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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maximizing Efficiency and Improving
Access to Providers at the Department of Veterans Affairs Act of
2016''.
SEC. 2. PILOT PROGRAM ON INCREASING THE USE OF MEDICAL SCRIBES TO
MAXIMIZE THE EFFICIENCY OF PHYSICIANS AT MEDICAL
FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Commencing not later than 120 days after the date
of the enactment of the Act, the Secretary of Veterans Affairs shall
carry out a pilot program to increase the use of medical scribes to
maximize the efficiency of physicians at medical facilities of the
Department of Veterans Affairs.
(b) Duration.--The Secretary shall carry out the pilot program
during the eighteen-month period beginning on the date of the
commencement of the pilot program.
(c) Locations.--The Secretary shall carry out the pilot program at
not fewer than five medical facilities of the Department--
(1) at which the Secretary has determined there is a high
volume of patients; or
(2) that are located in rural areas and at which the
Secretary has determined there is a shortage of physicians and
each physician has a high caseload.
(d) Contracts.--
(1) In general.--In carrying out the pilot program, the
Secretary shall enter into a contract with one or more
appropriate nongovernmental entities described in paragraph
(2).
(2) Appropriate nongovernmental entities described.--An
appropriate nongovernmental entity described in this paragraph
is an entity that trains and employs professional medical
scribes who specialize in the collection of medical data and
data entry into electronic health records.
(e) Collection of Data.--
(1) In general.--The Secretary shall collect data on the
pilot program to determine the effectiveness of the pilot
program in increasing the efficiency of physicians at medical
facilities of the Department.
(2) Elements.--The data collected under paragraph (1) shall
include the following with respect to each medical facility
participating in the pilot program:
(A) The average wait time for a veteran to receive
care from a physician at such medical facility before
implementation of the pilot program.
(B) The average wait time for a veteran to receive
care from such a physician after implementation of the
pilot program.
(C) The average number of patients that such a
physician is able to see on a daily basis before
implementation of the pilot program.
(D) The average number of patients that such a
physician is able to see on a daily basis after
implementation of the pilot program.
(E) The average amount of time such a physician
spends on documentation on a daily basis before
implementation of the pilot program.
(F) The average amount of time such a physician
spends on documentation on a daily basis after
implementation of the pilot program.
(G) The satisfaction and retention scores of each
such physician before implementation of the pilot
program.
(H) The satisfaction and retention scores of each
such physician after implementation of the pilot
program.
(I) The patient satisfaction scores for each such
physician before implementation of the pilot program.
(J) The patient satisfaction scores for each such
physician after implementation of the pilot program.
(K) The patient satisfaction scores for their
health care experience before implementation of the
pilot program.
(L) The patient satisfaction scores for their
health care experience after implementation of the
pilot program.
(f) Report.--
(1) In general.--Not later than 180 days after the
commencement of the pilot program, and not less frequently than
once every 180 days thereafter for the duration of the pilot
program, the Secretary shall submit to Congress a report on the
pilot program.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) The number of medical facilities of the
Department that are participating in the pilot program.
(B) With respect to each such medical facility, an
assessment of the effects that participation in the
pilot program has had on the following--
(i) Maximizing the efficiency of physicians
at such medical facility.
(ii) Reducing average wait times for
appointments.
(iii) Improving access of patients to
electronic medical records.
(iv) Mitigating physician shortages by
increasing the productivity of physicians.
(C) All data collected under subsection (e).
(D) Such recommendations as the Secretary may have
with respect to the extension or expansion of the pilot
program.
(g) Medical Scribe Defined.--In this section, the term ``medical
scribe'' means a member of the medical team hired and trained
specifically and exclusively to perform documentation in an electronic
health record to maximize the productivity of a physician. | Maximizing Efficiency and Improving Access to Providers at the Department of Veterans Affairs Act of 2016 This bill directs the Department of Veterans Affairs (VA) to carry out an 18-month pilot program to increase the use of medical scribes to maximize the efficiency of physicians at VA medical facilities. A "medical scribe" is defined as a member of the medical team hired and trained to perform documentation in an electronic health record to maximize the productivity of a physician. The program shall be conducted at not fewer than five medical facilities: (1) that the VA determines have a high volume of patients; or (2) which are located in rural areas, at which there is a shortage of physicians, and each physician of which has a high caseload. To carry out such program, the VA shall enter into a contract with one or more appropriate nongovernmental entities that train and employ professional medical scribes who specialize in the collection of medical data and data entry into electronic health records. The VA shall collect data to determine the effectiveness of the program, including information on changes in the average wait times for veterans to receive care, the average number of patients that a physician is able to see, the average amount of time such a physician spends on documentation, physician satisfaction and retention scores, and patient satisfaction scores. | {"src": "billsum_train", "title": "Maximizing Efficiency and Improving Access to Providers at the Department of Veterans Affairs Act of 2016"} | 1,017 | 274 | 0.774745 | 2.283772 | 0.768827 | 4.821429 | 3.837302 | 0.924603 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreclosure Prevention and
Homeownership Protection Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress makes the following findings:
(1) The United States is experiencing a wave of
foreclosures and mortgage lending problems that has had
widespread negative repercussions for world credit markets, the
United States economy, and neighborhoods and families in the
United States.
(2) The large number of actors, the complexity of the
transactions involved, and the lack of clear lines of
accountability have revealed numerous opportunities to improve
legislative and regulatory oversight of the industries
involved.
(3) This crisis has caused many Americans to lose their
homes, their jobs, and their financial stability.
(4) The magnitude of this crisis, the likelihood that
foreclosure filings will continue to increase, and the
widespread effects throughout the world economy make it
critically important that a bipartisan commission undertake a
comprehensive examination of the causes of this crisis, the
solutions to the crisis, and the legislative and regulatory
changes that will prevent such a crisis from occurring in the
future.
(b) Purpose.--The purpose of this Act is to establish a Commission
to perform a detailed and comprehensive examination of the origins and
causes of the current foreclosure crisis and to issue a report of its
findings to the President and to the Congress, which shall also
recommend legislative and regulatory changes that will assist
homeowners who are currently in danger of losing their homes, stem the
rising tide of foreclosures, and prevent the occurrence of similar
crises in the future.
SEC. 3. ESTABLISHMENT.
There is established a bipartisan commission to be known as the
Commission to Preserve the American Dream (in this Act referred to as
the ``Commission'').
SEC. 4. MEMBERSHIP.
(a) Members.--The Commission shall be composed of the following
individuals or their designees:
(1) 1 member shall be appointed by the Speaker of the House
of Representatives, in consultation with the majority leader of
the Senate, who shall serve as chairperson of the Commission.
(2) The Secretary of Housing and Urban Development.
(3) The Chairman of the Board of Governors of the Federal
Reserve System.
(4) The chief executive officer of the Federal National
Mortgage Association.
(5) The chief executive officer of the Federal Home Loan
Mortgage Corporation.
(6) 8 additional members or their designees, appointed in
the following manner:
(A) 2 members appointed by the Speaker of the House
of Representatives.
(B) 2 members appointed by the minority leader of
the House of Representatives.
(C) 2 members appointed by the majority leader of
the Senate.
(D) 2 members appointed by the minority leader of
the Senate.
(b) Consultation Required.--The Speaker of the House of
Representatives, the minority leader of the House of Representatives,
the majority leader of the Senate, and the minority leader of the
Senate shall consult among themselves prior to the appointment of the
members of the Commission designated in subsection (a)(6) in order to
achieve, to the maximum extent possible, fair and equitable
representation of various points of view with respect to the matters to
be studied by the Commission.
(c) Background.--The members of the Commission designated in
subsection (a)(6) shall have expertise in a broad range of issues,
including community housing, consumer lending, real estate finance,
economics, mortgage banking, loan servicing, credit risk assessment,
and the operation of housing finance agencies at the State government
level.
(d) Period of Appointment.--
(1) In general.--Each member of the Commission shall be
appointed for the life of the Commission.
(2) Vacancies.--A vacancy on the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment was made.
(e) Quorum.--
(1) Majority.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(2) Approval actions.--All recommendations and reports of
the Commission required by this Act shall be approved only by a
majority vote of a quorum of the Commission.
(f) Meetings.--
(1) First meeting.--The Speaker of the House shall call the
first meeting of the Commission not later than--
(A) 60 days after the date of enactment of this
Act; or
(B) 30 days after the date of the enactment of
legislation making appropriations to carry out this
Act.
(2) Subsequent meetings.--Except as provided in paragraph
(1), the Commission shall meet at the call of the Chairperson.
SEC. 5. DUTIES AND PURPOSE.
(a) Assessments.--The Commission shall study and assess--
(1) the adequacy of the existing legal and regulatory
framework to address the current foreclosure and mortgage
lending crisis and to prevent similar crises from happening in
the future;
(2) the role of the States versus the role of the Federal
Government in ensuring homeowners are protected against
unscrupulous lending practices; and
(3) the effects of this crisis on the domestic and world
economies.
(b) Recommendations.--The Commission shall make recommendations
of--
(1) ways to assist homeowners currently in danger of losing
their homes;
(2) ways to encourage lenders and borrowers to work
together to prevent foreclosure; and
(3) legislative and regulatory changes that will provide
protection for homeowners against unscrupulous lending
practices and strengthen accountability for those involved in
the mortgage lending market.
SEC. 6. POWERS.
(a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out this Act--
(1) hold such public hearings in such cities and countries,
sit and act at such times and places, take such testimony,
receive such evidence, and administer such oaths as the
Commission or such subcommittee or member considers advisable;
and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or member
considers advisable.
(b) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued under subsection (a) shall
bear the signature of the Chairperson of the Commission and
shall be served by any person or class of persons designated by
the Chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue
an order requiring such person to appear at any designated
place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by
the court as a contempt of that court.
(c) Witness Allowances and Fees.--Section 1821 of title 28, United
States Code, shall apply to witnesses requested or subpoenaed to appear
at any hearing of the Commission. The per diem and mileage allowances
for witnesses shall be paid from funds available to pay the expenses of
the Commission.
(d) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to perform its duties. Upon request of
the Chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 7. PERSONNEL.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate the employment of such personnel as may
be necessary to enable the Commission to perform its duties.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the personnel without regard to chapter
51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(f) Other Administrative Matters.--The Commission may--
(1) enter into agreements with the Administrator of General
Services to procure necessary financial and administrative
services;
(2) enter into contracts to procure supplies, services, and
property; and
(3) enter into contracts with Federal, State, or local
agencies, or private institutions or organizations, for the
conduct of research or surveys, the preparation of reports, and
other activities necessary to enable the Commission to perform
its duties.
SEC. 8. REPORT.
(a) In General.--Not later than 180 days after the appointment of
the Commission members under section 4, the Commission shall submit to
the President and the Congress a final report containing a detailed
statement of its findings, together with any recommendations for
legislation or administrative action that the Commission considers
appropriate, in accordance with the requirements of section 5.
(b) Considerations.--In developing any recommendations under
subsection (a), the Commission shall consider--
(1) the role of the Federal Government in preventing
similar crises in the future and its role in assisting
homeowners today;
(2) ways in which to strengthen accountability of all
actors involved, including homeowners, mortgage brokers,
lenders, appraisers, State housing agencies, the Federal
Housing Administration, Government-sponsored enterprises,
credit rating agencies, investors in collateralized debt
obligations, the Federal Reserve System, and other Federal
agencies with jurisdiction over entities involved with the
foreclosure crisis;
(3) the extent to which predatory and abusive lending
practices contributed to the crisis and whether new legislation
is required to curb such practices;
(4) the role of subprime lending practices in precipitating
this crisis; and
(5) ways to prevent blight and whether targeted solutions
may be required for neighborhoods that have been particularly
hard hit by the crisis.
SEC. 9. TERMINATION.
The Commission shall terminate upon the expiration of the 90-day
period beginning upon the date on which the Commission submits its
report to the Congress under section 8(a).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $3,000,000
to carry out this Act.
(b) Availability.--Any amounts appropriated pursuant to this
section shall remain available, without fiscal year limitation, until
expended. | Foreclosure Prevention and Homeownership Protection Act - Establishes the Commission to Preserve the American Dream (Commission) to study and report to Congress and the President on: (1) the adequacy of the existing legal and regulatory framework to address the current foreclosure and mortgage lending crisis and to prevent similar crises from happening in the future; (2) the role of the states versus the role of the federal government in ensuring homeowners are protected against unscrupulous lending practices; and (3) the effects of this crisis on the domestic and world economies.
Requires the Commission to make recommendations regarding: (1) ways to assist homeowners currently in danger of losing their homes; (2) ways to encourage lenders and borrowers to work together to prevent foreclosure; and (3) legislative and regulatory changes to protect homeowners against unscrupulous lending practices and strengthen accountability for those involved in the mortgage lending market. | {"src": "billsum_train", "title": "To establish a bipartisan commission to perform a comprehensive examination of the current foreclosure and mortgage lending crisis and to make recommendations for legislative and regulatory changes to address such problems."} | 2,638 | 185 | 0.607978 | 1.925382 | 0.871117 | 7.627219 | 14.828402 | 0.976331 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accutane Safety and Risk Management
Act''.
SEC. 2. FEDERAL FOOD, DRUG, AND COSMETIC ACT; RESTRICTIONS REGARDING
DRUG ISOTRETINOIN.
(a) In General.--Not later than the expiration of the 30-day period
beginning on the date of the enactment of this Act, the Secretary of
Health and Human Services (referred to in this Act as the
``Secretary''), acting through the Commissioner of Food and Drugs,
shall withdraw the approval under section 505 of the Federal Food,
Drug, and Cosmetic Act of each application for a drug that contains
isotretinoin as an active ingredient (including the drug marketed as
Accutane). During or after such period, any holder of an application
that is subject to the preceding sentence may file with the Secretary a
supplemental application for such drug, and the Secretary may approve
the supplemental application in accordance with subsection (b).
(b) Restrictions.--Any approval by the Secretary of a supplemental
application for a drug containing isotretinoin pursuant to subsection
(a) shall provide that such drug is being approved as a drug subject to
subpart H of part 314 of title 21, Code of Federal Regulations. The
Secretary shall under such subpart H establish restrictions on the
distribution of the drug. Such restrictions shall require that
distribution of the drug under all the approved supplemental
applications be exclusively through a single program, approved by the
Secretary, that provides for the distribution of the drug in accordance
with the following conditions:
(1) Distribution of the drug by manufacturers is directly
to pharmacists (without the involvement of entities engaged in
the wholesale distribution of drugs), and each pharmacist
receiving the drug is in compliance with the following:
(A) The pharmacist has registered with the program.
(B) The pharmacist has received education on
potential side effects of the drug relating to birth
defects and mental health or behavioral issues that, as
of the day before the date of the enactment of this
Act, were described on the approved labeling for the
drug (including depression, suicidal ideation, suicide
attempts, suicide, and aggressive or violent behavior).
(C) The pharmacist agrees that the drug will be
dispensed only pursuant to prescriptions issued by
practitioners at treatment centers certified under
paragraph (2).
(D) The pharmacist has signed and filed with the
program a statement that the pharmacist understands the
conditions for participation in the program as a
pharmacist, and will maintain compliance with the
agreement described in subparagraph (C) and otherwise
comply with applicable conditions.
(2) The program certifies clinics and medical offices as
treatment centers regarding the drug, makes the certifications
in accordance with the conditions described in subsection (c),
provides that the certifications are effective for one year,
and maintains a registry of treatment centers for which
certifications are in effect.
(3) The program develops and makes available to
practitioners materials for educating patients on the drug,
including managing the risks associated with the drug, and such
materials include a questionnaire, to be completed monthly by
patients, that warns patients of the adverse side effects
described in paragraph (1)(B) and monitors for the development
of any such effects in patients.
(4) The drug is prescribed for a patient by a practitioner
only in accordance with the following:
(A) The drug is prescribed for severe, recalcitrant
nodular acne that is unresponsive to conventional
therapy, including antibiotics.
(B) The patient is registered with the program.
(C) Using the materials referred to in paragraph
(3), the practitioner educates the patient on the drug,
including providing one-on-one, in-person counseling.
(D) The practitioner provides to the patient the
questionnaire referred to in paragraph (3), and the
patient completes the questionnaire.
(E) The patient signs a statement providing the
informed consent of the patient to undergo treatment
with the drug (or a parent or guardian of the patient
signs the statement, in the case of a patient who is a
minor or otherwise lacks legal capacity).
(F) The patient undergoes the appropriate blood
tests.
(G) In the case of a female patient--
(i) the education under subparagraph (C)
includes education on the need to avoid
becoming pregnant while being treated with the
drug; and
(ii) the practitioner determines that the
patient is not pregnant, as indicated by an
electronic verification, provided to the
practitioner by an accredited laboratory, that
the patient has undergone a pregnancy test and
received a negative result.
(H) In the case of a male patient, the education
under subparagraph (C) includes education on the need
to avoid impregnating women while being treated with
the drug.
(I) The prescription is issued only after
compliance with subparagraphs (B) through (H).
(J) The prescription is for a 30-day supply of the
drug, with no refills.
(K) Each further prescription for the drug is
issued by the practitioner to the patient only pursuant
to another in-person consultation with the
practitioner, and prior to issuing the prescription,
compliance with subparagraphs (C) through (I) is
repeated.
(L) The patient undergoes the appropriate blood
tests 30 days after the conclusion of treatment with
the drug.
(5) Such additional conditions as the Secretary may by
regulation determine to be necessary to protect the public
health with respect to the drug.
(c) Certification of Treatment Centers.--For purposes of subsection
(b)(2), the conditions for the program to certify a clinic or medical
office as a treatment center regarding a drug containing isotretinoin
are as follows:
(1) The program determines that each of the practitioners
at the clinic or office who will prescribe the drug is in
compliance with the following:
(A) The practitioner is authorized under the law of
the State involved to administer prescription drugs.
(B) The practitioner has registered with the
program and received education on the potential side
effects referred to in subsection (b)(1)(B).
(C) The practitioner agrees as follows:
(i) The practitioner will prescribe the
drug for a patient in accordance with
subsection (b)(4).
(ii) If a female patient being treated with
the drug becomes pregnant, the practitioner
will immediately report the pregnancy to the
program and provide follow-up in accordance
with the program.
(iii) The practitioner will not issue
prescriptions for the drug by telephone or
facsimile transmission, or through the
Internet.
(iv) The practitioner will--
(I) report to the Secretary any
information received by the
practitioner on adverse events that are
associated with the use of the drug by
patients of the practitioner; and
(II) submit such reports quarterly,
except in the case of a patient death
associated with the drug, in which case
the report will be submitted
immediately, but in no case later than
15 days after the date on which the
practitioner learns of the death.
(D) The practitioner has signed and filed with the
program a statement that the practitioner understands
the conditions for participation in the program as a
practitioner, and will maintain compliance with the
agreements described in subparagraph (C) and otherwise
comply with applicable conditions.
(2) After the initial certification of the clinic or
office, the program renews a certification for additional one-
year periods only if the program has conducted an evaluation to
determine whether, during the preceding one-year period, each
practitioner at the center who prescribes the drug has
maintained substantial compliance with applicable conditions of
the program.
(3) Such additional conditions as the Secretary may by
regulation determine to be necessary to protect the public
health with respect to the drug.
(d) Monitoring by Secretary.--The Secretary shall monitor the
distribution of drugs containing isotretinoin under supplemental
applications approved under subsection (b), including the prescribing
and dispensing of the drug, to determine whether the drug is being
distributed in accordance with the program approved by the Secretary
under such subsection.
(e) Additional Approved Uses.--
(1) In general.--With respect to a drug that contains
isotretinoin as an active ingredient, this section may not be
construed as prohibiting the Secretary from approving an
application under section 505 of the Federal Food, Drug, and
Cosmetic Act for such a drug for a use different than the use
described in subsection (b)(4)(A) (which different use is
referred to in this subsection as a ``new use'').
(2) Conditions.--For purposes of paragraph (1):
(A) An approval by the Secretary of a new use is
subject to the same conditions as apply under
subsection (b) with respect to the use described in
paragraph (4)(A) of such subsection.
(B) In applying such conditions to the new use, the
Secretary may authorize the program under subsection
(b) to be expanded to include the new use, or the
Secretary may require the establishment of a separate
program for the new use.
(C) The requirement of monitoring under subsection
(d) applies with respect to the new use to the same
extent and in the same manner as the requirement
applies with respect to the use described in subsection
(b)(4)(A).
(D) Section 3 applies with respect to the new use.
SEC. 3. REPORTING OF ADVERSE EVENTS BY MANUFACTURERS AND DISTRIBUTORS.
(a) In General.--Each person who is a manufacturer or distributor
of a drug containing isotretinoin shall report to the Secretary any
information received by such person on adverse events that are
associated with such drug. In any case in which an individual reports
an adverse event to such person and states that the individual believes
the drug is a factor in the event, the person shall consider the event
to be associated with the drug for purposes of the preceding sentence.
(b) Timeframe for Reporting.--A person described in subsection (a)
shall submit reports under such subsection to the Secretary on a
quarterly basis, except that in the case of a death associated with
isotretinoin, the report shall be submitted immediately, but in no case
later than 15 days after the date on which the person learns of the
death.
SEC. 4. FURTHER STUDIES.
(a) In General.--The Secretary, in consultation with the Director
of the Centers for Disease Control and Prevention, the Director of the
National Institutes of Health, and the Director of the National
Institute of Mental Health, shall continue to conduct and support
appropriate studies to explore, in adolescents and adults--
(1) the effects of isotretinoin and retinoid acid on the
central nervous system, including the brain; and
(2) the behavioral effects of isotretinoin, including
depression, suicidal ideation, suicide attempts, suicide, and
aggressive or violent behavior.
(b) Authorization of Appropriations.--For the purpose of studies
under subsection (a), there are authorized to be appropriated such sums
as may be necessary for fiscal year 2006 and each subsequent fiscal
year, in addition to any other authorizations of appropriations that
are available for such purpose. | Accutane Safety and Risk Management Act - Requires the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to withdraw approval within 30 days for the sale of drugs that contain isotretinoin as an active ingredient, including Accutane.
Allows the Secretary to approve subsequent supplemental applications for such drugs subject to certain restrictions, including safety reporting. Requires that distribution of such subsequently approved drugs be limited, including by: (1) allowing distribution only directly from manufacturers to pharmacists; (2) requiring pharmacists to register, receive education on side effects, dispense only those prescriptions from physicians at certified treatment centers, and file a statement of compliance; (3) developing educational materials for patients, including monthly questionnaires for patients to monitor the development of adverse side effects; (4) requiring patients to register, receive counseling on the drug, sign a statement providing informed consent for treatment, and undergo appropriate tests; and (5) limiting prescriptions to a 30-day supply with no refills.
Specifies conditions for a clinic to be certified as a treatment center for a drug containing isotretinoin, including requiring each practitioner to meet certain conditions, such as requirements for registration, an agreement to prescribe in accordance with this Act, and reporting of adverse events.
Requires the Secretary to monitor the distribution of such drugs to determine whether the drug is being distributed in accordance with this Act.
Specifies conditions under which the Secretary may approve a drug that contains isotretinoin as an active ingredient for a new use.
Requires manufacturers and distributors of isotretinoin to report any information on adverse events associated with the drug to the Secretary.
Requires the Secretary to conduct and support studies to explore the effects of isotretinoin on the central nervous system and behavior, including depression, suicide, and violent behavior. | {"src": "billsum_train", "title": "To provide for the establishment of certain restrictions with respect to drugs containing isotretinoin (including the drug marketed as Accutane)."} | 2,428 | 411 | 0.665377 | 2.101062 | 0.787253 | 2.513043 | 6.718841 | 0.901449 |
SECTION 1. TEMPORARY EXPANSION OF FIRST-TIME HOMEBUYER CREDIT TO ALL
HOMEBUYERS.
(a) In General.--Section 36 of the Internal Revenue Code of 1986
(relating to first-time homebuyer credit) is amended by redesignating
subsections (g) and (h) as subsections (h) and (i), respectively, and
by inserting after subsection (f) the following new subsection:
``(g) Credit Temporarily Allowable to All Homebuyers.--
``(1) Credit expanded to all homebuyers.--Except as
provided in paragraph (1), in the case of residences purchased
after the date of the enactment of this subsection and before
July 1, 2010, the requirement that the taxpayer be a first-time
homebuyer shall not apply.
``(2) Exception.--No credit shall be allowed under this
section by reason of paragraph (1) if credit was allowed under
this section or 1400C (relating to first-time homebuyer in the
District of Columbia) to the taxpayer (or the taxpayer's
spouse) with respect to any other residence.''.
(b) Conforming Amendments.--
(1) Section 36 of such Code is amended by striking
``December 1, 2009'' each place it appears (other than
subsection (h), as redesignated by subsection (a)) and
inserting ``July 1, 2010''.
(2) The heading for subparagraph (D) of section 36(f)(4) of
such Code is amended by striking ``purchases in 2009'' and
inserting ``certain purchases''.
(3) Subsection (h) of section 36 of such Code, as so
redesignated, is amended by striking ``December 31, 2009'' and
inserting ``January 1, 2010''.
(4) The heading of such section 36 is amended by inserting
before the period ``; temporary credit for all homebuyers''.
(5) The item relating to section 36 in the table of
sections for subpart C of part IV of subchapter A of chapter 1
of such Code is amended by inserting before the period ``;
Temporary credit for all homebuyers''.
(c) Effective Date.--The amendments made by this section shall
apply to residences purchased after the date of the enactment of this
Act.
SEC. 2. TEMPORARY REFUNDABLE CREDIT FOR COSTS OF REFINANCING
ACQUISITION INDEBTEDNESS SECURED BY PRINCIPAL RESIDENCE.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36 the following new section:
``SEC. 36A. TEMPORARY CREDIT FOR COSTS OF REFINANCING ACQUISITION
INDEBTEDNESS SECURED BY PRINCIPAL RESIDENCE.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
an amount equal to the qualified refinancing costs paid or accrued by
the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--
``(A) In general.--Except as otherwise provided in
this paragraph, the credit allowed under subsection (a)
shall not exceed $3,000.
``(B) Married individuals filing separately.--In
the case of a married individual filing a separate
return, subparagraph (A) shall be applied by
substituting `$1,500' for `$3,000'.
``(C) Other individuals.--If two or more
individuals who are not married own a principal
residence, the amount of the credit allowed under
subsection (a) shall be allocated among such
individuals in such manner as the Secretary may
prescribe, except that the total amount of the credits
allowed to all such individuals shall not exceed
$3,000.
``(2) Limitation based on modified adjusted gross income.--
The amount allowable as a credit under subsection (a)
(determined without regard to this paragraph) for the taxable
year shall be reduced as provided in section 36(b)(2).
``(c) Qualified Financing Costs.--For purposes of this section, the
term `qualified refinancing costs' means costs--
``(1) which are incurred to refinance acquisition
indebtedness (as defined in section 163(h)(3)) secured by the
principal residence of the taxpayer, and
``(2) which are not allowable as a deduction under this
chapter.
``(d) Exception.--No credit under subsection (a) shall be allowed
to any nonresident alien.
``(e) Application of Section.--This section shall only apply to
refinancings after the date of the enactment of this section and before
July 1, 2010.''.
(b) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36A,'' after ``36,''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36A,'' after ``36,''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36
the following new item:
``Sec. 36A. Temporary credit for costs of refinancing acquisition
indebtedness secured by principal
residence.''.
(c) Effective Date.--The amendments made by this section shall
apply to refinancings after the date of the enactment of this Act in
taxable years ending after such date. | Amends the Internal Revenue Code to allow until June 30, 2010: (1) a first-time homebuyer tax credit for all purchasers of a principal residence (not just first-time homebuyers); and (2) a refundable tax credit, up to $3,000, for the costs of refinancing a principal residence. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to temporarily expand the credit for first-time homebuyers to all homebuyers and to allow individuals a temporary refundable credit against income tax for the costs of refinancing acquisition indebtedness secured by their principal residence."} | 1,316 | 72 | 0.557055 | 1.369117 | -0.125025 | 1.935484 | 17.854839 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CRA Restoration Act of 1999''.
SEC. 2. COMMUNITY REINVESTMENT AMENDMENTS.
(a) Financial Holding Companies.--
(1) In general.--Section 4(l)(1) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(l)(1)), as added by the
Gramm-Leach-Bliley Act, is amended--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) All of the subsidiary depository institutions
of the bank holding company have achieved a rating of
`satisfactory record of meeting community credit
needs', or better, at the most recent examination of
each such institution; and''; and
(D) in subparagraph (D) (as so redesignated by
subparagraph (B) of this paragraph), by striking ``and
(B)'' and inserting ``, (B), and (C)''.
(2) Technical and conforming amendments.--
(A) Section 4(l)(2) of the Bank Holding Company Act
of 1956 (12 U.S.C. 1843(l)(2)) (as added by the Gramm-
Leach-Bliley Act) is amended to read as follows:
``(2) Limited exclusions from community needs requirements
for newly acquired depository institutions.--Any depository
institution acquired by a bank holding company during the 12-
month period preceding the submission of a notice under
paragraph (1)(D) and any depository institution acquired after
the submission of such notice may be excluded for purposes of
paragraph (1)(C) during the 12-month period beginning on the
date of such acquisition if--
``(A) the bank holding company has submitted an
affirmative plan to the appropriate Federal banking
agency to take such action as may be necessary in order
for such institution to achieve a rating of
`satisfactory record of meeting community credit
needs', or better, at the next examination of the
institution; and
``(B) the plan has been accepted by such agency.''.
(B) Section 4(m) of the Bank Holding Company Act of
1956 (12 U.S.C. 1843(m)), as added by the Gramm-Leach-
Bliley Act, is amended by striking paragraphs (3) and
(4) and inserting the following new paragraphs:
``(3) Authority to impose limitations.--Until the
conditions described in a notice to a financial holding company
under paragraph (1) are corrected--
``(A) the Board may impose such limitations on the
conduct or activities of the company or any affiliate
of the company as the Board determines to be
appropriate under the circumstances; and
``(B) the appropriate Federal banking agency may
impose such limitations on the conduct or activities of
an affiliated depository institution or subsidiary of a
depository institution as the appropriate Federal
banking agency determines to be appropriate under the
circumstances.
``(4) Failure to correct.--If, after receiving a notice
under paragraph (1), a financial holding company does not--
``(A) execute and implement an agreement in
accordance with paragraph (2);
``(B) comply with any limitations imposed under
paragraph (3);
``(C) in the case of a notice of failure to comply
with subsection (l)(1)(A), restore each depository
institution subsidiary to well capitalized status
before the end of the 180-day period beginning on the
date such notice is received by the company (or such
other period permitted by the Board); or
``(D) in the case of a notice of failure to comply
with subparagraph (B) or (C) of subsection (l)(1),
restore compliance with any such subparagraph by the
date the next examination of the depository institution
subsidiary is completed or by the end of such other
period as the Board determines to be appropriate,
the Board may require such company, under such terms and
conditions as may be imposed by the Board and subject to such
extension of time as may be granted in the Board's discretion,
to divest control of any depository institution subsidiary or,
at the election of the financial holding company, instead to
cease to engage in any activity conducted by such company or
its subsidiaries pursuant to this section.''.
(C) Section 5(a) of the Bank Holding Company Act of
1956 (12 U.S.C. 1844(a)), as amended by the Gramm-
Leach-Bliley Act, is amended by striking ``4(l)(1)(C)''
and inserting ``4(l)(1)(D)''.
(D) Section 8(c) of the International Banking Act
of 1978 (12 U.S.C. 3106(c)), as amended by the Gramm-
Leach-Bliley Act, is amended by striking ``4(l)(1)(C)''
and inserting ``4(l)(1)(D)''.
(E) Section 804 of the Community Reinvestment Act
of 1977 (12 U.S.C. 2903) is amended by striking
subsection (c), as added by the Gramm-Leach-Bliley Act.
(b) Financial Subsidiaries.--
(1) In general.--Section 5136A(a)(2)(C) of the Revised
Statutes of the United States (as added by the Gramm-Leach-
Bliley Act) is amended to read as follows:
``(C) the national bank and each insured depository
institution affiliate of the national bank--
``(i) are well capitalized;
``(ii) are well managed: and
``(iii) have achieved a rating of
`satisfactory record of meeting community
credit needs', or better, at the most recent
examination of each such bank or
institution;''.
(2) Technical and conforming amendment.--Section 5136A(a)
of the Revised Statutes of the United States (as added by the
Gramm-Leach-Bliley Act) is amended by adding at the end the
following new paragraph:
``(8) Limited exclusions from community needs requirements
for newly affiliated depository institutions.--Any depository
institution which becomes an affiliate of a national bank
during the 12-month period preceding the date of an approval by
the Comptroller of the Currency under paragraph (1)(F) for such
bank, and any depository institution which becomes an affiliate
of the national bank after such date, may be excluded for
purposes of paragraph (1)(C)(iii) during the 12-month period
beginning on the date of such affiliation if--
``(A) the national bank or such depository
institution has submitted an affirmative plan to the
appropriate Federal banking agency to take such action
as may be necessary in order for such institution to
achieve a rating of `satisfactory record of meeting
community credit needs', or better, at the next
examination of the institution; and
``(B) the plan has been accepted by such agency.''.
(c) Repeal of CRA Sunshine Requirement.--The Federal Deposit
Insurance Act (12 U.S.C. 1811 et seq.) is amended by striking section
48 (as added by the Gramm-Leach-Bliley Act).
(d) Repeal of Small Bank Stretch-Out.--The Community Reinvestment
Act of 1977 (12 U.S.C. 2901 et seq.) is amended by striking section 809
(as added by the Gramm-Leach-Bliley Act).
(e) Gramm-Leach-Bliley Act.--The Gramm-Leach-Bliley Act is amended
by striking sections 713, 714, and 715. | Permits the exclusion from community needs requirements for 12 months of certain newly acquired depository institutions, if the bank holding company submits to the appropriate Federal banking agency, and the agency has approved, an affirmative plan for achieving a satisfactory record of meeting community credit needs, or better, at the institution's next examination.
Amends the Revised Statutes of the United States to declare that a national bank may control, or hold an interest in a financial subsidiary only if such bank and each of its insured depository institution affiliates has achieved a rating of "satisfactory record of meeting community credit needs," or better, at its most recent examination.
Permits the exclusion from community needs requirements for 12 months of certain newly affiliated depository institutions, if the national bank or depository institution submits to the appropriate Federal banking agency, and the agency has approved, an affirmative plan for achieving a satisfactory record of meeting community credit needs, or better, at the institution's next examination.
Amends the Federal Deposit Insurance Act to repeal the mandate for full public disclosure and an annual status report of any agreement entered into between an insured depository institution, its affiliate, and any non-governmental party, pursuant to or in connection with the Community Reinvestment Act of 19977 (CRA), involving funds or other depository institution resources (including full text disclosure to the appropriate Federal banking regulatory agency).
Amends CRA to repeal the graduated schedule of decreasing CRA examinations of certain small-sized banks commensurate with their record of meeting CRA "community credit needs".
Amends the Gramm-Leach-Bliley Act to repeal: (1) the directive to the Board of Governors of the Federal Reserve System to conduct a comprehensive study of the CRA and report to Congress and the public on CRA default, delinquency, and profitability data; and (2) the requirement that the Secretary of the Treasury study and report to Congress on the extent to which adequate services are being provided as intended by the CRA. | {"src": "billsum_train", "title": "CRA Restoration Act of 1999"} | 1,777 | 437 | 0.64769 | 2.016181 | 0.873757 | 2.076517 | 4.034301 | 0.76781 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Youth Violence Commission
Act''.
SEC. 2. NATIONAL YOUTH VIOLENCE COMMISSION.
(a) Establishment of Commission.--There is established a commission
to be known as the National Youth Violence Commission (hereinafter
referred to in this Act as the ``Commission''). The Commission shall--
(1) be composed of 16 members appointed in accordance with
subsection (b); and
(2) conduct its business in accordance with the provisions
of this Act.
(b) Membership.--
(1) Persons eligible.--Except for those members who hold
the offices described under paragraph (2)(A), and those members
appointed under paragraph (2) (C)(ii) and (D)(iv), the members
of the Commission shall be individuals who have expertise, by
both experience and training, in matters to be studied by the
Commission under section 3. The members of the Commission shall
be well-known and respected among their peers in their
respective fields of expertise.
(2) Appointments.--The members of the Commission shall be
appointed for the life of the Commission as follows:
(A) Four shall be appointed by the President of the
United States, including--
(i) the Surgeon General of the United
States;
(ii) the Attorney General of the United
States;
(iii) the Secretary of the Department of
Health and Human Services; and
(iv) the Secretary of the Department of
Education.
(B) Four shall be appointed by the Speaker of the
House of Representatives, including--
(i) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
law enforcement;
(ii) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
school administration, teaching, or counseling;
(iii) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
parenting and family studies; and
(iv) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
child or adolescent psychology.
(C) Two shall be appointed by the Minority Leader
of the House of Representatives, including--
(i) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
law enforcement; and
(ii) 1 member who is a recognized religious
leader.
(D) Four shall be appointed by the Majority Leader
of the Senate, including--
(i) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
law enforcement;
(ii) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
school administration, teaching, or counseling;
(iii) 1 member who meets the criteria for
eligibility in paragraph (1) in the social
sciences; and
(iv) 1 member who is a recognized religious
leader.
(E) Two shall be appointed by the Minority Leader
of the Senate, including--
(i) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
school administration, teaching, or counseling;
and
(ii) 1 member who meets the criteria for
eligibility in paragraph (1) in the field of
parenting and family studies.
(3) Completion of appointments; vacancies.--Not later than
30 days after the date of enactment of this Act, the appointing
authorities under paragraph (2) shall each make their
respective appointments. Any vacancy that occurs during the
life of the Commission shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment not later than 30 days after the vacancy
occurs.
(4) Operation of the commission.--
(A) Chairmanship.--The appointing authorities under
paragraph (2) shall jointly designate 1 member as the
Chairman of the Commission. In the event of a
disagreement among the appointing authorities, the
Chairman shall be determined by a majority vote of the
appointing authorities. The determination of which
member shall be Chairman shall be made not later than
15 days after the appointment of the last member of the
Commission, but in no case later than 45 days after the
date of enactment of this Act.
(B) Meetings.--The Commission shall meet at the
call of the Chairman. The initial meeting of the
Commission shall be conducted not later than 30 days
after the later of--
(i) the date of the appointment of the last
member of the Commission; or
(ii) the date on which appropriated funds
are available for the Commission.
(C) Quorum; voting; rules.--A majority of the
members of the Commission shall constitute a quorum to
conduct business, but the Commission may establish a
lesser quorum for conducting hearings scheduled by the
Commission. Each member of the Commission shall have 1
vote, and the vote of each member shall be accorded the
same weight. The Commission may establish by majority
vote any other rules for the conduct of the
Commission's business, if such rules are not
inconsistent with this Act or other applicable law.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--It shall be the duty of the Commission to
conduct a comprehensive factual study of incidents of youth
violence to determine the root causes of such violence.
(2) Matters to be studied.--In determining the root causes
of incidents of youth violence, the Commission shall study any
matter that the Commission determines relevant to meeting the
requirements of paragraph (1), including at a minimum--
(A) the level of involvement and awareness of
teachers and school administrators in the lives of
their students and any impact of such involvement and
awareness on incidents of youth violence;
(B) trends in family relationships, the level of
involvement and awareness of parents in the lives of
their children, and any impact of such relationships,
involvement, and awareness on incidents of youth
violence;
(C) the alienation of youth from their schools,
families, and peer groups, and any impact of such
alienation on incidents of youth violence;
(D) the availability of firearms to youth,
including the means by which they acquire such
firearms, and any impact of such availability on
incidents of youth violence;
(E) the effect upon youth of depictions of violence
in the media and any impact of such depictions on
incidents of youth violence; and
(F) the availability to youth of information
regarding the construction of weapons, including
explosive devices, and any impact of such information
on incidents of youth violence.
(3) Testimony of parents and students.--In determining the
root causes of incidents of youth violence, the Commission
shall, pursuant to section 4(a), take the testimony of parents
and students to learn and memorialize their views and
experiences regarding incidents of youth violence.
(b) Recommendations.--Based on the findings of the study required
under subsection (a), the Commission shall make recommendations to the
President and Congress to address the causes of youth violence and
reduce incidents of youth violence. If the Surgeon General issues any
report on media and violence, the Commission shall consider the
findings and conclusions of such report in making recommendations under
this subsection.
(c) Report.--
(1) In general.--Not later than 1 year after the date on
which the Commission first meets, the Commission shall submit
to the President and Congress a comprehensive report of the
Commission's findings and conclusions, together with the
recommendations of the Commission.
(2) Summaries.--The report under this subsection shall
include a summary of--
(A) the reports submitted to the Commission by any
entity under contract for research under section 4(e);
and
(B) any other material relied on by the Commission
in the preparation of the Commission's report.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under section 3.
(2) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United States Code.
(b) Subpoenas.--
(1) In general.--If a person fails to supply information
requested by the Commission, the Commission may by majority
vote request the Attorney General of the United States to
require by subpoena the production of any written or recorded
information, document, report, answer, record, account, paper,
computer file, or other data or documentary evidence necessary
to carry out the Commission's duties under section 3. The
Commission shall transmit to the Attorney General a
confidential, written request for the issuance of any such
subpoena. The Attorney General shall issue the requested
subpoena if the request is reasonable and consistent with the
Commission's duties under section 3. A subpoena under this
paragraph may require the production of materials from any
place within the United States.
(2) Interrogatories.--The Commission may, with respect only
to information necessary to understand any materials obtained
through a subpoena under paragraph (1), request the Attorney
General to issue a subpoena requiring the person producing such
materials to answer, either through a sworn deposition or
through written answers provided under oath (at the election of
the person upon whom the subpoena is served), to
interrogatories from the Commission regarding such information.
The Attorney General shall issue the requested subpoena if the
request is reasonable and consistent with the Commission's
duties under section 3. A complete recording or transcription
shall be made of any deposition made under this paragraph.
(3) Certification.--Each person who submits materials or
information to the Attorney General pursuant to a subpoena
issued under paragraph (1) or (2) shall certify to the Attorney
General the authenticity and completeness of all materials or
information submitted. The provisions of section 1001 of title
18, United States Code, shall apply to any false statements
made with respect to the certification required under this
paragraph.
(4) Treatment of subpoenas.--Any subpoena issued by the
Attorney General under paragraph (1) or (2) shall comply with
the requirements for subpoenas issued by a United States
district court under the Federal Rules of Civil Procedure.
(5) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued by the Attorney General under paragraph
(1) or (2), the Attorney General may apply to a United States
district court for an order requiring that person to comply
with such subpoena. The application may be made within the
judicial district in which that person is found, resides, or
transacts business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(c) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out its duties under section 3.
Upon the request of the Commission, the head of such department or
agency may furnish such information to the Commission.
(d) Information To Be Kept Confidential.--
(1) In general.--The Commission shall be considered an
agency of the Federal Government for purposes of section 1905
of title 18, United States Code, and any individual employed by
any individual or entity under contract with the Commission
under subsection (e) shall be considered an employee of the
Commission for the purposes of section 1905 of title 18, United
States Code.
(2) Disclosure.--Information obtained by the Commission or
the Attorney General under this Act and shared with the
Commission, other than information available to the public,
shall not be disclosed to any person in any manner, except--
(A) to Commission employees or employees of any
individual or entity under contract to the Commission
under subsection (e) for the purpose of receiving,
reviewing, or processing such information;
(B) upon court order; or
(C) when publicly released by the Commission in an
aggregate or summary form that does not directly or
indirectly disclose--
(i) the identity of any person or business
entity; or
(ii) any information which could not be
released under section 1905 of title 18, United
States Code.
(e) Contracting for Research.--The Commission may enter into
contracts with any entity for research necessary to carry out the
Commission's duties under section 3.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of service for the
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment and
termination of an executive director shall be subject to
confirmation by a majority of the members of the Commission.
(2) Compensation.--The executive director shall be
compensated at a rate not to exceed the rate payable for level
V of the Executive Schedule under section 5316 of title 5,
United States Code. The Chairman may fix the compensation of
other personnel without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status, benefits, or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission and any
agency of the Federal Government assisting the Commission in carrying
out its duties under this Act such sums as may be necessary to carry
out the purposes of this Act. Any sums appropriated shall remain
available, without fiscal year limitation, until expended.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the Commission submits
the report under section 3(c). | National Youth Violence Commission Act - Establishes a National Youth Violence Commission to: (1) conduct a comprehensive study of incidents of youth violence to determine the root causes of such violence; and (2) report to the President and Congress recommendations to address the causes of, and reduce incidences of, youth violence.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Youth Violence Commission Act"} | 3,324 | 70 | 0.511417 | 1.221705 | 0.30745 | 3.765625 | 50.234375 | 0.953125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Wildlife Disease
Testing Acceleration Act of 2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease that afflicts deer and elk--
(A) that is a transmissible disease of the nervous
system resulting in distinctive lesions in the brain;
and
(B) that belongs to the group of diseases--
(i) that is known as transmissible
spongiform encephalopathies; and
(ii) that includes scrapie, bovine
spongiform encephalopathy, and Cruetzfeldt-
Jakob disease.
(2) Epizootic hemorrhagic disease.--The term ``epizootic
hemorrhagic disease'' means the animal disease afflicting deer
and other wild ruminants--
(A) that is an insect-borne transmissible viral
disease; and
(B) that results in spontaneous hemorraging in the
muscles and organs of the afflicted animals.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Task force.--The term ``Task Force'' means the
Interagency Task Force on Epizootic Hemorrhagic Disease
established by section 4(a).
SEC. 3. CHRONIC WASTING DISEASE SAMPLING GUIDELINES AND TESTING
PROTOCOL.
(a) Sampling Guidelines.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall issue guidelines for
the collection of animal tissue by Federal, State, tribal, and
local agencies for testing for chronic wasting disease.
(2) Requirements.--Guidelines issued under paragraph (1)
shall--
(A) include procedures for the stabilization of
tissue samples for transport to a laboratory for
assessment; and
(B) be updated as the Secretary determines to be
appropriate.
(b) Testing Protocol.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall issue a protocol to be used
in the laboratory assessment of samples of animal tissue that may be
contaminated with chronic wasting disease.
(c) Laboratory Certification and Inspection Program.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall establish a program
for the certification and inspection of Federal and non-Federal
laboratories (including private laboratories) under which the
Secretary shall authorize laboratories certified under the
program to conduct tests for chronic wasting disease.
(2) Verification.--In carrying out the program established
under paragraph (1), the Secretary may require that the results
of any tests conducted by private laboratories shall be
verified by Federal laboratories.
(d) Development of New Tests.--Not later than 45 days after the
date of enactment of this Act, the Secretary shall accelerate research
into--
(1) the development of animal tests for chronic wasting
disease, including--
(A) tests for live animals; and
(B) field diagnostic tests; and
(2) the development of testing protocols that reduce
laboratory test processing time.
SEC. 4. INTERAGENCY TASK FORCE ON EPIZOOTIC HEMORRHAGIC DISEASE.
(a) In General.--There is established a Federal interagency task
force to be known as the ``Interagency Task Force on Epizootic
Hemorrhagic Disease'' to coordinate activities to prevent the outbreak
of epizootic hemorrhagic disease and related diseases in the United
States.
(b) Membership.--The Task Force shall be composed of--
(1) the Secretary, who shall serve as the chairperson of
the Task Force;
(2) the Secretary of the Interior;
(3) the Secretary of Commerce;
(4) the Secretary of Health and Human Services;
(5) the Secretary of the Treasury;
(6) the Commissioner of Food and Drugs;
(7) the Director of the National Institutes of Health;
(8) the Director of the Centers for Disease Control and
Prevention;
(9) the Commissioner of Customs; and
(10) the heads of any other Federal agencies that the
President determines to be appropriate.
(c) Report.--Not later than 60 days after the date of enactment of
this Act, the Task Force shall submit to Congress a report that--
(1) describes any activities that are being carried out, or
that will be carried out, to prevent--
(A) the outbreak of epizootic hemorrhagic disease
and related diseases in the United States; and
(B) the spread or transmission of epizootic
hemorrhagic disease and related diseases to dairy
cattle or other livestock; and
(2) includes recommendations for--
(A) legislation that should be enacted or
regulations that should be promulgated to prevent the
outbreak of epizootic hemorrhagic disease and related
diseases in the United States; and
(B) coordination of the surveillance of and
diagnostic testing for epizootic hemorrhagic disease,
chronic wasting disease, and related diseases.
SEC. 5. FUNDING.
To carry out this Act, the Secretary may use funds made available
to the Secretary for administrative purposes. | Comprehensive Wildlife Disease Testing Acceleration Act of 2002 - Directs the Secretary of Agriculture, with respect to chronic wasting disease (a disease affecting deer and elk), to: (1) issue guidelines for animal tissue collecting and laboratory testing; (2) establish a laboratory certification and inspection program; and (3) accelerate testing research.Establishes the Interagency Task Force on Epizootic Hemorrhagic Disease to coordinate epizootic hemorrhagic disease (a disease affecting deer and other wild ruminants) prevention activities. | {"src": "billsum_train", "title": "To provide for the testing of chronic wasting disease and other infectious disease in deer and elk herds, to establish the Interagency Task Force on Epizootic Hemorrhagic Disease, and for other purposes."} | 1,188 | 123 | 0.583913 | 1.685775 | 0.687341 | 2.472527 | 11.043956 | 0.912088 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Mandate Reduction, Reform,
and Budget Act of 1993''.
SEC. 2. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974.
(a) Federal Regulatory Budget Cost Control System.--Title III of
the Congressional Budget Act of 1974 is amended by inserting before
section 300 the following new center heading ``PART A--GENERAL
PROVISIONS'' and by adding at the end the following new part:
``PART B--FEDERAL MANDATE BUDGET COST CONTROL
SEC. 321. OMB-CBO REPORTS.
``(a) OMB-CBO Initial Report.--Within 1 year after the date of
enactment of this section, OMB and CBO shall jointly issue a report to
the President and each House of Congress that contains the following:
``(1) For the first budget year beginning after the
issuance of this report, a projection of the aggregate direct
cost to States and local governments of complying with all
Federal mandates in effect immediately before issuance of the
report containing the projection for that budget year of the
effect of current-year Federal mandates into the budget year
and the outyears based on those mandates.
``(2) A calculation of the estimated aggregate direct cost
to States and local governments of compliance with all Federal
mandates as a percentage of the gross domestic product (GDP).
``(3) The estimated marginal cost (measured as a reduction
in estimated gross domestic product) to States and local
governments of compliance with all Federal mandates in excess
of the cap (to be determined under paragraph (5)) allowable for
the sixth year following the budget year and subsequent fiscal
years.
``(4) The effect on the domestic economy of different types
of Federal mandates.
``(5) The appropriate level of personnel, administrative
overhead, and programmatic savings that should be achieved on a
fiscal year by fiscal year basis by Federal agencies that issue
mandates with direct costs to States and local governments
through the reduction of such aggregate costs to States and
local governments by 6.5 percent for the budget year (as
measured against the aggregate mandate baseline for the first
budget year to which this part applies) and by 6.5 percent
increments for each of the outyears (until the aggregate level
of such costs does not exceed 3 percent of the estimated gross
domestic product for the same fiscal year as the estimated
costs that will be incurred).
``(6) Recommendations for budgeting, technical, and
estimating changes to improve the Federal mandate budgeting
process.
``(b) Update Reports.--OMB and CBO shall issue update reports on
September 15th of the fifth year beginning after issuance of the
initial report and at 5-year intervals thereafter containing all the
information required in the initial report, but based upon all Federal
mandates in effect immediately before issuance of the most recent
update report.
``(c) Initial Baseline Report.--Within 30 days after the date of
enactment of this section, OMB and CBO shall jointly issue a report to
the President and each House of Congress that contains an initial
aggregate mandate baseline for the first budget year that begins at
least 120 days after that date of enactment. That baseline will be a
projection of the aggregate direct cost to States and local governments
of complying with all Federal mandates in effect immediately before
issuance of the report containing the projection for that budget year
of the effect of current-year Federal mandates into the budget year and
the outyears based on those mandates.
``SEC. 322. AGGREGATE MANDATE BASELINE.
``(a) In General.--For the first budget year beginning after the
date of enactment of this section and for every other fiscal year
thereafter, the aggregate mandate baseline refers to a projection of
the aggregate direct cost to States and local governments of complying
with all Federal mandates in effect immediately before issuance of the
report containing the projection for that budget year of the effect of
current-year Federal mandates into the budget year and the outyears
based on those mandates. However, in the case of each of the succeeding
fiscal years, the baseline shall be adjusted for the estimated growth
during that year in the gross domestic product (GDP).
``(b) OMB-CBO Aggregate Mandate Baseline Reports.--(1) The first
budget year for which there shall be an aggregate mandate baseline
shall be the budget year to which the initial OMB-CBO baseline report
issued under section 321(c) pertains.
``(2) In the case of each budget year after the budget year
referred to in paragraph (1), not later than September 15 of the
current year, OMB and CBO shall jointly issue a report containing the
baseline referred to in subsection (a) for that budget year.
``SEC. 323. RECONCILIATION AND ALLOCATIONS.
``(a) Reconciliation Directives.--In addition to the requirements
of section 310, a concurrent resolution on the budget for any fiscal
year shall specify--
``(1) changes in laws and regulations necessary to reduce
the aggregate direct cost to States and local governments of
complying with all Federal mandates by 6.5 percent for the
budget year (as measured against the aggregate mandate baseline
for the first budget year to which this part applies) and by
6.5 percent increments for each of the outyears (until the
aggregate level of such costs does not exceed 3 percent of the
estimated gross domestic product for the same fiscal year as
the estimated costs that will be incurred) for Federal agencies
that issue mandates producing direct costs to States and local
governments; and
``(2) changes in laws necessary to achieve reductions in
the level of personnel and administrative overhead and to
achieve programmatic savings for the budget year and the
outyears for those agencies of the following:
``(A) In the first outyear, one-fourth of the
percent of reduction in mandate authority from the
aggregate mandate base.
``(B) In the second outyear, one-third of the
percent of reduction in mandate authority from the
aggregate mandate base.
``(C) In the third, fourth, fifth, and sixth years
following the budget year, one-half of the percent of
reduction in mandate authority from the aggregate
mandate base.
Section 310(c) shall not apply with respect to directions made under
this section.
``(b) Allocation of Totals.--(1) The Committees on the Budget of
the House of Representatives and the Senate shall each allocate
aggregate 2-year mandate authority among each committee of its House
and by major functional category for the first budget year beginning
after the date of enactment of this section and for the second, fourth,
and sixth years following the budget year and then every other year
thereafter.
``(2) As soon as practicable after receiving an allocation under
paragraph (1), each committee shall subdivide its allocation among its
subcommittees or among programs over which it has jurisdiction.
``(c) Point of Order.--(1) It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution, or
amendment thereto, which would cause the appropriate allocation made
under subsection (b) for a fiscal year of mandate authority to be
exceeded.
``(2) Waiver.--The point of order set forth in paragraph (1) may
only be waived by the affirmative vote of at least three-fifths of the
Members voting, a quorum being present.
``(d) Determinations by Budget Committees.--For purposes of this
section, the level of mandate authority for a fiscal year shall be
determined by the Committee on the Budget of the House of
Representatives or the Senate, as the case may be.
``(e) Exceeding Allocation Totals.--Whenever any Committee of the
House of Representatives exceeds its allocation of aggregate 2-year
mandate authority under subsection (b)(1), any Member of the House of
Representatives may offer a bill in the House (which shall be highly
privileged, unamendable, and debateable for 30 minutes) which shall
only prohibit the issuance of mandates by any agency under the
jurisdiction of that committee for the fiscal years covered by that
allocation until that committee eliminates its breach.
``SEC. 324. ANALYSIS OF MANDATES COSTS BY CONGRESSIONAL BUDGET OFFICE.
``CBO shall prepare for each bill or resolution of a public
character reported by any committee of the House of Representatives or
the Senate (except the Committee on Appropriations of each House), and
submit to such committee--
``(1) an estimate of the costs which would be incurred by
States and local governments in carrying out or complying with
such bill or resolution in the fiscal year in which it is to
become effective and in each of the 4 fiscal years following
such fiscal year, together with the basis of each such
estimate; and
``(2) a comparison of the estimate of costs described in
paragraph (1) with any available estimates of costs made by
such committee or by any Federal agency.
``SEC. 325. DEFINITIONS.
``As used in this part:
``(1) The term `CBO' refers to the Director of the
Congressional Budget Office.
``(2) The term `OMB' refers to the Director of the Office
of Management and Budget.
``(3) The term `costs' when referring to `mandates' means
the direct cost to States and local governments of complying
with Federal mandates.
``(4) The term `direct costs' means (recognizing that
direct costs are not the only costs associated with Federal
mandates) all expenditures occurring as a direct result of
complying with Federal mandates, except those applying to the
military or agency organization, management, and personnel.''.
SEC. 3. PRESIDENT'S ANNUAL BUDGET SUBMISSIONS.
Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
``(29) a mandate authority budget analysis of the aggregate
direct cost to States and local governments of complying with
all current and proposed Federal mandates and proposals for
complying with section 323 of the Congressional Budget Act of
1974 for the budget year and the outyears.''
SEC. 4. ESTIMATION AND DISCLOSURE OF COSTS OF FEDERAL MANDATES.
(a) Costs to State and Local Governments.--Chapter 6 of title 5,
United States Code, popularly known as the ``Regulatory Flexibility
Act'', is amended--
(1) by adding at the end of section 603 the following:
``(d) Each initial regulatory flexibility analysis for a proposed
rule that establishes or implements a new Federal mandate shall also
contain a description of the nature and amount of monetary costs that
will be incurred by State and local governments in complying with the
Federal mandate.'';
(2) in section 604(a)--
(A) in paragraph (2) by striking ``and'' after the
semicolon;
(B) in paragraph (3) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) in the case of an analysis for a rule that
establishes or implements a new Federal mandate, a statement of
the nature and amount of monetary costs that will be incurred
by State and local governments in complying with the Federal
mandate.''; and
(3) in section 607 by inserting before the period the
following: ``, except that estimates of monetary costs under
sections 603(d) and 604(a)(4) shall only be in the form of a
numerical description''.
(b) Agency Reports.--Each agency that under chapter 6 of title 5,
United States Code, prepares an initial regulatory flexibility analysis
for a proposed rule that establishes or implements a new Federal
mandate shall at the same time submit to each House of Congress and to
CBO and OMB a cost estimate and cost benefit analysis of any new
Federal mandate that would have an aggregate direct cost to State and
local governments of at least $10,000,000 for any fiscal year. | Federal Mandate Reduction, Reform, and Budget Act of 1993 - Amends the Congressional Budget Act of 1974 to set forth reporting requirements for the Office of Management and Budget and the Congressional Budget Office (CBO) with respect to reducing the direct costs to States and local governments of complying with Federal mandates. Requires concurrent resolutions on the budget to provide for such reductions until such costs do not exceed three percent of the estimated gross national product for the same fiscal year as the costs will be incurred.
Requires CBO to prepare an analysis of mandated costs for States and local governments for each public bill or resolution reported in the Congress (except those from Appropriations Committees). Requires a similar analysis in the President's annual budget submissions.
Requires initial regulatory flexibility analyses for proposed rules that establish or implement new Federal mandates to contain a description of the nature and amount of monetary costs to be incurred by State and local governments. Requires Federal agencies to prepare a cost estimate and cost benefit analysis of such mandates that would cost State and local governments at least $10 million for a fiscal year. | {"src": "billsum_train", "title": "Federal Mandate Reduction, Reform, and Budget Act of 1993"} | 2,679 | 250 | 0.658032 | 1.603194 | 0.79826 | 3.478673 | 11.777251 | 0.890995 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Tribal-State Tax Fairness Act of
2001''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Covered state tax.--The term ``covered State tax''
means a lawfully imposed and nondiscriminatory State or local
excise, sales, or transaction tax that is collected by the
State, levied or imposed on purchases, by nonmembers of a
tribe, of tobacco products or motor fuels from a tribal retail
enterprise.
(2) Indian country.--The term ``Indian country'' means any
land where an Indian tribe may legally assert sovereignty over
a tribal retail enterprise.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(4) Person.--The term ``person'' includes individuals,
corporations, partnerships, associations of persons, State or
local governments, non-Indian retailers affiliated with one or
more Indian tribes, Indian tribes, or Indian tribal
governments.
(5) Petition for enforcement.--The term ``petition for
enforcement'' means a petition submitted to the Secretary by a
Governor of a State which requires action by the Secretary
under section 4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or a designee of the Secretary.
(7) Service.--The term ``Service'' means the Federal
Mediation and Conciliation Service established under section
202 of the National Labor Relations Act (29 U.S.C. 172).
(8) Tribal retail enterprise.--The term ``tribal retail
enterprise'' means a person that has conducted business in
Indian country and at the time that such business was
conducted, was owned or operated (in whole or in part) by one
or more of the following:
(A) An Indian tribe.
(B) A member of an Indian tribe.
(C) A person who is not a member of an Indian tribe
under a management contract with an Indian tribe or a
member of an Indian tribe.
(9) Tribal-state agreement.--The term ``tribal-State
agreement'' means an agreement or compact between a State and
an Indian tribe concerning State taxes on tobacco products,
motor fuels, or both, that is in effect on the date of
enactment of this Act, or was in effect at any time between
January 1, 1990, and the date of enactment of this Act. If
there is more than 1 such agreement or compact, the term
``tribal-State agreement'' means the agreement or compact that
was most recently in effect.
SEC. 3. APPLICABILITY.
(a) In General.--Except to the extent that a tribal-State agreement
provides otherwise, this Act shall not apply to--
(1) that part of any covered State tax for which a State
law specifically exempts, either in whole or in part, the
collection or remittance of such taxes; or
(2) any covered State tax for which, under State or local
law which requires the collection or remittance tax, the legal
incidence of the otherwise applicable State tax falls on a
tribe or its members, thereby subjecting the purchase by a
tribal member from a tribal retail enterprise to a State
excise, sales, or transaction tax.
(b) Prospective Applicability.--This Act shall apply only to
covered State taxes due, or amounts due under tribal-State agreements,
with respect to purchases completed on or after the date of the
enactment of this Act.
SEC. 4. COLLECTION OF COVERED STATE TAXES PURSUANT TO AN ENFORCEMENT
PETITION.
(a) Enforcement Petition by the Governor; Determination of Validity
by the Secretary.--Not later than 60 days after receiving a petition
from the Governor of a State within the exterior borders of which a
tribal retail enterprise is located alleging the non-collection, non-
remittance, or both, of a covered State tax by the tribal retail
enterprise and requesting action under this Act by the Secretary, the
Secretary shall determine, through an investigation, audit or other
method, whether or not the tribal retail enterprise is collecting and
remitting the appropriate amount of covered State tax.
(b) Notice Upon Finding of Validity of Enforcement Petition;
Remittance.--
(1) Notice.--Not later than 60 days after a determination
of the validity of the allegations in an Enforcement Petition,
the Secretary shall notify the tribal retail enterprise that is
the subject of the Enforcement Petition of this determination
and direct the tribal retail enterprise to collect the covered
State tax and remit it to the Secretary pursuant to subsection
(c).
(2) Remittance.--A tribal retail enterprise shall begin
remitting funds to the Secretary on the schedule established in
subsection (c) not later than 60 days after the later of the
following:
(A) The date that the Secretary notifies the tribal
retail enterprise under paragraph (1).
(B) The date that a determination is made as a
result of a mediation under subsection (c)(2)(D).
(c) Timing and Amount of Remittance to Secretary.--
(1) In general.--A tribal retail enterprise shall remit to
the Secretary covered State taxes collected pursuant to
subsection (b) on a monthly basis, by the 15th day following
the month in which the taxes were collected.
(2) Determination of amount to be remitted to secretary.--
(A) Existence of tribal-state agreement.--In the
event a tribal-State agreement exists or existed with
respect to the tribal retail enterprise or Indian tribe
named in a Enforcement Petition, then the amount of
covered State taxes collected and remitted to the
Secretary pursuant to such a Enforcement Petition shall
in no event be more than the amount provided for by the
terms of such tribal-State agreement, even if such
tribal-State agreement is no longer in effect at the
time that the Enforcement Petition was submitted
because the agreement has expired or one of the parties
to the agreement has terminated the agreement.
(B) Absence of tribal-state agreement.--In the
event a tribal-State agreement with respect to the
tribal retail enterprise or Indian tribe named in a
Enforcement Petition did not or does not exist, then
the Secretary shall consult with the Governor of the
State that submitted the Enforcement Petition to
determine the appropriate amount of covered State taxes
that should be remitted to the Secretary under this
subsection based upon relevant State law.
(C) Calculation of amounts to be remitted.--The
Secretary shall collect from the tribal retail
enterprise or Indian tribe named in an Enforcement
Petition all covered State taxes that the Secretary
determines should have been remitted to the appropriate
State since the date of enactment of this Act, unless
the Enforcement Petition specifies a alternative date
after the enactment of this Act.
(D) Mediation.--
(i) In general.--If the parties cannot
agree on the amount required to be remitted
under this subsection, the Secretary shall
contact the Service and request the
establishment of a mediation between the tribal
retail enterprise or the Indian tribe and the
Governor of the State for the purposes of
determining such amount.
(ii) Deadline for completion.--Not later
than 180 days after the initial contact by the
Secretary regarding the mediation, the Service
shall complete such mediation and render its
determination on the appropriate amount to be
remitted to the Secretary.
(iii) Use of determination.--The
determination of the Service shall be used by
the Secretary in establishing the appropriate
amount to be remitted.
(iv) Refusal to cooperate with mediation.--
If a tribal retail enterprise, Indian tribe, or
Governor of a State (or the designee of the
Governor) fails to participate in the mediation
under this subparagraph or fails to cooperate
with the Service regarding the mediation, the
Service may make its determination based upon
information available to the Service.
(d) Termination of Remittances to Secretary.--Remittances of
covered State taxes to the Secretary required under this subsection
shall continue until one of the following occurs:
(1) The Governor of the State submitting the Enforcement
Petition certifies in writing to the Secretary that the
Secretary's involvement is no longer required.
(2) The Governor of the State submitting the Enforcement
Petition and the appropriate Indian tribe enter into a binding
tribal-State agreement covering the collection and remittance
of covered State taxes.
(e) Return of Funds to Appropriate State.--Not later than 30 days
after receiving a covered State tax payment from a tribal retail
enterprise or Indian tribe under subsection (c), the Secretary shall
remit the balance of taxes collected under subsection (c) (after
subtracting administrative expenses subject to subsection (f)) to the
State fund specified to the Secretary by the Governor.
(f) Administrative Expenses.--Prior to remitting funds to the
appropriate State fund under subsection (e), the Secretary shall deduct
from the amount remitted from the tribal retail enterprise pursuant to
subsection (c) an administrative fee that is equal to the lesser of the
following:
(1) The direct cost of administering this Act.
(2) One percent of the amounts remitted pursuant to
subsection (c).
(g) Satisfaction of Obligations.--Amounts remitted to the Secretary
under subsection (c) or paid pursuant to a judgment under section 6
shall be applied by the State to amounts due under the terms of the
tribal-State agreement or the covered State tax obligation of the
relevant tribal retail enterprise.
SEC. 5. MEDIATION OF DISPUTES BETWEEN TRIBES AND STATES UNDER TRIBAL-
STATE AGREEMENTS.
(a) In General.--Not later than 60 days after receiving a request
from the Governor of a State or an Indian tribe for the Secretary to
mediate a dispute between a the Governor of the State and an Indian
tribe regarding compliance with the terms of a tribal-State agreement
in effect on the date of an Enforcement Petition, the Secretary shall
initiate a mediation, or direct the Service to initiate a mediation,
for the Governor of the State and the Indian tribe to resolve the
dispute.
(b) Completion of Mediation.--Not later than 210 days after a
request for mediation is received by the Secretary under subsection
(a), the Secretary shall ensure that the mediation is concluded and
notify the parties to the mediation of the resulting determination by
the Secretary or the Service and urge the adoption of the determination
by such parties.
SEC. 6. ENFORCEMENT.
(a) Notice of Violation--If a tribal retail enterprise fails to
comply with section 4(b)(2), the Secretary shall notify the tribal
retail enterprise of this violation and demand immediate compliance.
(b) Referral of Violation to Department of Justice.--If a tribal
retail enterprise is not in compliance with section 4(b)(2) within 30
days of the notification under subsection (a), the Secretary shall
refer the matter within 15 days to the Department of Justice.
(c) Commencement of Civil Enforcement Action.--
(1) In general.--Not later than 60 days after a referral
under subsection (b), the Department of Justice shall initiate
a civil enforcement action in Federal district court against
the tribal retail enterprise that is the subject of the
referral.
(2) Tribal-owned retail enterprise.--If the tribal retail
enterprise named in such a civil enforcement action is owned or
operated by an Indian tribe, then the civil action shall
include requests for injunctive relief against the tribal
retail enterprise and for the payment to the Secretary of all
covered State taxes, as determined under section 4 (and
interest as permitted by the State law of State regarding which
the Enforcement Petition was submitted) owed by the tribal
retail enterprise from the date of the enactment of this Act.
(3) Tribal member-owned retail enterprise.--If the tribal
retail enterprise named in such a civil enforcement action is
owned or operated by a member of an Indian tribe, then the
civil action shall include requests for injunctive relief and
civil penalties in the amount of 3 times the covered State
taxes, as determined under section 4, (and interest as
permitted by the State law of the State regarding which the
Enforcement Petition was submitted) owed by the tribal retail
enterprise from the date of enactment of this Act.
(d) Posting of Bond During Appeal.--If the tribal retail enterprise
appeals the decision of the Federal district court in an action
pursuant to subsection (c), then the tribal retail enterprise shall
post a bond for the amount of the covered State taxes and interest that
was the subject of the action until a final determination has been made
in the action.
SEC. 7. JUDICIAL REVIEW.
The Governor of a State that has filed an enforcement petition, or
a tribal retail enterprise that has been named in such an enforcement
petition, may challenge the Secretary's conclusions under Section 4 by
commencing an action in Federal district court. If the challenge is not
sustained by the court, the challenging State or tribal retail
enterprise shall be liable to the Secretary for attorney's fees and
court costs.
SEC. 8. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall promulgate regulations providing for the
implementation and enforcement of this Act.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act, regardless of whether regulations have been issued under
section 7. | Tribal-State Tax Fairness Act of 2001 - Directs the Secretary of the Interior, within 60 days after receiving a petition from the government of a State within which a tribal retail enterprise is located alleging the non-collection, non-remittance, or both, of a covered State tax (a tax imposed on the purchase of tobacco products or motor fuel) by such enterprise: (1) to determine whether the enterprise is properly collecting and remitting such State tax; and (2) if it is not, to notify and direct the tribal enterprise to collect such tax and remit it to the Secretary on a monthly basis. Provides for the determination of the amount to be so remitted (which differs depending on the existence or absence of a tribal-State agreement).Requires the Secretary to return remitted amounts to the State within 30 days.Provides for the mediation of disputes between tribes and States under tribal-State agreements, with enforcement provisions. Provides for judicial review of determinations made by the Secretary. | {"src": "billsum_train", "title": "To provide for the payment of State taxes and local taxes collected by the State on the sale of cigarettes and motor fuel by a tribal retail enterprise to persons that are not members of the tribe, and for other purposes."} | 3,029 | 230 | 0.566209 | 1.469284 | 0.757204 | 3.806283 | 14.350785 | 0.947644 |
TITLE I--MIGRATORY BIRD TREATY REFORM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Migratory Bird Treaty Reform Act
of 1998''.
SEC. 102. ELIMINATING STRICT LIABILITY FOR BAITING.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended--
(1) by inserting ``(a)'' after ``Sec. 3.''; and
(2) by adding at the end the following:
``(b) It shall be unlawful for any person to--
``(1) take any migratory game bird by the aid of baiting, or on
or over any baited area, if the person knows or reasonably should
know that the area is a baited area; or
``(2) place or direct the placement of bait on or adjacent to
an area for the purpose of causing, inducing, or allowing any
person to take or attempt to take any migratory game bird by the
aid of baiting on or over the baited area.''.
SEC. 103. CRIMINAL PENALTIES.
Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) is
amended--
(1) in subsection (a), by striking ``$500'' and inserting
``$15,000'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Whoever violates section 3(b)(2) shall be fined under title
18, United States Code, imprisoned not more than 1 year, or both.''.
SEC. 104. REPORT.
Not later than 5 years after the date of enactment of this Act, the
Secretary of the Interior shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Resources of the
House of Representatives a report analyzing the effect of the
amendments made by section 2, and the general practice of baiting, on
migratory bird conservation and law enforcement efforts under the
Migratory Bird Treaty Act (16 U.S.C. 701 et seq.).
TITLE II--NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Wildlife Refuge System
Improvement Act of 1998''.
SEC. 202. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH REFUGE.
(a) In General.--In accordance with section 4(a)(5) of the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(a)(5)), there are transferred to the Corps of Engineers, without
reimbursement, approximately 37.36 acres of land of the Upper
Mississippi River Wildlife and Fish Refuge in the State of Minnesota,
as designated on the map entitled ``Upper Mississippi National Wildlife
and Fish Refuge lands transferred to Corps of Engineers'', dated
January 1998, and available, with accompanying legal descriptions of
the land, for inspection in appropriate offices of the United States
Fish and Wildlife Service.
(b) Conforming Amendments.--The first section and section 2 of the
Upper Mississippi River Wild Life and Fish Refuge Act (16 U.S.C. 721,
722) are amended by striking ``Upper Mississippi River Wild Life and
Fish Refuge'' each place it appears and inserting ``Upper Mississippi
River National Wildlife and Fish Refuge''.
SEC. 203. KILLCOHOOK COORDINATION AREA.
(a) In General.--In accordance with section 4(a)(5) of the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife
Service over approximately 1,439.26 acres of land in the States of New
Jersey and Delaware, known as the ``Killcohook Coordination Area'', as
established by Executive Order No. 6582, issued February 3, 1934, and
Executive Order No. 8648, issued January 23, 1941, is terminated.
(b) Executive Orders.--Executive Order No. 6582, issued February 3,
1934, and Executive Order No. 8648, issued January 23, 1941, are
revoked.
SEC. 204. LAKE ELSIE NATIONAL WILDLIFE REFUGE.
(a) In General.--In accordance with section 4(a)(5) of the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(a)(5)), the jurisdiction of the United States Fish and Wildlife
Service over approximately 634.7 acres of land and water in Richland
County, North Dakota, known as the ``Lake Elsie National Wildlife
Refuge'', as established by Executive Order No. 8152, issued June 12,
1939, is terminated.
(b) Executive Order.--Executive Order No. 8152, issued June 12,
1939, is revoked.
SEC. 205. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.
Section 28 of the Act of August 13, 1954 (25 U.S.C. 564w-1), is
amended in subsections (f) and (g) by striking ``Klamath Forest
National Wildlife Refuge'' each place it appears and inserting
``Klamath Marsh National Wildlife Refuge''.
SEC. 206. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION
ACT.
Section 4 of the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd) is amended--
(1) in the first sentence of subsection (c), by striking
``knowingly''; and
(2) in subsection (f)--
(A) by striking ``(f) Any'' and inserting the following:
``(f) Penalties.--
``(1) Knowing violations.--Any'';
(B) by inserting ``knowingly'' after ``who''; and
(C) by adding at the end the following:
``(2) Other violations.--Any person who otherwise violates or
fails to comply with any of the provisions of this Act (including a
regulation issued under this Act) shall be fined under title 18,
United States Code, or imprisoned not more than 180 days, or
both.''.
TITLE III--WETLANDS AND WILDLIFE ENHANCEMENT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Wetlands and Wildlife Enhancement
Act of 1998''.
SEC. 302. REAUTHORIZATION OF NORTH AMERICAN WETLANDS CONSERVATION ACT.
Section 7(c) of the North American Wetlands Conservation Act (16
U.S.C. 4406(c)) is amended by striking ``not to exceed'' and all that
follows and inserting ``not to exceed $30,000,000 for each of fiscal
years 1999 through 2003.''.
SEC. 303. REAUTHORIZATION OF PARTNERSHIPS FOR WILDLIFE ACT.
Section 7105(h) of the Partnerships for Wildlife Act (16 U.S.C.
3744(h)) is amended by striking ``for each of fiscal years'' and all
that follows and inserting ``not to exceed $6,250,000 for each of
fiscal years 1999 through 2003.''.
SEC. 304. MEMBERSHIP OF THE NORTH AMERICAN WETLANDS CONSERVATION
COUNCIL.
(a) In General.--Notwithstanding section 4(a)(1)(D) of the North
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(D)), during
the period of 1999 through 2002, the membership of the North American
Wetlands Conservation Council under section 4(a)(1)(D) of that Act
shall consist of--
(1) 1 individual who shall be the Group Manager for
Conservation Programs of Ducks Unlimited, Inc. and who shall serve
for 1 term of 3 years beginning in 1999; and
(2) 2 individuals who shall be appointed by the Secretary of
the Interior in accordance with section 4 of that Act and who shall
each represent a different organization described in section
4(a)(1)(D) of that Act.
(b) Publication of Policy.--Not later than June 30, 1999, the
Secretary of the Interior shall publish in the Federal Register, after
notice and opportunity for public comment, a policy for making
appointments under section 4(a)(1)(D) of the North American Wetlands
Conservation Act (16 U.S.C. 4403(a)(1)(D)).
TITLE IV--RHINOCEROS AND TIGER CONSERVATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Rhinoceros and Tiger Conservation
Act of 1998''.
SEC. 402. FINDINGS.
Congress finds that--
(1) the populations of all but 1 species of rhinoceros, and the
tiger, have significantly declined in recent years and continue to
decline;
(2) these species of rhinoceros and tiger are listed as
endangered species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) and listed on Appendix I of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora,
signed on March 3, 1973 (27 UST 1087; TIAS 8249) (referred to in
this title as ``CITES'');
(3) the Parties to CITES have adopted several resolutions--
(A) relating to the conservation of tigers (Conf. 9.13
(Rev.)) and rhinoceroses (Conf. 9.14), urging Parties to CITES
to implement legislation to reduce illegal trade in parts and
products of the species; and
(B) relating to trade in readily recognizable parts and
products of the species (Conf. 9.6), and trade in traditional
medicines (Conf. 10.19), recommending that Parties ensure that
their legislation controls trade in those parts and
derivatives, and in medicines purporting to contain them;
(4) a primary cause of the decline in the populations of tiger
and most rhinoceros species is the poaching of the species for use
of their parts and products in traditional medicines;
(5) there are insufficient legal mechanisms enabling the United
States Fish and Wildlife Service to interdict products that are
labeled or advertised as containing substances derived from
rhinoceros or tiger species and prosecute the merchandisers for
sale or display of those products; and
(6) legislation is required to ensure that--
(A) products containing, or labeled or advertised as
containing, rhinoceros parts or tiger parts are prohibited from
importation into, or exportation from, the United States; and
(B) efforts are made to educate persons regarding
alternatives for traditional medicine products, the illegality
of products containing, or labeled or advertised as containing,
rhinoceros parts and tiger parts, and the need to conserve
rhinoceros and tiger species generally.
SEC. 403. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF
1994.
Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5302) is amended by adding at the end the following:
``(3) To prohibit the sale, importation, and exportation of
products intended for human consumption or application containing,
or labeled or advertised as containing, any substance derived from
any species of rhinoceros or tiger.''.
SEC. 404. DEFINITION OF PERSON.
Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5303) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) `person' means--
``(A) an individual, corporation, partnership, trust,
association, or other private entity;
``(B) an officer, employee, agent, department, or
instrumentality of--
``(i) the Federal Government;
``(ii) any State, municipality, or political
subdivision of a State; or
``(iii) any foreign government;
``(C) a State, municipality, or political subdivision of a
State; or
``(D) any other entity subject to the jurisdiction of the
United States.''.
SEC. 405. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS
LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.
The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.) is amended--
(1) by redesignating section 7 as section 9; and
(2) by inserting after section 6 the following:
``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS
LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.
``(a) Prohibition.--A person shall not sell, import, or export, or
attempt to sell, import, or export, any product, item, or substance
intended for human consumption or application containing, or labeled or
advertised as containing, any substance derived from any species of
rhinoceros or tiger.
``(b) Penalties.--
``(1) Criminal penalty.--A person engaged in business as an
importer, exporter, or distributor that knowingly violates
subsection (a) shall be fined under title 18, United States Code,
imprisoned not more than 6 months, or both.
``(2) Civil penalties.--
``(A) In general.--A person that knowingly violates
subsection (a), and a person engaged in business as an
importer, exporter, or distributor that violates subsection
(a), may be assessed a civil penalty by the Secretary of not
more than $12,000 for each violation.
``(B) Manner of assessment and collection.--A civil penalty
under this paragraph shall be assessed, and may be collected,
in the manner in which a civil penalty under the Endangered
Species Act of 1973 may be assessed and collected under section
11(a) of that Act (16 U.S.C. 1540(a)).
``(c) Products, Items, and Substances.--Any product, item, or
substance sold, imported, or exported, or attempted to be sold,
imported, or exported, in violation of this section or any regulation
issued under this section shall be subject to seizure and forfeiture to
the United States.
``(d) Regulations.--After consultation with the Secretary of the
Treasury, the Secretary of Health and Human Services, and the United
States Trade Representative, the Secretary shall issue such regulations
as are appropriate to carry out this section.
``(e) Enforcement.--The Secretary, the Secretary of the Treasury,
and the Secretary of the department in which the Coast Guard is
operating shall enforce this section in the manner in which the
Secretaries carry out enforcement activities under section 11(e) of the
Endangered Species Act of 1973 (16 U.S.C. 1540(e)).
``(f) Use of Penalty Amounts.--Amounts received as penalties,
fines, or forfeiture of property under this section shall be used in
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).''.
SEC. 406. EDUCATIONAL OUTREACH PROGRAM.
The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.) (as amended by section 405) is amended by inserting after
section 7 the following:
``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall develop and implement an
educational outreach program in the United States for the conservation
of rhinoceros and tiger species.
``(b) Guidelines.--The Secretary shall publish in the Federal
Register guidelines for the program.
``(c) Contents.--Under the program, the Secretary shall publish and
disseminate information regarding--
``(1) laws protecting rhinoceros and tiger species, in
particular laws prohibiting trade in products containing, or
labeled or advertised as containing, their parts;
``(2) use of traditional medicines that contain parts or
products of rhinoceros and tiger species, health risks associated
with their use, and available alternatives to the medicines; and
``(3) the status of rhinoceros and tiger species and the
reasons for protecting the species.''.
SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5306) (as redesignated by section 405(1)) is amended by striking
``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through
2002''.
TITLE V--CHESAPEAKE BAY INITIATIVE
SEC. 501. SHORT TITLE.
This title may be cited as the ``Chesapeake Bay Initiative Act of
1998''.
SEC. 502. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS.
(a) Chesapeake Bay Gateways and Watertrails Network.--
(1) In general.--The Secretary of the Interior (referred to in
this section as the ``Secretary''), in cooperation with the
Administrator of the Environmental Protection Agency (referred to
in this section as the ``Administrator''), shall provide technical
and financial assistance, in cooperation with other Federal
agencies, State and local governments, nonprofit organizations, and
the private sector--
(A) to identify, conserve, restore, and interpret natural,
recreational, historical, and cultural resources within the
Chesapeake Bay Watershed;
(B) to identify and utilize the collective resources as
Chesapeake Bay Gateways sites for enhancing public education of
and access to the Chesapeake Bay;
(C) to link the Chesapeake Bay Gateways sites with trails,
tour roads, scenic byways, and other connections as determined
by the Secretary;
(D) to develop and establish Chesapeake Bay Watertrails
comprising water routes and connections to Chesapeake Bay
Gateways sites and other land resources within the Chesapeake
Bay Watershed; and
(E) to create a network of Chesapeake Bay Gateways sites
and Chesapeake Bay Watertrails.
(2) Components.--Components of the Chesapeake Bay Gateways and
Watertrails Network may include--
(A) State or Federal parks or refuges;
(B) historic seaports;
(C) archaeological, cultural, historical, or recreational
sites; or
(D) other public access and interpretive sites as selected
by the Secretary.
(b) Chesapeake Bay Gateways Grants Assistance Program.--
(1) In general.--The Secretary, in cooperation with the
Administrator, shall establish a Chesapeake Bay Gateways Grants
Assistance Program to aid State and local governments, local
communities, nonprofit organizations, and the private sector in
conserving, restoring, and interpreting important historic,
cultural, recreational, and natural resources within the Chesapeake
Bay Watershed.
(2) Criteria.--The Secretary, in cooperation with the
Administrator, shall develop appropriate eligibility,
prioritization, and review criteria for grants under this section.
(3) Matching funds and administrative expenses.--A grant under
this section--
(A) shall not exceed 50 percent of eligible project costs;
(B) shall be made on the condition that non-Federal
sources, including in-kind contributions of services or
materials, provide the remainder of eligible project costs; and
(C) shall be made on the condition that not more than 10
percent of all eligible project costs be used for
administrative expenses.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 1999 through 2003.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Migratory Bird Treaty Reform
Title II: National Wildlife Refuge System Improvement
Title III: Wetlands and Wildlife Enhancement
Title IV: Rhinoceros and Tiger Conservation
Title V: Chesapeake Bay Initiative
Title I: Migratory Bird Treaty Reform
- Migratory Bird Treaty Reform Act of 1998 - Amends the Migratory Bird Treaty Act to make it unlawful for persons to: (1) take migratory birds by the aid of baiting, or on or over any baited area, if such persons know or should know that the area is a baited area; or (2) place or direct the placement of bait on or adjacent to an area for purposes of causing, inducing, or allowing any person to take or attempt to take any migratory bird by the aid of baiting on or over the baited area.
Increases penalties for violations of the Act.
Requires the Secretary of the Interior to report to specified congressional committees on the effect of the amendments regarding baiting made by this Act and the general practice of baiting on migratory bird conservation and law enforcement efforts under the Act.
Title II: National Wildlife Refuge System Improvement
- National Wildlife Refuge System Improvement Act of 1998 - Transfers to the Corps of Engineers, without reimbursement, certain land of the Upper Mississippi River Wildlife and Fish Refuge in Minnesota.
Terminates the jurisdiction of the U.S. Fish and Wildlife Service over: (1) the Killcohook Coordination Area in New Jersey and Delaware; and (2) Lake Elsie National Wildlife Refuge in Richland County, North Dakota. Revokes Executive Orders 6582, 8648, and 8152.
Renames the Klamath Forest National Wildlife Refuge as the Klamath Marsh National Wildlife Refuge.
Amends the National Wildlife Refuge System Administration Act of 1996 to specify the periods of imprisonment for knowing violations of the Act (not more than one year) and for other violations (not more than 180 days).
Title III: Wetlands and Wildlife Enhancement
- Wetlands and Wildlife Enhancement Act of 1998 - Amends the North American Wetlands Conservation Act and the Partnerships for Wildlife Act to extend the authorization of appropriations to carry out such Acts through FY 2003.
(Sec. 4) Revises the composition of the North American Wetlands Conservation Council during FY 1999 through 2002 to include: (1) the Group Manager for Conservation Programs of Ducks Unlimited, Inc.; and (2) two (currently, three) individuals appointed by the Secretary of the Interior (Secretary) who represent charitable and nonprofit organizations participating in wetlands conservation projects.
Requires the Secretary to publish a policy in the Federal Register for making appointments to the Council from such organizations.
Title IV: Rhinoceros and Tiger Conservation
- Rhinoceros and Tiger Conservation Act of 1998 - Amends the Rhinoceros and Tiger Conservation Act of 1994 (the Act) to prohibit the sale, import, or export, or the attempted sale, import, or export, of any product, item, or substance (product) intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. Sets forth provisions regarding: (1) criminal and civil penalties, including seizure and forfeiture of such products; (2) enforcement activities; and (3) use of penalty amounts.
(Sec. 406) Directs the Secretary to develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species.
(Sec. 407) Authorizes appropriations.
Title V: Chesapeake Bay Initiative
- Chesapeake Bay Initiative Act of 1998 - Directs the Secretary of the Interior to provide technical and financial assistance to: (1) identify, conserve, restore, and interpret natural, recreational, historical, and cultural resources within the Chesapeake Bay Watershed; (2) identify and utilize the collective resources as Chesapeake Bay Gateways sites for enhancing public education of and access to the Bay; (3) link the Gateways sites with trails, tour roads, scenic byways, and other connections as determined by the Secretary; (4) develop and establish Bay Watertrails comprising water routes and connections to Gateways sites and other land resources within the Watershed; and (5) create a network of Bay Gateways sites and Watertrails.
Directs the Secretary to establish a Chesapeake Bay Gateways Grants Assistance Program. Sets forth provisions regarding grant eligibility, prioritization, and review criteria and matching funds. Authorizes appropriations. | {"src": "billsum_train", "title": "Migratory Bird Treaty Reform Act of 1998"} | 4,685 | 1,009 | 0.660994 | 2.148068 | 0.598305 | 4.170139 | 4.440972 | 0.908565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Policy Improvement Act of
2001''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Vessel COASTAL VENTURE.
Sec. 4. Expansion of American Merchant Marine Memorial Wall of Honor.
Sec. 5. Discharge of agricultural cargo residue.
Sec. 6. Recording and discharging maritime liens.
Sec. 7. Tonnage of R/V DAVIDSON.
Sec. 8. Miscellaneous certificates of documentation.
Sec. 9. Exemption for Victory Ships.
Sec. 10. Certificate of documentation for 3 barges.
Sec. 11. Certificate of documentation for the EAGLE.
Sec. 12. Waiver for vessels in New World Challenge Race.
Sec. 13. Vessel ASPHALT COMMANDER.
SEC. 3. VESSEL COASTAL VENTURE.
Section 1120(g) of the Coast Guard Authorization Act of 1996
(Public Law 104-324; 110 Stat. 3978) is amended by inserting ``COASTAL
VENTURE (United States official number 971086),'' after ``vessels''.
SEC. 4. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL WALL OF HONOR.
(a) Findings.--The Congress finds that--
(1) the United States Merchant Marine has served the people
of the United States in all wars since 1775;
(2) the United States Merchant Marine served as the
Nation's first navy and defeated the British Navy to help gain
the Nation's independence;
(3) the United States Merchant Marine kept the lifeline of
freedom open to the allies of the United States during the
Second World War, making one of the most significant
contributions made by any nation to the victory of the allies
in that war;
(4) President Franklin D. Roosevelt and many military
leaders praised the role of the United States Merchant Marine
as the ``Fourth Arm of Defense'' during the Second World War;
(5) more than 250,000 men and women served in the United
States Merchant Marine during the Second World War;
(6) during the Second World War, members of the United
States Merchant Marine faced dangers from the elements and from
submarines, mines, armed raiders, destroyers, aircraft, and
``kamikaze'' pilots;
(7) during the Second World War, at least 6,830 members of
the United States Merchant Marine were killed at sea;
(8) during the Second World War, 11,000 members of the
United States Merchant Marine were wounded, at least 1,100 of
whom later died from their wounds;
(9) during the Second World War, 604 members of the United
States Merchant Marine were taken prisoner;
(10) 1 in 32 members of the United States Merchant Marine
serving in the Second World War died in the line of duty,
suffering a higher percentage of war-related deaths than any of
the other armed services of the United States; and
(11) the United States Merchant Marine continues to serve
the United States, promoting freedom and meeting the high
ideals of its former members.
(b) Grants To Construct Addition to American Merchant Marine
Memorial Wall of Honor.--
(1) In general.--The Secretary of Transportation may make
grants to the American Merchant Marine Veterans Memorial
Committee, Inc., to construct an addition to the American
Merchant Marine Memorial Wall of Honor located at the Los
Angeles Maritime Museum in San Pedro, California.
(2) Federal share.--The Federal share of the cost of
activities carried out with a grant made under this section
shall be 50 percent.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $500,000 for
fiscal year 2002.
SEC. 5. DISCHARGE OF AGRICULTURAL CARGO RESIDUE.
Notwithstanding any other provision of law, the discharge from a
vessel of any agricultural cargo residue material in the form of hold
washings shall be governed exclusively by the provisions of the Act to
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) that implement
Annex V to the International Convention for the Prevention of Pollution
from Ships.
SEC. 6. RECORDING AND DISCHARGING MARITIME LIENS.
(a) Liens on Any Documented Vessel.--
(1) In general.--Section 31343 of title 46, United States
Code, is amended as follows:
(A) By amending the section heading to read as
follows:
``Sec. 31343. Recording and discharging liens''.
(B) In subsection (a) by striking ``covered by a
preferred mortgage filed or recorded under this
chapter'' and inserting ``documented, or for which an
application for documentation has been filed, under
chapter 121''.
(C) By amending subsection (b) to read as follows:
``(b)(1) The Secretary shall record a notice complying with
subsection (a) of this section if, when the notice is presented to the
Secretary for recording, the person having the claim files with the
notice a declaration stating the following:
``(A) The information in the notice is true and correct to
the best of the knowledge, information, and belief of the
individual who signed it.
``(B) A copy of the notice, as presented for recordation,
has been sent to each of the following:
``(i) The owner of the vessel.
``(ii) Each person that recorded under section
31343(a) of this title an unexpired notice of a claim
of an undischarged lien on the vessel.
``(iii) The mortgagee of each mortgage filed or
recorded under section 31321 of this title that is an
undischarged mortgage on the vessel.
``(2) A declaration under this subsection filed by a person that is
not an individual must be signed by the president, member, partner,
trustee, or other official authorized to execute the declaration on
behalf of the person.''.
(D) By amending subsection (c) to read as follows:
``(c)(1) On full and final discharge of the indebtedness that is
the basis for a notice of claim of lien recorded under subsection (b)
of this section, the person having the claim shall provide the
Secretary with an acknowledged certificate of discharge of the
indebtedness. The Secretary shall record the certificate.
``(2) The district courts of the United States shall have
jurisdiction over a civil action to declare that a vessel is not
subject to a lien claimed under subsection (b) of this section, or that
the vessel is not subject to the notice of claim of lien, or both,
regardless of the amount in controversy or the citizenship of the
parties. Venue in such an action shall be in the district where the
vessel is found, or where the claimant resides, or where the notice of
claim of lien is recorded. The court may award costs and attorneys fees
to the prevailing party, unless the court finds that the position of
the other party was substantially justified or other circumstances make
an award of costs and attorneys fees unjust.''.
(E) By adding at the end the following:
``(e) A notice of claim of lien recorded under subsection (b) of
this section shall expire 3 years after the date specified in the
notice under subsection (b) of this section.
``(f) This section does not alter in any respect the law pertaining
to the establishment of a maritime lien, the remedy provided by such a
lien, or the defenses thereto, including any defense under the doctrine
of laches.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 313 of title 46, United States Code, is
amended by striking the item relating to section 31343 and
inserting the following:
``31343. Recording and discharging liens.''.
(b) Notice Requirements.--Section 31325 of title 46, United States
Code, is amended as follows:
(1) In subsection (d)(1)(B) by striking ``a notice of a
claim'' and inserting ``an unexpired notice of a claim''.
(2) In subsection (f)(1) by striking ``a notice of a
claim'' and inserting ``an unexpired notice of a claim''.
(c) Approval of Surrender of Documentation.--Section 12111 of title
46, United States Code, is amended by adding at the end the following:
``(d)(1) The Secretary shall not refuse to approve the surrender of
the certificate of documentation for a vessel solely on the basis that
a notice of a claim of a lien on the vessel has been recorded under
section 31343(a) of this title.
``(2) The Secretary may condition approval of the surrender of the
certificate of documentation for a vessel over 1,000 gross tons.''.
(d) Technical Correction.--Section 9(c) of the Shipping Act, 1916
(46 U.S.C. App. 808(c)) is amended in the matter preceding paragraph
(1) by striking ``Except'' and all that follows ``12106(e) of title
46,'' and inserting ``Except as provided in section 611 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1181) and in sections 12106(e) and
31322(a)(1)(D) of title 46,''.
(e) Effective Date.--This section shall take effect July 1, 2002.
SEC. 7. TONNAGE OF R/V DAVIDSON.
(a) In General.--The Secretary of Transportation shall prescribe a
tonnage measurement as a small passenger vessel as defined in section
2101 of title 46, United States Code, for the vessel R/V DAVIDSON
(United States official number D1066485) for purposes of applying the
optional regulatory measurement under section 14305 of that title.
(b) Application.--Subsection (a) shall apply only when the vessel
is operating in compliance with the requirements of section 3301(8) of
title 46, United States Code.
SEC. 8. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
U.S.C. App. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81,
chapter 421; 46 U.S.C. App. 289), and sections 12106 and 12108 of title
46, United States Code, the Secretary of Transportation may issue a
certificate of documentation with appropriate endorsement for
employment in the coastwise trade for the following vessels:
(1) LOOKING GLASS (United States official number 925735).
(2) YANKEE (United States official number 1076210).
(3) LUCKY DOG of St. Petersburg, Florida (State of Florida
registration number FLZP7569E373).
(4) ENTERPRIZE (United States official number 1077571).
(5) M/V SANDPIPER (United States official number 1079439).
(6) FRITHA (United States official number 1085943).
(7) PUFFIN (United States official number 697029).
(8) VICTORY OF BURNHAM (United States official number
663780).
(9) R'ADVENTURE II (United States official number 905373).
(10) ANTJA (State of Florida registration number FL3475MA).
(11) SKIMMER, manufactured by Contour Yachts, Inc. (hull
identification number QHG34031D001).
(12) TOKEENA (State of South Carolina registration number
SC 1602 BJ).
(13) DOUBLE EAGLE2 (United States official number 1042549).
(14) ENCOUNTER (United States official number 998174).
(15) AJ (United States official number 599164).
(16) BARGE 10 (United States official number 1101368).
(17) NOT A SHOT (United States official number 911064).
(18) PRIDE OF MANY (Canadian official number 811529).
(19) AMAZING GRACE (United States official number 92769).
(20) SHEWHO (United States official number 1104094).
SEC. 9. EXEMPTION FOR VICTORY SHIPS.
Section 3302(l)(1) of title 46, United States Code, is amended by
adding at the end the following:
``(D) The steamship SS Red Oak Victory (United States
official number 249410), owned by the Richmond Museum
Association, located in Richmond, California.
``(E) The SS American Victory (United States official
number 248005), owned by Victory Ship, Inc., of Tampa,
Florida.''.
SEC. 10. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES.
(a) Documentation Certificate.--Notwithstanding section 12106 of
title 46, United States Code, and section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), and subject to subsection (c) of this
section, the Secretary of Transportation may issue a certificate of
documentation with an appropriate endorsement for employment in the
coastwise trade for each of the vessels listed in subsection (b).
(b) Vessels Described.--The vessels referred to in subsection (a)
are the following:
(1) The former Navy deck barge JIM, having a length of 110
feet and a width of 34 feet.
(2) The former railroad car barge HUGH, having a length of
185 feet and a width of 34 feet.
(3) The former railroad car barge TOMMY, having a length of
185 feet and a width of 34 feet.
(c) Limitation on Operation.--A vessel issued a certificate of
documentation under this section may be used only as a floating
platform for launching fireworks, including transportation of materials
associated with that use.
SEC. 11. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
U.S.C. App. 883), chapter 121 of title 46, United States Code, and
section 1 of the Act of May 28, 1906 (46 U.S.C. App. 292), the
Secretary of Transportation shall issue a certificate of documentation
with appropriate endorsement for employment in the coastwise trade for
the vessel EAGLE (hull number BK--1754, United States official number
1091389) if the vessel is--
(1) owned by a State, a political subdivision of a State,
or a public authority chartered by a State;
(2) if chartered, chartered to a State, a political
subdivision of a State, or a public authority chartered by a
State;
(3) operated only in conjunction with--
(A) scour jet operations; or
(B) dredging services adjacent to facilities owned
by the State, political subdivision, or public
authority; and
(4) externally identified clearly as a vessel of that
State, subdivision or authority.
SEC. 12. WAIVER FOR VESSELS IN NEW WORLD CHALLENGE RACE.
Notwithstanding section 8 of the Act of June 19, 1886 (46 App.
U.S.C. 289), beginning on April 1, 2002, the 10 sailboats participating
in the New World Challenge Race may transport guests, who have not
contributed consideration for their passage, from and around the ports
of San Francisco and San Diego, California, before and during stops of
that race. This section shall have no force or effect beginning on the
earlier of--
(1) 60 days after the last competing sailboat reaches the
end of that race in San Francisco, California; or
(2) December 31, 2003.
SEC. 13. VESSEL ASPHALT COMMANDER.
Notwithstanding any other law or agreement with the United States
Government, the vessel ASPHALT COMMANDER (United States official number
663105) may be transferred to or placed under a foreign registry or
sold to a person that is not a citizen of the United States and
transferred to or placed under a foreign registry. | Maritime Policy Improvement Act of 2001 - Amends the Coast Guard Authorization Act of 1996 to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade to a specified vessel.(Sec. 4) Authorizes the Secretary of Transportation to make grants to the American Merchant Marine Veterans Memorial Committee, Inc., to construct an addition to the American Merchant Marine Memorial Wall of Honor located at the Los Angeles Maritime Museum in San Pedro, California. Authorizes appropriations.(Sec. 5) States that the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of the Act to Prevent Pollution from Ships that implement Annex V to the International Convention for the Prevention of Pollution from Ships.(Sec. 6) Revises the method for recording and discharging certain maritime liens.(Sec. 7) Directs the Secretary of Transportation to prescribe a tonnage measurement as a small passenger vessel for a named vessel for purposes of applying the optional regulatory measurement.(Sec. 8) Authorizes the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade to twenty specified vessels.(Sec. 9) Authorizes exempting two specified vessels from certain inspection requirements for passenger vessels so long as the vessels are owned by nonprofit organizations and operated as nonprofit memorials to merchant mariners.(Sec. 10) Authorizes the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade to three specified vessels.(Sec. 11) Authorizes the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade to a specified vessel, under specified circumstances.(Sec. 12) Permits, for a limited period of time, the 10 sailboats participating in the New World Challenge Race to transport guests, who have not contributed consideration for their passage, from and around the ports of San Francisco and San Diego, California, before and during stops of that race.(Sec. 13) Permits a specified vessel to be transferred to or placed under a foreign registry or sold to a person that is not a U.S. citizen and transferred to or placed under a foreign registry. | {"src": "billsum_train", "title": "To improve the recording and discharging of maritime liens and expand the American Merchant Marine Memorial Wall of Honor, and for other purposes."} | 3,624 | 519 | 0.547188 | 1.86353 | 0.589422 | 5.699495 | 8.073232 | 0.896465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bed Bug Management, Prevention, and
Research Act''.
SEC. 2. ESTABLISHMENT OF RESEARCH PROGRAM TO CONTROL AND ERADICATE BED
BUGS.
(a) Bed Bug Research Program.--Section 1672 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925) is
amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (h) the following new
subsection:
``(j) Bed Bug Control.--
``(1) Authorization and use of grants.--The Secretary, in
consultation with the task force appointed under paragraph (2),
shall award grants under this subsection for only for the
following purposes:
``(A) Developing more efficacious chemicals and
chemical methods of detecting, preventing, and managing
bed bugs.
``(B) Identifying or discovering affordable and
effective methods of managing bed bugs, including basic
and applied biology and demonstration research
projects.
``(2) Task force.--
``(A) Establishment.--Pursuant to subsection
(b)(2)(C), the Secretary shall, not later than 90 days
after the date of the enactment of the Bed Bug
Management, Prevention, and Research Act, appoint a bed
bug task force (referred to in this subsection as the
`task force') to assist the Secretary in awarding
grants under this section.
``(B) Composition.--The task force shall be
composed of members or representatives of the
following:
``(i) The pest management industry.
``(ii) The hospitality industry (including
hotels, motels, and other forms of lodging or
accommodation).
``(iii) The multi-family housing management
industry.
``(iv) Public health organizations.
``(v) Any other group or industry the
Secretary determines is significantly impacted
by bed bugs.
``(3) Initial grants.--
``(A) Requests for proposals.--The Secretary shall,
not later than 180 days after the date of the enactment
of the Bed Bug Management, Prevention, and Research Act
and in consultation with the task force, publish a
request for grant proposals for research projects for
the purposes described in paragraph (1).
``(B) Award of grants.--Not later than 180 days
after the date of such publication, the Secretary
shall--
``(i) evaluate such proposals in
consultation with the task force; and
``(ii) award grants to entities that
submitted grant proposals for research projects
the Secretary determines are meritorious for
the purposes described in paragraph (1).
``(C) Notification requirement.--The Secretary
shall notify the task force of any award made under
subparagraph (B) not later than 30 days after awarding
such grant.
``(4) Subsequent grants.--
``(A) Evaluation of initial grants.--The Secretary
shall, in consultation with the task force, evaluate
each research project conducted under any grant awarded
under paragraph (3)(B).
``(B) Award of grants.--The Secretary shall, in
consultation with the task force, award grants to fund
additional research projects that the Secretary
determines to be promising or necessary based on the
evaluation conducted under subparagraph (A).
``(C) Notification requirement.--The Secretary
shall notify the task force of any award made under
subparagraph (B) not later than 30 days after awarding
such grant.
``(5) Consultation and coordination.--To expedite the
approval or registration under section 3, section 18, or
section 24 of the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136a, 136p, and 136v) of the methods
identified or discovered through research projects funded under
this section, the Secretary shall consult and coordinate with
the Administrator of the Environmental Protection Agency
regarding--
``(A) the awarding of grants under this section;
and
``(B) the evaluation of the results of such
research projects.''.
(b) Waiver of Matching Funds Requirement.--Subsection (c)(2) of
such section is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) the project involves a pest that has been
designated as a pest of public health significance by
the Environmental Protection Agency and the Centers for
Disease Control and Prevention, as described in section
2(nn) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136(nn)).''.
(c) Conforming Amendments.--Such section is further amended--
(1) in subsection (a), by striking ``through (i)'' and
inserting ``through (j)''; and
(2) in subsection (b)(2), by striking ``through (i)'' and
inserting ``through (j)''.
SEC. 3. AMENDMENTS TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE
ACT TO IMPROVE EFFORTS TO CONTROL AND ERADICATE BED BUGS.
(a) Inclusion of Bed Bugs in Definition of Vector Organisms.--
Section 2(oo) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136(oo)) is amended by inserting ``bed bugs,'' after
``cockroaches,''.
(b) Definition of Adverse Effects.--Section 2(bb) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(bb)) is
amended by adding before the period at the end of the last sentence the
following: ``, such as whether there are insufficient efficacious
alternative registered pesticides available for the use, whether the
lack of sufficient efficacious alternative registered pesticides will
reasonably lead to the misuse of other pesticides or other
inappropriate pest management strategies that pose risks to the
environment or human health, and whether the registration or approval
of use of the public health pesticide will play a significant part in
managing pest resistance''.
(c) Efficacy Data for Exempted Pesticides.--Section 25(b) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w(b))
is amended by adding at the end the following new sentences:
``Notwithstanding the exemption of a pesticide under this subsection,
the Administrator shall require the submission of efficacy data (and
evaluate such data) if the pesticide is labeled for or proposed to be
labeled for the control of a pest of public health significance. The
Administrator shall not permit the sale or distribution of any product
that is marketed, distributed, or sold with a claim that such product
will control a public health pest if the efficacy data submitted under
this subsection does not support such claim.''.
(d) Bed Bug Prevention and Mitigation Pilot Program.--The Federal
Insecticide, Fungicide, and Rodenticide Act is amended by inserting
after section 20 (7 U.S.C. 136r) the following new section:
``SEC. 20A. BED BUG PREVENTION AND MITIGATION PILOT PROGRAM.
``(a) Grant Authority.--Using funds appropriated to carry out this
Act, the Administrator shall award grants to three State agencies whose
plans have been approved by the Administrator in accordance with the
requirements of section 11 for the purposes of conducting a pilot
program under which political subdivisions of the State and housing
authorities in the State use the grant funds to supplement on-going bed
bug prevention and mitigation activities. At least one of the three
grants shall be awarded to one such State agency that, before November
1, 2009, submitted a public health exemption request under section 18,
which proposed a use of a pesticide to control bed bugs, but which was
voluntarily canceled under section 6(f).
``(b) Distribution of Funds.--As a condition on the receipt of the
grant under subsection (a), the recipient State agency, working in
conjunction with the State department of health, shall agree to
distribute the grant funds to political subdivisions and housing
authorities--
``(1) addressing persistent bed bug infestations; and
``(2) whose residents lack the financial resources to
adequately mitigate bed bug infestations without assistance.
``(c) Time for Award and Distribution.--The grants under subsection
(a) for a fiscal year shall be awarded within 180 days after the
appropriation of funds for that fiscal year to carry out this Act.
Recipient State agencies shall begin disseminating grants within 120
days receiving the grant funds.
``(d) Use of Funds.--Grant funds may be used--
``(1) to retain commercial applicators to perform bed bug
prevention and mitigation activities that are proven to
effectively control bed bugs;
``(2) to purchase and distribute mattress covers;
``(3) to conduct bed bug monitoring activities; and
``(4) to treat used mattresses and furniture using methods
proven to control all life stages of bed bugs.
``(e) Data Collection.--After the end of fiscal year 2016, the
Administrator shall collect from the recipient State agencies the
following data:
``(1) The number of political subdivisions and housing
authorities receiving grant funds and total funds awarded to
each political subdivision and housing authority.
``(2) The criteria used to award funds to such political
subdivisions and housing authorities.
``(3) The success achieved in reducing bed bug infestation
and the methods used to manage bed bug infestation.
``(4) Documented results of intervention efforts with some
measurement of infestation rates both before and after
intervention.
``(f) Report to Congress.--Not later than January 1, 2017, the
Administrator shall submit to Congress a report setting forth the data
collected under subsection (e).
``(g) Expiration of Grant Authority.--No grants may be made under
subsection (a) after September 30, 2017.''. | Bed Bug Management, Prevention, and Research Act - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Secretary of Agriculture (USDA) to: (1) award grants for bed bug management and eradication, (2) appoint a bed bug task force, and (3) award grants for related research projects.
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to include bed bugs in the definition of "vector."
Requires the submission and evaluation of efficacy data if a pesticide is labeled for or proposed to be labeled for the control of a public health pest. Prohibits the sale or distribution of any product that is marketed, distributed, or sold with a claim that such product will control a public health pest if the submitted data does not support such claim.
Directs the Administrator of the Environmental Protection Agency (EPA) to award grants through September 30, 2017, to three state agencies for a pilot program under which state subdivisions and housing authorities use such funds to supplement ongoing bed bug prevention and mitigation activities. (Requires at least one of the three grants to be awarded to a state agency that before November 1, 2009, submitted a public health exemption request which proposed a pesticide use to control bed bugs but which was voluntarily canceled.) | {"src": "billsum_train", "title": "To amend the Food, Agriculture, Conservation, and Trade Act of 1990 and the Federal Insecticide, Fungicide, and Rodenticide Act to support efforts to control and eradicate bed bugs with respect to public health, and for other purposes."} | 2,290 | 291 | 0.574242 | 1.624545 | 0.692267 | 4.685259 | 8.151394 | 0.932271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Emergency Relief
CDBG Flexibility Act of 2005''.
SEC. 2. SUSPENSION OF PUBLIC SERVICES CAP.
(a) Units of General Local Government and Indian Tribes.--
(1) Suspension for directly affected communities.--The
percentage limitations under paragraph (8) of section 105(a) of
the Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)(8)) on the amount of assistance under title I of such
Act that may be used for the provision of public services by a
unit of general local government or Indian tribe that is, or is
within, a directly affected community (as such term is defined
in section 4 of this Act) shall not apply with respect to any
of fiscal years 2005 through 2008 for such unit of general
local government or Indian tribe.
(2) Authority to suspend for indirectly affected
communities.--For any indirectly affected community (as such
term is defined in section 4 of this Act), the Secretary may
waive the applicability, for such period during the fiscal
years referred to in paragraph (1) as the Secretary considers
appropriate, of the percentage limitations under paragraph (8)
of section 105(a) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5305(a)(8)) on the amount of assistance
under title I of such Act that may be used for the provision of
public services by a unit of general local government or Indian
tribe that is, or is within, such indirectly affected
community. In determining the period for which to waive such
limitations, the Secretary shall take into consideration the
specific economic circumstances of each such indirectly
affected community.
(b) Nonentitlement Communities.--Assistance provided under title I
of the Housing and Community Development Act of 1974 may be used for
the provision of public services in any directly affected community (as
such term is defined in section 4 of this Act) without regard to the
percentage limitations under paragraph (8) of section 105(a) of such
Act (42 U.S.C. 5305(a)(8)) on the amount of assistance that may be used
statewide in nonentitlement communities for such activities and any
such amounts so used in any directly affected community shall not be
considered for purposes of such statewide limitations.
SEC. 3. SUSPENSION OF PUBLIC HEARING REQUIREMENT.
(a) In General.--The Secretary shall, with respect to a grant under
section 106 of the Housing and Community Development Act of 1974 (42
U.S.C. 5306) for fiscal year 2006 for any unit of general local
government or Indian tribe that is, or is located in, a directly
affected community, waive or specify alternative requirements for the
public hearing requirements specified under subsection (b).
(b) Public Hearing Requirements.--The public hearing requirements
specified under this subsection are--
(1) the requirement under section 104(a)(2)(C) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5304(a)(2)(C)) to hold public hearings;
(2) the requirements under subparagraphs (D) and (F) of
section 104(a)(3) of such Act to make certifications in the
detailed citizenship participation plan regarding public
hearings; and
(3) any requirement pursuant to section 106(d)(7)(C) of
such Act (42 U.S.C. 5306(d)(7)(C)) to hold public hearings.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Directly affected community.--The term ``directly
affected community'' means a unit of general local government
or area for which the President has declared a major disaster
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in connection with
Hurricane Katrina or Hurricane Rita.
(2) Indirectly affected community.--The term ``indirectly
affected community'' means a unit of general local government
or area that--
(A) is a metropolitan city, urban county, or Indian
tribe (as such terms are defined in section 102(a) of
the Housing and Community Development Act of 1974 (42
U.S.C. 5304(a));
(B) is not, and is not within, a directly affected
community; and
(C) is determined by the Secretary of Housing and
Urban Development to have been significantly affected
economically by the occurrence of Hurricane Katrina or
Hurricane Rita (including economic effects from the
presence of persons evacuated from an area for which
the President has declared a major disaster in
connection with Hurricane Katrina or Hurricane Rita).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
Passed the House of Representatives October 6, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Hurricane Katrina Emergency Relief CDBG Flexibility Act of 2005 - Directs the Secretary of Housing and Urban Development (HUD) to: (1) suspend the community development block grant public services cap for FY2005-FY2008 for communities directly or indirectly affected by Hurricane Katrina or Hurricane Rita; (2) consider the specific economic circumstances of each indirectly affected community in determining the length of such suspension; and (3) waive or find alternative specified public hearing requirements in FY2006 for a directly affected community.
Authorizes similar fund use in directly affected nonentitlement areas, and provides that such amounts shall not be considered for statewide limitation purposes.
Defines: (1) "directly affected community" as a unit of general local government or area that is located in an area for which the President has declared a major disaster as a result of Hurricane Katrina or Hurricane Rita; and (2) "indirectly affected community" as a unit of general local government or area that is a metropolitan city, urban county, or Indian tribe that is not a directly affected community and is determined by the Secretary to have been significantly affected economically by the occurrence of Hurricane Katrina or Hurricane Rita (including from the presence of Katrina- or Rita-evacuated persons). | {"src": "billsum_train", "title": "To temporarily suspend, for communities affected by Hurricane Katrina or Hurricane Rita, certain requirements under the community development block grant program."} | 1,103 | 275 | 0.678437 | 2.086564 | 0.849746 | 3.27234 | 4.008511 | 0.889362 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quincy Library Group Forest Recovery
and Economic Stability Act of 1996''.
SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL FORESTS TO
IMPLEMENT QUINCY LIBRARY GROUP PROPOSAL.
(a) Findings.--Congress finds the following:
(1) As a consequence of fire suppression and an over-
accumulation of natural fuels, forest stands in the Sierra
Nevada, particularly within the Plumas National Forest, Lassen
National Forest, and the Sierraville Ranger District of the
Tahoe National Forest in the State of California, have been
highly altered both in structure and function by the
development of dense, shade tolerant understories that place
such forest stands at an unnatural risk of epidemic mortality
from disease and insect infestations and high-intensity stand-
replacing fire.
(2) Enhanced resource management activities, including
thinning, salvage logging, pruning, brush clearing, prescribed
fire, and uneven-aged timber stand management (using individual
tree and group selection) are necessary throughout these three
national forests to mitigate unnatural tree mortality, reduce
fuel loads, break up fuel continuity in areas of fire prone
forest, and achieve long-term forest health.
(3) Communities in the Sierra Nevada throughout northern
California rely upon the revenues derived from the sale of
forest products from Federal lands for education, roads, basic
infrastructure, and overall economic stability.
(4) The Quincy Library Group of northern California is a
coalition of representatives of the timber industry,
environmental organizations, citizens, and local communities
that formed to develop a resource management program for
Federal lands in the Sierra Nevada that could be carried out in
a manner that simultaneously maximizes forest health, cost-
effectiveness, and social and economic benefits to forest-
dependent communities.
(5) The agreement reached by this group in 1993, known as
the Quincy Library Group Proposal of 1993, recommended a
localized, adaptive management strategy for designated lands in
the Plumas National Forest, Lassen National Forest, and the
Sierraville Ranger District of the Tahoe National Forest for
implementing, in a cost-effective manner, the resource
management activities necessary to reduce fire risk and enhance
forest health while providing greater economic stability to
forest-dependent communities.
(6) Implementation of the resource management activities
recommended in the Quincy Library Group Proposal of 1993 as a
pilot project on these national forests can demonstrate the
feasibility of utilizing locally-developed adaptive management
strategies that may be applicable throughout California and the
intermountain northwest.
(b) Pilot Project Required.--
(1) Implementation and purpose.--The Secretary of
Agriculture, acting through the Forest Service, shall conduct a
pilot project on the Federal lands described in paragraph (2)
to implement and demonstrate the effectiveness of the resource
management activities described in subsection (d), as
recommended in the Quincy Library Group Proposal of 1993.
(2) Pilot project area.--The Secretary shall conduct the
pilot project on the Federal lands within the Plumas National
Forest, Lassen National Forest, and the Sierraville Ranger
District of the Tahoe National Forest in the State of
California depicted on the map entitled ``Quincy Library Group
Community Stability Proposal'', dated June 1993. The map shall
be on file and available for inspection in the appropriate
offices of the Forest Service.
(c) Exclusion of Certain Lands; Exception.--
(1) Exclusion.--Except as provided in paragraph (2), all
spotted owl habitat areas and protected activity centers
located within the pilot project area designated under
subsection (b)(2) will be deferred from timber harvesting
during the term of the pilot project.
(2) Exception for designated catastrophic event areas.--The
Secretary may designate an area within the pilot project area
that is otherwise precluded from timber harvesting pursuant to
paragraph (1) and subsection (b)(2) as a catastrophic event
area in which the resource management activities described in
subsection (d) may be applied if the Secretary, upon completion
of an environmental impact statement, finds that--
(A) the area proposed for designation has
experienced disturbances from wildfires, insect
infestations, disease, drought, or other natural causes
and will suffer further environmental degradation, such
as soil erosion, stream damage, or habitat loss, in the
absence of the resource management activities; and
(B) implementation of one or more resource
management activities described in subsection (d) in
the area proposed for designation is likely to reduce
or prevent continued environmental degradation.
(3) Notice of proposed designation.--Immediately upon
publication of the draft environmental impact statement
required under paragraph (2), the Secretary shall publish in
the Federal Register notice of any prospective decision to
designate a catastrophic event area under such paragraph on the
basis of the environmental impact statement. The notice shall--
(A) set forth the location of the affected area;
(B) describe the forest health conditions in such
area;
(C) provide the reasons for proposing to designate
the area as a catastrophic event area; and
(D) contain a brief description of the resource
management activity or activities that the Secretary
proposes to select for the area.
(4) Public comment.--The Secretary shall provide a 45-day
period for the submission of public comments regarding a draft
environmental impact statement prepared under paragraph (2) and
any prospective decision to designate, on the basis of the
environmental impact statement, a catastrophic event area. The
comment period shall begin on the date of the publication of
the draft environmental impact statement or the date notice is
published under paragraph (3) of the prospective decision to
designate the catastrophic event area, whichever is later.
During the comment period, the Secretary shall hold a hearing
on the decision in a community near the area proposed for
designation.
(d) Resource Management Activities.--During the term of the pilot
project, the Secretary shall implement and carry out the following
resource management activities on the Federal lands included within the
pilot project area designated under subsection (b)(2):
(1) Construction of a strategic system of defensible,
shaded fuelbreaks on not less than 50,000 acres per year.
(2) Implementation, on an acreage rather than volume basis,
of uneven-aged forest management prescriptions utilizing
individual tree selection and group selection to achieve a
desired future condition of an all-age, multi-story, fire
resistant forest.
(e) Cost-Effectiveness.--In conducting the pilot project, Secretary
shall use the most cost-effective means available, as determined by the
Secretary, to implement resource management activities described in
subsection (d).
(f) Effect on Multiple Use Activities.--The Secretary shall not
rely on the resource management activities described in subsection (d)
as a basis for administrative action limiting other multiple use
activities on Federal lands included within the pilot project area
designated under subsection (b)(2).
(g) Funding.--
(1) Source of funds.--In conducting the pilot project, the
Secretary shall use--
(A) those funds that were specifically provided to
the Forest Service by the Secretary during fiscal year
1996 to begin implementing resource management
activites according to the Quincy Library Group
Proposal of 1993; and
(B) other funds as are appropriated for the
administration of Plumas National Forest, Lassen
National Forest, and the Sierraville Ranger District of
the Tahoe National Forest.
(2) Prohibition on use of certain funds.--The Secretary may
not conduct the pilot project using funds appropriated for any
other unit of the National Forest System.
(h) Term of Pilot Project.--The Secretary shall conduct the pilot
project during the period beginning on the date of the enactment of
this Act and ending on the later of the following:
(1) The date on which the Secretary completes amendment of
the land and resource management plans for Plumas National
Forest, Lassen National Forest, and Tahoe National Forest
pursuant to subsection (i).
(2) The date that is five years after the date of the
enactment of this Act.
(i) Corresponding Forest Plan Amendments.--Commencing on the date
of the enactment of this Act, the Secretary shall initiate a process to
amend the land and resource management plans for the Plumas National
Forest, Lassen National Forest, and Tahoe National Forest to, where
appropriate--
(1) incorporate the pilot project and area designations
made by subsection (b) and the resource management activities
described in subsection (d); and
(2) make other changes warranted by the analyses conducted
in compliance with section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604), and other applicable laws.
(j) Reporting Requirements.--Not later than January 1 of each year
during the term of the pilot project, the Secretary shall submit to
Congress a report on the status of the pilot project. The report shall
include at least the following:
(1) An accounting of the use of funds specified in
subsection (g)(1)(A) until such funds are fully expended.
(2) A description of total acres treated, forest health
improvements, fire risk reductions, water yield increases, and
other natural resources-related benefits achieved by the
implementation of the resource management activities described
in subsection (d).
(3) A description of the economic benefits to local
communities achieved by the implementation of the pilot
project.
(4) A comparison of the revenues generated by, and costs
incurred in, the implementation of the resource management
activities with the revenues generated by, and costs incurred
in, timber management of the Federal lands included in the
pilot project area during each of the fiscal years 1992 through
1996.
(5) A schedule for the resource management activities to be
undertaken in the pilot project area during the next fiscal
year. | Quincy Library Group Forest Recovery and Economic Stability Act of 1996 - Directs the Secretary of Agriculture to conduct a pilot project within the Plumas, Lassen, and Tahoe National Forests, California, to demonstrate the effectiveness of specified resource management activities recommended by the Quincy Library Group. | {"src": "billsum_train", "title": "Quincy Library Group Forest Recovery and Economic Stability Act of 1996"} | 2,092 | 62 | 0.646859 | 1.864657 | 0.582028 | 3.568627 | 39.568627 | 0.980392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy Carbon Capture
and Sequestration Program Amendments Act of 2009''.
SEC. 2. LARGE-SCALE CARBON STORAGE PROGRAM.
(a) In General.--Subtitle F of title IX of the Energy Policy Act of
2005 (42 U.S.C. 16291 et seq.) is amended by inserting after section
963 (42 U.S.C. 16293) the following:
``SEC. 963A. LARGE-SCALE CARBON STORAGE PROGRAM.
``(a) Definitions.--In this section:
``(1) Industrial source.--The term `industrial source'
means any source of carbon dioxide that is not naturally
occurring.
``(2) Large-scale.--The term `large-scale' means the
injection of over 1,000,000 tons of carbon dioxide each year
from industrial sources into a geological formation.
``(3) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
``(B) the Secretary of the Interior, with respect
to land managed by the Bureau of Land Management
(including land held for the benefit of an Indian
tribe).
``(b) Program.--In addition to the research, development, and
demonstration program authorized by section 963, the Secretary shall
carry out a program to demonstrate the commercial application of
integrated systems for the capture, injection, monitoring, and long-
term geological storage of carbon dioxide from industrial sources.
``(c) Authorized Assistance.--In carrying out the program, the
Secretary may enter into cooperative agreements to provide financial
and technical assistance to up to 10 demonstration projects.
``(d) Project Selection.--The Secretary shall competitively select
recipients of cooperative agreements under this section from among
applicants that--
``(1) provide the Secretary with sufficient geological site
information (including hydrogeological and geophysical
information) to establish that the proposed geological storage
unit is capable of long-term storage of the injected carbon
dioxide, including--
``(A) the location, extent, and storage capacity of
the geological storage unit at the site into which the
carbon dioxide will be injected;
``(B) the principal potential modes of
geomechanical failure in the geological storage unit;
``(C) the ability of the geological storage unit to
retain injected carbon dioxide; and
``(D) the measurement, monitoring, and verification
requirements necessary to ensure adequate information
on the operation of the geological storage unit during
and after the injection of carbon dioxide;
``(2) possess the land or interests in land necessary for--
``(A) the injection and storage of the carbon
dioxide at the proposed geological storage unit; and
``(B) the closure, monitoring, and long-term
stewardship of the geological storage unit;
``(3) possess or have a reasonable expectation of obtaining
all necessary permits and authorizations under applicable
Federal and State laws (including regulations); and
``(4) agree to comply with each requirement of subsection
(e).
``(e) Terms and Conditions.--The Secretary shall condition receipt
of financial assistance pursuant to a cooperative agreement under this
section on the recipient agreeing to--
``(1) comply with all applicable Federal and State laws
(including regulations), including a certification by the
appropriate regulatory authority that the project will comply
with Federal and State requirements to protect drinking water
supplies;
``(2) in the case of industrial sources subject to the
Clean Air Act (42 U.S.C. 7401 et seq.), inject only carbon
dioxide captured from industrial sources in compliance with
that Act;
``(3) comply with all applicable construction and operating
requirements for deep injection wells;
``(4) measure, monitor, and test to verify that carbon
dioxide injected into the injection zone is not--
``(A) escaping from or migrating beyond the
confinement zone; or
``(B) endangering an underground source of drinking
water;
``(5) comply with applicable well-plugging, postinjection
site care, and site closure requirements, including--
``(A)(i) maintaining financial assurances during
the postinjection closure and monitoring phase until a
certificate of closure is issued by the Secretary; and
``(ii) promptly undertaking remediation activities
for any leak from the geological storage unit that
would endanger public health or safety or natural
resources; and
``(B) complying with subsection (f);
``(6) comply with applicable long-term care requirements;
``(7) maintain financial protection in a form and in an
amount acceptable to--
``(A) the Secretary;
``(B) the Secretary with jurisdiction over the
land; and
``(C) the Administrator of the Environmental
Protection Agency; and
``(8) provide the assurances described in section
963(d)(4)(B).
``(f) Postinjection Closure and Monitoring Elements.--In assessing
whether a project complies with site closure requirements under
subsection (e)(5), the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall determine
whether the recipient of financial assistance has demonstrated
continuous compliance with each of the following over a period of not
less than 10 consecutive years after the plume of carbon dioxide has
come into equilibrium with the geologic formation that comprises the
geologic storage unit following the cessation of injection activities:
``(1) The estimated location and extent of the project
footprint (including the detectable plume of carbon dioxide and
the area of elevated pressure resulting from the project) has
not substantially changed.
``(2) There is no leakage of either carbon dioxide or
displaced fluid in the geologic storage unit that is
endangering public health and safety, including underground
sources of drinking water and natural resources.
``(3) The injected or displaced fluids are not expected to
migrate in the future in a manner that encounters a potential
leakage pathway.
``(4) The injection wells at the site completed into or
through the injection zone or confining zone are plugged and
abandoned in accordance with the applicable requirements of
Federal or State law governing the wells.
``(g) Indemnification Agreements.--
``(1) Definition of liability.--In this subsection, the
term `liability' means any legal liability for--
``(A) bodily injury, sickness, disease, or death;
``(B) loss of or damage to property, or loss of use
of property; or
``(C) injury to or destruction or loss of natural
resources, including fish, wildlife, and drinking water
supplies.
``(2) Agreements.--The Secretary may agree to indemnify and
hold harmless the recipient of a cooperative agreement under
this section from liability arising out of or resulting from a
demonstration project in excess of the amount of liability
covered by financial protection maintained by the recipient
under subsection (e)(7).
``(3) Exception for gross negligence and intentional
misconduct.--Notwithstanding paragraph (1), the Secretary may
not indemnify the recipient of a cooperative agreement under
this section from liability arising out of conduct of a
recipient that is grossly negligent or that constitutes
intentional misconduct.
``(4) Collection of fees.--
``(A) In general.--The Secretary shall collect a
fee from any person with whom an agreement for
indemnification is executed under this subsection in an
amount that is equal to the net present value of
payments made by the United States to cover liability
under the indemnification agreement.
``(B) Amount.--The Secretary shall establish, by
regulation, criteria for determining the amount of the
fee, taking into account--
``(i) the likelihood of an incident
resulting in liability to the United States
under the indemnification agreement; and
``(ii) other factors pertaining to the
hazard of the indemnified project.
``(C) Use of fees.--Fees collected under this
paragraph shall be deposited in the Treasury and
credited to miscellaneous receipts.
``(5) Contracts in advance of appropriations.--The
Secretary may enter into agreements of indemnification under
this subsection in advance of appropriations and incur
obligations without regard to section 1341 of title 31, United
States Code (commonly known as the `Anti-Deficiency Act'), or
section 11 of title 41, United States Code (commonly known as
the `Adequacy of Appropriations Act').
``(6) Conditions of agreements of indemnification.--
``(A) In general.--An agreement of indemnification
under this subsection may contain such terms as the
Secretary considers appropriate to carry out the
purposes of this section.
``(B) Administration.--The agreement shall provide
that, if the Secretary makes a determination the United
States will probably be required to make indemnity
payments under the agreement, the Attorney General--
``(i) shall collaborate with the recipient
of an award under this subsection; and
``(ii) may--
``(I) approve the payment of any
claim under the agreement of
indemnification;
``(II) appear on behalf of the
recipient;
``(III) take charge of an action;
and
``(IV) settle or defend an action.
``(C) Settlement of claims.--
``(i) In general.--The Attorney General
shall have final authority on behalf of the
United States to settle or approve the
settlement of any claim under this subsection
on a fair and reasonable basis with due regard
for the purposes of this subsection.
``(ii) Expenses.--The settlement shall not
include expenses in connection with the claim
incurred by the recipient.
``(h) Federal Land.--
``(1) In general.--The Secretary concerned may authorize
the siting of a project on Federal land under the jurisdiction
of the Secretary concerned in a manner consistent with
applicable laws and land management plans and subject to such
terms and conditions as the Secretary concerned determines to
be necessary.
``(2) Framework for geological carbon sequestration on
public land.--In determining whether to authorize a project on
Federal land, the Secretary concerned shall take into account
the framework for geological carbon sequestration on public
land prepared in accordance with section 714 of the Energy
Independence and Security Act of 2007 (Public Law 110-140; 121
Stat. 1715).
``(i) Acceptance of Title and Long-Term Monitoring.--
``(1) In general.--As a condition of a cooperative
agreement under this section, the Secretary may accept title
to, or transfer of administrative jurisdiction from another
Federal agency over, any land or interest in land necessary for
the monitoring, remediation, or long-term stewardship of a
project site.
``(2) Long-term monitoring activities.--After accepting
title to, or transfer of, a site closed in accordance with this
section, the Secretary shall monitor the site and conduct any
remediation activities to ensure the geological integrity of
the site and prevent any endangerment of public health or
safety.
``(3) Funding.--There is appropriated to the Secretary, out
of funds of the Treasury not otherwise appropriated, such sums
as are necessary to carry out paragraph (2).''.
(b) Conforming Amendments.--
(1) Section 963 of the Energy Policy Act of 2005 (42 U.S.C.
16293) is amended--
(A) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively;
(B) by inserting before subsection (b) (as so
redesignated) the following:
``(a) Definitions.--In this section:
``(1) Industrial source.--The term `industrial source'
means any source of carbon dioxide that is not naturally
occurring.
``(2) Large-scale.--The term `large-scale' means the
injection of over 1,000,000 tons of carbon dioxide from
industrial sources over the lifetime of the project.'';
(C) in subsection (b) (as so redesignated), by
striking ``In General'' and inserting ``Program'';
(D) in subsection (c) (as so redesignated), by
striking ``subsection (a)'' and inserting ``subsection
(b)''; and
(E) in subsection (d)(3) (as so redesignated), by
striking subparagraph (D).
(2) Sections 703(a)(3) and 704 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17251(a)(3), 17252) are
amended by striking ``section 963(c)(3) of the Energy Policy
Act of 2005 (42 U.S.C. 16293(c)(3))'' each place it appears and
inserting ``section 963(d)(3) of the Energy Policy Act of 2005
(42 U.S.C. 16293(d)(3))''.
SEC. 3. TRAINING PROGRAM FOR STATE AGENCIES.
(a) Establishment.--The Secretary of Energy, in consultation with
the Administrator of the Environmental Protection Agency and the
Secretary of Transportation, shall establish a program to provide
grants for employee training purposes to State agencies involved in
permitting, management, inspection, and oversight of carbon capture,
transportation, and storage projects.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Energy to carry out this section
$10,000,000 for each of fiscal years 2010 through 2020. | Department of Energy Carbon Capture and Sequestration Program Amendments Act of 2009 - Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to carry out a demonstration program for the commercial application of integrated systems for the capture, injection, monitoring, and long-term geological storage of carbon dioxide from industrial sources. Authorizes the Secretary to enter into cooperative agreements to provide financial and technical assistance to up to 10 demonstration projects. Sets forth requirements for demonstration projects relating to site safety, environmental protection and remediation, and site closure.
Directs the Secretary of Energy to provide grants for training of state employees involved in permitting and management of carbon capture, transportation, and storage projects. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Energy to carry out a program to demonstrate the commercial application of integrated systems for long-term geological storage of carbon dioxide, and for other purposes."} | 2,998 | 145 | 0.590236 | 1.51383 | 0.740404 | 5.169231 | 21.338462 | 0.938462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Belarus Democracy Reauthorization
Act of 2008''.
SEC. 2. AMENDMENTS TO REAUTHORIZATION OF THE BELARUS DEMOCRACY ACT OF
2004.
The Belarus Democracy Act of 2004 (Public Law 109-480; 22 U.S.C.
5811 note) is amended--
(1) in section 2--
(A) in paragraph (1), by striking ``the Republic
of''; and
(B) by striking paragraphs (3) through (11) and
inserting the following new paragraphs:
``(3) The Government of Belarus has subjected thousands of
pro-democratic political activists to frequent harassment,
beatings, and jailings, particularly as a result of their
attempts to peacefully exercise their right to freedom of
assembly and association.
``(4) The Government of Belarus has attempted to maintain a
monopoly over the country's information space, targeting
independent media, including independent journalists, for
systematic reprisals and elimination, while suppressing the
right to freedom of speech and expression of those dissenting
from the regime of Aleksandr Lukashenka.
``(5) The Government of Belarus has mounted a systematic
campaign of harassment, repression, and closure of
nongovernmental organizations, including independent trade
unions and associations of entrepreneurs, and this crackdown
has created a climate of fear that inhibits the development of
civil society and social solidarity.
``(6) The Government of Belarus has increasingly subjected
leaders and members of ethnic and religious minorities to
harassment, including the imposition of heavy fines, denying
permission to meet for religious services, prosecutions, and
jail terms for activities in the practice of their faith.
``(7) The Government of Belarus has attempted to silence
dissent by persecuting human rights and pro-democracy activists
with threats, firings, expulsions, beatings and other forms of
intimidation, and restrictions on freedom of movement and
prohibition of international travel.
``(8) The President of Belarus, Aleksandr Lukashenka, has
established himself in power by orchestrating an illegal and
unconstitutional referendum that enabled him to impose a new
constitution, abolishing the duly-elected parliament, the 13th
Supreme Soviet, installing a largely powerless National
Assembly, extending his term in office, and removing applicable
term limits.
``(9) The Government of Belarus failed to make a convincing
effort to solve the cases of disappeared opposition figures
Yuri Zakharenka, Viktor Gonchar, and Anatoly Krasovsky and
journalist Dmitry Zavadsky, even though credible allegations
and evidence links top officials of the Government to these
disappearance.
``(10) In 2006, the Government of Belarus conducted
presidential elections that failed to meet standards of the
Organization for Security and Cooperation in Europe (OSCE) for
democratic elections, and the numerous detentions and arbitrary
use of state power which accompanied the elections showed the
disregard of the Government of Belarus for the basic rights to
freedom of assembly, association, and expression, and
reinforced doubts regarding the willingness of the Government
of Belarus to tolerate political competition.
``(11) In 2008, the Government of Belarus released some
political prisoners who had been imprisoned or served
`corrective labor' sentences because of their political
activity.
``(12) Aleksandr Kozulin, an opposition leader whom the
Social Democratic Party nominated in 2006 as its candidate for
President of Belarus, remains in prison, where he continues to
serve a five and a half year term for his political activity.
``(13) The Department of State, Department of the Treasury,
and other executive branch agencies have heretofore made
effective use of this Act to promote the purposes of this Act,
as stated in section 3 of this Act.'';
(2) in section 3--
(A) in paragraph (1), by striking ``call upon'' and
inserting ``continue to call for'';
(B) in paragraphs (2) and (3)--
(i) by inserting ``continue to'' before
``support'' each place it appears; and
(ii) by striking ``the Republic of'' each
place it appears;
(C) in paragraph (4), by striking ``seek and'' and
inserting ``continue to'';
(D) in paragraph (5)--
(i) by inserting ``continue to'' before
``refuse''; and
(ii) by striking ``fatally'' and inserting
``fundamentally'';
(E) in paragraph (6)--
(i) by inserting ``continue to'' before
``refuse''; and
(ii) by striking ``and'' at the end;
(F) in paragraph (7)--
(i) by inserting ``continue to'' before
``work''; and
(ii) by striking the period at the end and
inserting ``; and''
(G) by adding at the end the following new
paragraph:
``(8) to remain open to reevaluating United States policy
toward Belarus as warranted by demonstrable progress made by
the Government of Belarus consistent with the aims of this Act
as stated in this section.'';
(3) in section 4--
(A) in subsection (a)(1), by striking ``the
Republic of'';
(B) in subsection (c)(1), by striking ``radio and
television'' and inserting ``radio, television, and
Internet''; and
(C) in subsection (d)(1), by striking ``2007 and
2008'' and inserting ``2007 through 2010'';
(4) in section 5--
(A) in the section heading, by striking ``radio and
television'' and inserting ``radio, television, and
internet'';
(B) in subsection (a), by striking ``radio and
television'' and inserting ``radio, television, and
internet''; and
(C) in subsection (b)--
(i) by inserting ``, and such sums as may
be necessary for fiscal year 2009 and each
subsequent fiscal year for Internet
broadcasting,''; and
(ii) by inserting before the period at the
end the following: ``, including broadcasting
by Radio Free Europe/Radio Liberty, the Voice
of America, and European Radio for Belarus and
Belsat'';
(5) in section 6--
(A) in subsection (b)--
(i) in paragraph (4), by inserting
``student activists, ethnic minority and''
before ``religious organizations''; and
(ii) in paragraph (5), by inserting before
the period at the end the following: ``and
violations of human rights'';
(6) by redesignating section 9 as section 8; and
(7) in section 8, as so redesignated--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (3)(B)(i), by striking ``and
prosecutors'' and inserting ``, prosecutors, and heads
of professional associations and educational
institutions''. | Belarus Democracy Reauthorization Act of 2008 - Amends the Belarus Democracy Act of 2004 to authorize assistance to promote democracy and civil society in Belarus.
Includes Internet broadcasting within the scope of increased support and funding for U.S. government and surrogate broadcasting to Belarus. Specifies that funding may be used for broadcasting by Radio Free Europe/Radio Liberty, the Voice of America, and European Radio for Belarus and Belsat.
Includes cessation of repression against student activists and ethnic minorities among the criteria that the government of Belarus must meet in order to end U.S. sanctions under such Act. | {"src": "billsum_train", "title": "To amend the Belarus Democracy Act of 2004 to reauthorize that Act, and for other purposes."} | 1,593 | 131 | 0.455454 | 1.438174 | 0.554893 | 2.934579 | 14.074766 | 0.785047 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preserving
Medicare for All Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Authority to negotiate prices.
Sec. 3. Guaranteed prescription drug benefits.
Sec. 4. Full reimbursement for qualified retiree prescription drug
plans.
Sec. 5. Repeal of Comparative Cost Adjustment (CCA) program.
Sec. 6. Repeal of MA Regional Plan Stabilization Fund.
Sec. 7. Repeal of cost containment provisions.
SEC. 2. AUTHORITY TO NEGOTIATE PRICES.
Subsection (i) of section 1860D-11, as added by section 101 of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173), is repealed.
SEC. 3. GUARANTEED PRESCRIPTION DRUG BENEFITS.
(a) In General.--Section 1860D-3 of the Social Security Act, as
added by section 101 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173), is amended to read
as follows:
``access to a choice of qualified prescription drug coverage
``Sec. 1860D-3. (a) Assuring Access to a Choice of Coverage.--
``(1) Choice of at least three plans in each area.--The
Secretary shall ensure that each part D eligible individual has
available, consistent with paragraph (2), a choice of
enrollment in--
``(A) a nationwide prescription drug plan offered
by the Secretary in accordance with subsection (b); and
``(B) at least 2 qualifying plans (as defined in
paragraph (3)) in the area in which the individual
resides, at least one of which is a prescription drug
plan.
``(2) Requirement for different plan sponsors.--The
requirement in paragraph (1)(B) is not satisfied with respect
to an area if only one entity offers all the qualifying plans
in the area.
``(3) Qualifying plan defined.--For purposes of this
section, the term `qualifying plan' means--
``(A) a prescription drug plan;
``(B) an MA-PD plan described in section
1851(a)(2)(A)(i) that provides--
``(i) basic prescription drug coverage; or
``(ii) qualified prescription drug coverage
that provides supplemental prescription drug
coverage so long as there is no MA monthly
supplemental beneficiary premium applied under
the plan, due to the application of a credit
against such premium of a rebate under section
1854(b)(1)(C); or
``(C) a nationwide prescription drug plan offered
by the Secretary in accordance with subsection (b).
``(b) HHS as PDP Sponsor for a Nationwide Prescription Drug Plan.--
``(1) In general.--The Secretary, through the Administrator
of the Centers for Medicare & Medicaid Services, shall take
such steps as may be necessary to qualify and serve as a PDP
sponsor and to offer a prescription drug plan that offers basic
prescription drug coverage throughout the United States. Such a
plan shall be in addition to, and not in lieu of, other
prescription drug plans offered under this part.
``(2) Premium; solvency; authorities.--In carrying out
paragraph (1), the Secretary--
``(A) shall establish a premium in the amount of
$35 for months in 2006 and, for months in subsequent
years, in the amount specified in this paragraph for
months in the previous year increased by the annual
percentage increase described in section 1860D-2(b)(6)
(relating to growth in medicare prescription drug costs
per beneficiary) for the year involved;
``(B) is deemed to have met any applicable solvency
and capital adequacy standards; and
``(C) shall exercise such authorities (including
the use of regional or other pharmaceutical benefit
managers) as the Secretary determines necessary to
offer the prescription drug plan in the same or a
comparable manner as is the case for prescription drug
plans offered by private PDP sponsors.
``(c) Flexibility in Risk Assumed.--In order to ensure access
pursuant to subsection (a) in an area the Secretary may approve limited
risk plans under section 1860D-11(f) for the area.''.
(b) Conforming Amendment.--Section 1860D-11 of the Social Security
Act, as added by section 101 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173), is
amended by striking subsection (g).
SEC. 4. FULL REIMBURSEMENT FOR QUALIFIED RETIREE PRESCRIPTION DRUG
PLANS.
(a) Elimination of True Out-Of-Pocket Limitation.--Section 1860D-
2(b)(4)(C)(ii) of the Social Security Act, as added by section 101(a)
of the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173), is amended--
(1) by inserting ``under a qualified retiree prescription
drug plan (as defined in section 1860D-22(a)(2)),'' after
``under section 1860D-14,''; and
(2) by inserting ``, under such a qualified retiree
prescription drug plan,'' after ``(other than under such
section'' .
(b) Equalization of Subsidies.--Notwithstanding any other provision
of law, the Secretary of Health and Human Services shall provide for
such increase in the special subsidy payment amounts under section
1860D-22(a)(3) of the Social Security Act, as added by section 101(a)
of the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173), as may be appropriate to provide for
payments in the aggregate equivalent to the payments that would have
been made under section 1860D-15 of such Act if the individuals were
not enrolled in a qualified retiree prescription drug plan. In making
such computation, the Secretary shall not take into account the
application of the amendments made by section 1202 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003.
SEC. 5. REPEAL OF COMPARATIVE COST ADJUSTMENT (CCA) PROGRAM.
Subtitle E of title II of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173), and
the amendments made by such subtitle, are repealed.
SEC. 6. REPEAL OF MA REGIONAL PLAN STABILIZATION FUND.
(a) In General.--Section 1858 of the Social Security Act, as added
by section 221(c) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173), is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively; and
(3) in subsection (e), as so redesignated, by striking
``subject to subsection (e),''.
(b) Conforming Amendment.--Section 1851(i)(2) of the Social
Security Act (42 U.S.C. 1395w-21(i)(2)), as amended by section
221(d)(5) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173), is amended by striking
``1858(h)'' and inserting ``1858(g)''.
SEC. 7. REPEAL OF COST CONTAINMENT PROVISIONS.
Subtitle A of title VIII of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173) is
repealed and any provisions of law amended by such subtitle are
restored as if such subtitle had not been enacted. | Preserving Medicare for All Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to repeal provisions prohibiting the Secretary of Health and Human Services from interfering with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors and from requiring a particular formulary to institute a price structure for the reimbursement of covered Medicare part D drugs.
Includes for the Medicare part D (Voluntary Prescription Drug Benefit Program) eligible individual as a choice of coverage, in addition to the current choice of coverage in at least two qualifying plans in the area in which the individual resides, a choice of enrollment in a nationwide prescription drug plan offered by the Secretary (to replace enrollment in a fallback prescription drug plan in any case in which such plans are not available).
Directs the Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, to take such steps as may be necessary to qualify and serve as a prescription drug plan sponsor and to offer a prescription drug plan that offers basic prescription drug coverage throughout the United States and has a premium of $35 for 2006.
Requires such a plan to be in addition to, and not in lieu of, other prescription drug plans offered.
Provides for full reimbursement for employers for the cost of qualified retiree drug coverage and permits their costs to count towards senior's catastrophic limits.
Abolishes the comparative cost adjustment program.
Eliminates the MA Regional Plan Stabilization Fund.
Repeals cost containment provisions. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to provide additional beneficiary protections."} | 1,795 | 343 | 0.607662 | 1.696642 | 0.756442 | 4.063545 | 5.197324 | 0.87291 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Background Security Records Act of
1996''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The procedures used by the White House and the Federal
Bureau of Investigation to protect the privacy and security of
records containing sensitive background security information
have been inadequate to provide that protection.
(2) Under chapter 22 of title 44, United States Code,
popularly known as the ``Presidential Records Act of 1978'',
upon the conclusion of a President's term of office the
Archivist of the United States assumes responsibility for all
Presidential records, including records that were provided by
the Federal Bureau of Investigation and that contain sensitive
background security information on individuals having access to
the White House.
(3) The Archivist is required to deposit all such
Presidential records in a Presidential archival depository or
other archival facility. Thereafter, the records are not
readily available to an incoming President for use to review
the security of individuals who have a continuing need for
access to the White House, including permanent employees of the
White House.
(4) After deposit in a Presidential archival depository or
other archival facility, such records and the sensitive
background information they contain are eventually available to
researchers, cannot be restricted from the public for more than
12 years, and therefore are not afforded the level of privacy
and security which are appropriate for these sensitive records.
(5) To request such files from the Federal Bureau of
Investigation or to otherwise review the security of
individuals who have a continuing need for access to the White
House, the White House needs accurate lists of all individuals
employed by, detailed to, or otherwise having a continuing need
for access to the White House.
(b) Purpose.--The purpose of this Act is to ensure that Federal
Bureau of Investigation records containing sensitive background
security information that are provided to the White House are properly
protected for privacy and security.
SEC. 3. SPECIAL PROTECTIONS FOR FEDERAL BUREAU OF INVESTIGATION
BACKGROUND SECURITY RECORDS PROVIDED TO THE WHITE HOUSE.
(a) Special Treatment Under Presidential Records Act of 1978.--
Chapter 22 of title 44, United States Code, popularly known as the
``Presidential Records Act of 1978'', is amended in section 2202 by
adding at the end the following new subsection:
``(g)(1) Any record provided by the Federal Bureau of Investigation
to the White House for the purpose of providing background security
information on any person--
``(A) shall not be a Presidential record for purposes of
subsection (f); and
``(B) upon the conclusion of a President's term of office,
or if a President serves consecutive terms upon the conclusion
of the last term--
``(i) except as provided in clause (ii), shall be
returned to the Federal Bureau of Investigation; and
``(ii) in the case of a record that was provided by
the Federal Bureau of Investigation for the purpose of
providing background security information on an
individual who the President determines continues to
have a need for access to the White House, shall be
maintained at the White House in accordance with
regulations prescribed by the Director of the Federal
Bureau of Investigation.
``(2) The Secretary of the Treasury shall maintain and periodically
provide to the President and the Director of the Federal Bureau of
Investigation, accurate lists of individuals who are employed in or
detailed to the White House.
``(3) For purposes of this subsection, the term `White House' means
any of the following:
``(A) The White House Office.
``(B) The Office of Administration in the Executive Office
of the President.
``(C) The Office of Policy Development.
``(D) The Office of National Drug Control Policy.
``(E) Any other office located on the White House
grounds.''.
(b) Special Requirements Under Privacy Act.--Section 552a of title
5, United States Code, popularly known as the ``Privacy Act'', is
amended by adding at the end the following new subsection:
``(w)(1) Any record provided by the Federal Bureau of Investigation
to the White House for the purpose of providing background security
information on a person shall be maintained at the White House as a
Federal Bureau of Investigation record, in accordance with all laws
applicable to such a record and regulations prescribed by the Director
of the Federal Bureau of Investigation.
``(2) No record containing sensitive background information on a
person shall be disclosed by the Federal Bureau of Investigation to the
White House unless--
``(A) the request for such record is in writing and
contains--
``(i) the consent of that person given within 30
days of the date of the request;
``(ii) a statement of the reason the record is
being requested; and
``(iii) a certification by the person who signs the
request that the information will be used only for
official purposes; and
``(B) the request for such records is approved and signed
by--
``(i) the Counsel to the President; or
``(ii) an individual employed in the Counsel's
office who has been specifically designated for that
purpose and whose identity and qualifications for that
purpose have been published in the Federal Register.
``(3) The requirements of this subsection may be waived only in
extraordinary circumstances, and upon a written request provided to the
Director of the Federal Bureau of Investigation and signed by the
President or the Counsel to the President and the Attorney General.
``(4) The Director of the Federal Bureau of Investigation shall
issue regulations to implement the requirements of this section.
``(5) For purposes of this subsection, the term `White House' means
any of the following:
``(A) The White House Office.
``(B) The Office of Administration in the Executive Office
of the President.
``(C) The Office of Policy Development.
``(D) The Office of National Drug Control Policy.
``(E) Any other office located on the White House
grounds''. | Background Security Records Act of 1996 - Amends the Presidential Records Act of 1978 to direct that any record provided by the Federal Bureau of Investigation (FBI) to the White House for providing background security information on any individual shall: (1) not be a presidential record; and (2) upon the conclusion of a President's term of office or upon conclusion of the last term, such record shall be returned to the FBI, subject to an exception.
Requires the Secretary of the Treasury to maintain and periodically provide to the President and the FBI Director accurate lists of individuals who are employed in or detailed to the White House.
Amends the Privacy Act to require that any record provided by the FBI to the White House for providing background security information on an individual shall be maintained at the White House as an FBI record. Prohibits disclosure of a record containing sensitive background information on an individual by the FBI to the White House, except as specified. | {"src": "billsum_train", "title": "Background Security Records Act of 1996"} | 1,323 | 196 | 0.636202 | 1.622073 | 0.703468 | 4.252688 | 7.053763 | 0.897849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Racial Justice Act of 1993''.
SEC. 2. PROHIBITION OF DEATH PENALTY IN DISPROPORTIONATE PATTERN.
(a) In General.--A government shall not impose or carry out the
penalty of death in criminal cases in a racially disproportionate
pattern. An individual shall not be put to death in execution of a
death sentence imposed under law administered in violation of this
subsection.
(b) Disproportionate Pattern.--For purposes of subsection (a), a
racially disproportionate pattern occurs when the penalty of death is
imposed--
(1) more frequently upon persons of one race than upon
persons of other races convicted of crimes for which such
penalty may be imposed; or
(2) more frequently as punishment for crimes against
persons of one race than as punishment for crimes against
persons of another race;
and the greater frequency is not explained by relevant nonracial
circumstances.
SEC. 3. PROOF REQUIREMENTS.
(a) Establishing Pattern.--To establish that a racially
disproportionate pattern exists for the purposes of this Act--
(1) ordinary methods of statistical proof suffice; and
(2) it shall not be necessary to show discriminatory
motive, intent, or purpose on the part of any individual or
institution.
(b) Prima Facie Case.--To establish a prima facie showing that a
racially disproportionate pattern exists for purposes of this Act, it
suffices to show that death sentences are being imposed or executed--
(1) upon persons of one race with a frequency that is
disproportioned to their representation among the total numbers
of persons arrested for, charged with, or convicted of, death
eligible crimes; or
(2) as punishment for crimes against persons of one race
with a frequency that is disproportioned to their
representation among the numbers of persons against whom death
eligible crimes have been the subject of arrests, charges, or
convictions.
(c) Rebuttal of Prima Facie Case.--To rebut a prima facie showing
of a racially disproportionate pattern, a government must establish by
clear and convincing evidence that identifiable and pertinent
nondiscriminatory factors persuasively explain the observable racial
disparities comprising the disproportion.
SEC. 4. DATA ON DEATH PENALTY CASES.
(a) Designation of Central Agency.--Any State or Federal entity
that provides by law for death to be imposed as a punishment for any
crime shall designate a central agency to collect and maintain
pertinent data on the charging, disposition, and sentencing patterns
for all cases of death-eligible crimes.
(b) Form for Data.--The central agency so designated shall devise
and distribute to every local official or agency responsible for the
investigation or prosecution of death-eligible crimes a standard form
to collect pertinent data.
(c) Preparation of Data by Local Officials.--Each local official
responsible for the investigation or prosecution of death-eligible
crimes shall complete a standard form on every case of death-eligible
crime and shall transmit it to the central agency no later than three
months after the disposition of each such case whether that disposition
is by dismissal of charges, reduction of charges, acceptance of a plea
of guilty to the death-eligible crime or to another crime, acquittal,
conviction, or any decision not to proceed with prosecution.
(d) Police and Investigative Report.--In addition to the standard
form, the local official or agency shall transmit to the central agency
one copy of all police and investigative reports made in connection
with each case of death-eligible crime.
(e) Other Duties of Central Agency.--The central agency shall
affirmatively monitor compliance with this section by local officials
and agencies. It shall maintain all standard forms, compile and index
all information contained in the forms, and make both the forms and the
compiled information publicly available. The compiled information shall
be made publicly available in machine readable form. The central agency
shall also maintain a centralized, alphabetically indexed file of all
police and investigative reports transmitted to it by local officials
or agencies in every case of death-eligible crime. It shall allow
access to its file of police and investigative reports to counsel of
record for any person charged with any death-eligible crime or
sentenced to death who has made, or intends to make, a claim under
section 2; and it may also allow access to this file to other persons.
SEC. 5. LEGAL COUNSEL.
(a) Requirement.--In any action brought in a court of the United
States within the jurisdiction conferred by sections 2241, 2254, or
2255 of title 28, United States Code, in which any person raises a
claim under section 2--
(1) the court shall appoint counsel for any such person who
is financially unable to retain counsel; and
(2) the court shall furnish investigative, expert or other
services necessary for the adequate development of the claim to
any such person who is financially unable to obtain such
services.
(b) Nonapplication of Presumption of Correctness.--Notwithstanding
section 2254 of title 28, United States Code, no determination on the
merits of a factual issue made by a State court pertinent to any claim
under section 2 shall be presumed to be correct unless--
(1) the State is in compliance with section 4;
(2) the determination was made in a proceeding in a State
court in which the person asserting the claim was afforded
rights to the appointment of counsel and to the furnishing of
investigative, expert, and other services necessary for the
adequate development of the claim which were substantially
equivalent to those provided by subsection (a); and
(3) the determination is one which is otherwise entitled to
be presumed to be correct under the criteria specified in
section 2254.
SEC. 6. DEFINITIONS.
As used in this Act--
(1) the term ``pertinent data'' means the data to be
collected in the standard form as designated by the central
agency. Such term includes, at a minimum--
(A) pertinent demographic information on all
persons charged with the crime and all victims
(including race, sex, age, and national origin);
(B) information on the principal features of the
crime;
(C) information on the aggravating and mitigating
factors of the crime, and on the background and
character of every person charged with the crime; and
(D) a narrative summary of the crime;
(2) the term ``case of death-eligible crime'' means a case
in which the complaint, indictment, information, or any other
initial or later charging paper charges any person with a crime
for which the punishment of death is authorized to be imposed
under any circumstances upon conviction.
SEC. 7. CLAIMS BEFORE ENACTMENT NOT BARRED.
A person is not barred from raising a claim under section 2 on the
ground of having failed to raise or to prosecute the same or a similar
claim before the date of enactment of this Act, not by reason of any
adjudication before this date. | Racial Justice Act of 1993 - Prohibits: (1) a government from imposing or carrying out the death penalty in a racially disproportionate pattern; and (2) an individual from being put to death in execution of a death sentence imposed under law administered in violation of such provision.
Specifies that ordinary methods of statistical proof suffice to establish that a racially disproportionate pattern exists and that it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution.
Establishes the requirements for a prima facie showing that a racially disproportionate pattern exists. States that such a showing may be rebutted by establishing by clear and convincing evidence that identifiable and pertinent nondiscriminatory factors persuasively explain the observable racial disparities comprising the disproportion.
Requires any State or Federal entity that provides for the imposition of the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs the central agency to affirmatively monitor compliance by local officials and agencies.
Provides for the appointment of counsel for all indigent clients (and the furnishing of investigative and other services) for habeas corpus actions arising under this Act. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim of racially disproportionate pattern shall be presumed to be correct unless: (1) the State is in compliance with requirements of this Act concerning the collection and maintenance of death penalty data; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to appointment of counsel and to the furnishing of investigative, expert, and other services necessary for the adequate development of the claim; and (3) the determination is one which is otherwise entitled to be presumed to be correct under specified criteria.
States that the failure to raise such a claim before the enactment of this Act shall not bar future claims. | {"src": "billsum_train", "title": "Racial Justice Act of 1993"} | 1,573 | 463 | 0.708457 | 2.60057 | 0.932787 | 5.645833 | 3.692708 | 0.921875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detectives Nemorin and Andrews Anti-
Gun Trafficking Act of 2008''.
SEC. 2. ILLEGAL GUN TRAFFICKING.
Section 924 of title 18, United States Code, is amended by adding
at the end the following:
``(q) Whoever, in or affecting interstate or foreign commerce in
violation of subsection (a)(1)(A), (a)(3), (a)(6), (b)(2), (b)(3),
(b)(5), (d), (g), (i), (j), (k), (m), or (n) of section 922 or
subsection (c) or (h) of this section--
``(1) offers for sale, transfer, or barter 2 or more
firearms, at least 2 of which are handguns, semiautomatic
assault weapons, short-barreled shotguns, short-barreled
rifles, or machineguns; and
``(2) at least 1 of the firearms--
``(A) is transported, received, or possessed by the
person, and--
``(i) is stolen; or
``(ii) has had the importer's or
manufacturer's serial number removed,
obliterated, or altered; or
``(B) is offered by the person for sale, transfer,
or barter to another person who--
``(i) is prohibited from possessing a
firearm under subsection (g) or (n) of section
922;
``(ii) is prohibited by State law from
possessing a firearm;
``(iii) has not attained 18 years of age,
except as otherwise allowed under Federal or
State law;
``(iv) is in a school zone; or
``(v) has travelled from any State into any
other State, and acquires or attempts to
acquire the firearm otherwise in violation of
Federal or State law,
shall be fined under this title, imprisoned not more than 20 years, or
both.''.
SEC. 3. EXPANSION OF PROJECT SAFE NEIGHBORHOODS.
Section 104 of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273) is amended--
(1) in subsection (a), by inserting ``, illegal gun
trafficking,'' after ``violence'' ; and
(2) in subsection (b), by striking ``2002'' and inserting
``2008''.
SEC. 4. REPORT TO THE CONGRESS.
Beginning in calendar year 2008, the Attorney General shall submit
biennially to the Congress a written report, covering the preceding 2
years, which specifies--
(1) the State of origin for each firearm, used in a crime,
that was traced by the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, and the State in which the firearm was
recovered;
(2) the total number of firearms so traced, by
manufacturer, model, and type of firearm;
(3) the name of Federal firearms licensees who have had
more than 5 firearms, used in a crime, traced back to them in a
single year; and
(4) the number of prosecutions for each individual offense
under sections 922, 923, and 924 of title 18, United States
Code.
SEC. 5. ADDITIONAL PENALTY FOR POSSESSION OF A STOLEN FIREARM DURING
THE COMMISSION OF A FELONY.
Section 924 of title 18, United States Code, as amended by section
2 of this Act, is amended by adding at the end the following:
``(r) Whoever, during and in relation to the commission of a crime
punishable by imprisonment for a term exceeding 1 year, receives,
possesses, conceals, barters, sells, or disposes of any stolen firearm
or stolen ammunition, in or affecting interstate or foreign commerce,
whether or not the person is aware that the firearm or ammunition is
stolen, shall, in addition to the punishment provided for the crime so
punishable, be sentenced to a term of imprisonment of not more than 5
years.''.
SEC. 6. NATIONAL CRIME INFORMATION CENTER STOLEN GUN FILE.
(a) Availability.--The Federal Bureau of Investigation shall make
available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives
the National Crime Information Center Gun File for the purpose of
enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to
access the file while completing a crime gun trace.
(b) Use.--The Bureau of Alcohol, Tobacco, Firearms, and Explosives
shall conduct a search of the National Crime Information Center Stolen
Gun File with respect to each firearm submitted to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives for tracing.
(c) Notification Regarding Stolen Firearms.--If a law enforcement
agency requests the Bureau of Alcohol, Tobacco, Firearms, and
Explosives to trace a firearm, and the National Crime Information
Center Stolen Gun File indicates that the firearm is stolen, then the
Bureau of Alcohol, Tobacco, Firearms, and Explosives shall notify the
law enforcement agency of that information and provide the law
enforcement agency with any available information regarding the owner
of the firearm.
(d) Return of Stolen Firearms Possessed by BATFE.--If the Bureau of
Alcohol, Tobacco, Firearms, and Explosives possesses a firearm which
the National Crime Information Center Stolen Gun File indicates is
stolen, the Bureau shall return the firearm to the person who reported
the firearm stolen, when the Bureau determines that--
(1) the firearm is no longer needed for Federal, State, or
local criminal investigation or evidentiary purposes; and
(2) the person is entitled to possess the firearm.
(e) National Instant Stolen Gun Check System.--
(1) Establishment.--Within 2 years after the date of the
enactment of this Act, the Attorney General shall establish a
national instant stolen gun check system that any licensee may
contact, by telephone or other electronic means, for
information to be supplied immediately on whether a firearm to
be received by the licensee is stolen.
(2) Instant check of status of firearms to be transferred
to certain federal firearms licensees by non-licensees.--If the
national instant stolen gun check system is contacted by a
licensee for information on whether a firearm to be received by
the licensee is stolen, the system shall, as soon as is
practicable--
(A) conduct a search of the National Crime
Information Center Stolen Gun File for information
about the firearm; and
(B) inform the licensee whether the information
available to the system indicates that the firearm is
stolen.
(3) Notification of licensees.--On establishment of the
national instant stolen gun check system under this subsection,
the Attorney General shall notify each licensee and the chief
law enforement officer of each State of the existence and
purpose of the system and the means to be used to contact the
system.
(4) Permanent retention of records.--The national instant
stolen gun check system shall create and maintain permanently a
record of each contact of the system, and all information
provided to or by the system during the contact.
(5) Definitions.--In this section:
(A) Licensee.--The term ``licensee'' means a
licensed dealer (as defined in section 921(a)(11) of
title 18, United States Code), licensed importer (as
defined in section 921(a)(9) of such title), or
licensed manufacturer (as defined in section 921(a)(10)
of such title).
(B) Firearm.--The term ``firearm'' has the meaning
given in section 921(a)(3) of title 18, United States
Code.
(f) Federal Firearms Licensee Required To Contact National Instant
Stolen Gun Check System Before Receiving Firearm From Non-Licensee.--
(1) In general.--Section 922(s) of title 18, United States
Code, is amended to read as follows:
``(s)(1) Beginning on the date that is 30 days after the Attorney
General notifies licensees under section 6(e)(3) of the Detectives
Nemorin and Andrews Anti-Gun Trafficking Act of 2008 that the national
instant stolen gun check system is established, a licensed importer,
licensed manufacturer, or licensed dealer shall not receive a firearm
from any person who is not licensed under this chapter, unless--
``(A) the licensee has verified the identity of the person
by examining a valid identification document (as defined in
section 1028(d) of this title) of the person that satisfies the
requirements of section 202 of the REAL ID Act of 2005;
``(B) the licensee has contacted the national instant
stolen gun check system established under subsection (e) of
such section 6, and provided the system with--
``(i) the name and address of the person;
``(ii) a description of the identification document
referred to in subparagraph (A) of this paragraph,
including the number appearing on the document; and
``(iii) the name of the manufacturer, and the
caliber and serial number, of the firearm; and
``(C)(i) the system has provided the licensee with a unique
identification number; or
``(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee contacted the
system, and the system has not notified the licensee that the
firearm is stolen.
``(2) If the system determines that the information available to
the system does not indicate that the firearm is stolen, the system
shall--
``(A) assign a unique identification number to the
transaction; and
``(B) provide the licensee with the number.
``(3) If the system notifies the licensee that the information
available to the system indicates that the firearm is stolen, the
licensee shall contact the Bureau of Alcohol, Tobacco, Firearms, and
Explosives or another law enforcement agency having jurisdiction over
possession of stolen firearms in the dealer's location and shall comply
with the instructions of any such agency concerning the disposition of
the firearm, the gathering of information relating to the offeror of
the firearm, and other assistance in the removal of the firearm from
the stream of commerce.
``(4) If the licensee knowingly receives the firearm from the
person and knowingly fails to comply with paragraph (1) with respect to
the receipt and, at the time of the receipt, the system was operating
and information was available to the system indicating that the firearm
was stolen, the Attorney General may, after notice and opportunity for
a hearing, suspend for not more than 6 months or revoke any license
issued to the licensee under section 923, and may impose on the
licensee a civil fine of not more than $5,000.
``(5)(A) This subsection shall not be interpreted to limit any
exercise of authority under subsection (d)(1)(C) or (e) of section 923.
``(B) In the event of a conflict between the provisions of this
subsection and a rule or regulation issued under section 923(j), the
provisions of this subsection shall control.''.
(2) Recordkeeping requirement.--Section 923(g)(1)(A) of
such title is amended by inserting after the 1st sentence the
following: ``In the case of the receipt of a firearm pursuant
to section 922(s), in addition to the requirements of such
regulations, the importer, manufacturer, or dealer shall retain
a record of the information described in section 922(s)(1)(B),
a copy of the identification document referred to in section
922(s)(1)(A), and a record of the unique identification number
provided to the licensee pursuant to section 922(s)(1)(C), with
respect to the transaction.''.
SEC. 7. ADDITIONAL PENALTY FOR POSSESSION OF A FIREARM WITH AN
OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A
FELONY.
Section 924 of title 18, United States Code, as amended by sections
2 and 5 of this Act, is amended by adding at the end the following:
``(s) Whoever, during and in relation to the commission of a crime
punishable by imprisonment for a term exceeding 1 year, transports,
possesses, or receives, in or affecting interstate or foreign commerce,
a firearm which has had the importer's or manufacturer's serial number
removed, obliterated, or altered, regardless of whether or not the
person is aware of the removal, obliteration, or alteration, shall, in
addition to the punishment provided for the crime so punishable, be
sentenced to a term of imprisonment of not more than 5 years.''.
SEC. 8. ENHANCED PENALTIES FOR THE USE OF A STOLEN FIREARM OR A FIREARM
WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION
OF A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.
Section 924(c)(1)(A) of title 18, United States Code, is amended--
(1) in clause (i), by inserting ``, or if the firearm was
stolen or had the manufacturer's serial number removed,
obliterated, or altered, not less than 7 years'' after
``years'';
(2) in clause (ii), by inserting ``, or if the firearm was
stolen or had the manufacturer's serial number removed,
obliterated, or altered, not less than 9 years'' after
``years''; and
(3) in clause (iii), by inserting ``, or if the firearm was
stolen or had the manufacturer's serial number removed,
obliterated, or altered, not less than 12 years'' after
``years''. | Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2008 - Amends the federal criminal code to: (1) impose a fine and/or prison term of up to 20 years for the sale, transfer, or barter of a stolen firearm or a firearm with an altered serial number or for the sale of such firearms to persons prohibited from possessing them; (2) impose an additional five-year prison term for possession of a stolen or altered firearm during the commission of a felony; (3) require licensed firearms importers, manufacturers, or dealers to contact the national instant stolen gun check system before receiving firearms from any unlicensed person; and (4) increase criminal penalties for the use of a stolen or altered firearm during the commission of a crime of violence or drug trafficking crime.
Amends the 21st Century Department of Justice Appropriations Authorization Act to: (1) include illegal gun trafficking in Department of Justice (DOJ) programs to combat violations of federal firearms laws; and (2) authorize appropriations for FY2008 to hire additional assistant U.S. attorneys.
Directs the Federal Bureau of Investigation (FBI) to make the National Crime Information Center Gun File available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to complete crime gun traces. Requires the ATF to: (1) notify law enforcement agencies of information relating to stolen firearms; and (2) return stolen firearms to persons who reported them as stolen.
Requires the Attorney General to establish a national instant stolen gun check system. | {"src": "billsum_train", "title": "To combat illegal gun trafficking, and for other purposes."} | 3,162 | 343 | 0.478975 | 1.429008 | 0.760366 | 3.356164 | 9.458904 | 0.876712 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microcredit for Self-Sufficiency Act
of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) More than 1,000,000,000 people in the developing world
are living in severe poverty.
(2) According to the United Nations Children's Fund, the
mortality for children under the age of 5 is 10 percent in all
developing countries and nearly 20 percent in the poorest
countries.
(3) Nearly 33,000 children die each day from malnutrition
and disease which is largely preventable.
(4)(A) Women in poverty generally have larger work loads
and less access to educational and economic opportunities than
their male counterparts.
(B) Directly aiding the poorest of the poor, especially
women, in the developing world has a positive effect not only
on family incomes, but also on child nutrition, health, and
education, since women tend to reinvest income in their
families.
(5)(A) The poor in the developing world, particularly
women, generally lack stable employment and social safety nets.
(B) Many women turn to self-employment to generate a
substantial portion of their livelihood.
(C) These poor entrepreneurs are often trapped in poverty
because they cannot obtain credit at reasonable rates to build
their asset base or expand their otherwise viable self-
employment activities.
(D) Many of the poor are forced to pay interest rates as
high as 10 percent per day to money lenders.
(6)(A) On February 2-4, 1997, an international Microcredit
Summit was held in Washington, D.C., to launch a plan to expand
access to credit for self-employment and other financial and
business services to 100,000,000 of the world's poorest
families, especially the women of those families, by 2005.
(B) With an average of 5 people to a family, achieving this
goal will mean that the benefits of microcredit will reach
nearly half of the world's more than 1,000,000,000 absolute
poor.
(7)(A) The poor are able to expand their incomes and their
businesses dramatically when they have access to loans at
reasonable interest rates.
(B) Through the development of self-sustaining microcredit
programs, poor people themselves can lead the fight against
hunger and poverty.
(8)(A) Nongovernmental organizations such as the Grameen
Bank, Accion International, and the Foundation for
International Community Assistance (FINCA) have been successful
in lending directly to the very poor.
(B) These institutions generate repayment rates averaging
95 percent or higher.
(9)(A) Microcredit institutions not only reduce poverty,
but also reduce the dependency on foreign assistance.
(B) Interest income on a credit portfolio can be used to
pay recurring institutional costs, assuring that the long-term
development is sustained.
(10) Microcredit institutions leverage foreign assistance
resources because loans are recycled, generating new benefits
to program participants.
(11) The development of sustainable microcredit
institutions that provide credit and training, and mobilize
domestic savings, are critical to a global strategy of poverty
reduction and broad-based economic development.
(12)(A) In 1994, AID launched a Microenterprise Initiative
in consultation with Congress.
(B) The Initiative was committed to expanding funding for
AID's microenterprise programs, provided funding of
$137,000,000 for fiscal year 1994, and set a goal that, by the
end of fiscal year 1996, half of all microenterprise resources
would support programs and institutions providing credit to the
poorest with loans under $300.
(C) In fiscal year 1996, total funding for microenterprise
activities fell to $111,000,000 of which only 39 percent was
used for programs benefiting the poorest with loans under $300.
(D) Increased investment in microcredit institutions
serving the poorest is critical to achieving the Microcredit
Summit's goal.
(E) AID's funding for microenterprise activities in the
developing world should be expanded to $160,000,000 for fiscal
year 1999 to parallel the growing capacity of microcredit
institutions in the developing world.
(13) Providing the United States share of the global
investment needed to achieve the goal of the Microcredit Summit
will require only a modest increase in United States funding
for international microcredit programs, with an increased focus
on institutions serving the poorest.
(14)(A) In order to reach tens of millions of the poorest
with microcredit, it is crucial to expand and replicate
successful microcredit institutions.
(B) Microcredit institutions need assistance in developing
their institutional capacity to expand their services and tap
commercial sources of capital.
(15) PVOs and other nongovernmental organizations have
demonstrated competence in developing networks of local
microcredit institutions that can reach large numbers of the
very poor, and help the very poor achieve financial
sustainability.
(16) Since AID has developed very effective partnerships
with PVOs and other nongovernmental organizations, AID should
place a priority on investing in PVOs and other nongovernmental
organizations through AID's central funding mechanisms.
(17) By expanding and replicating successful microcredit
institutions, AID should be able to assure the creation of a
global infrastructure to provide financial services to the
world's poorest families.
(18)(A) AID can provide leadership among bilateral and
multilateral development aid agencies as such agencies expand
their support of microenterprise for the poorest.
(B) AID should seek to improve the coordination of efforts
at the operational level to promote the best practices for
providing financial services to the poor and to ensure that
adequate institutional capacity is developed.
(b) Purposes.--The purposes of this Act are--
(1) to provide for the continuation and expansion of AID's
commitment to develop microcredit institutions;
(2) to make microenterprise development the centerpiece of
the overall economic growth strategy of AID;
(3) to support and develop the capacity of United States
PVOs, and other international nongovernmental organizations to
provide credit, savings, and training services to
microentrepreneurs; and
(4) to increase the amount of assistance devoted to
providing access to credit for the poorest sector in developing
countries, particularly women.
SEC. 3. DEFINITIONS.
In this Act:
(1) AID.--The term ``AID'' means the United States Agency
for International Development.
(2) Microcredit, microenterprise, poverty lending; poverty
lending portion of mixed programs; mixed programs.--The terms
``microcredit'', ``microenterprise'', ``poverty lending portion
of mixed programs'', and ``mixed programs'' have the meaning
given such terms under the 1994 Microenterprise Initiative of
AID.
(3) PVOs and other nongovernmental organizations.--The term
``PVOs and other nongovernmental organizations'' means--
(A) private voluntary organizations (including
cooperative organizations), and
(B) international, regional, or national
nongovernmental organizations,
that are active in the region or country where the project is
located and that have the capacity to develop and implement
microenterprise programs that are oriented toward working
directly with the poor, especially the poorest and women.
SEC. 4. MICROENTERPRISE ASSISTANCE.
(a) Authorization.--
(1) In general.--The President, acting through the
Administrator of AID, is authorized to establish programs to
provide credit and other assistance for microenterprises in
developing countries.
(2) Use of pvos and other nongovernmental organizations.--
Programs to provide credit for microenterprises and related
activities under this section shall be carried out primarily by
United States PVOs and other United States and indigenous
nongovernmental organizations, including credit unions, cooperative
organizations, and other private financial intermediaries.
(b) Eligibility Criteria.--The Administrator of AID shall establish
criteria for determining which entities described in subsection (a)(2)
are eligible to carry out the purposes described in section 2(b). Such
criteria shall include the following:
(1) The extent to which the recipients of credit from the
entity lack access to the local formal financial sector.
(2) The extent to which the recipients of credit from the
entity are among the poorest people in the country.
(3) The extent to which the entity is oriented toward
working directly with poor women.
(4) The extent to which the entity is implementing a plan
to become financially self-reliant by charging realistic
interest rates to its borrowers.
(c) Funding Levels for Fiscal Year 1999.--
(1) In general.--Of the amounts made available to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), not less than $160,000,000 of the funds
made available for fiscal year 1999 shall be used to provide
assistance under this Act. The funds authorized under the
preceding sentence shall be in addition to any funds made
available in fiscal year 1999 for microenterprise activities in
the former Soviet Union and Eastern Europe pursuant to the
FREEDOM Support Act and any funds for special assistance
initiatives within Europe, the newly independent states of the
Former Soviet Union, Asia, and the Near East.
(2) Additional requirements.--
(A) Poverty lending.--Of the funds made available
under paragraph (1), not less than $80,000,000 shall be
used to support poverty lending.
(B) Support of pvos and other nongovernmental
organizations.--Of the funds made available under
paragraph (1), not less than $35,000,000 shall be
provided through the central funding mechanisms of AID
for support of United States PVOs and United States and
indigenous nongovernmental organizations.
(C) Matching grant program.--Of the funds made
available under paragraph (1), not less than
$10,000,000 shall be used for the private voluntary
organizations matching grant program of AID for support
of United States PVOs.
(3) Definitions.--For purposes of this subsection--
(A) To support poverty lending.--The term ``to
support poverty lending'' means--
(i) funds lent to members of the poverty
target population (as defined in subparagraph
(B)) in low-income countries in amounts
equivalent to $300 or less in 1997 United
States dollars; and
(ii) funds used for institutional
development of an entity described in
subsection (a)(2), that is engaged in--
(I) making loans of $300 or less in
1997 United States dollars to members
of the poverty target population; or
(II) the poverty lending portion of
a mixed program.
(B) Poverty target population.--The term ``poverty
target population'' means the poorest 50 percent of
those individuals living below the poverty line,
defined by the national government of the foreign
country to which funds are being provided.
SEC. 5. PROGRAM PERFORMANCE CRITERIA.
(a) Strengthening of Appropriate Mechanisms.--The Administrator of
AID shall--
(1) strengthen appropriate mechanisms, including mechanisms
for central microenterprise programs, for the purpose of
strengthening the institutional development of the entities
described in section 4(a)(2); and
(2) develop and strengthen appropriate mechanisms for the
purpose of gathering and disseminating the best practice for
targeting microcredit to the poorest segment of the population.
(b) Monitoring System.--In order to sustain the impact of the
assistance authorized under section 4, the Administrator of AID shall
establish a monitoring system that--
(1) establishes performance goals for such assistance and
expresses such goals in an objective and quantifiable form;
(2) establishes performance systems or indicators to
measure the extent to which projects are achieving such goals;
and
(3) provides a basis for recommendations for adjustments to
such assistance to enhance the benefit of such assistance for
the very poor, particularly women.
(c) Additional Monitoring Requirements.--As a part of the
monitoring system established under subsection (b), the Administrator
of AID--
(1) using data provided by lending institutions, shall
monitor the actual amount of microenterprise credit and the
number of loans made available to the poverty target population
as a result of each project or program carried out pursuant to
this Act;
(2) using data provided by lending institutions, shall
monitor the amount of funding provided pursuant to this Act
which is allocated to organizations engaged in making loans of
under $300 to the poverty target population, or to the poverty
lending portion of mixed programs;
(3) shall report to Congress annually on the progress in
implementing AID's institutional plan of action to achieve the
Microcredit Summit goal of expanding access to credit and other
financial and business services to 100,000,000 of the world's
poorest families, especially the women in those families, by
2005; and
(4) shall include a summary of the information collected
under paragraphs (1) and (2) in AID's annual presentation to
Congress. | Microcredit for Self-Sufficiency Act of 1998 - Authorizes the President to establish programs to provide through U.S. private voluntary organizations (PVOs) and other U.S. and indigenous nongovernmental organizations and credit institutions credit and other assistance for microenterprises in developing countries. Sets forth assistance eligibility criteria.
Authorizes funding allocations.
Directs the Administrator of the U.S. Agency for International Development (AID), in order to sustain the impact of such assistance, to establish a monitoring system that sets certain performance goals and provides a basis for recommendations for adjustments to enhance its benefit for the very poor, particularly women. | {"src": "billsum_train", "title": "Microcredit for Self Sufficiency Act of 1998"} | 2,739 | 139 | 0.383264 | 1.175464 | 0.566552 | 3.125 | 23.080357 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microfinance and Microenterprise
Enhancement Act of 2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A growing body of research shows that, where markets
are inclusive and income gaps are relatively small, growth
translates into poverty reduction much more quickly,
efficiently, and sustainably.
(2) Microenterprises, including smallholder and pastoral
farms, are important actors in most developing economies and
contribute significantly to employment generation, food
security, and family financial stability.
(3) Microfinance institutions and providers have played an
increasingly important role in enabling micro-entrepreneurs to
graduate from extreme poverty to sustainable living patterns
through financial services such as micro-credit, savings, and
micro-insurance, as well as skills development, business
mentoring, value-chain linkages, and facilitation of producer
groups.
(4) Congress has demonstrated its support for
microenterprise development assistance programs through the
enactment of three comprehensive microenterprise laws. Support
for microenterprise and microfinance remains a key tenet of
foreign assistance programs under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), including pursuant to the
following Acts:
(A) The Microenterprise for Self-Reliance Act of
2000 (title I of Public Law 106-309; 114 Stat. 1079).
(B) Public Law 108-31 (117 Stat. 775).
(C) The Microenterprise Results and Accountability
Act of 2004 (Public Law 108-484; 118 Stat. 3922).
(5) Microcredit alone is insufficient to sustainably reduce
poverty and facilitate inclusive economic growth. In addition
to access to credit, poor households need savings tools to
build assets, mitigate risks, increase social capital, enhance
skills, and integrate into competitive, growing value-chains,
as well as to access good-quality health and education
services.
(6) Over the last three decades, the United States Agency
for International Development has made microenterprise
development an important feature of its programming and has
continually sought to enhance the positive impact of
investments on poor households. In fiscal year 2010, the United
States Agency for International Development provided not less
than $262,000,000 in funding for microenterprise development in
at least 64 countries through at least 145 diverse implementing
partners, including private voluntary organizations,
nongovernmental organizations, banks and enterprise development
service providers, benefitting over 1,600,000
microentrepreneurs and 1,900,000 savers.
(7) New approaches are essential to keep pace with global
technology, not only to alleviate poverty, but also to
sustainably reduce poverty by linking poor households to
economic opportunities so that they can contribute to and
benefit from economic growth in their countries.
(8) Public funding for microfinance and microenterprise
should be available to benefit the poor in all countries, and,
in particular, among countries with a high concentration of the
very poor.
SEC. 3. SENSE OF CONGRESS ON TARGETED AND EFFECTIVE PROGRAMMING.
It is the sense of Congress that the United States Agency for
International Development should continue and expand programming in
microfinance that adheres to the following principles and basic
considerations:
(1) The United States Agency for International Development
should advance access to economic opportunities for very poor
and vulnerable populations, including orphans and vulnerable
children, single mothers, those affected by HIV/AIDS, those
affected by regional conflict, and the food insecure to ensure
that the poorest are included and benefit from broad-based
economic growth.
(2) To the greatest extent possible, the United States
Agency for International Development should set clear country
or regional funding targets based on greatest need, as
evidenced by poverty indicators and should strive to fill a gap
in unmet demand by the very poor for financial services.
(3) The United States Agency for International Development
should place special emphasis on aiding poor women, who
constitute a substantial portion of microentrepreneurs and who
face a wide range of disadvantages, as a means of promoting
financial self-reliance, empowering gender equality, including
land rights and access, and bringing a host of development
benefits to families through improved nutrition, health, and
education.
(4) The United States Agency for International Development
should ensure that providers of financial services benefitting
from United States Agency for International Development
assistance adhere to client protection principles, such as the
Client Protection Principles of the ``Smart Campaign'', and
take concrete steps to protect clients from potentially harmful
financial products and to support equitable and fair treatment,
including--
(A) avoidance of over-indebtedness;
(B) transparent and responsible pricing;
(C) appropriate collection practices;
(D) mechanisms for redress of grievances; and
(E) privacy of client data.
(5) The United States Agency for International Development
should encourage providers of financial services benefitting
from assistance programs to provide cost-effective services and
make steady progress toward full financial sustainability as a
means to achieve large-scale impact and institutional
viability, while also maintaining focus on their target
population of poor micro-entrepreneurs and smallholder farmers.
(6) The United States Agency for International Development
should strive to increase access to financial services to poor
and very poor, rural, and other underserved populations by
supporting a diverse range of financial intermediaries,
including nongovernmental organizations and private and state-
owned banks; postal and savings banks and savings and credit
cooperatives; voluntary savings associations; member-owned
community organizations; and other non-bank intermediaries,
such as mobile network operators, finance, and insurance
companies.
(7) The United States Agency for International Development
should promote and make use of existing technologies that show
promise for lowering costs, managing risks, and rapidly scaling
up access to financial products and services, including mobile
phones, smart phones, tablets, point-of-sale devices linked to
smart cards, automatic teller machines (ATMs), geographic
information system (GIS) mapping, and cloud computing, among
other information and communication technologies (ICT).
(8) The United States Agency for International Development
should make efforts to identify and support smaller, community-
led partner organizations, including local collectives and
consortia.
SEC. 4. SENSE OF CONGRESS ON EXPANDED INTEGRATED APPROACHES.
It is the sense of Congress that the next generation of programming
in microfinance and microenterprise development should advance
holistic, integrated strategies that focus on the myriad financial and
non-financial needs, including nutrition, health, and education, of
households, as well as the functioning of enterprises, markets, and
their inter-relationships in the economy.
SEC. 5. HOUSEHOLD-BASED APPROACHES.
(a) Responsive Financial Services.--The Administrator of the United
States Agency for International Development shall promote responsive
financial services to meet the diverse needs of poor households for
cash flow management and asset accumulation by supporting the
development of savings, remittances, and money transfer services.
(b) Consumption Smoothing, Risk Aggregation, and Mitigation.--The
Administrator of the United States Agency for International Development
shall promote tools that aggregate risks, mitigate shocks, and smooth
consumption, such as insurance and savings deposit services, so that
the poor can better manage, cope with, and recover from expected and
unexpected income fluctuations and crises like family emergencies and
crop failures.
(c) Partners.--The Administrator of the United States Agency for
International Development shall identify and support partners that
support informal savings-led and asset building approaches to
microfinance, including organizations that work to provide linkages
between savings-led groups to institutions in the formal financial
sector.
(d) Social Protection Programs.--Because some people are too poor
or otherwise unable to make use of microfinance or microenterprise
development services without special assistance to prepare them for
participation, the Administrator of the United States Agency for
International Development should identify and support organizations
that link social protection programs, including food assistance, cash
or asset transfers, life and livelihood skills development, and health
and nutrition education, with microfinance services, savings services,
and business development services. Such linkages should attempt to
enable poor people to stabilize food consumption, survive extreme
poverty, develop sustainable livelihoods, and take advantage of
economic opportunities.
SEC. 6. ENTERPRISE AND MARKET-BASED APPROACHES.
(a) Interventions.--The Administrator of the United States Agency
for International Development shall align household-level interventions
for the poor with interventions that catalyze more inclusive markets
and link the poor to expanding economic opportunities.
(b) Development of Financial Products.--The Administrator of the
United States Agency for International Development shall support the
development of a range of financial products adapted to the needs of
enterprises, including working capital for inputs, labor, and
production services; long-term asset finance; and agriculture, animal
husbandry, and rural enterprise loans. Such products should be provided
through a diversity of financing schemes, including financiers along
the value chain such as input suppliers, traders, and processors.
(c) Support for Agriculture Specific Tools.--The Administrator of
the United States Agency for International Development shall support
microfinance institutions and providers that are using agriculture-
specific tools, including--
(1) household profiling, crop analysis, and land mapping;
(2) diversification of loan portfolio to include a variety
of sectors and crops;
(3) linkages to extension and formal financial services;
and
(4) linking farmers to clients and larger supply chains.
(d) Linked Approaches.--To ensure that the poor are not left out of
economic growth strategies, the Administrator of the United States
Agency for International Development shall focus investments on linking
microenterprises into global, regional, and local value chains where
they have a comparative advantage. The Agency should consider issues
such as the business enabling environment, market competitiveness,
inter-firm cooperation, firm-level upgrading, and the relationships
between firms that create incentives or disincentives for investing in
improved performance or upgrading.
(e) Support for Small- and Medium-Sized Enterprises.--The
Administrator of the United States Agency for International Development
should consider support for small- and medium-sized enterprises as a
means to improve productivity and competitiveness in key subsectors in
which large numbers of poor micro-entrepreneurs participate, as well as
to strengthen the channels, such as employment, by which the benefits
of growth are transmitted to the poor.
SEC. 7. MEASURING AND REPORTING RESULTS.
(a) Modification of Poverty Assessment Tools.--The Administrator of
the United States Agency for International Development shall modify the
Poverty Assessment Tools (PATs) of the Agency so that partner
organizations can use them for expanded data management purposes.
(b) Alternatives to Poverty Assessment Tools.--Notwithstanding any
other provision of law, not later than one year after the date of the
enactment of this Act, the Administrator of the United States Agency
for International Development shall identify and approve alternatives
to the Poverty Assessment Tools, such as those commonly used within the
industry and development community.
SEC. 8. FINANCIAL ACCESS AND MICROENTERPRISE INNOVATION FUND.
(a) Establishment.--The Administrator of the United States Agency
for International Development is authorized to utilize one percent of
the Agency's development assistance account budget for fiscal years
2013 through 2017 for the creation of a financial access and
microenterprise innovation challenge fund.
(b) Use of Fund.--The fund established under this section shall be
used to--
(1) identify, test, and support cost-effective and
innovative products and technologies that improve the delivery
of financial services to the poor and very poor, particularly
in rural locations;
(2) identify, test, and support new microfinance and
microenterprise products, services, and delivery systems that
show potential to become cost-effective at large scale; and
(3) help transition such methods and technologies to
widespread adoption.
(c) Grants.--The financial access and microenterprise innovation
challenge fund shall make grants to organizations and companies,
including those interested in eventual commercialization. Where
appropriate, grants should reward or require recipients to
substantially invest their own funds. The mechanisms may include
challenge grants that require recipients to match grant funds with
their own funds in minimum ratios and bounties for achievement of
targets, such as the number of poor customers reached. | Microfinance and Microenterprise Enhancement Act of 2011 - Expresses the sense of Congress that the United States Agency for International Development (USAID) should expand specified microfinance programming.
Directs USAID to: (1) modify the Poverty Assessment Tools so that partner organizations can use them for expanded data management purposes, (2) align household-level interventions with interventions that link the poor to expanding economic opportunities, (3) support the development of financial products adapted to the needs of enterprises, (4) support microfinance institutions and providers that are using agriculture-specific tools, (5) promote financial services to meet the needs of poor households for cash flow management and asset accumulation, and (6) support partners that provide informal savings-led and asset building approaches to microfinance.
Urges USAID to: (1) consider support for small- and medium-sized enterprises as a means to improve productivity and competitiveness in key subsectors in which large numbers of poor micro-entrepreneurs participate; and (2) support organizations that link social protection programs with microfinance services, savings services, and business development services.
Authorizes USAID to utilize 1% of its development assistance account budget for FY2013 through FY2017 for the creation of a financial access and microenterprise innovation challenge fund that shall: (1) support cost-effective and innovative products and technologies that improve the delivery of financial services to the poor, particularly in rural locations; (2) support new microfinance and microenterprise products, services, and delivery systems that show potential to become cost-effective at large scale; and (3) help transition such methods and technologies to widespread adoption. | {"src": "billsum_train", "title": "A bill to improve microfinance and microenterprise, and for other purposes."} | 2,675 | 343 | 0.632898 | 2.246725 | 0.80628 | 5.632258 | 8.064516 | 0.96129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Oak Flat Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Section 3003 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(16 U.S.C. 539p) authorizes approximately 2422 acres of Forest
Service land known as ``Oak Flat'' in the Tonto National Forest
in Southeastern Arizona that is sacred to Indian tribes in the
region, including the San Carlos Apache Tribe, to be
transferred to a mining company called Resolution Copper. That
company plans to hold the Forest land privately for a mining
project that will result in the physical destruction of tribal
sacred areas and deprive American Indians from practicing their
religions, ceremonies, and other traditional practices. The
mining project will also create significant negative
environmental impacts by destroying the area and depleting and
contaminating precious water resources.
(2) Once Resolution Copper owns the Oak Flat area, it plans
to use the highly destructive block cave mining method to
remove one cubic mile of ore that is now 7,000 feet beneath the
surface of the earth without replacing any of the earth removed
because that is the cheapest form of mining. Resolution Copper
admits that the surface will subside and ultimately collapse,
destroying forever this place of worship.
(3) The Tonto National Forest in which Oak Flat is located
was established in 1905 from the ancestral homelands of the
Tonto Apache and other American Indians who were forcibly
removed at gunpoint from the Oak Flat area and other areas of
the Tonto National Forest by the United States Army in the
1880s and imprisoned in other areas, including what is now the
San Carlos Apache Reservation, located approximately 15 miles
from Oak Flat, where Apaches were held as prisoners of war
until the early 1900s.
(4) Section 3003 was included in the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 without proper legislative process and
circumvented the will of the majority of Members of the House
of Representatives. Section 3003 was originally introduced in
the House of Representatives as H.R. 687 and in the Senate as
S. 339 in the 113th Congress. H.R. 687 was brought to the floor
of the House of Representatives for consideration twice and was
pulled from consideration both times. S. 339 was never
considered by the Senate or even considered for mark up by the
Senate Committee on Energy and Natural Resources. Section 3003
was then included in the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
without majority support from either the House or Senate and an
amendment to remove section 3003 was not allowed to be
considered.
(5) American Indian tribes have ceded or have had taken
from them millions of acres of land to help build the United
States and have suffered under Federal assimilationist policies
that sought to destroy tribal cultures. Despite these policies,
American Indians continue to practice their religions as they
have done for thousands of years. American Indian places of
worship, or sacred areas, are often land based, including
mountains, streams, and trees. As a result of previous Federal
land policies that resulted in the significant loss of lands of
American Indian tribes, many sacred areas of tribes are now
located on Federal lands.
(6) The United States has a trust responsibility
acknowledged by Congress to protect tribal sacred areas on
Federal lands. These laws require meaningful consultations with
affected Indian tribes before making decisions that will impact
American Indians. In contradiction to these laws, section 3003
requires the mandatory conveyance of a tribal sacred area
located on Federal lands regardless of the outcome of
consultation with affected Indian tribes.
(7) Section 3003 was strongly opposed by Indian tribes
nationwide because it sets dangerous legislative precedent for
the lack of protection of tribal sacred areas located on
Federal lands by mandating the conveyance of Federal lands with
significant religious, cultural, historic, and anthropological
significance for Indian tribes to a private company that will
destroy the land.
(8) Section 3003 circumvents standard environmental review
procedures that ensure that the public interest is protected,
including the interests of Indian tribes. Section 3003 requires
a mandatory conveyance of the Oak Flat area regardless of the
findings resulting from the environmental review process. The
mining project will require significant amounts of water that
will likely affect the local hydrology, including the
underlying aquifer, and will result in polluted water that will
seep into drinking water supplies.
(9) The inclusion of section 3003 in the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 sets negative precedent for legislative
process and for Federal Indian policy.
SEC. 3. REPEAL OF THE SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION.
Section 3003 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (16 U.S.C.
539p) is repealed. | Save Oak Flat Act This bill amends the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 to repeal the authorization and requirement for a land exchange between the Department of Agriculture and Resolution Copper Mining, LLC. under which 2,422 acres of Forest Service land located in Pinal County, Arizona, are to be exchanged for various parcels of land owned by Resolution Copper. | {"src": "billsum_train", "title": "Save Oak Flat Act"} | 1,108 | 94 | 0.557998 | 1.954984 | 0.32434 | 2.618421 | 13.394737 | 0.776316 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The National Park Service administers Federal parks,
monuments, and reservations, to conserve the scenery, the
natural and historic objects, and wildlife therein, and
provides for the enjoyment of the same in such manner and by
such means as will leave them unimpaired for the enjoyment of
future generations.
(2) It is the function of the Federal Aviation
Administration to manage the safe and efficient use of the
navigable airspace of the United States, as provided for in
section 40103 of title 49, United States Code.
(3) The National Park Service lands in the State of Hawaii,
consisting of Kaloko-Honokohau National Historical Park,
Kalaupapa National Historical Park, Pu'u honua o Honaunau
National Historical Park, Pu'u Kohola Heiau National Historic
Site, Haleakala National Park, and Hawaii Volcanoes National
Park, are managed for the purposes of wilderness preservation,
protecting natural, cultural, historical, and wildlife
resources, and for promotion of the public enjoyment and use of
these resources.
(4) Haleakala and Hawaii Volcanoes National Parks are
designated by the United Nations as International Biosphere
Reserves because of their internationally significant scenery
and plant and animal communities, and furthermore that Hawaii
Volcanoes National Park is designated by the United Nations as
a World Heritage Site because of the significance of Mauna Loa
and Kilauea Volcanoes.
(5) In recognition of the values for which National Park
Service lands are managed, an above ground level (AGL) minimum
altitude of 1,500 feet should be established for aircraft
flying in airspace over certain lands administered by the
National Park Service.
(6) The auditory and visual intrusion of aircraft flying at
low altitudes is the source of public complaint in certain
areas administered by the National Park Service.
(7) Aircraft flying at low altitudes may pose a potential
hazard to wildlife in certain areas administered by the
National Park Service.
(8) Aircraft flying at low altitudes over large
concentrations of migratory birds may pose a potential safety
hazard to pilots and passengers in certain areas administered
by the National Park Service.
(9) The Federal Aviation Administration and National Park
Service should act in cooperation to reduce the incidence of
low-flying aircraft, including fixed-wing aircraft,
helicopters, ultralight vehicles, balloons, and gliders over
National Park Service administered land by complying with the
1,500 feet AGL minimum altitude requirement, to avoid flying
over areas which the National Park Service designates as noise-
sensitive, and to respect standoff distances away from areas
which the National Park Service designates as primary visitor
use areas.
SEC. 2. NATIONAL PARK SERVICE RESPONSIBILITIES.
The Director of the National Park Service shall be responsible for
the following:
(1) Identification of specific areas.--Identifying specific
areas where low-flying aircraft may constitute an adverse
impact on resources and conveying specific information,
including annotated maps, which indicate designated flight-free
areas and primary visitor use areas, to the Federal Aviation
Administration for appropriate action as described in section
3.
(2) Low-flying reporting system.--Developing and
implementing a standardized reporting system acceptable to the
Federal Aviation Administration to document instances of low-
flying aircraft over National Park Service administered lands.
This reporting system shall provide for transmittal of such
documentation in a timely manner to the Honolulu Federal
Aviation Administration Flight Standards district office.
(3) Training.--Developing training programs and
instructional materials for National Park Service personnel to
enable them to recognize and report instances of low-flying
aircraft in a competent and professional manner. The
appropriate training programs of the National Park Service
shall expand to incorporate the subject matter into in-service
training requirements. The Director of the National Park
Service shall seek the assistance of the Federal Aviation
Administration to help develop training curricula.
(4) Quarterly meeting.--Making personnel available from the
National Park Service to meet quarterly with the Federal
Aviation Administration and affected pilots to discuss
resources management objectives and issues associated with low-
flying aircraft.
SEC. 3. FEDERAL AVIATION ADMINISTRATION RESPONSIBILITIES.
The Administrator of the Federal Aviation Administration shall be
responsible for the following:
(1) Communication with pilots.--Communicating to pilots the
concerns and objectives of the National Park Service about low-
flying aircraft in specified areas, using advisories,
bulletins, the Federal Aviation Administration publication, The
Federal Aviation News, the ongoing ``Accident Prevention
Program'' for routine pilots' contact, and other means of
communications with pilots, impressing upon pilots that pilot
participation is strongly encouraged to ensure protection of
resources and the enjoyment of natural areas by the public.
(2) Investigations.--Investigating instances of pilot
deviations from the Federal Aviation Administration requested
minimum altitude over areas, and National Park Service-
designated flight-free and primary visitor use areas in lands
administered by the National Park Service, and taking action to
discourage deviations with the objectives of reducing or
eliminating such incidents in these areas.
(3) Military aircraft.--Assisting the National Park Service
in communicating with the various agencies of the Department of
Defense with regard to military aircraft operations over
National Park Service administered areas.
(4) Availability of status and results of investigations.--
Making available to the National Park Service, at the Federal
Aviation Administration Flight Standards district office, the
status and results of the Federal Aviation Administration's
investigation of instances reported by the National Park
Service.
(5) Support of aviation groups.--Enlisting the support of
all aviation groups and organizations by requesting they
disseminate information about problems associated with aircraft
operating at low altitudes over areas administered by the
National Park Service.
(6) Meetings with national park service.--Assisting the
National Park Service in combating problems associated with
low-flying aircraft by participating in appropriate meetings at
field and regional levels.
SEC. 4. FLIGHT RESTRICTION DESIGNATIONS.
(a) Prohibition on Aircraft Operations Over Noise Sensitive
Areas.--It shall be unlawful to operate an aircraft over the following
locations:
(1) Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola
Heiau, and Kalaupapa National Historical Parks and any area
that is within a 2-mile radius of one of the Parks.
(2) The Crater District and Kipahulu Valley in Haleakala
National Park (including adjacent rain forest areas within the
Park) and any area that is within a 2-mile radius of the
Sliding Sands trailhead in the Park.
(3) The designated wilderness areas consisting of Mauna
Loa, Ola's Forest, East Rift, and Kau Desert, the summit of
Kilauea, and the coastal area between Ka'aha and Kamoamoa in
Hawaii Volcanoes National Park and any area that is within a 2-
mile radius of the Kilauea summit, the Chain of Craters
corridor, or the Kamoamoa village sites in the Park.
(b) Minimum Altitude Restriction.--
(1) In general.--It shall be unlawful for any fixed wing
aircraft or helicopter flying under visual flight rules to fly
at an altitude of less than 1,500 feet over the surface of any
National Park System lands in the State of Hawaii not subject
to subsection (a).
(2) Surface defined.--In this subsection, the term
``surface'' refers to the highest terrain within such lands
which is within 1,500 feet laterally of the route of flight.
(c) Enforcement.--For purposes of enforcement, the prohibitions
under subsections (a) and (b) shall be treated as a requirement
established pursuant to section 40103 of title 49, United States Code.
(d) Exceptions.--The Administrator of the Federal Aviation
Administration may provide exceptions from the prohibitions under
subsections (a) and (b) in an emergency and as otherwise required for
safety of flight.
(e) Notice to Pilots.--To provide information to pilots regarding
the restrictions established under subsections (a) and (b), the
Administrator shall provide public notice of such restrictions in
appropriate publications of the Federal Aviation Administration as soon
as practicable after the date of the enactment of this Act.
SEC. 5. FEDERAL AVIATION ADMINISTRATION AND NATIONAL PARK SERVICE JOINT
RESPONSIBILITY.
The Administrator of the Federal Aviation Administration and the
Director of the National Park Service shall jointly be responsible for
the following:
(1) Additional assessments.--Assessing situations in
addition to those specified in section 4 where impacts of
aircraft operations upon human, cultural, or natural resources
are sufficiently serious to warrant consideration of site-
specific action by the Federal Aviation Administration to
minimize or eliminate the causes of such problems.
(2) Informational materials and scientific studies.--
Preparing public informational materials, including printed
matter and audio-visual programs, for communication to pilots
using existing Federal Aviation Administration pilot-contact
meetings and programs, aviation periodicals, and other means of
generating pilot understanding of National Park Service
resources management objectives. Where appropriate, the Federal
Aviation Administration and the National Park Service will
share information on techniques of conducting scientific
studies and data collection to facilitate understanding of the
impact of aircraft operations on affected resources.
(3) Procedures.--Working together to define procedures for
use at national headquarters and field office levels to address
overflight issues over public land areas.
SEC. 6. APPLICABILITY OF CERTAIN REGULATIONS TO CERTAIN SIGHTSEEING
FLIGHTS.
Parts 91 and 135 of title 14, Code of Federal Regulations, relating
to general operating and flight rules and to air taxi operators and
commercial operators, respectively, shall apply to nonstop sightseeing
flights that begin and end at the same airport and are conducted within
a 25 statute mile radius of the airport. | Requires the Director of the National Park Service (NPS) to identify areas over National Park Service lands in Hawaii where low-flying aircraft may constitute an adverse impact on resources and convey specific information, including annotated maps, which indicates designated flight-free areas and primary visitor use areas, to the Federal Aviation Administration (FAA). | {"src": "billsum_train", "title": "To provide for the regulation of the airspace over National Park System lands in the State of Hawaii by the Federal Aviation Administration and the National Park Service, and for other purposes."} | 2,171 | 74 | 0.603018 | 1.563968 | 0.815401 | 5.4375 | 30.203125 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Welfare Provider Inclusion Act
of 2017''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Child welfare service providers, both individuals and
organizations, have the inherent, fundamental, and inalienable
right to free exercise of religion protected by the United
States Constitution.
(2) The right to free exercise of religion for child
welfare service providers includes the freedom to refrain from
conduct that conflicts with their sincerely held religious
beliefs.
(3) Most States provide government-funded child welfare
services through various charitable, religious, and private
organizations.
(4) Religious organizations, in particular, have a lengthy
and distinguished history of providing child welfare services
that predates government involvement.
(5) Religious organizations have long been and should
continue contracting with and receiving grants from
governmental entities to provide child welfare services.
(6) Religious organizations cannot provide certain child
welfare services, such as foster-care or adoption placements,
without receiving a government contract, grant or license.
(7) Religious organizations display particular excellence
when providing child welfare services.
(8) Children and families benefit greatly from the child
welfare services provided by religious organizations.
(9) Governmental entities and officials administering
federally funded child welfare services in some States,
including Massachusetts, California, Illinois, and the District
of Columbia, have refused to contract with religious
organizations that are unable, due to sincerely held religious
beliefs or moral convictions, to provide a child welfare
service that conflicts, or under circumstances that conflict,
with those beliefs or convictions; and that refusal has forced
many religious organizations to end their long and
distinguished history of excellence in the provision of child
welfare services.
(10) Ensuring that religious organizations can continue to
provide child welfare services will benefit the children and
families that receive those federally funded services.
(11) States also provide government-funded child welfare
services through individual child welfare service providers
with varying religious and moral convictions.
(12) Many individual child welfare service providers
maintain sincerely held religious beliefs or moral convictions
that relate to their work and should not be forced to choose
between their livelihood and adherence to those beliefs or
convictions.
(13) Because governmental entities provide child welfare
services through many charitable, religious, and private
organizations, each with varying religious beliefs or moral
convictions, and through diverse individuals with varying
religious beliefs or moral convictions, the religiously
impelled inability of some religious organizations or
individuals to provide certain services will not have a
material effect on a person's ability to access federally
funded child welfare services.
(14) The activities of funding and administering these
child welfare services substantially affect interstate
commerce.
(15) Taking adverse actions against child welfare service
providers that are unable, due to their sincerely held
religious beliefs or moral convictions, to provide certain
services (or provide services under certain circumstances)
substantially affects interstate commerce.
(16) The provisions of this Act are remedial measures that
are congruent and proportional to protecting the constitutional
rights of child welfare service providers guaranteed under the
Fourteenth Amendment to the United States Constitution.
(17) Congress has the authority to pass this Act pursuant
to its spending clause power, commerce clause power, and
enforcement power under section 5 of the Fourteenth Amendment
to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit governmental entities from discriminating
or taking an adverse action against a child welfare service
provider on the basis that the provider declines to provide a
child welfare service that conflicts, or under circumstances
that conflict, with the sincerely held religious beliefs or
moral convictions of the provider.
(2) To protect child welfare service providers' exercise of
religion and to ensure that governmental entities will not be
able to force those providers, either directly or indirectly,
to discontinue all or some of their child welfare services
because they decline to provide a child welfare service that
conflicts, or under circumstances that conflict, with their
sincerely held religious beliefs or moral convictions.
(3) To provide relief to child welfare service providers
whose rights have been violated.
SEC. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED.
(a) In General.--The Federal Government, and any State that
receives Federal funding for any program that provides child welfare
services under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 671 et seq.) (and any subdivision, office or
department of such State) shall not discriminate or take an adverse
action against a child welfare service provider on the basis that the
provider has declined or will decline to provide, facilitate, or refer
for a child welfare service that conflicts with, or under circumstances
that conflict with, the provider's sincerely held religious beliefs or
moral convictions.
(b) Limitation.--Subsection (a) does not apply to conduct forbidden
by paragraph (18) of section 471(a) of such Act (42 U.S.C. 671(a)(18)).
SEC. 4. FUNDS WITHHELD FOR VIOLATION.
The Secretary of Health and Human Services shall withhold from a
State 15 percent of the Federal funds the State receives for a program
that provides child welfare services under part B or E of title IV of
the Social Security Act (42 U.S.C. 621 et seq., 671 et seq.) if the
State violates section 3 when administering or disbursing funds under
such program.
SEC. 5. PRIVATE RIGHT OF ACTION.
(a) In General.--A child welfare service provider aggrieved by a
violation of section 3 may assert that violation as a claim or defense
in a judicial proceeding and obtain all appropriate relief, including
declaratory relief, injunctive relief, and compensatory damages, with
respect to that violation.
(b) Attorneys' Fees and Costs.--A child welfare service provider
that prevails in an action by establishing a violation of section 3 is
entitled to recover reasonable attorneys' fees and costs.
(c) Waiver of Sovereign Immunity.--By accepting or expending
Federal funds in connection with a program that provides child welfare
services under part B or E of title IV of the Social Security Act (42
U.S.C. 621 et seq., 671 et seq.), a State waives its sovereign immunity
for any claim or defense that is raised under this section.
SEC. 6. SEVERABILITY.
If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act and the application of the provision to any other
person or circumstance shall not be affected.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on the 1st day of the 1st
fiscal year beginning on or after the date of the enactment of this
Act, and the withholding of funds authorized by section 4 shall apply
to payments under parts B and E of title IV of the Social Security Act
(42 U.S.C. 621 et seq., 671 et seq.) for calendar quarters beginning on
or after such date.
(b) Exception.--If legislation (other than legislation
appropriating funds) is required for a governmental entity to bring
itself into compliance with this Act, the governmental entity shall not
be regarded as violating this Act before the 1st day of the 1st
calendar quarter beginning after the first regular session of the
legislative body that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the governmental entity
has a 2-year legislative session, each year of the session is deemed to
be a separate regular session.
SEC. 8. DEFINITIONS.
In this Act:
(1) Child welfare service provider.--The term ``child
welfare service provider'' includes organizations,
corporations, groups, entities, or individuals that provide or
seek to provide, or that apply for or receive a contract,
subcontract, grant, or subgrant for the provision of, child
welfare services. A provider need not be engaged exclusively in
child welfare services to be considered a child welfare service
provider for purposes of this Act.
(2) Child welfare services.--The term ``child welfare
services'' means social services provided to or on behalf of
children, including assisting abused, neglected, or troubled
children, counseling children or parents, promoting foster
parenting, providing foster homes or temporary group shelters
for children, recruiting foster parents, placing children in
foster homes, licensing foster homes, promoting adoption,
recruiting adoptive parents, assisting adoptions, supporting
adoptive families, assisting kinship guardianships, assisting
kinship caregivers, providing family preservation services,
providing family support services, and providing time-limited
family reunification services.
(3) State.--The term ``State'' includes each of the 50
States, the District of Columbia, any commonwealth, territory
or possession of the United States, and any political
subdivision thereof, and any Indian tribe, tribal organization,
or tribal consortium that has a plan approved in accordance
with section 479B of the Social Security Act (42 U.S.C. 679c)
or that has a cooperative agreement or contract with one of the
50 States for the administration or payment of funds under part
B or E of title IV of the Social Security Act.
(4) Funding; funded; funds.--The terms ``funding'',
``funded'', or ``funds'' include money paid pursuant to a
contract, grant, voucher, or similar means.
(5) Adverse action.--The term ``adverse action'' includes,
but is not limited to, denying a child welfare service
provider's application for funding, refusing to renew the
provider's funding, canceling the provider's funding, declining
to enter into a contract with the provider, refusing to renew a
contract with the provider, canceling a contract with the
provider, declining to issue a license to the provider,
refusing to renew the provider's license, canceling the
provider's license, terminating the provider's employment, or
any other adverse action that materially alters the terms or
conditions of the provider's employment, funding, contract, or
license. | Child Welfare Provider Inclusion Act of 2017 This bill prohibits the federal government, and any state or local government that receives federal funding for any program that provides child welfare services under part B (Child and Family Services) or part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act (SSAct), from discriminating or taking an adverse action against a child welfare service provider that declines to provide, facilitate, or refer for a child welfare service that conflicts with the provider's sincerely held religious beliefs or moral convictions. The prohibition also applies to Indian tribal organizations or consortia that have an approved foster care and adoption assistance plan or that have an agreement with a state for the administration of funds under part B or part E of the SSAct. The bill bars such prohibition from applying to SSAct requirements that forbid state entities from denying or delaying adoption or foster care placements on the basis of an adoptive parent's or a child's race, color, or national origin. The Department of Health and Human Services must withhold 15% of the federal funds that such a state, local, or tribal entity receives for such programs if the state, local, or tribal entity violates this bill. An aggrieved child welfare service provider may assert such an adverse action violation as a claim or defense in a judicial proceeding and to obtain all appropriate relief (including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney's fees and costs). | {"src": "billsum_train", "title": "Child Welfare Provider Inclusion Act of 2017"} | 2,294 | 329 | 0.52043 | 1.736077 | 0.697152 | 3.170213 | 7.496454 | 0.886525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay for Your Stay Act''.
SEC. 2. WORK REQUIREMENTS FOR PRISONERS.
(a) In General.--Chapter 301 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4014. Work requirement for prisoners
``(a) The Attorney General shall establish by rule--
``(1) the requirement that Federal prisoners that are able
to do so engage in work and that such prisoners work at least
48 hours each week;
``(2) the requirement that Federal prisoners engage in
educational study for at least 12 hours each week;
``(3) that no television viewing will be provided to
Federal prisoners, except educational programs; and
``(4) that a 25 percent assessment be levied on all wages
earned by Federal prisoners, with 5 percent returned to the
prosecuting agency to help reimburse the cost of the
prosecution, 10 percent set aside for victim restitution, and
10 percent placed in the Fund created by subsection (b).
``(b) There is established in the Treasury the James Wilson, Jr.
Fund (referred to in this section as the `Fund'). The Fund shall
consist of moneys placed in it under subsection (a). The Attorney
General shall distribute the money in the fund equally between--
``(1) State and local programs whose primary purpose is to
provide training and purchase equipment designed to protect
peace officers from personal injury in the line of duty
resulting from the criminal acts of third parties; and
``(2) to families of local, State, and Federal peace
officers killed in the line of duty;
according to such procedures, and in such amounts, as the Attorney
General shall by rule establish.
``(c) The Attorney General, in consultation with the appropriate
authorities of States, the District of Columbia, and other territories
and possessions of the United States, shall establish a system whereby
inmate labor may be utilized, with or without compensation, to
undertake activities to mediate the damage caused by an impending
natural disaster or to remediate the damage done by such a disaster.''.
(b) No Adverse Impact on Business Concerns and Their Law-Abiding
Employees.--Chapter 301 of title 18, United States Code, as amended by
subsection (a), is further amended by adding at the end the following:
``Sec. 4015. Protection from unfair competition by prison labor
``(a) Work Opportunities Within Federal Correctional
Institutions.--In implementing the requirements of section 4014(a), the
Attorney General shall--
``(1) maximize the employment of inmates with respect to
the operation and maintenance of Federal corrections
institutions; and
``(2) maximize the employment of inmates in work-based
vocational education and skill training activities designed to
prepare participating inmates for gainful employment after
release, while avoiding, to the maximum extent practicable,
expanding sales of any resulting products or services pursuant
to section 4124.
``(b) Minimizing Unfair Competition With the Private Sector.--Any
expansion in the inmate production of products or services to be
offered for sale resulting from the implementation of section 4014(a)--
``(1) may be sold only through Federal Prison Industries to
Federal agencies on a competitive basis pursuant to either
section 303 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253) or section 2304 of title 10, United
States Code, and their implementing regulations; and
``(2) shall be approved for sale by the Board of Directors
of Federal Prison Industries pursuant to section 4122(b), after
determining that the proposed volume of sales is not expected
to have an adverse impact on sales to the Government by a
private sector contractor offering the same specific product or
service.
``(c) Disaster Remediation Activities by Inmates.--In implementing
section 4014(c), the Attorney General shall--
``(1) maximize the use of inmate labor to augment
governmental personnel and community volunteers in preparing
for a natural disaster or in conducting remediation activities
during the period immediately after such a disaster; and
``(2) assure that inmate labor does not supplant post-
disaster remediation activities that would otherwise be
performed under contract by private sector firms employed by an
affected individual or governmental entity.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 301 of title 18, United States Code, is amended by adding at
the end the following new items:
``4014. Work requirement for prisoners.
``4015. Protection from unfair competition by prison labor.''.
SEC. 3. REQUIRED STATEMENT OF ASSETS.
Section 1915(a)(2) of title 28, United States Code, is amended by
adding at the end the following: ``Such prisoner shall also submit a
statement of all other assets such prisoner possesses.''. | Pay for Your Stay Act - Amends the Federal criminal code to direct the Attorney General to establish by rule: (1) the requirement that Federal prisoners work at least 48 hours each week if able to do so and engage in educational study at least 12 hours each week; (2) that no television viewing will be provided to such prisoners, except educational programs; and (3) that a 25 percent assessment will be levied on prisoner wages, with five percent returned to the prosecuting agency, ten percent set aside for victim restitution, and ten percent placed in the fund created by this Act.
Establishes in the U.S. Treasury the James Wilson, Jr. Fund. Requires the Attorney General to distribute money in the Fund equally between: (1) State and local programs whose primary purpose is to provide training and purchase equipment designed to protect peace officers; and (2) families of local, State, and Federal peace officers killed in the line of duty.
Directs the Attorney General to establish a system whereby inmate labor may be utilized to mediate the damage caused by an impending natural disaster or to remediate the damage done by such a disaster.
Requires the Attorney General, in implementing requirements of this Act, to: (1) maximize the employment of inmates regarding the operation and maintenance of Federal corrections institutions, and in certain work-based vocational education and skill training activities, and to augment governmental personnel and community volunteers in preparing for a natural disaster or in conducting remediation activities immediately after such a disaster; and (2) assure that inmate labor does not supplant post-disaster remediation activities that would otherwise be performed under contract by private sector firms employed by an affected individual or governmental entity.
Provides that any expansion in the inmate production of products or services to be offered for sale resulting from such implementation: (1) may be sold only through Federal Prison Industries (FPI) to Federal agencies on a competitive basis; and (2) shall be approved for sale by the Board of Directors of FPI after determining that the proposed volume of sales is not expected to have an adverse impact on sales to the Government by a private sector contractor offering the same specific product or service.
Amends the Federal judicial code to require a prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security (i.e., proceeding in forma pauperis) to submit a statement of all assets the prisoner possesses. | {"src": "billsum_train", "title": "Pay for Your Stay Act"} | 1,067 | 531 | 0.686701 | 2.381171 | 0.809909 | 5.811715 | 2.127615 | 0.916318 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legal Reform Commission Act of
1998''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Legal Reform Commission (hereafter in this Act referred to as
the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) one shall be appointed by the President;
(B) one shall be appointed by the President pro
tempore of the Senate;
(C) one shall be appointed by the Speaker of the
House of Representatives;
(D) two shall be appointed by the Majority Leader
of the Senate;
(E) two shall be appointed by the Minority Leader
of the Senate;
(F) two shall be appointed by the Majority Leader
of the House of Representatives; and
(G) two shall be appointed by the Minority Leader
of the House of Representatives.
(2) Chairman and vice chairman.--The members of the
Commission shall select a Chairman and a Vice Chairman from the
members.
(3) Prohibition.--
(A) Chairman.--The Chairman of the Commission may
not be an employee or former employee of the Federal
Government.
(B) Members.--No member of the Commission may be a
member or former member of the Bar of any State.
(4) Date.--The appointments of the members of the
Commission shall be made no later than June 1, 1998.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough
study of all matters relating to the reform and simplification
of the United States legal system.
(2) Matters studied.--The matters studied by the Commission
shall include reform of--
(A) Federal law;
(B) State law;
(C) criminal law;
(D) civil law;
(E) judicial, trial, and appellate processes;
(F) the Federal Rules of Evidence;
(G) the Federal Rules of Civil Procedure; and
(H) the Federal Rules of Criminal Procedure.
(b) Recommendations.--The Commission shall develop recommendations
on all matters studied under subsection (a) relating to reform of the
United States legal system.
(c) Report.--No later than 2 years after the date of enactment of
this Act, the Commission shall submit a report to the President and
Congress which shall contain a detailed statement of the findings and
conclusions of the Commission, together with its recommendations for
such legislation and administrative actions as it considers
appropriate.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out the
purposes of this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairman of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of the executive director and other personnel
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 6. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 3.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to the Commission to carry out the purposes of this
Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended. | Legal Reform Commission Act of 1998 - Establishes the Legal Reform Commission to study, develop recommendations regarding, and report to the President and the Congress on the reform and simplification of the U.S. legal system. Requires matters studied by the Commission to include reform of: (1) Federal, State, criminal, and civil law; (2) judicial, trial and appellate processes; and (3) the Federal Rules of Evidence, Civil Procedure, and Criminal Procedure. Authorizes appropriations. | {"src": "billsum_train", "title": "Legal Reform Commission Act of 1998"} | 1,539 | 103 | 0.549046 | 1.29913 | 0.389048 | 2.726316 | 14.905263 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Amendment Enforcement Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Second Amendment to the United States Constitution
provides that the right of the people to keep and bear arms
shall not be infringed.
(2) As the Congress and the Supreme Court of the United
States have recognized, the Second Amendment to the United
States Constitution protects the rights of individuals,
including those who are not members of a militia or engaged in
military service or training, to keep and bear arms.
(3) The law-abiding citizens of the District of Columbia
are deprived by local laws of handguns, rifles, and shotguns
that are commonly kept by law-abiding persons throughout the
United States for sporting use and for lawful defense of their
persons, homes, businesses, and families.
(4) The District of Columbia has the highest per capita
murder rate in the Nation, which may be attributed in part to
local laws prohibiting possession of firearms by law-abiding
persons who would otherwise be able to defend themselves and
their loved ones in their own homes and businesses.
(5) The Federal Gun Control Act of 1968, as amended by the
Firearms Owners' Protection Act of 1986, and the Brady Handgun
Violence Prevention Act of 1993, provide comprehensive Federal
regulations applicable in the District of Columbia as
elsewhere. In addition, existing District of Columbia criminal
laws punish possession and illegal use of firearms by violent
criminals and felons. Consequently, there is no need for local
laws which only affect and disarm law-abiding citizens.
(6) Officials of the District of Columbia have indicated
their intention to continue to unduly restrict lawful firearm
possession and use by citizens of the District.
(7) Legislation is required to correct the District of
Columbia's law in order to restore the fundamental rights of
its citizens under the Second Amendment to the United States
Constitution and thereby enhance public safety.
SEC. 3. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS.
Section 4 of the Act entitled ``An Act to prohibit the killing of
wild birds and wild animals in the District of Columbia'', approved
June 30, 1906 (34 Stat. 809; sec. 1-303.43, D.C. Official Code) is
amended by adding at the end the following: ``Nothing in this section
or any other provision of law shall authorize, or shall be construed to
permit, the Council, the Mayor, or any governmental or regulatory
authority of the District of Columbia to prohibit, constructively
prohibit, or unduly burden the ability of persons not prohibited from
possessing firearms under Federal law from acquiring, possessing in
their homes or businesses, or using for sporting, self-protection or
other lawful purposes, any firearm neither prohibited by Federal law
nor subject to the National Firearms Act. The District of Columbia
shall not have authority to enact laws or regulations that discourage
or eliminate the private ownership or use of firearms.''.
SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN.
(a) In General.--Section 101(10) of the Firearms Control
Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official Code) is
amended to read as follows:
``(10) `Machine gun' means any firearm which shoots, is
designed to shoot, or readily restored to shoot automatically,
more than 1 shot without manual reloading by a single function
of the trigger, and includes the frame or receiver of any such
weapon, any part designed and intended solely and exclusively,
or combination of parts designed and intended, for use in
converting a weapon into a machine gun, and any combination of
parts from which a machine gun can be assembled if such parts
are in the possession or under the control of a person.''.
(b) Conforming Amendment to Provisions Setting Forth Criminal
Penalties.--Section 1(c) of the Act of July 8, 1932 (47 Stat. 651; sec.
22-4501(c), D.C. Official Code) is amended to read as follows:
``(c) `Machine gun', as used in this Act, has the meaning given
such term in section 101(10) of the Firearms Control Regulations Act of
1975.''.
SEC. 5. REPEAL REGISTRATION REQUIREMENT.
(a) Repeal of Requirement.--
(1) In general.--Section 201(a) of the Firearms Control
Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official Code)
is amended by striking ``any firearm, unless'' and all that
follows through paragraph (3) and inserting the following:
``any firearm described in subsection (c).''.
(2) Description of firearms remaining illegal.--Section 201
of such Act (sec. 7-2502.01, D.C. Official Code) is amended by
adding at the end the following new subsection:
``(c) A firearm described in this subsection is any of the
following:
``(1) A sawed-off shotgun.
``(2) A machine gun.
``(3) A short-barreled rifle.''.
(3) Conforming amendment.--The heading of section 201 of
such Act (sec. 7-2502.01, D.C. Official Code) is amended by
striking ``Registration requirements'' and inserting ``Firearm
Possession''.
(b) Conforming Amendments to Firearms Control Regulations Act.--The
Firearms Control Regulations Act of 1975 is amended as follows:
(1) Sections 202 through 211 (secs. 7-2502.02 through 7-
2502.11, D.C. Official Code) are repealed.
(2) Section 101 (sec. 7-2501.01, D.C. Official Code) is
amended by striking paragraph (13).
(3) Section 401 (sec. 7-2504.01, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``the
District;'' and all that follows and inserting the
following: ``the District, except that a person may
engage in hand loading, reloading, or custom loading of
ammunition for firearms lawfully possessed under this
Act.''; and
(B) in subsection (b), by striking ``which are
unregisterable under section 202'' and inserting
``which are prohibited under section 201''.
(4) Section 402 (sec. 7-2504.02, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``Any person
eligible to register a firearm'' and all that follows
through ``such business,'' and inserting the following:
``Any person not otherwise prohibited from possessing
or receiving a firearm under Federal or District law,
or from being licensed under section 923 of title 18,
United States Code,''; and
(B) in subsection (b), by amending paragraph (1) to
read as follows:
``(1) The applicant's name;''.
(5) Section 403(b) (sec. 7-2504.03(b), D.C. Official Code)
is amended by striking ``registration certificate'' and
inserting ``dealer's license''.
(6) Section 404(a)(3) (sec. 7-2504.04(a)(3)), D.C. Official
Code) is amended--
(A) in subparagraph (B)(i), by striking
``registration certificate number (if any) of the
firearm,'';
(B) in subparagraph (B)(iv), by striking ``holding
the registration certificate'' and inserting ``from
whom it was received for repair'';
(C) in subparagraph (C)(i), by striking ``and
registration certificate number (if any) of the
firearm'';
(D) in subparagraph (C)(ii), by striking
``registration certificate number or''; and
(E) by striking subparagraphs (D) and (E).
(7) Section 406(c) (sec. 7-2504.06(c), D.C. Official Code)
is amended to read as follows:
``(c) Within 45 days of a decision becoming effective which is
unfavorable to a licensee or to an applicant for a dealer's license,
the licensee or application shall--
``(1) lawfully remove from the District all destructive
devices in his inventory, or peaceably surrender to the Chief
all destructive devices in his inventory in the manner provided
in section 705; and
``(2) lawfully dispose, to himself or to another, any
firearms and ammunition in his inventory.''.
(8) Section 407(b) (sec. 7-2504.07(b), D.C. Official Code)
is amended by striking ``would not be eligible'' and all that
follows and inserting ``is prohibited from possessing or
receiving a firearm under Federal or District law.''.
(9) Section 502 (sec. 7-2505.02, D.C. Official Code) is
amended--
(A) by amending subsection (a) to read as follows:
``(a) Any person or organization not prohibited from possessing or
receiving a firearm under Federal or District law may sell or otherwise
transfer ammunition or any firearm, except those which are prohibited
under section 201, to a licensed dealer.'';
(B) by amending subsection (c) to read as follows:
``(c) Any licensed dealer may sell or otherwise transfer a firearm
to any person or organization not otherwise prohibited from possessing
or receiving such firearm under Federal or District law.'';
(C) in subsection (d), by striking paragraphs (2)
and (3); and
(D) by striking subsection (e).
(10) Section 704 (sec. 7-2507.04, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``any
registration certificate or'' and inserting ``a''; and
(B) in subsection (b), by striking ``registration
certificate,''.
(c) Other Conforming Amendments.--Section 2(4) of the Illegal
Firearm Sale and Distribution Strict Liability Act of 1992 (sec. 7-
2531.01(2)(4), D.C. Official Code) is amended--
(1) in subparagraph (A), by striking ``or ignoring proof of
the purchaser's residence in the District of Columbia''; and
(2) in subparagraph (B), by striking ``registration and''.
SEC. 6. REPEAL HANDGUN AMMUNITION BAN.
Section 601(3) of the Firearms Control Regulations Act of 1975
(sec. 7-2506.01(3), D.C. Official Code) is amended by striking ``is the
holder of the valid registration certificate for'' and inserting
``owns''.
SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.
Section 702 of the Firearms Control Regulations Act of 1975 (sec.
7-2507.02, D.C. Official Code) is repealed.
SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED
FIREARMS.
(a) In General.--Section 706 of the Firearms Control Regulations
Act of 1975 (sec. 7-2507.06, D.C. Official Code) is amended--
(1) by striking ``that:'' and all that follows through
``(1) A'' and inserting ``that a''; and
(2) by striking paragraph (2).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to violations occurring after the 60-day period
which begins on the date of the enactment of this Act.
SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE'S
DWELLING OR OTHER PREMISES.
Section 4(a) of the Act of July 8, 1932 (47 Stat. 651; sec. 22-
4504(a), D.C. Official Code) is amended--
(1) in the matter before paragraph (1), by striking ``a
pistol,'' and inserting the following: ``except in his dwelling
house or place of business or on other land possessed by that
person, whether loaded or unloaded, a pistol,''; and
(2) by striking ``except that:'' and all that follows
through ``(2) If the violation'' and inserting ``except that if
the violation''.
SEC. 10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT RESIDENTS.
Section 922 of title 18, United States Code, is amended in
paragraph (b)(3) by inserting after ``other than a State in which the
licensee's place of business is located'' the following: ``, or to the
sale or delivery of a handgun to a resident of the District of Columbia
by a licensee whose place of business is located in Maryland or
Virginia,''. | Second Amendment Enforcement Act - Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.
Amends the Firearms Control Regulations Act of 1975 (FCRA) to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.)
Redefines "machine gun" as any firearm which shoots, is designed to shoot, or is readily restored to shoot automatically, more than one shot without manual reloading by a single function of the trigger. Includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
Repeals the District's: (1) registration requirement for possession of firearms; (2) requirement that licensed firearms dealers keep records of ammunition received into inventory and ammunition sold or transferred; and (3) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked.
Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.
Amends FCRA to allow an individual to possess ammunition in the District if the individual owns (currently, holds the valid registration certificate for) a firearm of the same guage or caliber as such ammunition.
Eliminates criminal penalties for possessing an unregistered firearm.
Amends federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person.
Amends the federal criminal code to make it lawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver a handgun to a District resident if such individual is licensed in Maryland or Virginia to do so. | {"src": "billsum_train", "title": "To restore Second Amendment rights in the District of Columbia."} | 2,958 | 618 | 0.537575 | 1.64737 | 0.618968 | 4.929924 | 4.962121 | 0.899621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Conduit Deployment Act of
2018''.
SEC. 2. INCLUSION OF BROADBAND CONDUIT INSTALLATION IN CERTAIN HIGHWAY
CONSTRUCTION PROJECTS.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 331. Inclusion of broadband conduit installation in certain
highway construction projects
``(a) Requirement.--
``(1) In general.--The Secretary shall require States to
evaluate the need for broadband conduit in accordance with this
section as part of any covered highway construction project.
``(2) Consultation.--The evaluation shall be done in
consultation with local and national telecommunications
providers, including telecommunications service and equipment
providers.
``(3) Results of evaluation.--If the evaluation reveals an
anticipated need in the next 15 years for broadband conduit
beneath hard surfaces to be constructed by the project, the
conduit shall be installed under the hard surfaces as part of
the covered highway construction project.
``(b) Installation Requirements.--In carrying out subsection (a),
the Secretary shall ensure with respect to a covered highway
construction project that--
``(1) an appropriate number of broadband conduits, as
determined by the Assistant Secretary of Commerce for
Communications and Information, are installed along such
highway to accommodate multiple broadband providers, with
consideration given to the availability of existing conduits;
``(2) the size of each such conduit is consistent with
industry best practices and is sufficient to accommodate
potential demand, as determined by the Assistant Secretary of
Commerce for Communications and Information; and
``(3) hand holes and manholes for fiber access and pulling
with respect to each such conduit are placed at intervals
consistent with industry best practices, as determined by the
Assistant Secretary of Commerce for Communications and
Information.
``(c) Standards.--The Secretary, in consultation with the Assistant
Secretary of Commerce for Communications and Information, shall
establish standards, consistent with applicable requirements in section
156 of this title, section 1.23, part 645, and part 710 of title 23,
Code of Federal Regulations, and the Approved Utility Accommodation
Manual, to carry out subsection (b) that consider--
``(1) the ability to accommodate broadband installation
without impacting the safety, operations, and maintenance of
the highway facility, its users, or others;
``(2) population density in the area of a covered highway
construction project;
``(3) the type of highway involved in such project; and
``(4) existing broadband access in the area of such
project.
``(d) Pull Tape.--The Secretary shall ensure that each broadband
conduit installed pursuant to this section includes a pull tape and is
capable of supporting fiber optic cable placement techniques consistent
with industry best practices, as determined by the Secretary.
``(e) Depth of Installation.--The Secretary shall ensure that each
broadband conduit installed pursuant to this section is placed at a
depth consistent with industry best practices, as determined by the
Secretary, and that, in determining the depth of placement,
consideration is given to the location of existing utilities and the
cable separation requirements of State and local electrical codes.
``(f) Access.--The Secretary shall ensure that any requesting
broadband provider has access to each broadband conduit installed
pursuant to this section, on a competitively neutral and
nondiscriminatory basis, for a charge not to exceed a cost-based rate.
``(g) Waiver Authority.--The Secretary may waive the application of
this section if the Secretary determines that the waiver is appropriate
with respect to a covered highway construction project based upon--
``(1) a showing of undue burden;
``(2) a determination that the installation of broadband
conduit beneath hard surfaces to be constructed as part of a
covered highway construction project is not necessary based on
the availability of existing broadband infrastructure;
``(3) a cost-benefit analysis; or
``(4) the consideration of other relevant factors.
``(h) Coordination With FCC.--In carrying out this section, the
Secretary and the Assistant Secretary of Commerce for Communications
and Information shall coordinate with the Federal Communications
Commission, including in making determinations with respect to an
appropriate number of broadband conduits under subsection (b)(1),
potential demand under subsection (b)(2), and existing broadband access
under subsection (c).
``(i) Publication of Conduit Availability.--Not later than 1 year
after the date of enactment of this section, the Secretary shall
provide information to the Federal Communications Commission and the
Assistant Secretary of Commerce for Communications and Information for
inclusion within the National Broadband Map.
``(j) Definitions.--In this section, the following definitions
apply:
``(1) Broadband.--The term `broadband' means an Internet
Protocol-based transmission service that enables users to send
and receive voice, video, data, graphics, or a combination
thereof.
``(2) Broadband conduit.--The term `broadband conduit'
means a conduit for fiber optic cables that support broadband
or, where appropriate, wireless facilities for broadband
service.
``(3) Covered highway construction project.--The term
`covered highway construction project' means a project to
construct a new highway or to construct an additional lane or
paved shoulder for an existing highway that is commenced after
the date of enactment of this section and that receives funding
under this title.
``(4) Hard surfaces.--The term `hard surfaces' means
asphalt and concrete pavement, curb and gutter, and
sidewalk.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding at the end the following:
``331. Inclusion of broadband conduit installation in certain highway
construction projects.''. | Broadband Conduit Deployment Act of 2018 This bill directs the Department of Transportation to require states to evaluate the need to install broadband conduit in any project to construct a new highway or additional lane or paved shoulder for an existing highway that is begun after the enactment of this bill and that receives funding under the federal-aid highway program. | {"src": "billsum_train", "title": "Broadband Conduit Deployment Act of 2018"} | 1,283 | 78 | 0.564816 | 1.365609 | 0.266758 | 3.142857 | 19.126984 | 0.857143 |
SECTION 1. FINDINGS.
Congress finds that--
(1) railroad activity has significantly increased in recent
years;
(2) rail intermodal traffic has increased by 40 percent
over the last decade;
(3) more than 9,000,000 containers and trailers traveled
the Nation's rails in 1999, up 3.1 percent from the previous
year;
(4) the impact of increased railroad activity is having a
negative impact on the quality of life of many communities
throughout the United States;
(5) increased noise associated with railroad activities is
a serious and growing concern of many local communities;
(6) current Federal laws fail to provide local communities
with the authority to participate in railroad activity in their
community;
(7) Federal laws also fail to provide incentives to
communities and railroads for noise abatement and other
activities to address the concerns related to railroad
activity; and
(8) railroad noise abatement technology is an emerging
component of transportation research and should be given
greater support by the Federal Government.
SEC. 2. STUDY OF ADVERSE EFFECTS OF IDLING TRAIN ENGINES.
(a) Study Required.--The Secretary of Transportation shall provide
under section 150303 of title 36, United States Code, for the National
Academy of Sciences to conduct a study on noise impacts of railroad
operations, including idling train engines on the quality of life of
nearby communities, the quality of the environment (including
consideration of air pollution), and safety, and to submit a report on
the study to the Secretary. The report shall include recommendations
for mitigation to combat rail noise, standards for determining when
noise mitigation is required, needed changes in Federal law to give
Federal, State, and local governments flexibility in combating railroad
noise, and possible funding mechanisms for financing mitigation
projects.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Transportation shall transmit
to Congress the report of the National Academy of Sciences on the
results of the study under subsection (a).
SEC. 3. CREDIT FOR PURCHASE AND INSTALLATION OF SOUND BARRIERS FOR THE
ABATEMENT OF RAILROAD NOISE.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to general business
credits) is amended by adding at the end the following:
``SEC. 45D. CREDIT FOR PURCHASE AND INSTALLATION OF SOUND BARRIERS AND
THE IMPLEMENTATION OF OTHER ACTIVITIES FOR THE ABATEMENT
OF RAILROAD NOISE.
``(a) In General.--For purposes of section 38, in the case of an
eligible taxpayer, the amount of the railroad noise abatement credit
determined under this section for any taxable year shall be the amount
equal to 50 percent of the eligible railroad noise abatement
expenditures for the taxable year.
``(b) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means any rail carrier (including any railroad
carrier, as defined in section 20102 of title 49, United States Code)
that owns property adjacent to railroad tracks.
``(c) Eligible Railroad Noise Abatement Expenditures.--For purposes
of this section--
``(1) In general.--The term `eligible railroad noise
abatement expenditures' means amounts paid or incurred by an
eligible taxpayer for the purposes of installing sound barriers
on property (owned by the taxpayer) adjacent to railroad tracks
(including the costs of purchasing the sound barriers), and
implementing other activities, to abate for populations in the
vicinity of the operation of trains by that taxpayer the noise
of the trains to levels within standards prescribed by the
Administrator of the Environmental Protection Agency that are
in effect as of the date of enactment of this section, but only
if the taxpayer consulted on the sound barriers or other noise
abatement activities, in advance, with the officials of the
government of each municipality or other political subdivision
of a State in which the taxpayer installs the sound barriers or
engages in the other sound abatement activities.
``(2) Sound barriers.--The term `sound barriers' means any
physical feature that abates the propagation of sound,
including--
``(A) trees, shrubbery, or other botanic life, or
``(B) a manmade structure.
``(3) Expenditures must be reasonable.--Amounts paid or
incurred for the purposes described in paragraph (1) shall
include only expenditures which are reasonable and shall not
include expenditures which are unnecessary to accomplish such
purposes.
``(d) Denial of Double Benefit.--In the case of the amount of the
credit determined under this section--
``(1) no deduction or credit shall be allowed for such
amount under any other provision of this chapter, and
``(2) no increase in the adjusted basis of any property
shall result from such amount.''.
(b) Inclusion in General Business Credit.--
(1) In general.--Section 38(b) of the Internal Revenue Code
of 1986 (relating to current year business credit) is amended
by striking ``plus'' at the end of paragraph (11), by striking
the period at the end of paragraph (12) and inserting ``,
plus'', and by adding at the end the following:
``(13) the railroad noise abatement credit determined under
section 45D(a).''.
(2) Transition rule.--Section 39(d) of such Code (relating
to transitional rules) is amended by adding at the end the
following:
``(9) No carryback of section 45d credit before
enactment.--No portion of the unused business credit for any
taxable year which is attributable to the railroad noise
abatement credit determined under section 45D may be carried
back to a taxable year ending before the date of the enactment
of section 45D.''.
(c) Conforming 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. 45D. Credit for purchase and
installation of sound barriers
for the abatement of railroad
noise.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 4. RAILROAD NOISE ABATEMENT ACTIVITIES.
The first sentence of section 130(a) of title 23, United States
Code, is amended by inserting ``and the entire cost of activities for
the abatement of the noise of trains (as defined by the Secretary),
including construction of sound barriers on public lands or on private
property with the consent of the property owner,''.
SEC. 5. RAILROAD NOISE ABATEMENT RESEARCH.
Section 20108(a) of title 49, United States Code, is amended by
inserting before the period at the end the following: ``and research
and development on technologies for the abatement of railroad noise''.
SEC. 6. CONSOLIDATIONS, MERGERS, AND ACQUISITION OF CONTROL.
Section 11324 of title 49, United States Code, is amended--
(1) in subsection (a), by inserting ``and the chief
executive of any city'' after ``chief executive of each
State''; and
(2) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting a semicolon; and
(C) by adding at the end the following:
``(6) the safety and environmental effects of the proposed
transaction, which shall include thorough consideration of a
traffic study and environmental impact statement, as well as
complete consideration of any appropriate safety studies;
``(7) a federalism impact assessment that addresses the
preemptive impact of, and associated costs incurred by State
and local governments as a result of, such proposed
transaction; and
``(8) all mitigation and impact costs attributed to the
transaction, and the extent to which existing local standards
will be compromised or lessened if the transaction is approved.
SEC. 7. IMPACT OF RAIL CARRIER ACTIONS ON LOCALITIES.
(a) Notification of Potential Impacts on Localities.--
(1) Requirement.--Before taking an action described in
paragraph (2), a rail carrier shall transmit a notification of
the planned action to the following:
(A) Affected states.--To the chief executive of
each State in which the action is to planned to be
taken.
(B) Affected communities.--To the chief executive
of each municipality or other political subdivision of
a State in which, or adjacent to which, the action is
to planned to be taken.
(2) Actions increasing noise.--The requirement for advance
notification in paragraph (1) applies to the following actions:
(A) Rail activation or expansion.--A rail
activation or expansion.
(B) Rail yard activation or expansion.--A rail yard
activation or expansion.
(C) Increased rail traffic.--An increase of rail
traffic.
(D) Other increases in noise of rail traffic.--Any
action that increases the noise of rail traffic.
(E) Land acquisitions.--A land acquisition.
(F) Other.--The initiation of any other new or
newly modified rail carrier operation to which the
Secretary of Transportation applies the notification
requirement under this subsection in regulations
prescribed by the Secretary.
(b) Opportunity for Public Comment.--
(1) Comment period.--The Secretary of Transportation shall
promulgate regulations that provide localities with a right to
submit to the Secretary public comments on the commencement of
an activity for which a notification is required under
subsection (a). The period for the submission of comments shall
be not less than 30 days prior to the commencement of the
activity.
(2) Appeals.--The Secretary shall also provide localities
with the opportunity to appeal to the Secretary for a final
determination of any action that may be taken within the
Department of Transportation on the activity.
(3) Suspension of action pending comment and appeal.--A
rail carrier may not initiate any action to which subsection
(a) applies during the period provided under paragraph (1) for
public comment on the action nor during a period for which an
appeal of the action is pending under paragraph (2). | Amends the Internal Revenue Code to allow an eligible taxpayer (rail carrier that owns property adjacent to railroad tracks) to take a general business tax credit in an amount equal to 50 percent of the eligible railroad noise abatement expenditures for the taxable year. Defines "eligible railroad noise abatement expenditures" as amounts paid by an eligible taxpayer for installation of sound barriers on property adjacent to railroad tracks, including the implementation of other activities to abate the noise of trains to within levels prescribed by the Environmental Protection Agency.
Amends Federal highway law to authorize payment from a State's Federal-aid highway fund apportionment for the entire cost of activities for the abatement of the noise of trains, including construction of sound barriers on public lands or on private property with the consent of the property owner.
Amends Federal transportation law to revise certain factors the Surface Transportation Board must consider in a proceeding to approve the consolidation, merger, or acquisition of control of at least two Class I railroads. Includes among such factors: (1) the safety and environmental effects of the proposed transaction; (2) a federalism impact assessment that addresses the preemptive impact of, and associated costs incurred by State and local governments as a result of, such proposed transaction; and (3) all mitigation and impact costs attributed to the transaction.
Requires an rail carrier to notify the Governor of the State and its affected communities before it takes any rail-related actions that may increase noise levels there. | {"src": "billsum_train", "title": "A bill to provide for the abatement of noise and other adverse effects of idling train engines, and for other purposes."} | 2,288 | 317 | 0.571576 | 1.82372 | 0.629965 | 3.946619 | 7.402135 | 0.850534 |
-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-.
-T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-A-r-t-s-,
-H-u-m-a-n-i-t-i-e-s-, -a-n-d -M-u-s-e-u-m-s -A-m-e-n-d-m-e-n-t-s -o-f
-1-9-9-3-'-'-.
-S-E-C-. -2-. -A-M-E-N-D-M-E-N-T-S -T-O -T-H-E -N-A-T-I-O-N-A-L
-F-O-U-N-D-A-T-I-O-N -O-N -T-H-E -A-R-T-S -A-N-D -T-H-E
-H-U-M-A-N-I-T-I-E-S -A-C-T -O-F -1-9-6-5-.
-(-a-) -F-u-n-d-s -A-u-t-h-o-r-i-z-e-d -f-o-r -P-r-o-g-r-a-m
-G-r-a-n-t-s-.----S-e-c-t-i-o-n -1-1-(-a-)-(-1-) -o-f -t-h-e
-N-a-t-i-o-n-a-l -F-o-u-n-d-a-t-i-o-n -o-n -t-h-e -A-r-t-s -a-n-d
-t-h-e -H-u-m-a-n-i-t-i-e-s -A-c-t -o-f -1-9-6-5 -(-2-0 -U-.-S-.-C-.
-9-6-0-(-a-)-(-1-)-) -i-s -a-m-e-n-d-e-d---
-(-1-) -i-n -s-u-b-p-a-r-a-g-r-a-p-h -(-A-)---
-(-A-) -i-n -c-l-a-u-s-e -(-i-) -b-y
-s-t-r-i-k-i-n-g -`-`-$-1-2-5-,-8-0-0-,-0-0-0-'-'
-a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h
-`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g
-`-`-$-1-1-9-,-9-8-5-,-0-0-0 -f-o-r -f-i-s-c-a-l
-y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y
-b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r
-1-9-9-5-'-'-;
-(-B-) -b-y -a-m-e-n-d-i-n-g -c-l-a-u-s-e -(-i-i-)
-t-o -r-e-a-d -a-s -f-o-l-l-o-w-s-:
-`-`-(-i-i-) -N-o-t -l-e-s-s -t-h-a-n -2-7-.-5 -p-e-r-c-e-n-t -o-f
-t-h-e -a-m-o-u-n-t -a-p-p-r-o-p-r-i-a-t-e-d -u-n-d-e-r -c-l-a-u-s-e
-(-i-) -f-o-r -e-a-c-h -o-f -t-h-e -f-i-s-c-a-l -y-e-a-r-s -1-9-9-4
-a-n-d -1-9-9-5 -s-h-a-l-l -b-e -f-o-r -c-a-r-r-y-i-n-g -o-u-t
-s-e-c-t-i-o-n -5-(-g-)-.-'-'-; -a-n-d
-(-C-) -i-n -t-h-e -f-i-r-s-t -s-e-n-t-e-n-c-e -o-f
-c-l-a-u-s-e -(-i-i-i-) -b-y -s-t-r-i-k-i-n-g
-`-`-F-o-r-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s
-t-h-r-o-u-g-h -`-`-s-h-a-l-l-'-'-, -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-N-o-t -l-e-s-s -t-h-a-n -7-.-5
-p-e-r-c-e-n-t -o-f -t-h-e -a-m-o-u-n-t
-a-p-p-r-o-p-r-i-a-t-e-d -u-n-d-e-r -c-l-a-u-s-e -(-i-)
-f-o-r -e-a-c-h -o-f -t-h-e -f-i-s-c-a-l -y-e-a-r-s
-1-9-9-4 -a-n-d -1-9-9-5 -s-h-a-l-l-'-'-; -a-n-d
-(-2-) -i-n -t-h-e -f-i-r-s-t -s-e-n-t-e-n-c-e -o-f
-s-u-b-p-a-r-a-g-r-a-p-h -(-B-) -b-y -s-t-r-i-k-i-n-g
-`-`-$-1-1-9-,-9-0-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t
-f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-$-1-3-0-,-5-7-3-,-0-0-0 -f-o-r
-f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s
-m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r
-1-9-9-5-'-'-.
-(-b-) -F-u-n-d-s -A-u-t-h-o-r-i-z-e-d -T-o -M-a-t-c-h -N-o-n--
-F-e-d-e-r-a-l -F-u-n-d-s -R-e-c-e-i-v-e-d-.----S-e-c-t-i-o-n
-1-1-(-a-) -o-f -t-h-e -N-a-t-i-o-n-a-l -F-o-u-n-d-a-t-i-o-n -o-n
-t-h-e -A-r-t-s -a-n-d -t-h-e -H-u-m-a-n-i-t-i-e-s -A-c-t -o-f -1-9-6-5
-(-2-0 -U-.-S-.-C-. -9-6-0-(-a-)-) -i-s -a-m-e-n-d-e-d---
-(-1-) -i-n -p-a-r-a-g-r-a-p-h -(-2-)---
-(-A-) -i-n -s-u-b-p-a-r-a-g-r-a-p-h -(-A-)---
-(-i-) -b-y -s-t-r-i-k-i-n-g
-`-`-1-9-9-3-'-' -t-h-e -f-i-r-s-t -p-l-a-c-e
-t-h-e -t-e-r-m -a-p-p-e-a-r-s -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-1-9-9-5-'-'-; -a-n-d
-(-i-i-) -b-y -s-t-r-i-k-i-n-g
-`-`-$-1-3-,-0-0-0-,-0-0-0-'-' -a-n-d -a-l-l
-t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h
-`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g
-`-`-$-1-6-,-9-5-5-,-0-0-0 -f-o-r -f-i-s-c-a-l
-y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s
-m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r
-f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-; -a-n-d
-(-B-) -i-n -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)---
-(-i-) -b-y -s-t-r-i-k-i-n-g
-`-`-1-9-9-3-'-' -t-h-e -f-i-r-s-t -p-l-a-c-e
-t-h-e -t-e-r-m -a-p-p-e-a-r-s -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-1-9-9-5-'-'-; -a-n-d
-(-i-i-) -b-y -s-t-r-i-k-i-n-g
-`-`-$-1-2-,-0-0-0-,-0-0-0-'-' -a-n-d -a-l-l
-t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h
-`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g
-`-`-$-1-1-,-9-6-3-,-0-0-0 -f-o-r -f-i-s-c-a-l
-y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s
-m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r
-f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-;
-(-2-) -i-n -p-a-r-a-g-r-a-p-h -(-3-)---
-(-A-) -i-n -s-u-b-p-a-r-a-g-r-a-p-h -(-A-)---
-(-i-) -b-y -s-t-r-i-k-i-n-g
-`-`-1-9-9-3-'-' -t-h-e -f-i-r-s-t -p-l-a-c-e
-t-h-e -t-e-r-m -a-p-p-e-a-r-s -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-1-9-9-5-'-'-; -a-n-d
-(-i-i-) -b-y -s-t-r-i-k-i-n-g
-`-`-$-1-5-,-0-0-0-,-0-0-0-'-' -a-n-d -a-l-l
-t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h
-`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g
-`-`-$-1-3-,-1-8-7-,-0-0-0 -f-o-r -f-i-s-c-a-l
-y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s
-m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r
-f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-; -a-n-d
-(-B-) -i-n -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)---
-(-i-) -b-y -s-t-r-i-k-i-n-g
-`-`-1-9-9-3-'-' -t-h-e -f-i-r-s-t -p-l-a-c-e
-t-h-e -t-e-r-m -a-p-p-e-a-r-s -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-1-9-9-5-'-'-; -a-n-d
-(-i-i-) -b-y -s-t-r-i-k-i-n-g
-`-`-$-1-5-,-1-5-0-,-0-0-0-'-' -a-n-d -a-l-l
-t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h
-`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g
-`-`-$-1-4-,-2-2-8-,-0-0-0 -f-o-r -f-i-s-c-a-l
-y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s
-m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r
-f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-; -a-n-d
-(-3-) -i-n -t-h-e -l-a-s-t -s-e-n-t-e-n-c-e -o-f
-p-a-r-a-g-r-a-p-h -(-4-) -b-y -s-t-r-i-k-i-n-g
-`-`-s-e-c-t-i-o-n -5-(-l-)-(-2-)-'-' -a-n-d -i-n-s-e-r-t-i-n-g
-`-`-s-e-c-t-i-o-n -5-(-p-)-(-2-)-'-'-.
-(-c-) -F-u-n-d-s -A-u-t-h-o-r-i-z-e-d -f-o-r
-A-d-m-i-n-i-s-t-r-a-t-i-o-n -o-f -P-r-o-g-r-a-m-s -o-f -t-h-e
-N-a-t-i-o-n-a-l -E-n-d-o-w-m-e-n-t-s-.----S-e-c-t-i-o-n -1-1-(-c-)
-o-f -t-h-e -N-a-t-i-o-n-a-l -F-o-u-n-d-a-t-i-o-n -o-n -t-h-e -A-r-t-s
-a-n-d -t-h-e -H-u-m-a-n-i-t-i-e-s -A-c-t -o-f -1-9-6-5 -(-2-0
-U-.-S-.-C-. -9-6-0-(-c-)-) -i-s -a-m-e-n-d-e-d---
-(-1-) -i-n -p-a-r-a-g-r-a-p-h -(-1-) -b-y -s-t-r-i-k-i-n-g
-`-`-$-2-1-,-2-0-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t
-f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-$-2-4-,-4-6-6-,-0-0-0 -f-o-r
-f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s
-m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r
-1-9-9-5-'-'-; -a-n-d
-(-2-) -i-n -p-a-r-a-g-r-a-p-h -(-2-) -b-y -s-t-r-i-k-i-n-g
-`-`-$-1-7-,-9-5-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t
-f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-$-2-0-,-7-2-7-,-0-0-0 -f-o-r
-f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s
-m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r
-1-9-9-5-'-'-.
-(-d-) -L-i-m-i-t-a-t-i-o-n-s -o-n -T-o-t-a-l
-A-p-p-r-o-p-r-i-a-t-i-o-n-s -A-u-t-h-o-r-i-z-e-d-.----S-e-c-t-i-o-n
-1-1-(-d-) -o-f -t-h-e -N-a-t-i-o-n-a-l -F-o-u-n-d-a-t-i-o-n -o-n
-t-h-e -A-r-t-s -a-n-d -t-h-e -H-u-m-a-n-i-t-i-e-s -A-c-t -o-f -1-9-6-5
-(-2-0 -U-.-S-.-C-. -9-6-0-(-d-)-) -i-s -a-m-e-n-d-e-d---
-(-1-) -i-n -p-a-r-a-g-r-a-p-h -(-1-) -b-y -s-t-r-i-k-i-n-g
-`-`-e-x-c-e-e-d-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s
-t-h-r-o-u-g-h -t-h-e -p-e-r-i-o-d -a-t -t-h-e -e-n-d-, -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-e-x-c-e-e-d -$-1-7-4-,-5-9-3-,-0-0-0
-f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4-.-'-'-; -a-n-d
-(-2-) -i-n -p-a-r-a-g-r-a-p-h -(-2-) -b-y -s-t-r-i-k-i-n-g
-`-`-e-x-c-e-e-d-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s
-t-h-r-o-u-g-h -t-h-e -p-e-r-i-o-d -a-t -t-h-e -e-n-d-, -a-n-d
-i-n-s-e-r-t-i-n-g -`-`-e-x-c-e-e-d -$-1-7-7-,-4-9-1-,-0-0-0
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arts, Humanities, and Museums
Amendments of 1993''.
SEC. 2. AMENDMENTS TO THE NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES ACT OF 1965.
(a) Modification of Limitation on Use of Federal Funds.--Section
5(g) of the National Foundation on the Arts and the Humanities Act of
1965 (20 U.S.C. 954(g)) is amended--
(1) in paragraph (4)(C)--
(A) by inserting ``(i)'' after ``(C)''; and
(B) by adding at the end the following:
``(ii) Notwithstanding any other provision of this subsection, the
amount allotted to a State for the current fiscal year under this
subsection may not be greater than the amount so allotted to such State
for the preceding fiscal year if--
``(I) the amount of State funds to be expended for such
current fiscal year to carry out this subsection is less than
the average annual amount expended by such State during the
most recent preceding period of 3 fiscal years to carry out
this subsection; and
``(II) the rate of the reduction in the amount of State
funds exceeds the rate of reduction in the aggregate of all
general fund expenditures to be made by the State in such
current fiscal year.''; and
(2) in paragraph (5)--
(A) by striking ``(5) All'' and inserting ``(5)(A)
Except as provided in subparagraph (B), all''; and
(B) by adding at the end the following:
``(B) All amounts allotted under paragraph (3) that are not made
available to a State as a result of the operation of subsection
(g)(4)(C)(ii) shall be allotted to the remaining States in equal
amounts.''.
(b) Funds Authorized for Program Grants.--Section 11(a)(1) of the
National Foundation on the Arts and the Humanities Act of 1965 (20
U.S.C. 960(a)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (i) by striking ``$125,800,000'' and
all that follows through ``1993'', and inserting
``$119,985,000 for fiscal year 1994 and such sums as
may be necessary for fiscal year 1995'';
(B) by amending clause (ii) to read as follows:
``(ii) Not less than 27.5 percent of the amount appropriated under
clause (i) for each of the fiscal years 1994 and 1995 shall be for
carrying out section 5(g).''; and
(C) in the first sentence of clause (iii) by
striking ``For'' and all that follows through
``shall'', and inserting ``Not less than 7.5 percent of
the amount appropriated under clause (i) for each of
the fiscal years 1994 and 1995 shall''; and
(2) in the first sentence of subparagraph (B) by striking
``$119,900,000'' and all that follows through ``1993'', and
inserting ``$130,573,000 for fiscal year 1994 and such sums as
may be necessary for fiscal year 1995''.
(c) Funds Authorized To Match Non-Federal Funds Received.--Section
11(a) of the National Foundation on the Arts and the Humanities Act of
1965 (20 U.S.C. 960(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``1993'' the first place
the term appears and inserting ``1995''; and
(ii) by striking ``$13,000,000'' and all
that follows through ``1993'', and inserting
``$16,955,000 for fiscal year 1994 and such
sums as may be necessary for fiscal year
1995''; and
(B) in subparagraph (B)--
(i) by striking ``1993'' the first place
the term appears and inserting ``1995''; and
(ii) by striking ``$12,000,000'' and all
that follows through ``1993'', and inserting
``$11,963,000 for fiscal year 1994 and such
sums as may be necessary for fiscal year
1995'';
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``1993'' the first place
the term appears and inserting ``1995''; and
(ii) by striking ``$15,000,000'' and all
that follows through ``1993'', and inserting
``$13,187,000 for fiscal year 1994 and such
sums as may be necessary for fiscal year
1995''; and
(B) in subparagraph (B)--
(i) by striking ``1993'' the first place
the term appears and inserting ``1995''; and
(ii) by striking ``$15,150,000'' and all
that follows through ``1993'', and inserting
``$14,228,000 for fiscal year 1994 and such
sums as may be necessary for fiscal year
1995''; and
(3) in the last sentence of paragraph (4) by striking
``section 5(l)(2)'' and inserting ``section 5(p)(2)''.
(d) Funds Authorized for Administration of Programs of the National
Endowments.--Section 11(c) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 960(c)) is amended--
(1) in paragraph (1) by striking ``$21,200,000'' and all
that follows through ``1993'', and inserting ``$24,466,000 for
fiscal year 1994 and such sums as may be necessary for fiscal
year 1995''; and
(2) in paragraph (2) by striking ``$17,950,000'' and all
that follows through ``1993'', and inserting ``$20,727,000 for
fiscal year 1994 and such sums as may be necessary for fiscal
year 1995''.
(e) Limitations on Total Appropriations Authorized.--Section 11(d)
of the National Foundation on the Arts and the Humanities Act of 1965
(20 U.S.C. 960(d)) is amended--
(1) in paragraph (1) by striking ``exceed'' and all that
follows through the period at the end, and inserting ``exceed
$174,593,000 for fiscal year 1994.''; and
(2) in paragraph (2) by striking ``exceed'' and all that
follows through the period at the end, and inserting ``exceed
$177,491,000 for fiscal year 1994.''.
(f) Investigation and Report.--Not later than September 30, 1995,
the Chairperson of the National Endowment for the Arts shall--
(1) conduct an investigation of State compliance with
section 5(g)(4)(C)(i) of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 954(g)(4)(C)(i)); and
(2) submit to the Speaker of the House of Representatives
and the President pro tempore, a report containing--
(A) the results of such investigation; and
(B) any information and recommendations as the
Chairperson considers to be appropriate.
SEC. 3. AMENDMENTS TO THE MUSEUM SERVICES ACT.
Section 209 of the Museum Services Act (20 U.S.C. 967) is amended--
(1) in subsection (a) by striking ``$24,000,000'' and all
that follows through ``1993'', and inserting ``$28,777,000 for
fiscal year 1994 and such sums as may be necessary for fiscal
year 1995''; and
(2) in subsection (d) by striking ``1993'' and inserting
``1995''. | Arts, Humanities, and Museums Amendments of 1993 - Amends the National Foundation on the Arts and the Humanities Act of 1965 (NFAHA) to prohibit the National Endowment for the Arts from increasing a State allotment if that State decreased its own funding for the arts below the average level for the previous three years and such reduction rate exceeds that for all its general fund expenditures in the current fiscal year.
Extends through FY 1995 the authorization of appropriations to carry out NFAHA, including funds for: (1) program grants and other assistance by the National Endowment for the Arts (NEA) and the National Endowment for the Humanities (NEH); (2) matching non-Federal funds received; and (3) administration of NEA and NEH programs. Sets limitations on total appropriations authorized for the NEA and the NEH respectively in FY 1994.
Requires an investigation and report on State compliance with specified NFAHA provisions.
Amends the Museum Services Act to extend through FY 1995 the authorization of appropriations to carry out such Act, including funds for: (1) grants to museum to increase and improve services; and (2) functions of the Institute of Museum Services (which is within the National Foundation on the Arts and the Humanities). | {"src": "billsum_train", "title": "Arts, Humanities, and Museums Amendments of 1993"} | 9,122 | 280 | 0.191273 | 0.422903 | 0.42766 | 2.647303 | 29.510373 | 0.780083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hereditary Hemorrhagic
Telangiectasia Diagnosis and Treatment Act of 2015''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Hereditary hemorrhagic telangiectasia (HHT) is a
largely undiagnosed or misdiagnosed vascular genetic bleeding
disorder resulting in artery-vein malformations (AVMs) which
lead to preventable catastrophic and disabling consequences.
HHT can cause sudden death at any age, unless detected and
treated. Early detection, screening, and use of readily
available treatment can prevent premature deaths and long-term
health complications resulting from HHT. A person with HHT has
the tendency to form blood vessels that lack the capillaries
between an artery and vein. HHT often results in spontaneous
hemorrhage or stroke from brain or lung AVMs. In addition to
hemorrhagic stroke, embolic stroke and brain abscess occur in
approximately 30 percent of persons with HHT artery-vein
malformations in the lung (due to lack of capillaries between
the arterial and venous systems which normally filter out clots
and bacteria).
(2) One in 5,000 American children and adults suffer from
HHT.
(3) Studies have found an increase in morbidity and
mortality rates for individuals who suffer from HHT.
(4) Due to the widespread lack of knowledge, accurate
diagnosis, and appropriate intervention, 90 percent of HHT-
affected families are at risk for preventable, life-
threatening, and disabling medical incidents such as stroke.
(5) Early detection, screening, and treatment can prevent
premature deaths, spontaneous hemorrhage, hemorrhagic stroke,
embolic stroke, brain abscess, and other long-term health care
complications resulting from HHT.
(6) HHT is an important health condition with serious
health consequences which are amenable to early identification
and diagnosis with suitable tests, and acceptable and available
treatments in established treatment centers.
(7) Timely identification and management of HHT cases is an
important public health objective because it will save lives,
prevent disability, and reduce direct and indirect health care
costs. A recent study found that use of a genetic testing model
for HHT diagnosis saves $9.9 million in that screening can be
limited to those persons within the family groups who actually
have the gene defect, leading to early intervention in those
found to have treatable AVMs.
(8) Without a new program for early detection, screening,
and treatment, 14,000 children and adults who suffer from HHT
in the population today will suffer premature death and
disability.
SEC. 3. PURPOSE.
The purpose of this Act is to create a federally led and financed
initiative for early diagnosis and appropriate treatment of hereditary
hemorrhagic telangiectasia that will--
(1) reduce the suffering of families;
(2) prevent premature death and disability; and
(3) lower health care costs through proven treatment
interventions.
SEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:
``SEC. 317U. HEREDITARY HEMORRHAGIC TELANGIECTASIA.
``(a) In General.--With respect to hereditary hemorrhagic
telangiectasia (in this section referred to as `HHT'), the Director of
the Centers for Disease Control and Prevention (in this section
referred to as the `Director') shall carry out the following
activities:
``(1) The conduct of surveillance of the prevalence and
incidence of HHT as described in subsection (c).
``(2) The identification and conduct of investigations to
further develop and support guidelines for diagnosis of, and
intervention for, HHT, including cost-benefit studies.
``(3) The development of a standardized survey and
screening tool on family history.
``(4) The establishment, in collaboration with a voluntary
health organization representing HHT families, of an HHT
resource center within the Centers for Disease Control and
Prevention to provide comprehensive education on, and
disseminate information about, HHT to health professionals,
patients, industry, and the public.
``(5) The conduct or support of public awareness programs
in collaboration with medical, genetic, and professional
organizations to improve the education of health professionals
about HHT.
``(b) Collaborative Approaches.--The Director shall carry out this
section through collaborative approaches within the National Center on
Birth Defects and Developmental Disabilities and the Division for Heart
Disease and Stroke Prevention of the Centers for Disease Control and
Prevention for clotting and bleeding disorders.
``(c) Related Activities.--In carrying out subsection (a), the
Director shall--
``(1) designate and provide funding for a sufficient number
of HHT Treatment Centers of Excellence--
``(A) to collect data on the prevalence of, and
stroke incidence associated with, HHT; and
``(B) to improve patient access to information,
diagnosis, early intervention, and treatment of HHT;
``(2) provide data collected under paragraph (1) to the
Paul Coverdell National Acute Stroke Registry to facilitate--
``(A) analyses of the natural history of
hemorrhagic and embolic stroke in HHT; and
``(B) development of screening and artery-vein
malformation treatment guidelines specific to
prevention of complications from HHT; and
``(3) develop and implement programs, targeted for
physicians and health care professional groups likely to be
accessed by families with HHT, to increase HHT diagnosis and
treatment rates through the--
``(A) establishment of a partnership with HHT
Treatment Centers of Excellence designated under
paragraph (1) through the creation of a database of
patients assessed at such HHT Treatment Centers of
Excellence (including with respect to phenotype
information, genotype information, transfusion
dependence, and radiological findings); and
``(B) inclusion of other medical providers who
treat HHT patients.
``(d) Eligibility for Designation as an HHT Treatment Center of
Excellence.--In carrying out subsection (c)(1), the Director may
designate, as an HHT Treatment Center of Excellence, only academic
health centers demonstrated to have each of the following:
``(1) A team of medical experts capable of providing
comprehensive evaluation, treatment, and education to
individuals with known or suspected HHT and their health care
providers.
``(2) Administrative staff with sufficient knowledge to
respond to patient inquiries and coordinate patient care in a
timely fashion.''.
SEC. 5. ADDITIONAL HEALTH AND HUMAN SERVICES ACTIVITIES.
With respect to hereditary hemorrhagic telangiectasia (in this
section referred to as ``HHT''), the Secretary of Health and Human
Services, acting through the Administrator of the Centers for Medicare
& Medicaid Services, shall award grants on a competitive basis--
(1) for an analysis by grantees of the Medicare Provider
Analysis and Review (MEDPAR) file to develop preliminary
estimates from the Medicare program under title XVIII of the
Social Security Act for preventable costs of annual health care
expenditures including items, services, and treatments
associated with untreated HHT furnished to individuals with
HHT, as well as socioeconomic costs such as disability
expenditures associated with preventable medical events in this
population, who are entitled to benefits under part A of title
XVIII of the Social Security Act or enrolled under part B of
such title; and
(2) to make recommendations regarding an enhanced data
collection protocol to permit a more precise determination of
the total costs described in paragraph (1).
SEC. 6. NATIONAL INSTITUTES OF HEALTH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409K. HEREDITARY HEMORRHAGIC TELANGIECTASIA.
``(a) HHT Initiative.--
``(1) Establishment.--The Secretary shall establish and
implement an HHT initiative to assist in coordinating
activities to improve early detection, screening, and treatment
of people who suffer from HHT. Such initiative shall focus on--
``(A) advancing research on the causes, diagnosis,
and treatment of HHT, including through the conduct or
support of such research; and
``(B) increasing physician and public awareness of
HHT.
``(2) Consultation.--In carrying out this subsection, the
Secretary shall consult with the Director of the National
Institutes of Health and the Director of the Centers for
Disease Control and Prevention.
``(b) HHT Coordinating Committee.--
``(1) Establishment.--Not later than 60 days after the date
of enactment of this section, the Secretary, in consultation
with the Director of the National Institutes of Health, shall
establish a committee to be known as the HHT Coordinating
Committee.
``(2) Membership.--
``(A) In general.--The members of the Committee
shall be appointed by the Secretary, in consultation
with the Director of the National Institutes of Health,
and shall consist of 12 individuals who are experts in
HHT or arteriovenous malformation (AVM) as follows:
``(i) Four representatives of HHT Treatment
Centers of Excellence designated under section
317U(c)(1).
``(ii) Four experts in vascular, molecular,
or basic science.
``(iii) Four representatives of the
National Institutes of Health.
``(B) Chair.--The Secretary shall designate the
Chair of the Committee from among its members.
``(C) Interim members.--In place of the 4 members
otherwise required to be appointed under subparagraph
(A)(i), the Secretary may appoint 4 experts in
vascular, molecular, or basic science to serve as
members of the Committee during the period preceding
designation and establishment of HHT Treatment Centers
of Excellence under section 317U.
``(D) Publication of names.--Not later than 30 days
after the establishment of the Committee, the Secretary
shall publish the names of the Chair and members of the
Committee on the public Web site of the Department of
Health and Human Services.
``(E) Terms.--The members of the Committee shall
each be appointed for a 3-year term and, at the end of
each such term, may be reappointed.
``(F) Vacancies.--A vacancy on the Committee shall
be filled by the Secretary in the same manner in which
the original appointment was made.
``(3) Responsibilities.--The Committee shall develop and
coordinate implementation of a plan to advance research and
understanding of HHT by--
``(A) conducting or supporting basic,
translational, and clinical research on HHT across the
relevant national research institutes, national
centers, and offices of the National Institutes of
Health, including the National Heart, Lung, and Blood
Institute; the National Institute of Neurological
Disorders and Stroke; the National Institutes of
Diabetes and Digestive and Kidney Diseases; the Eunice
Kennedy Shriver National Institute of Child Health and
Human Development; the National Cancer Institute; the
National Human Genome Research Institute; the National
Center for Advancing Translational Sciences (including
the Office of Rare Diseases Research); and the National
Institute of Biomedical Imaging and Bioengineering; and
``(B) conducting evaluations and making
recommendations to the Secretary, the Director of the
National Institutes of Health, and the Director of the
National Cancer Institute regarding the prioritization
and award of National Institutes of Health research
grants relating to HHT, including with respect to
grants for--
``(i) expanding understanding of HHT
through basic, translational, and clinical
research on the cause, diagnosis, prevention,
control, and treatment of HHT;
``(ii) training programs on HHT for
scientists and health professionals; and
``(iii) HHT genetic testing research to
improve the accuracy of genetic testing.
``(c) Definitions.--In this section:
``(1) The term `Committee' means the HHT Coordinating
Committee established under subsection (b).
``(2) The term `HHT' means hereditary hemorrhagic
telangiectasia.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out section 317U of the Public Health
Service Act as added by section 4 of this Act, section 5 of this Act,
and section 409K of the Public Health Service Act as added by section 6
of this Act, there is authorized to be appropriated $5,000,000 for each
of fiscal years 2016 through 2020.
(b) Resource Center.--Of the amount authorized to be appropriated
under subsection (a) for each of fiscal years 2016 through 2020,
$1,000,000 shall be for carrying out section 317U(a)(4) of the Public
Health Service Act (providing for an HHT resource center), as added by
section 4 of this Act.
(c) Offset.--There is authorized to be appropriated to the
Department of Health and Human Services for salaries and expenses of
the Department for each of fiscal years 2016 through 2020 the amount
that is $5,000,000 less than the amount appropriated for such salaries
and expenses for fiscal year 2015. | Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2015 Amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to establish and implement a hereditary hemorrhagic telangiectasia (HHT, a genetic vascular bleeding disorder that causes abnormalities of the blood vessels) initiative to improve early detection, screening, and treatment of people who suffer from HHT, focusing on advancing HHT research and increasing physician and public awareness of HHT. Directs HHS to establish the HHT Coordinating Committee to develop and coordinate implementation of a plan to advance research and understanding of HHT, including by conducting or supporting research at the National Institutes of Health (NIH) and making recommendations regarding NIH research grants relating to HHT. Requires the Centers for Disease Control and Prevention to carry out activities with respect to HHT, including conducting surveillance and establishing an HHT resource center to provide comprehensive education on and disseminate information about HHT to health professionals, patients, industry, and the public. Requires the Centers for Medicare & Medicaid Services to award grants for HHT research, including an analysis of health care expenditures associated with untreated HHT and costs associated with preventable medical events among Medicare beneficiaries with HHT. | {"src": "billsum_train", "title": "Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2015"} | 2,987 | 298 | 0.59252 | 1.967572 | 0.918628 | 3.495536 | 11.892857 | 0.924107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlining and Expediting Approval
for Communications Technologies Act''.
SEC. 2. TRACKING OF APPLICATIONS TO LOCATE OR MODIFY COMMUNICATIONS
FACILITIES ON FEDERAL REAL PROPERTY.
(a) Tracking by Senior Real Property Officers.--
(1) In general.--For the first fiscal year that begins more
than 1 year after the date of the enactment of this Act, and
each fiscal year thereafter, the Senior Real Property Officer
of a covered agency shall track applications to locate or
modify communications facilities on covered assets of such
agency.
(2) Information included.--The tracking required by
paragraph (1) shall include tracking of--
(A) the number of applications described in such
paragraph that are--
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application described in such
paragraph that is denied, the reasons for the denial;
(C) the amount of time between the receipt of an
application described in such paragraph and the
issuance of a final decision on such application;
(D) in the case of an application described in such
paragraph with respect to which the agency is not in
compliance with a deadline for action that is imposed
by statute or regulation or has not achieved a
performance goal included in a performance plan of the
agency under section 1115(b) of title 31, United States
Code, the reasons for the delay; and
(E) the cost to the agency of considering
applications described in such paragraph.
(3) Reports.--
(A) From srpos to ntia.--Not later than 90 days
after the end of each fiscal year for which the Senior
Real Property Officer of a covered agency is required
under paragraph (1) to track applications described in
such paragraph, the Senior Real Property Officer shall
submit to the Assistant Secretary a report on the
tracking of such applications during such fiscal year
that includes the information described in paragraph
(2).
(B) From ntia to congress.--Not later than 180 days
after the end of each fiscal year for which the Senior
Real Property Officer of a covered agency is required
under paragraph (1) to track applications described in
such paragraph, the Assistant Secretary shall submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report that
contains--
(i) the information described in paragraph
(2) that was contained in each report submitted
by a Senior Real Property Officer under
subparagraph (A) for the fiscal year;
(ii) an analysis of the speed and
efficiency of the consideration by each covered
agency of such applications during the fiscal
year; and
(iii) any recommendations on how to improve
the process of considering such applications
that the Assistant Secretary considers
appropriate.
(4) Response to inquiries.--Beginning on the first day of
the first fiscal year for which the Senior Real Property
Officer of a covered agency is required under paragraph (1) to
track applications described in such paragraph, the Senior Real
Property Officer shall respond to an inquiry about the status
of such an application from the applicant not later than 7 days
after the date on which the Senior Real Property Officer
receives the inquiry.
(b) Inclusion of Goals in Agency Performance Plans.--Beginning with
the first performance plan that the head of a covered agency is
required to make available under section 1115(b) of title 31, United
States Code, after the date that is 60 days after the date of the
enactment of this Act, the head of the agency shall include in such
plan performance goals for the speed and efficiency of the
consideration by the agency of applications described in subsection
(a)(1).
(c) Covered Agency Defined.--In this section, the term ``covered
agency'' means an agency for which a Senior Real Property Officer is
designated under Executive Order 13327 (69 Fed. Reg. 5895). | Streamlining and Expediting Approval for Communications Technologies Act This bill directs Senior Real Property Officers of specified federal agencies to track applications to locate or modify communications facilities on certain federal real property assets of those agencies. Each officer shall report on the tracking of such applications to the National Telecommunications and Information Administration (NTIA). In turn, the NTIA shall report to Congress on the information in each submitted report and analyses of the application process. An officer must respond to an inquiry about the status of an application from the applicant no later than seven days after receiving such inquiry. | {"src": "billsum_train", "title": "Streamlining and Expediting Approval for Communications Technologies Act"} | 865 | 123 | 0.612226 | 1.802716 | 0.657866 | 2.254545 | 7.472727 | 0.818182 |
SECTION 1. DEPARTMENT OF DEFENSE PAYMENT FOR CONTINUATION OF NON-
TRICARE HEALTH BENEFITS COVERAGE FOR CERTAIN MOBILIZED
RESERVES.
(a) Payment of Premiums.--
(1) Requirement to pay premiums.--Chapter 55 of title 10,
United States Code, is amended by inserting after section 1078a
the following new section:
``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage
for certain Reserves called or ordered to active duty and
their dependents
``(a) Payment of Premiums.--The Secretary concerned shall pay the
applicable premium to continue in force any qualified health benefits
plan coverage for an eligible reserve component member for the benefits
coverage continuation period if timely elected by the member in
accordance with regulations prescribed under subsection (h).
``(b) Eligible Member.--A member of a reserve component who is
called or ordered to active duty for a period of more than 30 days
under a provision of law referred to in section 101(a)(13)(B) of this
title is eligible for payment of the applicable premium for
continuation of qualified health benefits plan coverage under
subsection (a).
``(c) Qualified Health Benefits Plan Coverage.--For the purposes of
this section, health benefits plan coverage for a member called or
ordered to active duty is qualified health benefits plan coverage if--
``(1) the coverage was in force on the date on which the
Secretary notified the member that issuance of the call or
order was pending or, if no such notification was provided, the
date of the call or order; and
``(2) on that date, the coverage applied to the member and
dependents of the member.
``(d) Applicable Premium.--The applicable premium payable under
this section for continuation of health benefits plan coverage in the
case of a member is the amount of the premium payable by the member for
the coverage of the member and dependents.
``(e) Benefits Coverage Continuation Period.--The benefits coverage
continuation period under this section for qualified health benefits
plan coverage in the case of a member called or ordered to active duty
is the period that--
``(1) begins on the date of the call or order; and
``(2) ends on the earlier of the date on which--
``(A) the member's eligibility for transitional
health care under section 1145(a) of this title
terminates under paragraph (3) of such section;
``(B) the member or the dependents of the member
eligible for benefits under the qualified health
benefits plan coverage become covered by another health
benefits plan that is not TRICARE; or
``(C) the member elects to terminate the continued
qualified health benefits plan coverage of the
dependents of the member.
``(f) Extension of Period of COBRA Coverage.--Notwithstanding any
other provision of law--
``(1) any period of coverage under a COBRA continuation
provision (as defined in section 9832(d)(1) of the Internal
Revenue Code of 1986) for a member under this section shall be
deemed to be equal to the benefits coverage continuation period
for such member under this section; and
``(2) with respect to the election of any period of
coverage under a COBRA continuation provision (as so defined),
rules similar to the rules under section 4980B(f)(5)(C) of such
Code shall apply.
``(g) Special Rule With Respect to Individual Health Insurance
Coverage.--With respect to a member of a reserve component described in
subsection (b) who was enrolled in individual health insurance coverage
(as such term is defined in section 2791(b)(5) of the Public Health
Service Act) on the date on which the member was called or ordered to
active duty, the health insurance issuer may not--
``(1) decline to offer such coverage to, or deny re-
enrollment of, such individual during the benefits coverage
continuation period described in subsection (e);
``(2) impose any preexisting condition exclusion (as
defined in section 2701(b)(1)(A) of the Public Health Service
Act) with respect to the re-enrollment of such member for such
coverage during such period; or
``(3) increase the premium rate for re-enrollment of such
member under such coverage during such period above the rate
that was paid for the coverage prior to the date of such call
or order.
``(h) Nonduplication of Benefits.--A dependent of a member who is
eligible for benefits under qualified health benefits plan coverage
paid on behalf of a member by the Secretary concerned under this
section is not eligible for benefits under TRICARE during a period of
the coverage for which so paid.
``(i) Revocability of Election.--A member who makes an election
under subsection (a) may revoke the election. Upon such a revocation,
the member's dependents shall become eligible for TRICARE as provided
for under this chapter.
``(j) Regulations.--The Secretary of Defense shall prescribe
regulations for carrying out this section. The regulations shall
include such requirements for making an election of payment of
applicable premiums as the Secretary considers appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1078a the following new item:
``1078b. Continuation of non-TRICARE health benefits plan coverage for
certain Reserves called or ordered to
active duty and their dependents.''.
(b) Applicability.--Section 1078b of title 10, United States Code
(as added by subsection (a)), shall apply with respect to calls or
orders of members of reserve components of the Armed Forces to active
duty as described in subsection (b) of such section, that are issued by
the Secretary of a military department on or after the date of the
enactment of this Act. | Directs the Secretary of the military department concerned to pay the applicable premium to continue in force during the duty period any qualified health benefits plan coverage of a member of the reserves who is called or ordered to active duty for more than 30 days during a war or national emergency. Prohibits the private health insurance issuer of such a member from declining coverage or re-enrollment, imposing re-enrollment exclusions, or increasing premiums during such benefits coverage continuation period. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to provide for Department of Defense funding of continuation of health benefits plan coverage for certain Reserves called or ordered to active duty and their dependents, and for other purposes."} | 1,323 | 106 | 0.636914 | 1.61353 | 0.846309 | 2.597701 | 13.586207 | 0.873563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Infrastructure and Technology
Modernization Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner responsible for United States Customs and Border
Protection of the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and Canada.
(4) Southern border.--The term ``southern border'' means
the international border between the United States and Mexico.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY
PERSONNEL.
(a) Officers and Agents.--
(1) Increase in officers and agents.--During each of fiscal
years 2008 through 2012, the Secretary shall--
(A) increase the number of full-time agents and
associated support staff in United States Immigration
and Customs Enforcement of the Department of Homeland
Security by the equivalent of at least 100 more than
the number of such employees as of the end of the
preceding fiscal year; and
(B) increase the number of full-time officers,
agricultural specialists, and associated support staff
in the United States Customs and Border Protection of
the Department of Homeland Security by the equivalent
of at least 200 more than the number of such employees
as of the end of the preceding fiscal year.
(2) Waiver of fte limitation.--The Secretary is authorized
to waive any limitation on the number of full-time equivalent
personnel assigned to the Department of Homeland Security to
fulfill the requirements of paragraph (1).
(b) Training.--The Secretary, acting through the Assistant
Secretary for United States Immigration and Customs Enforcement and the
Commissioner, shall provide appropriate training for agents, officers,
agricultural specialists, and associated support staff of the
Department of Homeland Security on an ongoing basis to utilize new
technologies and to ensure that the proficiency levels of such
personnel are acceptable to protect the borders of the United States.
SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
(a) Requirement To Update.--Not later than January 31 of each year,
the Commissioner, in consultation with the Administrator of General
Services shall--
(1) review the Port of Entry Infrastructure Assessment
Study prepared by United States Customs and Border Protection,
United States Citizenship and Immigration Services, and the
General Services Administration in accordance with the matter
relating to the ports of entry infrastructure assessment that
is set out in the joint explanatory statement in the conference
report accompanying H.R. 2490 of the 106th Congress, 1st
session (House of Representatives Rep. No. 106-319, on page 67)
and the nationwide strategy to prioritize and address the
infrastructure needs at the land ports-of-entry prepared by the
Department of Homeland Security and the General Services
Administration in accordance with the Senate report
accompanying H.R. 2555 of the 108th Congress, 1st session
(Senate Rep. No. 108-86, on page 22);
(2) update the assessment of the infrastructure needs of
all United States land ports of entry; and
(3) submit to Congress such updated assessment.
(b) Consultation.--In preparing the updated assessment required in
subsection (a), the Commissioner and the Administrator of General
Services shall consult with the Director of the Office of Management
and Budget, the Secretary, and appropriate officials from affected
State and local agencies on the northern border or the southern border.
(c) Contents.--Each updated assessment required in subsection (a)
shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 5; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project to--
(A) enhance the ability of United States Customs
and Border Protection to achieve its mission and to
support operations;
(B) fulfill security requirements; and
(C) facilitate trade across the borders of the
United States.
(d) Project Implementation.--As appropriate, the Commissioner shall
implement the infrastructure and technology improvement projects
described in subsection (c) in the order of priority assigned to each
project under paragraph (3) of such subsection, or forward the
prioritized list of infrastructure and technology improvement projects
to the Administrator of General Services for implementation in the
order of priority assigned to each project under such paragraph (3).
(e) Divergence From Priorities.--The Commissioner may diverge from
the priority order if the Commissioner determines that significantly
changed circumstances, including immediate security needs, changes in
infrastructure in Mexico or Canada, or other similar concerns
compellingly alter the need for a project in the United States.
SEC. 5. NATIONAL LAND BORDER SECURITY PLAN.
(a) Requirement for Plan.--Not later than January 31 of each year,
the Secretary, acting through the Commissioner, shall prepare a
National Land Border Security Plan and submit such plan to Congress.
(b) Consultation.--In preparing the plan required in subsection
(a), the Commissioner shall consult with appropriate officials from
other appropriate Federal agencies, and the State, local law
enforcement agencies, and private entities that are involved in
international trade across the northern border or the southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Secretary, acting
through the Commissioner, may establish one or more port
security coordinators at each port of entry located on the
northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required under subsection (a).
SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Commerce Security Programs.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner, in consultation
with the Secretary, shall develop a plan to expand the size and
scope, including personnel needs, of the Customs-Trade
Partnership Against Terrorism program or other voluntary
government-private sector programs to strengthen and improve
the overall security of the international supply chain and
United States border security along the northern border and
southern border.
(2) Southern border demonstration program.--Not later than
180 days after the date of the enactment of this Act, the
Commissioner shall establish a demonstration program along the
southern border for the purpose of implementing at least one
voluntary government-private sector program to strengthen and
improve the overall security of the international supply chain
and United States border security along such border. The
program selected for the demonstration program shall have been
successfully implemented along the northern border as of the
date of the enactment of this Act.
(b) Maquiladora Demonstration Program.--Not later than 180 days
after the date of the enactment of this Act, the Commissioner shall
establish a demonstration program to develop a cooperative trade
security system to improve supply chain security along the southern
border.
SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary, acting through the Commissioner,
shall carry out a technology demonstration program to test and evaluate
new port of entry technologies, refine port of entry technologies and
operational concepts, and train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology tested.--Under the demonstration program,
the Commissioner shall test technologies that enhance port of
entry operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass
destruction.
(2) Facilities developed.--At a demonstration site selected
pursuant to subsection (c)(2), the Commissioner shall develop
facilities to provide appropriate training to law enforcement
personnel who have responsibility for border security,
including cross-training among agencies, advanced law
enforcement training, and equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Commissioner shall carry out the
demonstration program at not fewer than three sites and not
more than five sites.
(2) Location.--At least one of the sites selected under
subsection (c) shall be located on the northern border of the
United States and at least one of the sites selected under
subsection (c) shall be located on the southern border of the
United States.
(3) Selection criteria.--To ensure that at least one of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration program,
has a traffic volume low enough to easily incorporate new
technologies without interrupting normal processing activity,
and can efficiently carry out demonstration and port of entry
operations, at least one port of entry selected as a
demonstration site shall--
(A) have been established not more than 15 years
before the date of the enactment of this Act;
(B) consist of not less than 65 acres, with the
possibility of expansion onto not less than 25 adjacent
acres; and
(C) have serviced an average of not more than
50,000 vehicles per month in the 12 full months
preceding the date of the enactment of this Act.
(d) Relationship With Other Agencies.--The Secretary, acting
through the Commissioner, shall permit personnel from appropriate
Federal and State agencies to utilize a demonstration site described in
subsection (c) to test technologies that enhance port of entry
operations, including those related to inspections, communications,
port tracking, identification of persons and cargo, sensory devices,
personal detection, decision support, and the detection and
identification of weapons of mass destruction.
(e) Report.--
(1) Requirement.--Not later than one year after the date of
the enactment of this Act and annually thereafter, the
Secretary shall submit to Congress a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report shall include an assessment by the
Commissioner of the feasibility of incorporating any
demonstrated technology for use throughout United States
Customs and Border Protection.
SEC. 8. PROJECT CONSOLIDATION AND STREAMLINING; LOCAL EMPLOYMENT
REQUIREMENTS.
(a) Project Consolidation and Streamlining.--With respect to the
implementation of infrastructure and technology improvement projects
under section 4(d), the Customs-Trade Partnership Against Terrorism
program or other voluntary government-private sector programs, the
Southern border demonstration program, and the Maquiladora
demonstration program under section 6, and the technology demonstration
program under section 7, the Commissioner shall take such actions as
are necessary to--
(1) consolidate, where appropriate, Federal, State, and
local government and tribal contracting activities; and
(2) review if Federal, State, or local government or tribal
entities are carrying out similar projects or programs.
(b) Review Process.--
(1) In general.--The Commissioner shall develop a
coordinated review process relating to the projects and
programs referred to in subsection (a) with respect to any
necessary environmental review, analysis, or permit and
licensing processes. Such processes shall be conducted
concurrently and completed within a specific time frame, as
determined by the Commissioner.
(2) Agreements for review.--The Commissioner is authorized
to enter into agreements with State or local governments or
tribal entities for review, permits, hearings, or other process
under paragraph (1) related to the projects and programs
referred to in subsection (a).
(3) Notification.--If the Commissioner determines that a
State or local government or tribal entity has not completed a
process within a specific time frame as required under
paragraph (1), the Commissioner shall promptly notify Congress
of such delay.
(4) No duplication.--The Commissioner shall ensure, to the
greatest extent practicable, that there is no duplication of
efforts among Federal, State, and local government and tribal
contracting activities with respect to the projects and
programs referred to in subsection (a).
(c) Local Employment Requirements.--
(1) In general.--In order to enter into a contract with the
Department of Homeland Security related to the projects and
programs referred to in subsection (a), a private business
shall submit to the Commissioner a certification that not less
than 50 percent of the employees of such business are local
residents.
(2) Waiver.--The Commissioner may waive the local
employment requirement of paragraph (1) if the Commissioner
determines that such requirement is inappropriate in light of
such a project or program.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to any funds otherwise available,
there are authorized to be appropriated--
(1) to carry out the provisions of section 3, such sums as
may be necessary for fiscal years 2008 through 2012;
(2) to carry out the provisions of section 4--
(A) to carry out subsection (a) of such section,
such sums as may be necessary for fiscal years 2008
through 2012; and
(B) to carry out subsection (d) of such section--
(i) $100,000,000 for each of fiscal years
2008 through 2012; and
(ii) such sums as may be necessary in any
succeeding fiscal year;
(3) to carry out the provisions of section 6--
(A) to carry out subsection (a) of such section--
(i) $30,000,000 for fiscal year 2008, of
which $5,000,000 shall be made available to
fund the demonstration project established in
paragraph (2) of such subsection; and
(ii) such sums as may be necessary for
fiscal years 2009 through 2012; and
(B) to carry out subsection (b) of such section--
(i) $5,000,000 for fiscal year 2008; and
(ii) such sums as may be necessary for
fiscal years 2009 through 2012; and
(4) to carry out the provisions of section 7, provided that
not more than $10,000,000 may be expended for technology
demonstration program activities at any one port of entry
demonstration site in any fiscal year--
(A) $50,000,000 for fiscal year 2008; and
(B) such sums as may be necessary for each of
fiscal years 2009 through 2012.
(b) International Agreements.--Funds authorized to be appropriated
in this Act may be used for the implementation of projects described in
the Declaration on Embracing Technology and Cooperation to Promote the
Secure and Efficient Flow of People and Commerce across our Shared
Border between the United States and Mexico, agreed to on March 22,
2002, in Monterrey, Mexico, (commonly known as the Border Partnership
Action Plan), or the Smart Border Declaration between the United States
and Canada, agreed to on December 12, 2001, in Ottawa, Canada, that are
consistent with the provisions of this Act. | Border Infrastructure and Technology Modernization Act of 2007 - Directs the Secretary of the Department of Homeland Security (DHS) to: (1) increase, during FY2008-FY2012, the number of agents in the U.S. Immigration and Customs Enforcement of the DHS and the number of officers and agricultural specialists in the U.S. Customs and Border Protection of the DHS; and (2) provide such agents, officers, and agricultural specialists new technology training to a level of proficiency acceptable to protect U.S. borders.
Directs the Commissioner of the U.S. Customs and Border Protection to review and update, and submit to Congress, the Port of Entry Infrastructure Assessment Study and the nationwide strategy to prioritize and address the infrastructure needs at the land ports-of-entry.
Directs the Secretary to prepare annually, and submit to Congress, a National Land Border Security Plan that includes a vulnerability assessment of each port of entry located on the U.S. northern and southern borders. Authorizes the Secretary to establish one or more port security coordinators at such ports of entry.
Directs the Commissioner to: (1) develop a plan to expand the Customs-Trade Partnership Against Terrorism program or other voluntary government-private sector programs to improve overall international supply chain security, including security along the U.S. northern and southern borders; and (2) establish a demonstration program to develop a cooperative trade security system to improve supply chain security along the southern border.
Directs the Secretary to carry out a technology demonstration program to test and evaluate new port of entry technologies that enhance port of entry inspections and the detection of weapons of mass destruction, and to train personnel in its use.
Sets forth streamlining procedures and certain local employment requirements for projects and programs under this Act. | {"src": "billsum_train", "title": "To authorize appropriations for border and transportation security personnel and technology, and for other purposes."} | 3,290 | 372 | 0.646184 | 1.847782 | 0.813857 | 3.90303 | 9.469697 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary and Secondary School
Library Media Resources, Training, and Advanced Technology Assistance
Act''.
SEC. 2. PURPOSE.
The purposes of this Act are--
(1) to improve academic achievement of students by
providing students with increased access to up-to-date school
library materials, a well-equipped, technologically advanced
school library media center, and well-trained, professionally
certified school library media specialists;
(2) to support the acquisition of up-to-date school library
media resources for the use of students, school library media
specialists, and teachers in elementary schools and secondary
schools;
(3) to provide school library media specialists with the
tools and training opportunities necessary for the specialists
to facilitate the development and enhancement of the
information literacy, information retrieval, and critical
thinking skills of students; and
(4)(A) to ensure the effective coordination of resources
for library, technology, and professional development
activities for elementary schools and secondary schools; and
(B) to ensure collaboration between school library media
specialists, and elementary school and secondary school
teachers and administrators, in developing curriculum-based
instructional activities for students so that school library
media specialists are partners in the learning process of
students.
SEC. 3. SCHOOL LIBRARY MEDIA RESOURCES.
Title III of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6801 et seq.) is amended by adding at the end the following:
``PART F--ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA RESOURCES
``Subpart 1--Library Media Resources
``SEC. 3701. STATE ALLOTMENTS.
``The Secretary shall allot to each eligible State educational
agency for a fiscal year an amount that bears the same relation to the
amount appropriated under section 3710 and not reserved under section
3709 for the fiscal year as the amount the State educational agency
received under part A of title I for the preceding fiscal year bears to
the amount all State educational agencies received under part A of
title I for the preceding fiscal year.
``SEC. 3702. STATE APPLICATIONS.
``To be eligible to receive an allotment under section 3701 for a
State for a fiscal year, the State educational agency shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary shall require. The
application shall contain a description of--
``(1) the manner in which the State educational agency will
use the needs assessment described in section 3705 and poverty
data to allocate funds made available through the allotment to
the local educational agencies in the State with the greatest
need for school library media improvement;
``(2) the manner in which the State educational agency will
effectively coordinate all Federal and State funds available
for library, technology, and professional development
activities to assist local educational agencies, elementary
schools, and secondary schools in--
``(A) acquiring up-to-date school library media
resources in all formats, including books and advanced
technology such as Internet connections;
``(B) providing training for school library media
specialists; and
``(C) facilitating resource-sharing among schools
and school library media centers;
``(3) the manner in which the State educational agency will
develop standards for the incorporation of new technologies
into the curricula of elementary schools and secondary schools
through school library media programs to develop and enhance
the information literacy, information retrieval, and critical
thinking skills of students; and
``(4) the manner in which the State educational agency will
evaluate the quality and impact of activities carried out under
this subpart by local educational agencies to make
determinations regarding the need of the agencies for technical
assistance and whether to continue funding the agencies under
this subpart.
``SEC. 3703. STATE RESERVATION.
``A State educational agency that receives an allotment under
section 3701 may reserve not more than 3 percent of the funds made
available through the allotment to provide technical assistance,
disseminate information about effective school library media programs,
and pay administrative costs, relating to this subpart.
``SEC. 3704. LOCAL ALLOCATIONS.
``(a) In General.--A State educational agency that receives an
allotment under section 3701 for a fiscal year shall use the funds made
available through the allotment and not reserved under section 3703 to
make allocations to local educational agencies.
``(b) Agencies.--The State educational agency shall allocate the
funds to the local educational agencies in the State that have--
``(1) the greatest need for school library media
improvement according to the needs assessment described in
section 3705; and
``(2) the highest percentages of poverty, as measured in
accordance with section 1113(a)(5).
``SEC. 3705. LOCAL APPLICATION.
``To be eligible to receive an allocation under section 3704 for a
fiscal year, a local educational agency shall submit to the State
educational agency an application at such time, in such manner, and
containing such information as the State educational agency shall
require. The application shall contain--
``(1) a needs assessment relating to need for school
library media improvement, based on the age and condition of
school library media resources (including book collections),
access of school library media centers to advanced technology,
including Internet connections, and the availability of well-
trained, professionally certified school library media
specialists, in schools served by the local educational agency;
``(2) a description of the manner in which the local
educational agency will use the needs assessment to assist
schools with the greatest need for school library media
improvement;
``(3) a description of the manner in which the local
educational agency will use the funds provided through the
allocation to carry out the activities described in section
3706;
``(4) a description of the manner in which the local
educational agency will develop and carry out the activities
described in section 3706 with the extensive participation of
school library media specialists, elementary school and
secondary school teachers and administrators, and parents;
``(5) a description of the manner in which the local
educational agency will effectively coordinate--
``(A) funds provided under this subpart with the
Federal, State, and local funds received by the agency
for library, technology, and professional development
activities; and
``(B) activities carried out under this subpart
with the Federal, State, and local library, technology,
and professional development activities carried out by
the local educational agency; and
``(6) a description of the manner in which the local
educational agency will collect and analyze data on the quality
and impact of activities carried out under this subpart by
schools served by the local educational agency.
``SEC. 3706. LOCAL ACTIVITIES.
``A local educational agency that receives a local allocation under
section 3704 may use the funds made available through the allocation--
``(1) to acquire up-to-date school library media resources,
including books, for the use of students, school library media
specialists, and teachers in elementary schools and secondary
schools;
``(2) to acquire and utilize advanced technology,
incorporated into the curricula of the schools, to develop and
enhance the information literacy, information retrieval, and
critical thinking skills of students;
``(3) to acquire and utilize advanced technology, including
Internet links, to facilitate resource-sharing among schools
and school library media centers, and public and academic
libraries, where possible;
``(4) to provide professional development opportunities for
school library media specialists; and
``(5) to foster increased collaboration between school
library media specialists and elementary school and secondary
school teachers and administrators.
``SEC. 3707. ACCOUNTABILITY AND CONTINUATION OF FUNDS.
``Each local educational agency that receives funding under this
subpart for a fiscal year shall be eligible to continue to receive the
funding--
``(1) for each of the 2 following fiscal years; and
``(2) for each fiscal year subsequent to the 2 following
fiscal years, if the local educational agency demonstrates that
the agency has increased--
``(A) the availability of, and the access of
students, school library media specialists, and
elementary and secondary teachers to, up-to-date school
library media resources, including books and advanced
technology, in elementary schools and secondary schools
served by the local educational agency;
``(B) the number of well-trained, professionally
certified school library media specialists in those
schools; and
``(C) collaboration between school library media
specialists and elementary school and secondary school
teachers and administrators for those schools.
``SEC. 3708. SUPPLEMENT NOT SUPPLANT.
``Funds made available under this subpart shall be used to
supplement and not supplant other Federal, State, and local funds
expended to carry out activities relating to library, technology, or
professional development activities.
``SEC. 3709. NATIONAL ACTIVITIES.
``The Secretary shall reserve not more than 3 percent of the amount
appropriated under section 3710 for a fiscal year--
``(1) for an annual, independent, national evaluation of
the activities assisted under this subpart, to be conducted not
later than 3 years after the date of enactment of this subpart;
and
``(2) to broadly disseminate information to help States,
local educational agencies, school library media specialists,
and elementary and secondary teachers and administrators learn
about effective school library media programs.
``SEC. 3710. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$250,000,000 for fiscal year 2000 and such sums as may be necessary for
each of fiscal years 2001 through 2004.
``Subpart 2--School Library Access Program
``SEC. 3721. PROGRAM.
``(a) In General.--The Secretary may make grants to local
educational agencies to provide students with access to libraries in
elementary schools and secondary schools during non-school hours,
including the hours before and after school, weekends, and summer
vacation periods.
``(b) Applications.--To be eligible to receive a grant under
subsection (a), a local educational agency shall submit an application
to the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(c) Priority.--In making grants under subsection (a), the
Secretary shall give priority to local educational agencies that
demonstrate, in applications submitted under subsection (b), that the
agencies--
``(1) seek to provide activities that will increase reading
skills and student achievement;
``(2) have effectively coordinated services and funding
with entities involved in other Federal, State, and local
efforts, to provide programs and activities for students during
the non-school hours described in subsection (a); and
``(3) have a high level of community support.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subpart $25,000,000 for fiscal year 2000
and such sums as may be necessary for each of fiscal years 2001 through
2004.''. | Directs the Secretary of Education to make such allotments to applicant State educational agencies (SEAs) according to a specified formula. Allows the SEA and the Secretary to reserve specified amounts for certain statewide and national activities, including information dissemination. Requires SEAs to make allocations to applicant local educational agencies (LEAs) that have: (1) the greatest need for school library media improvement; and (2) the highest percentages of poverty. Sets forth authorized uses of such funds by LEAs, including: (1) acquisition of resources, including books; (2) acquisition of advanced technology; (3) resource-sharing among schools and their library media centers and public and academic libraries; (4) professional development for school library media specialists; and (5) collaboration between such specialists and teachers and administrators. Sets forth accountability requirements for continuation of funding. Authorizes appropriations.
Authorizes the Secretary to make grants to applicant LEAs to provide students with access to libraries in elementary schools and secondary schools during non-school hours, including the hours before and after school, weekends, and summer vacation periods. Requires that priority be given to LEAs that: (1) seek to provide activities that will increase reading skills and student achievement; (2) have effectively coordinated services and funding with entities involved in other Federal, State, and local efforts to provide programs and activities for students during non-school hours; and (3) have a high level of community support. Authorizes appropriations. | {"src": "billsum_train", "title": "Elementary and Secondary School Library Media Resources, Training, and Advanced Technology Assistance Act"} | 2,370 | 308 | 0.585751 | 1.704333 | 0.687749 | 4.775439 | 8.22807 | 0.887719 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Higher Education
Affordability Necessary to Compete Economically Act'' or the ``Middle
Class CHANCE Act''.
SEC. 2. INCREASE IN THE MAXIMUM AMOUNT OF A FEDERAL PELL GRANT.
Section 401(b)(7)(C) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(C)) is amended--
(1) in clause (i)(I), by striking ``clause (iv)(II)'' and
inserting ``clause (v)(II)'';
(2) in clause (ii)--
(A) in the heading, by striking ``through 2017-
2018'' and inserting ``and 2015-2016'';
(B) in the matter preceding subclause (I), by
striking ``through 2017-2018'' and inserting ``and
2015-2016''; and
(C) in subclause (I), by striking ``clause
(iv)(II)'' and inserting ``clause (v)(II)'';
(3) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively;
(4) by inserting after clause (ii) the following:
``(iii) Award year 2016-2017.--For award
year 2016-2017, the amount determined under
this subparagraph for purposes of subparagraph
(B)(iii) shall be equal to--
``(I) $9,140, reduced by
``(II) the maximum Federal Pell
Grant for which a student was eligible,
as specified in the last enacted
appropriation Act applicable to award
year 2016-2017; and
``(III) rounded to the nearest
$5.''; and
(5) by striking clause (iv), as redesignated by paragraph
(3), and inserting the following:
``(iv) Subsequent award years.--For award
year 2017-2018 and each subsequent award year,
the amount determined under this subparagraph
for purposes of subparagraph (B)(iii) shall be
equal to--
``(I) the amount determined under
this subparagraph for the preceding
award year; increased by
``(II) a percentage equal to the
annual adjustment percentage for the
award year for which the amount under
this subparagraph is being determined;
and
``(III) rounded to the nearest
$5.''.
SEC. 3. YEAR-ROUND FEDERAL PELL GRANT STUDENTS.
(a) In General.--Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) is amended by adding at the end the following:
``(8)(A) In this paragraph, the term `eligible student' means a
student who--
``(i) has received a Federal Pell Grant for an award year
and is enrolled in an eligible program for 1 or more additional
payment periods during the same award year that are not
otherwise fully covered by the student's Federal Pell Grant;
``(ii) continues to meets all eligibility requirements to
receive a Federal Pell Grant under this section; and
``(iii) attends an institution of higher education on
average, not less than a half-time basis.
``(B) Notwithstanding any other provision of this subsection, the
Secretary shall award an additional Federal Pell Grant to an eligible
student for the additional payment periods during an award year that
are not otherwise fully covered by the student's Federal Pell Grant for
the award year.
``(C) In the case of a student receiving more than one Federal Pell
Grant in a single award year under subparagraph (B), the total amount
of the Federal Pell Grants awarded to such student for the award year
shall not exceed an amount equal to 150 percent of the total maximum
Federal Pell Grant for such award year calculated in accordance with
paragraph (7)(C)(v)(II).
``(D) Any period of study covered by a Federal Pell Grant awarded
under subparagraph (B) shall be included in determining a student's
duration limit under subsection (c)(5).
``(9) In any case where an eligible student is receiving a Federal
Pell Grant for a payment period that spans 2 award years, the Secretary
shall allow the eligible institution in which the student is enrolled
to determine the award year to which the additional period shall be
assigned.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on July 1, 2015.
SEC. 4. PELL GRANT DURATION LIMIT.
Section 401(c)(5) of the Higher Education Act of 1965 (20 U.S.C.
1070a(c)(5)) is amended by striking ``12 semesters'' and inserting ``15
semesters'' each place the term appears. | Creating Higher Education Affordability Necessary to Compete Economically Act or the Middle Class CHANCE Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify provisions related to the Federal Pell Grant program. Specifically, it increases the maximum Federal Pell Grant award for academic year 2016-2017 and adjusts it in subsequent award years to account for changes in the Consumer Price Index. The bill also increases from one to two the number of Pell Grants an eligible student may receive in a single award year (i.e., it restores year-round Pell Grants). An eligible student is a student who has already received one Pell Grant for an award year and is enrolled in an eligible program for an additional payment period (e.g., a summer term) during the same award year. A student's total amount of Pell Grants must not exceed 150% of the maximum Pell Grant for that award year. Also, any period during which a student receives an additional Pell Grant counts toward that student's lifetime Pell Grant eligibility period. The bill increases from 12 to 15 semesters a student's lifetime Federal Pell Grant eligibility period. | {"src": "billsum_train", "title": "Middle Class CHANCE Act"} | 1,133 | 263 | 0.553346 | 1.525367 | 0.752924 | 2.38914 | 4.38009 | 0.79638 |
SECTION 1. SHORT TITLE.
This subtitle may be cited as the ``United States Fire
Administration Reauthorization Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The number of lives lost each year because of fire has
dropped significantly over the last 25 years in the United States.
However, the United States still has one of the highest fire death
rates in the industrialized world. In 2006, the National Fire
Protection Association reported 3,245 civilian fire deaths, 16,400
civilian fire injuries, and $11,307,000,000 in direct losses due to
fire.
(2) Every year, more than 100 firefighters die in the line of
duty. The United States Fire Administration should continue its
leadership to help local fire agencies dramatically reduce these
fatalities.
(3) The Federal Government should continue to work with State
and local governments and the fire service community to further the
promotion of national voluntary consensus standards that increase
firefighter safety.
(4) The United States Fire Administration provides crucial
support to the 30,300 fire departments of the United States through
training, emergency incident data collection, fire awareness and
education, and support of research and development activities for
fire prevention, control, and suppression technologies.
(5) The collection of data on fire and other emergency
incidents is a vital tool both for policy makers and emergency
responders to identify and develop responses to emerging hazards.
Improving the data collection capabilities of the United States
Fire Administration is essential for accurately tracking and
responding to the magnitude and nature of the fire problems of the
United States.
(6) The research and development performed by the National
Institute of Standards and Technology, the United States Fire
Administration, other government agencies, and nongovernmental
organizations on fire technologies, techniques, and tools advance
the capabilities of the fire service of the United States to
suppress and prevent fires.
(7) Because of the essential role of the United States Fire
Administration and the fire service community in preparing for and
responding to national and man-made disasters, the United States
Fire Administration should have a prominent place within the
Federal Emergency Management Agency and the Department of Homeland
Security.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES FIRE
ADMINISTRATION.
Section 17(g)(1) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end and
inserting a semicolon; and
(3) by adding after subparagraph (D) the following:
``(E) $70,000,000 for fiscal year 2009, of which $2,520,000
shall be used to carry out section 8(f);
``(F) $72,100,000 for fiscal year 2010, of which $2,595,600
shall be used to carry out section 8(f);
``(G) $74,263,000 for fiscal year 2011, of which $2,673,468
shall be used to carry out section 8(f); and
``(H) $76,490,890 for fiscal year 2012, of which $2,753,672
shall be used to carry out section 8(f).''.
SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS AND
REPORTS.
(a) Amendments to Fire Academy Training.--Section 7(d)(1) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1))
is amended--
(1) by amending subparagraph (H) to read as follows:
``(H) tactics and strategies for dealing with natural
disasters, acts of terrorism, and other man-made disasters;'';
(2) in subparagraph (K), by striking ``forest'' and inserting
``wildland'';
(3) in subparagraph (M), by striking ``response'';
(4) by redesignating subparagraphs (I) through (N) as
subparagraphs (M) through (R), respectively; and
(5) by inserting after subparagraph (H) the following:
``(I) tactics and strategies for fighting large-scale fires
or multiple fires in a general area that cross jurisdictional
boundaries;
``(J) tactics and strategies for fighting fires occurring
at the wildland-urban interface;
``(K) tactics and strategies for fighting fires involving
hazardous materials;
``(L) advanced emergency medical services training;''.
(b) On-Site Training.--Section 7 of such Act (15 U.S.C. 2206) is
amended--
(1) in subsection (c)(6), by inserting ``, including on-site
training'' after ``United States'';
(2) in subsection (f), by striking ``4 percent'' and inserting
``7.5 percent''; and
(3) by adding at the end the following:
``(m) On-Site Training.--
``(1) In general.--Except as provided in paragraph (2), the
Administrator may enter into a contract with nationally recognized
organizations that have established on-site training programs that
comply with national voluntary consensus standards for fire service
personnel to facilitate the delivery of the education and training
programs outlined in subsection (d)(1) directly to fire service
personnel.
``(2) Limitation.--
``(A) In general.--The Administrator may not enter into a
contract with an organization described in paragraph (1) unless
such organization provides training that--
``(i) leads to certification by a program that is
accredited by a nationally recognized accreditation
organization; or
``(ii) the Administrator determines is of equivalent
quality to a fire service training program described by
clause (i).
``(B) Approval of unaccredited fire service training
programs.--The Administrator may consider the fact that an
organization has provided a satisfactory fire service training
program pursuant to a cooperative agreement with a Federal
agency as evidence that such program is of equivalent quality
to a fire service training program described by subparagraph
(A)(i).
``(3) Restriction on use of funds.--The amounts expended by the
Administrator to carry out this subsection in any fiscal year shall
not exceed 7.5 per centum of the amount authorized to be
appropriated in such fiscal year pursuant to section 17.''.
(c) Triennial Reports.--Such section 7 (15 U.S.C. 2206) is further
amended by adding at the end the following:
``(n) Triennial Report.--In the first annual report filed pursuant
to section 16 for which the deadline for filing is after the expiration
of the 18-month period that begins on the date of the enactment of the
United States Fire Administration Reauthorization Act of 2008, and in
every third annual report thereafter, the Administrator shall include
information about changes made to the National Fire Academy curriculum,
including--
``(1) the basis for such changes, including a review of the
incorporation of lessons learned by emergency response personnel
after significant emergency events and emergency preparedness
exercises performed under the National Exercise Program; and
``(2) the desired training outcome of all such changes.''.
(d) Report on Feasibility of Providing Incident Command Training
for Fires at Ports and in Marine Environments.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the United States Fire
Administration shall submit to Congress a report on the feasibility
of providing training in incident command for appropriate fire
service personnel for fires at United States ports and in marine
environments, including fires on the water and aboard vessels.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of the necessary curriculum for training
described in paragraph (1).
(B) A description of existing training programs related to
incident command in port and maritime environments, including
by other Federal agencies, and the feasibility and estimated
cost of making such training available to appropriate fire
service personnel.
(C) An assessment of the feasibility and advisability of
the United States Fire Administration developing such a
training course in incident command for appropriate fire
service personnel for fires at United States ports and in
marine environments, including fires on the water and aboard
vessels.
(D) A description of the delivery options for such a course
and the estimated cost to the United States Fire Administration
for developing such a course and providing such training for
appropriate fire service personnel.
SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES.
(a) Incident Reporting System Database.--Section 9 of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended by
adding at the end the following:
``(d) National Fire Incident Reporting System Update.--
``(1) In general.--The Administrator shall update the National
Fire Incident Reporting System to ensure that the information in
the system is available, and can be updated, through the Internet
and in real time.
``(2) Limitation.--Of the amounts made available pursuant to
subparagraphs (E), (F), and (G) of section 17(g)(1), the
Administrator shall use not more than an aggregate amount of
$5,000,000 during the 3-year period consisting of fiscal years
2009, 2010, and 2011 to carry out the activities required by
paragraph (1).''.
(b) Technical Correction.--Section 9(b)(2) of such Act (15 U.S.C.
2208(b)(2)) is amended by striking ``assist State,'' and inserting
``assist Federal, State,''.
SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND RESEARCH DISSEMINATION.
(a) Assistance to Fire Services for Fire Prevention and Control in
Wildland-Urban Interface.--Section 8(d) of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2207(d)) is amended to read as
follows:
``(d) Rural and Wildland-Urban Interface Assistance.--The
Administrator may, in coordination with the Secretary of Agriculture,
the Secretary of the Interior, and the Wildland Fire Leadership
Council, assist the fire services of the United States, directly or
through contracts, grants, or other forms of assistance, in sponsoring
and encouraging research into approaches, techniques, systems,
equipment, and land-use policies to improve fire prevention and control
in--
``(1) the rural and remote areas of the United States; and
``(2) the wildland-urban interface.''.
(b) Technology Research Dissemination.--Section 8 of such Act (15
U.S.C. 2207) is amended by adding at the end the following:
``(h) Publication of Research Results.--
``(1) In general.--For each fire-related research program
funded by the Administration, the Administrator shall make
available to the public on the Internet website of the
Administration the following:
``(A) A description of such research program, including the
scope, methodology, and goals thereof.
``(B) Information that identifies the individuals or
institutions conducting the research program.
``(C) The amount of funding provided by the Administration
for such program.
``(D) The results or findings of the research program.
``(2) Deadlines.--
``(A) In general.--Except as provided in subparagraph (B),
the information required by paragraph (1) shall be published
with respect to a research program as follows:
``(i) The information described in subparagraphs (A),
(B), and (C) of paragraph (1) with respect to such research
program shall be made available under paragraph (1) not
later than 30 days after the Administrator has awarded the
funding for such research program.
``(ii) The information described in subparagraph (D) of
paragraph (1) with respect to a research program shall be
made available under paragraph (1) not later than 60 days
after the date such research program has been completed.
``(B) Exception.--No information shall be required to be
published under this subsection before the date that is 1 year
after the date of the enactment of the United States Fire
Administration Reauthorization Act of 2008.''.
SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND
SAFETY.
The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by adding at the end the following:
``SEC. 37. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH
AND SAFETY.
``The Administrator shall promote adoption by fire services of
national voluntary consensus standards for firefighter health and
safety, including such standards for firefighter operations, training,
staffing, and fitness, by--
``(1) educating fire services about such standards;
``(2) encouraging the adoption at all levels of government of
such standards; and
``(3) making recommendations on other ways in which the Federal
Government can promote the adoption of such standards by fire
services.''.
SEC. 8. STATE AND LOCAL FIRE SERVICE REPRESENTATION AT NATIONAL
OPERATIONS CENTER.
Section 515 of the Homeland Security Act of 2002 (6 U.S.C. 321d) is
amended by adding at the end the following:
``(c) State and Local Fire Service Representation.--
``(1) Establishment of position.--The Secretary shall, in
consultation with the Administrator of the United States Fire
Administration, establish a fire service position at the National
Operations Center established under subsection (b) to ensure the
effective sharing of information between the Federal Government and
State and local fire services.
``(2) Designation of position.--The Secretary shall designate,
on a rotating basis, a State or local fire service official for the
position described in paragraph (1).
``(3) Management.--The Secretary shall manage the position
established pursuant to paragraph (1) in accordance with such
rules, regulations, and practices as govern other similar rotating
positions at the National Operations Center.''.
SEC. 9. COORDINATION REGARDING FIRE PREVENTION AND CONTROL AND
EMERGENCY MEDICAL SERVICES.
(a) In General.--Section 21(e) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2218(e)) is amended to read as follows:
``(e) Coordination.--
``(1) In general.--To the extent practicable, the Administrator
shall use existing programs, data, information, and facilities
already available in other Federal Government departments and
agencies and, where appropriate, existing research organizations,
centers, and universities.
``(2) Coordination of fire prevention and control programs.--
The Administrator shall provide liaison at an appropriate
organizational level to assure coordination of the activities of
the Administrator with Federal, State, and local government
agencies and departments and nongovernmental organizations
concerned with any matter related to programs of fire prevention
and control.
``(3) Coordination of emergency medical services programs.--The
Administrator shall provide liaison at an appropriate
organizational level to assure coordination of the activities of
the Administrator related to emergency medical services provided by
fire service-based systems with Federal, State, and local
government agencies and departments and nongovernmental
organizations so concerned, as well as those entities concerned
with emergency medical services generally.''.
(b) Fire Service-Based Emergency Medical Services Best Practices.--
Section 8(c) of such Act (15 U.S.C. 2207(c)) is amended--
(1) by redesignating paragraphs (2) through (4) as paragraphs
(3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The Administrator is authorized to conduct, directly or
through contracts or grants, studies of the operations and management
aspects of fire service-based emergency medical services and
coordination between emergency medical services and fire services. Such
studies may include the optimum protocols for on-scene care, the
allocation of resources, and the training requirements for fire
service-based emergency medical services.''.
SEC. 10. AMENDMENTS TO DEFINITIONS.
Section 4 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2203) is amended--
(1) in paragraph (3), by striking ``Administration'' and
inserting ``Administration, within the Federal Emergency Management
Agency'';
(2) in paragraph (7), by striking the ``and'' after the
semicolon;
(3) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(9) `wildland-urban interface' has the meaning given such
term in section 101 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6511).''.
SEC. 11. SUPPORTING THE ADOPTION OF FIRE SPRINKLERS.
Congress supports the recommendations of the United States Fire
Administration regarding the adoption of fire sprinklers in commercial
buildings and educational programs to raise awareness of the important
of installing fire sprinklers in residential buildings.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | United States Fire Administration Reauthorization Act of 2008 - (Sec. 3) Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for the U.S. Fire Administration (USFA) for FY2009-FY2012.
(Sec. 4) Authorizes the Superintendent of the National Academy for Fire Prevention and Control to include within fire service personnel training: (1) tactics and strategies for dealing with natural disasters, acts of terrorism, and other man-made disasters; (2) applying new technology and developing strategies and tactics for fighting wildfires; (3) tactics and strategies for fighting large-scale or multiple fires in a general area that cross jurisdictional boundaries, fires occurring at the wildland-urban interface, and fires involving hazardous materials; and (4) advanced emergency medical services training.
Increases (from 4% to 7.5%) the percentage of authorized USFA appropriations that may be used for assistance to state and local fire service training programs.
Authorizes the Superintendent to conduct on-site training. Authorizes the Administrator of USFA to contract with nationally recognized organizations that have established on-site training programs that comply with national voluntary consensus standards for fire service personnel to facilitate the delivery of USFA education and training programs directly to such personnel. Prohibits the Administrator from: (1) contracting with an organization unless it provides training that leads to certification by a nationally recognized accreditation organization or an equivalent program; and (2) expending, in any fiscal year, sums exceeding 7.5% of authorized USFA appropriations for on-site training.
Requires the Administrator to: (1) include in every third annual report information about changes made to the National Fire Academy curriculum; and (2) report on the feasibility of providing training in incident command for appropriate fire service personnel for fires at U.S. ports and in marine environments, including fires on the water and aboard vessels.
(Sec. 5) Directs the Administrator to update the National Fire Incident Reporting system to ensure that the information in the system is available, and can be updated, through the Internet and in real time.
(Sec. 6) Authorizes the Administrator to coordinate with the Secretary of Agriculture, the Secretary of the Interior, and the Wildland Fire Leadership Council, in assisting the nation's fire services in rural and remote areas. Provides for such assistance to include: (1) sponsoring and encouraging research into land-use policies; and (2) assistance to improve fire prevention and control in the wildland-urban interface.
Requires the Administrator, for each fire-related research program funded, to make available to the public on USFA's website: (1) a description of such research program, including its scope, methodology, and goals; (2) information that identifies the individuals or institutions conducting the program; (3) the amount of funding provided by USFA; and (4) the results or findings. Sets forth deadlines for the publication of such information.
(Sec. 7) Requires the Administrator to promote adoption by fire services of voluntary national consensus standards for firefighter health and safety.
(Sec. 8) Directs the Secretary of Homeland Security to: (1) establish a fire service position at the National Operations Center to ensure the effective sharing of information between the federal government and state and local fire services; and (2) designate a state or local fire service official for that position on a rotating basis.
(Sec. 9) Includes among the Administrator's coordination responsibilities to provide liaison to assure coordination related to emergency medical services (EMS) provided by fire service-based systems with federal, state, and local government agencies and nongovernmental organizations, as well as entities concerned with EMS generally. Authorizes the Administrator to conduct studies of the operations and management aspects of fire service-based EMS and coordination between EMS and fire services, which may include optimum protocols for on-scene care, resource allocation, and training requirements.
(Sec. 11) Expresses support for USFA recommendations regarding the adoption of fire sprinklers in commercial buildings and educational programs to raise awareness of the importance of installing fire sprinklers in residential buildings. | {"src": "billsum_train", "title": "A bill to reauthorize the United States Fire Administration, and for other purposes."} | 3,794 | 881 | 0.579298 | 2.030485 | 0.679927 | 4.546482 | 4.420854 | 0.910804 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness and Equity Tax Act of
1995''.
SEC. 2. MINIMUM TAX ON FOREIGN AND FOREIGN-OWNED CORPORATIONS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to determination of tax liability) is amended by
adding at the end the following new part:
``PART VIII--MINIMUM TAX ON CERTAIN FOREIGN AND FOREIGN-OWNED
CORPORATIONS
``Sec. 59B. Minimum tax on certain
foreign and foreign-owned
corporations.
``SEC. 59B. MINIMUM TAX ON CERTAIN FOREIGN AND FOREIGN-OWNED
CORPORATIONS.
``(a) Imposition of Tax.--In the case of a corporation to which
this section applies, the taxable income of such corporation for the
taxable year from each category of its business activities shall not be
less than 90 percent of the amount determined by applying the
applicable profit percentage to the gross receipts of such corporation
for the taxable year from such category of business activities.
``(b) Corporations to Which Section Applies.--This section shall
apply to a corporation for the taxable year if--
``(1) such corporation is--
``(A) a domestic corporation which is 25-percent
foreign-owned, or
``(B) a foreign corporation which has gross income
which is effectively connected with the conduct of a
trade or business within the United States, and
``(2) has substantial foreign-related person transactions
during the taxable year.
``(c) Exception Where Alternative Method Approved by the
Secretary.--
``(1) In general.--Subsection (a) shall not apply for
purposes of determining the taxable income of any corporation
to which this section applies from any category of business
activities if, when such corporation files its return for the
taxable year, a qualified section 482 agreement is in effect
with such corporation for such year with respect to such
category.
``(2) Qualified section 482 agreement.--For purposes of
this subsection, the term `qualified section 482 agreement'
means any agreement between the Secretary and a corporation to
which this section applies with respect to the application of
this section with respect to all transactions with related
parties in any category of business activities of such
corporation. The Secretary may enter into such an agreement if,
in the Secretary's sole discretion, the Secretary determines
that such an agreement will result in a clear reflection of the
taxable income of the corporation from the category of
activities to which such agreement relates.
``(3) Agreement may be given retroactive effect.--If, when
entering into a qualified section 482 agreement, the Secretary
determines, in the Secretary's sole discretion, that such
agreement should also apply to prior taxable years, the
requirement of paragraph (1) that the agreement be in effect
when the corporation files its return shall not apply for
purposes of applying such agreement to such prior taxable years
as may be specified in such agreement.
``(d) Exception Where Secretary Cannot Categorize Activities.--In
the case of a corporation whose activities cannot be categorized by the
Secretary on the basis of 1 or more 3-digit classifications of the
Standard Industrial Classification Code as described in subsection
(h)(3), in lieu of subsection (a), there is hereby imposed a minimum
tax equal to 35 percent of the product of--
``(1) 9 percent, and
``(2) the gross receipts of the taxpayer from the sale or
leasing of property manufactured by the taxpayer or by any
foreign person that is a related party of the taxpayer.
``(e) Waiver in Case of Casualty or Disaster.--This section shall
not apply to the extent that the Secretary determines, in the
Secretary's sole discretion, that by reason of any casualty or disaster
the application of this section would be inequitable.
``(f) Treatment of Foreign Taxes.--For purposes of this section,
taxable income shall be determined without regard to any income, war
profits, or excess profits taxes paid to any foreign country or to any
possession of the United States.
``(g) Applicable Profit Percentage.--
``(1) In general.--For each calendar year after 1995, the
Secretary shall prescribe an applicable profit percentage for
each category of business activities. Such percentage shall
apply to taxable years beginning in the calendar year for which
prescribed.
``(2) Based on average earnings rates.--The applicable
profit percentage prescribed under paragraph (1) for any
category of business activities shall be based on the average
earnings rates of domestic corporations which had taxable
income from such category of business activities.
``(3) Earnings rate.--The earnings rate of any domestic
corporation for any category of business activities shall be
based on the ratio of--
``(A) the adjusted book income of the domestic
corporation from such activity, to
``(B) the gross receipts of such domestic
corporations from such activities.
For purposes of the preceding sentence, the term `adjusted book
income' means income as reported for financial purposes but
disregarding any reduction for any income, war profits, or
excess profits taxes imposed by the United States, any
possession of the United States, or any foreign country.
``(h) Definitions and Special Rules.--For purposes of this section:
``(1) 25-percent foreign owned.--The term `25-percent
foreign-owned', `foreign person', and `related party' have the
respective meanings given such terms by section 6038A(c).
``(2) Substantial foreign-related person transactions.--A
corporation has substantial foreign-related person transactions
for a taxable year if the aggregate amount involved in
transactions with related parties who are foreign persons
during such taxable year exceeds the lesser of $2,000,000 or 10
percent of the gross income of the corporation for such taxable
year. Only amounts which are taken into account in the
determination of taxable income of the corporation shall be
taken into account under the preceding sentence.
``(3) Category of business activities.--Business activities
shall be categorized by reference to the 3-digit classification
of the Standard Industrial Classification Code. The Secretary
may provide for the aggregation of 2 or more 3-digit
classifications where appropriate and for a classification
system other than the Standard Industrial Classification Code
in appropriate cases.''
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VIII. Minimum tax on certain
foreign and foreign-owned
corporations.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995. | Fairness and Equity Tax Act of 199 5 - Amends the Internal Revenue Code to impose, with specified exceptions, a minimum tax on: (1) a domestic corporation which is 25 percent foreign-owned; or (2) a foreign corporation which has gross income which is effectively connected with the conduct of a trade or business within the United States and has substantial foreign-related person transactions during the taxable year. | {"src": "billsum_train", "title": "Fairness and Equity Tax Act of 1995"} | 1,518 | 89 | 0.599964 | 1.473235 | 0.899608 | 3.931034 | 15.931034 | 0.850575 |
15, as adopted by the
House of Representatives on January 31, 2001, and Senate
Concurrent Resolution 6, as adopted by the Senate on February
8, 2001, resolved that Congress ``expresses its support for
continuing and substantially increasing the amount of disaster
assistance being provided [to India] by the United States
Agency for International Development (USAID) and other relief
agencies''.
(B) Senate Resolution 18, as adopted by the Senate on
February 8, 2001, ``encourages a continued commitment by the
United States and other countries to the long-term, sustainable
development of El Salvador''.
(C) House Concurrent Resolution 41, as adopted by the House
of Representatives on March 21, 2001, ``expresses support for
continuing and substantially increasing, in connection with
these earthquakes, relief and reconstruction assistance
provided by relief agencies . . . including . . . the United
States Agency for International Development''.
(11) In the wake of Hurricane Mitch, the Mitch Consultative
Group formulated what have become known as the ``Stockholm
Principles'', namely that the reconstruction and transformation
of the affected countries should be guided by the following
goals and principles: (A) reduction of social and environmental
vulnerability, (B) transparency and good governance, (C)
decentralization and civil society participation, and (D) human
rights and equality.
(12) Development assistance, aimed ultimately toward
poverty reduction, is the best mitigation against catastrophic
disaster.
(13) Nongovernmental organizations working on the ground,
such as CARE, Catholic Relief Services, Habitat for Humanity
International and others, strive to focus on long-term
sustainable development, even in the midst of tragedy and
immediate emergency relief efforts.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the nature and scale of the earthquake disasters that
recently struck El Salvador and India demonstrate that these
are true disaster emergencies and that the United States should
respond by providing emergency disaster assistance;
(2)(A) emergency disaster assistance programs must
complement and work with development assistance programs in
order that the two types of programs reinforce one another; and
(B) emergency disaster assistance programs should support
and not undermine the long-term sustainable development efforts
of nongovernmental organizations already working on the ground
in countries that have suffered disasters; and
(3) as such, regular United States bilateral development
assistance funds that have been reallocated in order to meet
the current emergency needs for relief and recovery following
the earthquakes in India and El Salvador should be reimbursed
with the funds authorized in this Act.
SEC. 3. EMERGENCY DISASTER ASSISTANCE FOR INDIA AND EL SALVADOR.
(a) Emergency Disaster Assistance.--The President is authorized to
provide assistance under chapter 9 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2292 et seq.; relating to international disaster
assistance) for recovery from the earthquakes of January and February
2001 in the Republic of India and the Republic of El Salvador.
(b) Authorization of Appropriations.--
(1) Emergency disaster assistance.--There is authorized to
be appropriated to the President $468,500,000 for fiscal year
2001 to carry out subsection (a). Of such amount--
(A) not less than $117,600,000 is authorized to be
appropriated for recovery in India;
(B) not less than $301,400,000 is authorized to be
appropriated for recovery in El Salvador;
(C) not less than $500,000 is authorized to be
appropriated for technical assistance to develop
emergency management systems in El Salvador and India;
and
(D) such sums as may be necessary are authorized to
be appropriated for operating expenses of the United
States Agency for International Development.
(2) Reimbursement.--There is authorized to be appropriated
to the President $73,000,000 for fiscal year 2001 to reimburse
the appropriate development assistance accounts for amounts
obligated before the date of the enactment of this Act for
recovery from the earthquakes of January and February 2001 in
the Republic of India and the Republic of El Salvador.
(3) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraphs (1) and (2)
are authorized to remain available until expended.
SEC. 4. DISASTER MITIGATION ASSISTANCE FOR INDIA, EL SALVADOR, AND
CERTAIN OTHER COUNTRIES.
(a) Disaster Mitigation Assistance.--The President is authorized to
provide assistance under chapter 9 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2292 et seq.; relating to international disaster
assistance) for disaster mitigation activities in the Republic of
India, the Republic of El Salvador, and other countries that contain
highly disaster-prone areas.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the President $20,000,000 for fiscal year 2001 to carry out
subsection (a).
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
SEC. 5. DESIGNATION AS EMERGENCY REQUIREMENT.
All funds appropriated pursuant to the authorization of
appropriations under section 3(b) and section 4(b)(1) are designated as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985. | Relief, Community Vitalization, and Emergency Readiness in India and El Salvador (RECOVERIES) Act of 2001 - Authorizes the President to provide emergency international disaster assistance for: (1) recovery from the earthquakes of January and February 2001 in the Republic of India and the Republic of El Salvador; and (2) disaster mitigation activities in such countries and other countries that contain highly disaster-prone areas. | {"src": "billsum_train", "title": "To authorize emergency disaster assistance for recovery from the earthquakes of January and February 2001 in the Republic of India and the Republic of El Salvador, and for other purposes."} | 1,167 | 81 | 0.56001 | 1.489807 | 0.964075 | 4.671053 | 14.052632 | 0.934211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Management Act of 2016''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Agency.
(2) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency.
(3) National advisory council.--The term ``National
Advisory Council'' means the National Advisory Council of the
Agency.
SEC. 3. COMPREHENSIVE STUDY OF DISASTER LOSSES AND FEDERAL DISASTER
ASSISTANCE.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall commence, acting through
the National Advisory Council, a comprehensive study relating to
disaster losses and Federal disaster assistance.
(b) Additional Membership.--For the purposes of the comprehensive
study required under subsection (a), as soon as practicable after the
date of enactment of this Act, the Administrator shall ensure the
National Advisory Council includes the following members:
(1) Individuals who have the requisite technical knowledge
and expertise on issues related to disaster costs and losses.
(2) Representatives of the insurance industry.
(3) Experts in and representatives of the construction and
building industry.
(4) Individuals nominated by national organizations
representing State and local governments and personnel.
(5) Academic experts.
(6) Representatives of the private industry, such as
vendors, developers, and manufacturers of systems, facilities,
equipment, and capabilities for emergency management services.
(7) Other members, as the Administrator considers
appropriate.
(c) Consultation With Nonmembers.--For the purposes of the
comprehensive study required under subsection (a), the National
Advisory Council shall consult with other relevant agencies and
entities that are not represented on the National Advisory Council to
consider research, data, findings, recommendations, innovative
technologies and developments, including--
(1) entities engaged in federally funded research; and
(2) academic institutions engaged in relevant work and
research.
(d) Study Requirements.--Not later than 120 days after the date of
enactment of this Act, the National Advisory Council shall convene to
evaluate disaster losses and Federal disaster assistance, including
consideration of the following:
(1) Trends and contributing factors.--An assessment of
trends, and factors contributing to such trends, in disaster
costs and losses and Federal disaster assistance, including the
following:
(A) Loss of life and injury.
(B) Property damage and other costs to individuals,
the private sector, and each level of government.
(C) Presidentially declared disasters.
(D) Disaster assistance available from all Federal
sources.
(2) Disaster roles and responsibility.--Fundamental
principles that drive national disaster assistance
decisionmaking, including the appropriate roles for each level
of government, the private sector, and individuals.
(e) Recommendations.--The National Advisory Council shall develop
recommendations to reduce disaster costs and losses in the United
States and to more efficiently and effectively deliver Federal disaster
assistance, including consideration of the following:
(1) Actions to enhance national disaster assistance
decisionmaking.
(2) Incentives, including tax incentives, to reduce
disaster costs and losses and promote a more efficient and
effective use of Federal disaster assistance.
(3) Legislative proposals, including proposals for
implementing the recommendations in the report compiled
pursuant to the requirement in section 1111 of the Sandy
Recovery Improvement Act of 2013 (Public Law 113-2; 127 Stat.
49).
(4) Legal, societal, geographic, technological, and other
challenges to implementation of recommendations.
(5) Projected dollar savings and efficiencies, including
measures of effectiveness, from recommendations.
(f) Report to Administrator and Congress.--Not later than 1 year
after the National Advisory Council convenes under subsection (d), the
National Advisory Council shall submit a report containing the data,
analysis, and recommendations developed under subsections (d) and (e)
to--
(1) the Administrator;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate.
(g) Availability of Information.--The Administrator shall make the
data collected pursuant to this section publically available on the
website of the Agency.
SEC. 4. ACTION PLAN TO IMPROVE FIELD OPERATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes an action plan to improve field
operations after a major disaster or emergency declaration by the
President under section 401 or 501, respectively, of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
or 5191).
(b) Requirements.--The report required in subsection (a) shall, at
a minimum, include a plan with milestones and implementation
timeframes, to address the following:
(1) Improving the consistency of grant program guidance,
including oral and written guidance, provided to applicants and
potential applicants.
(2) Enhancing record maintenance throughout the lifecycle
of a disaster, including the maintenance and transfer of
documents during staff transitions.
(3) Improving technical and other support provided to
applicants and grantees to reduce their administrative burden
and management costs.
(4) Implementing new technologies to educate and assist
applicants, and continuously inform applicants on the status of
their disaster assistance applications and projects.
SEC. 5. SIMPLIFIED PROCEDURE PILOT.
(a) Pilot Program.--Not later than 120 days after the enactment of
this Act, the Administrator shall establish a pilot program that
increases the simplified procedure threshold established under section
422 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5189) for the purpose of determining whether such
increase can facilitate a more efficient and effective delivery of
assistance, without sacrificing oversight capabilities, for a major
disaster or emergency declaration by the President under section 401 or
501, respectively, of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 or 5191).
(b) Increase Threshold.--For emergency assistance and major
disasters subject to the pilot program established under subsection
(a), the simplified procedure threshold, as established under section
422 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5189), shall increase to not less than $500,000 and not
more than $1,000,000.
(c) Eligible Declarations.--A major disaster or emergency declared
by the President under section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 or 5191) may be eligible for the pilot program established under
subsection (a) if the declaration is made after the date of enactment
of this Act.
(d) Review.--The President, acting through the Administrator,
shall--
(1) review the results of the pilot program established in
subsection (a) and determine whether the increase in the
simplified procedure threshold facilitated a more efficient and
effective delivery of assistance, without sacrificing oversight
capabilities, for a major disaster or emergency declaration
under section 401 or 501, respectively, of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 or 5191); and
(2) not later than January 31, 2020, report the results of
the review required in paragraph (1) to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives.
(e) Sunset.--
(1) In general.--Except as provided in paragraph (2), a
major disaster or emergency declared by the President under
section 401 or 501, respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or
5191) shall not be eligible for the pilot program established
under subsection (a) if the declaration is made after January
31, 2020.
(2) Exception.--If the Administrator, based on the review
conducted under subsection (d), determines that an increase in
the simplified procedure threshold can facilitate a more
efficient and effective delivery of assistance for emergencies
and major disasters, the date in paragraph (1) may be extended
to April 30, 2020, for the purpose of promulgating regulations
to increase the simplified procedure threshold.
(f) Technical and Conforming Amendment.--Section 422(b) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5189(b)) is amended by striking paragraph (3) and inserting the
following:
``(3) Review.--Not later than January 31, 2020, and every 3
years thereafter, the President, acting through the
Administrator, shall review the threshold for eligibility under
this section.''.
(g) Applicability of Other Law.--In carrying out this section, the
Administrator shall not be subject to the requirements of--
(1) section 553 of title 5, United States Code;
(2) chapter 6 of title 5, United States Code; or
(3) subchapter I of chapter 35 of title 44, United States
Code.
SEC. 6. MANAGEMENT COSTS PILOT.
(a) Pilot Program.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall establish a pilot
program that modifies the management cost rates established under
section 324 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165b) for the purpose of determining whether
such modifications can facilitate a more efficient and effective
administration of disaster assistance grants for a major disaster or
emergency declared by the President under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 or 5191).
(b) Specific Management Costs.--For grantees and subgrantees
subject to the pilot program established under subsection (a), the
Administrator shall provide the following percentage rates, in addition
to the eligible project costs, to cover direct and indirect costs of
administering the following programs:
(1) Hazard mitigation.--A grantee under section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c) may be reimbursed not more than 15 percent of
the total amount of the grant award under such section 404, of
which not more than 10 percent may be used by the grantee and
not more than 5 percent may be used by the subgrantee for such
costs.
(2) Public assistance.--A grantee under sections 403, 406,
407, or 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, or 5192)
may be reimbursed not more than 10 percent of the total award
amount under such section 403, 406, 407, or 502, of which not
more than 6 percent may be used by the grantee and not more
than 4 percent may be used by the subgrantee for such costs.
(c) Eligible Declarations.--A major disaster or emergency declared
by the President under section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 or 5191) may be eligible for the pilot program established under
subsection (a) if the declaration is made after the date of enactment
of this Act.
(d) Review.--The President, acting through the Administrator,
shall--
(1) review the results of the pilot program established
under subsection (a) and determine whether the modifications to
the management cost rates in subsection (b) facilitated a more
efficient and effective administration of disaster assistance
grants for a major disaster or emergency declared by the
President under section 401 or 501, respectively, of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 or 5191); and
(2) not later than January 31, 2020, report the results of
the review required under paragraph (1) to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives.
(e) Sunset.--
(1) In general.--Except as provided in paragraph (2), a
major disaster or emergency declared by the President under
section 401 or 501, respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or
5191) shall not be eligible for the pilot program established
under subsection (a) if the declaration is made after January
31, 2020.
(2) Exception.--If the Administrator, based on the review
conducted under subsection (d), determines that the
modifications to management cost rates in subsection (b) can
facilitate a more efficient and effective administration of
disaster assistance grants for a major disaster or emergency
declared by the President under section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 or 5191), the date in
paragraph (1) may be extended to April 30, 2020, for the
purpose of promulgating regulations to modify management cost
rates.
(f) Technical and Conforming Amendment.--Section 324(a) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5165b(a)) is amended by striking ``any administrative expense,
and any other expense not directly chargeable to'' and inserting
``direct administrative cost, and any other administrative expense
associated with''.
(g) Applicability of Other Law.--In carrying out this section, the
Administrator shall not be subject to the requirements of--
(1) section 553 of title 5, United States Code;
(2) chapter 6 of title 5, United States Code; or
(3) subchapter I of chapter 35 of title 44, United States
Code. | Disaster Management Act of 2016 This bill requires the National Advisory Council of the Federal Emergency Management Agency (FEMA) to commence a comprehensive study relating to disaster losses and federal disaster assistance. The council shall consider: (1) an assessment of trends in disaster costs and losses and federal disaster assistance and factors contributing to such trends; and (2) fundamental principles that drive national disaster assistance decision-making. The council shall: (1) develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver federal disaster assistance; and (2) report to FEMA and Congress on its data, analysis, and recommendations. FEMA shall submit a report that includes an action plan to improve field operations after a major disaster or emergency declaration by the President. FEMA shall establish: (1) a pilot program that increases the amount threshold for use of the simplified procedure for providing assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the purpose of determining whether such increase can facilitate a more efficient and effective delivery of assistance, without sacrificing oversight capabilities, for a major disaster or emergency declaration by the President; and (2) a pilot program that modifies the management cost rates used to determine contributions under such Act for management costs for the purpose of determining whether such modifications can facilitate a more efficient and effective administration of disaster assistance grants for a major disaster or emergency. | {"src": "billsum_train", "title": "Disaster Management Act of 2016"} | 3,047 | 280 | 0.559626 | 1.595195 | 0.88561 | 5.424354 | 10.402214 | 0.95203 |
SECTION 1. SHORT TITLE.
This bill may be cited as the ``Freedom to Fish Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Recreational fishing is traditionally one of the most
popular outdoor sports with more than 45 million participants
of all ages, in all regions of the country.
(2) Recreational fishing makes a substantial contribution
to the local, State, and national economies. According to the
most recent economic figures, recreational fishing infuses $108
billion annually into the national economy. Nationally, over
1.2 million jobs are related to recreational fishing; this
represents approximately 1 percent of the nation's entire
civilian work force. For those communities and small businesses
that rely on seasonal tourism, the expenditures of recreational
fishers result in substantial benefits to the local economies.
(3) Recreational fishers have long demonstrated a
conservation ethic. Through catch-and-release fisheries and
through the use of non-lethal fishing gear. In addition to
payment of Federal excise taxes on fishing equipment,
motorboats and fuel, as well as license fees, recreational
fishers contribute over $500 million annually to State
fisheries conservation management programs and projects.
(4) The single most important element of recreational
fishing is open access to places to fish. The open access
principle is universally accepted on all Federal lands and
waters including wildlife refuges, national parks, wilderness
areas, and the exclusive economic zone.
(5) All recreational fishery resources can be maintained
through a variety of management measures including take limits,
minimum size requirements, and closed seasons without
unnecessarily restricting public access to places to fish.
(6) The absence of clear Congressional policy has confused
the general public as to how programs within the National
Oceanic and Atmospheric Administration complement one another
with respect to recreational fishing.
SEC. 3. POLICY.
It is the policy of the Congress in this Act--
(1) to ensure that all Federal regulations promote open
access for recreational fishing to the maximum extent
practicable;
(2) to ensure that recreational fishers will be actively
involved in any regulatory procedures that contemplate
restrictions on their access to places to fish; and
(3) To ensure that whenever access to fishing places is
restricted, that the restricted areas be as small as are
scientifically necessary to provide for the conservation of the
fishery resource.
SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
AMENDMENT.
Section 303(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853(a)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(13);
(2) by striking ``fishery.'' in paragraph (14) and
inserting ``fishery; and;'' and
(3) by adding at the end the following:
``(15) not establish areas closed to recreational fishing
unless--
``(A) there is a clear indication that recreational
fishermen are the cause of a specific conservation
problem and that less severe conservation measures,
such as gear restrictions, quotas, or closed seasons
will not adequately provide for conservation and
management of the affected stocks of fish;
``(B) the closed area regulation includes specific
measurable criteria to determine the conservation
benefit of the closed area on the affected stocks of
fish and provides a timetable for periodic review of
the continued need for the closed area at least once
every three years;
``(C) the closed area is no larger than that which
is supported by the best available scientific
information; or
``(D) provision is made to reopen the closed area
to recreational fishing whenever the condition in
subparagraph (A), (B), or (C) that was the basis of the
closure no longer exists.''.
SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT.
Section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C.
1434(a)(5)) is amended to read as follows:
``(5) Fishing regulations.--The Secretary shall provide the
appropriate Regional Fishery Management Council with the opportunity to
propose, and revise from time to time, all regulations applicable to
fishing within designated marine sanctuaries according to the standards
and procedures of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et. seq.). The regulations, upon
approval by the Secretary, shall apply within the exclusive economic
zone, and may be applied within the boundaries of a State, with the
approval of the Governor of the State, or pursuant to the authority of
the Secretary under section 306(b) of that Act (16 U.S.C. 1856(b).''. | Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit any fishery management plan prepared by a Regional Fishery Management Council or the Secretary of Commerce from establishing areas closed to recreational fishing unless: (1) there is a clear indication that recreational fishermen are the cause of a specific conservation problem and that less severe conservation measures will not adequately provide for conservation and management of the affected stocks of fish; (2) the closed area regulation includes specific measurable criteria to determine the conservation benefit of the closed area on such fish and provides a timetable for periodic review of the continued need for the closed area; (3) the closed area is no larger than that which is supported by the best available scientific information; or (4) provision is made to reopen the closed area to recreational fishing whenever any such condition that was the basis of the closure no longer exists.Amends the National Marine Sanctuaries Act to direct the Secretary to provide such a Council with the opportunity to propose and revise all regulations applicable to fishing within designated marine sanctuaries according to the standards and procedures of the Magnuson-Stevens Fishery Conservation and Management Act. Requires such regulations, upon approval by the Secretary, to apply within the exclusive economic zone and allows them to be applied within a State, with the approval of the State's Governor or pursuant to the Secretary's authority under such Act. | {"src": "billsum_train", "title": "A bill to protect the public's ability to fish for sport, and for other purposes."} | 1,031 | 304 | 0.510954 | 1.636167 | 0.754689 | 5.120301 | 3.631579 | 0.954887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patsy T. Mink Fellowship Act of
2007''.
SEC. 2. PATSY MINK.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following new part:
``PART E--PATSY T. MINK FELLOWSHIP
``SEC. 771. FINDINGS; PURPOSE; DESIGNATION.
``(a) Findings.--The Congress finds the following
``(1) While minority college enrollment continues to grow,
rising to 28 percent in 1999-2000, the employment of women and
minorities as faculty in higher education continues to lag
behind, especially among American Indian and Alaskan Natives,
and women of color in the professoriate.
``(2) In the fall of 1999, total employment of faculty in
all sectors in instruction and research was 1,027,830, only 14
percent of whom were minorities, including 5 percent African
American; 5 percent Asia/Pacific Islanders; 3 percent Hispanic
American; and 0.5 percent American Indian/Alaskan Native; with
one-half of all collegiate faculty being white males and 35
percent white females.
``(3) In the fall of 1999, African American faculty totaled
53,401, Hispanic American faculty totaled 30,961, Asian/Pacific
Islander faculty totaled 48,892, and American Indian/Alaskan
Native faculty were just 4,429 of the 1,027,830 faculty
employed in all degree-granting institutions of higher
education.
``(4) In the Fall of 1999, women made up over one-third of
full-time instructional faculty, ranging from 49 percent of
faculty at public two-year institutions to less than 30 percent
of faculty at research universities; with men outnumbering
women in all faculty rank categories except the two less-senior
positions of Instructor and Lecturer.
``(5) The maldistribution and absence of minority faculty
frequently places minority students in institutional and
educational environments in which they encounter no teachers,
counselors, or advisors, mentor and professional or personal
role models to ensure student progress and academic success.
``(6) The presence of minority and women faculty at all
levels in the higher education professoriate will help
facilitate student access, increase student retention and
persistence, and strengthen the academic environment for all
students.
``(b) Purpose.--It is the purpose of this part to provide a program
of fellowship awards to assist highly qualified minorities and women to
acquire the terminal masters degree or the doctorate degree in academic
areas in which such individuals are underrepresented for the purpose of
entering the higher education professoriate.
``(c) Eligible Institutions.--For purposes of this part, the term
`eligible institution' means an institution of higher education, or a
consortium of such institutions, that offers a program of post-
baccalaureate study leading to a graduate degree.
``(d) Designation.--Each recipient of a fellowship award from an
institution receiving a grant under this subpart shall be known as a
`Patsy T. Mink Graduate Fellow'.
``SEC. 772. PROGRAM AUTHORIZED.
``(a) Grants By Secretary.--
``(1) In general.--The Secretary shall make grants to
eligible institutions of higher education to enable such
institutions to make fellowship awards to qualified students in
accordance with the provisions of this part.
``(2) Priority consideration.--In making grant awards under
this part, the Secretary shall consider the applicant
institution's prior experience in producing doctorates and
terminal masters degree holders who are minorities and females,
and shall give priority consideration in making grants under
this part to those institutions with a demonstrated record of
producing minorities and women who have earned such degrees.
``(b) Distribution and Amounts of Grants.--
``(1) Equitable distribution.--In making such grants the
Secretary shall, to the maximum extent feasible, ensure an
equitable geographic distribution of awards and an equitable
distribution among eligible public and private institutions of
higher education that apply for grants under this part and that
demonstrate the institution's ability to achieve the purpose of
this part.
``(2) Special rule.--To the maximum extent practical, the
Secretary shall award at least 50 percent of the amount
appropriated pursuant under this part to institutions of higher
education eligible for assistance under titles III and V, or to
consortia composed of otherwise eligible institutions of higher
education and such minority-serving institutions.
``(3) Allocation.--In making such grants the Secretary
shall, consistent with paragraphs (1) and (2), allocate
appropriated funds to those institutions whose applications
indicate their ability to significantly increase the numbers of
minorities and women entering the higher education
professoriate and that commit institutional resources to the
attainment of the purpose of this part. No grant made under
this part shall support fewer than fifteen degree candidates
consistent with section 774(b).
``(4) Reallotment.--Whenever the Secretary determines that
an institution of higher education is unable to utilize all of
the amounts made available to it under this part, the Secretary
shall, on such dates during the fiscal year as the Secretary
may determine, reallocate such unused amounts to institutions
which demonstrate that they can use any reallocated grant funds
to make fellowship awards to qualified individuals under this
part.
``SEC. 773. APPLICATIONS.
``(a) Applications Required.--Any eligible institution of higher
education offering a program of post-baccalaureate study leading to a
graduate degree that meets the purpose of this part may apply for a
grant. Each such institution, or consortium of eligible institutions
(including those institutions specified in section 772(b)(2)), may make
an application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary may
reasonably require.
``(b) Selection of Applications.--In selecting applications for the
making grants to institutions of higher education, the Secretary
shall--
``(1) take into account the number and distribution of
minority and female faculty nationally, as well as the current
and projected need for highly-trained individuals in all areas
of the higher education professoriate;
``(2) take into account the number and distribution of
minority and female faculty nationally, as well as the present
and projected need for highly trained individuals in academic
career fields in which minorities and women are
underrepresented in the higher education professoriate; and
``(3) consider the need to prepare a larger number of
minorities and women generally in academic career fields of
high national priority, especially in areas in which such
individuals are traditionally underrepresented in college and
university faculties.
``SEC. 774. FELLOWSHIP TERMS AND CONDITIONS.
``(a) Selection of Fellows.--
``(1) Eligible applicants.--The Secretary shall assure
that, in awarding fellowships from funds made available under
this part, grantee institutions make fellowship awards to
individuals who plan to pursue a career in instruction at any
institution of higher education that is eligible to participate
in title IV programs.
``(2) Academic progress.--Notwithstanding paragraph (1), no
otherwise eligible student selected for support, shall receive
a fellowship award--
``(A) during periods in which such student is
enrolled, unless such student is maintaining
satisfactory academic progress in, and devoting
essentially full-time to, study or research in the
pursuit of the degree for which the fellowship support
was awarded; or
``(B) if the student is engaged in gainful
employment other than part-time employment involved in
teaching, research, or similar activity determined by
the institution to be consistent with and supportive of
the student's progress toward the appropriate degree.
``(b) Service Requirement.--
``(1) Teaching required.--Each Patsy T. Mink Graduate
Fellow who earns the doctoral or terminal masters degree with
assistance provided under this part shall teach at an eligible
institution for one year for each year of fellowship assistance
received under this part.
``(2) Institutional obligation.--Each institution which
receives an award from the Secretary under this part, shall
provide an assurance that it has inquired of and determined the
fellowship recipient's decision to, within 3 years of receiving
the doctorate or terminal masters degree, begin employment at
an eligible institution of higher education as required by this
part.
``(3) Agreement required.--Prior to receiving the initial
fellowship award, and upon the annual renewal or the fellowship
award, a fellow shall sign an agreement with the Secretary
memorializing this commitment to enter the professoriate.
``(4) Consequences of failure.--If a fellowship recipient
fails to honor the service requirement of this subsection, the
Secretary shall--
``(A) require the individual to repay all or the
applicable portion of the total fellowship amount
awarded to the individual by converting the balance due
to a loan at the interest rate applicable to loans made
under part B of title IV; or
``(B) require the individual to pay an amount
determined by the Secretary to be appropriate, except
as provided in paragraph (5).
``(5) Modified service requirement.--The Secretary may
waive or modify the service requirement of this subsection
based on regulations, promulgated pursuant to and consistent
with criteria which, determine that compliance with the service
obligation by the fellowship recipient would be inequitable and
represent a substantial hardship. The Secretary may waive the
service requirement if--
``(A) compliance by the fellowship recipient would
be deemed impossible because the individual is
permanently and totally disabled at the time of the
waiver request; or
``(B) compliance by the fellowship recipient is
based on documentation presented to the Secretary of
substantial economic or personal hardship, as
determined in accordance with regulations prescribed by
the Secretary.
``(c) Amount of Fellowship Awards.--
``(1) In general.--From the grants made pursuant to this
part, eligible institutions shall award stipends to individuals
who are awarded fellowships under this part. Such stipends
shall reflect the purpose of the program authorized by this
part to encourage highly qualified minorities and women to
pursue graduate study for the purpose of entering the higher
education professoriate.
``(2) Awards based on need.--Stipends shall be in an amount
equal to the level of support provided by the National Science
Foundation graduate fellowships, except that such stipend shall
be adjusted as necessary so as not to exceed the fellow's
demonstrated need as determined by the institution of higher
education where the graduate student is enrolled.
``(d) Institutional Payments.--
``(1) In general.--The Secretary shall, in addition to the
amounts made available to institutions for stipends to
individuals under this part, pay to grantee institutions of
higher education, for each individual awarded a fellowship
under this part at such institution, an institutional
allowance. Except as provided for in paragraph (3), such
allowance shall be, for academic year 2008-2009 and succeeding
academic years, the same as the institutional payment made for
that year under the Graduate Assistance in Areas of National
Need program in subpart 2 of part A, and shall be adjusted
annually thereafter in accordance with inflation as determined
by the Department of Labor's Consumer Price Index for the
previous calendar year.
``(2) Use of funds.--Institutional payments may be expended
in the discretion of the institution, except that such funds
shall be used to provide academic support and career transition
services for participating fellows.
``(3) Reduction.--The institutional allowance paid under
paragraph (1) shall be reduced by the amount the institution
charges and collects from a fellowship recipient for tuition
and other expenses as part of the institution's instructional
program.
``(4) Use for overhead prohibited.--Funds made available
pursuant to this part may not be used for general operational
overhead of the academic department or institution receiving
funds under this part.
``SEC. 775. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to appropriated $25,000,000 for fiscal year
2008 and such sums as may be necessary for each of the 5 succeeding
fiscal years.''. | Patsy T. Mink Fellowship Act of 2007 - Amends the Higher Education Act of 1965 to establish the Patsy T. Mink Fellowship program.
Directs the Secretary of Education to make grants to institutions of higher education (IHEs) to award fellowships to minorities and women seeking terminal master's degrees or doctorate degrees in academic areas in which such individuals are underrepresented for the purpose of entering the higher education professoriate.
Requires fellowship recipients to teach, for a period equivalent to their fellowship period, at IHEs with graduate programs.
Directs the Secretary, to the extent practical, to provide at least 50% of the grant funds to minority-serving IHEs or consortia that include such IHEs. | {"src": "billsum_train", "title": "To establish the Patsy T. Mink Graduate Fellow program."} | 2,665 | 162 | 0.440297 | 1.304925 | 0.66686 | 3.062016 | 19.232558 | 0.860465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Economic Assistance
Conditionality Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The governments of low income oil-producing countries
often do not provide information to the people of such
countries regarding their oil revenues. Such opacity can hide
billions of dollars worth of financial impropriety.
(2) The governments of such countries have generally
refused to disclose information regarding their oil revenues
when pressed by international organizations and others,
proclaiming that such disclosure is an infringement on national
sovereignty.
(3) As a result, the people of such countries are left
without the necessary information to ensure proper management
and accountability regarding such oil revenues. Dispossessed,
the people of such countries are often left marginalized and at
the mercy of donor assistance. In Angola, for example, one in
every four oil dollars earned is unaccounted for. At the same
time, one in four Angolan children dies before the age of five
from preventable diseases.
(4) In some low income oil-producing countries, government-
imposed royalties and fees on the revenues of business
enterprises engaged in oil production are often misappropriated
and squandered. These businesses are then left vulnerable to
accusations of complicity with corruption.
(5) The governments of low income oil-producing countries
that mismanage oil revenues are often unstable and do not
survive, creating further instability that threatens the supply
of vital industrial commodities and forcing the international
community to respond with costly emergency assistance to those
countries.
(6) A key to promoting political, economic, and social
reform in low income oil-producing is transparency in public
finances.
(7) If the governments of such countries tell their people
how much oil revenue the government receives and how that
revenue is allocated and expended, the resulting transparency
will engender more realistic public expectations, more
plausible national development programs, and better means to
combat corruption and promote democracy, respect for human
rights, and the rule of law.
(8) Transparency by such foreign governments will benefit
United States business enterprises as well. Respect for the
rule of law, codified regulatory practices, and transparent
bidding and award practices deter corruption and encourage a
level playing field in such countries for United States
business enterprises.
(9) Export credit activities and other bilateral
concessional loan programs of the United States Government for
low income oil-producing countries should require that any
assistance under such activities and programs be conditional on
appropriate transparency by the governments of such countries
relating to oil revenues.
(10) International financial institutions such as the World
Bank should incorporate revenue transparency across their
lending and technical assistance portfolios by making full
transparency a condition of all their financial support and by
including it in their national poverty reduction strategy
consultations.
(11) One bold and promising model is the Chad/Cameroon
Pipeline Project, under which the Government of Chad, private
investors, and the World Bank Group have established an
accountability and oversight mechanism for the country's
revenues derived from oil production.
(12) Donald Norland, former United States Ambassador to
Chad, in testimony on April 18, 2002, before the Committee on
International Relations of the House of Representatives stated
that the Chad/Cameroon Pipeline Project ``has addressed these
extraordinarily challenging issues in ways that may well serve
as a model for developing natural resources in other
countries''.
(13) Ambassador Norland further testified that: ``Success
will require keeping the project in the spotlight of public
attention as well as under constant scrutiny and monitoring by
outside groups . . . Scrutiny is the key to transparency.
Transparency is, in turn, indispensable in guaranteeing that
oil resources go . . . to projects that reduce poverty while
preserving the environment and advancing human rights . . . to
make sure that revenues go to benefit the people of Chad and
not to private bank accounts.''.
SEC. 3. LIMITATION ON UNITED STATES ECONOMIC ASSISTANCE FOR LOW INCOME
OIL-PRODUCING COUNTRIES.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.) is amended--
(1) by redesignating the second section 620G (as added by
section 149 of Public Law 104-164 (110 Stat. 1436)) as section
620J; and
(2) by adding at the end the following new section:
``SEC. 620K. LIMITATION ON UNITED STATES ECONOMIC ASSISTANCE FOR LOW
INCOME OIL-PRODUCING COUNTRIES.
``(a) Definitions.--In this section:
``(1) Low income country.--The term `low income country'
means a country that has a per capita income equal to or less
than the historical ceiling of the International Development
Association, as defined by the International Bank for
Reconstruction and Development.
``(2) Low income oil producing country.--The term `low
income oil-producing country' means a low-income country that
produces an average of not less than 100,000 barrels of oil or
equivalent per day based on the most recent information
available by the Energy Information Administration of the
Department of Energy.
``(3) Oil.--The term `oil' includes crude oil, natural gas
plant liquids, other petroleum-based liquids, and petroleum-
based refinery byproducts.
``(4) United states economic assistance.--The term `United
States economic assistance' means any of the following:
``(A) Bilateral economic, development, or technical
assistance (other than military assistance,
humanitarian assistance, or assistance to prevent,
treat, and monitor HIV/AIDS) provided by any department
or agency of the United States Government to a foreign
country under any program, project, or activity that is
contained within the major budget functional category
150 (relating to International Affairs), including
assistance under--
``(i) chapter 1 of part I of the Foreign
Assistance Act of 1961 (relating to development
assistance);
``(ii) chapter 10 of part I of that Act
(relating to the Development Fund for Africa);
``(iii) chapter 11 of part I of that Act
(relating to assistance for the independent
states of the former Soviet Union);
``(iv) chapter 12 of part I of that Act
(relating to assistance for the countries of
the South Caucasus and Central Asia region);
``(v) chapter 4 of part II of that Act
(relating to the Economic Support Fund); or
``(vi) the Support for East European
Democracy (SEED) Act of 1989.
``(B) Bilateral economic, development, or technical
assistance (other than military assistance,
humanitarian assistance, or assistance to prevent,
treat, and monitor HIV/AIDS) provided by any department
or agency of the United States Government to a foreign
country under any program, project, or activity that is
contained within any of the following major budget
functional categories:
``(i) 270 (relating to Energy).
``(ii) 300 (relating to Natural Resources
and the Environment), including programs,
projects, and activities of the Environmental
Protection Agency, the Department of the
Interior, and the United States Army Corps of
Engineers).
``(iii) 350 (relating to Agriculture),
including assistance provided under title I of
the Agricultural Trade Development and
Assistance Act of 1954, the Food for Progress
program, and other programs administered by the
Department of Agriculture, such as programs
administered by the Commodity Credit
Corporation.
``(iv) 370 (relating to Commerce and
Housing Credit).
``(v) 400 (relating to Transportation).
``(vi) 500 (relating to Education,
Training, Employment, and Social Services).
``(vii) 550 (relating to Health).
``(viii) 750 (relating to the
Administration of Justice).
``(ix) 800 (relating to the General
Government).
``(b) Identification; Determinations.--Not later than October 1,
2005, and not later than each October 1 thereafter, the President,
acting through the Board of Directors of the Millennium Challenge
Corporation--
``(1) shall identify all countries in the world that are
low income oil-producing countries (as defined in subsection
(a)(1)); and
``(2) for each country identified under paragraph (1)--
``(A) shall determine whether or not the country
scores in the top quartile of all low income countries
in each of the three indicators described in subsection
(d), as required under subsection (c)(1)(A); and
``(B) shall determine whether or not the government
of the country meets the requirements of subsection
(e), as required under subsection (c)(1)(B).
``(c) Limitation on Economic Assistance.--
``(1) Limitation.--Notwithstanding any other provision of
law (other than a provision of this section), United States
economic assistance may be provided for fiscal year 2007 and
each subsequent fiscal year for a low income oil-producing
country only if the President, acting through the Board of
Directors of the Millennium Challenge Corporation, determines
that--
``(A) the country scores in the top quartile of all
low income countries in each of the three indicators
described in subsection (d); and
``(B) the government of the country meets the
requirements of subsection (e).
``(2) Rule of construction.--The limitation on assistance
under paragraph (1) shall not apply to a low income oil-
producing country that is determined by the Board of Directors
of the Millennium Challenge Corporation to be an eligible
country under section 607 of the Millennium Challenge Act of
2003 (22 U.S.C. 7706) and is identified as such by the Chief
Executive Officer of the Corporation under section 608(d) of
such Act (22 U.S.C. 7707(d)).
``(d) Indicators.--The indicators referred to in subsection
(c)(1)(A) are the following:
``(1) Total expenditures on health.--The amount expended by
the government of the country at all levels on health divided
by the gross domestic product of the country.
``(2) Total expenditures on primary education.--The amount
expended by the government of the country at all levels on
primary education divided by the gross domestic product of the
country.
``(3) Primary education completion rate.--The number of
students who complete primary education divided by the total
population of individuals of the same age in the country.
``(e) Requirements.--The requirements referred to in subsection
(c)(1)(B) are the following:
``(1) Transparency relating to oil revenues.--The
government of the country makes publicly available information
on--
``(A) the amount of revenues received by the
government through the production of oil in the country
for the preceding calendar year, whether through
royalties, rents, taxes, customs, duties, or otherwise;
and
``(B) the allocation of such revenues among the
various departments and agencies of the government.
``(2) Allocation and expenditure of oil revenues.--The
government of the country allocates and expends an appropriate
amount of the revenues referred to in paragraph (1) on
education, food and nutrition assistance, and public health
programs for the people of the country.
``(3) UN convention against corruption.--The country is a
signatory to the United Nations Convention Against Corruption
(Document A/58/422), as adopted by the United Nations General
Assembly on October 31, 2003.
``(f) Report.--
``(1) In general.--Not later than October 1, 2006, and not
later than October 1 of each year thereafter, the President,
acting through the Board of Directors of the Millennium
Challenge Corporation, shall prepare and transmit to Congress a
report that contains--
``(A) for the fiscal year beginning on the
applicable October 1--
``(i) the identification each low income
oil-producing country, as required under
subsection (b)(1); and
``(ii) the determinations with respect to
each such low income oil-producing country, as
required under subparagraphs (A) and (B) of
subsection (b)(2); and
``(B) for the prior fiscal year, an identification
of each low income oil-producing country that received
United States economic assistance by reason of the
application of subsection (c)(1) and the amounts and
purposes of such assistance.
``(2) Special rule for initial report.--The requirement to
include information described in subparagraph (B) of paragraph
(1) shall not apply to the initial report required to be
submitted under such paragraph.''.
SEC. 4. LIMITATION ON UNITED STATES SUPPORT FOR MULTILATERAL ASSISTANCE
FOR CERTAIN COUNTRIES.
The Bretton Woods Agreements Act (22 U.S.C. 286-286oo) is amended
by adding at the end the following:
``SEC. 64. LIMITATION ON UNITED STATES SUPPORT FOR MULTILATERAL
ASSISTANCE FOR CERTAIN COUNTRIES.
``The Secretary of the Treasury shall instruct the United States
Executive Directors at the Fund and at the Bank to use the voice, vote,
and influence of the United States to oppose the making of a loan by
the Fund or the Bank, respectively, to the government of any country
not eligible to receive United States economic assistance by reason of
section 620K of the Foreign Assistance Act of 1961.''. | United States Economic Assistance Conditionality Act of 2004 - Amends the Foreign Assistance Act of 1961 to require governments of low income oil-producing countries (as defined by this Act) to meet specified requirements relating to their oil revenues in order to be eligible for U.S. economic assistance.
Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to oppose the making of International Monetary Fund or International Bank for Reconstruction and Development loans to a government that fails to meet such oil revenue-related requirements. | {"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to require the governments of low income oil-producing countries to meet certain requirements relating to their oil revenues in order to be eligible to receive United States economic assistance."} | 2,917 | 115 | 0.411891 | 1.206549 | 0.6334 | 3.0625 | 29.270833 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oglala Sioux Tribe Angostura
Irrigation Project Modernization and Development Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Congress approved the Pick-Sloan Missouri River Basin
Program by passing the Act of December 22, 1944 (commonly known
as the ``Flood Control Act of 1944'') (33 U.S.C. 701-1 et
seq.)--
(A) to promote the economic development of the
United States;
(B) to provide for irrigation in regions north of
Sioux City, Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes.
(2) The Angostura Unit--
(A) is a component of the Pick-Sloan program; and
(B) provides for--
(i) irrigation of approximately 12,218
acres of productive farm land in South Dakota;
and
(ii) substantial recreation and fish and
wildlife benefits.
(3) The Commissioner of Reclamation has determined that--
(A) the national economic development benefits from
irrigation at the Angostura Unit total approximately
$3,410,000 annually; and
(B) the national economic development benefits of
recreation at Angostura Reservoir total approximately
$7,100,000 annually.
(4) The Angostura Unit impounds the Cheyenne River 20 miles
upstream of the Pine Ridge Indian Reservation in South Dakota.
(5) The Reservation experiences extremely high rates of
unemployment and poverty.
(6) There is a need for economic development on the
Reservation.
(7) The national economic development benefits of the
Angostura Unit do not extend to the Reservation.
(8) The Angostura Unit may be associated with negative
effects on water quality and riparian vegetation in the
Cheyenne River on the Reservation.
(9) Modernization of the irrigation facilities at the
Angostura Unit would--
(A) enhance the national economic development
benefits of the Angostura Unit; and
(B) result in improved water efficiency and
environmental restoration benefits on the Reservation.
(10) The establishment of a trust fund for the Oglala Sioux
tribe would--
(A) produce economic development benefits for the
Reservation comparable to the benefits produced at the
Angostura Unit; and
(B) provide resources that are necessary for
restoration of the Cheyenne River corridor on the
Reservation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Angostura unit.--The term ``Angostura Unit'' means the
irrigation unit of the Angostura irrigation project developed
under the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
(2) Fund.--The term ``Fund'' means the Oglala Sioux Tribal
Development Trust Fund established by section 201(a).
(3) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River basin program approved
under the Act of December 22, 1944 (commonly known as the
``Flood Control Act of 1944''; 33 U.S.C. 701-1 et seq.).
(4) Plan.--The term ``plan'' means the development plan
developed by the Tribe under section 201(f).
(5) Reservation.--The term ``Reservation'' means the Pine
Ridge Indian Reservation.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribe.--The term ``Tribe'' means the Oglala Sioux Tribe
of the Pine Ridge Indian Reservation.
(8) Tribal council.--The term ``Tribal Council'' means the
governing body of the Tribe.
SEC. 4. MODERNIZATION.
(a) Modernization of Facilities at Angostura Unit.--
(1) In general.--The Secretary shall carry out the
modernization and improvement of the facilities at the
Angostura Unit as described in the Improved Efficiencies
Alternative included in the report titled ``Final Environmental
Impact Statement, Angostura Unit Contract Negotiation and Water
Management (August 2002)''.
(2) Nonreimbursability.--The cost of the modernization and
improvement of the facilities at the Angostura Unit shall be
carried out on a nonreimbursable basis.
(b) Delivery of Water to Pine Ridge Indian Reservation.--The
Secretary shall provide for the delivery of the water saved through the
modernization and improvement of the facilities of the Angostura Unit
as an instream flow of the Cheyenne River to be used for fish and
wildlife purposes and environmental restoration on the Reservation.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $4,660,000, to remain
available until expended.
SEC. 5. DEVELOPMENT.
(a) Oglala Sioux Tribal Development Trust Fund.--
(1) Oglala sioux tribal development trust fund.--There is
established in the Treasury of the United States a fund to be
known as the ``Oglala Sioux Tribal Development Trust Fund,''
consisting of any amounts deposited in the Fund under this Act.
(2) Funding.--Not later than the first day of the 11th
fiscal year that begins after the date of enactment of this
Act, the Secretary of the Treasury shall, from the General Fund
of the Treasury, deposit in the Fund $92,500,000.
(3) Investment of trust fund.--
(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals.
(B) Eligible obligations.--Notwithstanding any
other provision of law, the Secretary of the Treasury
shall invest the amounts deposited under paragraph (2)
and the interest earned on those amounts only in
interest-bearing obligations of the United States
issued directly to the Fund.
(C) Interest.--The Secretary of the Treasury shall
deposit interest resulting from such investments into
the Fund.
(4) Payment of interest to tribe.--
(A) Withdrawal of interest.--On October 1st of each
year, the Secretary of the Treasury shall transfer the
aggregate amount of interest deposited into the Fund
for the fiscal year to the Secretary for use in
accordance with subparagraph (C).
(B) Availability.--Each amount transferred under
subparagraph (A) shall be available without fiscal year
limitation.
(C) Payments to tribe.--
(i) In general.--The Secretary of the
Interior shall use the amounts transferred
under subparagraph (A) only for the purpose of
making payments to the Tribe, as such payments
are requested by the Tribe pursuant to tribal
resolution.
(ii) Limitation.--Payments may be made by
the Secretary of the Interior under clause (i)
only after the Tribe has adopted a plan under
paragraph (6).
(iii) Use of payments by tribe.--The Tribe
shall use the payments made under this
subparagraph only for carrying out projects and
programs under the plan prepared under
paragraph (6).
(5) Limitation on transfers and withdrawals.--Except as
provided in paragraphs (3) and (4)(A), the Secretary of the
Treasury shall not transfer or withdraw any amount deposited
under paragraph (2).
(6) Development plan.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the governing body of
the Tribe shall prepare a plan for the use of the
payments to the Tribe under paragraph (4).
(B) Contents.--The plan shall provide for the
manner in which the Tribe shall expend payments to the
Tribe under paragraph (4) to promote--
(i) economic development;
(ii) infrastructure development;
(iii) the educational, health,
recreational, and social welfare objectives of
the Tribe and members of the Tribe; or
(iv) any combination of the activities
described in subparagraphs (A) through (C).
(C) Plan review and revision.--
(i) In general.--The Tribal Council shall
make available for review and comment by the
members of the Tribe a copy of the plan before
the plan becomes final, in accordance with
procedures established by the Tribal Council.
(ii) Updating of plan.--
(I) In general.--The Tribal Council
may, on an annual basis, revise the
plan.
(II) Review and comment.--In
revising the plan, the Tribal Council
shall provide the members of the Tribe
opportunity to review and comment on
any proposed revision to the plan.
(iii) Consultation.--In preparing the plan
and any revisions to the plan, the Tribal
Council shall consult with the Secretary and
the Secretary of Health and Human Services.
(D) Audit.--
(i) In general.--The activities of the
Tribe in carrying out the plan shall be audited
as part of the annual single-agency audit that
the Tribe is required to prepare pursuant to
the Office of Management and Budget circular
numbered A-133.
(ii) Determination by auditors.--The
auditors that conduct the audit conducted
pursuant to this subparagraph shall--
(I) determine whether funds
received by the Tribe under this
section for the period covered by the
audit conducted pursuant to this
subparagraph were expended to carry out
the plan in a manner consistent with
this section; and
(II) include in the written
findings of the audit the determination
made under clause (i).
(iii) Inclusion of findings with
publication of proceedings of tribal council.--
A copy of the written findings of the audit
conducted pursuant to this subparagraph shall
be inserted in the published minutes of the
Tribal Council proceedings for the session at
which the audit is presented to the Tribal
Council.
(7) Prohibition of per capita payments.--No portion of any
payment made under this Act may be distributed to any member of
the Tribe on a per capita basis.
(b) Eligibility of Tribe for Certain Programs and Services.--No
payment made to the Tribe under this Act shall result in the reduction
or denial of any service or program with respect to which, under
Federal law--
(1) the Tribe is otherwise entitled because of the status
of the Tribe as a federally recognized Indian tribe; or
(2) any individual who is a member of the Tribe is entitled
because of the status of the individual as a member of the
Tribe.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to pay the administrative
expenses of the Fund.
(d) Disclaimer of Effects.--Nothing in this Act affects--
(1) the rights or claims of the Tribe under the Treaty of
Fort Laramie of September 15, 1851 (11 Stat. 749);
(2) the rights or claims of the Tribe under the Treaty of
Fort Laramie of April 29, 1868 (15 Stat. 635); or
(3) the reserved water rights of the Tribe under the
principles of Winters v. United States (207 U.S. 564 (1908)). | Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act - Directs the Secretary of the Interior to: (1) carry out the modernization and improvement of the facilities at the Angostura Unit of the Pick-Sloan Missouri River basin program; and (2) provide for the delivery of water saved through such modernization and improvement for fish and wildlife purposes and environmental restoration on the Pine Ridge Indian Reservation (South Dakota).
Establishes the Oglala Sioux Tribal Development Trust Fund.
Requires the governing body of the Oglala Sioux Tribe of South Dakota to prepare a plan for the use of payments to the Tribe out of the Fund.
Prohibits distribution of any payment to any member of the Tribe on a per capita basis.
States that no payment made to the Tribe shall result in the reduction or denial of any entitlement service or program. | {"src": "billsum_train", "title": "To enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation Project certain benefits of the Pick-Sloan Missouri River basin program."} | 2,510 | 200 | 0.614276 | 1.892254 | 0.784569 | 4.049689 | 13.627329 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Internet Gambling
Prohibition Act of 2002''.
SEC. 2. DEFINITIONS.
Section 1081 of title 18, United States Code, is amended--
(1) by designating the five undesignated paragraphs that
begin with ``The term'' as paragraphs (1) through (5)
respectively;
(2) in paragraph (5), as so designated--
(A) by striking ``wire communication'' and
inserting ``communication'';
(B) by inserting ``satellite, microwave,'' after
``cable,''; and
(C) by inserting ``(whether fixed or mobile)''
after ``connection''; and
(3) by adding at the end the following:
``(6) The term `information assisting in the placing of
bets or wagers' means information knowingly transmitted by an
individual in the business of betting or wagering for use in
placing, receiving, making, or otherwise enabling or
facilitating a bet or wager that violates applicable Federal,
State, tribal, or local law, but does not include--
``(A) the transmission of information for use in
news reporting of wagering activities, as long as such
transmission does not solicit or provide information
for the purpose of facilitating or enabling the placing
or receipt of bets or wagers in a jurisdiction where
such betting is illegal;
``(B) any posting or reporting of any educational
information on how to make a legal bet or wager or the
nature of betting or wagering, as long as such
transmission does not solicit or provide information
for the purpose of facilitating or enabling the placing
or receipt of bets or wagers in a jurisdiction where
such betting is illegal;
``(C) advertising relating to betting or wagering
in a jurisdiction where such betting or wagering is
legal, as long as such advertising does not solicit or
provide information for the purpose of facilitating or
enabling the placing or receipt of bets or wagers in a
jurisdiction where such betting is illegal;
``(D) the transmission of information assisting in
the placing of bets or wagers from a State or foreign
country where such bets or wagers are legal into a
State or foreign country in which such betting or
wagering is legal; or
``(E) information exchanged through
telecommunications connections using bi-directional
communication with external associated equipment
utilizing communication protocols that ensure that
erroneous data or signals will not adversely affect or
influence the operation of gaming devices connected to
an accounting system, if the information is used only
to monitor gaming device play, display prize amounts,
provide security information, or provide other
accounting information when such information is
transmitted among one or more Class II or Class III
gaming facilities as defined in section 4 of the Indian
Gaming Regulatory Act (25 U.S.C. 2703).
``(7) The term `transmission' or `transmit' means to place,
send, receive, transfer, post, disseminate, or otherwise convey
from one person or place to another.
``(8) The term `fantasy sports league or rotisserie league'
means an activity that--
``(A) consists of persons who pay an entrance or
administrative fee to participate in a league that
allows each participant to create a fictitious team
composed of athletes from a professional sport;
``(B) allows for the selection or subsequent
replacement of players without charging any fees in
excess of the initial entrance or administrative fee;
``(C) allows a participant to accrue points for the
performance of that participant's team that can be
compared to the points secured by other participants
and may award de minimis prizes daily, weekly, or
monthly during the regular season or after each round of postseason
play based on total points accrued, or other prizes at the conclusion
of the regular season or postseason, or both based on the cumulative
points accrued during the regular season or postseason, or both;
``(D) designates the specific prizes (including
amounts, if monetary prizes) to be won by participants
in the league at the start of the regular season before
the registration of, or acceptance of fees from, the
participants and does not base the value of prizes on
the number of participants or the total amount of
entrance or administrative fees collected; and
``(E) provides to each participant the rules
governing the conduct of the fantasy sports league.
``(9) The term `bets or wagers' means the staking or
risking by any person of something of value upon--
``(A) any contest or game based in whole or in part
on chance, including a lottery;
``(B) one or more sporting events or contests, or
one or more performances of the participants in such
events or contests, including any scheme of a type
described in section 3702 of title 28; or
``(C) a future contingent event not under the
person's control or influence;
with an agreement or understanding that the person or another
person will or may receive something of value as a result of
such stake or risk. However, such term does not include a bona
fide business transaction in securities or commodities of the
nature governed by the Federal securities and trading laws of
the United States, a contract of indemnity or guarantee, a
contract for insurance, or an entrance or administrative fee
collected by a fantasy sports or rotisserie league where the
operation of or participation in such league does not violate
applicable Federal, State, tribal, or local laws and such
league does not collect fees from or allow participation by
individuals under the age of 18.''.
SEC. 3. MODIFICATION OF EXISTING PROHIBITION.
(a) In General.--Section 1084 of title 18, United States Code, is
amended to read as follows:
``Sec. 1084. Use of a communication facility to transmit bets or
wagers; penalties
``(a) Whoever being engaged in the business of betting or wagering
knowingly uses a communication facility--
``(1) for the transmission in interstate or foreign
commerce, within the special maritime and territorial
jurisdiction of the United States, or to or from any place
outside the jurisdiction of any nation with respect to any
transmission to or from the United States, of bets or wagers,
or information assisting in the placing of bets or wagers; or
``(2) for the transmission of a communication in interstate
or foreign commerce, within the special maritime and
territorial jurisdiction of the United States, or to or from
any place outside the jurisdiction of any nation with respect
to any transmission to or from the United States, which
entitles the recipient to receive money or credit as a result
of bets or wagers, or for information assisting in the placing
of bets or wagers,
shall be fined under this title or imprisoned not more than two years,
or both.
``(b) Nothing contained in this section creates immunity from
criminal prosecution under any laws of any State or tribe.
``(c)(1) When any person or entity is notified in writing by a
Federal, State, tribal, or local law enforcement agency, acting within
its jurisdiction, that any communication facility furnished by it is
being used or will be used by its subscriber for the purpose of
transmitting bets or wagers, or information assisting in the placing of
bets or wagers, in interstate or foreign commerce, within the special
maritime and territorial jurisdiction of the United States, or to or
from any place outside the jurisdiction of any nation with respect to
any transmission to or from the United States in violation of Federal,
State, tribal, or local law, it shall discontinue or refuse the
leasing, furnishing, or maintaining of such facility, after reasonable
notice to the subscriber, but no damages, penalty, or forfeiture, civil
or criminal, shall be found against any person or entity for any act
done in compliance with any notice received from a law enforcement
agency. Nothing in this section shall be deemed to prejudice the right
of any person affected thereby to secure an appropriate determination,
as otherwise provided by law, in a Federal court or in a State, tribal,
or local tribunal or agency, that such facility should not be
discontinued or removed, or should be restored.
``(2) A notice described in this subsection must--
``(A) identify the communication facility, gambling related
material, or activity that allegedly violates this section, and
allege that such facility, material, or activity violates this
section;
``(B) provide information reasonably sufficient to permit
the provider of the communication facility to locate (and, as
appropriate, to discontinue or refuse the leasing, furnishing,
or maintaining) of such facility;
``(C) be supplied to any agent of a provider of the
communication facility designated in accordance with section
512(c)(2) of title 17, if information regarding such
designation is readily available to the public;
``(D) provide information that is reasonably sufficient to
permit the provider of the wire communication facility to
contact the law enforcement agency that issued the notice,
including the name of the law enforcement agency, and the name
and telephone number of an individual to contact at the law
enforcement agency (and, if available, the electronic mail
address of that individual); and
``(E) declare under penalties of perjury that the person
submitting the notice is an official of the law enforcement
agency described in subparagraph (D).
``(d) Nothing in this section shall repeal or amend the rights or
privileges secured tribes under the Indian Gaming Regulatory Act of
1988 (25 U.S.C. 2701 et seq.) or under Indian treaties.
``(e)(1) An interactive computer service provider shall not be
liable, under this section or any other provision of Federal or State
law prohibiting or regulating gambling or gambling-related activities,
for the use of its facilities or services by another person to engage
in Internet gambling activity that violates such law--
``(A) arising out of any transmitting, routing, or
providing of connections for gambling-related material or
activity (including intermediate and temporary storage in the
course of such transmitting, routing, or providing connections)
by the provider, if--
``(i) the material or activity was initiated by or
at the direction of a person other than the provider;
``(ii) the transmitting, routing, or providing of
connections is carried out through an automatic process
without selection of the material or activity by the
provider;
``(iii) the provider does not select the recipients
of the material or activity, except as an automatic
response to the request of another person; and
``(iv) the material or activity is transmitted
through the system or network of the provider without
modification of its content; or
``(B) arising out of any gambling-related material or
activity at an online site residing on a computer server owned,
controlled, or operated by or for the provider, or arising out
of referring or linking users to an online location containing
such material or activity, if the material or activity was
initiated by or at the direction of a person other than the
provider.
``(2) An interactive computer service provider shall not be liable,
under any provision of Federal or State law prohibiting or regulating
gambling or gambling-related activities, or under any State law
prohibiting or regulating advertising and promotional activities, for
content, provided by another person, that advertises or promotes
gambling activity that violates such law, unless the provider is
engaged in the business of such gambling.
``(3)(A) An interactive computer service provider shall not be
liable for any damages, penalty, or forfeiture, civil or criminal,
under Federal or State law for taking in good faith any action to
comply with a notice described in subsection (c).
``(B) Nothing in this section may be construed to impose or
authorize an obligation on an interactive computer service provider--
``(i) to monitor material or use of its service; or
``(ii) except as required by a notice under subsection (c),
to discontinue or refuse the leasing, furnishing, or
maintaining of a facility.
``(4) As used in this subsection:
``(A) The term `interactive computer service' means any
interactive computer service that operates in interstate or
foreign commerce and provides or enables access by multiple
users to a computer server, including a service that--
``(i) provides an information location tool to
refer to link users to an online location, including a
directory, index, or hypertext link;
``(ii) is engaged in the transmission, storage,
retrieval, hosting, formatting, or translation of a
communication made by another person without selection
or alteration of the content of that communication,
other than that done in good faith to prevent or avoid
a violation of law; or
``(iii) provides access to the Internet.
``(B) The term `interactive computer service provider'
means any person that provides an interactive computer service,
to the extent that such person offers or provides such service.
``(C) The term `Internet' means the international computer
network of both Federal and non-Federal interoperable packet
switched data networks.
``(f) As used in this section:
``(1) The term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or a
commonwealth, territory, or possession of the United States.
``(2) The term `tribe' or `tribal' refers to an Indian
tribe, as defined under section 4(5) of the Indian Gaming
Regulatory Act of 1988 (25 U.S.C. 2703(5)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 50 of that title is amended by striking the item relating to
section 1084 and inserting the following new item:
``1084. Use of a communication facility to transmit bets or wagers;
penalties.''. | Comprehensive Internet Gambling Prohibition Act of 2002 - Amends provisions of the Federal criminal code regarding the unauthorized transmission of wagering information to: (1) include all forms of communication (currently limited to wire communication); (2) include transmissions within the special maritime and territorial jurisdiction of the United States, as well as outside transmissions originating from or received in the United States; and (3) require any person or entity (currently only a common carrier) notified that its communication facility is being used for transmitting bets or wagers to immediately disallow such use.Excludes from prohibitions of this Act information exchanged through telecommunications connections using bi-directional communication with external associated equipment utilizing communication protocols that ensure that erroneous data or signals will not adversely affect or influence the operation of gaming devices connected to an accounting system if the information is used only to monitor gaming device play, display prize amounts, provide security information, or provide other accounting information transmitted among one or more Class II or Class III gaming facilities as defined by the Indian Gaming Regulatory Act.Exempts an interactive computer service from liability for: (1) the use of its facilities or services by another person to engage in Internet gambling; or (2) content provided by another person that advertises or promotes an unauthorized gambling activity. | {"src": "billsum_train", "title": "A bill to prohibit Internet gambling."} | 3,070 | 274 | 0.633478 | 1.907511 | 0.754879 | 4.254098 | 12.151639 | 0.909836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Efficiency Act of
2006''.
SEC. 2. ESTABLISHMENT OF FEDERAL REVIEW COMMISSIONS.
(a) In General.--Part I of title 5, United States Code, is amended
by adding at the end the following new chapter:
``CHAPTER 10--FEDERAL REVIEW COMMISSIONS
``Sec.
``1001. Establishment of Federal Review Commissions.
``1002. Expedited Congressional consideration of Federal Review
Commission recommendations.
``1003. Schedule for review of all Federal agencies and programs.
``1004. Administrative matters.
``Sec. 1001. Establishment of Federal Review Commissions
``(a) In General.--A Federal Review Commission may be established
in accordance with this section with respect to a specific aspect of
Federal programs and agencies for purposes of reviewing and making
recommendations on how to improve the operations, effectiveness, and
efficiency of such Federal programs and agencies in order to determine
whether a reorganization, consolidation, abolishment, expansion, or
transfer of existing Federal programs and agencies is necessary to
carry out any policy set forth in section 901(a) of this title.
``(b) Method of Establishment.--A Federal Review Commission may be
established under subsection (a) only through the issuance of an
executive order or the enactment of a joint resolution that--
``(1) describes the Federal programs and agencies to be
reviewed by the Commission; and
``(2) provides that the Commission shall be subject to the
requirements of, and have the powers and authorities under,
this section.
``(c) Commencement of Operations.--Each Federal Review Commission
shall commence operations within 1 month after the establishment of the
Commission under subsection (a).
``(d) Duties of Federal Review Commissions.--
``(1) Review of programs and agencies.--In reviewing
Federal programs and agencies, a Federal Review Commission
established under this section shall consider--
``(A) whether the missions and goals of the
programs and agencies studied by the Commission are
being carried out as effectively and efficiently as
possible;
``(B) the extent to which the programs or agencies
duplicate or conflict with other Federal agencies,
State or local government, or the private sector;
``(C) whether a reorganization, consolidation,
abolishment, expansion, or transfer of the programs and
agencies reviewed by the Federal Review Commission
would better enable the Federal government to
accomplish its missions and goals;
``(D) with respect to existing rules promulgated by
the agencies to carry out the programs--
``(i) whether the agency has specific
legislative authority to promulgate the rules
and carry out the programs.
``(ii) whether the rules are being carried
out as efficiently as possible; and
``(iii) the extent to which the rules
duplicate or conflict with rules promulgated by
other Federal agencies; and
``(E) whether the agency or program has operated or
was authorized outside of an enumerated power under
Article I of the Constitution of the United States or
in any manner violates the separation of powers under
the Constitution.
``(2) Submission to president of assessment and legislative
proposal.--Not later than 1 year after the establishment of a
Federal Review Commission under this section, the Commission
shall submit to the President--
``(A) the Commission's assessment of the
operations, effectiveness, and efficiency of the
Federal programs and agencies reviewed by the
Commission; and
``(B) a legislative proposal, if appropriate, to
reorganize, consolidate, abolish, expand, or transfer
the Federal programs and agencies reviewed by the
Commission.
``(e) Transmission to Congress of Assessment and Legislative
Proposal.--Not later than 30 days after submission to the President of
an assessment and legislative proposal (if any) by a Federal Review
Commission, the President shall transmit to Congress the assessment and
any legislative proposal, along with the President's recommendations
regarding the assessment and proposal.
``(f) Membership.--
``(1) Number and appointment.--
``(A) In general.--Each Federal Review Commission
shall be composed of 7 members appointed by the
President as follows:
``(i) One in consultation with the Speaker
of the House of Representatives.
``(ii) One in consultation with the
minority leader of the House of
Representatives.
``(iii) One in consultation with the
majority leader of the Senate.
``(iv) One in consultation with the
minority leader of the Senate.
``(v) Three other members.
``(B) Ex officio members.--The President may
appoint up to four Members of Congress (up to 2 from
each House) as nonvoting ex officio members of a
Federal Review Commission.
``(2) Qualifications.--All members appointed by the
President to serve on a Federal Review Commission shall have
expertise and experience in the particular programmatic area
that the Federal Review Commission is established to review.
``(3) Terms.--
``(A) In general.--Each member of a Federal Review
Commission shall be appointed for the life of the
Commission.
``(B) Vacancies.--Any vacancy on a Federal Review
Commission shall be filled in the same manner as the
original appointment.
``(4) Basic pay.--
``(A) Rates of pay.--Members of a Federal Review
Commission shall serve without pay.
``(B) Travel expenses.--Each member of a Federal
Review Commission shall receive travel expenses,
including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
``(5) Quorum.--Four members of a Federal Review Commission
shall constitute a quorum but a lesser number may hold
hearings.
``(6) Chairman and vice chairman.--The President shall
designate one member of each Federal Review Commission to serve
as Chairman and one as Vice Chairman.
``(g) Director and Staff.--
``(1) Director.--Each Federal Review Commission shall have
a Director who shall be appointed by the Chairman without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service. The Director
shall be paid at a rate not to exceed the rate of basic pay for
level II of the Executive Schedule.
``(2) Staff.--The Director of a Federal Review Commission
may appoint and fix the pay of additional personnel as the
Director considers appropriate, in accordance with section 3161
of title 5, United States Code.
``(3) Applicability of certain civil service laws.--The
Director and any staff of each Federal Review Commission shall
be employees under section 2105 of title 5, United States Code,
for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of
that title.
``(4) Procurement of temporary and intermittent services.--
The Chairman of each Federal Review Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals which do
not exceed the daily equivalent of the annual rate of basic pay
for Level II of the Executive Schedule.
``(5) Staff of federal agencies.--Upon request of the
Chairman of a Federal Review Commission, the head of any
Federal department or agency may detail, on reimbursable basis,
any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties.
``(h) Powers of Commission.--
``(1) Hearings and sessions.--Each Federal Review
Commission may, for the purpose of carrying out its duties,
hold hearings, sit and act at times and places, take testimony,
and receive evidence as the Commission considers appropriate.
``(2) Obtaining official data.--Each Federal Review
Commission may secure directly from any Federal department or
agency information necessary to enable it to carry out its
duties. Upon request of the Chairman of a Commission, the head
of that department or agency shall furnish that information to
the Commission.
``(3) Postal and printing services.--Each Federal Review
Commission may use the United States mail and obtain printing
and binding services in the same manner and under the same
conditions as other Federal departments and agencies.
``(4) Administrative support services.--Upon the request of
a Federal Review Commission, the Administrator of General
Services shall provide to the Federal Review Commission, on a
reimbursable basis, the administrative support services
necessary for the Federal Review Commission to carry out its
duties.
``(i) Authorization of Appropriations.--Such sums as may be
necessary are authorized to be appropriated for the purposes of
carrying out the duties of each Federal Review Commission. Such funds
shall remain available until expended.
``(j) Termination.--Each Federal Review Commission shall terminate
90 days after the date on which the Commission submits the assessment
and legislative proposal (if any) under subsection (d)
``(k) Definition.--In this section, the term `agency' has the
meaning provided in section 902(1) of this title.
``Sec. 1002. Expedited Congressional consideration of Federal Review
Commission recommendations
``(a) Introduction of Resolution.--The majority leader of each
House or his designee shall introduce a joint resolution as defined in
subsection (d) not later than the fifth day of session of that House
after the date of receipt of a legislative proposal transmitted from
the President to Congress under section 1001(e) of this title.
``(b) Consideration in the House of Representatives.--
``(1) Referral and reporting.--Any committee of the House
of Representatives to which a joint resolution is referred
shall report it to the House not later than 30 legislative days
after the date of its introduction. If a committee fails to
report the joint resolution within that period, it shall be in
order to move that the House discharge the committee from
further consideration of the joint resolution. Such a motion
shall be in order only at a time designated by the Speaker in
the legislative schedule within two legislative days after the
day on which the proponent announces his intention to offer the
motion. Notice of such intention may not be given on an
anticipatory basis. Such a motion shall not be in order after
the last committee authorized to consider the joint resolution
reports it to the House or after the House has disposed of a
motion to discharge a joint resolution. The previous question
shall be considered as ordered on the motion to its adoption
without intervening motion except 20 minutes of debate equally
divided and controlled by the proponent and an opponent. A
motion to reconsider the vote by which the motion is disposed
of shall not be in order.
``(2) Proceeding to consideration.--After each committee
authorized to consider a joint resolution favorably reports it
to the House without amendment or has been discharged from its
consideration, it shall be in order to move to proceed to
consider the joint resolution in the House. Such a motion shall
be in order only at a time designated by the Speaker in the
legislative schedule within two legislative days after the day
on which the proponent announces his intention to offer the
motion. Notice of such intention may not be given on an
anticipatory basis. Such a motion shall not be in order after
the House has disposed of a motion to proceed on the joint
resolution. The previous question shall be considered as
ordered on the motion to its adoption without intervening
motion. A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
``(3) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except ten
hours of debate equally divided and controlled by the proponent
and an opponent and one motion to limit debate on the joint
resolution. The joint resolution shall not be subject to
amendment. A motion to reconsider the vote on passage of the
joint resolution shall not be in order.
``(c) Consideration in the Senate.--[Language to be provided.]
``(d) Definition.--In this section the term `joint resolution'
means only a joint resolution--
``(1) which does not have a preamble;
``(2) the title of which is as follows: `Joint resolution
relating to the legislative proposal prepared by the Federal
Review Commission established on ___, 20__.', the blank spaces
being filled in with the appropriate date;
``(3) the matter after the resolving clause of which is as
follows: `That Congress approves the legislative proposal
prepared by a Federal Review Commission and transmitted to
Congress by the President on ___, 20__ .', the blank spaces
being filled in with the appropriate date; and
``(4) the remaining text of which consists of the
legislative proposal prepared by the Federal Review Commission
concerned and transmitted to Congress by the President.
``(e) Rules of Senate and House of Representatives on Federal
Review Commission Recommendations.--This section is enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they are deemed a part of the rules of each House,
respectively, but applicable only with respect to the procedure
to be followed in that House in the case of resolutions with
respect to any legislative proposal transmitted to Congress (in
accordance with section 1001) after the date of enactment of
this section; and they supersede other rules only to the extent
that they are inconsistent therewith; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
``Sec. 1003. Schedule for review of all Federal agencies and programs
``(a) Schedule for Review.--Not later than one year after the date
of the enactment of this chapter, the President shall submit to
Congress a schedule under which Federal Review Commissions shall be
established to review all Federal agencies and programs in order to
accomplish the goals of the policy set forth in section 901(a) of this
title.
``(b) Review of Agencies Performing Related Functions.--In
developing a schedule pursuant to subsection (a), the President shall
provide that agencies that perform similar or related functions be
reviewed at or near the same time.
``Sec. 1004. Administrative matters
``(a) Relocation of Federal Employees.--If the position of an
employee of an agency is eliminated as a result of a reorganization,
consolidation, abolishment, expansion, or transfer of existing Federal
programs or agencies pursuant to this chapter, the affected agency
shall make a reasonable effort to relocate such employee to a position
within another agency.
``(b) Deficit Reduction.--
``(1) Deficit reduction.--Any reduction in amounts of
discretionary budget authority or direct spending resulting
from enactment of legislation pursuant to this chapter shall be
dedicated only to deficit reduction and shall not be used as an
offset for other spending increases.
``(2) Adjustments to committee allocations.--Not later than
5 days after the enactment of legislation pursuant to this
chapter, the chairmen of the Committees on the Budget of the
Senate and the House of Representatives shall revise levels
under section 311(a) of the Congressional Budget Act of 1974
and adjust the committee allocations under section 302(a) of
the Congressional Budget Act of 1974 to reflect the reduction
in discretionary budget authority or direct spending, and the
appropriate committees shall report revised allocations
pursuant to section 302(b) of the Congressional Budget Act of
1974, as appropriate.
``(3) Adjustments to caps.--After the enactment of
legislation pursuant to this chapter, the Director of the
Office of Management and Budget shall revise applicable limits
under the Balanced Budget and Emergency Deficit Control Act, as
appropriate.''.
(b) Conforming Amendment.--The table of chapters for part I of
title 5, United States Code, is amended by inserting after the item
relating to chapter 9 the following:
``10. Federal Review Commissions............................ 1001''. | Government Efficiency Act of 2006 - Authorizes the establishment of Federal Review Commissions with respect to specific aspects of federal programs and agencies. Requires a Commission to review and make recommendations on how to improve the operations, effectiveness, and efficiency of such federal programs and agencies in order to determine whether a reorganization, consolidation, abolishment, expansion, or transfer (reorganization) of existing federal programs and agencies is necessary to carry out any U.S. policy for promoting more effective management of the executive branch.
Permits establishment of a Commission only through the issuance of an executive order or the enactment of a joint resolution that: (1) describes the federal programs and agencies to be reviewed; and (2) grants the Commission powers and authorities specified by, and subjects it to the requirements of, this Act.
Requires a Commission, in reviewing federal programs and agencies, to consider: (1) whether agency missions and goals are being carried out as effectively and as efficiently as possible; (2) any program or agency duplication or conflict with other federal or state agencies, or the private sector; (3) whether a reorganization would better enable the federal government to accomplish its missions and goals; (4) existing rules, any specific legislative authority to promulgate them and carry out related programs, the efficiency of rules implementation, and the extent to which rules duplicate or conflict with those of other federal agencies; and (5) whether the agency or program has operated or was authorized outside of an enumerated power under Article I of the Constitution, or in any manner violates the separation of powers under the Constitution.
Requires a Commission to submit to the President: (1) an assessment of the operations, effectiveness, and efficiency of the federal programs and agencies reviewed; and (2) a legislative proposal, if appropriate, to reorganize, consolidate, abolish, expand, or transfer such programs and agencies. Requires the President to transmit to Congress the assessment and legislative proposal, if any, along with the President's recommendations.
Sets forth requirements for the composition and powers of a Commission.
Authorizes appropriations.
Provides for expedited congressional consideration of Federal Review Commission recommendations.
Directs the President to submit to Congress a schedule for establishment of Federal Review Commissions. | {"src": "billsum_train", "title": "To provide for the establishment of Federal Review Commissions to review and make recommendations on improving the operations, effectiveness, and efficiency of Federal programs and agencies, and to require a schedule for such reviews of all Federal agencies and programs."} | 3,604 | 482 | 0.729084 | 1.988871 | 0.885521 | 4.705747 | 7.770115 | 0.944828 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Industrial Cogeneration Act of
2007''.
SEC. 2. ENERGY CREDIT FOR COMBINED HEAT AND POWER SYSTEM PROPERTY.
(a) In General.--Section 48(a)(3)(A) (defining energy property) is
by striking ``or'' at the end of clause (iii), by inserting ``or'' at
the end of clause (iv), and by adding at the end the following new
clause:
``(v) combined heat and power system property,''.
(b) Combined Heat and Power System Property.--Section 48 is amended
by adding at the end the following new subsection:
``(d) Combined Heat and Power System Property.--For purposes of
subsection (a)(3)(A)(v)--
``(1) Combined heat and power system property.--The term
`combined heat and power system property' means property
comprising a system--
``(A) which uses the same energy source for the
simultaneous or sequential generation of electrical
power, mechanical shaft power, or both, in combination
with the generation of steam or other forms of useful
thermal energy (including heating and cooling
applications),
``(B) which has an electrical capacity of not more
than 50 megawatts or a mechanical energy capacity of
not more than 67,000 horsepower or an equivalent
combination of electrical and mechanical energy
capacities,
``(C) which produces--
``(i) at least 20 percent of its total
useful energy in the form of thermal energy
which is not used to produce electrical or
mechanical power (or combination thereof), and
``(ii) at least 20 percent of its total
useful energy in the form of electrical or
mechanical power (or combination thereof),
``(D) the energy efficiency percentage of which
exceeds 60 percent, and
``(E) which is placed in service before January 1,
2011.
``(2) Special rules.--
``(A) Energy efficiency percentage.--For purposes
of this subsection, the energy efficiency percentage of
a system is the fraction--
``(i) the numerator of which is the total
useful electrical, thermal, and mechanical
power produced by the system at normal
operating rates, and expected to be consumed in
its normal application, and
``(ii) the denominator of which is the
higher heating value of the primary fuel
sources for the system.
``(B) Determinations made on btu basis.--The energy
efficiency percentage and the percentages under
paragraph (1)(C) shall be determined on a Btu basis.
``(C) Input and output property not included.--The
term `combined heat and power system property' does not
include property used to transport the energy source to
the facility or to distribute energy produced by the
facility.
``(D) Certain exception not to apply.--The first
sentence of the matter in subsection (a)(3) which
follows subparagraph (D) thereof shall not apply to
combined heat and power system property.
``(3) Systems using bagasse.--If a system is designed to
use bagasse for at least 90 percent of the energy source--
``(A) paragraph (1)(D) shall not apply, but
``(B) the amount of credit determined under
subsection (a) with respect to such system shall not
exceed the amount which bears the same ratio to such
amount of credit (determined without regard to this
subparagraph) as the energy efficiency percentage of
such system bears to 60 percent.
``(4) Nonapplication of certain rules.--For purposes of
determining if the term `combined heat and power system
property' includes technologies which generate electricity or
mechanical power using back-pressure steam turbines in place of
existing pressure-reducing valves or which make use of waste
heat from industrial processes such as by using organic
rankine, stirling, or kalina heat engine systems, paragraph (1)
shall be applied without regard to subparagraphs (C) and (D)
thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2007, in taxable years ending after
such date, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990). | Industrial Cogeneration Act of 2007 - Amends the Internal Revenue Code to allow an energy tax credit for investment in combined heat and power system property placed in service before January 1, 2011. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to apply the energy credit to combined heat and power system property."} | 973 | 38 | 0.538612 | 1.260589 | 0.657468 | 3.571429 | 25.685714 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Health Options and
Insurance Competition Enhancement Act'' or the ``CHOICE Act''.
SEC. 2. PUBLIC HEALTH INSURANCE OPTION.
(a) In General.--Part C of title XXVII of the Public Health Service
Act (42 U.S.C. 300gg-91) is amended by adding at the end the following:
``SEC. 2795. PUBLIC HEALTH INSURANCE OPTION.
``(a) Establishment.--
``(1) In general.--For plan years beginning in 2019, the
Secretary shall establish, and provide for the offering through
the Exchanges, of a qualified health plan (in this Act referred
to as the `public health insurance option') that provides
value, choice, competition, and stability of affordable, high-
quality coverage throughout the United States in accordance
with this section.
``(2) Primary responsibility.--In designing the public
health insurance option, the primary responsibility of the
Secretary shall be to create an affordable health plan without
compromising quality or access to care.
``(b) Administrating the Public Health Insurance Option.--
``(1) Offered through exchanges.--
``(A) Exclusive to exchanges.--The public health
insurance option shall be made available through the
Exchanges.
``(B) Ensuring a level playing field.--Consistent
with this section, the public health insurance option
shall comply with requirements under title I of the
Patient Protection and Affordable Care Act, and the
amendments made by that title, that are applicable to
health plans offered through the Exchanges, including
requirements related to benefits, benefit levels,
provider networks, notices, consumer protections, and
cost-sharing.
``(C) Provision of benefit levels.--The public
health insurance option shall offer bronze, silver, and
gold plans.
``(2) Administrative contracting.--
``(A) Authorities.--The Secretary may enter into
contracts for the purpose of performing administrative
functions (including functions described in subsection
(a)(4) of section 1874A of the Social Security Act)
with respect to the public health insurance option in
the same manner as the Secretary may enter into
contracts under subsection (a)(1) of such section. The
Secretary shall have the same authority with respect to
the public health insurance option as the Secretary has
under such subsection (a)(1) and subsection (b) of
section 1874A of the Social Security Act with respect
to title XVIII of such Act.
``(B) Transfer of insurance risk.--Any contract
under this paragraph shall not involve the transfer of
insurance risk from the Secretary to the entity
entering into such contract with the Secretary.
``(3) Ombudsman.--
``(A) Establishment.--The Secretary shall establish
an office of the ombudsman for the public health
insurance option.
``(B) Duties.--Such ombudsman shall--
``(i) have duties with respect to the
public health insurance option similar to the
duties of the Medicare Beneficiary Ombudsman
under section 1808(c)(2) of the Social Security
Act; and
``(ii) work with States to ensure that
information and notice is provided that the
public health insurance option is one of the
health plans available through an Exchange.
``(4) State advisory council.--
``(A) Establishment.--A State may establish a
public or nonprofit entity to serve as the State
Advisory Council to provide recommendations to the
Secretary on the operations and policies of the public
health insurance option offered through the Exchange
operating in the State.
``(B) Recommendations.--A State Advisory Council
established under subparagraph (A) shall provide
recommendations on at least the following:
``(i) Policies and procedures to integrate
quality improvement and cost containment
mechanisms into the health care delivery
system.
``(ii) Mechanisms to facilitate public
awareness of the availability of the public
health insurance option.
``(iii) Alternative payment models and
value-based insurance design under the public
health insurance option that encourage quality
improvement and cost control.
``(C) Members.--The members of any State Advisory
Council shall be representatives of the public and
include health care consumers and health care
providers.
``(D) Applicability of recommendations.--The
Secretary may apply the recommendations of a State
Advisory Council to the public health insurance option
in that State, in any other State, or in all States.
``(5) Data collection.--The Secretary shall collect such
data as may be required--
``(A) to establish rates for premiums and health
care provider reimbursement under subsection (c); and
``(B) for other purposes under this section,
including to improve quality, and reduce racial,
ethnic, and other disparities, in health and health
care.
``(c) Financing the Public Health Insurance Option.--
``(1) Premiums.--
``(A) Establishment.--The Secretary shall establish
geographically adjusted premium rates for the public
health insurance option--
``(i) in a manner that complies with the
requirement for premium rates under
subparagraph (C) and considers the data
collected under subsection (b)(4); and
``(ii) at a level sufficient to fully
finance--
``(I) the costs of health benefits
provided by the public health insurance
option; and
``(II) administrative costs related
to operating the public health
insurance option.
``(B) Contingency margin.--In establishing premium
rates under subparagraph (A), the Secretary shall
include an appropriate amount for a contingency margin.
``(C) Variations in premium rates.--The premium
rate charged for the public health insurance option may
not vary except as provided under section 2701.
``(2) Health care provider payment rates for items and
services.--
``(A) In general.--
``(i) Rates negotiated by the secretary.--
Not later than January 1, 2018, and except as
provided in clause (ii), the Secretary shall,
through a negotiated agreement with health care
providers, establish rates for reimbursing
health care providers for providing the
benefits covered by the public health insurance
option.
``(ii) Medicare reimbursement rates.--If
the Secretary and health care providers are
unable to reach a negotiated agreement on a
reimbursement rate, the Secretary shall
reimburse providers at rates determined for
equivalent items and services under the
original medicare fee-for-service program under
parts A and B of title XVIII of the Social
Security Act.
``(iii) For new services.--The Secretary
shall modify reimbursement rates described in
clause (ii) in order to accommodate payments
for services, such as well-child visits, that
are not otherwise covered under the original
medicare fee-for-service program.
``(B) Prescription drugs.--Any payment rate under
this subsection for a prescription drug shall be at a
rate negotiated by the Secretary. If the Secretary is
unable to reach a negotiated agreement on such a
reimbursement rate, the Secretary shall use rates
determined for equivalent drugs paid for under the
original medicare fee-for-service program. The
Secretary shall modify such rates in order to
accommodate payments for drugs that are not otherwise
covered under the original medicare fee-for-service
program.
``(3) Account.--
``(A) Establishment.--There is established in the
Treasury of the United States an account for the
receipts and disbursements attributable to the
operation of the public health insurance option,
including the start-up funding under subparagraph (C)
and appropriations authorized under subparagraph (D).
``(B) Prohibition of state imposition of taxes.--
Section 1854(g) of the Social Security Act shall apply
to receipts and disbursements described in subparagraph
(A) in the same manner as such section applies to
payments or premiums described in such section.
``(C) Start-up funding.--
``(i) Authorization of funding.--There are
authorized to be appropriated such sums as may
be necessary to establish the public health
insurance option and cover 90 days of claims
reserves based on projected enrollment.
``(ii) Amortization of start-up funding.--
The Secretary shall provide for the repayment
of the startup funding provided under clause
(i) to the Treasury in an amortized manner over
the 10-year period beginning on January 1,
2019.
``(D) Additional authorization of appropriations.--
To carry out paragraph (2) of subsection (b), there are
authorized to be appropriated such sums as may be
necessary.
``(d) Health Care Provider Participation.--
``(1) Provider participation.--
``(A) In general.--The Secretary shall establish
conditions of participation for health care providers
under the public health insurance option.
``(B) Licensure or certification.--The Secretary
shall not allow a health care provider to participate
in the public health insurance option unless such
provider is appropriately licensed or certified under
State law.
``(2) Establishment of a provider network.--
``(A) Medicare and medicaid participating
providers.--A health care provider that is a
participating provider of services or supplier under
the Medicare program under title XVIII of the Social
Security Act or under a State Medicaid plan under title
XIX of such Act is a participating provider in the
public health insurance option unless the health care
provider opts out of participating in the public health
insurance option through a process established by the
Secretary.
``(B) Additional providers.--The Secretary shall
establish a process to allow health care providers not
described in subparagraph (A) to become participating
providers in the public health insurance option.''.
(b) Conforming Amendments.--
(1) Treatment as a qualified health plan.--Section
1301(a)(2) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18021(a)(2)) is amended--
(A) in the paragraph heading, by inserting ``, the
public health insurance option,'' before ``and''; and
(B) by inserting ``the public health insurance
option under section 2795 of the Public Health Service
Act,'' before ``and a multi-State plan''.
(2) Level playing field.--Section 1324(a) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18044(a)) is
amended by inserting ``the public health insurance option under
section 2795 of the Public Health Service Act,'' before ``or a
multi-State qualified health plan''. | Consumer Health Options and Insurance Competition Enhancement Act or the CHOICE Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to offer, throughout the United States, a public health insurance option that provides value, choice, competition, and the stability of affordable, high-quality coverage. Plans under the public health insurance option must be qualified health plans and must include plans with bronze, silver, and gold tier benefits. (Qualified health plans are sold on health insurance exchanges, are the only plans eligible for premium subsidies, and fulfill an individual's requirement to maintain minimum essential coverage.) HHS must establish an office of the ombudsman for the public health insurance option. States may establish advisory councils to provide recommendations to HHS on the operations and policies of the public health insurance option. HHS must collect data to establish rates for premiums and health care provider reimbursement and for other purposes. Premium rates for public health insurance option plans must: (1) fully finance administrative costs and provided health benefits, and (2) include a contingency margin. HHS must negotiate rates for health care providers and prescription drugs under the public health insurance option. If HHS is unable to reach a negotiated agreement on rates, HHS must use Medicare rates. States may not tax federal receipts or disbursements attributable to the operation of the public health insurance option. HHS must establish conditions for participation by health care providers in the public health insurance option. A provider participating in Medicare or Medicaid is a participant in the public health insurance option unless the provider opts out. | {"src": "billsum_train", "title": "Consumer Health Options and Insurance Competition Enhancement Act"} | 2,374 | 341 | 0.609116 | 1.744413 | 0.78135 | 3.194079 | 7.092105 | 0.871711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rights for Transportation Security
Officers Act of 2016''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) On September 11, 2001, nineteen terrorists, who
underwent airport security screening prior to boarding domestic
flights, were able to commandeer four airplanes and use those
airplanes to perpetrate the most deadly terrorist attack ever
to be executed on United States soil.
(2) In the aftermath of those attacks, Congress passed the
Aviation and Transportation Security Act (ATSA), enacted by
President George W. Bush on November 19, 2001 (Public Law 107-
71), to enhance the level of security screening throughout our
aviation system and transfer responsibility for such screening
from the private sector to a new Federal agency, the
Transportation Security Administration (TSA).
(3) By establishing TSA, Congress and the American public
recognized that the highest level of screener performance was
directly linked to employment and training standards, pay and
benefits, and the creation of an experienced, committed
screening workforce.
(4) The Aviation and Transportation Security Act included a
statutory footnote allowing the TSA Administrator to ``employ,
appoint, discipline, terminate, and fix the compensation'',
including the ``terms, and conditions of employment of Federal
Service for such a number of individuals as the Under Secretary
determines to be necessary to carry out the screening functions
of the Under Secretary under section 44901 of title 49, United
States Code''.
(5) TSA has interpreted the ATSA footnote as applying to
the majority of the Transportation Security Officer workforce
performing screening functions, while all other Transportation
Security Administration employees, including managers, are
subject to title 5, United States Code, as incorporated in
title 49 of such Code.
(6) In November 2006, the International Labor Organization
ruled that the Bush Administration violated international labor
law when it prohibited Transportation Security Officers from
engaging in collective bargaining.
(7) After the Federal Labor Relations Board approved a
petition for the election of an exclusive representative, on
February 4, 2011, then-TSA Administrator John Pistole issued a
binding determination stating in part ``it is critical that
every TSA employee feels that he or she has a voice and feels
safe raising issues and concerns of all kinds. This is
important not just for morale; engagement of every employee is
critically important for security''.
(8) The February 4, 2011, determination was superseded by a
second Determination issued on December 29, 2014, changing the
previous guideline for collective bargaining and resulting in
limitations in the subjects that can be bargained, issues in
dispute that may be raised to an independent, third-party
neutral decisionmaker (such as an arbitrator or the Merit
Systems Protection Board), and barriers to union representation
of the Transportation Security Officer workforce.
(9) Both the 2011 and 2014 determinations cited TSA's
authority under section 44935 note of title 59, United States
Code, to create a personnel system that denies the
Transportation Security Officer workforce the same title 5
rights as other Federal workers, including the right to appeal
adverse personnel decisions to the Merit Systems Protection
Board, fair pay under the General Services wage system, 2011,
fair pay and raises under the General Services wage system,
including overtime guidelines, access to earned leave,
application of the Fair Labor Standards Act of 1938, fair
performance appraisals under chapter 73 of title 5, United
States Code, and direct protections against employment
discrimination found in title 7, United States Code.
(b) Sense of Congress.--It is the sense of Congress that the
personnel system utilized by the Transportation Security Administration
pursuant to the authority of section 44935 note of title 49, United
States Code, provides insufficient workplace protections for the
Transportation Security Officer workforce, the frontline personnel who
secure our Nation's aviation system and that such personnel should be
provided protections under title 5, United States Code.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``covered position'' means--
(A) a position within the Transportation Security
Administration; and
(B) any position within the Department of Homeland
Security, not described in subparagraph (A), the duties
and responsibilities of which involve providing
transportation security in furtherance of the purposes
of the Aviation and Transportation Security Act (Public
Law 107-71), as determined by the Secretary;
(2) the term ``covered employee'' means an employee who
holds a covered position;
(3) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code;
(4) the term ``Secretary'' means the Secretary of Homeland
Security;
(5) the term ``Administrator'' means the official within
the Department of Homeland Security who is responsible for
overseeing and implementing transportation security pursuant to
the Aviation and Transportation Security Act, whether
designated as the Assistant Secretary of Homeland Security
(Transportation Security Administration), the Administrator of
the Transportation Security Administration, the Undersecretary
of Transportation for Security, or otherwise;
(6) the term ``TSA personnel management system'' means any
personnel management system, as established or modified under--
(A) section 111(d) of the Aviation and
Transportation Security Act; or
(B) section 114(n) of title 49, United States Code;
(7) the term ``agency'' means an Executive agency, as
defined by section 105 of title 5, United States Code; and
(8) the term ``conversion date'' means the date as of which
paragraphs (1) through (3) of section 3(b) take effect.
SEC. 4. CONVERSION OF SCREENING PERSONNEL.
(a) Termination of Certain Personnel Authorities.--Effective as of
the date of the enactment of this Act--
(1) each provision of law cited in section 2(6) is
repealed, and any authority to establish or modify a TSA
personnel management system under either such provision of law
shall terminate;
(2) all authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions; and
(3) section 44935 note of title 49, United States Code, is
repealed.
(b) Covered Employees and Positions Made Subject to Same Personnel
Management System as Applies to Civil Service Employees Generally.--
Effective as of the date determined by the Secretary, but in no event
later than 60 days after the date of the enactment of this Act--
(1) all TSA personnel management personnel policies,
directives, letters, and guidelines including the
Determinations of February 2011 and December 2014 shall cease
to be effective;
(2) any human resources management system established or
adjusted under chapter 97 of title 5, United States Code, to
the extent otherwise applicable with respect to covered
employees or covered positions, shall cease to be effective;
and
(3) covered employees and covered positions shall become
subject to the provisions of title 49, United States Code.
SEC. 5. TRANSITION RULES.
(a) Nonreduction in Rate of Pay.--Any conversion of an employee
from a TSA personnel management system to the provisions of law made
applicable with respect to such employee by section 4(b)(3) shall be
effected, under pay conversion rules prescribed by the Secretary,
without any reduction in the rate of basic pay payable to such
employee.
(b) Preservation of Other Rights.--In the case of each individual
who is a covered employee as of the conversion date, the Secretary
shall take any actions which may be necessary to ensure that--
(1) all service performed by such individual as a covered
employee before the conversion date shall be credited in the
determination of such individual's length of service as an
employee for purposes of applying the provisions of law
governing leave, pay, group life and health insurance,
severance pay, tenure, and status, which are made applicable
with respect to such individual by section 4(b)(3);
(2) all annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a covered
employee immediately before the conversion date shall remain
available to the employee, until used, so long as such
individual remains continuously employed by the Department of
Homeland Security; and
(3) the Government share of any premiums or other periodic
charges under the provisions of law governing group health
insurance shall remain the same as was the case immediately
before the conversion date, so long as such individual remains
continuously employed by the Department of Homeland Security.
SEC. 6. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--The labor organization certified by
the Federal Labor Relations Authority on June 29, 2011, or successor
shall be deemed the exclusive representative of full- and part-time
nonsupervisory personnel carrying out screening functions under section
44901 of title 49, United States Code, as that term is used in section
111(d) of the Aviation and Transportation Security Act and shall be the
exclusive representative for the employees under chapter 71 of title 5,
United States Code, with full rights under such chapter 71.
(b) Consultation Rights.--Within 14 days after the date of the
enactment of this Act, the Secretary shall consult with the exclusive
representative for employees under chapter 71 of title 5, United States
Code, on the formulation of plans and deadlines to carry out the
conversion of covered employees and covered positions under this Act.
The Secretary shall provide in writing to the exclusive representative
the final plans in accordance with which the Secretary intends to carry
out the conversion of covered employees and covered positions under
this Act, including with respect to such matters as--
(1) the proposed conversion date; and
(2) measures to ensure compliance with section 5.
(c) Required Agency Response.--If any views or recommendations are
presented under subsection (b)(2) by the exclusive representative, the
Secretary shall consider the views or recommendations before taking
final action on any matter with respect to which the views or
recommendations are presented and provide the exclusive representative
a written statement of the reasons for the final actions to be taken.
(d) Sunset Provision.--The provisions of this section shall cease
to be effective as of the conversion date.
SEC. 7. NO RIGHT TO STRIKE.
Nothing in this Act shall be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code
(relating to disloyalty and asserting the right to
strike against the Government); or
(B) section 7311 of title 5, United States Code
(relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in paragraph (1).
SEC. 8. REGULATIONS.
The Secretary may prescribe any regulations necessary to carry out
this Act.
SEC. 9. DELEGATIONS TO ADMINSTRATOR.
The Secretary may, with respect to any authority or function vested
in the Secretary under any of the preceding provisions of this Act,
delegate any such authority or function to the Administrator of the
Transportation Security Administration under such terms, conditions,
and limitations, including the power of redelegation, as the Secretary
considers appropriate.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Rights for Transportation Security Officers Act of 2016 This bill repeals: (1) provisions authorizing the Department of Homeland Security (DHS) to establish a human resources management system for some or all of its organizational units, and (2) the authority granted to the Transportation Security Administration (TSA) to establish or modify a personnel management system for TSA employees engaged in airport security screening. Within 60 days after the enactment date of this bill: (1) any such human resources management system and all TSA personnel management policies, directives, letters, and guidelines shall cease to be effective, and (2) all TSA positions and DHS positions that provide transportation security in furtherance of the purposes of the Aviation and Transportation Security Act shall become subject to general civil service provisions. This bill sets forth transition rules that protect the pay rates and other rights of such employees. DHS shall consult with the labor organization certified by the Federal Labor Relations Authority to carry out the conversion of such positions. The provisions of this bill do not affect the prohibitions against disloyalty and asserting the right to strike against the federal government. | {"src": "billsum_train", "title": "Rights for Transportation Security Officers Act of 2016"} | 2,436 | 228 | 0.520838 | 1.600861 | 0.691707 | 2.957944 | 11.056075 | 0.883178 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Mergers,
Acquisitions, Sales, and Brokerage Simplification Act of 2015''.
SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.
Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(b)) is amended by adding at the end the following:
``(13) Registration exemption for merger and acquisition
brokers.--
``(A) In general.--Except as provided in
subparagraph (B), an M&A broker shall be exempt from
registration under this section.
``(B) Excluded activities.--An M&A broker is not
exempt from registration under this paragraph if such
broker does any of the following:
``(i) Directly or indirectly, in connection
with the transfer of ownership of an eligible
privately held company, receives, holds,
transmits, or has custody of the funds or
securities to be exchanged by the parties to
the transaction.
``(ii) Engages on behalf of an issuer in a
public offering of any class of securities that
is registered, or is required to be registered,
with the Commission under section 12 or with
respect to which the issuer files, or is
required to file, periodic information,
documents, and reports under subsection (d).
``(iii) Engages on behalf of any party in a
transaction involving a public shell company.
``(C) Disqualifications.--An M&A broker is not
exempt from registration under this paragraph if such
broker is subject to--
``(i) suspension or revocation of
registration under paragraph (4);
``(ii) a statutory disqualification
described in section 3(a)(39);
``(iii) a disqualification under the rules
adopted by the Commission under section 926 of
the Investor Protection and Securities Reform
Act of 2010 (15 U.S.C. 77d note); or
``(iv) a final order described in paragraph
(4)(H).
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to limit any other
authority of the Commission to exempt any person, or
any class of persons, from any provision of this title,
or from any provision of any rule or regulation
thereunder.
``(E) Definitions.--In this paragraph:
``(i) Control.--The term `control' means
the power, directly or indirectly, to direct
the management or policies of a company,
whether through ownership of securities, by
contract, or otherwise. There is a presumption
of control for any person who--
``(I) is a director, general
partner, member or manager of a limited
liability company, or officer
exercising executive responsibility (or
has similar status or functions);
``(II) has the right to vote 20
percent or more of a class of voting
securities or the power to sell or
direct the sale of 20 percent or more
of a class of voting securities; or
``(III) in the case of a
partnership or limited liability
company, has the right to receive upon
dissolution, or has contributed, 20
percent or more of the capital.
``(ii) Eligible privately held company.--
The term `eligible privately held company'
means a privately held company that meets both
of the following conditions:
``(I) The company does not have any
class of securities registered, or
required to be registered, with the
Commission under section 12 or with
respect to which the company files, or
is required to file, periodic
information, documents, and reports
under subsection (d).
``(II) In the fiscal year ending
immediately before the fiscal year in
which the services of the M&A broker
are initially engaged with respect to
the securities transaction, the company
meets either or both of the following
conditions (determined in accordance
with the historical financial
accounting records of the company):
``(aa) The earnings of the
company before interest, taxes,
depreciation, and amortization
are less than $25,000,000.
``(bb) The gross revenues
of the company are less than
$250,000,000.
``(iii) M&A broker.--The term `M&A broker'
means a broker, and any person associated with
a broker, engaged in the business of effecting
securities transactions solely in connection
with the transfer of ownership of an eligible
privately held company, regardless of whether
the broker acts on behalf of a seller or buyer,
through the purchase, sale, exchange, issuance,
repurchase, or redemption of, or a business
combination involving, securities or assets of
the eligible privately held company, if the
broker reasonably believes that--
``(I) upon consummation of the
transaction, any person acquiring
securities or assets of the eligible
privately held company, acting alone or
in concert, will control and, directly
or indirectly, will be active in the
management of the eligible privately
held company or the business conducted
with the assets of the eligible
privately held company; and
``(II) if any person is offered
securities in exchange for securities
or assets of the eligible privately
held company, such person will, prior
to becoming legally bound to consummate
the transaction, receive or have
reasonable access to the most recent
fiscal year-end financial statements of
the issuer of the securities as
customarily prepared by the management
of the issuer in the normal course of
operations and, if the financial
statements of the issuer are audited,
reviewed, or compiled, any related
statement by the independent
accountant, a balance sheet dated not
more than 120 days before the date of
the offer, and information pertaining
to the management, business, results of
operations for the period covered by
the foregoing financial statements, and
material loss contingencies of the
issuer.
``(iv) Public shell company.--The term
`public shell company' is a company that at the
time of a transaction with an eligible
privately held company--
``(I) has any class of securities
registered, or required to be
registered, with the Commission under
section 12 or that is required to file
reports pursuant to subsection (d);
``(II) has no or nominal
operations; and
``(III) has--
``(aa) no or nominal
assets;
``(bb) assets consisting
solely of cash and cash
equivalents; or
``(cc) assets consisting of
any amount of cash and cash
equivalents and nominal other
assets.
``(F) Inflation adjustment.--
``(i) In general.--On the date that is 5
years after the date of the enactment of the
Small Business Mergers, Acquisitions, Sales,
and Brokerage Simplification Act of 2015, and
every 5 years thereafter, each dollar amount in
subparagraph (E)(ii)(II) shall be adjusted by--
``(I) dividing the annual value of
the Employment Cost Index For Wages and
Salaries, Private Industry Workers (or
any successor index), as published by
the Bureau of Labor Statistics, for the
calendar year preceding the calendar
year in which the adjustment is being
made by the annual value of such index
(or successor) for the calendar year
ending December 31, 2012; and
``(II) multiplying such dollar
amount by the quotient obtained under
subclause (I).
``(ii) Rounding.--Each dollar amount
determined under clause (i) shall be rounded to
the nearest multiple of $100,000.''.
SEC. 3. EFFECTIVE DATE.
This Act and any amendment made by this Act shall take effect on
the date that is 90 days after the date of the enactment of this Act. | Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015 Amends the Securities Exchange Act of 1934 to exempt from its registration requirements certain merger and acquisition brokers and associated persons. Denies such registration exemption, however, to brokers who: (1) receive, hold, transmit, or have custody of any funds or securities to be exchanged by parties to a transfer of ownership of an eligible privately held company; (2) engage on behalf of an issuer in a public offering of securities that are either subject to mandatory registration, or with respect to which the issuer must file periodic information, documents, and reports; (3) engage on behalf of any party in a transaction involving a public shell company; or (4) are subject to suspension or revocation of registration, or to certain statutory disqualifications, or to certain final orders. Prohibits this Act from being construed to limit any other authority of the Securities and Exchange Commission to exempt any person, or any class of persons, from any provision of this Act, including any related rule or regulation. | {"src": "billsum_train", "title": "Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2015"} | 1,724 | 230 | 0.633154 | 1.966462 | 0.816407 | 3.560386 | 7.84058 | 0.903382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Schools and Libraries Internet
Access Act''.
SEC. 2. REPEAL OF FEDERAL COMMUNICATIONS COMMISSION AUTHORITY.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph
(6);
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``education,
public health, or''; and
(B) by striking paragraph (3); and
(3) by striking subsection (h).
SEC. 3. REDUCTION OF EXCISE TAX ON TELEPHONE AND OTHER COMMUNICATIONS
SERVICES.
(a) Phase-Out of Tax.--Section 4251(b)(2) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(2) Applicable percentage.--The term `applicable
percentage' means--
``(A) 3.0 percent with respect to amounts paid
pursuant to bills first rendered before January 1,
1999; and
``(B) 1.0 percent with respect to amounts paid
pursuant to bills first rendered on or after January 1,
1999, and before October 1, 2003.''
(b) Repeal of Tax.--Subchapter B of chapter 33 of the Internal
Revenue Code of 1986 is repealed effective with respect to bills first
rendered on or after October 1, 2003.
SEC. 4. TELECOMMUNICATIONS TECHNOLOGY TRUST FUND.
(a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is
amended by inserting after section 9410 the following:
``SEC. 9511. TELECOMMUNICATIONS TECHNOLOGY TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust found to be known as the
`Telecommunications Technology Trust Fund', consisting of such amounts
as may be appropriated or credited pursuant to this section or section
9602(b).
``(b) Transfer to Telecommunications Technology Trust Fund Amounts
Equivalent of Certain Taxes.--There are hereby appropriated to the
Telecommunications Technology Trust Fund amounts equivalent to 100
percent of the taxes received in Treasury after December 31, 1998,
under section 4251 (relating to tax on communications).
``(c) Expenditures From Telecommunications Technology Trust Fund.--
Amounts in the Telecommunications Technology Trust Fund shall be
available for making expenditures to carry out the provisions of
section 106 of the National Telecommunications and Information
Administration Organization Act.
``(d) Sunset.--The provisions of this section shall cease to be
effective on October 1, 2003.''.
SEC. 5. PROVISION OF TELECOMMUNICATIONS SERVICES TO SCHOOLS, LIBRARIES,
AND RURAL HEALTH CARE PROVIDERS.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following new section:
``SEC. 106. PROVISION OF ADVANCED TELECOMMUNICATIONS SERVICES.
``(a) Provision of Certain Telecommunications and Related
Services.--
``(1) Grants authorized.--The Secretary (or the Secretary's
designee) shall award a grant for a fiscal year to each State
having an approved plan under paragraph (3) for the following
purposes:
``(A) To assist in acquiring telecommunications and
related services which are necessary for the provision
of health care services, including instruction relating
to such telecommunications and related services, by any
public or nonprofit health care provider that serves
persons who reside in a rural area, as defined in
section 1886(d)(2)(D) of the Social Security Act (42
U.S.C. 1395ww(d)(2)(D)).
``(B) To assist in acquiring telecommunications and
related services for elementary schools, secondary
schools, and libraries for educational purposes.
``(2) Allocation of funds.--From amounts appropriated
pursuant to subsection (b), the Secretary shall allocate to
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico as follows, except that no State
shall receive less than \1/2\ of 1 percent of such amount:
``(A) Fifty percent shall be allocated among such
jurisdictions on the basis of their relative
populations of individuals aged five through 17, as
determined by the Secretary on the basis of the most
recent satisfactory data.
``(B) Fifty percent shall be allocated among such
jurisdictions in accordance with the relative amounts
such jurisdictions received under part A of title I of
the Elementary and Secondary Education Act of 1965 for
the preceding fiscal year.
``(3) State plans.--In order for a State to receive a grant
or an allocation of funds under this part for any fiscal year,
such State shall have in effect for such fiscal year a State
plan. Such plan shall--
``(A) designate the State educational agency (as
such term is defined in section 14101 of the Elementary
and Secondary Education Act of 1965) as the State
agency responsible for the administration of the
program assisted under this part;
``(B) set forth a program under which funds paid to
the State in accordance with this section will be
expended solely for--
``(i) acquiring certain telecommunications
and related services under subsection (a); and
``(ii) administration of the State plan,
except that the amount used for administration
of the State plan in any fiscal year shall not
exceed 2 percent of the amount available to
such State under this section for such fiscal year;
``(C) set forth criteria to be used in allotting
funds among the eligible entities in the State, taking
into consideration the relative economic need of the
eligible entities, including the number of students or
other persons who are--
``(i) living in areas with high
concentrations of low-income families;
``(ii) from or part of a low-income family;
and
``(iii) living in sparsely populated areas;
and
``(D) contain assurance that funds paid to the
State in accordance with this section will be expended
in accordance with the regulations prescribed by the
Secretary under paragraph (5).
``(4) Terms and conditions.--Telecommunications and related
services and network capacity provided to a school, library, or
health care provider under this section may not be sold,
resold, or otherwise transferred by such user in consideration
for money or any other thing of value.
``(5) Rulemaking authority.--The Secretary (or the
Secretary's designee) shall prescribe such regulations as may
be necessary to establish qualifications and conditions to
carry out the provisions of this section. Such regulations
shall include criteria by which States shall determine, in the
case of any acquisition of telecommunications and related
services for elementary schools, secondary schools, and
libraries for educational purposes that includes the
installation of equipment within any such school or library,
whether the installation is essential to permit such school or
library to have access to advanced technologies.
``(6) Definitions.--For purposes of this section:
``(A) Elementary and secondary schools.--The terms
`elementary schools' and `secondary schools' have the
same meanings given those terms in paragraphs (14) and
(25), respectively, of section 14101 of the Elementary
and Secondary Education Act of 1965.
``(B) Health care provider.--The term `health care
provider' includes--
``(i) post-secondary educational
institutions offering health care instructions,
teaching hospitals, and medical schools;
``(ii) community health centers or health
centers providing health care to migrants;
``(iii) local health departments or
agencies;
``(iv) community mental health centers;
``(v) not-for-profit hospitals;
``(vi) rural health clinics; and
``(vii) consortia of health care providers
consisting of 1 or more of the above described
entities.
``(C) Eligible entities.--Notwithstanding
subparagraph (A) or (B), no entity shall be entitled to
receive grants authorized under this section if such
entity operates as other than a not-for-profit
business, is a school described in subparagraph (A)
with an endowment of more than $50,000,000, or is a
library or library consortium not eligible for
assistance from a State library administrative agency
under the Library Services and Technology Act.
``(b) Expenditure Authority.--
``(1) Appropriations from trust fund.--
``(A) Authorization.--Subject to subparagraphs (B)
and (C), there are authorized to be appropriated from
the Telecommunications Technology Trust Fund,
established pursuant to section 9511 of the Internal
Revenue Code of 1986, such funds as may be necessary
for each of the fiscal years 1999 through 2003 to
fund--
``(i) the grants authorized by section
(a)(1); and
``(ii) such expenditures as may be
necessary to administer the programs
established by this section.
``(B) Limitation based on collections.--No amount
may be appropriated pursuant to subparagraph (A) for a
fiscal year for grants pursuant to section (a)(1) that
in the aggregate exceed 100 percent of the trust fund
receipts credited to the Telecommunications Technology
Trust Fund with respect to the preceding fiscal year.
``(C) Fiscal year 1999 limitation.--The amount
appropriated under subparagraph (A) for fiscal year
1999 shall not exceed $1,700,000,000.
``(D) Unexpended balances.--Any balances in the
Telecommunications Technology Trust Fund after
deduction of the amount appropriated under subparagraph
(A) for any fiscal year are authorized to be
transferred to and deposited in the general fund of the
Treasury, to the extent so provided in an
appropriations Act.
``(2) Appropriations after expiration of tax receipts.--For
fiscal year 2004 and each of the succeeding fiscal years, there
are authorized to be appropriated, from funds in the Treasury
not otherwise appropriated, not to exceed $500,000,000 to
fund--
``(A) the grants authorized by section (a)(1); and
``(B) such expenditures as may be necessary to
administer the programs established by this section.''.
SEC. 6. EFFECTIVE DATES.
(a) Delayed Date.--The amendments made by sections 2 and 5 of this
Act shall be effective 180 days after the date of enactment of this
Act.
(b) Immediate Effect.--The amendments made by sections 3 and 4 of
this Act shall be effective on the date of enactment of this Act. | Schools and Libraries Internet Access Act - Amends the Communications Act of 1934 to repeal provisions authorizing the Federal Communications Commission to take certain actions to provide access to advanced telecommunications services for schools, health care providers, and libraries.
Amends the Internal Revenue Code to reduce the excise tax paid for telephone and other communications services to one percent (currently, three percent) of the total paid for such services beginning with bills rendered on or after January 1, 1999, and before October 1, 2003. Repeals such communications taxation provisions with respect to bills rendered on or after October 1, 2003.
Establishes in the Treasury the Telecommunications Technology Trust Fund and appropriates into such Fund all amounts received pursuant to the above taxation authority after December 31, 1998. Makes such funds available to carry out provisions of the National Telecommunications and Information Administration Organization Act (NTIAO) as added under this Act. Terminates this section on October 1, 2003.
Amends the NTIAO to direct the Secretary of Commerce to award a fiscal year grant to each State having an approved plan for the acquisition of telecommunications and related services for: (1) the provision of health care services by any public or nonprofit health care provider that serves persons residing in a rural area; or (2) elementary and secondary schools and libraries, for educational purposes. Provides for an allocation of State funding based on relative populations. Requires the State plan to take into consideration the relative economic need of the eligible entities, including the number of students living in low-income or sparsely populated areas. Authorizes appropriations from the Fund for FY 1999 through 2003 for such grants and administrative expenses. Authorizes appropriations for FY 2004 and thereafter for such purposes from general Treasury funds. | {"src": "billsum_train", "title": "Schools and Libraries Internet Access Act"} | 2,437 | 372 | 0.620399 | 1.807672 | 0.767821 | 3.098802 | 6.502994 | 0.871257 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Benefit Rating Acceleration for
Veteran Entitlements Act of 2008''.
SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED
AS TOTAL BY REASON OF UNEMPLOYABILITY BY THE SECRETARY OF
VETERANS AFFAIRS AS DISABILITY FOR PURPOSES OF TITLE II
OF THE SOCIAL SECURITY ACT.
(a) Disability for Purposes of Entitlement to Disability Insurance
Benefits and Other Benefits Based on Disability.--
(1) In general.--Section 223(d) of the Social Security Act
(42 U.S.C. 423(d)) is amended by adding at the end the
following new paragraph:
``(7)(A) Notwithstanding the preceding provisions of this
subsection, any individual who has a service-connected disability rated
by the Secretary of Veterans Affairs as total by reason of
unemployability for purposes of benefits under chapter 11 of title 38,
United States Code, is expected by such Secretary to have such
disability for not less than one year, and presents written
certification of such rating determination to the Commissioner of
Social Security shall be deemed to be under a disability (within the
meaning of the preceding paragraphs of this subsection) for each
month--
``(i) beginning with the first month for which the
Secretary of Veterans Affairs determines the individual to have
such a rating, and
``(ii) ending with the earlier of--
``(I) any month during which certification is made
to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
``(II) any month during which the Commissioner
determines that such individual is no longer entitled
to benefits under this title on the basis of being
disabled as a result of a continuing disability review
or a determination that the individual is able to
engage in substantial gainful activity.
``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled by reason of unemployability for purposes of
benefits under chapter 11 of title 38, United States Code, and with
respect to whom a certification has been made to the Commissioner
pursuant to subparagraph (A)(ii)(I) that such individual has ceased to
be so disabled, such Secretary shall promptly certify to the
Commissioner such Secretary's determination that such individual has
ceased to be so disabled.
``(C) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of the preceding paragraphs of this subsection).
``(D) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph. Such arrangements shall include requirements for--
``(i) the Secretary of Veterans Affairs to--
``(I) include in the written certification required
under subparagraph (A) the dates of services which
resulted in the service connected disability of the
individual; and
``(II) immediately notify the Commissioner of
Social Security of any knowledge of such Secretary that
an individual who is deemed to be under a disability
under subparagraph (A) engages or is able to engage in
substantial gainful activity; and
``(ii) the Commissioner of Social Security to provide the
Secretary of Veterans Affairs with the names of each individual
deemed to be under a disability under subparagraph (A).
``(E) An individual who is deemed to be under a disability under
subparagraph (A) shall be notified of the requirement to immediately
notify the Commissioner of Social Security and the Secretary of
Veterans Affairs of any work activity engaged in by the individual that
results in earnings that exceed the level of earnings established by
the Commissioner of Social Security to represent substantial gainful
activity and that are not conducted during a period of trial work (as
defined in section 222(c)).''.
(2) Other benefits based on disability.--
(A) Child's insurance benefits.--Section 202(d)(1)
of such Act (42 U.S.C. 402(d)(1)) is amended by adding
at the end the following new sentence: ``Under
regulations of the Commissioner of Social Security, the
provisions of section 223(d)(7) shall apply with
respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(B) Widow's insurance benefits.--Section 202(e)(1)
of such Act (42 U.S.C. 402(e)(1)) is amended by adding
at the end the following new sentence: ``Under
regulations of the Commissioner of Social Security, the
provisions of section 223(d)(7) shall apply with
respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(C) Widower's insurance benefits.--Section
202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended
by adding at the end the following new sentence:
``Under regulations of the Commissioner of Social
Security, the provisions of section 223(d)(7) shall
apply with respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(b) Determinations of Periods of Disability.--Section 216(i) of
such Act (42 U.S.C. 416(i)) is amended by adding at the end the
following new paragraph:
``(4)(A) Notwithstanding paragraphs (1) and (2), any individual who
has a service-connected disability rated by the Secretary of Veterans
Affairs as total by reason of unemployability for purposes of benefits
under chapter 11 of title 38, United States Code, is expected by such
Secretary to have such disability for not less than one year, and
presents written certification of such rating determination to the
Commissioner of Social Security shall be deemed to be under a
disability (within the meaning of paragraph (1)) for each month--
``(i) beginning with the first month for which the
Secretary of Veterans Affairs determines the individual to have
such a rating, and
``(ii) ending with the earlier of--
``(I) any month during which certification is made
to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
``(II) any month during which the Commissioner
determines that such individual is no longer entitled
to benefits under this title on the basis of being
disabled as a result of a continuing disability review
or a determination that the individual is able to
engage in substantial gainful activity.
``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled by reason of unemployability for purposes of
benefits under chapter 11 of title 38, United States Code, and with
respect to whom a certification has been made to the Commissioner
pursuant to subparagraph (A) that such individual has ceased to be so
disabled, such Secretary shall promptly certify to the Commissioner
such Secretary's determination that such individual has ceased to be so
disabled.
``(C) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of paragraph (1)).
``(D) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph. Such arrangements shall include requirements for--
``(i) the Secretary of Veterans Affairs to--
``(I) include in the written certification required
under subparagraph (A) the dates of services which
resulted in the service connected disability of the
individual; and
``(II) immediately notify the Commissioner of
Social Security of any knowledge of such Secretary that
an individual who is deemed to be under a disability
under subparagraph (A) engages or is able to engage in
substantial gainful activity; and
``(ii) the Commissioner of Social Security to provide the
Secretary of Veterans Affairs with the names of each individual
deemed to be under a disability under subparagraph (A).
``(E) An individual who is deemed to be under a disability under
subparagraph (A) shall be notified of the requirement to immediately
notify the Commissioner of Social Security and the Secretary of
Veterans Affairs of any work activity engaged in by the individual that
results in earnings that exceed the level of earnings established by
the Commissioner of Social Security to represent substantial gainful
activity and that are not conducted during a period of trial work (as
defined in section 222(c)).''.
SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY REASON
OF UNEMPLOYABILITY BY THE SECRETARY OF VETERANS AFFAIRS
AS DISABILITY FOR PURPOSES OF TITLE XVI OF THE SOCIAL
SECURITY ACT.
Section 1614(a)(3) of the Social Security Act (42 U.S.C.
1382c(a)(3)) is amended by adding at the end the following new
subparagraph:
``(K) In making determinations with respect to
disability under this title, the provisions of section
223(d)(7) shall apply in the same manner as they apply
to determinations of disability under title II.''.
SEC. 4. APPLICATION OF MEDICAL FINDINGS BY THE SECRETARY OF VETERANS
AFFAIRS FOR INDIVIDUALS WITH A SERVICE-CONNECTED
DISABILITY FOR PURPOSES OF DISABILITY DETERMINATIONS
UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT.
Section 223(d)(5) of the Social Security Act (42 U.S.C. 423(d)(5))
is amended by adding at the end the following new subparagraph:
``(C) In making any determination with respect to whether an
individual is under a disability or continues to be under a disability,
the medical findings of the Secretary of Veterans Affairs, including
any findings of physical limitations, regarding any individual who has
a service-connected disability certified by the Secretary of Veterans
Affairs (without regard to whether such service-connected disability is
rated by the Secretary of Veterans Affairs as total by reason of
unemployability for purposes of benefits under chapter 11 of title 38,
United States Code, and is expected by such Secretary to have such
disability for not less than one year) shall be conclusive evidence of
disability.''.
SEC. 5. TREATMENT OF VETERANS DETERMINED DISABLED FOR PURPOSES OF THE
SOCIAL SECURITY ACT AS VETERANS TOTALLY DISABLED BY
REASON OF INDIVIDUAL UNEMPLOYABILITY.
(a) In General.--Subchapter VI of chapter 11 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1164. Treatment of certain veterans as totally disabled by
reason of individual unemployability
``(a) In General.--A veteran who is determined by the Commissioner
of Social Security to be under a disability for purposes of title II or
XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.)
shall be treated for purposes of this chapter as being a veteran with a
disability or a combination of disabilities rated as 100 percent
disabling by reason of a determination of individual unemployability.
``(b) No Establishment of Service-Connection.--The requirement in
subsection (a) shall not be construed to establish a service-connection
or presumption of service-connection with respect to any disability of
a veteran.
``(c) Termination of Treatment.--(1) Subsection (a) shall cease to
apply to a veteran otherwise covered by that subsection upon either of
the following:
``(A) A reduction by the Secretary of the combined
disability rating of the veteran in accordance with a
determination by the Secretary that an improvement in one or
more of the veteran's disabilities has occurred.
``(B) A determination by the Commissioner of Social
Security that the veteran is no longer under a disability for
purposes of titles II and XVI of the Social Security Act.
``(2) The Commissioner of Social Security shall promptly notify the
Secretary of each determination covered by paragraph (1)(B).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of such title is amended by adding at the end the following
new item:
``1164. Treatment of certain veterans as totally disabled by reason of
individual unemployability.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
determinations of disability in connection with applications for
benefits or periods of disability filed or pending on or after the date
of the enactment of this Act. | Benefit Rating Acceleration for Veteran Entitlements Act of 2008 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat as a disability for OASDI and SSI disability payment purposes any service-connected disability rated and certified by the Secretary of Veterans Affairs as total by reason of unemployability, and expected to last at least one year.
Applies the same treatment to related child's insurance and widow's and widower's insurance benefits.
Makes medical findings by the Secretary of Veterans Affairs of total service-connected disability by reason of unemployability conclusive evidence of disability for OASDI and SSI purposes.
Requires treatment of any determination of a veteran's disability by the Commissioner of Social Security for OASDI and SSI purposes as a disability or a combination of disabilities rated as 100% disabling by reason of individual unemployability for veterans' benefits purposes. Cautions, however, that such requirement shall not be construed to establish a service-connection or presumption of service-connection with respect to any disability of a veteran. | {"src": "billsum_train", "title": "A bill to amend titles II and XVI of the Social Security Act to provide for treatment of disability rates and certified as total by reason of unemployability by the Secretary of Veterans Affairs as disability for purposes of such titles, and for other purposes."} | 3,125 | 281 | 0.633866 | 1.890405 | 0.732235 | 4.090909 | 13.009569 | 0.875598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Representative Reform Act
Stop Special Treatment Provision''.
TITLE I--CONGRESSIONAL EXEMPTIONS
SEC. 101. APPLICATION.
(a) General Rule.--Notwithstanding any other provision of law, the
laws specified in subsection (b) shall, to the extent that they relate
to the terms and conditions of employment (including hiring, promotion
or demotion, salary, benefits, work assignments or reassignments,
overtime, and termination), the health and safety of employees, and the
rights and responsibilities of employers and employees, apply to the
Congress in the same manner and to the same extent as they apply--
(1) in the case of a private person, to such a person; and
(2) in the case of an Executive agency (as defined by
section 105 of title 5, United States Code), to such an agency.
(b) Laws Made Applicable to Congress by This Act.--The laws
referred to in subsection (a) are the following:
(1) Social Security Act (42 U.S.C. 301 et seq.).
(2) National Labor Relations Act (29 U.S.C. 151 et seq.).
(3) Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(4) Civil Rights Act of 1964.
(5) Age Discrimination in Employment Act of 1967 (29 U.S.C.
621 et seq.).
(6) Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.).
(7) Title IX of the Education Amendments of 1972.
(8) Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(9) Privacy Act of 1974 (5 U.S.C. 552a, 552a note).
(10) Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.).
(11) Ethics in Government Act of 1978.
(12) Americans with Disabilities Act of 1990.
(c) Application of the Freedom of Information Act.--The Congress,
and the instrumentalities of Congress, shall be subject to section 552
of title 5, United States Code (commonly referred to as the ``Freedom
of Information Act'') to the same extent that Executive agencies (as
defined by section 105 of title 5, United States Code) are subject to
such section 552.
(d) Application of Independent Counsel Provisions.--Chapter 40 of
title 28, United States Code (relating to independent counsel), shall
apply to the Congress, such that the individuals referred to in
subsection (e)(1), (2), (3), (6), and (7) of this Act shall be deemed
to be included in section 519(b) of title 28, United States Code.
(e) Individuals Covered by Act.--This Act shall apply to the
following individuals:
(1) A Senator or Representative in, or Resident
Commissioner or Delegate to, the Congress (hereafter in this
Act referred to as ``Members'').
(2) An employee of either House of Congress, of a committee
of either House, or a joint committee of the two Houses.
(3) An elected officer of either House who is not a Member.
(4) The Legislative Counsel of either House and an employee
of the Legislative Counsel.
(5) A member of the Capitol Police.
(6) An employee of a Member if the pay of the employee is
paid by the Secretary of the Senate or the Clerk of the House
of Representatives.
(7) An employee of the instrumentalities of Congress,
including the Congressional Research Service, the Office of
Technology Assessment, the General Accounting Office, the
Office of the Architect of the Capitol, the Botanic Gardens,
the Government Printing Office, the Library of Congress, the
Congressional Budget Office, and the Copyright Royalty
Tribunal.
(f) Employees in the District or State Office of a Member.--For the
purposes of determining whether the individuals employed in the
district or State office of a Member are subject to the laws set forth
in section 2, the district or State office shall be treated as if it
were an affiliated branch of a private employer under the laws in
section 2.
(g) Place of Residence and Political Affiliation.--Notwithstanding
the laws set forth in section 2, a Member may consider the political
affiliation and place of residence of an individual seeking employment
on the personal staff of that Member.
(h) Conforming Amendment.--Section 509 of the Americans with
Disabilities Act of 1990 (104 Stat. 373) is repealed.
(i) Application of Small Business Exemption to Members.--To the
extent that a law referred to in section 2 contains an exemption for a
small business, such an exemption shall apply to a Member if the
aggregate number of employees of the Member and employees attributable
to the Member does not exceed the number of employees necessary to
qualify as a small business under the exemption. For the purposes of
this subsection, the number of employees attributable to a Member
equals the result of the sum of the employees specified in subsection
(e)(2), (3), (4), (6) and (7) who work in the District of Columbia and
are employed by the House in which that Member sits, divided by the
number of Members of that House.
SEC. 102. RIGHT OF APPEAL.
If any individual referred to in section 2(e) is aggrieved by an
action taken pursuant to this Act, such individual may seek review of
that action in a Federal district court of competent jurisdiction and
shall have the same rights and remedies provided to private persons
under the laws referred to in section 2.
TITLE II--CONGRESSIONAL PERKS
SEC. 201. PAYMENT FOR MEDICAL CARE FOR MEMBERS OF CONGRESS.
(a) Payment.--All Members of the House of Representatives and
Senators shall pay full market value for all medical services, medical
tests, and medications provided by the Office of the Attending
Physician.
(b) Establishment of Fund.--There is established in the Treasury of
the United States a revolving fund within the contingent fund of the
House of Representatives to be known as the Office of the Attending
Physician Revolving Fund (hereafter in this section referred to as the
``revolving fund'').
(c) Deposits and Expenditures.--
(1) All moneys received by the Office of the Attending
Physician from payments made under subsection (a) or from any
other source shall be deposited to the fund credit of the
revolving fund. Moneys in the revolving fund shall be available
without fiscal year limitation for disbursement by the Sergeant
at Arms and Doorkeeper of the House of Representatives for
necessary supplies and expenses of the Office of the Attending
Physician.
(2) On or before December 31 of each year, the House
Administrator of the House of Representatives shall withdraw
from the revolving fund and deposit in the Treasury of the
United States as miscellaneous receipts all moneys in excess of
$5,000 in the revolving fund at the close of the preceding
fiscal year.
(3) Disbursements from the revolving fund shall be made
upon vouchers signed by the Sergeant at Arms.
SEC. 202. ELIMINATION OF HOUSE BARBER SHOPS AND BEAUTY SALONS.
(a) Notwithstanding any other provision of law, all beauty shops
and barber shops located on the premises of any property belonging to
the House of Representatives shall be closed ninety days after the date
of enactment of this Act.
SEC. 203. EXPRESSING A SENSE OF CONGRESS THAT PAYMENT SHOULD BE MADE
FOR PARKING AT NATIONAL AIRPORT FOR MEMBERS OF CONGRESS.
It is the sense of the House of Representatives that Members of
Congress should be charged rates comparable to those in other parking
facilities at Washington National Airport, and that records of such
expenses be made accessible to the public.
SEC. 204. ESTABLISH MARKET RATES FOR HEALTH FACILITIES FOR MEMBERS OF
CONGRESS.
(a) Payment.--All Members of the House of Representatives shall pay
full market value for the use of the health facilities located on the
premises of the Capitol or any House office building.
(b) Deposit.--The House Administrator shall submit amounts paid
under subsection (a) for deposit in the general fund of the Treasury.
SEC. 205. EXPRESSING A SENSE OF CONGRESS THAT MEMBERS OF CONGRESS
SHOULD PAY THE ENTIRE EXPENSE ASSOCIATED WITH THEIR
HEALTH INSURANCE.
It is the sense of the House of Representatives that the Federal
Government shall not bear any of the cost of health insurance for
Members of the House of Representatives.
SEC. 206. STUDY TO IDENTIFY THE ALL BENEFITS THAT ACCRUE TO MEMBERS OF
THE HOUSE OF REPRESENTATIVES.
(a) Study.--The General Accounting Office shall conduct a study to
identify all benefits that accrue to Members of the House of
Representatives and shall determine the market value or a close
approximation of each of those benefits and the extent to which tax
dollars are used to pay for each service.
(b) Report to Congress.--Before the end of the six month period
beginning on the date of enactment of this Act, the General Accounting
Office shall submit a report to the Congress on the findings and
conclusions made with respect to the study under subsection (a).
TITLE III--MISCELLANEOUS
SEC. 301. PROMULGATION OF IMPLEMENTING REGULATIONS.
Not later than a one hundred and eighty-day period beginning on the
date of enactment of this Act, the House of Representatives and the
Senate shall each promulgate rules and regulations to carry out this
Act, including specifically implementing each of the laws set forth in
section 101. Such rules and regulations shall be consistent with
Federal law. | TABLE OF CONTENTS:
Title I: Congressional Exemptions
Title II: Congressional Perks
Title III: Miscellaneous
Citizen Representative Reform Act Stop Special Treatment Provision -
Title I: Congressional Exemptions
- Makes applicable to the Congress the following Federal laws, to the extent that they relate to the terms and conditions of employment, the health and safety of employees, and the rights and responsibilities of employers and employees: (1) Social Security Act; (2) National Labor Relations Act; (3) Fair Labor Standards Act of 1938; (4) Civil Rights Act of 1964; (5) Age Discrimination in Employment Act of 1967; (6) Occupational Safety and Health Act of 1970; (7) title IX of the Education Amendments of 1972; (8) Rehabilitation Act of 1973; (9) Privacy Act of 1974; (10) Age Discrimination Act of 1975; (11) Ethics in Government Act of 1978 and (12) Americans with Disabilities Act of 1990.
Makes applicable to the Congress the Freedom of Information Act and specified provisions of Federal law relating to the independent counsel.
Title II: Congressional Perks
- Directs all Members of Congress to pay full market value for all medical services, medical tests, and medications provided by the Office of the Attending Physician.
Establishes the Office of Attending Physician Revolving Fund in the Treasury (within the contingent fund of the House of Representatives) for deposit of such payments and monies received from any other source.
Orders the closing of all beauty and barber shops on the premises of any property belonging to the House of Representatives.
Expresses the sense of the House of Representatives that: (1) Members of Congress should be charged rates comparable to those in other parking facilities at Washington National Airport; and (2) records of such expenses should be made accessible to the public.
Directs all Members of the House to pay full market value for the use of the health facilities on the premises of the Capitol or any House office building.
Expresses the sense of the House of Representatives that the Federal Government shall not bear any of the cost of health insurance for its Members.
Directs the General Accounting Office to: (1) identify and report to the Congress on all benefits that accrue to Members of the House; and (2) determine the market value or a close approximation of each of those benefits and to what extent tax dollars are used to pay for them.
Title III: Miscellaneous
- Requires the House and the Senate to promulgate rules and regulations to carry out this Act. | {"src": "billsum_train", "title": "Citizen Representative Reform Act Stop Special Treatment Provision"} | 2,263 | 532 | 0.446322 | 1.638535 | 0.627118 | 5.380392 | 3.843137 | 0.933333 |
SECTION 1. INCREASE IN MAXIMUM RATES OF BASIC PAY ALLOWABLE.
(a) For Members of the Senior Executive Service.--Section 5382(b)
of title 5, United States Code, is amended by striking ``level IV'' and
inserting ``level II''.
(b) For Positions Covered by Section 5376.--Section 5376(b)(1)(B)
of title 5, United States Code, is amended by striking ``level IV'' and
inserting ``level II''.
(c) For Contract Appeals Board Members.--Section 5372a(b)(1) of
title 5, United States Code, is amended by striking ``level IV'' and
inserting ``level II''.
(d) For Positions Covered by Section 5373.--Section 5373 of title
5, United States Code, is amended by striking ``level IV'' and
inserting ``level II''.
(e) For Positions Covered by Section 5306.--Section 5306 of title
5, United States Code, is amended by striking ``level V'' and inserting
``level II''.
SEC. 2. MODIFIED LIMITATIONS ON CERTAIN CASH PAYMENTS.
(a) Limitation on Locality-Based Comparability Payments for Senior-
Level Positions.--Section 5304(g)(2) of title 5, United States Code, is
amended by striking ``level III of the Executive Schedule'' and
inserting ``the annual rate of salary under section 104 of title 3''.
(b) Limitation on Differentials and Other Cash Payments for Senior-
Level Positions.--
(1) In general.--Section 5307 of title 5, United States
Code, is amended by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively, and by inserting after
subsection (a) the following:
``(b)(1) In the case of an employee under paragraph (2)--
``(A) subsection (a) shall be applied--
``(i) by substituting `the annual rate of salary
under section 104 of title 3' for `the annual rate of
basic pay payable for level I of the Executive
Schedule' in paragraph (1); and
``(ii) by substituting `(other than section 5755)'
for `(other than section 5753, 5754, or 5755)' in
paragraph (2)(B); and
``(B) subsection (c) shall not be applicable.
``(2) This subsection applies with respect to any employee who--
``(A) is a member of the Senior Executive Service;
``(B) is a member of the Federal Bureau of Investigation
and Drug Enforcement Administration Senior Executive Service;
``(C) holds a position that is subject to section 5372a
(relating to contract appeals board members);
``(D) holds a position that is subject to section 5376
(relating to certain senior-level positions); or
``(E) holds the position of an examiner-in-chief or
designated examiner-in-chief in the Patent and Trademark
Office, Department of Commerce.''.
(2) Conforming Amendments.--(A) Section 5307(d) of title 5,
United States Code, as amended by paragraph (1), is further
amended by striking ``subsection (b)'' each place it appears
and inserting ``subsection (c)''.
(B) Sections 3152 and 5383(b) of title 5, United States
Code, are amended by striking ``5307'' and inserting
``5307(b)''.
SEC. 3. EXAMINERS-IN-CHIEF AND DESIGNATED EXAMINERS-IN-CHIEF IN THE
PATENT AND TRADEMARK OFFICE.
(a) Basic Pay.--
(1) Examiners-in-chief.--Section 3(c) of title 35, United
States Code, is amended by striking ``the maximum scheduled
rate provided for positions in grade 17 of the General Schedule
of the Classification Act of 1949, as amended'' and inserting
``the rate of basic pay payable for level II of the Executive
Schedule''.
(2) Designated examiners-in-chief.--Section 7(c) of title
35, United States Code, is amended by striking ``the maximum
rate of basic pay payable for grade GS-16 of the General
Schedule under section 5332 of title 5'' and inserting ``the
rate of basic pay payable for level II of the Executive
Schedule''.
(b) Locality-Based Comparability Payments.--Paragraph (1) of
section 5304(h) of title 5, United States Code, is amended by striking
``and'' at the end of subparagraph (E), by redesignating subparagraph
(F) as subparagraph (G), and by inserting after subparagraph (E) the
following:
``(F) a position specified in section 5102(c)(23) (relating
to examiners-in-chief and designated examiners-in-chief in the
Patent and Trademark Office, Department of Commerce); and''.
(c) Conforming Amendments.--(1)(A) Section 5304(g)(2)(A) of title
5, United States Code, is amended by striking ``(A)-(E)'' and inserting
``(A)-(F)''.
(B) Section 5304(h)(2)(B)(i) of section 5304 of title 5, United
States Code, is amended by striking ``(A) through (E)'' and inserting
``(A) through (F)''.
(2)(A) Section 5304(g)(2)(B) of title 5, United States Code, is
amended by striking ``(h)(1)(F)'' and inserting ``(h)(1)(G)''.
(B) Section 5304(h)(2)(B)(ii) of title 5, United States Code, is
amended by striking ``paragraph (1)(F)'' and inserting ``paragraph
(1)(G)''. | Prohibits the pay of such senior-level positions, after locality-based comparability payments, from exceeding the annual salary of the Vice President. Prohibits cash payments to the following Federal employees in a calendar year to the extent that, when added to basic pay, such amount would exceed the annual basic pay under level I of the Executive Schedule: (1) a member of the SES; (2) a member of the Federal Bureau of Investigation and Drug Enforcement Administration SES; (3) contract appeals board members; (4) certain senior-level positions; and (5) examiner-in-chief or designated examiner-in-chief in the Patent and Trademark Office, Department of Commerce.
Provides, with respect to such examiners and designated examiners: (1) an increase in the maximum pay rate to Level II of the Executive Schedule; and (2) authorized locality-based comparability payments. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to alleviate the pay-compression problem affecting members of the Senior Executive Service and other senior-level Federal employees, and for other purposes."} | 1,398 | 189 | 0.546928 | 1.605933 | 0.818555 | 3.310734 | 6.531073 | 0.870056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Preventive Services
Coverage Act of 2004''.
SEC. 2. COVERAGE OF ADDITIONAL PREVENTIVE SERVICES DETERMINED
APPROPRIATE BY THE SECRETARY.
(a) Coverage.--
(1) Description of program.--Section 1831 of the Social
Security Act (42 U.S.C. 1395j) is amended by inserting
``(including appropriate preventive benefits)'' after ``medical
insurance benefits''.
(2) Medical and other health services.--Section 1861(s)(2)
of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended
by section 642(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173;
117 Stat. 2322), is amended--
(A) in subparagraph (Y), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (Z), by adding ``and'' after
the semicolon at the end; and
(C) by adding at the end the following new
subparagraph:
``(AA) additional preventive services (as defined in
subsection (bbb)(1));''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by section 706(b) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173; 117 Stat. 2339), is amended by adding at the end the
following new subsection:
``Additional Preventive Services
``(bbb)(1) The term `additional preventive services' means items
and services, including mental health services, not otherwise covered
under this title that the Secretary determines to be reasonable and
necessary for the prevention or early detection of an illness or
disability.
``(2) In making determinations under paragraph (1), the Secretary
shall--
``(A) take into account evidence-based recommendations by
the United States Preventive Services Task Force and other
appropriate organizations; and
``(B) use the process for making national coverage
determinations (as defined in section 1869(f)(1)(B)) under this
title.''.
(c) Payment and Elimination of Cost-Sharing.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)), as amended by section 302(b)(2) of
the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (Public Law 108-173; 117 Stat. 2229), is amended--
(A) by striking ``and'' before ``(V)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (W) with respect to additional
preventive services (as defined in section
1861(bbb)(1)), the amount paid shall be 100 percent of
the lesser of the actual charge for the services or the
amount determined under a fee schedule established by
the Secretary for purposes of this subparagraph''.
(2) Elimination of coinsurance in outpatient hospital
settings.--
(A) Exclusion from opd fee schedule.--Section
1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C.
1395l(t)(1)(B)(iv)), as amended by section 614 of the
Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2306), is amended by striking ``and diagnostic
mammography'' and inserting ``, diagnostic mammography,
or additional preventive services (as defined in
section 1861(bbb)(1))''.
(B) Conforming amendments.--Section 1833(a)(2) of
the Social Security Act (42 U.S.C. 1395l(a)(2)) is
amended--
(i) in subparagraph (F), by striking
``and'' after the semicolon at the end;
(ii) in subparagraph (G)(ii), by striking
the comma at the end and inserting ``; and'';
and
(iii) by inserting after subparagraph
(G)(ii) the following new subparagraph:
``(H) with respect to additional preventive
services (as defined in section 1861(bbb)(1)) furnished
by an outpatient department of a hospital, the amount
determined under paragraph (1)(W),''.
(3) Waiver of application of deductible.--The first
sentence of section 1833(b) of the Social Security Act (42
U.S.C. 1395l(b)) is amended--
(A) by striking ``and'' before ``(6)''; and
(B) by inserting before the period the following:
``, and (7) such deductible shall not apply with
respect to additional preventive services (as defined
in section 1861(bbb)(1))''.
(d) Inclusion as Part of Initial Preventive Physical Examination.--
Section 1861(ww)(2) of the Social Security Act (42 U.S.C.
1395x(ww)(2)), as added by section 611(b) of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173;
117 Stat. 2303), is amended by adding at the end the following new
subparagraph:
``(L) Additional preventive services (as defined in
subsection (bbb)(1)).''.
(e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date of enactment of this
Act. | Medicare Preventive Services Coverage Act of 2004 - Amends part B (Supplementary Medical Insurance Benefits for Aged and Disabled) of title XVIII (Medicare) of the Social Security Act to require the part B program to provide appropriate preventive benefits.
Amends part E (Miscellaneous), as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to provide for additional preventive services (including mental health services) under Medicare.
Eliminates coinsurance in outpatient department (OPD) hospital settings and application of deductible with respect to additional preventive services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to modernize the medicare program by ensuring that appropriate preventive services are covered under such program."} | 1,350 | 138 | 0.527044 | 1.345888 | 0.664093 | 2.914286 | 10.161905 | 0.87619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Schemes and Crimes Against
Medicare and Seniors (Stop SCAMS) Act''.
SEC. 2. ENSURING THAT NEW MEDICAL CODING SYSTEMS DO NOT COMPROMISE
FRAUD PREVENTION EFFORTS.
(a) In General.--Section 1173(c) of the Social Security Act (42
U.S.C. 1320d-2(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``; or'' and
inserting ``or, if no code sets for such data elements
have been developed, establish code sets for the data
elements;''; and
(B) by striking subparagraph (B) and adding the
following new subparagraphs:
``(B) ensure that any entity producing and
transmitting valid transactions that include code sets
are subject to a consistent, industry-wide framework
that supports a seamless transition to new and modified
code sets; and
``(C) establish, by a rule promulgated after notice
and an opportunity for a hearing on the record, an end-
to-end testing procedure for new and modified code sets
that shall require the participation of any entity
producing and transmitting valid transactions that use
such new or modified code set.''; and
(2) by adding at the end the following paragraphs:
``(3) Adopting new and modified code sets.--The Secretary
shall not adopt a new or modified code set unless the
Secretary--
``(A) assesses the impact of the code set on fraud
prevention and pre-payment review, determines that
anti-fraud edits work as intended, and confirms that a
plan is in place to ensure continuing effective
detection of fraud following the adoption of the code
set;
``(B) ensures that the end-to-end testing procedure
established by the Secretary under paragraph (1) has
been completed; and
``(C) completes end-to-end testing with any Federal
Government entity that produces and transmits valid
transactions that include the code set with private
sector tracking partners.
``(4) Routine updates to existing code sets.--Paragraph (3)
shall not apply to routine, regularly scheduled updates to
existing code sets.''.
(b) Effective Date.--The amendments made by this section shall be
effective as of October 1, 2015.
SEC. 3. VERIFICATION OF PROVIDER OWNERSHIP INTERESTS.
(a) In General.--Section 1124(c) of the Social Security Act (42
U.S.C. 1320a-3(c)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following
paragraph:
``(5) Verification of information.--
``(A) In general.--With respect to information
supplied by a disclosing entity under subsections (a)
and (b), the Secretary shall--
``(i) verify such information by comparing
it to available data on the provider collected
through disclosures made to the Secretary under
section 1128G(a)(2), or, in the case of a
disclosing entity to which section 1128G(a)(2)
does not apply, verify such information through
comparison with at least one other public or
private database which contains information as
to the identity of each person with an
ownership or control interest in the entity;
and
``(ii) confirm the accuracy of any social
security account number or employer
identification number supplied under subsection
(a) by verifying--
``(I) each social security account
number with the Commissioner of Social
Security; and
``(II) each employer identification
number with the Secretary of the
Treasury.
``(B) Discrepancies.--If the comparison described
in subparagraph (A)(i) reveals a discrepancy between
information supplied by a disclosing entity under
subsections (a) and (b) and available data on the
provider collected through disclosures made to the
Secretary under section 1128G(a)(2), the Secretary
shall independently verify the accuracy of such data
collected under section 1128G(a)(2) before taking any
action against a provider based on such discrepancy.''.
(b) Effective Date.--The amendments made by this section shall be
effective as of the date that is 1 year after the date of enactment of
this Act.
SEC. 4. SUPPORTING PUBLIC AND PRIVATE INFORMATION SHARING TO PREVENT
HEALTH CARE FRAUD.
(a) Definitions.--In this section:
(1) Healthcare fraud prevention partnership; partnership.--
The terms ``Healthcare Fraud Prevention Partnership'' and
``Partnership'' mean the information sharing partnership
established between the Department of Health and Human
Services, the Department of Justice, and other public and
private stakeholders, including private insurers, under the
authority of section 1128C(a)(2) of the Social Security Act (42
U.S.C. 1320a-7c(a)(2)) for the purpose of detecting and
preventing health care fraud.
(2) Private insurer.--The term ``private insurer'' has the
meaning given the term ``health insurance issuer'' under
section 2791(b)(2) of the Public Health Service Act (42 U.S.C.
300GG-91(b)(2)).
(b) Safe Harbor for the Sharing of Information.--
(1) General immunity.--
(A) In general.--A non-governmental entity
participating in the Partnership (including a private
insurer) that--
(i) provides data or information described
in clause (i) or (ii) of subparagraph (B) to
the Department of Health and Human Services,
the Department of Justice, any other Federal or
State law enforcement agency, any contractor of
such Department or agency, or another entity
participating in the Partnership (including a
private insurer); or
(ii) uses such data or information as
permitted by this subsection,
shall be immune from civil liability with respect to
the provision or authorized use of such data or
information.
(B) Data or information.--
(i) Data.--The data described in this
clause is aggregated claims data or other
information described in clause (ii) that does
not include individually identifiable
information with respect to any health care
provider, supplier, or beneficiary, whether or
not analysis of such information results in the
identification of a health care provider,
supplier, or other person or organization as
having committed fraud or having committed acts
suspected of being fraudulent.
(ii) Information.--The information
described in this clause is information
concerning fraud or suspected fraudulent acts
that identifies a specific health care
provider, supplier, or other person or
organization if the provider, supplier, or
other person or organization so identified--
(I) is the subject of a bona fide
fraud investigation conducted by the
entity participating in the
Partnership, including a private
insurer, that is providing the
information;
(II) is the subject of a fraud-
related allegation that has been filed
by or received by the entity
participating in the Partnership,
including a private insurer, that is
providing the information; or
(III) has been convicted of a
fraud-related offense.
(2) Limitation.--The immunity described in paragraph (1)
shall apply only where--
(A) the data or information involved was provided
in good faith and without malice; and
(B) the data or information provided is true, based
on a reasonable belief, to the knowledge of the person
providing the information, or if false, the information
is provided without knowledge of, and without reckless
disregard for, its falsity.
(3) Use of partnership data or information.--For purposes
of this subsection, data or information relating to a specific
provider or supplier received by a private insurer solely
through the Partnership shall be used, with respect to such
provider or supplier, only for the purpose of informing
decisionmaking by the private insurer related to fraud
investigations, including whether to conduct such an
investigation. Nothing in the preceding sentence shall prevent
a private insurer or other entity participating in the
Partnership from taking other actions, not specific to such
provider or supplier, based on such data or information.
(c) Report.--Not later than October 1 of each calendar year that
begins after the date of enactment of this Act, the Secretary of Health
and Human Services shall submit to the Special Committee on Aging, the
Committee on Finance, and the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives, a report that describes the activities of the
Healthcare Fraud Prevention Partnership. Such report shall include--
(1) a description of how input was obtained from private
insurers regarding the appropriate usage of data shared through
the Healthcare Fraud Prevention Partnership; and
(2) plans for the Partnership to be expanded to encompass a
representative sample of national private insurers and to
include health care provider organizations.
SEC. 5. MEDPAC STUDY AND REPORT.
(a) Study.--The Medicare Payment Advisory Commission shall conduct
a study on administrative efforts to strengthen program integrity in
the Medicare program. Such study may include--
(1) an evaluation of ways to detect fraudulent claims
before payment is made;
(2) a review of the efficiency and effectiveness of post-
payment recovery methods;
(3) analysis by the Centers for Medicare & Medicaid
Services and public reporting of claims and spending patterns;
and
(4) a review of the organizational structure and resources
of the Centers for Medicare & Medicaid Services as they relate
to program integrity.
(b) Report.--Not later than June 15, 2016, the Medicare Payment
Advisory Commission shall submit to Congress a report on the study
conducted under subsection (a), together with recommendations for such
legislative and administrative action as the Commission determines
appropriate.
SEC. 6. ABILITY TO MEASURE FRAUD PREVENTION EFFORTS.
Section 4241 of the Small Business Jobs Act of 2010 (42 U.S.C.
1320a-7m) is amended--
(1) in subsection (b)(4), by inserting ``and on civil
recoveries, administrative actions, and criminal convictions
for fraud'' after ``reimbursement''; and
(2) in subsection (c), by adding at the end the following
paragraph:
``(7) Implementation of amendments.--The Secretary shall
implement amendments made to this subsection by the Stop
Schemes and Crimes Against Medicare and Seniors (Stop SCAMS)
Act not later than 6 months after the date of enactment of such
Act. If the Secretary determines that new technology or data
processing systems are required to carry out such amendments,
the Secretary shall issue a request for proposals to carry out
such amendments not later than 6 months after the enactment of
such Act, and the contractors selected under such request for
proposal shall implement such amendments not later than 12
months after the date of enactment of such Act.''. | Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act - Amends title XI of the Social Security Act with respect to standards for financial and administrative transactions and their data elements to enable the electronic exchange of health information. Requires the Secretary of Health and Human Services (HHS) to adopt standards that: (1) ensure that any entity producing and transmitting valid transactions that include code sets for appropriate data elements is subject to a consistent, industry-wide framework that supports a seamless transition to new and modified code sets; and (2) establish an end-to-end testing procedure for new and modified code sets that shall require the participation of any entity producing and transmitting valid transactions that use the new or modified code set. Prohibits the Secretary from adopting a new or modified code set unless the Secretary: (1) assesses its impact on fraud prevention and pre-payment review, determines that anti-fraud edits work as intended, and confirms that a plan is in place to ensure continuing effective detection of fraud following the adoption of the code set; (2) ensures that the end-to-end testing procedure established has been completed; and (3) completes end-to-end testing with any federal government entity that produces and transmits valid transactions that include the code set with private sector tracking partners. Exempts routine, regularly scheduled updates to existing code sets from such prohibition. Directs the Secretary, with respect to information supplied to it by a disclosing entity about those with an ownership or control interest in the entity, to verify such information in a specified manner and confirm the accuracy of any Social Security account number or employer identification number. Holds immune from civil liability (in a safe harbor) any non-governmental entity participating in a Healthcare Fraud Prevention Partnership, including private insurers, for sharing information about potentially fraudulent providers with each other, HHS, the Department of Justice (DOJ), any other federal or state law enforcement agency, any federal or state agency contractor, and another Partnership participant. Directs the Medicare Payment Advisory Commission (MEDPAC) to study administrative efforts to strengthen program integrity in the Medicare program. Amends the Small Business Jobs Act of 2010, with respect to the use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse in the Medicare fee-for-service program, to require predictive analytics technologies to capture outcome information on civil recoveries, administrative actions, and criminal convictions for fraud. | {"src": "billsum_train", "title": "Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act"} | 2,405 | 521 | 0.760929 | 2.841948 | 0.799115 | 4.62395 | 4.644958 | 0.913866 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Pell Promise Act''.
SEC. 2. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM.
Subpart 1 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a et seq.) is amended by adding at the end the
following:
``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM.
``(a) Program Authority.--The Secretary is authorized to carry out
an Early Federal Pell Grant Commitment Program (referred to in this
section as the `Program') under which the Secretary shall--
``(1) award grants to State educational agencies to pay the
administrative expenses incurred in participating in the
Program; and
``(2) make a commitment to award Federal Pell Grants to
eligible students in accordance with this section.
``(b) Program Requirements.--The Program shall meet the following
requirements:
``(1) Eligible students.--
``(A) In general.--A student shall be eligible to
receive a commitment from the Secretary to receive a
Federal Pell Grant early in the student's academic
career if the student--
``(i) is in 8th grade; and
``(ii) is eligible for a free or reduced
price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.).
``(2) Federal pell grant commitment.--
``(A) In general.--Except as provided in
subparagraph (B), each eligible student who
participates in the Program shall receive a commitment
from the Secretary to receive a Federal Pell Grant
during the first 2 academic years that the student is
in attendance at an institution of higher education as
an undergraduate student, if the student--
``(i) applies for Federal financial aid
(via the FAFSA) during the student's senior
year of secondary school and during the
succeeding academic year; and
``(ii) enrolls at such institution of
higher education--
``(I) not later than 3 years after
such student receives a secondary
school diploma or its recognized
equivalent; or
``(II) if such student becomes a
member of the Armed Forces, not later
than 3 years after such student is
discharged, separated, or released from
the Armed Forces.
``(B) Exception to commitment.--If an eligible
student receives a commitment from the Secretary to
receive a Federal Pell Grant during the first 2
academic years that the student is in attendance at an
institution of higher education as an undergraduate
student and the student applies for Federal financial
aid (via the FAFSA) during the student's senior year of
secondary school or during the succeeding academic
year, and the expected family contribution of the
student for either of such years is more than 2 times
the threshold amount for Federal Pell Grant eligibility
for such year, then such student shall not receive a
Federal Pell Grant under this section for the
succeeding academic year. Such student shall continue
to be eligible for any other Federal student financial
aid for which the student is otherwise eligible.
``(3) Applicability of federal pell grant requirements.--
The requirements of section 401 shall apply to Federal Pell
Grants awarded pursuant to this section, except that with
respect to each eligible student who participates in the
Program and is not subject the exception under paragraph
(2)(B), the amount of each such eligible student's Federal Pell
Grant only shall be calculated by deeming such student to have
an expected family contribution equal to zero.
``(c) State Educational Agency Applications.--
``(1) In general.--Each State educational agency desiring
to participate in the Program shall submit an application to
the Secretary at such time and in such manner as the Secretary
may require.
``(2) Contents.--Each application shall include--
``(A) a description of the proposed targeted
information campaign for the Program and a copy of the
plan described in subsection (e)(2);
``(B) an assurance that the State educational
agency will fully cooperate with the ongoing evaluation
of the Program; and
``(C) such other information as the Secretary may
require.
``(d) Evaluation.--
``(1) In general.--From amounts appropriated under
subsection (f) for a fiscal year, the Secretary shall reserve
not more than $1,000,000 to award a grant or contract to an
organization outside the Department for an independent
evaluation of the impact of the Program.
``(2) Competitive basis.--The grant or contract shall be
awarded on a competitive basis.
``(3) Matters evaluated.--The evaluation described in this
subsection shall consider metrics established by the Secretary
that emphasize college access and success, encouraging low-
income students to pursue higher education, and the cost
effectiveness of the program.
``(4) Dissemination.--The findings of the evaluation shall
be widely disseminated to the public by the organization
conducting the evaluation as well as by the Secretary.
``(e) Targeted Information Campaign.--
``(1) In general.--Each State educational agency receiving
a grant under this section shall, in cooperation with the
participating local educational agencies within the State and
the Secretary, develop a targeted information campaign for the
Program.
``(2) Plan.--Each State educational agency receiving a
grant under this section shall include in the application
submitted under subsection (c) a written plan for their
proposed targeted information campaign. The plan shall include
the following:
``(A) Outreach.--Outreach to students and their
families, at a minimum, at the beginning and end of
each academic year.
``(B) Distribution.--How the State educational
agency plans to provide the outreach described in
subparagraph (A) and to provide the information
described in subparagraph (C).
``(C) Information.--The annual provision by the
State educational agency to all students and families
participating in the Program of information regarding--
``(i) the estimated statewide average
higher education institution cost data for each
academic year, which cost data shall be
disaggregated by--
``(I) type of institution,
including--
``(aa) 2-year public
colleges;
``(bb) 4-year public
colleges;
``(cc) 4-year private
colleges; and
``(dd) private, for-profit
colleges; and
``(II) component, including--
``(aa) tuition and fees;
and
``(bb) room and board;
``(ii) Federal Pell Grants, including--
``(I) the maximum Federal Pell
Grant for each academic year;
``(II) when and how to apply for a
Federal Pell Grant; and
``(III) what the application
process for a Federal Pell Grant
requires;
``(iii) State-specific college savings
programs;
``(iv) State-based financial aid, including
State-based merit aid; and
``(v) Federal financial aid available to
students, including eligibility criteria for
the Federal financial aid and an explanation of
the Federal financial aid programs.
``(3) Annual information.--The information described in
paragraph (2)(C) shall be provided to eligible students
annually for the duration of the students' participation in the
Program.
``(4) Reservation.--Each State educational agency receiving
a grant under this section shall reserve $200,000 of the grant
funds received each fiscal year to carry out the targeted
information campaign described in this subsection.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''. | Early Pell Promise Act This bill amends the Higher Education Act of 1965 to authorize the Department of Education to carry out a program of grants to state educational agencies (SEAs) under which a student who is in eighth grade and is eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act may be provided a commitment to receive a Federal Pell Grant early in the student's academic career. Pursuant to such a commitment, the student receives a Pell Grant during the first two years of attendance at an institution of higher education (IHE) as an undergraduate if the student: files the FAFSA form during the senior year of secondary school and the succeeding year, and enrolls at the IHE not later than three years after receiving a secondary school diploma or after release from the Armed Forces. A student may not receive the early Pell Grant for a succeeding year if the expected family contribution for either year is more than twice the threshold amount for Pell Grant eligibility for that year. Funds are reserved for an independent evaluation of the program's impact. In order to participate in the program, an SEA must develop a targeted information campaign and include in the plan for that campaign cost data disaggregated by institution type and information on both state and federal financial aid. | {"src": "billsum_train", "title": "Early Pell Promise Act"} | 1,714 | 285 | 0.72781 | 2.010917 | 0.899973 | 2.821138 | 6.51626 | 0.918699 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``Improving Oversight and
Accountability in Medicaid Non-DSH Supplemental Payments Act''.
SEC. 2. IMPROVING CALCULATION, OVERSIGHT, AND ACCOUNTABILITY OF NON-DSH
SUPPLEMENTAL PAYMENTS UNDER THE MEDICAID PROGRAM.
(a) Guidance for States on Non-DSH Supplemental Payments; State
Reporting and Auditing Requirements.--Section 1903 of the Social
Security Act (42 U.S.C. 1396b) is amended by inserting after subsection
(k) the following new subsection:
``(l)(1) Not later than 180 days after the date of the enactment of
this subsection, the Secretary shall--
``(A) issue guidance to States that identifies permissible
methods for calculation of non-DSH supplemental payments to
providers to ensure such payments are consistent with section
1902(a)(30)(A) (including any regulations issued under such
section such as the regulations specifying upper payment limits
under the State plan in part 447 of title 42, Code of Federal
Regulations (or any successor regulations));
``(B) establish annual reporting requirements for States
making non-DSH supplemental payments that include--
``(i) with respect to a provider that is a
hospital, nursing facility, intermediate care facility
for the mentally retarded, or an institution for mental
diseases, or any other institution, an identification
of each provider that received a non-DSH supplemental
payment for the preceding fiscal year, the type of
ownership or operating authority of each such provider,
and the aggregate amount of such payments received by
each provider for the preceding fiscal year broken out
by category of service;
``(ii) with respect a provider that is not
described in clause (i), any information specified in
the preceding paragraph, as determined appropriate by
the Secretary; and
``(iii) such other information as the Secretary
determines to be necessary to ensure that non-DSH
supplemental payments made to providers under this
section are consistent with section 1902(a)(30)(A); and
``(C) establish requirements for States making non-DSH
supplemental payments to conduct and submit to the Secretary an
annual independent certified audit that verifies--
``(i) the extent to which non-DSH supplemental
payments made in the preceding fiscal year are
consistent with the guidance issued under subparagraph
(A);
``(ii) that payments made under the State plan (or
under a waiver of the plan) are only for the provision
of covered services to eligible individuals under the
State plan (or under a waiver of the plan); and
``(iii) any other information the Secretary
determines is necessary to ensure non-DSH supplemental
payments are consistent with applicable Federal laws
and regulations.
``(2) For purposes of this subsection, the term `non-DSH
supplemental payment' means a payment, other than a payment under
section 1923, that--
``(A) is identified by the Secretary through guidance
described in paragraph (1)(A);
``(B) is made by a State to a provider under the State plan
(or under a waiver of the plan) for an item or service
furnished to an individual eligible for medical assistance
under the State plan (or under a waiver of the plan); and
``(C) is in addition to any base or standard payments made
to a provider under the State plan (or under a waiver of the
plan) for such an item or service, including any additional
payments made to such provider that are not more than any
limits imposed pursuant to section 1902(a)(30)(A) (including
the regulations specifying upper payment limits under the State
plan in part 447 of title 42, Code of Federal Regulations (or
any successor regulations)).''.
(b) State Reporting and Auditing of Non-DSH Supplemental
Payments.--Section 1903(i) of the Social Security Act (42 U.S.C.
1396b(i)) is amended--
(1) in paragraph (25), by striking ``or'' at the end;
(2) by redesignating paragraph (26) as paragraph (27); and
(3) by inserting after paragraph (25) the following new
paragraph:
``(26) with respect to amounts expended to make any non-DSH
supplemental payment (as defined in subsection (l)(2)), unless
the State complies with the reporting and auditing requirements
under subparagraphs (B) and (C) of subsection (l)(1); or''. | Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act This bill amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) issue guidance to states that identifies permissible methods for calculation of non-DSH (disproportionate share) supplemental payments to providers, (2) establish annual reporting requirements for states making non-DSH supplemental payments, and (3) establish requirements for states making non-DSH supplemental payments to conduct and submit to the Secretary an annual independent certified audit. No federal payment under Medicaid may be made to a state for any expenditures to make non-DSH supplemental payments unless the state complies with the reporting and auditing requirements of this Act. | {"src": "billsum_train", "title": "Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act"} | 1,038 | 165 | 0.674257 | 1.784115 | 0.744022 | 4.780142 | 6.560284 | 0.921986 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native and American Indian
Direct Reimbursement Act of 2000''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1988, Congress enacted section 405 of the Indian Health
Care Improvement Act (25 U.S.C. 1645) that established a
demonstration program to authorize 4 tribally-operated Indian
Health Service hospitals or clinics to test methods for direct
billing and receipt of payment for health services provided to
patients eligible for reimbursement under the medicare or medicaid
programs under titles XVIII and XIX of the Social Security Act (42
U.S.C. 1395 et seq.; 1396 et seq.), and other third party payors.
(2) The 4 participants selected by the Indian Health Service
for the demonstration program began the direct billing and
collection program in fiscal year 1989 and unanimously expressed
success and satisfaction with the program. Benefits of the program
include dramatically increased collections for services provided
under the medicare and medicaid programs, a significant reduction
in the turn-around time between billing and receipt of payments for
services provided to eligible patients, and increased efficiency of
participants being able to track their own billings and
collections.
(3) The success of the demonstration program confirms that the
direct involvement of tribes and tribal organizations in the direct
billing of, and collection of payments from, the medicare and
medicaid programs, and other third party payor reimbursements, is
more beneficial to Indian tribes than the current system of Indian
Health Service-managed collections.
(4) Allowing tribes and tribal organizations to directly manage
their medicare and medicaid billings and collections, rather than
channeling all activities through the Indian Health Service, will
enable the Indian Health Service to reduce its administrative
costs, is consistent with the provisions of the Indian Self-
Determination Act, and furthers the commitment of the Secretary to
enable tribes and tribal organizations to manage and operate their
health care programs.
(5) The demonstration program was originally to expire on
September 30, 1996, but was extended by Congress, so that the
current participants would not experience an interruption in the
program while Congress awaited a recommendation from the Secretary
of Health and Human Services on whether to make the program
permanent.
(6) It would be beneficial to the Indian Health Service and to
Indian tribes, tribal organizations, and Alaska Native
organizations to provide permanent status to the demonstration
program and to extend participation in the program to other Indian
tribes, tribal organizations, and Alaska Native health
organizations who operate a facility of the Indian Health Service.
SEC. 3. DIRECT BILLING OF MEDICARE, MEDICAID, AND OTHER THIRD PARTY
PAYORS.
(a) Permanent Authorization.--Section 405 of the Indian Health Care
Improvement Act (25 U.S.C. 1645) is amended to read as follows:
``(a) Establishment of Direct Billing Program.--
``(1) In general.--The Secretary shall establish a program
under which Indian tribes, tribal organizations, and Alaska Native
health organizations that contract or compact for the operation of
a hospital or clinic of the Service under the Indian Self-
Determination and Education Assistance Act may elect to directly
bill for, and receive payment for, health care services provided by
such hospital or clinic for which payment is made under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) (in this
section referred to as the `medicare program'), under a State plan
for medical assistance approved under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) (in this section referred to
as the `medicaid program'), or from any other third party payor.
``(2) Application of 100 percent fmap.--The third sentence of
section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b))
shall apply for purposes of reimbursement under the medicaid
program for health care services directly billed under the program
established under this section.
``(b) Direct Reimbursement.--
``(1) Use of funds.--Each hospital or clinic participating in
the program described in subsection (a) of this section shall be
reimbursed directly under the medicare and medicaid programs for
services furnished, without regard to the provisions of section
1880(c) of the Social Security Act (42 U.S.C. 1395qq(c)) and
sections 402(a) and 813(b)(2)(A), but all funds so reimbursed shall
first be used by the hospital or clinic for the purpose of making
any improvements in the hospital or clinic that may be necessary to
achieve or maintain compliance with the conditions and requirements
applicable generally to facilities of such type under the medicare
or medicaid programs. Any funds so reimbursed which are in excess
of the amount necessary to achieve or maintain such conditions
shall be used--
``(A) solely for improving the health resources deficiency
level of the Indian tribe; and
``(B) in accordance with the regulations of the Service
applicable to funds provided by the Service under any contract
entered into under the Indian Self-Determination Act (25 U.S.C.
450f et seq.).
``(2) Audits.--The amounts paid to the hospitals and clinics
participating in the program established under this section shall
be subject to all auditing requirements applicable to programs
administered directly by the Service and to facilities
participating in the medicare and medicaid programs.
``(3) Secretarial oversight.--The Secretary shall monitor the
performance of hospitals and clinics participating in the program
established under this section, and shall require such hospitals
and clinics to submit reports on the program to the Secretary on an
annual basis.
``(4) No payments from special funds.--Notwithstanding section
1880(c) of the Social Security Act (42 U.S.C. 1395qq(c)) or section
402(a), no payment may be made out of the special funds described
in such sections for the benefit of any hospital or clinic during
the period that the hospital or clinic participates in the program
established under this section.
``(c) Requirements for Participation.--
``(1) Application.--Except as provided in paragraph (2)(B), in
order to be eligible for participation in the program established
under this section, an Indian tribe, tribal organization, or Alaska
Native health organization shall submit an application to the
Secretary that establishes to the satisfaction of the Secretary
that--
``(A) the Indian tribe, tribal organization, or Alaska
Native health organization contracts or compacts for the
operation of a facility of the Service;
``(B) the facility is eligible to participate in the
medicare or medicaid programs under section 1880 or 1911 of the
Social Security Act (42 U.S.C. 1395qq; 1396j);
``(C) the facility meets the requirements that apply to
programs operated directly by the Service; and
``(D) the facility--
``(i) is accredited by an accrediting body as eligible
for reimbursement under the medicare or medicaid programs;
or
``(ii) has submitted a plan, which has been approved by
the Secretary, for achieving such accreditation.
``(2) Approval.--
``(A) In general.--The Secretary shall review and approve a
qualified application not later than 90 days after the date the
application is submitted to the Secretary unless the Secretary
determines that any of the criteria set forth in paragraph (1)
are not met.
``(B) Grandfather of demonstration program participants.--
Any participant in the demonstration program authorized under
this section as in effect on the day before the date of
enactment of the Alaska Native and American Indian Direct
Reimbursement Act of 1999 shall be deemed approved for
participation in the program established under this section and
shall not be required to submit an application in order to
participate in the program.
``(C) Duration.--An approval by the Secretary of a
qualified application under subparagraph (A), or a deemed
approval of a demonstration program under subparagraph (B),
shall continue in effect as long as the approved applicant or
the deemed approved demonstration program meets the
requirements of this section.
``(d) Examination and Implementation of Changes.--
``(1) In general.--The Secretary, acting through the Service,
and with the assistance of the Administrator of the Health Care
Financing Administration, shall examine on an ongoing basis and
implement--
``(A) any administrative changes that may be necessary to
facilitate direct billing and reimbursement under the program
established under this section, including any agreements with
States that may be necessary to provide for direct billing
under the medicaid program; and
``(B) any changes that may be necessary to enable
participants in the program established under this section to
provide to the Service medical records information on patients
served under the program that is consistent with the medical
records information system of the Service.
``(2) Accounting information.--The accounting information that
a participant in the program established under this section shall
be required to report shall be the same as the information required
to be reported by participants in the demonstration program
authorized under this section as in effect on the day before the
date of enactment of the Alaska Native and American Indian Direct
Reimbursement Act of 1999. The Secretary may from time to time,
after consultation with the program participants, change the
accounting information submission requirements.
``(e) Withdrawal From Program.--A participant in the program
established under this section may withdraw from participation in the
same manner and under the same conditions that a tribe or tribal
organization may retrocede a contracted program to the Secretary under
authority of the Indian Self-Determination Act (25 U.S.C. 450 et seq.).
All cost accounting and billing authority under the program established
under this section shall be returned to the Secretary upon the
Secretary's acceptance of the withdrawal of participation in this
program.''.
(b) Conforming Amendments.--(1) Section 1880 of the Social Security
Act (42 U.S.C. 1395qq) is amended by adding at the end the following:
``(e) For provisions relating to the authority of certain Indian
tribes, tribal organizations, and Alaska Native health organizations to
elect to directly bill for, and receive payment for, health care
services provided by a hospital or clinic of such tribes or
organizations and for which payment may be made under this title, see
section 405 of the Indian Health Care Improvement Act (25 U.S.C.
1645).''.
(2) Section 1911 of the Social Security Act (42 U.S.C. 1396j) is
amended by adding at the end the following:
``(d) For provisions relating to the authority of certain Indian
tribes, tribal organizations, and Alaska Native health organizations to
elect to directly bill for, and receive payment for, health care
services provided by a hospital or clinic of such tribes or
organizations and for which payment may be made under this title, see
section 405 of the Indian Health Care Improvement Act (25 U.S.C.
1645).''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2000.
SEC. 4. TECHNICAL AMENDMENT.
(a) In General.--Effective November 9, 1998, section 405 of the
Indian Health Care Improvement Act (25 U.S.C. 1645(e)) is reenacted as
in effect on that date.
(b) Reports.--Effective November 10, 1998, section 405 of the
Indian Health Care Improvement Act is amended by striking subsection
(e).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires participating hospitals and clinics to submit annual reports on the program to the Secretary of Health and Human Services.
Provides for: (1) application to the Secretary by an Indian tribe, tribal organization, or Alaska Native health organization for participation of a Service facility in the program (the demonstration program was limited to four facilities); (2) the ongoing examination and implementation of necessary administrative changes to facilitate direct billing and reimbursement under the program; and (3) withdrawal from participation in the program. | {"src": "billsum_train", "title": "Alaska Native and American Indian Direct Reimbursement Act of 2000"} | 2,581 | 97 | 0.581457 | 1.622448 | 1.002103 | 3.77551 | 23.94898 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Advanced Streamlined
Electronic Services for Constituents Act of 2018'' or the ``CASES
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) congressional offices provide crucial services to
constituents by acting as a liaison between the constituents
and the respective agencies;
(2) this includes assisting constituents by making
inquiries and working toward resolutions on behalf of the
constituent with the respective agencies; and
(3) this process should be simplified through the creation
of electronic forms that may be submitted under section 552a of
title 5, United States Code (commonly referred to as the
Privacy Act), thus modernizing the process for constituents and
improving access and efficiency of Government services and
agencies in order to expedite the resolution of the problem for
which constituents sought help.
SEC. 3. OMB GUIDANCE ON ELECTRONIC CONSENT FORMS.
(a) Guidance.--Not later than 1 year after the date of the
enactment of this Act, the Director shall issue guidance that does the
following:
(1) Establishes--
(A) standards for each agency to develop an
electronic identity proofing and authentication process
for allowing an individual to provide a prior written
electronic consent form for the disclosure of the
individual's record under section 552a(b) of title 5,
United States Code, or for individual access to a
record under section 552a(d) of such title; or
(B) a method by which each agency can
electronically identity proof and authenticate an
individual submitting an electronic consent form
through a central online portal.
(2) Creates a template for an electronic consent form that
can be properly identity proofed and authenticated in
accordance with paragraph (1).
(3) Requires each agency to accept the electronic consent
form described in paragraph (2) that provides consent from any
individual properly identity proofed and authenticated in
accordance with paragraph (1) from the individual providing
consent or an entity other than the individual, including a
congressional office, on behalf of the individual for the
purpose of authorizing the disclosure of the individual's
record in accordance with section 552a(b) or 552a(d) of title
5, United States Code.
(4) Authorizes each agency to provide an online link to the
consolidated online portal described under subsection (b)(1).
(b) Portal; Consent Identifier; Congressional Function.--
(1) Consolidated online portal.--
(A) Operation of portal.--The Director (or a
designee) shall operate (or designate the head of an
agency to operate) a consolidated online portal that
allows a member of the public to submit an electronic
consent form in accordance with the guidance issued
pursuant to subsection (a) to any agency from a single
website.
(B) Privacy and other features.--The portal shall
include features to protect the privacy of individuals
using the portal and may include any additional
functions the Director finds will improve the
implementation of this section.
(C) Use of existing website or portal.--The
Director may use any existing website or portal to
satisfy the requirements of this subsection, including
the portal established under section 552(m) of title 5,
United States Code.
(2) Consent identifier.--The Director, or a designee, shall
assign each consent form submitted through the portal described
in paragraph (1) a consent identifier, which shall be provided
to the agency and the individual or entity submitting the
consent form. The agency shall track the consent form with the
consent identifier.
(3) Congressional assistance function.--
(A) In general.--The Director, or a designee, shall
ensure the operation of a function that allows a
congressional office to provide a publicly available
online link to the portal described in paragraph (1),
which shall auto-populate information about such
congressional office, including an indication of
consent for such office to access a record in
accordance with section 552a(b) of title 5, United
States Code, in the consent form accessed through the
portal.
(B) Notification of consent identifier required.--
The Director, or a designee, shall ensure the function
sends the consent identifier to the congressional
office when a consent form is submitted to an agency
through the portal as accessed through the function.
(c) Agency Compliance.--Each agency shall comply with the guidance
issued pursuant to subsection (a) not later than 1 year after the date
on which such guidance is issued.
(d) Definitions.--In this section:
(1) Agency; individual; record.--The terms ``agency'',
``individual'', and ``record'' have the meanings given those
terms in section 552a(a) of title 5, United States Code.
(2) Consent identifier.--The term ``consent identifier''
means a nonproprietary, unique identification number.
(3) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized.
Passed the House of Representatives July 16, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Creating Advanced Streamlined Electronic Services (CASES) for Constituents Act of 2017 This bill amends the Privacy Act of 1974 to require each executive agency to establish a system that allows an individual, or an entity authorized to act on such individual's behalf, to electronically submit a release form that grants another entity access to information in such system pertaining to the individual. The Office of Management and Budget shall establish a uniform release form to be used across agencies for such electronic submission. | {"src": "billsum_train", "title": "Creating Advanced Streamlined Electronic Services (CASES) for Constituents Act of 2017"} | 1,180 | 104 | 0.598768 | 1.627319 | 0.708406 | 1.615385 | 11.78022 | 0.78022 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Recovery Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) while public officials have the responsibility and
expertise to direct and control the Federal, State and local
response to any disaster, those officials lack the manpower and
equipment necessary to take all of the many steps necessary to
implement such a response;
(2) in the wake of a disaster, public officials have to
depend on private contractors for logistical and other support;
(3) historically, private contractors have answered the
call, providing valuable service to the public in times of
disaster;
(4) those contractors answered the call on September 11,
2001, and in the following weeks and months, working hand-in-
hand with Federal, State, and local officials to rescue the
survivors of the terrorist attacks on that historic date, to
recover the bodies of those who died, to remove mountains of
debris, to reconstruct the Pentagon, and ultimately, to restore
some sense of normalcy to New York City and Arlington,
Virginia;
(5) the expertise and equipment that private contractors
contributed to the Federal, State, and local response to the
terrorist attacks on September 11, 2001, greatly enhanced that
response, increasing not only the efficiency but also the
effectiveness of that response;
(6) the support that private contractors provide to
Federal, State, and local officials in times of disaster--
(A) make it safer for police, firefighters, and
other rescue workers to search for, rescue, and recover
both persons and property dislocated by the disaster;
and
(B) enable those officials to quickly address
dangerous conditions that threaten life and property,
to restore basic public services, and to protect public
safety and health;
(7) it is in the national interest to have private
contractors assist public officials in times of disaster;
(8) by providing support to the Federal, State or local
response to a disaster, private contractors risk future
litigation and liability even if those contractors are in full
compliance with all Federal, State, and local laws (including
regulations) that apply to their work;
(9) class action lawsuits have been brought against the
private contractors that supervised the heroic response to the
terrorist attacks on the World Trade Center in New York City on
September 11, 2001;
(10) well-founded fears of future litigation and liability
under existing law discourage contractors from assisting in
times of disaster;
(11) whether private contractors remain willing to offer
their expertise and equipment to public officials in times of
disaster substantially affects, burdens, and deters interstate
commerce and travel;
(12) clarifying the liability that private contractors must
ultimately risk simply to support a Federal, State, or local
response to a disaster will help--
(A) to ensure that those contractors continue to
answer the governmental requests for assistance in
times of great need; and
(B) to limit the legal expenses that regrettably
but inevitably inflate the cost of the recovery from a
disaster; and
(13) temporarily insulating private contractors from any
liability that private parties may seek to impose on the
contractors under certain Federal laws would increase the power
and authority of the Federal agencies that bear the primary
responsibility for the administration of those laws to
effectively direct and control the response to a disaster.
SEC. 3. DEFINITIONS.
In this Act:
(1) Disaster zone.--The term ``disaster zone'' means--
(A) the region of the United States in which major
disasters relating to Hurricane Katrina were declared
by the President on August 29, 2005, in accordance with
section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170); and
(B) any other region of the United States in which
a major disaster is so declared after that date, if the
disaster requires the provision of Federal assistance
in an amount that exceeds $15,000,000,000, as
determined by the President.
(2) Government contract.--The term ``government contract''
means--
(A) a contract between--
(i) a person, proprietorship, partnership,
limited liability company, or corporation in
the regular business of providing materials,
labor, equipment, or services for construction-
related activities (including construction,
demolition, repair, clean-up, alteration,
remediation, and related engineering); and
(ii) any agency or instrumentality of the
Federal Government or any State or local
government; and
(B) a subcontract at any tier of a contract
described in subparagraph (A).
SEC. 4. LIMITATION ON LIABILITY OF FEDERAL CONTRACTORS UNDER CERTAIN
FEDERAL LAWS.
(a) In General.--Notwithstanding any other provision of law, a
person or entity awarded a government contract to perform rescue,
recovery, repair, or reconstruction work in any portion of a disaster
zone shall not, as a result of the performance of that work, be subject
to liability that any private party may seek to impose under any
provision of Federal law (including any regulation) that--
(1) is administered by the Secretary of the Army, the
Administrator of the Environmental Protection Agency, or the
Secretary of Transportation; and
(2) otherwise permits the filing of a lawsuit by a private
individual.
(b) Effect on Litigation Management.--Nothing in this section
limits or otherwise affects the application of section 5 of this Act.
(c) Effect on Existing Law.--Nothing in this Act limits or
otherwise affects the application, to a person or entity described in
subsection (a), of--
(1) title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.);
(2) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.); or
(3) a comparable State fair employment practice law.
SEC. 5. LITIGATION MANAGEMENT.
(a) Federal Cause of Action.--
(1) In general.--There shall exist a Federal cause of
action for claims arising out of, relating to, or resulting
from the performance of a government contract, whether oral or
written, in a disaster zone for--
(A) the search, rescue, or recovery of individuals
or property dislocated by the disaster;
(B) the demolition, removal, repair, or
reconstruction of structures or utilities damaged by
the disaster;
(C) the clean-up or remediation of property
polluted by the disaster;
(D) the removal of debris deposited by the disaster
(including dredging); or
(E) the dewatering of property flooded by the
disaster.
(2) Substantive law.--The substantive law for decision in
any action described in paragraph (1) shall be derived from the
law, including choice of law principles, of the State in which
the government contract was performed.
(3) Claims.--A Federal cause of action shall be brought
under this subsection only for claims for injuries or damages
proximately caused by a person or entity awarded a government
contract.
(4) Jurisdiction.--The appropriate United States district
court shall have original and exclusive jurisdiction over all
actions for any claim for loss of property, personal injury, or
death arising out of, relating to, or resulting from the
performance of a government contract, whether oral or written,
for an activity described in any of subparagraphs (A) through
(E) of paragraph (1).
(b) Special Rules.--
(1) In general.--The requirements described in paragraphs
(2) through (4) shall apply to an action brought under this
section.
(2) Punitive damages.--No punitive damages intended to
punish or deter, exemplary damages, or other damages not
intended to compensate a plaintiff for actual losses may be
awarded in such an action.
(3) Interest prior to judgment.--No party to such an action
shall be held liable for interest prior to judgment.
(4) Noneconomic damages.--
(A) Definition of noneconomic damages.--In this
paragraph, the term ``noneconomic damages'' means
damages for losses for physical and emotional pain,
suffering, inconvenience, physical impairment, mental
anguish, disfigurement, loss of enjoyment of life, loss
of society and companionship, loss of consortium,
hedonic damages, injury to reputation, and any other
nonpecuniary losses.
(B) Award of noneconomic damages.--
(i) In general.--Noneconomic damages may be
awarded against a defendant only in an amount
directly proportional to the percentage of
responsibility of the defendant for the harm to
the plaintiff.
(ii) No physical harm.--No plaintiff may
recover noneconomic damages unless the
plaintiff suffered physical harm.
(c) Collateral Sources.--Any recovery by a plaintiff in an action
under this section shall be reduced by the amount of collateral source
compensation, if any, that the plaintiff has received or is entitled to
receive as a result of the same loss of property, personal injury, or
death for which the plaintiff seeks compensation from the defendant.
(d) Government Contractor Defense.--
(1) Applicability.--Should a lawsuit be filed for claims
arising out of, relating to, or resulting from the performance
of a contract that meets the criteria described in paragraph
(2), there shall be a rebuttable presumption that--
(A) all elements of the government contractor
defense are satisfied; and
(B) the government contractor defense applies in
the lawsuit.
(2) Criteria.--The criteria referred to in paragraph (1)
are that--
(A) the contract is a government contract that the
Chief of Engineers has certified as being necessary for
the recovery of a disaster zone from a disaster, as
provided in paragraphs (4) and (5); or
(B) the contract--
(i) is a subcontract of a contract
described in subparagraph (A); and
(ii) is for an amount that was not
reasonably expected, as of the time at which
the subcontract was executed, to exceed
$10,000,000.
(3) Overcoming of presumption.--The presumption described
in paragraph (1) shall be overcome only by evidence showing
that a person or entity awarded a government contract acted
fraudulently or with willful misconduct in submitting
information to the Chief of Engineers in conjunction with the
consideration by the Chief of Engineers of the government
contract.
(4) Exclusive responsibility.--
(A) In general.--The Chief of Engineers shall be
exclusively responsible for the review of any
government contract that any person or entity,
including any governmental entity, claims to be
necessary for the recovery of a disaster zone from a
disaster for the purpose of establishing a government
contractor defense in any lawsuit for claims arising
out of, relating to, or resulting from the performance
of the government contract.
(B) Review of scope.--Upon the submission of a
request for a certification that a government contract
was or will be necessary for the recovery of a disaster
zone from a disaster, the Chief of Engineers shall, not
later than 30 days after the date of receipt of the
request, whether made before or after the award of a
government contract--
(i) review the scope of work that the
government contract does or will require; and
(ii) determine whether the majority of the
work is for 1 or more of the activities
described in subparagraphs (A) through (E) of
subsection (a)(1).
(C) Certification.--If the Chief of Engineers
determines that at least a majority of the work that
the government contract does or will require is for 1
or more of those activities, the Chief of Engineers
shall promptly certify that the government contract is
necessary for the recovery of the disaster zone from a
disaster.
(5) Issuance of certificate.--For each government contract
reviewed and certified by the Chief of Engineers under
paragraph (4), the Chief of Engineers shall promptly issue a
certificate of need for recovery of the applicable disaster
zone from a disaster to the person or entity that submitted the
request for the certification.
(6) Records.--The Chief of Engineers shall maintain records
of certifications made, and certificates issued, under this
subsection.
(e) Effect on Claims and Law.--
(1) Claims for loss; enforcement actions.--Nothing in this
section applies to--
(A) any claim for loss under any workers
compensation law; or
(B) any enforcement action that any governmental
entity may bring against any person or entity allegedly
for violating any Federal or State law (including a
regulation).
(2) Government contractor defense.--Nothing in this section
limits or restricts the government contractor defense as that
defense exists at common law.
(3) Recklessness or willful misconduct.--Nothing in
subsection (b), (c), or (d) affects the liability of any person
or entity for recklessness or willful misconduct. | Gulf Coast Recovery Act - Prohibits any person or entity awarded a government contract to perform rescue, recovery, repair, or reconstruction work in any part of a disaster zone, as a result of the performance of that work, from being subject to liability that any private party may seek to impose under any provision of federal law (including any regulation) that: (1) is administered by the Secretary of the Army, the Administrator of the Environmental Protection Agency (EPA), or the Secretary of Transportation; and (2) otherwise permits the filing of a lawsuit by a private individual.
Sets forth provisions with respect to a federal cause of action for claims arising out of, relating to, or resulting from the performance of a government contract in a disaster zone for: (1) the search, rescue, or recovery of individuals or property dislocated by the disaster; (2) the demolition, removal, repair, or reconstruction of structures or utilities damaged by the disaster; (3) the clean-up or remediation of property polluted by the disaster; (4) the removal of debris deposited by the disaster (including dredging); or (5) the dewatering of property flooded by the disaster. Makes the Chief of Engineers of the Department of the Army exclusively responsible for the review of any government contract that any person or entity claims to be necessary for the recovery of a disaster zone from a disaster for the purpose of establishing a government contractor defense in any lawsuit for claims relating to the performance of a government contract. | {"src": "billsum_train", "title": "A bill to clarify the liability of government contractors assisting in rescue, recovery, repair, and reconstruction work in the Gulf Coast region of the United States affected by Hurricane Katrina or other major disasters."} | 2,764 | 320 | 0.47347 | 1.563166 | 0.662739 | 7.043771 | 8.912458 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transitional Medical Assistance
Improvement Act of 2001''.
SEC. 2. REVISION AND SIMPLIFICATION OF THE TRANSITIONAL MEDICAL
ASSISTANCE PROGRAM (TMA).
(a) Option of Continuous Eligibility for 12 Months; Option of
Continuing Coverage for Up to an Additional Year.--
(1) Option of continuous eligibility for 12 months by
making reporting requirements optional.--Section 1925(b) of the
Social Security Act (42 U.S.C. 1396r-6(b)) is amended--
(A) in paragraph (1), by inserting ``, at the
option of a State,'' after ``and which'';
(B) in paragraph (2)(A), by inserting ``Subject to
subparagraph (C)--'' after ``(A) Notices.--'';
(C) in paragraph (2)(B), by inserting ``Subject to
subparagraph (C)--'' after ``(B) Reporting
requirements.--'';
(D) by adding at the end the following new
subparagraph:
``(C) State option to waive notice and reporting
requirements.--A State may waive some or all of the
reporting requirements under clauses (i) and (ii) of
subparagraph (B). Insofar as it waives such a reporting
requirement, the State need not provide for a notice
under subparagraph (A) relating to such requirement.'';
and
(E) in paragraph (3)(A)(iii), by inserting ``the
State has not waived under paragraph (2)(C) the
reporting requirement with respect to such month under
paragraph (2)(B) and if'' after ``6-month period if''.
(2) State option to extend eligibility for low-income
individuals for up to 12 additional months.--Section 1925 of
such Act (42 U.S.C. 1396r-6) is further amended--
(A) by redesignating subsections (c) through (f) as
subsections (d) through (g); and
(B) by inserting after subsection (b) the following
new subsection:
``(c) State Option of Up to 12 Months of Additional Eligibility.--
``(1) In general.--Notwithstanding any other provision of
this title, each State plan approved under this title may
provide, at the option of the State, that the State shall offer
to each family which received assistance during the entire 6-
month period under subsection (b) and which meets the
applicable requirement of paragraph (2), in the last month of
the period the option of extending coverage under this
subsection for the succeeding period not to exceed 12 months.
``(2) Income restriction.--The option under paragraph (1)
shall not be made available to a family for a succeeding period
unless the State determines that the family's average gross
monthly earnings (less such costs for such child care as is
necessary for the employment of the caretaker relative) as of
the end of the 6-month period under subsection (b) does not
exceed 185 percent of the official poverty line (as defined by
the Office of Management and Budget, and revised annually in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981) applicable to a family of the size
involved.
``(3) Application of extension rules.--The provisions of
paragraphs (2), (3), (4), and (5) of subsection (b) shall apply
to the extension provided under this subsection in the same
manner as they apply to the extension provided under subsection
(b)(1), except that for purposes of this subsection--
``(A) any reference to a 6-month period under
subsection (b)(1) is deemed a reference to the
extension period provided under paragraph (1) and any
deadlines for any notices or reporting and the premium
payment periods shall be modified to correspond to the
appropriate calendar quarters of coverage provided
under this subsection; and
``(B) any reference to a provision of subsection
(a) or (b) is deemed a reference to the corresponding
provision of subsection (b) or of this subsection,
respectively.''.
(b) State Option To Waive Receipt of Medicaid for 3 of Previous 6
Months To Qualify for TMA.--Section 1925(a)(1) of such Act (42 U.S.C.
1396r-6(a)(1)) is amended by adding at the end the following: ``A State
may, at its option, also apply the previous sentence in the case of a
family that was receiving such aid for fewer than 3 months, or that had
applied for and was eligible for such aid for fewer than 3 months,
during the 6 immediately preceding months described in such
sentence.''.
(c) Elimination of Sunset for TMA.--
(1) Subsection (g) of section 1925 of such Act (42 U.S.C.
1396r-6), as redesignated under subsection (a)(2), is repealed.
(2) Section 1902(e)(1) of such Act (42 U.S.C. 1396a(e)(1))
is amended by striking ``(A) Nothwithstanding'' and all that
follows through ``During such period, for'' in subparagraph (B)
and inserting ``For''.
(d) CMS Report on Enrollment and Participation Rates Under TMA.--
Section 1925 of such Act, as amended by subsections (a)(2) and (c), is
amended by adding at the end the following new subsection:
``(g) Additional Provisions.--
``(1) Collection and reporting of participation
information.--Each State shall--
``(A) collect and submit to the Secretary, in a
format specified by the Secretary, information on
average monthly enrollment and average monthly
participation rates for adults and children under this
section; and
``(B) make such information publicly available.
Such information shall be submitted under subparagraph (A) at
the same time and frequency in which other enrollment
information under this title is submitted to the Secretary.
Using such information, the Secretary shall submit to Congress
annual reports concerning such rates.''.
(e) Coordination of Work.--Section 1925(g) of such Act, as added by
subsection (d), is amended by adding at the end the following new
paragraph:
``(2) Coordination with administration for children and
families.--The Administrator of the Centers for Medicare &
Medicaid Services, in carrying out this section, shall work
with the Assistant Secretary for the Administration for
Children and Families to develop guidance or other technical
assistance for States regarding best practices in guaranteeing
access to transitional medical assistance under this
section.''.
(f) Elimination of TMA Requirement for States That Extend Coverage
to Children and Parents Through 185 Percent of Poverty.--
(1) In general.--Section 1925 of such Act is further
amended by adding at the end the following new subsection:
``(h) Provisions Optional for States That Extend Coverage to
Children and Parents Through 185 Percent of Poverty.--A State may (but
is not required to) meet the requirements of subsections (a) and (b) if
it provides for medical assistance under this title (whether under
section 1931, through a waiver under section 1115, or otherwise) to
families (including both children and caretaker relatives) the average
gross monthly earning of which (less such costs for such child care as
is necessary for the employment of a caretaker relative) is at or below
a level that is at least 185 percent of the official poverty line (as
defined by the Office of Management and Budget, and revised annually in
accordance with section 673(2) of the Omnibus Budget Reconciliation Act
of 1981) applicable to a family of the size involved.''.
(2) Conforming amendments.--Such section is further
amended, in subsections (a)(1) and (b)(1), by inserting ``, but
subject to subsection (h),'' after ``Notwithstanding any other
provision of this title,'' each place it appears.
(g) Requirement of Notice for All Families Losing TANF.--Subsection
(a)(2) of such section is amended by adding after and below
subparagraph (B), the following:
``Each State shall provide, to families whose aid under part A
or E of title IV has terminated but whose eligibility for
medical assistance under this title continues, written notice
of their ongoing eligibility for such medical assistance. If a
State makes a determination that any member of a family whose
aid under part A or E of title IV is being terminated is also
no longer eligible for medical assistance under this title, the
notice of such determination shall be supplemented by a one-
page notification form describing the different ways in which
individuals and families may qualify for such medical
assistance and explaining that individuals and families do not
have to be receiving aid under part A or E of title IV in order
to qualify for such medical assistance.''.
(h) Extending Use of Outstationed Workers To Accept Applications
for Transitional Medical Assistance.--Section 1902(a)(55) of such Act
(42 U.S.C. 1396a(a)(55)) is amended by inserting ``and under section
1931'' after ``(a)(10)(A)(ii)(IX)''.
(i) Effective Dates.--(1) Except as provided in this subsection,
the amendments made by this section shall apply to calendar quarters
beginning on or after October 1, 2001, without regard to whether or not
final regulations to carry out such amendments have been promulgated by
such date.
(2) The amendment made by subsection (g) shall take effect 6 months
after the date of the enactment of this Act.
(3) In the case of a State plan for medical assistance under title
XIX of the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the additional
requirements imposed by the amendments made by this section, the State
plan shall not be regarded as failing to comply with the requirements
of such title solely on the basis of its failure to meet these
additional requirements before the first day of the first calendar
quarter beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session shall be
deemed to be a separate regular session of the State legislature. | Transitional Medical Assistance Improvement Act of 2001 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to revise the program commonly referred to as the transitional medical assistance (TMA) program. Authorizes States to: (1) extend the eligibility for TMA of low-income individuals for up to 12 additional months; and (2) allow another six months of eligibility, in certain circumstances, in the case of family eligible for or receiving Medicaid for less than three of the previous six months. Repeals the sunset date for TMA (thus making the program permanent). | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to revise and simplify the transitional medical assistance (TMA) program."} | 2,369 | 128 | 0.526352 | 1.306693 | 0.674983 | 2.107143 | 18.848214 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canyon Ferry National Recreation
Area Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the Canyon Ferry Unit Dam--
(A) was authorized by the Flood Control Act of 1944
(58 Stat. 891, chapter 665); and
(B) is operated by the Bureau of Reclamation;
(2) the Canyon Ferry Reservoir--
(A) covers approximately 33,500 acres;
(B) has 96 miles of shoreline;
(C) encompasses 9,360 acres of developed and
undeveloped recreation land;
(D) is located approximately 17 miles east of
Helena, Montana; and
(E) has become an important regional recreation
destination;
(3) the growing recreational use at the Canyon Ferry
Reservoir generates revenue that is important to local
economies; and
(4) multiple jurisdictions currently manage that important
public land.
(b) Purposes.--The purposes of this Act are--
(1) to provide high quality recreational facilities and
services on the land surrounding the Canyon Ferry Reservoir;
(2) to conserve the scenic, scientific, historic, and other
resource values contributing to the public use and enjoyment of
that land and water;
(3) to promote cooperation between the Federal Government
and private entities to manage that exceptional resource;
(4) to authorize the Secretary to manage certain resources;
and
(5) to transfer to the Secretary, without consideration,
administrative jurisdiction over certain Federal land for
management as a unit of the National Forest System.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cooperator.--The term ``cooperator'' means any--
(A) Federal agency;
(B) State, local, or tribal government;
(C) public or private agency;
(D) nonprofit organization;
(E) institution (including any educational
institution);
(F) small or local business;
(G) corporation;
(H) individual; and
(I) other legal entity located within the United
States.
(2) Dam.--The term ``Dam'' means--
(A) the Canyon Ferry Unit Dam; and
(B) any facility relating to the Canyon Ferry Unit
Dam.
(3) Fund.--The term ``Fund'' means the Canyon Ferry
Management Fund established by section 9(a).
(4) National forest system land.--The term ``National
Forest System land'' means land included in the National Forest
System (as defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
(5) Recreation area.--The term ``Recreation Area'' means
the Canyon Ferry National Recreational Area designated by
section 4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) State.--The term ``State'' means the State of Montana.
SEC. 4. ESTABLISHMENT.
(a) In General.--Certain Federal land managed by the Forest
Service, as generally depicted on the map entitled ``Canyon Ferry
National Recreation Area'', dated June 2006, is designated as the
``Canyon Ferry National Recreation Area''.
(b) Public Availability.--The map described in subsection (a) shall
be filed and made available for public inspection--
(1) in the Office of the Forest Supervisor of the Helena
National Forest; and
(2) on the Internet.
SEC. 5. MANAGEMENT.
(a) In General.--Subject to the authority of the Secretary of the
Interior under section 6, the Secretary shall manage the Recreation
Area to establish and provide for--
(1) public recreational opportunities in the Recreation
Area (including hunting and fishing);
(2) scenic, scientific, historic, and other resource values
contributing to the public use and enjoyment of the Recreation
Area; and
(3) other uses in the Recreation Area.
(b) Applicable Law.--Subject to valid existing rights, the
Secretary shall administer the Recreation Area in accordance with laws
(including regulations) applicable to units of the National Forest
System.
(c) Waters.--
(1) Effect.--Nothing in this Act affects the jurisdiction
of the Commissioner of Reclamation to manage and regulate water
levels that are--
(A) located on the Missouri River; and
(B) subject to flowage easements.
(2) Limitation of management authority.--The Secretary
shall manage all Forest System land in the Recreation Area, as
depicted on the map described in section 4(a).
(d) Campgrounds and Airports.--
(1) Authority of secretary.--In accordance with section
1005 of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-
715), the Secretary of the Interior shall manage--
(A) Indian Road Campground;
(B) Cottonwood Campground; and
(C) the Canyon Ferry Airport.
(2) Existing agreements.--To benefit the interests of the
public, the Secretary shall act in accordance with any
agreement in existence on the date of enactment of this Act
with any organization for the management of--
(A) campgrounds located in the Recreation Area; and
(B) marinas located in the Recreation Area.
(e) Land Acquisition.--The Secretary may acquire land and interests
in land by purchase, exchange, donation, or otherwise, with donated or
appropriated funds.
(f) Boundaries.--For purposes of section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundary of the
Recreation Area shall be considered to be a National Forest boundary
that existed as of January 1, 1965.
(g) Comprehensive Management Plan.--
(1) Applicable law.--The Secretary shall develop a
management plan for the Recreation Area under paragraph (1) in
accordance with the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.).
(2) Development of plan.--The Secretary may develop a
management plan under paragraph (1)--
(A) as a separate document; or
(B) in conjunction with the next regular update of
the management plan for the Helena National Forest.
(3) Applicability.--Nothing in this Act requires an
immediate revision or amendment to any plan for any unit of the
National Forest System.
(4) Use of planning documents.--Until the date on which the
Secretary develops a management plan under paragraph (1), the
Secretary may use planning documents prepared by the Department
of the Interior without further administrative action.
(h) Withdrawal.--Subject to valid existing rights, all Federal land
located within the Recreation Area is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing.
SEC. 6. AUTHORITY OF SECRETARY OF THE INTERIOR.
(a) Hydropower Facilities.--The Commissioner of Reclamation shall
continue to administer and operate--
(1) the Dam;
(2) any power facility relating to the Dam; and
(3) any land or facility depicted on the map described in
section 4(a).
(b) Residential Areas.--Nothing in this Act affects the authority
of the Secretary of Interior to carry out title X of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277; 112 Stat. 2681-710) as depicted on the map
described in section 4(a).
SEC. 7. EXISTING AUTHORIZATIONS.
(a) In General.--Except as provided in subsections (b) and (c),
nothing in this Act affects any authorization in effect as of the date
of enactment of this Act made by any department or agency of the
Federal Government for the use of land or water located within the
Recreation Area (referred to in this section as an ``existing
authorization'').
(b) Assumption of Existing Authorization.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall--
(1) assume the administration of any existing
authorization; and
(2) manage the existing authorization in accordance with
the terms of that existing authorization.
(c) Renewal of Existing Authorization.--The renewal of any existing
authorization shall be made in accordance with such terms and
conditions as the Secretary may prescribe.
SEC. 8. COOPERATIVE AGREEMENTS.
(a) In General.--Notwithstanding chapter 63 of title 31, United
States Code, the Secretary may enter into cooperative agreements
(including agreements providing for the sharing of costs of activities
or services otherwise authorized by law) with 1 or more cooperators
for--
(1) the construction, maintenance, improvement, or
operation of any facility not under the jurisdiction of the
Administrator of General Services that is located on or in the
vicinity of--
(A) land managed by the Forest Service;
(B) land administered by any other public entity;
or
(C) private land;
(2) the development, production, publishing, distribution,
or sale of educational and interpretive materials and products;
(3) the sale, on or in the vicinity of land managed by the
Forest Service, of--
(A) health and safety convenience products;
(B) photography supplies; or
(C) other related items (as determined by the
Secretary);
(4) the collection, on behalf of the cooperators that are
parties to the cooperative agreement, of funds from the sale
of--
(A) materials;
(B) products; and
(C) services;
(5) the restoration and maintenance of the ecological
integrity of National Forest System land; and
(6) the operation and maintenance of any recreation
facility located on National Forest System land.
(b) Terms and Conditions.--
(1) In general.--Subject to paragraph (2), a cooperative
agreement entered into under subsection (a)--
(A) shall, at a minimum, require terms and
conditions that protect public investments, including
terms and conditions that--
(i) relate to the ownership and operation
of any facility or improvement covered by the
cooperative agreement; and
(ii) are mutually agreed to by the
Secretary and the cooperators that are parties
to the cooperative agreement; and
(B) may provide terms and conditions that describe
the manner by which costs shall be shared between the
Secretary and the cooperators that are parties to the
cooperative agreement, including--
(i) the acceptance of any in-kind
contribution; and
(ii) the contribution of any volunteer
service.
(2) Exception.--The Secretary shall not enter into a
cooperative agreement under subsection (a) if the purposes
described in subsection (a) may be satisfied by--
(A) entering into a procurement contract or
providing a grant under chapter 63 of title 31, United
States Code; or
(B) providing a special use authorization.
(c) Treatment of Contribution of Volunteers.--The value of services
performed by persons who volunteer services to the Forest Service and
who are recruited, trained, and supported by a cooperator that is a
party to a cooperative agreement under subsection (a) may be considered
to be an in-kind contribution of the cooperator for the purposes of
cost sharing under subsection (a).
(d) Funds Collected by Cooperators.--
(1) In general.--Funds collected under an agreement under
subsection (a) from the sale of materials, products, or
programs on behalf of a cooperator shall not be considered to
be the property of the United States.
(2) Forwarding of funds.--The Secretary shall forward to
the appropriate cooperator any funds described in paragraph
(1).
(e) Advancement or Reimbursement of Funds.--
(1) In general.--Subject to paragraph (2), and in
accordance with a cooperative agreement entered into under
subsection (a), the Secretary may--
(A) advance or reimburse funds to an appropriate
cooperator from any appropriation of the Forest Service
that is available for similar work; and
(B) furnish to the cooperator any supplies,
facilities, or equipment.
(2) Conditions for advancement.--The Secretary may advance
funds to a cooperator under paragraph (1)(A) if--
(A) the advancement represents the share of the
Secretary of any costs, activities, or services under a
cooperative agreement entered into under subsection
(a); and
(B) the cooperator is not obligated to reimburse
the Secretary for those costs, activities, or services.
SEC. 9. MISCELLANEOUS PROVISIONS.
(a) Donations.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may accept donations of funds, property, or
services from any--
(A) individual;
(B) foundation;
(C) corporation; or
(D) public entity.
(2) Authorized uses.--The Secretary shall use donations of
funds, property, or services accepted under paragraph (1) for--
(A) capital improvements in the Recreation Area;
(B) facility enhancements and repair of the
Recreation Area;
(C) operation and maintenance of the Recreation
Area;
(D) the provision of--
(i) visitor access to the Recreation Area;
(ii) visitor services and information
relating to the Recreation Area; and
(iii) interpretation of and education
relating to the Recreation Area;
(E) maintenance of trails in proximity to the
Recreation Area;
(F) ensuring the health and safety needs of
visitors of the Recreation Area;
(G) habitat restoration relating to wildlife-
dependent recreation, including--
(i) hunting;
(ii) fishing;
(iii) wildlife observation; and
(iv) photography; and
(H) law enforcement relating to public use of the
Recreation Area.
(b) Cooperating Associations.--To provide services and facilities
consistent with this Act, the Secretary may enter into grants,
contracts, and cooperative agreements with--
(1) the Canyon Ferry Foundation;
(2) the Helena Forest Foundation; and
(3) any other organization.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Canyon Ferry National Recreation Area Act - Designates specified federal land in Montana as the Canyon Ferry National Recreation Area and provides for its management and funding. | {"src": "billsum_train", "title": "A bill to establish the Canyon Ferry National Recreation Area in the State of Montana, to establish the Canyon Ferry Recreation Management Fund, and for other purposes."} | 3,108 | 33 | 0.606167 | 1.512325 | 0.77039 | 2.392857 | 104.678571 | 0.821429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Accountability in
Budgeting and Spending Act''.
SEC. 2. POINT OF ORDER AGAINST CONSIDERATION OF DEBT LIMIT EXTENSION.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``SEC. 316. POINT OF ORDER AGAINST CONSIDERATION OF EXTENSION OF
STATUTORY DEBT LIMIT.
``(a) Point of Order Against Consideration of Extension of
Statutory Debt Limit.--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, to extend the
statutory debt limit unless--
``(1)(A) in the case of fiscal year 2013, the concurrent
resolution on the budget for that fiscal year has been agreed
to and is in effect for the fiscal year during which such
measure is being considered and provides for an allocation
under section 302(a) of new discretionary budget authority for
fiscal year 2013 at a level not to exceed $1.027 trillion
(excluding emergency spending and Overseas Contingency
Operations); or
``(B) in the case of any subsequent fiscal year, a
concurrent resolution on the budget has been agreed to and is
in effect for the fiscal year during which such measure is
being considered;
``(2) before the year referred to in paragraph (1), the
budget submitted by the President to the Congress under section
1105(a) of title 31, United States Code, for any fiscal year
includes a proposed budget for the Government that within 10
fiscal years would be in balance and for which--
``(A) total outlays do not exceed total receipts;
and
``(B) total outlays do not exceed 21.7 percent of
the estimated gross domestic product of the United
States for the calendar year ending before the
beginning of such fiscal year;
``(3) the Rules of the House of Representatives and the
Standing Rules of the Senate require the approval of two-thirds
of the Members, duly chosen and sworn, to increase Federal
income tax rates;
``(4) there is a requirement that the statutory debt limit
may not be raised under any circumstance while the funding for
the Government is being carried out by a continuing resolution;
``(5) the Rules of the House of Representatives and the
Standing Rules of the Senate prohibit the consideration of any
measure deeming that a concurrent resolution on the budget has
been agreed to; and
``(6) the House of Representatives and the Senate have
agreed to an amendment to the Constitution of the United States
requiring a balanced budget for each fiscal year.
``(b) Macroeconomic Impact Analysis by Congressional Budget
Office.--(1) The Director of the Congressional Budget Office shall
prepare for each major bill or resolution reported by any committee of
the House of Representatives or the Senate for which the Director
prepares an analysis under section 402 and submit to such committee a
macroeconomic impact analysis of the costs which would be incurred in
carrying out such bill or resolution in the fiscal year in which it is
to become effective and in each of the 4 fiscal years following such
fiscal year, together with the basis for such analysis. The analysis
shall be included in the report accompanying such bill or resolution.
``(2) The macroeconomic impact analysis referred to in paragraph
(1) shall describe the potential economic impact of the applicable
major bill or resolution on major economic variables, including real
gross domestic product, business investment, the capital stock,
employment, interest rates, and labor supply. The analysis shall also
describe the potential fiscal effects of the bill or resolution,
including any estimates of revenue increases or decreases resulting
from changes in gross domestic product. To the extent practicable, the
analysis should use a variety of economic models in order to reflect
the full range of possible economic outcomes resulting from the bill or
resolution. The analysis (or a technical appendix to the analysis)
shall specify the economic and econometric models used, sources of
data, relevant data transformations, and shall include such explanation
as is necessary to make the models comprehensible to academic and
public policy analysts.
``(c) Waivers.--Subsection (a) may be waived or suspended in the
House of Representatives or the Senate only by the affirmative vote of
two-thirds of its Members, duly chosen and sworn.
``(d) Appeals.--An affirmative vote of two-thirds of the Members,
duly chosen and sworn, shall be required in the Senate to sustain an
appeal of the ruling of the Chair on a point of order under subsection
(a).''.
(b) 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 315 the
following new item:
``Sec. 316. Point of order against consideration of extension of
statutory debt limit.''.
SEC. 3. DEFINITIONS.
Section 3 of the Congressional Budget and Impoundment Control Act
of 1974 is amended by adding at the end the following new paragraphs:
``(12) The term `macroeconomic impact analysis' means--
``(A) an estimate of the changes in economic
output, employment, interest rates, capital stock, and
tax revenues expected to result from enactment of the
proposal;
``(B) an estimate of revenue feedback expected to
result from enactment of the proposal; and
``(C) a statement identifying the critical
assumptions and the source of data underlying that
estimate.
``(13) The term `major bill or resolution' means any bill
or resolution if the gross budgetary effects of such bill or
resolution for any fiscal year in the period for which an
estimate is prepared under section 316 is estimated to be
greater than .25 percent of the current projected gross
domestic product of the United States for any such fiscal year.
``(14) The term `budgetary effect', when applied to a major
bill or resolution, means the changes in revenues, outlays,
deficits, and debt resulting from that measure.
``(15) The term `revenue feedback' means changes in revenue
resulting from changes in economic growth as the result of the
enactment of any major bill or resolution.''.
SEC. 4. SEQUESTRATION AND DIRECTIVE TO THE COMMITTEE ON THE BUDGET OF
THE HOUSE OF REPRESENTATIVES.
(a) Sequestration.--
(1) Submissions of spending reduction.--Not later than
April 27, 2012, the House committees named in paragraph (2)
shall submit recommendations to the Committee on the Budget of
the House of Representatives. After receiving those
recommendations, such committee shall report to the House a
reconciliation bill carrying out all such recommendations
without substantive revision.
(2) Instructions.--
(A) Committee on agriculture.--The Committee on
Agriculture shall submit changes in laws within its
jurisdiction sufficient to reduce the deficit by
$8,200,000,000 for the period of fiscal years 2012 and
2013; by $19,700,000,000 for the period of fiscal years
2012 through 2017; and by $33,200,000,000 for the
period of fiscal years 2012 through 2022.
(B) Committee on energy and commerce.--The
Committee on Energy and Commerce shall submit changes
in laws within its jurisdiction sufficient to reduce
the deficit by $3,750,000,000 for the period of fiscal
years 2012 and 2013; by $28,430,000,000 for the period
of fiscal years 2012 through 2017; and by
$96,760,000,000 for the period of fiscal years 2012
through 2022.
(C) Committee on financial services.--The Committee
on Financial Services shall submit changes in laws
within its jurisdiction sufficient to reduce the
deficit by $3,000,000,000 for the period of fiscal
years 2012 and 2013; by $16,700,000,000 for the period
of fiscal years 2012 through 2017 and by
$29,800,000,000 for the period of fiscal years 2012
through 2022.
(D) Committee on the judiciary.--The Committee on
the Judiciary shall submit changes in laws within its
jurisdiction sufficient to reduce the deficit by
$100,000,000 for the period of fiscal years 2012 and
2013; by $11,200,000,000 for the period of fiscal years
2012 through 2017; and by $39,700,000,000 for the
period of fiscal years 2012 through 2022.
(E) Committee on oversight and government reform.--
The Committee on Oversight and Government Reform shall
submit changes in laws within its jurisdiction
sufficient to reduce the deficit by $2,200,000,000 for
the period of fiscal years 2012 and 2013; by
$30,100,000,000 for the period of fiscal years 2012
through 2017; and by $78,900,000,000 for the period of
fiscal years 2012 through 2022.
(F) Committee on ways and means.--The Committee on
Ways and Means shall submit changes in laws within its
jurisdiction sufficient to reduce the deficit by
$1,200,000,000 for the period of fiscal years 2012 and
2013; by $23,000,000,000 for the period of fiscal years
2012 through 2017; and by $53,000,000,000 for the
period of fiscal years 2012 through 2022.
(b) Directive to the Committee on the Budget of the House of
Representatives To Replace the Sequester Established by the Budget
Control Act of 2011.--
(1) Submission.--In the House, the Committee on the Budget
shall report to the House a bill carrying out the directions
set forth in paragraph (2).
(2) Directions.--The bill referred to in paragraph (1)
shall include the following provisions:
(A) Replacing the sequester established by the
budget control act of 2011.--The language shall amend
section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 to replace the sequester
established under that section consistent with this
bill.
(B) Application of provisions.--The bill referred
to in paragraph (1) shall include language making its
application contingent upon the enactment of the
reconciliation bill referred to in subsection (a). | Congressional Accountability in Budgeting and Spending Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider any legislation to extend the statutory debt limit unless: (1) for FY2013 the concurrent budget resolution has been agreed to and is in effect, providing for an allocation of new discretionary budget authority for FY2013 of no more than $1.027 trillion (excluding emergency spending and Overseas Contingency Operations); (2) for subsequent fiscal years a concurrent budget resolution has been agreed to and is in effect; (3) for any fiscal year before FY2013 the President's budget request proposes a balanced budget within 10 fiscal years in which total outlays do not exceed 21.7% of the prior year's estimated U.S. gross domestic product (GDP); (4) House and Senate Rules require two-thirds approval to increase federal income tax rates and prohibit consideration of any measure deeming that a budget resolution has been agreed to; (5) any raising of the debt limit is prohibited while the government is being funded by a continuing resolution; and (6) Congress has agreed to a balanced budget amendment to the Constitution.
Requires the Director of the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee a macroeconomic impact analysis of the costs of such legislation for: (1) the fiscal year in which the measure is to become effective, and (2) in each of the four following fiscal years. Permits waiver or suspension of this requirement only by a two-thirds vote in the House or the Senate.
Defines "major bill or resolution" as any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25% of the current projected U.S. GDP for that fiscal year.
Requires the analysis to describe: (1) the potential economic impact of the measure on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply; and (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP.
Requires certain House committees to submit recommendations to the Committee on the Budget, which shall report to the House a reconciliation bill carrying them out without substantive revision.
Directs the Committee on the Budget to report to the House a bill to amend the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to replace the sequester established by the Budget Control Act of 2011. | {"src": "billsum_train", "title": "To amend the Congressional Budget Act of 1974 to establish a point of order to prohibit the extension of the statutory debt limit unless a concurrent resolution on the budget has been agreed to and is in effect, Federal spending is cut and capped, and a balanced budget amendment to the constitution has been sent to the States for ratification, and for other purposes."} | 2,178 | 568 | 0.701526 | 1.858907 | 0.793123 | 3.635827 | 3.992126 | 0.90748 |
FUNDING
CORPORATION.
(a) Funding of Interest Payments by the Resolution Funding
Corporation.--Subsection 21B(f)(2)(C) of the Federal Home Loan Bank Act
(12 U.S.C. 1441b(f)(2)(C)) is amended to read as follows:
``(C) Payments by federal home loan banks.--
``(i) In general.--To the extent the
amounts available pursuant to subparagraphs (A)
and (B) are insufficient to cover the amount of
interest payments, the Federal home loan banks
shall pay to the Funding Corporation each
calendar year $300,000,000.
``(ii) Individual bank share.--Each Federal
home loan bank's share of the amount required
to be paid under clause (i) for any year shall
be determined by dividing--
``(I) the daily average minimum
level of tangible capital which such
bank was required to maintain in order
to comply with the bank's minimum
capital requirement for the adequately
capitalized category established
pursuant to section 28(b)(2); by
``(II) the sum of the daily average
minimum levels of tangible capital
which all the banks were required to
maintain in order to comply with each
such bank's minimum capital requirement
for the adequately capitalized
category.''
(b) Bank Contributions to the Bank's Affordable Housing Program.--
``(1) 1995.--Subsection 10(j)(5)(C) of the Federal Home
Loan Bank Act (12 U.S.C. 1430(j)(5)(C)) is amended to read as
follows:
``(C) In 1995, the greater of--
``(i) 10 percent of the net income of the
bank in the preceding year; or
``(ii) such prorated sum as the Finance
Board may determine to be necessary to assure
that the aggregate contribution of all the
Federal home loan banks shall not be less than
$100,000,000 for 1995.''
(c) 1996 and Subsequent Years.--Subsection 10(j)(5) of the Federal
Home Loan Bank Act (12 U.S.C. 1430(j)(5)) is amended by adding at the
end the following new subparagraph:
``(D) In 1996 and subsequent years, 10 percent of
the net income of the bank in the preceding year, as
determined after deducting the payment made by each
Federal home loan bank to the Funding Corporation under
section 21B(f)(2)(C).''.
SEC. 9. COMMUNITY SUPPORT REQUIREMENTS.
Subsection (g) of section 10 of the Federal Home Loan Bank Act (12
U.S.C. 1430(g)) is amended by adding at the end the following new
paragraph:
``(3) Safe harbor for member's receiving cra ratings of
satisfactory or better.--Notwithstanding paragraphs (1) and
(2), any member which receives a rating of satisfactory or
outstanding pursuant to section 807 of the Community
Reinvestment Act of 1977 in such member's most recent
examination shall be treated as having satisfied the
requirements of such paragraphs.''.
SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 9.--Section 9 of the Federal Home Loan Bank Act (12
U.S.C. 1429) is amended--
(1) in the 2d sentence, by striking ``with the approval of
the Board''; and
(2) in the 3d sentence, by striking ``, subject to the
approval of the Board,''.
(b) Section 10.--
(1) Subsection (a) of section 10 of the Federal Home Loan
Bank Act (12 U.S.C. 1430(a)) is amended--
(A) in the 1st sentence before paragraph (1), by
striking ``or section 11(g) of this Act'';
(B) in the 2d sentence before paragraph (1), by
striking ``housing finance'' and inserting ``mortgage
assets'';
(C) in the 2d sentence of paragraph (5), by
striking ``and the Board''; and
(D) in the last sentence of paragraph (5), by
striking ``Board'' and inserting ``bank''.
(2) The last sentence of section 10(b) of the Federal Home
Loan Bank Act (12 U.S.C. 1430(b)) is amended by striking
``Board'' and inserting ``bank''.
(3) Section 10(c) of the Federal Home Loan Bank Act (12
U.S.C. 1430(c) is amended--
(A) in the 1st sentence, by striking ``Board'' and
inserting ``bank''; and
(B) by striking the 2d sentence.
(4) The last sentence of section 10(d) of the Federal Home
Loan Bank Act (12 U.S.C. 1430(d)) is amended by striking
``Subject to the approval of the Board, any'' and inserting
``Any''.
(5) Section 10 of the Federal Home Loan Bank Act (12 U.S.C.
1430) is amended by striking the 1st of the 2 subsections
designated as subsection (e).
(c) Section 10b.--Subsection (a) of section 10b of the Federal Home
Loan Bank Act (12 U.S.C. 1430b) is amended--
(1) by striking ``Board'' and inserting ``bank''; and
(2) by inserting ``home'' before ``mortgage loan''.
(d) Section 11.--
(1) Subsection (a) of section 11 of the Federal Home Loan
Bank Act (12 U.S.C. 1431(a)) is amended--
(A) by striking ``(a) Each Federal Home Loan Bank''
and inserting ``(a) Borrowing Authority.--
``(1) In general.--Each Federal home loan bank'';
(B) by striking ``, subject to rules and
regulations prescribed by the Board'';
(C) by striking ``Board'' and inserting ``board of
directors of the bank''; and
(D) by adding at the end the following new
paragraph:
``(2) Borrowing through the office of finance corporation
only.--Notwithstanding paragraph (1), all notes, bonds, and
debentures issued by any Federal home loan bank shall be issued
through the Office of Finance Corporation.''
(2) Subsection (b) of section 11 of the Federal Home Loan
Bank Act (12 U.S.C. 1431(b)) is amended to read as follows:
``(b) Issuance of Federal Home Loan Bank Bonds.--
``(1) In general.--Effective as of the date the Finance
Board transfers the functions of the Office of Finance to the
Office of Finance Corporation pursuant to section 4(a)(3), the
Office of Finance Corporation may issue consolidated Federal
home loan bank bonds and other consolidated obligations on
behalf of the banks.
``(2) Joint and several obligation; terms and conditions.--
Consolidated obligations issued by the Office of Finance
Corporation under paragraph (1) shall--
``(A) be the joint and several obligations of all
the Federal home loan banks; and
``(B) shall be issued upon such terms and
conditions as shall be established by the Office of
Finance Corporation.''.
(3) Section 11 of the Federal Home Loan Bank Act (12 U.S.C.
1431) is amended by striking subsections (c) and (d) and by
redesignating subsections (e), (f), (g), (h), (i), (j) and (k)
as subsections (c), (d), (e), (f), (g), (h) and (i),
respectively.
(4) Subsection (d) of section 11 of the Federal Home Loan
Bank Act (as so redesignated by paragraph (3)) is amended to
read as follows:
``(d) Rediscount of Notes Held by Other Banks; Purchase of Bonds of
Other Banks.--The Federal home loan banks may--
``(1) rediscount the discounted notes of members held by
other Federal home loan banks;
``(2) make loans to, or make deposits with, other Federal
home loan banks; or
``(3) purchase any bonds or debentures issued under this
section.''.
(e) Repeal of Sections 2A and 2B.--The Federal Home Loan Bank Act
(12 U.S.C. 1421 et seq.) is amended by striking sections 2A and 2B.
SEC. 11. INCORPORATION OF BANKS; CORPORATE POWERS.
Section 12 of the Federal Home Loan Bank Act is amended to read as
follows:
``SEC. 12. INCORPORATION OF BANKS; CORPORATE POWERS.
``(a) Organizational Certificates.--
``(1) Custodianship.--The Finance Board shall be the
custodian of the organizational certificates of the Federal
home loan banks previously filed with the Federal Home Loan
Bank Board (as in existence before the end of the 60-day period
beginning on the date of the enactment of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989) or
the Finance Board.
``(2) Replacement of lost or destroyed certificate.--If the
organizational certificate of a Federal home loan bank is lost
or destroyed, the board of directors of the bank shall provide
the Finance Board with a substitute certificate containing such
information as the Finance Board may require.
``(3) Amendment in case of merger, combination, or
consolidation.--If 2 or more Federal home loan banks merge,
combine, or otherwise consolidate, the resulting bank shall
provide the Finance Board with an amended organizational
certificate containing such information as the Finance Board
may require.
``(b) Corporate Status.--Each Federal home loan bank shall be a
corporation.
``(c) Powers.--Each Federal home loan bank shall have the following
powers:
``(1) To adopt, alter, and use a corporate seal.
``(2) To make contracts.
``(3) To purchase or lease and hold or dispose of such real
estate as may be necessary or convenient for the transaction of
the business of the bank.
``(4) To sue and be sued, to complain, and to defend, in
any court of competent jurisdiction.
``(5) To select, employ, and fix the compensation of such
officers, employees, attorneys, and agents as the board of
directors determines to be necessary for the transaction of the
business of the bank.
``(6) To define the duties of, and require bonds of,
officers, employees, attorneys, and agents of the bank and fix
the penalties of any such bonds.
``(7) To dismiss at pleasure officers, employees,
attorneys, and agents of the bank.
``(8) By the board of directors, to prescribe, amend, and
repeal bylaws and policies governing the manner in which the
affairs of the bank may be administered.
``(9) Such incidental powers as are not inconsistent with
the provisions of this Act and are customary and usual in
corporations generally.
``(d) Prohibition on Excessive Compensation.--
``(1) In general.--The Finance Board shall prohibit the
Federal home loan banks from providing compensation to any
employee of the bank that is not reasonable and comparable with
compensation for employment in other similar businesses
(including other financial institutions or major financial
services companies) involving similar duties and
responsibilities.
``(2) Limitation on Finance Board's Authority to Set
Compensation.--In carrying out paragraph (1), the Finance Board
may not prescribe or set a specific level or range of
compensation.''.
SEC. 12. LIQUIDATION OR REORGANIZATION.
Section 25 of the Federal Home Loan Bank Act (12 U.S.C. 1445) is
amended by striking ``the Board under this Act'' and inserting
``operation of law''.
SEC. 13. DEFINITIONS.
(a) Finance Board Defined.--Paragraph (1) of section 2 of the
Federal Home Loan Bank Act (12 U.S.C. 1422(1)) is amended to read as
follows:
``(1) Finance board.--The term `Finance Board' means the
Federal Housing Finance Board established under section 3.''
``(b) Home Mortgage Loan Defined.--Section 2 of the Federal Home
Loan Bank Act (12 U.S.C. 1422) is amended by striking paragraphs (5)
and (6) and inserting the following new paragraph:
``(5) Home mortgage loan.--
``(A) In general.--The term `home mortgage loan'
means a loan made by a member or a nonmember borrower
upon the security of--
``(i) a mortgage, deed of trust or other
security arrangement upon qualified real
estate, in fee simple; or
``(ii) on a qualified leasehold--
``(I) under a lease which has a
period to maturity of not less than 99
years and is renewable; or
``(II) under a lease having a
period of not less than 50 years to run
from the date the mortgage, deed of
trust, or other security arrangement
was executed.
``(B) Certain loans included.--The term `home
mortgage loan' includes--
``(i) such classes of first liens as are
commonly given to secure advances on real
estate, under the laws of the State in which
the real estate is located, by institutions
authorized under this Act to become members of
a Federal home loan bank; and
``(ii) the credit instruments, if any,
secured by such liens.
``(C) Qualified real estate; qualified leasehold.--
The terms `qualified real estate' and `qualified
leasehold' mean real estate upon which is located, or
which comprises or includes, 1 or more homes or other
dwelling units.
``(D) Definition of further terms.--The Finance
Board may define any term used in this paragraph.''.
(c) Residential Mortgage Assets Defined.--Section 2 of the Federal
Home Loan Bank Act (12 U.S.C. 1422) is amended--
(1) by redesignating paragraphs (7), (8), (9), (10), (11),
and (12) as paragraphs (6), (7), (8), (9), (10), (11),
respectively; and
(2) by adding at the end the following new paragraph:
``(12) Residential mortgage assets.--The term `residential
mortgage asset'--
``(A) means a home mortgage, deed of trust, or
other security arrangement upon real estate that is
solely residential; and
``(B) includes any mortgage pass-through security
or mortgage debt security representing an interest in,
or which is collateralized by, a home mortgage loan.''
(d) Regulated Financial Institution Defined.--Section 2 of the
Federal Home Loan Bank Act (12 U.S.C. 1422) is amended by adding after
paragraph (12) (as added by subsection (c) of this section) the
following new paragraph:
``(13) Regulated financial institution.--The term
`regulated financial institution' means--
``(A) any insured depository institution; and
``(B) any building and loan association, saving and
loan association, cooperative bank, homestead
association, or savings bank which is duly organized
under the laws of any state or of the United States.''.
(e) Capital Distribution Defined.--Section 2 of the Federal Home
Loan Bank Act (12 U.S.C. 1422) is amended by adding after paragraph
(13) (as added by subsection (d) of this section) the following new
paragraph:
``(14) Capital distribution.--The term `capital
distribution' means--
``(A) any dividend or other distribution in cash or
other property made with respect to any shares of, or
other ownership interest in, a Federal home loan bank,
other than a dividend consisting only of shares of any
such bank;
``(B) any payment in cash or other property made by
a Federal home loan bank to repurchase, redeem, retire,
or otherwise acquire any of the shares of the bank,
including any extension of credit made to finance an
acquisition by a bank of such shares; and
``(C) any transaction that the Finance Board
determines by regulation to be, in substance, a
distribution of capital of a Federal home loan bank.''.
SEC. 14. EFFECTIVE DATE.
Except as otherwise expressly provided in this Act, this Act and
the amendments made by this Act shall take effect on the first January
1 which occurs after the date of the enactment of this Act.
HR 1487 IH----2
HR 1487 IH----3
HR 1487 IH----4
HR 1487 IH----5
HR 1487 IH----6 | Federal Home Loan Bank System Modernization Act of 1995 - Amends the Federal Home Loan Bank Act (FHLBA) to declare that the mission of the Federal Home Loan Bank System is to: (1) be a profit-making enterprise whose purpose is to support residential mortgage lending (including low- and moderate-income housing), and related community and economic development lending through a program of collateralized advances and other financial services; and (2) facilitate such lending by providing long-term credit and liquidity and other financial services to members of Federal home loan banks (FHLBs).
Establishes 12 regional FHLB districts. (Currently, the Federal Housing Finance Board (Board) is required to establish between eight and 12 such districts.) Prescribes guidelines for FHLB mergers.
Modifies from annual to periodic the congressional reporting requirements of the Board regarding the safety and soundness of the FHLB system. Alters the makeup of the Board to: (1) reduce its membership from five to three directors; and (2) repeal the statutory mandate that it consist of the Secretary of Housing and Urban Development and at least one consumer representative. States that two directors constitutes a quorum.
Establishes the Office of Finance Corporation (the Corporation) as a federally chartered instrumentality to issue FHLB bonds and debentures. Transfers to the Corporation the functions of the Office of Finance of the FHLBs. Vests Corporation management in a board of directors composed of elected representatives from each FHLB. Treats the Corporation as an FHLB for purposes of any law.
Revises the parameters for subscription and retirement of FHLB stock. Revises the procedure for termination of FHLB membership. Reduces from ten years to five years the period of time before a withdrawn member may resume membership.
Amends the Home Owners' Loan Act to repeal: (1) the proscription against granting cash advances to savings associations that have failed to acquire or maintain qualified thrift lender status; and (2) the requirement that such associations repay outstanding FHLB advances in a prompt and prudent manner.
Revises the FHLB membership guidelines to change membership status from mandatory to voluntary for each Federal savings association.
Amends the FHLBA to direct the Finance Board to establish a uniform capital requirement for FHLBs which takes into consideration interest rate risk, credit risk, and all other risks and obligations associated with bank operations. Prescribes bank capital guidelines. Revises the guidelines for: (1) bank management; (2) FHLB annual contributions to the Resolution Funding Corporation; and (3) FHLB contributions to the Affordable Housing Program.
Provides that any member which receives a rating of satisfactory or better in its most recent examination in connection with the Community Reinvestment Act of 1977 shall be treated as having satisfied specified statutory requirements.
Revises incorporation guidelines to: (1) declare the Finance Board custodian of FHLB organizational certificates; and (2) instruct the Finance Board to prohibit FHLBs from providing excessive compensation to employees. | {"src": "billsum_train", "title": "Federal Home Loan Bank System Modernization Act of 1995"} | 3,735 | 640 | 0.473251 | 1.631619 | 0.583369 | 1.54641 | 5.957968 | 0.691769 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Self-Sufficient
Community Lands Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Establishment of community forest demonstration areas.
Sec. 5. Board of Trustees.
Sec. 6. Management of community forest demonstration areas.
Sec. 7. Distribution of funds from Community Forest Demonstration Area.
Sec. 8. Initial funding authority.
SEC. 2. PURPOSE.
The purpose of this Act is to generate dependable economic activity
for counties and local governments through sustainable forest
management.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board of trustees.--The term ``Board of Trustees''
means the Board of Trustees appointed by the Governor of a
State for the community forest demonstration area established
for the State.
(2) Community forest demonstration area.--The term
``community forest demonstration area'' means a community
forest demonstration area established for a State under section
4.
(3) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture or the designee of the Secretary of Agriculture.
(5) State.--The term ``State'' includes the Commonwealth of
Puerto Rico.
SEC. 4. ESTABLISHMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Establishment Required; Time for Establishment.--Not later than
one year after the date of the enactment of this Act, the Secretary of
Agriculture shall establish the community forest demonstration area or
areas of a State at the request of the Board of Trustees appointed to
manage community forest demonstration area land in that State.
(b) Covered Land.--
(1) Inclusion of national forest system land.--The
community forest demonstration areas of a State shall consist
of the National Forest System land in the State identified for
inclusion by the Board of Trustees of that State.
(2) Exclusion of certain land.--A community forest
demonstration area shall not include National Forest System
land--
(A) that is a component of the National Wilderness
Preservation System; or
(B) on which the removal of vegetation is
specifically prohibited by Federal law.
(c) Conditions on Establishment.--
(1) Acreage requirement.--A community forest demonstration
area must include at least 200,000 acres of National Forest
System land.
(2) Management law requirement.--A community forest
demonstration area may be established in a State only if the
State has a forest practices law or regulatory structure
applicable to State or privately owned forest land in the
State.
(3) Revenue sharing requirement.--As a condition of the
inclusion in a community forest demonstration area of National
Forest System land located in a particular county in a State,
the county must enter into an agreement with the Governor of
the State that requires that, in utilizing revenues received by
the county under section 7, the county shall continue to meet
any obligations under applicable State law as provided under
title I of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111 et seq.) or as
provided in the sixth paragraph under the heading ``FOREST
SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 500) and
section 13 of the Act of March 1, 1911 (16 U.S.C. 500).
(d) Treatment Under Certain Other Laws.--National Forest System
land included in a community forest demonstration area shall not be
considered Federal land for purposes of making payments to counties
under the sixth paragraph under the heading ``FOREST SERVICE'' in the
Act of May 23, 1908 (16 U.S.C. 500) and section 13 of the Act of March
1, 1911 (16 U.S.C. 500).
(e) Recognition of Valid and Existing Rights.--Nothing in this Act
shall be construed to limit or restrict--
(1) access to National Forest System land included in a
community forest demonstration area for hunting, fishing, and
other related purposes; or
(2) valid and existing rights regarding such National
Forest System land.
SEC. 5. BOARD OF TRUSTEES.
(a) Appointment.--A community forest demonstration area for a State
shall be managed by a Board of Trustees appointed by the Governor of
the State.
(b) Composition.--The Board of Trustees for a community forest
demonstration area in a State shall include, but is not limited to, the
following members:
(1) One member who holds county or local elected office,
appointed from each county or local governmental unit in the
State containing community forest demonstration area land.
(2) One member who represents the commercial timber, wood
products, or milling industry.
(3) One member who represents persons holding Federal
grazing or other land use permits.
(4) One member who represents recreational users of
National Forest System land.
(c) Terms.--
(1) In general.--Except in the case of certain initial
appointments required by paragraph (2), members of a Board of
Trustees shall serve for a term of three years.
(2) Initial appointments.--In making initial appointments
to a Board of Trustees, the Governor making the appointments
shall stagger terms so that at least one-third of the members
will be replaced every three years.
(d) Compensation.--Members of a Board of Trustees shall serve
without pay, but may be reimbursed from the funds made available for
the management of a community forest demonstration area for the actual
and necessary travel and subsistence expenses incurred by members in
the performance of their duties.
SEC. 6. MANAGEMENT OF COMMUNITY FOREST DEMONSTRATION AREAS.
(a) Assumption of Management.--
(1) Confirmation.--The Board of Trustees appointed for a
community forest demonstration area shall assume all management
authority with regard to the community forest demonstration
area as soon as the Secretary confirms that--
(A) the National Forest System land to be included
in the community forest demonstration area meets the
requirements of subsections (b) and (c) of section 4;
and
(B) the Board of Trustees has been duly appointed
under section 5 and is able to conduct business.
(2) Scope and time for confirmation.--The determination of
the Secretary under paragraph (1) is limited to confirming
whether the conditions specified in subparagraphs (A) and (B)
of such paragraph have been satisfied. The Secretary shall make
the determination not later than 60 days after the date of the
appointment of the Board of Trustees.
(3) Effect of failure to confirm.--If the Secretary
determines that either or both conditions specified in
subparagraphs (A) and (B) of paragraph (1) are not satisfied
for confirmation of a Board of Trustees, the Secretary shall--
(A) promptly notify the Governor of the affected
State and the Board of Trustees of the reasons
preventing confirmation; and
(B) make a new determination under paragraph (2)
within 60 days after receiving a new request from the
Board of Trustees that addresses the reasons that
previously prevented confirmation.
(b) Management Responsibilities.--Upon assumption of management of
a community forest demonstration area, the Board of Trustees for the
community forest demonstration area shall manage the land and resources
of the community forest demonstration area and the occupancy and use
thereof in conformity with this Act, and to the extent not in conflict
with this Act, the laws and regulations applicable to management of
State forest lands in the State in which the community forest
demonstration area is located.
(c) Applicability of Other Federal Laws.--The administration and
management of a community forest demonstration area, including
implementing actions, shall not be considered Federal action and shall
be subject to the following only to the extent that such laws apply to
the State administration and management of forest lands in the State in
which the community forest demonstration area is located:
(1) The Federal Water Pollution Control Act (33 U.S.C. 1251
note).
(2) The Clean Air Act (42 U.S.C. 7401 et seq.).
(3) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(4) Federal laws and regulations governing procurement by
Federal agencies.
(5) Other Federal laws.
(d) Consultation.--
(1) With indian tribes.--The Board of Trustees for a
community forest demonstration area shall cooperate and consult
with Indian tribes on management policies and practices for the
community forest demonstration area that may affect the Indian
tribes. The Board of Trustees may allow the use of lands within
the community forest demonstration area for religious and
cultural uses by Native Americans.
(2) With collaborative groups.--The Board of Trustees for a
community forest demonstration area shall consult with any
applicable forest collaborative group.
(e) Recreation.--Nothing in this section shall affect public use
and recreation within a community forest demonstration area.
(f) Fire Management.--The Secretary shall provide fire
presuppression, suppression, and rehabilitation services on and with
respect to a community forest demonstration area to the same extent
generally authorized in other units of the National Forest System.
SEC. 7. DISTRIBUTION OF FUNDS FROM COMMUNITY FOREST DEMONSTRATION AREA.
(a) Retention of Funds for Management.--The Board of Trustees of a
community forest demonstration area may retain such sums as the Board
of Trustees considers to be necessary from amounts generated from that
community forest demonstration area to fund the management,
administration, restoration, operation and maintenance, improvement,
repair, and related expenses incurred with respect to the community
forest demonstration area.
(b) Funds to Counties or Local Governmental Units.--Subject to
subsection (a), the Board of Trustees of a community forest
demonstration area in a State shall distribute funds received by the
Board of Trustees under section 6 to each county or local governmental
unit in the State in an amount proportional to the funds received by
the county or local governmental unit under title I of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et
seq.).
SEC. 8. INITIAL FUNDING AUTHORITY.
(a) Funding Source.--Counties may use such sums as the counties
consider to be necessary from amounts made available to the counties
under title I of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111 et seq.) to provide initial
funding for the management of community forest demonstration areas.
(b) No Restriction on Use of Non-Federal Funds.--Nothing in this
Act restricts the Board of Trustees of a community forest demonstration
area from seeking non-Federal loans or other non-Federal funds for
management of the community forest demonstration area. | Self-Sufficient Community Lands Act of 2012 - Directs the Secretary of Agriculture (USDA) to establish the community forest demonstration area or areas of a state, consisting of National Forest System (NFS) land, at the request of a Board of Trustees appointed by a governor to manage such land in that state.
Conditions establishment of an area upon: (1) inclusion of at least 200,000 acres of NFS land; (2) a state forest practices law or regulatory structure applicable to state or privately owned forest land; (3) agreement with the governor by the county in which the land is located requiring the county, in using revenues received from the area, to continue to meet obligations under applicable state law pursuant to the Secure Rural Schools and Community Self-Determination Act of 2000 or other provisions concerning payment of receipts for the benefit of public schools and roads.
Excludes from a community forest demonstration area land that is a component of the National Wilderness Preservation System or on which the removal of vegetation is specifically prohibited by federal law.
Deems the administration and management of a community forest demonstration area, including implementing actions, not to be federal action and subject to federal laws only to the extent that they apply to the state administration and management of forest lands in which the community forest demonstration area is located. | {"src": "billsum_train", "title": "To establish a program that will generate dependable economic activity for counties and local governments containing National Forest System land through a management-focused approach, and for other purposes."} | 2,505 | 279 | 0.639341 | 1.733324 | 0.774157 | 4.090551 | 8.905512 | 0.933071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemember and Veteran Protection
Act of 2015''.
SEC. 2. DEFERRAL OF STUDENTS LOANS FOR CERTAIN PERIOD IN CONNECTION
WITH RECEIPT OF ORDERS FOR MOBILIZATION FOR WAR OR
NATIONAL EMERGENCY.
(a) Federal Family Education Loans.--Section 428(b)(1)(M) of the
Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--
(1) in the matter preceding clause (i), by striking ``,
during any period'';
(2) in clause (i), by striking ``during which'' and
inserting ``during any period during which'';
(3) in clause (ii), by striking ``during which'' and
inserting ``during any period during which'';
(4) in clause (iii)--
(A) by striking ``during which'' and inserting
``during any period during which''; and
(B) in the matter following subclause (II), by
striking ``or'' after the semicolon;
(5) by redesignating clause (iv) as clause (vi);
(6) by inserting after clause (iii) the following:
``(iv) in the case of any borrower who has
received a call or order to duty described in
subclause (I) or (II) of clause (iii), during
the shorter of--
``(I) the period beginning on the
date such call or order to duty is
received by the borrower and ending on
the first day of the service described
in subclause (I) or (II) of clause
(iii); and
``(II) the 180-day period preceding
the first day of such service;
``(v) notwithstanding clause (iv)--
``(I) in the case of any borrower
described in such clause whose call or
order to duty is cancelled before the
first day of the service described in
subclause (I) or (II) of clause (iii)
because of a personal injury in
connection with training to prepare for
such service, during the period
described in clause (iv) and during an
additional period equal to the duration
of such service, as specified by or
otherwise determined in the original
call or order to duty; and
``(II) in the case of any borrower
whose call or order to duty is
cancelled before the first day of such
service for a reason other than an
injury described in subclause (I),
during the period beginning on the date
the call or order to duty is received
by the borrower and ending on the date
that is 14 days after such call or
order to duty is cancelled; and''; and
(7) in clause (vi) (as redesignated by paragraph (5)), by
striking ``not in excess'' and inserting ``during any period
not in excess''.
(b) Direct Loans.--Section 455(f)(2) of the Higher Education Act of
1965 (20 U.S.C. 1087e(f)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``during any period'';
(2) in subparagraph (A), by striking ``during which'' and
inserting ``during any period during which'';
(3) in subparagraph (B), by striking ``not in excess'' and
inserting ``during any period not in excess'';
(4) in subparagraph (C)--
(A) by striking ``during which'' and inserting
``during any period during which''; and
(B) in the matter following clause (ii), by
striking ``or'' after the semicolon;
(5) by redesignating subparagraph (D) as subparagraph (F);
(6) by inserting after subparagraph (C) the following:
``(D) in the case of any borrower who has received
a call or order to duty described in clause (i) or (ii)
of subparagraph (C), during the shorter of--
``(i) the period beginning on the date such
call or order to duty is received by the
borrower and ending on the first day of the
service described in clause (i) or (ii) of
subparagraph (C); and
``(ii) the 180-day period preceding the
first day of such service;
``(E) notwithstanding subparagraph (D)--
``(i) in the case of any borrower described
in such subparagraph whose call or order to
duty is cancelled before the first day of the
service described in clause (i) or (ii) of
subparagraph (C) because of a personal injury
in connection with training to prepare for such
service, during the period described in
subparagraph (D) and during an additional
period equal to the duration of such service,
as specified by or otherwise determined in the
original call or order to duty; and
``(ii) in the case of any borrower whose
call or order to duty is cancelled before the
first day of such service for a reason other
than an injury described in clause (i), during
the period beginning on the date the call or
order to duty is received by the borrower and
ending on the date that is 14 days after such
call or order to duty is cancelled; and''; and
(7) in subparagraph (F) (as redesignated by paragraph (5)),
by striking ``not in excess'' and inserting ``during any period
not in excess''.
(c) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education
Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended--
(1) in the matter preceding clause (i), by striking
``during any period'';
(2) in clause (i), by striking ``during which'' and
inserting ``during any period during which'';
(3) in clause (ii), by striking ``not in excess'' and
inserting ``during any period not in excess'';
(4) in clause (iii), by striking ``during which'' and
inserting ``during any period during which'';
(5) by redesignating clauses (iv) and (v) as clauses (vi)
and (vii), respectively;
(6) by inserting after clause (iii) the following:
``(iv) in the case of any borrower who has received
a call or order to duty described in subclause (I) or
(II) of clause (iii), during the shorter of--
``(I) the period beginning on the date such
call or order to duty is received by the
borrower and ending on the first day of the
service described in subclause (I) or (II) of
clause (iii); and
``(II) the 180-day period preceding the
first day of such service;
``(v) notwithstanding clause (iv)--
``(I) in the case of any borrower described
in such clause whose call or order to duty is
cancelled before the first day of the service
described in subclause (I) or (II) of clause
(iii) because of a personal injury in
connection with training to prepare for such
service, during the period described in clause
(iv) and during an additional period equal to
the duration of such service, as specified by
or otherwise determined in the original call or
order to duty; and
``(II) in the case of any borrower whose
call or order to duty is cancelled before the
first day of such service for a reason other
than an injury described in subclause (I),
during the period beginning on the date the
call or order to duty is received by the
borrower and ending on the date that is 14 days
after such call or order to duty is
cancelled;'';
(7) in clause (vi) (as redesignated by paragraph (5)), by
striking ``not in excess'' and inserting ``during any period
not in excess''; and
(8) in clause (vii) (as redesignated by paragraph (5)), by
striking ``during which'' and inserting ``during any period
during which''.
(d) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to authorize any refunding of any repayment
of a loan.
(e) Applicability.--The amendments made by this section shall apply
with respect to all loans made, insured, or guaranteed under title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(f) Conforming Amendments.--Title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) is further amended--
(1) in section 428B(d)(1)(A)(ii) (20 U.S.C. 1078-
2(d)(1)(A)(ii)), by striking ``428(b)(1)(M)(i)(I)'' and
inserting ``or clause (i)(I), (iv), or (v) of section
428(b)(1)(M)''; and
(2) in section 493D(a) (20 U.S.C. 1098f(a)), by striking
``section 428(b)(1)(M)(iii), 455(f)(2)(C), or
464(c)(2)(A)(iii)'' and inserting ``clause (iii) or (iv) of
section 428(b)(1)(M), subparagraph (C) or (D) of section
455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A)''.
SEC. 3. MODIFICATION OF BASIS FOR ANNUAL ADJUSTMENTS IN AMOUNTS OF
EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED
RESERVE.
(a) In General.--Section 16131(b)(2) of title 10, United States
Code, is amended by striking ``equal to'' and all that follows and
inserting the following: ``not less than the percentage by which--
``(A) the average cost of undergraduate tuition in the
United States, as determined by the National Center for
Education Statistics, for the last academic year preceding the
beginning of the fiscal year for which the increase is made,
exceeds
``(B) the average cost of undergraduate tuition in the
United States, as so determined, for the academic year
preceding the academic year described in subparagraph (A).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2015, and shall apply to adjustments in
amounts of educational assistance for members of the Selected Reserve
that are made for fiscal years beginning on or after that date.
SEC. 4. CREDIT PROTECTIONS FOR SERVICEMEMBERS.
(a) Active Duty Freeze Alerts.--Section 605A of the Fair Credit
Reporting Act (15 U.S.C. 1681c-1) is amended--
(1) in the heading for such section, by striking ``and
active duty alerts'' and inserting ``, active duty alerts, and
active duty freeze alerts'';
(2) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively;
(3) by inserting after subsection (c) the following:
``(d) Active Duty Freeze Alerts.--Upon the direct request of an
active duty military consumer, or an individual acting on behalf of or
as a personal representative of an active duty military consumer, a
consumer reporting agency described in section 603(p) that maintains a
file on the active duty military consumer and has received appropriate
proof of the identity of the requester shall--
``(1) include an active duty freeze alert in the file of
that active duty military consumer, and also provide that alert
along with any credit score generated in using that file,
during a period of not less than 12 months, or such longer
period as the Bureau shall determine, by regulation, beginning
on the date of the request, unless the active duty military
consumer or such representative requests that such freeze alert
be removed before the end of such period, and the agency has
received appropriate proof of the identity of the requester for
such purpose;
``(2) during the 2-year period beginning on the date of
such request, exclude the active duty military consumer from
any list of consumers prepared by the consumer reporting agency
and provided to any third party to offer credit or insurance to
the consumer as part of a transaction that was not initiated by
the consumer, unless the consumer requests that such exclusion
be rescinded before the end of such period; and
``(3) refer the information regarding the active duty
freeze alert to each of the other consumer reporting agencies
described in section 603(p), in accordance with procedures
developed under section 621(f).'';
(4) in subsection (e), as so redesignated--
(A) by striking ``extended, and active duty
alerts'' and inserting ``extended, active duty, and
active duty freeze alerts''; and
(B) by striking ``extended, or active duty alerts''
and inserting ``extended, active duty, or active duty
freeze alerts'';
(5) in subsection (f), as so redesignated--
(A) in the matter preceding paragraph (1), by
striking ``or active duty alert'' and inserting
``active duty alert, or active duty freeze alert'';
(B) in paragraph (2), by striking ``; and'' and
inserting a semicolon;
(C) in paragraph (3), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) paragraphs (1) and (2) of subsection (d), in the case
of a referral under subsection (d)(3).'';
(6) in subsection (g), as so redesignated, by striking ``or
active duty alert'' and inserting ``active duty alert, or
active duty freeze alert''; and
(7) in subsection (i), as so redesignated, by adding at the
end the following:
``(3) Requirements for active duty freeze alerts.--
``(A) Notification.--Each active duty freeze alert
under this section shall include information that
notifies all prospective users of a consumer report on
the consumer to which the freeze alert relates that the
consumer does not authorize the establishment of any
new credit plan or extension of credit, including any
credit under an open-end credit plan (as defined in
section 103(i)), in the name of the consumer, or
issuance of an additional card on an existing credit
account requested by a consumer, or any increase in
credit limit on an existing credit account requested by
a consumer.
``(B) Prohibition on users.--No prospective user of
a consumer report that includes an active duty freeze
alert in accordance with this section may establish a
new credit plan or extension of credit, including any
credit under an open-end credit plan (as defined in
section 103(i)), in the name of the consumer, or issue
an additional card on an existing credit account
requested by a consumer, or grant any increase in
credit limit on an existing credit account requested by
a consumer.''.
(b) Rulemaking.--The Bureau of Consumer Financial Protection shall
prescribe regulations to define what constitutes appropriate proof of
identity for purposes of section 605A(d) of the Fair Credit Reporting
Act, as amended by this Act.
(c) Technical Amendment.--Section 603(q)(2) of the Fair Credit
Reporting Act (15 U.S.C. 1681a(q)(2)) is amended--
(1) in the heading for such paragraph, by striking ``active
duty alert'' and inserting ``active duty alert; active duty
freeze alert''; and
(2) by inserting ``and `active duty freeze alert''' before
``mean''.
SEC. 5. REPORT ON EFFECT ON PRIVACY OF VETERANS BY USE OF SOCIAL
SECURITY NUMBERS TO UNIQUELY IDENTIFY VETERANS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report on the
effect on the privacy of veterans of the use of social security numbers
to uniquely identify veterans.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) A description of such actions as the Secretary may have
taken to transition the Department of Veterans Affairs from the
use of social security numbers to uniquely identify veterans to
the use of alternative and safer unique identifiers.
(2) A description of such actions as the Secretary may have
taken to integrate the use by the Department of Veterans
Affairs of such alternative and safer unique identifiers with
the usage of unique identifiers by the Department of Defense.
(3) In a case in which the Secretary has not taken any
actions described in paragraph (1) or (2), an explanation as to
why such actions have not been taken and a description of the
actions the Secretary will take to protect the privacy of
veterans. | Servicemember and Veteran Protection Act of 2015 Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow members of the Armed Forces and National Guard to defer payments of principal on their Federal Family Education Loans, William D. Ford Federal Direct Loans, and Federal Perkins Loans for the period (up to 180 days) beginning on the date they receive a call or order to duty in connection with a war, military operation, or national emergency and ending on their first day of service. (Currently, the payment of principal on those loans is also deferred during their period of service and for the 180-day period after their demobilization date.) Allows individuals whose call to duty is cancelled before their first day of service: (1) due to a service training injury, to defer payments of principal on those loans through what would have been their period of service; and (2) for a reason other than a service training injury, to defer payments of principal on those loans for 14 days after that cancellation. Directs the Secretary of Defense, each fiscal year, to provide an increase in the rates of educational assistance payable to certain members of the Selected Reserve, which shall be not less than the percentage by which the average cost of undergraduate tuition in the United States for the last academic year exceeds the average cost of such tuition for the year before that academic year. (Currently, such percentage increase is based on increases in the Consumer Price Index over such period.) Amends the Fair Credit Reporting Act to require a consumer reporting agency, upon the request of an active duty military consumer or an individual acting on that consumer's behalf, to: include an active duty freeze alert in the file of that consumer and also provide that alert along with any credit score generated in using that file for at least 12 months, exclude the consumer for 2 years from any list of consumers prepared by the agency and provided to any third party to offer credit or insurance to the consumer as part of a transaction that was not initiated by the consumer, and refer the active duty freeze alert information to each of the other consumer reporting agencies that compile and maintain files on consumers on a nationwide basis. Requires each active duty freeze alert to notify prospective users of the consumer's credit report that the consumer does not authorize: (1) the establishment of any new credit plan or extension of credit in the consumer's name, (2) the issuance of an additional card on an existing credit account requested by a consumer, or (3) any increase in the credit limit on an existing credit account requested by a consumer. Prohibits prospective users of the credit report from taking such actions. Directs the Secretary of Veterans Affairs to report to Congress on the effect on the privacy of veterans of the use of social security numbers to uniquely identify veterans. | {"src": "billsum_train", "title": "Servicemember and Veteran Protection Act of 2015"} | 3,957 | 590 | 0.525708 | 1.816121 | 0.623324 | 3.695652 | 6.456522 | 0.873188 |
SECTION 1. NONREFUNDABLE CREDIT FOR ENERGY EFFICIENT TIRES.
(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 25D the
following new section:
``SEC. 25E. ENERGY EFFICIENT TIRES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to $15 for each qualified energy
efficient tire--
``(1) which is purchased by the taxpayer during the taxable
year for use by the taxpayer,
``(2) the original use of which commences with the
taxpayer, and
``(3) which is placed in service by the taxpayer during the
taxable year.
``(b) Definition.--For purposes of this section, the term
`qualified energy efficient tire' means a tire certified as a qualified
energy efficient tire pursuant to regulations issued under section
30123(d) of title 49, United States Code, that is purchased for use by
the taxpayer and not for resale.
``(c) Limitation Based on Amount of Tax.--In the case of a taxable
year to which section 26(a)(2) does not apply, the credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this subpart
(other than this section) and section 27 for the taxable year.
``(d) Carryforwards of Unused Credit.--
``(1) Rule for years in which all personal credits allowed
against regular and alternative minimum tax.--In the case of a
taxable year to which section 26(a)(2) applies, if the credit
allowable under subsection (a) for any taxable year exceeds the
limitation imposed by section 26(a)(2) for such taxable year
reduced by the sum of the credits allowable under this subpart
(other than this section and sections 23, 25D, and 1400C), such
excess shall be carried to the succeeding taxable year and
added to the credit allowable under subsection (a) for such
taxable year.
``(2) Rule for other years.--In the case of a taxable year
to which section 26(a)(2) does not apply, if the credit
allowable under subsection (a) for any taxable year exceeds the
limitation imposed by subsection (c) for such taxable year,
such excess shall be carried to the succeeding taxable year and
added to the credit allowable under subsection (a) for such
taxable year.''.
(b) Conforming Amendments.--
(1) Section 23 of such Code is amended--
(A) in subsection (b)(4)(B) by inserting ``and
section 25E'' after ``this section'', and
(B) in subsection (c)(1) by striking ``25D and''
and inserting ``25D, 25E, and''.
(2) Section 24(b)(3)(B) of such Code is amended by striking
``and 25B'' and inserting ``25B, 25E, and''.
(3) Clauses (i) and (ii) of section 25(e)(1)(C) of such
Code is both amended by inserting ``25E,'' after ``25D,''.
(4) Section 25D(c) of such Code is amended--
(A) in paragraph (1) by inserting ``and section
25E'' after ``this section'', and
(B) in paragraph (2) by striking ``and 25B'' and
inserting ``25B, and 25E''.
(5) Section 904(i) of such Code is amended by striking
``and 25D'' and inserting ``and 25E''.
(6) Section 1400C(d) of such Code is amended--
(A) in paragraph (1) by striking ``and section
25D'' and inserting ``, 25D, and 25E'', and
(B) in paragraph (2) by striking ``and 25D'' and
inserting ``25D, and 25E''.
(7) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code (relating to
nonrefundable personal credits) is amended by inserting after
the item relating to section 25D the following new item:
``Sec. 25E. Energy efficient tires.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
December 31, 2006.
SEC. 2. ENERGY EFFICIENT TIRE LABELING.
Section 30123 of title 49, United States Code, is amended by
inserting after subsection (c) the following:
``(d) Energy Efficient Tire Labeling.--(1) The Secretary shall, by
regulation, establish a system for the permanent labeling of tires,
with respect to energy efficiency, similar to the system for other tire
attributes contained in section 575.104 of title 49, Code of Federal
Regulations. Such regulations shall establish criteria for certifying
replacement passenger tires as qualified energy efficient tires.
``(2) The primary factor for certifying replacement tires as
qualified energy efficient tires under the regulations required by this
subsection shall be achieving a rolling resistance coefficient that is
at least 10 percent lower than the average rolling resistance
coefficient (determined by mathematical mean) among replacement
passenger car tires of comparable price, size, traction, speed
capability, and wear resistance, as determined for the year 2006.
``(3) No replacement tire shall be certified as a qualified energy
efficient tire under the regulations required by this subsection if
such tire has--
``(A) a uniform tire quality grade rating below--
``(i) grade `A' for traction;
``(ii) grade `300' for treadwear; or
``(iii) grade `B' for temperature; and
``(B) a speed rating of S or T.
``(4) As used in this subsection--
``(A) the term `uniform tire quality grade' means the grade
given a tire under the National Highway Traffic Safety
Administration's Uniform Tire Quality Grading System (section
575.104 of title 49, Code of Federal Regulations);
``(B) the term `rolling resistance coefficient' means the
value of the rolling resistance force divided by the wheel
load, as determined by the `SAE J1269' or `SAE J2452' tests
developed by the Society of Automotive Engineers; and
``(C) the term `replacement passenger car tires' means
passenger car tires within the scope of section 575 of title
49, Code of Federal Regulations, that are not original tires
included on a passenger vehicle by the vehicle manufacturer.''. | Amends the Internal Revenue Code to allow individual taxpayers a nonrefundable tax credit for the purchase of tires certified by the Department of Transportation as energy efficient.
Requires the Secretary of Transportation to establish a system for the permanent labeling of tires as energy efficient. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for the purchase of energy efficient tires."} | 1,582 | 58 | 0.530614 | 1.228303 | 0.431776 | 2.875 | 29.395833 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Advocate Act of 2008''.
SEC. 2. PATIENT ASSISTANCE GRANTS DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Health and Human Services shall
establish a demonstration program under which the Secretary may make
grants to State, local and tribal entities, and public or private non-
profit organizations for the development and operation of programs to
provide services for patients to resolve health insurance, job
retention, and debt crisis matters related to the patients' diagnosis
and illness, including services described in subsection (b) to improve
health care outcomes.
(b) Use of Funds.--A recipient of a grant under this section shall
use the grant for the purposes of recruiting, assigning, training, and
employing patient health advocates (as defined in subsection (m)(2))
who have direct knowledge of the communities they serve to facilitate
the care of individuals, including by performing each of the following
services (and by ensuring that such services are available to such
communities):
(1) Acting as contacts, including by assisting in the
coordination of health care services and provider referrals,
for individuals who are seeking prevention or early detection
services for, or who following a screening or early detection
service are found to have a symptom, abnormal finding, or
diagnosis of, an adverse health condition.
(2) Facilitating the involvement of community organizations
in assisting individuals who are at risk for or who have an
adverse health condition to receive better access to high-
quality health care services (such as by creating partnerships
with patient advocacy groups, charities, health care centers,
community hospice centers, other health care providers, or
other organizations in the targeted community).
(3) Notifying individuals of clinical trials and, on
request, facilitating enrollment of eligible individuals in
these trials.
(4) Anticipating, identifying, and helping individuals to
overcome barriers within the health care system to ensure
prompt diagnosis and treatment.
(5) Coordinating with the relevant health insurance
ombudsman programs to provide information to individuals about
health coverage, including private insurance, health care
savings accounts, and other publicly funded programs (such as
the Medicare, the Medicaid, and State children's health
insurance programs under titles XVIII, XIX, and XXI of the
Social Security Act, respectively, health programs operated by
the Department of Veterans Affairs or the Department of
Defense, and any private or governmental prescription
assistance programs).
(6) Conducting ongoing outreach to health disparity
populations, including the uninsured, rural populations, and
other medically underserved populations, in addition to
assisting other individuals to seek preventive care.
A recipient of a grant under subsection (a) may use such grant for
operational costs of any activity carried out by such entity for the
purposes described in the previous sentence.
(c) Prohibitions.--
(1) Referral fees.--The Secretary of Health and Human
Services shall require each recipient of a grant under this
section to prohibit any patient health advocate providing
services under the grant from accepting any referral fee,
kickback, or other thing of value in return for referring an
individual to a particular health care provider.
(2) Legal fees and costs.--The Secretary of Health and
Human Services shall prohibit the use of any grant funds
received under this section to pay any fees or costs resulting
from any litigation, arbitration, mediation, or other
proceeding to resolve a legal dispute.
(d) Grant Period.--
(1) Initial grant period and permissible extensions.--
Subject to paragraph (2), the Secretary of Health and Human
Services--
(A) may award grants under this section for initial
periods of not more than 3 years; and
(B) may extend the period of a grant under this
section so long as each such extension is for a period
of not more than 1 year.
(2) Limitation.--In no case may the Secretary award an
initial grant or extend the period of a grant under this
section for a period ending after the date that is 5 years
after the date of the enactment of this Act.
(e) Application.--
(1) In general.--To seek a grant under this section, an
entity or organization described in subsection (a) shall submit
an application to the Secretary of Health and Human Services in
such form, in such manner, and containing such information as
the Secretary may require.
(2) Contents.--At a minimum, the Secretary shall require
each such application to outline how the entity or organization
involved will establish baseline measures and benchmarks that
meet the Secretary's requirements to evaluate program outcomes.
(f) Uniform Baseline Measures.--The Secretary of Health and Human
Services shall establish uniform baseline measures in order to properly
evaluate the impact of the programs funded under this section.
(g) Preference.--In making grants under this section, the Secretary
of Health and Human Services shall give preference to eligible entities
that demonstrate in their applications plans to utilize services
described in subsection (b) to overcome significant barriers in order
to improve health care outcomes in their respective communities.
(h) Duplication of Services.--An entity or organization that is
receiving Federal funds for services described in subsection (b) on the
date on which the entity or organization, respectively, submits an
application under subsection (e) may not receive a grant under this
section unless the entity or organization, respectively, can
demonstrate that amounts received under the grant will be utilized to
expand services or provide new services to individuals who would not
otherwise be served.
(i) Coordination With Other Programs.--The Secretary of Health and
Human Services shall ensure coordination of the demonstration program
under this section with existing authorized programs in order to
facilitate access to high-quality health care services.
(j) Study; Reports.--
(1) Final report by secretary.--Not later than 6 months
after the completion of the demonstration program under this
section, the Secretary of Health and Human Services shall
conduct a study of the results of the program and submit to the
Congress a report on such results that includes the following:
(A) An evaluation of the program outcomes,
including--
(i) quantitative analysis of baseline and
benchmark measures; and
(ii) aggregate information about the
individuals served and program activities.
(B) Recommendations on whether the programs funded
under this section could be used to improve patient
outcomes in other public health areas.
(2) Interim reports by secretary.--The Secretary of Health
and Human Services may provide interim reports to the Congress
on the demonstration program under this section at such
intervals as the Secretary determines to be appropriate.
(3) Reports by grantees.--The Secretary of Health and Human
Services may require each recipient of a grant under this
section to submit interim and final reports on the programs
carried out by such recipient with such grant.
(k) Rule of Construction.--This section shall not be construed to
authorize funding for the delivery of health care services (other than
the services listed in subsection (b)).
(l) Nondiscrimination.--
(1) Treatment as federal financial assistance.--For the
purpose of applying the prohibitions against discrimination on
the basis of age under the Age Discrimination Act of 1975 (42
U.S.C. 6101 et seq.), on the basis of disability under section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), on the
basis of sex under title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.), or on the basis of race, color, or
national origin under title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), programs and activities funded or
otherwise financially assisted in whole or in part under this
Act (whether through grant, contract, or otherwise) are
considered to be programs and activities receiving Federal
financial assistance.
(2) Prohibition of discrimination regarding participation,
benefits, and employment.--
(A) In general.--No individual shall be excluded
from participation in, denied the benefits of,
subjected to discrimination under, or denied employment
in the administration of or in connection with, any
program or activity funded or otherwise financially
assisted in whole or in part under this Act because of
race, color, religion, sex, national origin, age,
disability, or political affiliation or belief.
(B) Enforcement.--The powers, remedies, and
procedures set forth in title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.) shall be the
powers, remedies, and procedures this paragraph
provides to the Secretary concerning a violation of
subparagraph (A).
(m) Definitions.--In this section:
(1) Health disparity population.--The term ``health
disparity population'' means a population that, as determined
by the Secretary of Health and Human Services, has a
significant disparity in the overall rate of disease incidence,
prevalence, morbidity, mortality, or survival rates as compared
to the health status of the general population.
(2) Patient health advocate.--The term ``patient health
advocate'' means, with respect to a program developed by a
recipient of a grant under this section, an individual who has
completed a certified social work program (or program in a
related field) approved by such recipient, or has attained an
equivalent level of proficiency through organization-sponsored
training or work experience in areas of social work, case work,
or nursing.
(n) Authorization of Appropriations.--
(1) In general.--To carry out this section, there are
authorized to be appropriated $10,000,000 for each of the
fiscal years 2009 through 2013 .
(2) Availability.--The amounts appropriated pursuant to
paragraph (1) shall remain available for obligation through the
end of fiscal year 2013. | Patient Advocate Act of 2008 - Requires the Secretary of Health and Human Services to establish a demonstration program under which the Secretary may make grants for the development and operation of programs to provide services for patients to resolve health insurance, job retention, and debt crisis matters related to the patients' diagnosis and illness. Includes as services to be provided by grant recipients: (1) acting as contacts for individuals who are seeking prevention or early detection services or treatment for an adverse health condition; (2) facilitating the involvement of community organizations in assisting individuals to receive better access to high-quality health care services; (3) notifying individuals of clinical trials and facilitating enrollment of individuals in trials; (4) anticipating, identifying, and helping individuals to overcome barriers within the health care system to ensure prompt diagnosis and treatment; (5) coordinating with the relevant health insurance ombudsman programs to provide information to individuals about health coverage; and (6) conducting ongoing outreach to health disparity populations in addition to assisting other individuals to seek preventive care.
Directs the Secretary to: (1) require grantees to prohibit any patient health advocate providing services under the grant from accepting any referral fee, kickback, or other thing of value in return for referring an individual to a particular health care provider; and (2) prohibit the use of any grant funds to pay any fees or costs resulting from any proceeding to resolve a legal dispute.
Sets forth provisions prohibiting discrimination in any program or activities funded or otherwise financially assisted under this Act. | {"src": "billsum_train", "title": "To require the Secretary of Health and Human Services to carry out a demonstration grants program to provide for certain patient coordination, outreach, and assistance services to reduce barriers to receiving health care and improve health care outcomes."} | 2,098 | 313 | 0.702343 | 2.122026 | 0.839147 | 6.694915 | 6.759322 | 0.972881 |
SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Clarify Workers
Misclassification in the Construction Industry Act''.
(b) Findings.--Congress makes the following findings:
(1) Worker misclassification in the construction industry
has reached epidemic proportions. Studies from California,
Tennessee, Florida, Texas, New Jersey, and other States detail
hundreds of millions of dollars in lost employment and income
taxes because of improper classification of workers for
taxation in the construction industry. New Jersey revenue
collection officials have indicated that $535 million in taxes
in the State are lost due to worker misclassification.
(2) Worker misclassification takes place at construction
projects involving military bases, hospitals, universities,
convention centers, and major hotels.
(3) There is significant anecdotal evidence that a large
number of workers in the construction industry are currently
being misclassified as independent contractors in order to
avoid tax withholding and other employer responsibilities, but
the Internal Revenue Service is barred from issuing rules or
guidance to reclassify these workers by section 530 of the
Revenue Act of 1978.
(4) Legitimate construction contractors are unable to
compete with contractors who avoid employment and income taxes
through misclassification. This creates competitive pressure on
other contractors to also misclassify employees to remain
competitive. States, leading contractors, and construction
labor leaders agree that government action is needed to reverse
this spiral.
(5) According to the Internal Revenue Service, a dollar
spent on tax enforcement typically yields an additional six
dollars in revenue to the Treasury. This figure does not
include revenue gained from deterring misclassification which
would increase tax revenue significantly beyond the level
projected.
(c) Purposes.--The purposes of this Act are to increase efforts to
identify and reduce misclassification, to prosecute tax evasion in the
construction industry, and provide the Secretary of the Treasury the
resources necessary to accomplish these objectives.
SEC. 2. DIRECTIVES AND AUTHORITIES TO IMPROVE TAX COMPLIANCE IN THE
CONSTRUCTION INDUSTRY.
(a) Enforcement Actions.--The Secretary of the Treasury shall
initiate an enforcement initiative aimed at increasing tax compliance
in the construction industry. Measures taken to implement this
initiative shall include:
(1) Consultations with industry experts and leaders on the
scope and priorities of this initiative, including the
Secretary of Labor, State government officials, the General
Accountability Office, leading private sector construction
organizations, and labor organizations involved in the
construction industry.
(2) Targeted tax audits of major construction contractors
that the Secretary finds reason to believe may not be in
compliance with applicable Federal tax laws.
(3) Civil and criminal tax enforcement actions under
existing legal authorities.
(4) Educational efforts aimed at entities in the
construction industry to increase voluntary tax compliance.
(b) Authority To Issue Guidance Clarifying Employment Status for
Purposes of Employment Taxes.--
(1) In general.--Notwithstanding any other provision of law
including section 530 of the Revenue Act of 1978, the Secretary
shall promulgate rules and issue guidance to reclassify
individuals who are not currently being treated as employees
consistent with the proper classification of employees under
common law standards within the construction industry.
(2) Restriction to construction industry.--Any rules or
guidance under paragraph (1) shall apply only with respect to
services provided within the construction industry.
(3) Effective date.--Any rules or guidance under paragraph
(1) shall not take effect before the date which is 180 days
after the date of the enactment of this Act.
(c) Resources.--The Secretary shall reassign personnel and
resources from other activities to carry out this Act.
(d) Oversight and Review.--
(1) Annual reports by treasury.--The Secretary shall submit
an annual written report to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate regarding the implementation of this Act together
with any recommendations for further action by Congress which
would be consistent with the purposes of this Act.
(2) Study and report by comptroller general.--The
Comptroller General of the United States shall conduct a
comprehensive study of the various forms of tax fraud,
including employee misclassification, in the construction
industry, efforts to combat such fraud, and recommendations for
further action. Not later than June 30, 2017, the Comptroller
General shall submit a written report to the Committee on Ways
and Means of the House of Representatives and the Committee on
Finance of the Senate detailing the results of such study.
(e) Definitions.--For purposes of this section--
(1) Construction industry.--The term ``construction
industry'' means all general contractors and operative builders
primarily engaged in the remodeling, addition, or construction
of residential, farm, industrial, commercial, or other
buildings including wharves or other structures attached to
land.
(2) Secretary of the treasury.--The terms ``Secretary of
the Treasury'' and ``Secretary'' mean the Secretary of the
Treasury or the Secretary's designee.
(f) Termination.--This section, and any rules promulgated or
guidance issued under subsection (b), shall cease to have any force or
effect after September 30, 2021. | Clarify Workers Misclassification in the Construction Industry Act This bill requires the Department of the Treasury to initiate an enforcement initiative to increase tax compliance in the construction industry. The initiative must include: consultations with industry experts and leaders on its scope and priorities, targeted tax audits of major construction contractors that may not be in compliance with federal tax laws, civil and criminal tax enforcement actions under existing authorities, and educational efforts aimed at increasing voluntary tax compliance in the construction industry. Treasury must promulgate rules and issue guidance to reclassify individuals who are not currently being treated as employees consistent with the proper classification of employees under common law standards within the construction industry. In implementing this bill, Treasury must: (1) reassign personnel and resources from other activities to carry out this bill, and (2) report to Congress on the implementation and recommendations for further congressional action. The Government Accountability Office must study the various forms of tax fraud (including employee misclassification) in the construction industry, efforts to combat fraud, and recommendations for further action. | {"src": "billsum_train", "title": "Clarify Workers Misclassification in the Construction Industry Act"} | 1,143 | 212 | 0.647954 | 1.979956 | 0.956937 | 4.131707 | 5.092683 | 0.902439 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pool and Spa
Safety Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Recommended swimming pool safety standards.
Sec. 4. State swimming pool safety grant program.
Sec. 5. National education program.
Sec. 6. Definitions.
Sec. 7. CPSC reports.
SEC. 2. FINDINGS.
The Congress finds that--
(1) drowning is the leading cause of death in children
under 4 and the second leading cause of death in children 14
and under in the United States;
(2) many children drown due to pool and spa drowning and
entrapment, such as Virginia Graeme Baker, who at age 7 drowned
by entrapment in a residential spa, and Preston de Ibern, who
at age 5 nearly drowned and was left permanently brain damaged,
finally succumbing to his catastrophic health care issues when
he was 12 years old;
(3) in 2003, 782 children ages 14 and under died as a
result of unintentional drowning;
(4) from 1985 to 2004, at least 33 children ages 14 and
under died as a result of pool and spa entrapment;
(5) adult supervision at all aquatic venues is a critical
safety factor in preventing children from drowning; and
(6) research studies show that the installation and proper
use of barriers or fencing, as well as additional layers of
protection, could substantially reduce the number of childhood
residential swimming pool drownings and near drownings.
SEC. 3. RECOMMENDED SWIMMING POOL SAFETY STANDARDS.
(a) In General.--
(1) Safety standards.--Within 90 days after the date of
enactment of this Act, the Commission shall issue an advance
notice of proposed rulemaking to establish recommended minimum
State law standards for swimming pools and spas with respect
to--
(A) enclosure of the pool or spa by barriers to
entry that will effectively prevent small children from
gaining unsupervised access to the pool or spa; and
(B) devices and systems designed to prevent
entrapment of children by pool or spa drains.
(2) Deadline.--The Commission shall issue the recommended
minimum standards as a final rule within 18 months after it
issues the advance notice of proposed rulemaking.
(3) Status of standards.--
(A) In general.--The standards promulgated by the
Commission under this section--
(i) shall be advisory in nature;
(ii) shall not prevent the Commission from
subsequently promulgating standards regulating
pool and spa safety or from relying on an
applicable national performance standard;
(iii) shall not be promulgated as a
consumer product safety rule; and
(iv) shall be used by the Commission solely
for the purpose of determining the eligibility
of a State for a grant under section 4 of this
Act.
(B) Enforcement.--The Commission may not enforce
any standard promulgated under this section except for
the purpose of determining the eligibility of a State
for a grant under section 4 of this Act.
(4) Guidelines.--In promulgating standards under this Act,
the Commission shall give strong consideration to published
Commission guidelines and, where applicable, existing national
performance standards.
(b) Minimum Standards for Pools and Spas.--In promulgating
recommended minimum State law standards for swimming pools and spas
under subsection (a), the Commission, at a minimum, shall require
that--
(1) any outdoor swimming pool or spa is enclosed by an
appropriate fence or other barrier;
(2) any swimming pool or spa with a main drain is equipped,
at a minimum, with a drain cover that meets the requirements of
subsection (d)(2)(A); and
(3) new pools with a main drain are equipped with at least
2 drains, or a single, unblockable drain, and drain covers that
meet the requirements of subsection (d)(2)(A).
(c) Basic Access-Related Safety Devices and Equipment.--In
promulgating the swimming pool and spa standard, the Commission shall
require the following:
(1) Barrier or fence.--A requirement that any outdoor
swimming pool is to be protected by a wall, fence, enclosure,
or other natural or constructed barrier that--
(A) entirely encloses the pool by at least a 4-foot
high wall, fence, enclosure, or other barrier (which
may include the wall or side of a residence or other
building, provided such wall or side of a building does
not contain a door or a window);
(B) has no opening (other than a gate as described
in subparagraph (D)) through which a spherical object 4
inches in diameter can pass;
(C) has horizontal components spaced not less than
36 inches apart measured vertically or placed on the
pool side of the wall, fence, enclosure, or barrier and
does not have any opening greater than 2 inches
measured horizontally (including wire mesh or chain
link fences that have a maximum mesh size of 2 inches
measured horizontally);
(D) has a gate that--
(i) is self-closing and self-latching; and
(ii) opens outward from the pool;
(E) does not contain openings, handholds, or
footholds accessible from the exterior side of the
enclosure that can be used to climb the wall, fence,
screen enclosure, or barrier; and
(F) has a clearance at the bottom of not more than
4 inches above the ground.
(2) Above-ground pools.--A requirement that any swimming
pool that is an above-ground swimming pool--
(A) has exterior sides that are non-climbable and
are at least 4 feet high, at a minimum; and
(B) if it has an access ladder or steps, the ladder
or steps are removable without tools or able to be
secured with a latching device when the pool is not in
use.
(3) Exemption.--In promulgating the swimming pool and spa
safety standard, the Commission shall provide an exemption from
any such requirements for a hot tub, spa, or portable spa that
has a lockable cover that meets ASTM standard F1346 where such
cover is in place and locked when the hot tub, spa, or portable
spa is not in use.
(d) Entrapment, Entanglement, and Evisceration Prevention
Standards.--In promulgating the swimming pool and spa standard, the
Commission shall require, at a minimum, the following:
(1) New pools.--For new swimming pools constructed with a
main drain, a requirement that any such pool be equipped with--
(A) a drain system that contains at least a single,
unblockable drain, or 2 suction outlets per pump,
placed at least 3 feet apart or located on 2 different
planes or surfaces, that prevent any single drain from
becoming the sole inlet to the suction side of the
pump; or
(B) any other swimming pool drainage system that
meets the standards of the American National Standards
Institute (as published by the American Society of
Mechanical Engineers) or the American Society for
Testing and Materials.
(2) All pools.--For all swimming pools, regardless of when
constructed, a requirement that, unless the pool is constructed
without a main drain, the pool be equipped with--
(A) a suction outlet drain cover that meets ANSI/
ASME standard A112.19.8M, is permanently marked with a
maximum flow rating, and is anchored with non-corrosive
fasteners, unless the drain is a single, unblockable
drain; and
(B) 1 or more of the following:
(i) A safety vacuum release system which
ceases operation of the pump, reverses the
circulation flow, or otherwise provides a
vacuum release at a suction outlet when a
blockage is detected, that has been tested by
an independent third party and found to conform
to ANSI/ASME standard A112.19.17 or ASTM
standard F2387.
(ii) A suction-limiting vent system with a
tamper-resistant atmospheric opening.
(iii) A gravity drainage system that
utilizes a collector tank.
(iv) Any other system that meets the
standards of the American National Standards
Institute (as published by the American Society
of Mechanical Engineers) or the American
Society for Testing and Materials.
SEC. 4. STATE SWIMMING POOL SAFETY GRANT PROGRAM.
(a) In General.--Subject to the availability of appropriations
authorized by subsection (e), the Commission shall establish a grant
program to provide assistance to States in hiring and training State
and local government employees in implementing and enforcing State
swimming pool safety standards enacted by the State, educating the
public about swimming pool and spa safety related to their use by
children, and administering swimming pool and spa safety programs.
(b) Eligibility.--To be eligible for a grant under the program, a
State shall--
(1) demonstrate to the satisfaction of the Commission that
it has a State statute, or that, after the date of enactment of
this Act, it has enacted a statute, or amended an existing
statute, and provides for the enforcement of, a law that--
(A) applies to all swimming pools in the State; and
(B) meets the minimum recommended swimming pool and
spa safety standards promulgated by the Commission
under section 3; and
(2) submit an application to the Commission at such time,
in such form, and containing such additional information as the
Commission may require.
(c) Amount of Grant.--The Commission shall determine the amount of
a grant awarded under this Act, and shall consider the population and
relative enforcement needs of each qualifying State in awarding grants.
(d) Use of Grant Funds.--A State receiving a grant under this
section shall use--
(1) at least 50 percent of amount made available to hire
and train enforcement personnel for implementation and
enforcement of standards under the State swimming pool and spa
safety law; and
(2) the remainder--
(A) to educate pool owners and operators about the
standards under the swimming pool and spa safety law
and to educate such owners and operators and the
general public about the prevention of children from
drowning and entrapment in swimming pools and spas; and
(B) to educate pool construction and installation
companies and pool service companies about the
standards.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of fiscal years 2008 through
2012 $10,000,000 to carry out this section.
SEC. 5. NATIONAL EDUCATION PROGRAM.
(a) In General.--The Commission shall establish and carry out a
national education program to inform the public of methods to prevent
drowning and entrapment in swimming pools and spas. In carrying out the
program, the Commission shall develop--
(1) educational materials designed for pool manufacturers,
pool service companies, and pool supply retail outlets;
(2) educational materials designed for pool owners and
operators; and
(3) a national media campaign to promote awareness of pool
and spa safety and drowning prevention.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of fiscal years 2008 through
2012 $5,000,000 to carry out the education program authorized by
subsection (a).
SEC. 6. DEFINITIONS.
In this Act:
(1) ANSI/ASME standard.--The term ``ANSI/ASME standard''
means a safety standard accredited by the American National
Standards Institute and published by the American Society of
Mechanical Engineers.
(2) ASTM standard.--The term ``ASTM standard'' means a
safety standard issued by ASTM International, formerly known as
the American Society for Testing and Materials.
(3) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(4) New pool.--The term ``new pool'' means any pool
constructed more than 180 days after the effective date of a
State statute enacted or amended after the date of enactment of
this Act to establish State minimum swimming pool and spa
safety standards that meet the recommended standards
promulgated by the Commission under section 3.
(5) Safety vacuum release system.--The term ``safety vacuum
release system'' means a vacuum release system capable of
providing vacuum release at a suction outlet caused by a high
vacuum occurrence due to a suction outlet flow blockage.
(6) Single, unblockable drain.--The term ``single,
unblockable drain'' means a drain of any size and shape that a
human body cannot sufficiently block to create a suction
entrapment hazard.
(7) Suction outlet drain cover.--The term ``suction outlet
drain cover'' means a drain cover which is designed to help
prevent mechanical, body and hair entrapment and evisceration.
(8) Swimming pool; spa.--The term ``swimming pool'' or
``spa'' means any outdoor or indoor structure intended for
swimming or recreational bathing, including in-ground and
above-ground structures, and includes hot tubs, spas, portable
spas, and non-portable wading pools.
SEC. 7. CPSC REPORTS.
(a) Rulemaking Progress.--The Commission shall report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce within 1 year after
the date of enactment of this Act on its progress toward issuing a
final rule under section 3. The Commission shall include in the report
an explanation of its reason for recommending certain standards or
safety devices over other, alternative standards or safety devices.
(b) Efficacy of Grant Program.--Within 1 year after the close of
each fiscal year for which grants are made under section 4, the
Commission shall submit a report to the Congress evaluating the
effectiveness of the grant program authorized by that section. | Pool and Spa Safety Act - Requires the Consumer Product Safety Commission (CPSC) to establish recommended state law standards meeting specified minimum requirements for: (1) enclosure of swimming pools and spas by barriers to prevent unsupervised access by small children; and (2) systems to prevent entrapment of children by pool or spa drains.
Requires the CPSC to establish: (1) a grant program to provide assistance to states in hiring and training government employees in implementing and enforcing state pool safety standards, educating the public about pool and spa safety, and administering safety programs; and (2) a national education program to inform the public of methods to prevent drownings and entrapment in pools and spas. | {"src": "billsum_train", "title": "To increase the safety of swimming pools and spas by establishing a swimming pool safety grant program administered by the Consumer Product Safety Commission to encourage States to improve their pool and spa safety laws, to educate the public about pool and spa safety, and for other purposes."} | 3,088 | 156 | 0.64346 | 1.924847 | 0.923217 | 4.24812 | 21.195489 | 0.969925 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Conservation
Incentives Program Act of 1995''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment and administration of conservation incentive
program.
Sec. 4. Program priorities and coordination.
Sec. 5. Duties of operators.
Sec. 6. Duties of the secretary.
Sec. 7. Eligible lands.
Sec. 8. Funding.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation practice.--The term ``conservation
practice'' means a structural practice, vegetative practice, or
management practice that is used to protect soil, water, and
related resources and is tailored to local resource conditions.
(2) Structural practice.--The term ``structural practice''
means a practice or measure that is constructed, such as a
waste treatment lagoon, waste storage structure, terrace,
grassed waterway, and such other structures as the Secretary
considers appropriate.
(3) Vegetative practice.--The term ``vegetative practice''
means a practice or measure that uses vegetation to protect
soil, water, and related resources, such as the use of crop
rotation, cover crops, wildlife plantings, and such other
practices as the Secretary considers appropriate.
(4) Management practice.--The term ``management practice''
means a practice or measure that is used to manage crops,
livestock, nutrients, or pesticides, and such other practices
as the Secretary considers appropriate.
(5) Program plan.--The term ``program plan'' means a plan
that includes an evaluation of the farm or ranch resources, a
record of resource management decision made by the farmer or
rancher, a schedule for implementing the plan components, a
list of conservation practices eligible for cost-share and
incentives, and an estimated total cost of the plan.
(6) Large confined livestock operations.--The term ``large
confined livestock operation'' means a farm or ranch that--
(A) is a confined animal feeding operation; and
(B) has more than--
(i) 700 mature dairy cattle;
(ii) 1,000 beef cattle;
(iii) 100,000 laying hens or broilers;
(iv) 55,000 turkeys;
(v) 2,500 swine; or
(vi) 10,000 sheep or lambs.
(7) Operator.--The term ``operator'' means a person who is
engaged in crop or livestock production as defined by the
Secretary.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. ESTABLISHMENT AND ADMINISTRATION OF CONSERVATION INCENTIVE
PROGRAM.
(a) Establishment.--During the fiscal years 1996 through 2005, the
Secretary shall carry out a conservation incentive program under this
Act to provide technical assistance, cost-sharing payments, and
incentive payments to operators who enter into contracts with the
Secretary to develop and implement conservation practices.
(b) Purpose.--It is the purpose of the conservation incentive
program--
(1) to carry out a conservation program that uses
incentives and technical assistance to solve locally identified
resource problems from agricultural activities and that
provides--
(A) flexible technical and financial assistance to
operators that face the most serious threats to soil,
water, and related resources, including grazing lands,
wetlands, and wildlife habitat;
(B) assistance to operators in complying with
Federal and State environmental laws, and encourages
long term agricultural sustainability;
(C) assistance to operators in making beneficial,
cost-effective changes to cropping systems, grazing
management, manure management, nutrient, pest, or
irrigation management, land uses, or other measures
needed to conserve and improve soil, water, and related
natural resources; and
(D) simplification of the conservation planning
process to reduce administrative burdens on operators.
(2) to complement other Federal and State programs to
provide--
(A) optimum and effective use of available Federal
and State programs at the local level where resource
problems exist;
(B) coordination of the Federal and State programs
through the State technical committees established
under section 1261 of the Food Security Act of 1985 (16
U.S.C. 3861); and
(C) development of a performance measurement
process for each local resource problem area that
reflects progress in program implementation and
resolution of the resource problem.
(c) Types of Assistance.--
(1) Technical assistance.--The Secretary shall use
conservation incentive program funds to provide operators with
technical assistance to develop a program plan and design
program plan components. An operator who develops and
implements a program plan approved by the Natural Resources
Conservation Service and the local conservation district shall
be eligible for additional technical assistance from
conservation incentive program funds, including assistance in
laying out the program plan components on the farm or ranch,
training on operation and maintenance of the plan components,
and assistance in evaluating program plan performance.
(2) Cost-share.--Structural practices and vegetative
practices shall be eligible for cost-share payments or
technical assistance, or both, as determined by the Secretary.
(3) Incentive payments.--Management practices shall be
eligible for incentive payments or technical assistance, or
both, as determined by the Secretary.
(d) Contracts.--
(1) Term and conditions.--A contract between an operator
and the Secretary under the conservation incentives program
may--
(A) apply to 1 or more conservation practices;
(B) have a term of not more than 10 years, as
determined appropriate by the Secretary, depending on
the conservation practice or practices covered by the
contract; and
(C) provide cost-share and incentive payments.
(2) Concurrence of owner.--If the operator is a tenant, the
operator shall obtain the concurrence of the owner of the land
before the conservation incentive program contract is accepted
by the Secretary.
(e) Provision of Assistance.--
(1) Limitations on amount of payments.--The total amount of
cost-share and incentive payments paid to a person under the
conservation incentives program may not exceed--
(A) $10,000 for any fiscal year for one year
contract; or
(B) $75,000 for any multiyear contract.
(2) Payment increments.--The Secretary shall make payments
for multiyear contracts in annual increments. The entire
contract obligation may be paid in one year when the operator
is required to make a major initial investment based on the
contract, as determined by the Secretary.
(3) Federal share of cost-share payments.--The Federal
share of cost-share payments to an operator proposing to
implement 1 or more structural or vegetative practices, or
both, as part of an approved program plan shall not receive
more than 75 percent of the projected cost of the practice, as
determined by the Secretary.
(4) Special rule for livestock operations.--An operator of
a large confined livestock operation shall not be eligible for
cost-sharing on structural and vegetative practices to
construct an animal waste management facility, but shall be
eligible for incentive payments and technical assistance. An
operator of a confined livestock operation, regardless of size,
that has been in operation for less than 5 years shall not be
eligible for cost-share on structural and vegetative practices
to construct an animal waste management facility, but shall be
eligible of technical assistance.
(5) Federal share of incentive payments.--The Secretary
shall make incentive payments in an amount and at a rate
determined by the Secretary to be necessary to encourage an
operator to perform 1 or more management practices, when
necessary to attain the purposes of the conservation incentives program
and in the public interest as determined by the Secretary.
(6) Funding for technical assistance.--The Secretary shall
allocate funding for the provision of technical assistance
according to the purpose and projected cost for which the
technical assistance is provided in a fiscal year. The receipt
of technical assistance under the conservation incentives
program shall not affect the eligibility of the operator to
receive technical assistance under other authorities of law
available to the Secretary.
(f) Modification or Termination of Contracts.--
(1) Voluntary modification or termination.--The Secretary
may modify or terminate a contract entered into with an
operator under the conservation incentives program if--
(A) the operator agrees to the modification or
termination; and
(B) the Secretary determines that the modification
or termination is in the public interest.
(2) Involuntary termination.--The Secretary may terminate a
contract under the conservation incentives program if the
Secretary determines that the operator violated the contract.
(g) Non-Federal Assistance.--The Secretary may request the services
of a State water quality agency, State fish and wildlife agency, State
forestry agency, or any other governmental or private resource
considered appropriate to assist in providing the technical assistance
necessary for the development and implementation of a conservation
practice.
(h) Regulations.--Within 180 days after the date of the enactment
of this Act, the Secretary shall issue regulations to administrator of
the conservation incentive program.
SEC. 4. PROGRAM PRIORITIES AND COORDINATION.
(a) Priorities.--The Secretary shall provide technical assistance,
cost-share payments, and incentive payments to operators in a region,
watershed, or conservation priority area under the conservation
incentives program based on the significance of the soil, water, and
related natural resource problems in the region, watershed, or area.
(b) Coordination of Priorities.--The Secretary shall coordinate the
establishment of priorities within a State or multiple States for large
interstate regions with other Federal and State programs through the
State technical Committee established under section 1261 of the Food
Security Act of 1985 (16 U.S.C. 3861) to optimize program effectiveness
and maximize environmental benefits for per dollar of expenditures.
(c) Priority Criteria.--The Secretary shall establish national
criteria for selecting priority areas.
(d) State and Local Contributions.--The Secretary shall accord a
higher priority to operations located within watersheds, regions, or
conservation priority areas in which State or local governments have
provided or will provide, financial or technical assistance to the
operators for the same conservation or environmental purposes.
(e) Priority Lands.--The Secretary shall accord a higher priority
to installing conservation practices on lands on which agricultural
production has been determined to contribute to, or create, the
potential for failure to meet applicable water quality standards or
other environmental objectives of Federal and State law.
SEC. 5. DUTIES OF OPERATORS.
To receive technical assistance, cost-sharing payments, or
incentives payments under the conservation incentives program, an
operator shall agree--
(1) to implement a program plan that describes conservation
and environmental goals to be achieved through one or more
conservation practices approved by the Secretary;
(2) not to conduct any practices on the farm or ranch that
would tend to defeat the purpose of the conservation incentives
program;
(3) on the violation of a term or condition of the contract
at any time the operator has control of the land, to refund any
cost-sharing or incentive payment received with interest, and
forfeit any future payments under the conservation incentives
program, as determined by the Secretary;
(4) on the transfer of the right and interest of the
operator in land subject to the contract, unless the transferee
of the right and interest agrees with the Secretary to assume
all obligations of the contract, to refund all cost-sharing
payments and incentive payments received under the conservation
incentives program, as determined by the Secretary;
(5) to supply information as required by the Secretary to
determine compliance with the program plan and requirements of
the conservation incentives program; and
(6) to comply with such additional provisions as the
Secretary determines are necessary to carry out the
conservation incentives program.
SEC. 6. DUTIES OF THE SECRETARY.
To the extent appropriate, the Secretary shall assist an operator
in achieving the conservation and environmental goals of a program
plan--
(1) by providing an eligibility assessment of the farming
or ranching operation of the operator as a basis for developing
the program plan;
(2) by providing technical assistance in developing and
implementing the program plan;
(3) by providing technical assistance, cost-sharing
payments, or incentive payments for developing and implementing
conservation practices as provided in section 3;
(4) providing the operator with information, education, and
training to aid in implementation of the program plan; and
(5) encouraging the operator to obtain technical
assistance, cost-sharing payments, or grants from other
Federal, State, local, or private sources.
SEC. 7. ELIGIBLE LANDS.
Agricultural land on which one or more conservation practice shall
be eligible for technical assistance, cost-sharing payments, or
incentive payments under the conservation incentives program include--
(1) agricultural land (including cropland, rangeland,
pasture, and other land on which crops or livestock are
produced) that the Secretary determines poses a serious threat
to soil, water, or related resources by reason of the soil
types, terrain, climatic, soil, topographic, flood, or shine
characteristics, or other factors or natural hazards;
(2) an area that is considered to be critical agricultural
land on which either crop or livestock production is carried
out, as identified in a plan submitted by the State under
section 319 of the Federal Water Pollution Control Act (33
U.S.C. 1329) as having priority problems that result from an
agricultural nonpoint source of pollution;
(3) an area recommended by the State lead agency for
protection of soil, water, and related resources ad designated
by a Governor of a State; and
(4) land that is not located within a designated or approve
area, but that if permitted to continue to be operated under
existing management practices, would defeat the purpose of the
conservation incentives program, as determined by the
Secretary.
SEC. 8. FUNDING.
(a) Mandatory Expenses.--Secretary shall use the funds of the
Commodity Credit Corporation for each of the fiscal years 1996 through
2005 to carry out the conservation incentive program, including cost-
sharing payments, incentives payments, and technical assistance costs.
(b) Funding Limitations.--Funding for the conservation incentives
program from the Commodity Credit Corporation shall be limited to
$100,000,000 for fiscal year 1996 and $300,000,000 for each of fiscal
years 1997 through 2005.
(c) Distribution of Payments.--
(1) Livestock production.--Not less than 50 percent of the
funding for technical assistance, cost-sharing payments, and
incentive payments under the conservation incentive program
shall be for conservation practices relating to livestock
production.
(2) Limitation.--The Secretary may allocate less than 50
percent of the total program funding level for a fiscal year
for conservation practices relating to livestock production,
but in no case less than 35 percent, if the Secretary
determines that the 50 percent funding level is not reasonable
based on need and demand as expressed by conservation
incentives program participants. | Conservation Incentives Program Act of 1995 - Directs the Secretary of Agriculture to carry out a conservation incentives program to provide technical assistance, cost-sharing payments, and incentive payments to participating agricultural operators. Establishes a special rule and funding obligations for livestock operations.
Establishes program and land priorities. Sets forth: (1) duties of the operators and of the Secretary; and (2) eligible land categories.
Funds (with spending caps) such program through the Commodity Credit Corporation. | {"src": "billsum_train", "title": "Conservation Incentives Program Act of 1995"} | 3,191 | 102 | 0.520661 | 1.253931 | 0.67812 | 2.968421 | 32.242105 | 0.884211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Alien Deportation Act''.
SEC. 2. MANDATORY DETENTION AND PROMPT REMOVAL OF CERTAIN CRIMINAL
ALIENS.
(a) Detention.--Section 236(c) of the Immigration and Nationality
Act (8 U.S.C. 1226(c)(1)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking the comma at
the end and inserting a semicolon;
(B) in subparagraph (B), by striking the comma at
the end and inserting a semicolon;
(C) in subparagraph (C), by striking ``, or'' at
the end and inserting a semicolon;
(D) in subparagraph (D), by striking the comma at
the end and inserting ``; or''; and
(E) by inserting after subparagraph (D) the
following:
``(E)(i) is unlawfully present in the United
States, as determined by the Secretary of Homeland
Security; and
``(ii) is arrested for any offense described in
subparagraphs (A) through (D), the conviction of which
would render the alien inadmissible under section
212(a) or deportable under section 237(a),''; and
(2) in paragraph (2)--
(A) by striking ``The Attorney General'' and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (C), the Secretary of Homeland Security'';
(B) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary'';
(C) by striking ``Code, that release'' and
inserting the following: ``Code, that--
``(i) release'';
(D) by striking ``investigation, and the alien''
and inserting the following: ``investigation; and
``(ii) the alien'';
(E) by striking ``A decision relating to such
release'' and inserting the following:
``(B) Decision procedure.--A decision relating to a
release under subparagraph (A)''; and
(F) by adding at the end the following:
``(D) Aliens who have been arrested, but not
convicted.--The Secretary of Homeland Security may
release any alien held pursuant to paragraph (1)(E) to
the appropriate authority for any proceedings
subsequent to the arrest. The Secretary shall resume
custody of such alien during any period pending the
final disposition of any such proceedings when the
alien is not in the custody of such appropriate
authority. If the alien is not convicted of the offense
for which the alien was arrested, the Secretary shall
continue to detain the alien until removal proceedings
are completed.''.
(b) Prompt Removal.--Section 239(d) of the Immigration and
Nationality Act (8 U.S.C. 1229(d)) is amended by adding at the end the
following:
``(3) The Secretary of Homeland Security shall complete
removal proceedings for any alien held pursuant to section
236(c)(1)(E) not later than 90 days after such alien is
detained.''.
SEC. 3. EMERGENCY IMMIGRATION PERSONNEL.
(a) Goal.--It shall be the goal of the Attorney General, the
Secretary of Homeland Security, and the Director of the Executive
Office for Immigration Review to use the amounts appropriated pursuant
to subsection (d) to bring a prompt resolution to immigration cases
pertaining to aliens who are inadmissible under section 212(a)(2) or
237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a) and
1227(a)).
(b) Emergency Immigration Judges.--
(1) Designation.--Not later than 14 days after the date of
the enactment of this Act, the Attorney General shall designate
up to 100 temporary immigration judges, for renewable 6-month
terms, including by hiring retired immigration judges,
magistrate judges, administrative law judges, or other
qualified attorneys using the same criteria as applied to the
hiring of permanent immigration judges.
(2) Requirement.--The Attorney General shall ensure that
sufficient immigration judge resources are dedicated to
achieving the goal described in subsection (a).
(c) Immigration Litigation Attorneys.--The Secretary of Homeland
Security shall hire 150 new immigration litigation attorneys in the
Field Legal Operations of U.S. Immigration and Customs Enforcement to
ensure that the goal described in subsection (a) is achieved.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000 to carry out this section.
SEC. 4. SENSE OF THE SENATE REGARDING THE PROSECUTION OF FIRST TIME
ILLEGAL BORDER CROSSERS.
It is the sense of the Senate that--
(1) gains made in border security and positive trends in
recidivism rates are of critical importance to those living and
working in the border region and to the Nation as a whole;
(2) refusing to prosecute first time illegal border
crossers under Operation Streamline will jeopardize border
security gains;
(3) the border security steps that have led to some measure
of improvement on the border, such as the historical
implementation of Operation Streamline, should be preserved;
and
(4) appropriate officials of the executive branch should
immediately remove any issued or related prohibition, policy,
guidance, or direction to cease prosecuting first time illegal
border crossers under Operation Streamline.
SEC. 5. REPORTING REQUIREMENTS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Homeland Security shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives that includes the information specified in
subsection (b).
(b) Contents.--The report required under subsection (a) shall
describe--
(1) the number of aliens currently present in the United
States who have ever been arrested for a criminal offense;
(2) the number of aliens currently present in the United
States who have ever been convicted of a criminal offense;
(3) the number of aliens with final orders of removal who
are currently present in the United States and of such aliens--
(A) how many have ever been arrested for any
criminal offense; and
(B) how many have ever been convicted for any
criminal offense;
(4) the number of detainers that were issued by the
Department of Homeland Security during the previous fiscal year
and the number of such detainers that were honored; and
(5) during the previous fiscal year--
(A) the number of aliens who were deported not
later than 90 days after being detained by U.S.
Immigration and Customs Enforcement, as required under
section 239(d)(3) of the Immigration and Nationality
Act (8 U.S.C. 1229(d)) and the criminal offenses of
such aliens;
(B) of the aliens who should have been deported
under such section and were not deported within 90 days
of detention--
(i) the reasons the aliens were not
deported; and
(ii) the criminal offenses of such aliens;
and
(C) of the aliens who were released from the
custody of U.S. Immigration and Customs Enforcement and
not deported--
(i) the number of such aliens;
(ii) the criminal offenses committed by
such aliens;
(iii) the conditions of their release;
(iv) the number of aliens who committed a
crime after being released from custody; and
(v) a list of crimes committed by such
aliens. | Criminal Alien Deportation Act This bill amends the the Immigration and Nationality Act to require the detention of any alien who is: (1) unlawfully present in the United States; and (2) arrested for specified offenses, conviction of any of which would render the alien inadmissible or deportable. Release authority is transferred from the Department of Justice (DOJ) to the Department of Homeland Security (DHS), and amended to provide that DHS: may release an alien held pursuant to this Act to the appropriate authority for any proceedings subsequent to the arrest, shall resume custody of such alien during any period pending the final disposition of any such proceedings when the alien is not in the custody of the appropriate authority, and shall continue to detain until removal proceedings are completed any alien not convicted of the offense for which he or she was arrested. DHS shall complete removal proceedings for any such detained alien within 90 days. It shall be the goal of DOJ, DHS, and the Executive Office for Immigration Review to use funds authorized under this Act to resolve promptly cases pertaining to aliens inadmissible on specified criminal grounds. In order to help achieve this goal DOJ shall designate up to 100 temporary immigration judges and DHS shall hire 150 new immigration litigation attorneys. It is the sense of the Senate that: gains made in border security and positive trends in recidivism rates are of critical importance to those living and working in the border region and to the nation as a whole; refusing to prosecute first time illegal border crossers under Operation Streamline will jeopardize border security gains; border security steps that have led to improvement on the border, such as Operation Streamline, should be preserved; and appropriate executive branch officials should remove any issued or related prohibition, policy, or direction to cease prosecuting first time illegal border crossers under Operation Streamline. | {"src": "billsum_train", "title": "Criminal Alien Deportation Act"} | 1,766 | 400 | 0.458586 | 1.451998 | 0.762724 | 4.504225 | 4.301408 | 0.904225 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Pension Promotion Act
of 2011''.
SEC. 2. ALTERNATIVE VALUATION DATE FOR REQUIRED MINIMUM DISTRIBUTIONS.
If the Secretary of the Treasury determines there has been a
significant and broadly applicable decrease in the value of investment
assets held by defined contribution plans and individual retirement
accounts for any calendar year, the Secretary may--
(1) allow taxpayers to use a later valuation date than
would otherwise be required under Treasury Regulations to
determine the required minimum distribution for such year from
individual accounts under section 401(a)(9), 403(b)(10),
408(a)(6), 408(b)(3), or 457(d)(2) of the Internal Revenue Code
of 1986,
(2) allow additional time for making any such
distributions, and
(3) provide such other relief as may be appropriate in
light of such a decrease in investment asset values.
SEC. 3. DEDUCTION FOR PENSION AND IRA CONTRIBUTIONS ALLOWED IN
COMPUTING NET EARNINGS FROM SELF-EMPLOYMENT.
(a) In General.--Subsection (a) of section 1402 of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
paragraph (16), by striking the period at the end of paragraph (17) and
inserting ``, and'', and by inserting after paragraph (17) the
following new paragraph:
``(18) any deduction allowed under section 404 by reason of
section 404(a)(8)(C) (other than any deduction allowed for
elective deferrals (as defined in section 402(g)(3)) shall be
allowed, except that the amount of such deduction shall be
determined without regard to this paragraph.''.
(b) Conforming Amendment.--Clause (v) of section 401(c)(2)(A) of
such Code is amended by inserting ``for elective deferrals (as defined
in section 402(g)(3))'' after ``to the taxpayer''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 4. ADJUSTED FUNDING TARGET ATTAINMENT PERCENTAGE DETERMINED
WITHOUT REGARD TO REDUCTION FOR CREDIT BALANCES FOR
FUNDING-BASED LIMITS UNDER SINGLE EMPLOYER PLANS.
(a) Amendment of 1986 Code.--Paragraph (2) of section 436(j) of the
Internal Revenue Code of 1986 is amended--
(1) by striking the period at the end and inserting ``,
and'',
(2) by striking ``under paragraph (1) by increasing'' and
inserting the following: ``under paragraph (1)--
``(A) by increasing'', and
(3) by adding at the end the following new subparagraph:
``(B) without regard to the reduction under section
430(f)(4)(B).''.
(b) Amendment of ERISA.--Section 206(g)(9)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)(9)(B)) is
amended--
(1) by striking the period at the end and inserting ``,
and'',
(2) by striking ``under subparagraph (A) by increasing''
and inserting the following: ``under subparagraph (A)--
``(i) by increasing'', and
(3) by adding at the end the following new clause:
``(ii) without regard to the reduction
under section 303(f)(4)(B).''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2011.
SEC. 5. REPEAL OF TAX ON NONDEDUCTIBLE CONTRIBUTIONS TO QUALIFIED
EMPLOYER PLANS.
Effective for taxable years beginning after December 31, 2011,
section 4972 is repealed.
SEC. 6. INTERIM AMENDMENTS TO QUALIFIED PLANS.
The Secretary of the Treasury shall, not later than 2 years after
the date of the enactment of this Act, revise the administrative rules
governing interim amendments of qualified plans to provide greater
flexibility and reduce plan sponsor burden, while taking into account
the need for plan terms to reflect the benefits to which participants
are entitled.
SEC. 7. GRANDFATHERING OF PLANS WITH NORMAL RETIREMENT AGE BASED ON
EARLIER OF ATTAINMENT OF SPECIFIC AGE OR COMPLETION OF 30
OR MORE YEARS OF BENEFIT ACCRUAL SERVICE.
(a) Amendment of 1986 Code.--
(1) In general.--Section 411 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Special Rule for Determining Normal Retirement Age for
Certain Existing Defined Benefit Plans.--
``(1) In general.--An applicable trust shall not fail to be
treated as a qualified trust under section 401(a) of the
Internal Revenue Code of 1986, and shall not be treated as
failing to have a uniform normal retirement age for purposes of
this subchapter, solely because the plan of which it is a part
has a normal retirement age described in paragraph (2)(A).
``(2) Applicable trust.--For purposes of this subsection--
``(A) In general.--The term `applicable trust'
means a trust forming a part of a plan that on December
5, 2011, has a normal retirement age which is the
earlier of--
``(i) the attainment of an age which is not
earlier than age 60 but not later than 65, or
``(ii) the completion of 30 or more years
of benefit accrual service.
``(B) Limited application of specified normal
retirement age permitted.--A trust shall not fail to be
treated as an applicable trust solely because, as of
such date, a normal retirement age described in
subparagraph (A) only applies to certain participants
or certain employers participating in the plan of which
such trust is a part.
``(C) Expanded application permitted.--If, after
such date, the plan of which an applicable trust is a
part expands the application of a normal retirement age
described in subparagraph (A) to additional
participants or employers, such trust shall be treated
as an applicable trust with respect to any such
participants and employers.''.
(2) Service-based retirements in governmental plans.--
(A) In general.--Subsection (e) of section 411 of
such Code is amended by adding at the end the following
new paragraph:
``(3) A plan described in paragraph (1)(A) shall not be
treated as failing to meet any requirement of this subchapter
or any regulation issued under this subchapter, or as failing
to have a permissible normal retirement age for the purposes of
this subchapter or any regulation issued under this subchapter,
solely because--
``(A) the plan expresses its normal retirement age
(whether stated in, or implied through, the terms of
the plan) based on years of service or a combination of
years of service and the chronological age of the plan
participant, or
``(B) the plan expresses a normal retirement
benefit as a benefit payable without actuarial
reduction for age upon attainment of an age, years of
service, or a combination of age and years of
service.''.
(B) Rules.--Not later than 180 after the date of
the enactment of this Act, the Secretary of the
Treasury shall modify the rules for determining normal
retirement age under sections 401(a) and 411 of the
Internal Revenue Code of 1986, including Treasury
Regulation Sec. 1.401(a)-1, to be consistent with the
amendment made by this paragraph.
(b) Amendments of ERISA.--Section 204 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1054) is amended by
redesignating subsection (k) as subsection (l) and by inserting after
subsection (j) the following new subsection:
``(k) Special Rule for Determining Normal Retirement Age for
Certain Existing Defined Benefit Plans.--
``(1) In general.--An applicable trust shall not fail to
meet any of the requirements of this title, and shall not be
treated as failing to have a uniform normal retirement age for
purposes of this title, solely because the plan of which it is
a part has a normal retirement age described in paragraph
(2)(A).
``(2) Applicable trust.--For purposes of this subsection--
``(A) In general.--The term `applicable trust'
means a trust forming a part of a plan that on December
5, 2011, has a normal retirement age which is the
earlier of--
``(i) the attainment of an age which is not
earlier than age 60 but not later than 65, or
``(ii) the completion of 30 or more years
of benefit accrual service.
``(B) Limited application of specified normal
retirement age permitted.--A trust shall not fail to be
treated as an applicable trust solely because, as of
such date, the normal retirement age described in
subparagraph (A) only applies to certain participants
or certain employers participating in the plan of which
such trust is a part.
``(C) Expanded application permitted.--If, after
such date, the plan of which an applicable trust is a
part expands the application of the normal retirement
age described in subparagraph (A) to additional
participants or employers, such trust shall be treated
as an applicable trust with respect to any such
participants and employers.''.
(c) Effective Date.--The amendments made by this section shall
apply to years beginning before, on, or after the date of the enactment
of this Act. | Small Business Pension Promotion Act of 2011 - Authorizes the Secretary of the Treasury to take steps to address any significant and broadly applicable decrease in the value of investments held by defined contribution plans and individual retirement accounts (IRAs), including by allowing: (1) taxpayers to use a later asset valuation date than otherwise required, and (2) additional time for making distributions from such plans and accounts.
Amends the Internal Revenue Code to: (1) allow a deduction in computing the net earnings from self-employment income for pension and IRA contributions, (2) allow a determination of the adjusted funding target attainment percentage for tax-exempt retirement plans without regard to the reduction for credit balances for funding-based limits on benefits under single employer plans, (3) repeal the excise tax on nondeductible contributions to qualified employer plans, and (4) provide a special rule for determining normal retirement age for certain existing defined benefit plans. Makes conforming amendments to the Employee Retirement Income Security Act (ERISA).
Requires the Secretary to revise administrative rules governing interim amendments of qualified pension plans to provide greater flexibility and reduce plan sponsor burden. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to reduce administrative burdens and encourage retirement plan formation and retention."} | 2,247 | 238 | 0.608753 | 1.646219 | 0.80427 | 3.567568 | 8.599099 | 0.927928 |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) Jesse Louis Jackson, Sr. was born on October 8, 1941,
in Greenville, South Carolina.
(2) In 1965 Jesse L. Jackson, Sr. joined the civil rights
movement full-time, beginning his activism as a student leader
in the sit-in movement and continuing as a young organizer for
the Southern Christian Leadership Conference as an assistant to
Dr. Martin Luther King, Jr.
(3) On June 30, 1968, Jesse L. Jackson, Sr. became an
ordained minister, having attended the Chicago Theological
Seminary.
(4) Jesse L. Jackson, Sr. served as the national director
for Operation Breadbasket and, in 1971 in Chicago, Illinois,
founded People United to Save Humanity, known as PUSH.
(5) In 1984 Jesse L. Jackson, Sr. founded the National
Rainbow Coalition, a national social justice organization
devoted to political empowerment and to expanding educational
and employment opportunities for disadvantaged people and for
communities of color.
(6) In 1996 Jesse L. Jackson, Sr. merged the National
Rainbow Coalition and PUSH to continue the philosophies of both
organizations and to maximize their resources.
(7) Jesse L. Jackson, Sr. is, and has been for more than 30
years, one of the foremost political figures in the United
States, playing a pivotal role in virtually every movement for
human rights, civil rights, peace, gender equality,
empowerment, and economic and social justice.
(8) Jesse L. Jackson, Sr. has been and continues to be
counted on to serve as a champion and spokesman for a segment
of the population whose voices all too often are not heard.
(9) Jesse L. Jackson, Sr. has been called the ``conscience
of the Nation'' and the ``great unifier'', challenging the
United States to establish just and humane priorities.
(10) Jesse L. Jackson, Sr. has led a myriad of successful
delegations, marches, and missions for justice, peace, and
reconciliation.
(11) Jesse L. Jackson, Sr. is a highly respected world
leader who has acted on many occasions as an international
diplomat.
(12) In 1984 Jesse L. Jackson, Sr. secured the release of a
captured Navy pilot, Lieutenant Robert Goodman, who was shot
down over Lebanon. He also negotiated the release of 22
Americans and 26 Cubans in Cuba during 1984.
(13) In 1990 Jesse L. Jackson, Sr. won the release of
hundreds of foreign nationals, including 47 Americans, being
held in Iraq and Kuwait by Saddam Hussein.
(14) In October 1997 Jesse L. Jackson, Sr. was appointed by
President William Jefferson Clinton and by Secretary of State
Madeleine K. Albright as the Special Envoy of the President and
the Secretary of State for the Promotion of Democracy in
Africa.
(15) On May 2, 1999, Jesse L. Jackson, Sr. obtained the
negotiated release of Army Specialist Steven M. Gonzales and
Staff Sergeants Christopher J. Stone and Andrew Ramirez, 3
United States soldiers who had spent 32 days in captivity in
Yugoslavia as prisoners of war and hostages.
(16) Jesse L. Jackson, Sr. has dedicated his life to the
principles of freedom, peace, justice, international good will,
and the struggle for civil rights and equality for Americans
and for all peoples, at home and abroad.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, a gold medal of appropriate design
to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring
contributions to the Nation.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike a gold medal with suitable emblems, devices, and inscriptions,
to be determined by the Secretary.
(c) Authorization of Appropriation.--Effective February 1, 2001,
there are authorized to be appropriated $30,000 to carry out this
section.
SEC. 3. DUPLICATE MEDALS.
(a) Striking and Sale.--The Secretary of the Treasury may strike
and sell duplicates in bronze of the gold medal struck under 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.
(b) Reimbursement of Appropriation.--The appropriation used to
carry out section 2 shall be reimbursed out of the proceeds of sales
under subsection (a).
SEC. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code. | Authorizes the President to present, on behalf of Congress, a gold medal to Jesse L. Jackson, Sr., in recognition of his outstanding and enduring contributions to the Nation. | {"src": "billsum_train", "title": "To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation."} | 1,069 | 42 | 0.415886 | 1.194295 | -0.251672 | 4.970588 | 28.941176 | 0.970588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Francisco Bay Estuary Ecosystem
Restoration Act of 2002''.
SEC. 2. SAN FRANCISCO BAY ESTUARY ECOSYSTEM RESTORATION.
(a) In General.--The Secretary of the Army, acting through the
Chief of Engineers, may participate in critical restoration projects in
the area of the San Francisco Bay estuary, California, and adjacent
waters, including all watersheds that drain directly into San Francisco
Bay.
(b) Project Selection.--
(1) In general.--The Secretary may identify critical
restoration projects in the area described in subsection (a)
based on--
(A) recommendations of the Army Corps of Engineers
under the San Pablo Bay watershed restoration program,
including recommendations based on analyses conducted
by Federal or non-Federal interests before the date of
enactment of this Act;
(B) recommendations of the California Department of
Fish and Game consistent with the waterfowl habitat
objectives of the Central Valley Habitat Joint Venture
Implementation Plan; or
(C) other studies to determine the feasibility of
carrying out the critical restoration projects.
(2) Criteria and procedures for review and approval.--
(A) In general.--The Secretary may develop criteria
and procedures for prioritizing projects identified
under paragraph (1).
(B) Consistency with san pablo bay watershed
restoration program.--The criteria and procedures
developed under subparagraph (A) shall be consistent,
to the maximum extent practicable, with the criteria
and procedures for evaluating projects established
under the San Pablo Bay watershed restoration program
and outlined in the San Pablo Bay Watershed Restoration
Framework Program Final Report, prepared for the Army
Corps of Engineers and the State of California Coastal
Conservancy, dated November 2000.
(C) Consistency with central valley habitat joint
venture implementation plan.--The criteria and
procedures developed under subparagraph (A) shall also
be consistent, to the maximum extent practicable, with
the objectives and criteria for evaluating projects
established under the Central Valley Habitat Joint
Venture Implementation Plan prepared under the North
American Waterfowl Management Plan, dated February
1990. Such projects may include the beneficial reuse of
dredged material to restore exterior and interior
levees, the installation of fish screens, and habitat
enhancement critical to the management of seasonal and
permanent waterfowl habitats on the Grizzly Island
Wildlife Area in the Suisun Marsh.
(D) Use of existing studies and plans.--In carrying
out subparagraph (A), the Secretary shall use, to the
maximum extent practicable, studies and plans in
existence on the date of enactment of this Act to
identify project needs and priorities.
(3) Local participation.--In prioritizing projects for
implementation under this section, the Secretary shall consult
with, and consider the priorities of, public and private
entities that are active in watershed planning and ecosystem
restoration in San Francisco Bay estuary watersheds, including
nonprofit organizations, watershed planning councils, and
resource conservation districts.
(c) Implementation.--The Secretary may carry out projects
identified under subsection (a) after entering into an agreement with
an appropriate non-Federal interest in accordance with section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this section.
(d) Non-Federal Interest.--Notwithstanding the requirements of
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a
nonprofit entity may serve, with the consent of the affected local
government, as a non-Federal sponsor for a project undertaken pursuant
to this section.
(e) Cost Sharing.--
(1) In general.--Before carrying out any project under this
section, the Secretary shall enter into a binding agreement
with the non-Federal interest that shall require the non-
Federal interest--
(A) to pay 35 percent of the total cost of the
project;
(B) to provide any lands, easements, rights-of-way,
dredged material disposal areas, and relocations
necessary to carry out the project; and
(C) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation
costs associated with the project.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the costs
of the project may be provided in cash or in the form
of services, materials, supplies, or other in-kind
contributions.
(B) Credit.--The Secretary shall credit the non-
Federal interest--
(i) for the value of any lands, easements,
rights-of-way, dredged material disposal areas,
or relocations provided for carrying out the
project;
(ii) funds received from the CALFED Bay-
Delta Program; and
(iii) the cost of the design and
construction work carried out by the non-
Federal interest before the date of execution
of a cooperation agreement for the project if
the Secretary determines that the work is
integral to the project.
(f) Preservation of Existing Suisun Marsh Habitat Types.--
Consistent with habitat objectives of the Central Valley Habitat Joint
Venture Implementation Plan under the North American Waterfowl
Management Plan, funds appropriated to carry out this section shall not
be used to convert more than 10 percent of existing Suisun Marsh
seasonal and permanent wetland habitat types to tidal or other wetland
types.
(g) Definition.--For purposes of this section, the term ``critical
restoration project'' means a project (including a project under the
CALFED Bay-Delta program) that will produce immediate and substantial
ecosystem restoration, preservation, and protection benefits.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000, of which up to
$20,000,000 shall be made available to critical restoration projects
carried out under this section in the San Pablo Bay watershed and up to
$10,000,000 shall made available to critical restoration projects
carried out under this section on the Grizzly Island Wildlife Area in
the Suisun Marsh. Not more than $10,000,000 may be used to carry out
any single critical restoration project. | San Francisco Bay Estuary Ecosystem Restoration Act of 2002 - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to participate in critical restoration projects in the area of the San Francisco Bay estuary, California, and adjacent waters, including all watersheds that drain directly into San Francisco Bay. Outlines project selection and cost-sharing requirements.Earmarks specified project funds for critical restoration projects: (1) in the San Pablo Bay watershed; and (2) on the Grizzly Island Wildlife Area in the Suisun Marsh. | {"src": "billsum_train", "title": "To authorize the Secretary of the Army to participate in ecosystem restoration of the San Francisco Bay estuary, and for other purposes."} | 1,367 | 118 | 0.663208 | 1.729646 | 0.61944 | 5.83 | 12.08 | 0.93 |
SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES.
The second sentence of subsection (a) of the first section of the
Act entitled ``An Act to authorize the leasing of restricted Indian
lands for public, religious, educational, recreational, residential,
business, and other purposes requiring the grant of long-term leases'',
approved August 9, 1955 (25 U.S.C. 415(a)), is amended--
(1) by inserting ``lands held in trust for the Confederated
Tribes of the Grand Ronde Community of Oregon,'' after ``lands held
in trust for the Cahuilla Band of Indians of California,''; and
(2) by inserting ``the Cabazon Indian Reservation,'' after
``the Navajo Reservation,''.
SEC. 2. GRAND RONDE RESERVATION ACT.
Section 1(c) of the Act entitled ``An Act to establish a
reservation for the Confederated Tribes of the Grand Ronde Community of
Oregon, and for other purposes'', approved September 9, 1988 (25 U.S.C.
713f note; 102 Stat. 1594), is amended--
(1) by striking ``10,120.68 acres of land'' and inserting
``10,311.60 acres of land''; and
(2) by striking all in the table after:
``4 7 30 Lots 3, 4, SW\1/4\NW\1/4\, 240'';
SE\1/4\NE\1/4\, E\1/2\SW\1/
4\
and inserting the following:
``6 8 1 N\1/2\SW\1/4\ 29.59
6 8 12 W\1/2\SW\1/4\NE\1/4\, SE\1/ 21.70
4\SW\1/4\NE\1/4\NW\1/4\, N\1/
2\SE\1/4\NW\1/4\, N\1/2\SW\1/
4\SW\1/4\SE\1/4\
6 8 13 W\1/2\E\1/2\NW\1/4\NW\1/4\ 5.31
6 7 7 E\1/2\E\1/2\ 57.60
6 7 8 SW\1/4\SW\1/4\NW\1/4\, W\1/ 22.46
2\SW\1/4\
6 7 17 NW\1/4\NW\1/4\, N\1/2\SW\1/ 10.84
4\NW\1/4\
6 7 18 E\1/2\NE\1/4\ 43.42
------------
Total 10,311.60''
SEC. 3. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT.
Section 12 of the Navajo-Hopi Land Dispute Settlement Act of 1996
(110 Stat. 3653) is amended--
(1) in subsection (a)(1)(C), by inserting ``of surface water''
after ``on such lands''; and
(2) in subsection (b), by striking ``subsection (a)(3)'' each
place it appears and inserting ``subsection (a)(1)(C)''.
SEC. 4. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS.
(a) In General.--The Secretary of the Interior shall take such
action as may be necessary to extend the terms of the projects referred
to in section 512 of the Indian Health Care Improvement Act (25 U.S.C.
1660b) so that the term of each such project expires on October 1,
2002.
(b) Amendment to Indian Health Care Improvement Act.--Section 512
of the Indian Health Care Improvement Act (25 U.S.C. 1660b) is amended
by adding at the end the following:
``(c) In addition to the amounts made available under section 514
to carry out this section through fiscal year 2000, there are
authorized to be appropriated such sums as may be necessary to carry
out this section for each of fiscal years 2001 and 2002.''.
SEC. 5. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS
RESERVATION ACT.
Section 7(b) of the Coos, Lower Umpqua, and Siuslaw Restoration Act
(25 U.S.C. 714e(b)) is amended by adding at the end the following:
``(4) In Lane County, Oregon, a parcel described as beginning
at the common corner to sections 23, 24, 25, and 26 township 18
south, range 12 west, Willamette Meridian; then west 25 links; then
north 2 chains and 50 links; then east 25 links to a point on the
section line between sections 23 and 24; then south 2 chains and 50
links to the place of origin, and containing .062 of an acre, more
or less, situated and lying in section 23, township 18 south, range
12 west, of Willamette Meridian.''.
SEC. 6. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT.
Section 2(b) of the Hoopa Valley Reservation South Boundary
Adjustment Act (25 U.S.C. 1300i-1 note) is amended--
(1) by striking ``north 72 degrees 30 minutes east'' and
inserting ``north 73 degrees 50 minutes east''; and
(2) by striking ``south 15 degrees 59 minutes east'' and
inserting ``south 14 degrees 36 minutes east''.
SEC. 7. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED TRIBES OF SILETZ
INDIANS OF OREGON.
Section 2 of the Act entitled ``An Act to establish a reservation
for the Confederated Tribes of Siletz Indians of Oregon'', approved
September 4, 1980 (25 U.S.C. 711e note; 94 Stat. 1073), is amended by
adding at the end the following:
``(c) Subject to the express limitations under sections 4 and 5,
for purposes of determining eligibility for Federal assistance
programs, the service area of the Confederated Tribes of the Siletz
Indians of Oregon shall include Benton, Clackamas, Lane, Lincoln, Linn,
Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill Counties in
Oregon.''.
SEC. 8. LOWER SIOUX INDIAN COMMUNITY.
Notwithstanding any other provision of law, the Lower Sioux Indian
Community in Minnesota is hereby authorized to sell, convey, and
warrant to a buyer, without further approval of the United States, all
the Community's interest in the following real property located in
Redwood County, Minnesota:
A tract of land located in the Northeast Quarter (NE\1/4\) of
Section Five (5), Township One Hundred Twelve (112) North, Range
Thirty-five (35) West, County of Redwood and State of Minnesota,
described as follows: Commencing at the north quarter corner of
Section 5 in Township 112 North, Range 35 West of the 5th Principal
Meridian; thence east a distance of 678 feet; thence south a
distance of 650 feet; thence South 45 degrees West a distance of
367.7 feet; thence west a distance of 418 feet to a point situated
on the north and south quarter line of said Section 5; thence north
a distance of 910 feet to the place of beginning, subject to
highway easements of record, and containing 13.38 acres, more or
less.
Nothing in this section is intended to authorize the Lower Sioux Indian
Community in Minnesota to sell any of its lands that are held in trust
by the United States.
SEC. 9. FEDERAL TRUST EMPLACEMENT OF TRIBAL LANDS.
The Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25
U.S.C. 712 et seq.) is amended by adding at the end the following new
section:
``SEC. 7. CERTAIN PROPERTY TAKEN INTO TRUST.
``The Secretary of the Interior shall accept title to 2000 acres of
real property and may accept title to any additional number of acres of
real property located in Umpqua River watershed upstream from
Scottsburg, Oregon, or the northern slope of the Rogue River watershed
upstream from Agness, Oregon, if such real property is conveyed or
otherwise transferred to the United States by or on behalf of the
Tribe. The Secretary shall take into trust for the benefit of the Tribe
all real property conveyed or otherwise transferred to the United
States pursuant to this section. Real property taken into trust
pursuant to this section shall become part of the Tribe's reservation.
Real property taken into trust pursuant to this section shall not be
considered to have been taken into trust for gaming (as that term is
used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).''.
SEC. 10. AMENDMENTS TO THE JICARILLA APACHE TRIBE WATER RIGHTS
SETTLEMENT ACT.
(a) Section 8(e)(3) of the Jicarilla Apache Tribe Water Rights
Settlement Act, as amended by Public Law 104-261, is further amended by
striking ``December 31, 1998'' and inserting ``December 31, 2000''.
(b) The Jicarilla Apache Tribe Water Rights Settlement Act (Public
Law 102-441) is amended by adding at the end the following new section:
``SEC. 12. APPROVAL OF STIPULATION.
``Notwithstanding any other provision of Federal law, including
section 2116 of the Revised Statutes (25 U.S.C. 177), the Stipulation
and Settlement Agreement, dated October 7, 1997, between the Jicarilla
Apache Tribe and other parties to State of New Mexico v. Aragon, No.
CIV-7941 JC, U.S. Dist. Ct., D.N.M., approved by the United States
District Court in that proceeding, is hereby approved.''.
SEC. 11. SAN LUIS REY INDIAN WATER RIGHTS SETTLEMENT ACT.
Section 105(c) of the San Luis Rey Indian Water Rights Settlement
Act (Public Law 100-675; 102 Stat. 4000), as amended by section 117 of
the Department of the Interior and Related Agencies Appropriations Act,
1992 (Public Law 102-154; 105 Stat. 1012-1013), is amended--
(1) by inserting ``(1)'' before ``Until''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), prior to completion of the
final settlement and as soon as feasible, the Secretary is authorized
and directed to disburse a total of $8,000,000, of which $1,600,000
will go to each of the Bands, from the interest income which has
accrued to the Fund. The disbursed funds shall be invested or used for
economic development of the Bands, the Bands' reservation land, and
their members and may not be used for per capita payments to members of
any Band. The United States shall not be liable for any claim or causes
of action arising from the Bands' use or expenditure of moneys
distributed from the Fund.''.
SEC. 12. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM.
(a) Eligibility.--Section 10(a)(1) of the Native Hawaiian Health
Care Improvement Act (42 U.S.C. 11709(a)(1)) is amended by striking
``meet the requirements of section 338A of the Public Health Service
Act (42 U.S.C. 2541)'' and inserting ``meet the requirements of
paragraphs (1), (3), and (4) of section 338A(b) of the Public Health
Service Act (42 U.S.C. 254l(b))''.
(b) Terms and Conditions.--Section 10(b)(1) of the Native Hawaiian
Health Care Improvement Act (42 U.S.C. 11709(b)(1)) is amended--
(1) in subparagraph (A), by inserting ``identified in the
Native Hawaiian comprehensive health care master plan implemented
under section 4'' after ``health care professional'';
(2) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(3) by inserting after subparagraph (A) the following:
``(B) the primary health services covered under the scholarship
assistance program under this section shall be the services
included under the definition of that term under section 12(8);'';
(4) by striking subparagraph (D), as redesignated, and
inserting the following:
``(D) the obligated service requirement for each scholarship
recipient shall be fulfilled through the full-time clinical or
nonclinical practice of the health profession of the scholarship
recipient, in an order of priority that would provide for
practice--
``(i) first, in any one of the five Native Hawaiian health
care systems; and
``(ii) second, in--
``(I) a health professional shortage area or medically
underserved area located in the State of Hawaii; or
``(II) a geographic area or facility that is--
``(aa) located in the State of Hawaii; and
``(bb) has a designation that is similar to a
designation described in subclause (I) made by the
Secretary, acting through the Public Health Service;'';
(5) in subparagraph (E), as redesignated, by striking the
period and inserting a comma; and
(6) by adding at the end the following:
``(F) the obligated service of a scholarship recipient shall
not be performed by the recipient through membership in the
National Health Service Corps; and
``(G) the requirements of sections 331 through 338 of the
Public Health Service Act (42 U.S.C. 254d through 254k), section
338C of that Act (42 U.S.C. 254m), other than subsection (b)(5) of
that section, and section 338D of that Act (42 U.S.C. 254n)
applicable to scholarship assistance provided under section 338A of
that Act (42 U.S.C. 254l) shall not apply to the scholarship
assistance provided under subsection (a) of this section.''.
SEC. 13. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Authorization.--Section 711(h) of the Indian Health Care
Improvement Act (25 U.S.C. 1665j(h)) is amended by striking ``of the
fiscal years'' and inserting ``of fiscal years''.
(b) Reference.--Section 4(12)(B) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(B))
is amended by striking ``Indian Self-Determination and Education
Assistance Act of 1975'' and inserting ``Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.)''.
SEC. 14. REPEAL.
Section 326(d)(1) of Public Law 105-83 is repealed and section
1004(a) of Public Law 104-324 is amended by inserting ``sale or''
before ``use''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends Federal law to authorize leases granted on lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon and on the Cabazon Indian Reservation in California to be for terms of up to 99 years.
Requires the Secretary of the Interior to extend the terms of specified Indian health care demonstration projects at the Oklahoma City and Tulsa clinics in Oklahoma through FY 2002. Amends the Indian Health Care Improvement Act to extend the authorization of appropriations for such projects through FY 2002.
Amends the Coos, Lower Umpqua, and Siuslaw Restoration Act to direct the Secretary of the Interior to accept additional Oregon lands in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians for a reservation.
Includes certain counties in Oregon in the service area of the Confederated Tribes of the Siletz Indians for purposes of determining eligibility for Federal assistance programs.
Authorizes the Lower Sioux Indian Community in Minnesota to convey to a buyer, without further U.S. approval, all Community interest in specified real property in Redwood County, Minnesota.
Amends the Cow Creek Band of Umpqua Tribe of Indians Recognition Act to require the Secretary of the Interior to accept title to 2,000 acres (and permits the Secretary to accept title to additional acres) of real property located in the Umpqua River watershed upstream from Scottsburg, Oregon, or the northern slope of the Rogue River watershed upstream from Agness, Oregon, if transferred to the United States by or on behalf of the Cow Creek Band of Umpqua Tribe and to place such land in trust for the Tribe. Incorporates such land into the Tribe's reservation.
Amends the Jicarilla Apache Tribe Water Rights Settlement Act to extend until December 31, 2000, the date by which two partial final decrees concerning water rights must be entered in order to prevent the termination of the Jicarilla Apache Water Resources Development Trust Fund. Approves a water rights stipulation and settlement agreement between such Tribe and other parties.
Amends the San Luis Rey Indian Water Rights Settlement Act to authorize and direct the Secretary of the Interior to disburse a specified amount of funds, from interest earned by the San Luis Rey Tribal Development Fund and prior to completion of the final settlement of the water rights dispute, for economic development of the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians in San Diego County, California.
Amends the Native Hawaiian Health Care Improvement Act to revise conditions pertaining to Native Hawaiian health scholarships.
Amends the Coast Guard Authorization Act of 1996 to: (1) repeal a provision setting forth certain use restrictions relating to a service facility of the Ketchikan Indian Corporation; and (2) revise a provision authorizing the conveyance of certain property to the Corporation to allow the sale of such property. | {"src": "billsum_train", "title": "To make certain technical corrections in laws relating to Native Americans, and for other purposes."} | 3,531 | 647 | 0.456695 | 1.61884 | 0.516322 | 3.724335 | 5.342205 | 0.865019 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save America's Jobs Act of 2002''.
SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES
INCOME TAX.
(a) In General.--Paragraph (4) of section 7701(a) of the Internal
Revenue Code of 1986 (defining domestic) is amended to read as follows:
``(4) Domestic.--
``(A) In general.--Except as provided in
subparagraph (B), the term `domestic' when applied to a
corporation or partnership means created or organized
in the United States or under the law of the United
States or of any State unless, in the case of a
partnership, the Secretary provides otherwise by
regulations.
``(B) Certain corporations treated as domestic.--
``(i) In general.--The acquiring
corporation in a corporate expatriation
transaction shall be treated as a domestic
corporation.
``(ii) Corporate expatriation
transaction.--For purposes of this
subparagraph, the term `corporate expatriation
transaction' means any transaction if--
``(I) a nominally foreign
corporation (referred to in this
subparagraph as the `acquiring
corporation') acquires, as a result of
such transaction, directly or
indirectly substantially all of the
properties held directly or indirectly
by a domestic corporation, and
``(II) immediately after the
transaction, more than 80 percent of
the stock (by vote or value) of the
acquiring corporation is held by former
shareholders of the domestic
corporation by reason of holding stock
in the domestic corporation.
``(iii) Lower stock ownership requirement
in certain cases.--Subclause (II) of clause
(ii) shall be applied by substituting `50
percent' for `80 percent' with respect to any
nominally foreign corporation if--
``(I) such corporation does not
have substantial business activities
(when compared to the total business
activities of the expanded affiliated
group) in the foreign country in which
or under the law of which the
corporation is created or organized,
and
``(II) the stock of the corporation
is publicly traded and the principal
market for the public trading of such
stock is in the United States.
``(iv) Partnership transactions.--The term
`corporate expatriation transaction' includes
any transaction if--
``(I) a nominally foreign
corporation (referred to in this
subparagraph as the `acquiring
corporation') acquires, as a result of
such transaction, directly or
indirectly properties constituting a
trade or business of a domestic
partnership,
``(II) immediately after the
transaction, more than 80 percent of
the stock (by vote or value) of the
acquiring corporation is held by former
partners of the domestic partnership
(determined without regard to stock of
the acquiring corporation which is sold
in a public offering related to the
transaction), and
``(III) the acquiring corporation
meets the requirements of subclauses
(I) and (II) of clause (iii).
``(v) Special rules.--For purposes of this
subparagraph--
``(I) a series of related
transactions shall be treated as 1
transaction, and
``(II) stock held by members of the
expanded affiliated group which
includes the acquiring corporation
shall not be taken into account in
determining ownership.
``(vi) Other definitions.--For purposes of
this subparagraph--
``(I) Nominally foreign
corporation.--The term `nominally
foreign corporation' means any
corporation which would (but for this
subparagraph) be treated as a foreign
corporation.
``(II) Expanded affiliated group.--
The term `expanded affiliated group'
means an affiliated group (as defined
in section 1504(a) without regard to
section 1504(b)).''
(b) Modification of Rates of Corporate Tax.--
(1) In general.--The Secretary of the Treasury shall
prescribe rates of tax under section 11 of the Internal Revenue
Code of 1986 (relating to tax imposed on corporations) which
result in a net decrease in revenues for a taxable year equal
to the net increase in revenue (if any) for that year as a
result of the amendment made by subsection (a).
(2) Estimates and subsequent adjustments.--The rates of tax
prescribed under paragraph (1) shall be determined on the basis
of estimates made by the Secretary of the Treasury. Adjustments
shall be made in such rates for succeeding taxable years to the
extent prior estimates resulted in revenues which were in
excess of or less than the revenues required under paragraph
(1).
(c) Effective Dates.--
(1) In general.--The amendment made by this section shall
apply to corporate expatriation transactions completed after
September 11, 2001.
(2) Special rule.--The amendment made by this section shall
also apply to corporate expatriation transactions completed on
or before September 11, 2001, but only with respect to taxable
years of the acquiring corporation beginning after December 31,
2003. | Save America's Jobs Act of 2002 - Amends the Internal Revenue Code by determining that acquiring corporations in "corporate expatriation transactions" shall be considered domestic corporations. Defines a "corporate expatriation transaction" as, with certain exceptions, one in which a "nominally foreign corporation" acquires substantially all of the properties held by a domestic corporation and in which, immediately after the transaction, more than 80 percent of the stock of the acquiring corporation is held by former shareholders of the domestic corporation. Lowers the 80 percent threshold to 50 percent when the acquiring "nominally foreign corporation" lacks substantial business activities in the foreign country in which it was created and organized compared to the total activities of the "expanded affiliated group" and the stock is publicly traded, with the principal market of trading being the United States. Defines the terms "nominally foreign corporation" and "expanded affiliated group."Applies similar rules to partnership transactions.Establishes that a series of related transactions relevant to the Act shall be handled as a single transaction.Directs the Secretary of the Treasury to prescribe tax rates that result in a net decrease in revenues for a taxable year equal to any increase in revenue that occurs due to the implementation of this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to prevent corporations from avoiding the United States income tax by reincorporating in a foreign country."} | 1,131 | 283 | 0.694625 | 2.085981 | 0.827913 | 2.931034 | 4.461207 | 0.836207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission for Science and
Mathematics Leadership Act''.
SEC. 2. DEFINITIONS.
As used in this Act, the term--
(1) ``TIMSS'' means the Third International Mathematics and
Science Study; and
(2) ``Commission'' means the National Commission on Science
and Mathematics Leadership established by section 4.
SEC. 3. FINDINGS.
The Congress finds that--
(1) students in the United States should be preeminent
among the nations of the world in science and mathematics
achievement by the year 2000;
(2) TIMSS, the largest international study ever undertaken
of how students perform in science and mathematics,
demonstrated that mathematics skills of American students
(including the top 10 percent of students in the United States)
lags behind the work of students in many other nations;
(3) research shows that the problems of students in the
United States in science and mathematics stem from the lack of
a unified effort to define and implement a process that will
assure national leadership;
(4) research shows that the poor performance of students in
the United States in science and mathematics also stem from the
lack of assessment instruments for curriculum and the lack of a
sufficient commitment by colleges and universities in the
United States to provide high quality teacher preparation and
professional development programs;
(5) there are core problems with the courses of study and
the teaching styles upon which many schools in the United
States rely for instruction in science and mathematics;
(6) the National Science Foundation has concluded that
schools in the United States teach mathematics concepts in ways
that are superficial and, ultimately, ineffective;
(7) a coherent framework for mathematics and science must
be developed to give balanced attention to basic skills,
conceptual understanding, problem solving, reasoning,
communication skills, and appropriate use of technology;
(8) because of the failure of existing teaching methods in
science and mathematics in the United States, a systematic
retraining of teachers and an increased emphasis on their
professional development is required; and
(9) teachers of math and science should be well-trained
professionals who combine sound knowledge of subject matter
with the necessary skills and a solid understanding of student
learning and assessment.
SEC. 4. COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``National Commission for Science and Mathematics Leadership''.
(b) Membership.--The Commission shall be composed of 12 members, of
whom--
(1) 4 shall be appointed by the President;
(2) 4 shall be appointed jointly by the Speaker and the
Minority Leader of the United States House of Representatives,
after consultation with the Committee on Science of the House;
and
(3) 4 shall be appointed jointly by the Majority Leader and
the Minority Leader of the United States Senate, after
consultation with the Committee on Commerce, Science, and
Transportation and the Committee on Labor of the Senate.
(c) Chairman.--The Commission shall elect one of its members to
serve as chairman.
(d) Quorum.--A quorum for the purpose of conducting meetings of the
Commission is 7.
(e) Compensation; Per Diem.--Members of the Commission shall serve
without pay. While away from their homes or regular places of business
in the performance of their duties as members of the Commission,
members shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
government service under section 5703 of title 5, United States Code.
(f) Meetings.--The Commission shall meet at such times and such
places, and hold such hearings, as it considers appropriate.
(g) National Science Foundation.--The National Science Foundation
shall--
(1) pay the expenses of the Commission, but not in excess
of $500,000; and
(2) provide administrative support for the Commission.
(h) Termination.--The Commission shall terminate after submitting
its report to the Congress under section 6.
SEC. 5. PURPOSE AND FUNCTIONS OF THE COMMISSION.
(a) Purpose.--The purpose of the Commission is to review and
propose recommendations for assuring leadership in science and
mathematics training in the United States by the year 2000 in
cooperation with the National Academy of the Sciences by--
(1) reviewing existing research based on mathematics and
science education leadership, including the TIMSS findings; and
(2) converting the research findings into specific
recommendations for implementation by public and private
agencies.
(b) Functions.--The Commission shall--
(1) review the status of science and mathematics training
in the United States as compared to the status of science and
mathematics education relative to international competitors;
(2) review the TIMSS findings and other major research
projects and formulate an implementation proposal, including
specific recommendations which are reviewed by appropriate
public and private agencies, to use the information in those
findings and projects to build leadership in science and
mathematics in the United States;
(3) propose professional development priorities based upon
available research to strengthen the teaching of science and
mathematics at all educational levels; and
(4) coordinate its activities with the National Academy of
Sciences.
SEC. 6. REPORT.
The Commission shall issue a report to the United States Senate
Committee on Commerce, Science, and Transportation and the Committee on
Labor, and the United States House of Representatives Committee on
Science no later than 180 days after the date of enactment of this Act. | National Commission for Science and Mathematics Leadership Act - Establishes the National Commission for Science and Mathematics Leadership.
Directs the National Science Foundation to: (1) pay Commission expenses up to a specified amount; and (2) provide administrative support for the Commission.
Requires the Commission, in coordination with the National Academy of Sciences, to: (1) review the status of science and mathematics training in the United States relative to international competitors; (2) formulate an implementation proposal to assure world class achievement in mathematics eduation in the United States; (3) propose professional development priorities to strengthen science and mathematics teaching at all levels; and (4) report findings and recommendations to specified congressional committees. | {"src": "billsum_train", "title": "National Commission for Science and Mathematics Leadership Act"} | 1,124 | 136 | 0.598621 | 1.681772 | 0.735446 | 4.202899 | 8.173913 | 0.884058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety for Our Schoolchildren Act of
2008''.
SEC. 2. BACKGROUND CHECKS FOR PUBLIC SCHOOL EMPLOYEES.
(a) In General.--Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end
the following:
``PART D--BACKGROUND CHECKS FOR PUBLIC SCHOOL EMPLOYEES
``SEC. 4401. DEFINITIONS.
``(a) Crime of Violence.--The term `crime of violence' has the
meaning given the term in section 924(c)(3) of title 18, United States
Code.
``(b) Drunk Driving.--The term `drunk driving' means driving while
intoxicated or driving under the influence of alcohol.
``(c) FBI Background Check.--The term `FBI background check' means
a criminal history background check as described in section 231 of the
Crime Control Act of 1990 (42 U.S.C. 13041).
``(d) School Employee.--The term `school employee' means--
``(1) an employee of a local educational agency or State
educational agency who works either in a public school or has a
job duty that results in exposure to students, including
administrators, teachers, substitute teachers, custodians,
cafeteria workers, and school bus drivers; and
``(2) an employee of a company, or a subsidiary of a
company, that has a contract with a local educational agency or
State educational agency who works in a public school or has a
job duty that results in exposure to students.
``(e) Serious Moving Violation.--The term `serious moving
violation' means a felonious driving violation, as determined by State
law.
``(f) Sexual Predator.--The term `sexual predator' means an
individual 18 years of age or older who has been convicted of, or pled
guilty to, a sexual offense against a minor.
``SEC. 4402. BACKGROUND CHECKS FOR PUBLIC SCHOOL EMPLOYEES.
``(a) In General.--A local educational agency or State educational
agency that receives Federal funds shall obtain an FBI background check
on an individual prior to making an offer of employment as a school
employee with such agency to such individual.
``(b) Prohibition Against Employment of Felons or Violent
Criminals.--A local educational agency or State educational agency that
receives Federal funds may not make an offer of employment to an
individual for a position as a school employee with such agency if such
individual has been convicted of a crime of violence or other felony.
``(c) Reporting Sexual Predators.--A local educational agency or
State educational agency that receives information from an FBI
background check that an individual who has applied for employment with
such agency as a school employee is a sexual predator shall report to
local law enforcement that such individual has so applied.
``(d) Transportation.--A local educational agency or State
educational agency that receives Federal funds may not make an offer of
employment to an individual for a position as a school bus driver if
such individual has been convicted of, or pled guilty to, drunk driving
or a serious moving violation.
``SEC. 4403. LOSS OF FEDERAL FUNDS FOR FAILURE TO COMPLY.
``(a) State Educational Agencies.--
``(1) In general.--If a State educational agency fails to
take an action required under this part or takes an action
prohibited under this part for--
``(A) 6 months or less, the Secretary shall
withhold from such agency 50 percent of the amount of
funds such agency has allocated for planning and
administrative use under section 2113(d); and
``(B) longer than 6 months but not longer than 12
months, the Secretary shall withhold from such agency
100 percent of the amount of funds such agency has
allocated for planning and administrative use under
section 2113(d).
``(2) Loss of title ii administrative funds.--If a State
educational agency fails to take an action required under this
part or takes an action prohibited under this part for longer
than 12 months, the Secretary shall withhold from such agency
the amount of funds such agency has allocated for planning and
administrative use under title II.
``(3) Prohibition against reallocation.--
``(A) In general.--A State educational agency that
fails to take an action under this part or takes an
action prohibited under this part as described in
paragraph (1) or (2) may not reallocate Federal funds
provided for teacher development under title II for
planning and administrative use by the agency.
``(B) Penalty.--The Secretary shall withhold all
Federal funds under title II to a State educational
agency if such agency reallocates funds as prohibited
under subparagraph (A) until such agency restores the
funds for teacher development.
``(b) Local Educational Agencies.--If a local educational agency
fails to take an action required under this part or takes an action
prohibited under this part, the local educational agency shall not be
eligible to receive a subgrant or any additional funds under section
2121.''.
(b) Conforming Amendments.--The table of contents in section 2 of
the Elementary and Secondary Education Act of 1965 is amended by
inserting after the item relating to section 4304 the following:
``Part D--Background Checks for Public School Employees
``Sec. 4401. Definitions.
``Sec. 4402. Background checks for public school employees.
``Sec. 4403. Loss of Federal funds for failure to comply.''. | Safety for Our Schoolchildren Act of 2008 - Requires states and local educational agencies (LEAs) to: (1) obtain an FBI background check on individuals prior to offering them employment as school employees; and (2) if the check identifies them as sexual predators, report their application to local law enforcement.
Prohibits states or LEAs from hiring individuals as: (1) school employees if they have been convicted of a crime of violence or other felony; or (2) school bus drivers if they have been convicted of, or pled guilty to, drunk driving or a serious moving violation.
Withholds funds available to states for planning and administration and to LEAs as subgrants under part A of title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the Elementary and Secondary Education Act of 1965, if they violate such prohibitions or fail to take such actions. | {"src": "billsum_train", "title": "A bill to require all public school employees and those employed in connection with a public school to receive FBI background checks prior to being hired, and for other purposes."} | 1,315 | 201 | 0.539311 | 1.54419 | 0.847621 | 3.25731 | 6.590643 | 0.789474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau Advisory Opinion Act of
2016''.
SEC. 2. ADVISORY OPINIONS.
Section 1022(b) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5512(b)) is amended by adding at the end the following:
``(5) Advisory opinions.--
``(A) Establishing procedures.--
``(i) In general.--The Director shall
establish a procedure and, as necessary,
promulgate rules to provide written opinions in
response to inquiries concerning the
conformance of specific conduct with Federal
consumer financial law. In establishing the
procedure the Director shall consult with the
prudential regulators and such other Federal
departments and agencies as the Director
determines appropriate, and obtain the views of
all interested persons through a public notice
and comment period.
``(ii) Scope of request.--A request for an
opinion under this paragraph must relate to
specific proposed or prospective conduct by a
covered person contemplating the proposed or
prospective conduct.
``(iii) Submission.--A request for an
opinion under this paragraph may be submitted
to the Director either by or on behalf of a
covered person.
``(iv) Right to withdraw inquiry.--Any
inquiry under this paragraph may be withdrawn
at any time prior to the Director issuing an
opinion in response to such inquiry, and any
opinion based on an inquiry that has been
withdrawn shall have no force or effect.
``(B) Issuance of opinions.--
``(i) In general.--The Director shall,
within 90 days of receiving the request for an
opinion under this paragraph, either--
``(I) issue an opinion stating
whether the described conduct would
violate Federal consumer financial law;
``(II) if permissible under clause
(iii), deny the request; or
``(III) explain why it is not
feasible to issue an opinion.
``(ii) Extension.--Notwithstanding clause
(i), if the Director determines that the Bureau
requires additional time to issue an opinion,
the Director may make a single extension of the
deadline of 90 days or less.
``(iii) Denial of requests.--The Director
shall not issue an opinion, and shall so inform
the requestor, if the request for an opinion--
``(I) asks a general question of
interpretation;
``(II) asks about a hypothetical
situation;
``(III) asks about the conduct of
someone other than the covered person
on whose behalf the request is made;
``(IV) asks about past conduct that
the covered person on whose behalf the
request is made does not plan to
continue in the future; or
``(V) fails to provide necessary
supporting information requested by the
Bureau within a reasonable time
established by the Bureau.
``(iv) Amendment and revocation.--An
advisory opinion issued under this paragraph
may be amended or revoked at any time.
``(v) Public disclosure.--An opinion
rendered pursuant to this paragraph shall be
placed in the Bureau's public record 90 days
after the requesting party has received the
advice, subject to any limitations on public
disclosure arising from statutory restrictions,
Bureau regulations, or the public interest. The
Bureau shall redact any personal, confidential,
or identifying information about the covered
person or any other persons mentioned in the
advisory opinion, unless the covered person
consents to such disclosure.
``(vi) Report to congress.--The Bureau
shall, concurrent with the semi-annual report
required under section 1016(b), submit
information regarding the number of requests
for an advisory opinion received, the subject
of each request, the number of requests denied
pursuant to clause (iii), and the time needed
to respond to each request.
``(C) Reliance on opinion.--Any person may rely on
an opinion issued by the Director pursuant to this
paragraph that has not been amended or withdrawn. No
liability under Federal consumer financial law shall
attach to conduct consistent with an advisory opinion
that had not been amended or withdrawn at the time the
conduct was undertaken.
``(D) Confidentiality.--Any document or other
material that is received by the Bureau or any other
Federal department or agency in connection with an
inquiry under this paragraph shall be exempt from
disclosure under section 552 of title 5, United States
Code (commonly referred to as the `Freedom of
Information Act') and may not, except with the consent
of the covered person making such inquiry, be made
publicly available, regardless of whether the Director
responds to such inquiry or the covered person
withdraws such inquiry before receiving an opinion.
``(E) Assistance for small businesses.--
``(i) In general.--The Bureau shall assist,
to the maximum extent practicable, small
businesses in preparing inquiries under this
paragraph.
``(ii) Small business defined.--For
purposes of this subparagraph, the term `small
business' has the meaning given the term `small
business concern' under section 3 of the Small
Business Act (15 U.S.C. 632).
``(F) Inquiry fee.--
``(i) In general.--The Director shall
develop a system to charge a fee for each
inquiry made under this paragraph in an amount
sufficient, in the aggregate, to pay for the
cost of carrying out this paragraph.
``(ii) Notice and comment.--Not later than
45 days after the date of the enactment of this
paragraph, the Director shall publish a
description of the fee system described in
clause (i) in the Federal Register and shall
solicit comments from the public for a period
of 60 days after publication.
``(iii) Finalization.--The Director shall
publish a final description of the fee system
and implement such fee system not later than 30
days after the end of the public comment period
described in clause (ii).''. | Bureau Advisory Opinion Act of 2016 This bill amends the Consumer Financial Protection Act of 2010 to require the Consumer Financial Protection Bureau (CFPB) to establish a procedure and promulgate rules to provide written opinions in response to inquiries concerning conformance of specific proposed or prospective conduct by a covered person with federal consumer financial law. A "covered person" under the Act is: (1) any person that engages in offering or providing a consumer financial product or service, and (2) any affiliate of that person if the affiliate acts as a service provider to the person. The CFPB, within 90 days of receiving such a request for an opinion, shall: issue an opinion stating whether the described conduct would violate federal consumer financial law, deny the request, or explain why it is not feasible to issue an opinion. The CFPB shall not issue an opinion on a general question of interpretation, a hypothetical situation, conduct of someone other than the requester, or past conduct the covered person doesn't plan to continue. A request may be withdrawn at any time prior to the CFPB issuing a response. An issued advisory opinion may be amended or revoked at any time. An opinion rendered pursuant to this bill shall be placed in the CFPB's public record 90 days after the requesting party has received the advice, subject to specified limitations on public disclosure. Any person may rely on an opinion issued by the CFPB that has not been amended or withdrawn and liability shall not attach to conduct consistent with such opinion. The CFPB shall implement a system to charge a fee for such inquiries sufficient to pay the costs of carrying out this bill. | {"src": "billsum_train", "title": "Bureau Advisory Opinion Act of 2016"} | 1,321 | 359 | 0.665574 | 2.045945 | 0.821764 | 3.31348 | 3.846395 | 0.887147 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Electric Systems
Act''.
SEC. 2. GRANT PROGRAM FOR PROJECTS TO DESIGN AND DEVELOP TRANSFORMATIVE
NEXT GENERATION ELECTRIC SYSTEMS.
(a) In General.--The Secretary of Energy (acting through the
Assistant Secretary of the Office of Electricity Delivery and Energy
Reliability) (referred to in this Act as the ``Secretary'') shall
establish a grant program under which the Secretary shall make grants
to eligible partnerships to develop and carry out eligible projects
related to achieving the transformation of the future electric grid by
the year 2030 using a comprehensive approach to electric system design
and architecture.
(b) Eligible Projects.--To be eligible for a grant under subsection
(a), a project--
(1) shall be designed to improve the performance and
efficiency of the future electric grid, while ensuring the
continued provision of safe, secure, reliable, and affordable
power; and
(2) may include projects to design, develop, and test--
(A) feasible, optimal next generation electricity
delivery systems, from generation through consumption,
including end-use applications;
(B) the role that regulated utilities and market-
driven entities, including third-party nonregulated
services providers, may play in an electric system in
which distributed energy resources and retail and
wholesale level ancillary services expand;
(C) optimal and innovative, comprehensive grid
infrastructure designs that would ensure reliable,
cost-effective, safe, and secure integration and
management of variable and distributed energy
resources, including projects related to distributed
generation, combined heat and power, microgrids, energy
storage, electric vehicles, energy efficiency, demand
response, and intelligent loads;
(D) optimal grid design solutions to ensure grid
reliability and resiliency;
(E) the integration and interoperability of
telecommunications, information technology, operational
technologies, or other systems and technologies with
the electric grid to support the management of the
future, next generation, dynamic and changing electric
system; and
(F) solutions to overcoming technological,
regulatory, business model, and market barriers to
achieve the transition and transformation to the future
electric grid.
(c) Description of Eligible Partnership.--An eligible partnership
referred to in subsection (a) means a group of 2 or more entities
that--
(1) may include any institution of higher education,
National Laboratory, representative of a State or local
government, representative of an Indian tribe, Federal power
marketing administration, industry expert, or nonprofit
industry trade association; and
(2) shall include at least 1 of any of the following:
(A) An investor-owned electric utility.
(B) A publicly owned utility.
(C) A technology provider.
(D) A rural electric cooperative.
(E) A Regional Transmission Organization.
(F) An Independent System Operator.
(d) Application.--In order to receive a grant under this section,
an eligible partnership shall submit to the Secretary an application at
such time, in such form, and containing such information as the
Secretary may prescribe, including details about the partnership and
proposed project.
(e) Selection Committee.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a selection
committee, comprised of technical experts, to make recommendations,
based on the criteria described in subsection (f), to the Secretary for
the award of grants under this section to 2 or more eligible
partnerships.
(f) Selection Criteria.--
(1) In general.--The Secretary shall make grants under
subsection (a) based on the following criteria:
(A) The scope and diversity of the eligible
partnership with respect to representation of
stakeholders and geographic locations.
(B) The demonstrated ability of the eligible
partnership to provide leadership within the industry
in promoting transformative innovation in electricity
systems, using a comprehensive or holistic approach,
especially with respect to system design or
architecture.
(C) The extent to which a project would develop and
carry out commercially available or emerging
technologies that would be scalable and replicable.
(D) The extent to which a project would--
(i) improve electric reliability,
resiliency, security, and safety;
(ii) provide consumer benefits;
(iii) drive economic growth; or
(iv) achieve other grid modernization
policy or technical goals.
(E) The extent to which a project would provide an
innovative conceptual or technical approach to the
operation of the electric grid looking to the year 2030
and beyond.
(F) The demonstrated ability of the eligible
partnership to leverage prior Federal or local
investments.
(G) The extent to which a project would advance a
financially viable future model for electricity market
participants, including utilities and third-party
entities, that provides all consumers with fair and
equitable options to meet the electric energy needs of
the consumers, while balancing societal, and individual
consumer, interests.
(2) Priority for projects providing cost share.--In
selecting eligible partnerships to make grants to under
subsection (a), the Secretary shall give priority to eligible
partnerships proposing projects for which a cost-share is to be
provided.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as are necessary to carry out this Act for each of fiscal years 2016
through 2020. | Next Generation Electric Systems Act This bill requires the Department of Energy (DOE) to establish a grants program for eligible partnerships to develop and implement projects related to achieving the transformation of the future electric grid by the year 2030 using a comprehensive approach to electric system design and architecture. Eligible partnerships may include any institution of higher education, National Laboratory, representative of a state or local government, representative of an Indian tribe, federal power marketing administration, industry expert, or nonprofit industry trade association, but must include at least one electric utility (either investor-owned or publicly owned), technology provider, rural electric cooperative, Regional Transmission Organization, or Independent System Operator. DOE must, when selecting eligible partnerships to receive grants, give priority to those proposing projects for which a cost-share is to be provided. | {"src": "billsum_train", "title": "Next Generation Electric Systems Act"} | 1,143 | 166 | 0.667391 | 1.915271 | 0.734206 | 5.297468 | 7.063291 | 0.905063 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DXM Abuse Prevention Act of 2017''.
SEC. 2. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN.
(a) Prohibited Acts.--
(1) Verification system.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at
the end the following:
``(eee) The failure of a retailer (as defined in section 506H) that
offers for sale in interstate commerce covered drugs (as defined in
section 506H) to have a verification system as required by section 506H
(relating to sales of over-the-counter drugs containing
dextromethorphan).''.
(2) Identifier for electronic point of sale system; active
ingredients.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331), as amended by paragraph (1), is
further amended by adding at the end the following:
``(fff) The introduction or delivery for introduction into
interstate commerce of any covered drug (as defined in section 506H)
whose labeling does not include--
``(1) a universal product code, universal product number,
bar code, or similar identifier to allow an electronic point of
sale system to recognize that the sale of the covered drug is
prohibited to those under the age of 18; and
``(2) the established name of each active ingredient of the
covered drug within the first panel of the drug facts labeling
required by section 201.66(c) of title 21, Code of Federal
Regulations (or any successor regulations), in no smaller than
6-point type.''.
(b) Verification System.--The Federal Food, Drug, and Cosmetic Act
is amended by inserting after section 506G of such Act (21 U.S.C. 356g)
the following:
``SEC. 506H. SALES OF OVER-THE-COUNTER DRUGS CONTAINING
DEXTROMETHORPHAN.
``(a) Verification System.--Any retailer selling or offering for
sale in interstate commerce a covered drug shall have a verification
system in accordance with this section that is intended to ensure that
no individual who purchases a covered drug from the retailer is under
18 years of age. Such a system shall be set up to prompt a retailer to
examine a purchaser's identification card.
``(b) Means Used To Ensure Compliance.--A verification system under
subsection (a) may ensure compliance with this section by any of, or
any combination of, the following means:
``(1) An electronic point-of-sale system that is coded--
``(A) to prompt for verification of the age of
purchasers of covered drugs; and
``(B) to deny sales of covered drugs to those under
the age of 18.
``(2) Training manuals, materials, or programs that
instruct employees--
``(A) to verify the age of purchasers of covered
drugs; and
``(B) to deny sales of covered drugs to those under
the age of 18.
``(3) Signage in and around the sales counter outlining the
age restriction on sales of covered drugs.
``(4) Designating one on-duty employee to approve sales of
covered drugs.
``(5) Any other verification measure adopted by a retailer
that is designed to ensure that a purchaser of a covered drug
is not under 18 years of age if, based on an examination of the
purchaser's identification card, the retailer reasonably
concludes the identification card is valid and indicates the
purchaser is not under 18 years of age.
``(c) Exceptions.--
``(1) Individuals over 26.--A verification system under
subsection (a) need not require verification of the age of any
individual over the age of 26.
``(2) Valid prescription.--A verification system under
subsection (a) need not apply to any sale made by a retailer
that is a pharmacy pursuant to a validly issued prescription.
``(3) Valid military identification card.--A verification
system under subsection (a) need not apply to any sale to an
individual who supplies proof at the time of such sale that
such individual is actively enrolled in the military and
presents a valid military identification card.
``(d) Enforcement.--In carrying out this section, the Secretary
shall coordinate with State entities that regulate retailers, as
designated by the State, to perform activities to ensure compliance
with this section, including providing for appropriate investigation of
complaints related to violations of this section.
``(e) Compliance With State System.--If a State has a law under
which a retailer in the State is required to have a system that ensures
that no individual who purchases a covered drug from the retailer is
under 18 years of age, the Secretary shall treat any such retailer in
the State that is in compliance with such law as having a verification
system as required by this section, including for purposes of sections
301(eee) and 303(h).
``(f) Definitions.--In this section:
``(1) The term `covered drug'--
``(A) means a drug that--
``(i) contains dextromethorphan; and
``(ii) is not subject to section 503(b)(1);
and
``(B) excludes any drug that is packaged in packets
or pouches and contains 2 or fewer maximum adult doses
of dextromethorphan as allowable under section 341.74
of title 21, Code of Federal Regulations (or any
successor regulations).
``(2) The term `identification card' means an
identification card that--
``(A) includes a photograph and the date of birth
of the individual; and
``(B) is issued by a State or the Federal
Government or is considered acceptable for purposes of
sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1)
of title 8, Code of Federal Regulations (including any
successor regulations).
``(3) The term `retailer' means--
``(A) a grocery store, general merchandise store,
drug store, pharmacy, convenience store, or other
entity whose activities as a seller of covered drugs
containing dextromethorphan are limited almost
exclusively to sales for personal use, both in number
and volume of sales, including any sales made by the
Internet or other means; and
``(B) excludes any entity listed in subparagraph
(A) that does not sell any covered drug described in
paragraph (1)(A).''.
(c) Civil Penalties.--Section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the
following:
``(h) A retailer that violates section 301(eee) shall not be
subject to subsection (a) or any civil monetary penalty under this Act
for such violation except as follows:
``(1) If the Secretary finds that a retailer fails to have
a verification system in violation of section 301(eee)--
``(A) upon the first such finding, the Secretary
shall issue a formal notice of violation and give the
retailer a period of at least 30 days (beginning on the
receipt of such notice) to correct the violation;
``(B) upon the second such finding, the retailer
shall be subject to a civil penalty of not more than
$1,000;
``(C) upon the third such finding, the retailer
shall be subject to a civil penalty of not more than
$2,000; and
``(D) upon the fourth and any subsequent such
finding, the retailer shall be subject to a civil
penalty of not more than $5,000.
``(2) In determining the amount of a civil penalty under
this subsection for a retailer, the Secretary shall consider
whether the retailer has taken appropriate steps to prevent
subsequent violations, such as the establishment and
administration of a documented employee training program to
ensure all employees are familiar with, and abiding by, the
retailer's verification system established pursuant to section
506H, where such program includes--
``(A) educating employees regarding covered drugs;
``(B) instruction on the correct method of checking
a purchaser's identification card; and
``(C) notifying employees of the civil penalties
under this subsection.
``(3) If a retailer transacts sales of covered drugs at
more than one physical location, for purposes of determining
the number of violations by that retailer under this
subsection, each individual physical location operated by that
retailer shall be considered a separate retailer.
``(4) The Secretary shall notify retailers found to have
violated section 301(eee) as soon as practicable after the
Secretary discovers such violation. Such notification shall
include the date and time when the failure to have a
verification system as required by such section was observed to
occur.
``(5) In this subsection, the terms `covered drug' and
`retailer' have the meanings given such terms in section
506H.''.
(d) Applicability.--The amendments made by subsections (a), (b),
and (c) shall apply with respect to drugs sold or offered for sale on
or after the date that is one year after the date of enactment of this
Act.
(e) Sense of Congress Regarding Communication by Organizations
Nominated by Manufacturers.--It is the sense of Congress that
organizations nominated by manufacturers of covered drugs (as defined
in section 506H of the Federal Food, Drug, and Cosmetic Act, as added
by subsection (c)) should make reasonable efforts to communicate to
retailers (as defined in such section 506H) the requirements of such
section 506H, including by making available upon request materials
(which may include signage, manuals, materials, or programs) to assist
with educating employees regarding such covered drugs.
SEC. 3. RESTRICTIONS ON DISTRIBUTION OF BULK DEXTROMETHORPHAN.
(a) In General.--The Federal Food, Drug, and Cosmetic Act is
amended--
(1) in section 301 (21 U.S.C. 331) (as amended by section
2(a)) by adding at the end the following:
``(ggg) The possession, receipt, or distribution of unfinished
dextromethorphan in violation of section 506I.'';
(2) by inserting after section 506H (as added by section
2(b)) the following:
``SEC. 506I. RESTRICTIONS ON THE DISTRIBUTION OF BULK DEXTROMETHORPHAN.
``(a) In General.--No person shall--
``(1) possess or receive unfinished dextromethorphan,
unless the person is registered under section 510 or otherwise
registered, licensed, or approved pursuant to Federal or State
law to engage in--
``(A) the practice of pharmacy; or
``(B) drug or drug ingredient discovery,
production, manufacture, or distribution; or
``(2) distribute unfinished dextromethorphan to any person
other than a person described in paragraph (1).
``(b) Exception for Common Carriers.--This section does not apply
to a common carrier that possesses, receives, or distributes unfinished
dextromethorphan for purposes of distributing such unfinished
dextromethorphan between persons described in subsection (a).
``(c) Definitions.--In this section:
``(1) The term `common carrier' means any person that holds
itself out to the general public as a provider for hire of the
transportation by water, land, or air of merchandise, whether
or not the person actually operates the vessel, vehicle, or
aircraft by which the transportation is provided, between a
port or place and a port or place in the United States.
``(2) The term `unfinished dextromethorphan' means
dextromethorphan that is not contained in a drug that is in
finished dosage form.''; and
(3) by amending section 303, as amended by section 2(c), by
adding at the end the following:
``(i) A person that violates section 301(ggg) shall not be subject
to subsection (a) or any civil monetary penalty under this Act for such
violation except such person shall be subject to a civil penalty in an
amount of not more than $100,000.''.
(b) Applicability.--The amendments made by this section apply
beginning on the date of enactment of this Act. | DXM Abuse Prevention Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to: (1) require a retailer that sells certain drugs containing dextromethorphan (DXM) to have a verification system that is intended to ensure that no one under 18 years of age purchases such drugs from the retailer, (2) establish other restrictions on the sale of over-the-counter drugs containing DXM, and (3) establish restrictions on the distribution of bulk DXM. | {"src": "billsum_train", "title": "DXM Abuse Prevention Act of 2017"} | 2,825 | 151 | 0.533717 | 1.525501 | 0.586687 | 3.963855 | 30.433735 | 0.903614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Services for Children of Substance
Abusers Reauthorization Act''.
SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT.
(a) Administration and Activities.--
(1) Administration.--Section 399D(a) of the Public Health
Service Act (42 U.S.C. 280d(a)(1)) is amended--
(A) in paragraph (1), by striking ``Administrator''
and all that follows through ``Administration'' and
insert ``Director of the Substance Abuse and Mental
Health Services Administration''; and
(B) in paragraph (2), by striking ``Administrator
of the Substance Abuse and Mental Health Services
Administration'' and inserting ``Administrator of the
Health Resources and Services Administration''.
(2) Activities.--Section 399D(a)(1) of the Public Health
Service Act (42 U.S.C. 280d(a)(1)) is amended--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting the following: ``through family social
services; child protective services; child care
providers (including Head Start, schools, and early
childhood development programs); community-based family
resource and support centers; the criminal justice
system; health and mental health providers through
screenings conducted during regular childhood
examinations and other examinations; self and family
member referrals; treatment services; and other service
providers and agencies serving children and families;
and''; and
(C) by adding at the end the following:
``(D) to provide education and training to health
care professionals, child welfare providers, and the
personnel or such providers who provide services to
children and families.''.
(3) Identification of certain children.--Section
399D(a)(3)(A) of the Public Health Service Act (42 U.S.C.
280d(a)(3)(A)) is amended--
(A) in clause (i), by striking ``(i) the entity''
and inserting ``(i)(I) the entity'';
(B) in clause (ii)--
(i) by striking ``(ii) the entity'' and
inserting ``(II) the entity''; and
(ii) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(iii) the entity will identify children
who may be eligible for medical assistance
under a State program under title XIX of the
Social Security Act.''.
(b) Services for Children.--Section 399D(b) of the Public Health
Service Act (42 U.S.C. 280d(b)) is amended--
(1) in paragraph (1), by inserting ``alcohol and drug,''
after ``psychological,''; and
(2) by striking paragraph (5) and inserting the following:
``(5) Drug and alcohol treatment and prevention
services.''.
(c) Services for Affected Families.--Section 399D(c) of the Public
Health Service Act (42 U.S.C. 280d(c)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting before the semicolon the following: ``, or
through an entity that meets applicable State licensure
or certification requirements regarding the services
involved''; and
(B) by adding at the end the following:
``(D) Aggressive outreach to family members with
substance abuse problems.
``(E) Inclusion of consumer in the development,
implementation, and monitoring of Family Services
Plan.''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Alcohol and drug treatment services,
including screening and assessment, diagnosis,
detoxification, individual, group and family
counseling, relapse prevention, and case management.'';
(B) by striking subparagraph (C) and inserting the
following:
``(C) Pre- and post-pregnancy family planning
services and counseling on the human immunodeficiency
virus and acquired immune deficiency syndrome.'';
(C) in subparagraph (D), by striking ``conflict
and''; and
(D) in subparagraph (E), by striking ``Remedial''
and inserting ``Career planning and''.
(d) Eligible Entities.--Section 399D(d) of the Public Health
Service Act (42 U.S.C. 280d(d)) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting:
``(d) Eligible Entities.--The Secretary shall distribute the grants
through the following types of entities:'';
(2) in paragraph (1), by inserting ``or prevention'' after
``drug treatment''; and
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting ``; or''; and
(B) in subparagraph (B), by inserting ``or
pediatric health or mental health providers and family
mental health providers'' before the period.
(e) Submission of Information.--Section 399D(h) of the Public
Health Service Act (42 U.S.C. 280d(h)) is amended--
(1) in paragraph (2)--
(A) by inserting ``including maternal and child
health'' before ``mental'';
(B) by striking ``treatment programs''; and
(C) by striking ``and the State agency responsible
for administering public maternal and child health
services'' and inserting ``, the State agency
responsible for administering alcohol and drug
programs, the State lead agency, and the State
Interagency Coordinating Council under part H of the
Individuals with Disabilities Education Act''; and
(2) in paragraph (3)(B), by inserting before the semicolon
the following: ``when the child can be cared for at home
without endangering the child's safety''.
(f) Reports.--Section 399D(i)(6) of the Public Health Service Act
(42 U.S.C. 280d(k)(6)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by adding ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(F) the number of children described in
subparagraph (C) for whom the permanent plan is other
than family reunification;''.
(g) Evaluations.--Section 399D(l) of the Public Health Service Act
(42 U.S.C. 280d(l)) is amended--
(1) in paragraph (4), by inserting before the semicolon the
following: ``, including increased participation in work or
employment-related activities and decreased participation in
welfare programs'';
(2) in paragraph (5), by striking ``children whose'' and
inserting ``children who can be cared for at home without
endangering their safety and whose''; and
(3) in paragraph (6), by inserting before the semicolon the
following: ``if the reunification would not endanger the
child''.
(h) Report to Congress.--Section 399D(m) of the Public Health
Service Act (42 U.S.C. 280d(m)) is amended--
(1) in paragraph (2), by adding ``and'' at the end;
(2) in paragraph (3), by striking the semicolon at the end
and inserting a period; and
(3) by striking paragraphs (4) and (5).
(i) Data Collection.--Section 399D(n) of the Public Health Service
Act (42 U.S.C. 280d(n)) is amended by adding at the end the following:
``The periodic report shall include a quantitative estimate of the
prevalence of alcohol and drug problems in families involved in the
child welfare system, the barriers to treatment and prevention services
facing these families, and policy recommendations for removing the
identified barriers, including training for child welfare workers.''.
(j) Definition.--Section 399D(o)(2)(B) of the Public Health Service
Act (42 U.S.C. 280d(o)(2)(B)) is amended by striking ``dangerous''.
(k) Authorization of Appropriations.--Section 399D(p) of the Public
Health Service Act (42 U.S.C. 280d(p)) is amended to read as follows:
``(p) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $50,000,000
for fiscal year 1998, and such sums as may be necessary for fiscal year
1999.''.
(l) Grants for Training and Conforming Amendments.--Section 399D of
the Public Health Service Act (42 U.S.C. 280d) is amended--
(1) by striking subsection (f);
(2) by striking subsection (k);
(3) by redesignating subsections (d), (e), (g), (h), (i),
(j), (l), (m), (n), (o), and (p) as subsections (e) through
(o), respectively;
(4) by inserting after subsection (c), the following:
``(d) Training for Health Care Professionals, Child Welfare
Providers, and Other Personnel.--The Secretary may make a grant under
subsection (a) for the training of health care professionals, child
welfare providers, and other personnel who provide services to
vulnerable children and families. Such training shall be to assist
professionals in recognizing the drug and alcohol problems of their
clients and to enhance their skills in identifying and obtaining
substance abuse prevention and treatment resources.'';
(5) in subsection (k)(2) (as so redesignated), by striking
``(h)'' and inserting ``(i)''; and
(6) in paragraphs (3)(E) and (5) of subsection (m) (as so
redesignated), by striking ``(d)'' and inserting ``(e)''. | Services for Children of Substance Abusers Reauthorization Act - Amends the Public Health Service Act to require that the Director of the Substance Abuse and Mental Health Services Administration (currently, the Administrator of the Health Resources and Services administration) make grants for: (1) services for children and families of substance abusers; (2) identification of such children and families; and (3) education and training of providers of such services. Adds alcohol and drug evaluation, treatment, and prevention to the services to be provided to children (replacing provisions mandating preventive counseling services). Allows services to be delivered to families through an entity that meets State licensure or certification requirements for that service. Mandates aggressive outreach to family members with substance abuse problems. Modifies requirements regarding: (1) mandated services for substance abusers; (2) grant eligibility; and (3) information submitted by grant applicants.
Removes provisions mandating: (1) coordination with the State lead agency and the State Interagency Coordinating Council under the Individuals with Disabilities Education Act; and (2) peer review as part of the grant awarding process.
Authorizes grants for the training of personnel who provide services to vulnerable children and families to assist the professionals in recognizing drug and alcohol problems and to enhance their skills in identifying and obtaining substance abuse prevention and treatment resources.
Authorizes appropriations. | {"src": "billsum_train", "title": "Services for Children of Substance Abusers Reauthorization Act"} | 2,366 | 283 | 0.564569 | 1.542189 | 0.787538 | 2.847909 | 7.787072 | 0.863118 |
SECTION 1. CREDIT FOR INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES.
(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. INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of an
employer, the information technology training program credit determined
under this section is an amount equal to 20 percent of information
technology training program expenses paid or incurred by the taxpayer
during the taxable year.
``(b) Additional Credit Percentage for Certain Programs.--The
percentage under subsection (a) shall be increased by 5 percentage
points for information technology training program expenses paid or
incurred--
``(1) by the taxpayer with respect to a program operated
in--
``(A) an empowerment zone or enterprise community
designated under part I of subchapter U,
``(B) a school district in which at least 50
percent of the students attending schools in such
district are eligible for free or reduced-cost lunches
under the school lunch program established under the
National School Lunch Act,
``(C) an area designated as a disaster area by the
Secretary of Agriculture or by the President under the
Disaster Relief and Emergency Assistance Act in the
taxable year or the 4 preceding taxable years,
``(D) a rural enterprise community designated under
section 766 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies
Appropriations Act, 1999, or
``(E) an area designated by the Secretary of
Agriculture as a Rural Economic Area Partnership Zone,
or
``(2) by a small employer.
``(c) Limitation.--The amount of information technology training
program expenses with respect to an individual which may be taken into
account under subsection (a) for the taxable year shall not exceed
$6,000.
``(d) Information Technology Training Program Expenses.--For
purposes of this section--
``(1) In general.--The term `information technology
training program expenses' means expenses paid or incurred by
reason of the participation of the employer in any information
technology training program.
``(2) Information technology training program.--The term
`information technology training program' means a program--
``(A) for the training of computer programmers,
systems analysts, and computer scientists or engineers
(as such occupations are defined by the Bureau of Labor
Statistics),
``(B) involving a partnership of--
``(i) employers, and
``(ii) State training programs, school
districts, university systems, or certified
commercial information technology training
providers, and
``(C) at least 50 percent of the costs of which is
paid or incurred by the employers.
``(3) Certified commercial information technology training
provider.--The term `certified commercial information
technology training providers' means a private sector provider
of educational products and services utilized for training in
information technology which is certified with respect to--
``(A) the curriculum that is used for the training,
or
``(B) the technical knowledge of the instructors of
such provider,
by 1 or more software publishers or hardware manufacturers the
products of which are a subject of the training.
``(e) Small Employer.--For purposes of this section, the term
`small employer' means, with respect to any calendar year, any employer
if such employer employed 200 or fewer employees on each business day
in each of 20 or more calendar weeks in such year or the preceding
calendar year.
``(f) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to
information technology training program expenses (determined without
regard to the limitation under subsection (c)).
``(g) Certain rules made applicable.--For purposes of this section,
rules similar to the rules of section 45A(e)(2) and subsections (c),
(d), and (e) of section 52 shall apply.''
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (11),
by striking the period at the end of paragraph (12) and inserting ``,
plus'', and by adding at the end the following:
``(13) the information technology training program credit
determined under section 45D.''
(c) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
``(9) No carryback of section 45D credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the information technology
training program credit determined under section 45D may be
carried back to a taxable year ending before the date of the
enactment of section 45D.''
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45D. Information technology
training program expenses.''
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of enactment of this
Act in taxable years ending after such date. | Amends the Internal Revenue Code to establish a limited employer tax credit for information technology training program expenses. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for information technology training expenses paid or incurred by the employer, and for other purposes."} | 1,239 | 23 | 0.595126 | 1.346723 | 0.306279 | 4.368421 | 60.315789 | 0.789474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Interoperable Communications Act'' or the ``DHS Interoperable
Communications Act''.
SEC. 2. INCLUSION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES IN
RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in paragraph (4) of subsection (a), by inserting before
the period at the end the following: ``, including policies and
directives to achieve and maintain interoperable communications
among the components of the Department''; and
(2) by adding at the end the following new subsection:
``(d) Interoperable Communications Defined.--In this section, the
term `interoperable communications' means the ability of components of
the Department to communicate with each other as necessary, utilizing
information technology systems and radio communications systems to
exchange voice, data, and video in real time, as necessary, for acts of
terrorism, daily operations, planned events, and emergencies.''.
SEC. 3. STRATEGY.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary for Management of the
Department of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a strategy,
which shall be updated as necessary, for achieving and maintaining
interoperable communications (as such term is defined in subsection (d)
of section 701 of the Homeland Security Act of 2002, as added by
section 2 of this Act) among the components of the Department of
Homeland Security, including for daily operations, planned events, and
emergencies, with corresponding milestones, that includes, at a minimum
the following:
(1) An assessment of interoperability gaps in radio
communications among the components of the Department, as of
the date of the enactment of this Act.
(2) Information on efforts and activities, including
current and planned policies, directives, and training, of the
Department since November 1, 2012, to achieve and maintain
interoperable communications among the components of the
Department, and planned efforts and activities of the
Department to achieve and maintain such interoperable
communications.
(3) An assessment of obstacles and challenges to achieving
and maintaining interoperable communications among the
components of the Department.
(4) Information on, and an assessment of, the adequacy of
mechanisms available to the Under Secretary for Management to
enforce and compel compliance with interoperable communications
policies and directives of the Department.
(5) Guidance provided to the components of the Department
to implement interoperable communications policies and
directives of the Department.
(6) The total amount of funds expended by the Department
since November 1, 2012, and projected future expenditures, to
achieve interoperable communications, including on equipment,
infrastructure, and maintenance.
(7) Dates upon which Department-wide interoperability is
projected to be achieved for voice, data, and video
communications, respectively, and interim milestones that
correspond to the achievement of each such mode of
communication.
(b) Supplementary Material.--Together with the strategy required
under subsection (a), the Under Secretary for Management shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate information on any intra-agency effort or task force that has
been delegated certain responsibilities by the Under Secretary relating
to achieving and maintaining interoperable communications among the
components of the Department by the dates referred to in paragraph (9)
of subsection (a), and on who, within each such component, is
responsible for implementing policies and directives issued by the
Under Secretary to so achieve and maintain such interoperable
communications.
SEC. 4. REPORT.
Not later than 220 days after the date of the enactment of this Act
and biannually thereafter, the Under Secretary for Management shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the status of efforts, since the
issuance of the strategy required under section 3, to implement such
strategy, including the following:
(1) Progress on each interim milestone referred to in
paragraph (9) of subsection (a) toward achieving and
maintaining interoperable communications among the components
of the Department.
(2) Information on any policies, directives, guidance, and
training established by the Under Secretary.
(3) An assessment of the level of compliance, adoption, and
participation among the components of the Department with the
policies, directives, guidance, and training established by the
Under Secretary to achieve and maintain interoperable
communications among such components.
(4) Information on any additional resources or authorities
needed by the Under Secretary.
Passed the House of Representatives July 8, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . Department of Homeland Security Interoperable Communications Act or the DHS Interoperable Communications Act - Amends the Homeland Security Act of 2002 to include among the responsibilities of the Under Secretary for Management responsibilities with respect to policies and directives to achieve and maintain interoperable communications among the components of the Department of Homeland Security (DHS). Requires such Under Secretary to submit to the House and Senate homeland security committees a strategy, which shall be updated as necessary, for achieving and maintaining interoperable communications, including for daily operations, planned events, and emergencies, with corresponding milestones, that includes: an assessment of interoperability gaps in radio communications among the DHS components, as of this Act's enactment date; information on DHS efforts and activities, including current and planned policies, directives, and training, since November 1, 2012, to achieve and maintain interoperable communications, and planned efforts and activities to achieve and maintain interoperable communications; an assessment of obstacles and challenges to achieving and maintaining interoperable communications; information on, and an assessment of, the adequacy of mechanisms available to the Under Secretary to enforce and compel compliance with interoperable communications policies and directives of DHS; guidance provided to DHS components to implement interoperable communications policies and directives; the total amount of funds expended by DHS since November 1, 2012, and projected future expenditures, to achieve interoperable communications; and dates upon which DHS-wide interoperability is projected to be achieved for voice, data, and video communications, respectively, and interim milestones. Directs the Under Secretary to submit information on any intra-agency effort or task force that has been delegated responsibilities by the Under Secretary relating to achieving and maintaining interoperable communications within a specified time frame, and on who, within each component, is responsible for implementing policies and directives issued by the Under Secretary to achieve and maintain interoperable communications. Directs the Under Secretary to report on the status of efforts since the issuance of the strategy to implement such strategy, including: (1) progress on each interim milestone; (2) information on any policies, directives, guidance, and training established by the Under Secretary; (3) an assessment of the level of compliance, adoption, and participation among the DHS components with the policies, directives, guidance, and training established by the Under Secretary; and (4) information on any additional resources or authorities needed by the Under Secretary. | {"src": "billsum_train", "title": "Department of Homeland Security Interoperable Communications Act"} | 1,076 | 527 | 0.790691 | 2.758542 | 0.900326 | 6.407489 | 2.251101 | 0.971366 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nuclear Proliferation
Prevention Act of 1998''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Iran remains the world's leading sponsor of
international terrorism and is on the Department of State's
list of countries that provide support for acts of
international terrorism.
(2) Iran has repeatedly called for the destruction of
Israel and Iran supports organizations, such as Hizballah,
Hamas, and the Palestine Islamic Jihad, which are responsible
for terrorist attacks against Israel.
(3) Iranian officials have stated their intent to complete
at least three nuclear power plants by 2015 and are currently
working to complete the Bushehr nuclear power plant located on
the Persian Gulf coast.
(4) The United States has publicly opposed the completion
of reactors at the Bushehr nuclear power plant because the
transfer of civilian nuclear technology and training could help
to advance Iran's nuclear weapons program.
(5) In an April 1997 hearing before the Subcommittee on
Near Eastern and South Asian Affairs of the Committee on
Foreign Relations of the Senate, the former Director of the
Central Intelligence Agency, James Woolsey, stated that through
the operation of the nuclear power reactor at the Bushehr
nuclear power plant, Iran will develop substantial expertise
relevant to the development of nuclear weapons.
(6) Construction of the Bushehr nuclear power plant was
halted following the 1979 revolution in Iran because the former
West Germany refused to assist in the completion the plant due
to concerns that completion of the plant could provide Iran
with expertise and technology which could advance Iran's
nuclear weapons program.
(7) Iran is building up its offensive military capacity in
other areas as evidenced by its recent testing of engines for
ballistic missiles capable of carrying 2,200 pound warheads
more than 800 miles, within range of strategic targets in
Israel.
(8) In January 1995 Iran signed a $780,000,000 contract
with the Russian Federation for Atomic Energy (MINATOM) to
complete a VVER-1000 pressurized-light water reactor at the
Bushehr nuclear power plant.
(9) In March of 1998, Russia confirmed its intention to
complete work on the two reactors at the Bushehr nuclear power
plant and agreed in principle to the construction of two more
reactors at the Bushehr site.
(10) At least one reactor could be operational within a few
years and it would subsequently provide Iran with substantial
expertise to advance its nuclear weapons program.
(11) Iran ranks tenth among the 105 nations receiving
assistance from the technical cooperation program of the
International Atomic Energy Agency.
(12) Between 1995 and 1999, the International Atomic Energy
Agency has provided and is expected to provide a total of
$1,550,000 through its Technical Assistance and Cooperation
Fund for the Iranian nuclear power program, including reactors
at the Bushehr nuclear power plant.
(13) The United States provides annual contributions to the
International Atomic Energy Agency which total more than 25
percent of the annual assessed budget of the Agency and the
United States also provides annual voluntary contributions to
the Technical Assistance and Cooperation Fund of the Agency
which total approximately 32 percent ($16,000,000 in 1996) of
the annual budget of the program.
(14) The United States should not voluntarily provide
funding for the completion of nuclear power reactors which
could provide Iran with substantial expertise to advance its
nuclear weapons program and potentially pose a threat to the
United States or its allies.
(15) Iran has no need for nuclear energy because of its
immense oil and natural gas reserves which are equivalent to
9.3 percent of the world's reserves and Iran has 73,000,000,000
cubic feet of natural gas, an amount second only to the natural
gas reserves of Russia.
SEC. 3. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL
ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN IRAN.
Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227)
is amended by adding at the end the following:
``(d) Notwithstanding subsection (c), the limitations of subsection
(a) shall apply to programs and projects of the International Atomic
Energy Agency in Iran, unless the Secretary of State makes a
determination in writing to the Committee on International Relations of
the House of Representatives and the Committee on Foreign Relations of
the Senate pursuant to section 4(a)(1) of the Iran Nuclear
Proliferation Prevention Act of 1998, that such programs and projects
are consistent with United States nuclear nonproliferation and safety
goals and will not provide Iran with training or expertise relevant to
the development of nuclear weapons.''.
SEC. 4. ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND PROJECTS OF
THE INTERNATIONAL ATOMIC ENERGY AGENCY; UNITED STATES
OPPOSITION TO PROGRAMS AND PROJECTS OF THE AGENCY IN
IRAN.
(a) Annual Review.--
(1) In general.--The Secretary of State shall undertake a
comprehensive annual review of all programs and projects of the
International Atomic Energy Agency in the countries described
in section 307(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2227(a)) and shall determine if such programs and
projects are consistent with United States nuclear
nonproliferation and safety goals.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act and on an annual basis thereafter for 5
years, the Secretary shall prepare and submit to the Congress a
report containing the results of the review under paragraph
(1).
(b) Opposition to Certain Programs and Projects of International
Atomic Energy Agency.--The Secretary of State shall direct the United
States representative to the International Atomic Energy Agency to
oppose programs of the Agency that are determined by the Secretary
under the review conducted under subsection (a)(1) to be inconsistent
with nuclear nonproliferation and safety goals of the United States.
SEC. 5. REPORTING REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and on an annual basis thereafter for 5 years,
the Secretary of State, in consultation with the United States
representative to the International Atomic Energy Agency, shall prepare
and submit to the Congress a report that--
(1) describes the total amount of annual assistance to Iran
from the International Atomic Energy Agency, a list of Iranian
officials in leadership positions at the Agency, the expected
timeframe for the completion of the nuclear power reactors at
the Bushehr nuclear power plant, and a summary of the nuclear
materials and technology transferred to Iran from the Agency in
the preceding year which could assist in the development of
Iran's nuclear weapons program; and
(2) contains a description of all programs and projects of
the International Atomic Energy Agency in each country
described in section 307(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2227(a)) and any inconsistencies between the
technical cooperation and assistance programs and projects of
the Agency and United States nuclear nonproliferation and
safety goals in these countries.
(b) Additional Requirement.--The report required to be submitted
under subsection (a) shall be submitted in an unclassified form, to the
extent appropriate, but may include a classified annex.
SEC. 7. SENSE OF THE CONGRESS.
It is the sense of the Congress that the United States Government
should pursue internal reforms at the International Atomic Energy
Agency that will ensure that all programs and projects funded under the
Technical Cooperation and Assistance Fund of the Agency are compatible
with United States nuclear nonproliferation policy and international
nuclear nonproliferation norms.
Passed the House of Representatives October 20, 1998.
Attest:
Clerk. | Iran Nuclear Proliferation Prevention Act of 1998 - Amends the Foreign Assistance Act of 1961 to withhold U.S. voluntary contributions from programs and projects of the International Atomic Energy Agency in Iran unless the Secretary of State makes a determination in writing to certain congressional committees that such programs and projects are consistent with U.S. nuclear nonproliferation and safety goals and will not provide Iran with training or expertise relevant to nuclear programs' development. Instructs the Secretary to review and report to the Congress annually for five years on all Agency programs and projects in specified countries to determine if they are consistent with U.S. nuclear nonproliferation and safety goals. Requires the Secretary to direct the U.S. representative to the Agency to oppose Agency programs determined inconsistent with U.S. nuclear nonproliferation and safety goals.
Directs the Secretary to report annually to the Congress for five years on specified aspects of annual Agency assistance to Iran, including nuclear materials technology transfer, and inconsistencies between Agency technical assistance programs and U.S. nuclear nonproliferation and safety goals.
Expresses the sense of the Congress that the United States should pursue internal Agency reforms that will ensure that all programs funded under the Technical Cooperation and Assistance Fund are compatible with U.S. nuclear nonproliferation policy and international nuclear nonproliferation norms. | {"src": "billsum_train", "title": "Iran Nuclear Proliferation Prevention Act of 1998"} | 1,662 | 289 | 0.430709 | 1.29411 | 0.658508 | 3.563877 | 6.779736 | 0.885463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft and Financial Privacy
Protection Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the crime of identity theft has become one of the major
law enforcement challenges of the new economy, as vast
quantities of sensitive, personal information are now
vulnerable to criminal interception and misuse;
(2) according to the Attorney General, ``in addition to the
credit card and financial fraud crimes often committed,
identity theft is a major facilitator of international
terrorism'';
(3) a number of indicators reveal that, despite increased
public awareness of the crime, the incidents of identity theft
continue to rise;
(4) 1,000,000 consumers annually call the Fraud Victim
Assistance Department of one national consumer reporting
agency, a number that almost doubled from 1997 to 2001;
(5) between January and December of 2002, the complaint
database operated by the Federal Trade Commission received
380,103 consumer fraud and identity theft complaints, with
reported losses from fraud of more than $343,000,000;
(6) allegations of identity theft reported to the fraud
hotline of the Social Security Administration increased from
11,058 in fiscal year 1998 to 46,480 in fiscal year 2000;
(7) in its fiscal year 2000 annual report, the Postal
Inspection Service noted that identity theft is a growing trend
and the agency's investigations of such crimes has ``increased
by 67 percent since last year'';
(8) an integral part of many identity crimes involves the
interception of personal financial data or the fraudulent
acquisition of credit cards and other financial products in
another person's name;
(9) identity theft is an act that violates the privacy of
our citizens and ruins their good names, victims can suffer
restricted access to credit and diminished employment
opportunities, and may spend years repairing damage to credit
histories;
(10) the resources available to identity theft victims are
inadequate, and both private sector and Federal agencies should
provide better and more sympathetic assistance to such victims;
and
(11) credit reporting agencies and issuers of credit should
have uniform reporting requirements and effective fraud alerts
to assist identity theft victims in repairing and protecting
their credit.
SEC. 3. IDENTITY THEFT PREVENTION.
(a) Changes of Address.--
(1) Duty of issuers of credit.--Section 132 of the Truth in
Lending Act (15 U.S.C. 1642) is amended--
(A) by inserting ``(a) In General.--'' before ``No
credit''; and
(B) by adding at the end the following:
``(b) Confirmation of Changes of Address.--If a card issuer
receives a request for an additional credit card with respect to an
existing credit account not later than 30 days after receiving
notification of a change of address for that account, the card issuer
shall--
``(1) notify the cardholder of the request at both the new
address and the former address in accordance with reasonable
policies and procedures established by the card issuer pursuant
to regulations which the Board shall prescribe; and
``(2) provide to the cardholder a means of promptly
reporting incorrect changes.''.
(2) Duty of consumer reporting agencies.--Section 605 of
the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by
adding at the end the following:
``(g) Notice of Potential Fraud.--In any case in which a person has
requested a consumer report relating to a consumer, and the request
includes an address for the consumer that substantially differs from
the most recent address in the file of the consumer, the consumer
reporting agency shall--
``(1) notify the requester of the discrepancy; and
``(2) reconcile or resolve any substantial variation
between the most recent address in the file of the consumer at
the agency and the address contained in the request, in
accordance with reasonable policies and procedures established
by the consumer reporting agency.''.
(3) Enforcement.--
(A) Federal trade commission.--Except as provided
in subparagraph (B), compliance with section 132(b) of
the Truth in Lending Act (as added by this subsection)
shall be enforced by the Federal Trade Commission in
the same manner and with the same power and authority
as the Commission has under the Fair Debt Collection
Practices Act to enforce compliance with that Act.
(B) Other agencies in certain cases.--
(i) In general.--Compliance with section
132(b) of the Truth in Lending Act (as added by
this subsection) shall be enforced under--
(I) section 8 of the Federal
Deposit Insurance Act, in the case of a
card issuer that is--
(aa) a national bank or a
Federal branch or Federal
agency of a foreign bank, by
the Office of the Comptroller
of the Currency;
(bb) a member bank of the
Federal Reserve System (other
than a national bank), a branch
or agency of a foreign bank
(other than a Federal branch,
Federal agency, or insured
State branch of a foreign
bank), a commercial lending
company owned or controlled by
a foreign bank, or an
organization operating under
section 25 or 25A of the
Federal Reserve Act, by the
Board of Governors of the
Federal Reserve System;
(cc) a bank insured by the
Federal Deposit Insurance
Corporation (other than a
member of the Federal Reserve
System or a national nonmember
bank) or an insured State
branch of a foreign bank, by
the Board of Directors of the
Federal Deposit Insurance
Corporation; and
(dd) a savings association,
the deposits of which are
insured by the Federal Deposit
Insurance Corporation, by the
Director of the Office of
Thrift Supervision; and
(II) the Federal Credit Union Act,
by the Administrator of the National
Credit Union Administration in the case
of a card issuer that is a Federal
credit union, as defined in that Act.
(C) Violations treated as violations of other
laws.--For the purpose of the exercise by any agency
referred to in this paragraph of its powers under any
Act referred to in this paragraph, a violation of
section 132(b) of the Truth in Lending Act (as added by
this subsection) shall be deemed to be a violation of a
requirement imposed under that Act. In addition to its
powers under any provision of law specifically referred
to in subparagraph (A) or (B), each of the agencies
referred to in those subparagraphs may exercise, for
the purpose of enforcing compliance with section 132(b)
of the Truth in Lending Act (as added by this
subsection), any other authority conferred on such
agency by law.
(b) Fraud Alerts.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended by adding at the end the following:
``(h) Fraud Alerts.--
``(1) In general.--Upon the request of a consumer who
expresses a suspicion that the consumer has been or is about to
become a victim of fraud or related crime, and upon receiving
proper identification, a consumer reporting agency shall
include a fraud alert in the file of that consumer.
``(2) Notice to users.--A consumer reporting agency shall
notify each person procuring consumer credit information with
respect to a consumer of the existence of a fraud alert in the
file of that consumer, regardless of whether a full credit
report, credit score, or summary report is requested.
``(3) Penalties.--Any user of a consumer report who issues
or extends credit in the name of the consumer to a person other
than the consumer without attempting to comply with the
preauthorization procedures contained in a fraud alert in
effect for such consumer shall be in violation of this section.
``(4) Definition.--In this subsection, the term `fraud
alert' means a clear and conspicuous statement in the file of a
consumer that notifies all prospective users of a consumer
report made with respect to that consumer that the consumer
does not authorize the issuance or extension of credit in the
name of the consumer unless--
``(A) the issuer of such credit first obtains
verbal authorization from the consumer at a telephone
number designated by the consumer; or
``(B) the issuer of such credit utilizes another
reasonable means of communication to obtain the express
preauthorization of the consumer.
``(5) Exceptions.--
``(A) Resellers.--
``(i) In general.--The provisions of this
subsection shall not apply to a consumer
reporting agency that acts as a reseller of
information by assembling and merging
information contained in the database of
another consumer reporting agency or multiple
consumer reporting agencies, and does not
maintain a permanent database of the assembled
or merged information from which new consumer
reports are produced.
``(ii) Limitation.--A reseller of assembled
or merged information shall preserve any fraud
alert placed on a consumer report by another
consumer reporting agency.
``(B) Exempt institutions.--The requirement under
this subsection to place a fraud alert in a consumer
file shall not apply to--
``(i) a check services company, which
issues authorizations for the purpose of
approving or processing negotiable instruments,
electronic funds transfers, or similar methods
of payments; or
``(ii) a demand deposit account information
service company, which issues reports regarding
account closures due to fraud, substantial
overdrafts, ATM abuse, or similar negative
information regarding a consumer, to inquiring
banks or other financial institutions for use
only in reviewing a consumer request for a
demand deposit account at the inquiring bank or
financial institution.''.
(c) Rules on Complaint Referral, Investigations, and Inquiries.--
Not later than 365 days after the date of enactment of this Act, the
Federal Trade Commission (in this subsection referred to as the
``Commission'') shall prescribe rules in accordance with section 553 of
title 5, United States Code--
(1) to develop procedures for referral of consumer
complaints about identity theft and fraud alerts between and
among the consumer reporting agencies and the Commission; and
(2) to develop a model form and standard procedures to be
used by consumers who are victims of identity fraud for
contacting and informing creditors and consumer reporting
agencies of the fraud.
SEC. 4. TRUNCATION OF CREDIT CARD AND DEBIT CARD ACCOUNT NUMBERS.
(a) In General.--Except as provided in this section, no person,
firm, partnership, association, corporation, or limited liability
company that accepts credit cards or debit cards for the transaction of
business shall print more than the last 4 digits of the credit card
account number or the expiration date upon any receipt provided to the
cardholder at the point of the sale or transaction.
(b) Limitation.--This section applies only to receipts that are
electronically printed, and does not apply to transactions in which the
sole means of recording the person's credit card or debit card account
number is by handwriting or by an imprint or copy of the credit card or
debit card.
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Credit card.--The term ``credit card'' has the same
meaning as in section 103(k) of the Truth in Lending Act.
(2) Debit card.--The term ``debit card'' means any card
issued by a financial institution to a consumer for use in
initiating electronic fund transfers (as defined in section
903(6) of the Electronic Fund Transfer Act) from the account of
the consumer at such financial institution for the purpose of
transferring money between accounts or obtaining money,
property, labor, or services.
(d) Effective Date.--This section shall become effective on--
(1) January 1, 2007, with respect to any cash register or
other machine or device that electronically prints receipts for
credit card transactions that is in use before January 1, 2005;
and
(2) January 1, 2005, with respect to any cash register or
other machine or device that electronically prints receipts for
credit card transactions that is first put into use on or after
such date.
SEC. 5. FREE REPORTS ANNUALLY.
Section 612(c) of the Fair Credit Reporting Act (15 U.S.C.
1681j(c)) is amended to read as follows:
``(c) Free Annual Disclosure.--Upon the request of the consumer, a
consumer reporting agency shall make all disclosures pursuant to
section 609 once during any 12-month period without charge to the
consumer.''. | Identity Theft and Financial Privacy Protection Act of 2003 - Amends the Truth in Lending Act to prescribe duties imposed upon: (1) a card issuer with respect to confirmation of a consumer's changes of address; and (2) a consumer reporting agency with respect to notice of potential fraud.
Amends the Fair Credit Reporting Act to prescribe duties imposed upon a consumer reporting agency with respect to notice of potential fraud.
Exempts from such requirements: (1) certain consumer reporting agencies acting as resellers of information; (2) certain check services companies; and (3) certain demand deposit account information service companies.
Mandates truncation of credit card and debit card account numbers.
Requires a consumer reporting agency to furnish, upon consumer request, a free annual disclosure of the information in the consumer's file. | {"src": "billsum_train", "title": "To prevent identity theft, and for other purposes."} | 2,759 | 175 | 0.489567 | 1.400605 | 0.711283 | 2.942675 | 16.43949 | 0.917197 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Childhood Immunizations Improvement
Act of 1993''.
SEC. 2. ESTABLISHMENT OF DEMONSTRATION PROGRAM REGARDING CHILDHOOD
IMMUNIZATIONS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.), as amended by section 308 of Public Law 102-531 (106 Stat.
3495), is amended by inserting after section 317D the following
section:
``demonstration program regarding childhood immunizations
``Sec. 317E. (a) In General.--The Secretary may make grants to
States to carry out demonstration projects for the purpose of providing
to children, without charge, immunizations against vaccine-preventable
diseases in accordance with the schedule established under subsection
(d).
``(b) Requirement Regarding Project Sites.--The Secretary may make
a grant under subsection (a) only if the State involved agrees that
immunizations provided pursuant to such subsection will be provided
exclusively on the premises of facilities at which individuals are
required to present themselves for purposes relating to the receipt of
assistance under--
``(1) a State plan approved under part A of title IV of the
Social Security Act (relating to aid to families with dependent
children);
``(2) the Food Stamp Act of 1977; or
``(3) other Federal or State programs, subject to the
approval of the Secretary.
``(c) Parental Incentives Regarding Immunizations.--With respect to
a program of assistance specified in or approved under subsection (b),
the Secretary may make a grant under subsection (a) only if--
``(1) the State involved identifies which of such programs
are being administered at the facility or facilities at which
immunizations are to be provided pursuant to subsections (a)
and (b);
``(2) the State submits to the Secretary a plan for
increasing, decreasing, or denying assistance under the
programs so identified as inducements to parents to ensure that
the children of the parents are immunized in accordance with
the schedule established under subsection (d);
``(3) the programs so identified authorize the inducements
that are provided for in the plan;
``(4) the Secretary approves the plan; and
``(5) the State agrees that, in carrying out such programs,
the State will implement such inducements in accordance with
the plan.
``(d) Schedule of Immunizations.--The Secretary shall--
``(1) establish a list of the vaccines that the Secretary
recommends for administration to all children for the purpose
of immunizing the children against vaccine-preventable diseases
(subject to such contraindications for particular medical
categories of children as the Secretary may establish); and
``(2) establish a schedule of recommendations with respect
to administering the vaccines to children, including
recommendations regarding the age of children, the number of
immunizations, and the dosage of vaccines.
``(e) Rule of Construction Regarding Eligibility for
Immunizations.--Subsections (b) and (c) may not be construed as
prohibiting the Secretary from authorizing grantees under subsection
(a) to provide immunizations pursuant to such subsection to the
children of individuals who are not receiving assistance under any of
the programs specified in or approved under subsection (b).
``(f) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $2,000,000 for
each of the fiscal years 1994 through 1997.''.
SEC. 3. AUTHORIZATION IN SOCIAL SECURITY ACT WITH RESPECT TO
DEMONSTRATION PROGRAM.
Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (44);
(2) by striking the period at the end of paragraph (45) and
inserting ``; and''; and
(3) by inserting after paragraph (45) the following:
``(46) at the option of the State, provide for increasing,
decreasing, or denying aid under the plan as an inducement to
parents for purposes of demonstration projects under section
317E of the Public Health Service Act (relating to
immunizations for children).''.
SEC. 4. AUTHORIZATION IN FOOD STAMP ACT OF 1977 WITH RESPECT TO
DEMONSTRATION PROGRAM.
(a) Reduction of Allotment.--Section 8 of the Food Stamp Act of
1977 (7 U.S.C. 2017) is amended by adding at the end the following:
``(f)(1) The allotment issued to a household that--
``(A) includes a child less than 2 years of age; and
``(B) reports to a State agency office located in a
facility in which immunizations are made available to such
child under a demonstration project carried out under section
317E of the Public Health Service Act;
shall be determined monthly in accordance with paragraph (2).
``(2) If such household fails to demonstrate to the satisfaction of
the State agency that such child has received each immunization from
such project (or from an alternative source) in accordance with the
immunization schedule in effect under section 317E(d) of such Act, the
allotment of such household determined under this section without
regard to this subsection shall be reduced by such amount, and for such
period, as the State agency determines to be an appropriate inducement
to obtain such immunization from such project for such child.''.
(b) Effective Date and Application of Amendment.--
(1) Effective date.--Except as provided in paragraph (2),
the amendment made by subsection (a) shall take effect on
October 1, 1994.
(2) Application of amendment.--The amendment made by
subsection (a) shall not apply with respect to certification
periods beginning before the October 1, 1994. | Childhood Immunizations Improvement Act of 1993 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants to States to carry out demonstration projects to provide children, without charge, immunizations against vaccine-preventable diseases. Authorizes appropriations for FY 1994 through 1997.
Amends the Social Security Act and the Food Stamp Act to provide authorizations with respect to such demonstration project. | {"src": "billsum_train", "title": "Childhood Immunizations Improvement Act of 1993"} | 1,426 | 93 | 0.581099 | 1.366739 | 1.154433 | 3.565789 | 16.565789 | 0.881579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Healthy Oceanic Recovery
and Enhancement Act''.
SEC. 2. TRANSFER OF AUTHORITY TO ISSUE PERMITS FOR TRANSPORTATION OF
DREDGED MATERIAL FOR OCEAN DUMPING.
(a) Transfer.--The authority under section 103 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) to
issue permits for transportation of dredged material for the purpose of
dumping it into ocean waters is transferred from the Secretary of the
Army to the Commission on Dredge Material Policy established by the
amendment made by section 3 of this Act (in this section referred to as
the ``Commission'').
(b) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department or office from which authority is
transferred by this section to the head of such department or office,
or to such department or office, is deemed to refer to the Commission.
(c) Exercise of Authorities.--Except as otherwise provided by law,
the Commission may, for purposes of performing the authority
transferred by this section, exercise all authorities under any other
provision of law that were available with respect to the exercise of
that authority to the Secretary of the Army immediately before the
effective date of the transfer of the function under this section.
(d) Savings Provisions.--
(1) Legal documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(A) that have been issued, made, granted, or
allowed to become effective by the Secretary of the
Army or any other Government official, or by a court of
competent jurisdiction, in the exercise of any
authority that is transferred by this section, and
(B) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
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 Commission, a court
of competent jurisdiction, or operation of law.
(2) Proceedings.--This section shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the date of the enactment of this Act with respect to any
authority transferred by this section, 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 section 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 paragraph shall be considered 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
section had not been enacted.
(3) Suits.--This section 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
section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against any individual in the
official capacity of such individual as an officer or employee
responsible for exercising an authority transferred by this
section, shall abate by reason of the enactment of this Act.
(5) Continuance of suits.--If any Government officer in the
official capacity of such officer is party to a suit with
respect to a function of the officer, and under this section
the authority to perform such function is transferred to any
other officer or office, then such suit shall be continued with
the other officer or the head of such other office, as
applicable, substituted or added as a party.
(6) Administrative procedure and judicial review.--Except
as otherwise provided by this Act, any statutory requirements
relating to notice, hearings, action upon the record, or
administrative or judicial review that apply to the exercise of
any authority transferred by this section shall apply to the
exercise of such authority by the Commission.
(e) Transfer of Assets.--Except as otherwise provided in this Act,
so much of the personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds employed, used, held,
available, or to be made available in connection with an authority
transferred to the Commission by this section shall be available to the
Commission at such time or times as the Director of the Office of
Management and Budget directs for use in connection with the
authorities transferred.
(f) Delegation and Assignment.--Except as otherwise expressly
prohibited by law or otherwise provided in this Act, the Commission may
delegate any of the authorities transferred to the Commission by this
section to such officers and employees of the Commission as the
Commission may designate, and may authorize successive redelegations of
such authority as may be necessary or appropriate. No delegation of
functions under this subsection or under any other provision of this
Act shall relieve the Commission of responsibility for the
administration of the authority.
(g) Authority of Director of the Office of Management and Budget
With Respect to Functions Transferred.--
(1) Determinations.--If necessary, the Director of the
Office of Management and Budget shall make any determination of
the authority that are transferred under this section.
(2) Incidental transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director
shall provide, may make such determinations as may be necessary
with regard to the authority transferred by this section, and
may make such additional incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
authority as may be necessary to carry out the provisions of
this Act. The Director shall provide for the termination of the
affairs of all entities terminated pursuant to this Act and for
such further measures and dispositions as may be necessary to
effectuate this Act.
(h) Availability of Existing Funds.--Existing appropriations and
funds available for the performance of functions, programs, and
activities terminated pursuant to this Act shall remain available, for
the duration of their period of availability, for necessary expenses in
connection with the termination and resolution of such functions,
programs, and activities.
(i) Conforming Amendments.--The Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413) is amended--
(1) in section 3 (33 U.S.C. 1402) by adding at the end the
following:
``(n) The term `Commission' means the Commission on Dredge Material
Policy established by title IV.'';
(2) in title I by striking ``Secretary'' each place it
appears in reference to the Secretary of the Army, other than
in section 106(d)(2)(C) (33 U.S.C. 1416(d)(2)(C)), and
inserting ``Commission'';
(3) in section 103 (33 U.S.C. 1413) by striking the section
heading and inserting the following:
``permits for transportation of dredged material'';
and
(4) in section 106(d)(2)(C) (33 U.S.C. 1416(d)(2)(C)) by
striking ``Secretary of the Army'' and inserting
``Commission''.
SEC. 3. ESTABLISHMENT OF COMMISSION ON DREDGE MATERIAL POLICY.
The Marine Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 1401 et seq.) is amended by adding at the end the following:
``TITLE IV--COMMISSION ON DREDGED MATERIAL POLICY
``SEC. 401. ESTABLISHMENT.
``There is established a commission to be known as the `Commission
on Dredged Material Policy'.
``SEC. 402. DUTIES OF COMMISSION.
``The Commission shall carry out the duties of the Commission under
title I of this Act.
``SEC. 403. MEMBERSHIP.
``(a) Number and Appointment.--
``(1) In general.--The Commission shall be composed of 16
members appointed by the President by and with the advice and
consent of the Senate, from among individuals who are
knowledgeable in ocean and dredging activities, including
individuals representing State and local governments, ocean-
related industries, academic and technical institutions, and
public interest organizations involved with scientific,
regulatory, economic, and environmental ocean and dredging
activities. The membership of the Commission shall be balanced
geographically to the extent consistent with maintaining the
highest level of expertise on the Commission.
``(2) Recommendations.--Of the members of the Commission
appointed under this subsection--
``(A) 4 shall be appointed from a list of 8
individuals who shall be recommended by the majority
leader of the Senate in consultation with the Chairman
of the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) 4 shall be appointed from a list of 8
individuals who shall be recommended by the Speaker of
the House of Representatives in consultation with the
Chairmen of the Committees on Resources, Transportation
and Infrastructure, and Science of the House;
``(C) 2 shall be appointed from a list of 4
individuals who shall be recommended by the minority
leader of the Senate in consultation with the ranking
minority party member of the Committee on Commerce,
Science, and Transportation of the Senate; and
``(D) 2 shall be appointed from a list of 4
individuals who shall be recommended by the minority
leader of the House of Representatives in consultation
with the ranking minority party members of the
Committees on Resources, Transportation and
Infrastructure, and Science of the House.
``(b) Terms.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), each member shall be appointed for a term of 4 years.
``(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
``(A) 4 shall be appointed for a term of 3 years;
and
``(B) 2 shall be appointed for a term of 2 years.
``(3) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office. A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
``(c) Basic Pay.--Members of the Commission shall each be entitled
to receive the daily equivalent of the minimum annual rate of basic pay
payable for grade GS-4 of the General Schedule for each day (including
travel time) during which they are engaged in the actual performance of
duties vested in the Commission.
``(d) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
``(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
``(f) Chairperson.--The Chairperson of the Commission shall be
elected by the members of the Commission. The term of office of the
Chairperson shall be 2 years.
``(g) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members, except that the first meeting
of the Commission shall occur not later than 30 days after the
completion of appointment of its members.
``SEC. 404. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
``(a) Staff.--With the approval of the Chairperson, the Chairperson
may appoint and fix the pay of personnel as the Chairperson considers
appropriate.
``(c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
Act.
``SEC. 405. POWERS OF COMMISSION.
``(a) Hearings and Sessions.--The Commission may, for the purpose
of carrying out this Act, hold hearings, sit and act at times and
places, take testimony, and receive evidence as the Commission
considers appropriate.
``(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
``(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
``(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
``(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
``(f) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies and
services.''. | Amends the Act to establish the Commission on Dredged Material Policy. | {"src": "billsum_train", "title": "Safe and Healthy Oceanic Recovery and Enhancement Act"} | 3,163 | 17 | 0.388445 | 1.091318 | -0.59198 | 1.833333 | 236.583333 | 0.833333 |
SECTION 1. LAND EXCHANGE, BUREAU OF LAND MANAGEMENT LAND IN MARICOPA
COUNTY, ARIZONA, FOR PRIVATE LAND IN YAVAPAI COUNTY,
ARIZONA.
(a) Findings.--Congress finds the following:
(1) Certain parcels of private land located in Yavapai
County in the State of Arizona near Lake Pleasant are
intermingled with land owned by the United States and
administered by the Secretary of the Interior through the
Bureau of Land Management.
(2) A land exchange that would dispose of small isolated
tracts within larger blocks of contiguous parcels of land would
improve the management efficiency of the Federal land and serve
important public objectives, including--
(A) the enhancement of public access, aesthetics,
and recreational opportunities adjacent to Lake
Pleasant; and
(B) the protection and enhancement of habitat for
threatened and sensitive species within unified
landscapes under Federal management.
(b) Definitions.--In this section:
(1) The term ``acquired land'' means the land described in
subsection (c)(1) to be acquired by the United States.
(2) The term ``conveyed land'' means the land described in
subsection (c)(2) to be conveyed by the Secretary.
(3) The term ``map'' means the map entitled ``Lake Pleasant
Land Exchange'', which shall be on file and available for
public inspection in the offices of the Secretary and the
Arizona State Director of the Bureau of Land Management.
(4) The term ``Secretary'' means the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management.
(c) Land Exchange.--
(1) Acquisition of private lands.--As consideration for the
conveyance of the Federal lands referred to in paragraph (2),
Pleasant Country Ltd. shall convey to the Secretary parcels of
private land, as generally depicted on the map, designated from
the approximately 8,000 acres of private land in the vicinity
of Lake Pleasant in Yavapai County, Arizona.
(2) Conveyance of federal lands.--In exchange for the
private lands acquired by the Secretary under paragraph (1),
the Secretary shall convey to Pleasant Country Ltd. all right,
title, and interest of the United States in and to Bureau of
Land Management lands (of equal value to the acquired land)
located--
(A) in sections 13, 14, 15, 22, 23, 24, and 25,
township 6 north, range 2 west, Gila and Salt River
meridian;
(B) in sections 17 through 30, township 6 north,
range 1 west, Gila and Salt River meridian; or
(C) elsewhere in the State of Arizona that, before
the date the land exchange is completed, are determined
to be surplus to the needs of the United States and are
acceptable to both the Secretary and Pleasant Country
Ltd.
(3) Conditions on acceptance.--Title to the acquired land
shall conform with the title approval standards applicable to
Federal land acquisitions, and the acquired land shall be
subject to valid existing rights of record. Title to the
conveyed land shall be acceptable to Pleasant Country Ltd., and
the conveyed land may be subject to only those deed
restrictions approved by both the Secretary and Pleasant
Country Ltd. before preparation of the appraisal.
(d) Equal Value Exchange.--The values of the acquired land and the
conveyed land shall be equal according to the appraisal conducted
pursuant to subsection (e) and approved by both the Secretary and
Pleasant Country Ltd.
(e) Appraisal.--
(1) Selection of appraiser.--The Secretary shall select a
qualified appraiser acceptable to both the Secretary and
Pleasant Country Ltd. to establish the value of the acquired
land and the conveyed land.
(2) Standards.--The selected appraiser shall use nationally
recognized appraisal standards to establish the value of the
acquired land and the conveyed land, including, as appropriate,
the following:
(A) The Uniform Appraisal Standards for Federal
Land Acquisitions (1992).
(B) The Uniform Standards of Professional Appraisal
Practice.
(C) Section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(D) The Federal Land Exchange Facilitation Act of
1988 (Public Law 100-409; 102 Stat. 1086; 43 U.S.C.
1701 note).
(3) Approval.--Not later than 180 days after the date of
the date of the enactment of this Act, all appraisals of the
acquired land and the conveyed land shall be completed and
submitted to the Secretary and Pleasant Country Ltd. for
approval. In the case of a dispute concerning an appraisal or
appraisal issue that arises under this subsection, the
appraisal or appraisal issue in dispute shall be resolved in
accordance with section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(f) Completion.--Notwithstanding any other provision of law, all
conveyances under subsection (c) shall be completed within 90 days
after the later of the following dates:
(1) The date on which the conditions set forth in
subsection (c)(3) are met.
(2) The date on which the appraisal under subsection (e) is
approved by both the Secretary and Pleasant Country Ltd., or,
in the case of a dispute concerning an appraisal or appraisal
issue that arises under such subsection, the date the dispute
is resolved as provided in such subsection.
(g) Relation to Other Law.--The land exchange authorized by this
section shall not be considered a major Federal action for the purposes
of section 102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)). | Directs the Secretary of the Interior to convey to Pleasant Country Ltd. all right, title, and interest of the United States in and to certain Federal lands in Maricopa County, Arizona, in exchange for lands of equal value designated from the approximately 8,000 acres of private land in the vicinity of Lake Pleasant in Yavapai County, Arizona. Declares that the exchange shall not be considered a major Federal action for the purposes of the National Environmental Policy Act of 1969. | {"src": "billsum_train", "title": "To provide for the conveyance of certain Federal lands administered by the Bureau of Land Management in Maricopa County, Arizona, in exchange for private lands located in Yavapai County, Arizona, and for other purposes."} | 1,241 | 100 | 0.606047 | 1.802521 | 0.627197 | 7.183908 | 13.091954 | 0.977011 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death in Custody Reporting Act of
2009''.
SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY
OF LAW ENFORCEMENT.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (c)(1) in which a State receives funds
for a program referred to in subsection (c)(2), the State shall report
to the Attorney General, on a quarterly basis and pursuant to
guidelines established by the Attorney General, information regarding
the death of any person who is detained, under arrest, or is in the
process of being arrested, is en route to be incarcerated, or is
incarcerated at a municipal or county jail, State prison, State-run
boot camp prison, boot camp prison that is contracted out by the State,
any State or local contract facility, or other local or State
correctional facility (including any juvenile facility).
(b) Information Required.--The report required by this section
shall contain information that, at a minimum, includes--
(1) the name, gender, race, ethnicity, and age of the
deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or
was in the process of arresting the deceased; and
(4) a brief description of the circumstances surrounding
the death.
(c) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than
120 days from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional
120 days to a State that is making good faith efforts
to comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a), shall, at the
discretion of the Attorney General, be subject to not more than
a 10 percent reduction of the funds that would otherwise be
allocated for that fiscal year to the State under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as
the Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, the Local Government Law Enforcement Block
Grants Program, the Edward Byrne Memorial Justice Assistance
Grant Program, or otherwise.
(d) Reallocation.--Amounts not allocated under a program referred
to in subsection (c)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
(e) Definitions.--In this section the terms ``boot camp prison''
and ``State'' have the meaning given those terms, respectively, in
section 901(a) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791(a)).
(f) Study and Report of Information Relating to Deaths in
Custody.--
(1) Study required.--The Attorney General shall carry out a
study of the information reported under subsection (b) and
section 3(a) to--
(A) determine means by which such information can
be used to reduce the number of such deaths; and
(B) examine the relationship, if any, between the
number of such deaths and the actions of management of
such jails, prisons, and other specified facilities
relating to such deaths.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall prepare and
submit to Congress a report that contains the findings of the
study required by paragraph (1).
SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING REQUIREMENT.
(a) In General.--For each fiscal year (beginning after the date
that is 120 days after the date of the enactment of this Act), the head
of each Federal law enforcement agency shall submit to the Attorney
General a report (in such form and manner specified by the Attorney
General) that contains information regarding the death of any person
who is--
(1) detained, under arrest, or is in the process of being
arrested by any officer of such Federal law enforcement agency
(or by any State or local law enforcement officer while
participating in and for purposes of a Federal law enforcement
operation, task force, or any other Federal law enforcement
capacity carried out by such Federal law enforcement agency);
or
(2) en route to be incarcerated or detained, or is
incarcerated or detained at--
(A) any facility (including any immigration or
juvenile facility) pursuant to a contract with such
Federal law enforcement agency;
(B) any State or local government facility used by
such Federal law enforcement agency; or
(C) any Federal correctional facility or Federal
pre-trial detention facility located within the United
States.
(b) Information Required.--Each report required by this section
shall include, at a minimum, the information required by section 2(b).
(c) Study and Report.--Information reported under subsection (a)
shall be analyzed and included in the study and report required by
section 2(f).
Passed the House of Representatives February 4, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Death in Custody Reporting Act of 2009 - Requires states that receive certain criminal justice assistance grants to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, arrested, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Grants the Attorney General discretion to reduce by up to 10% the amount of the criminal justice assistance grants of states that fail to comply.
Requires the head of each federal law enforcement agency to report to the Attorney General annually certain information regarding the death of any person who: (1) is detained or arrested by any officer of such agency (or by any state or local law enforcement officer for purposes of a federal law enforcement operation); or (2) is en route to be incarcerated or detained, or is incarcerated or detained, at any federal correctional facility or federal pretrial detention facility located within the United States or any other facility pursuant to a contract with or used by such agency.
Requires the Attorney General to study such information and report on means by which it can be used to reduce the number of such deaths. | {"src": "billsum_train", "title": "To encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies, and for other purposes."} | 1,256 | 256 | 0.604627 | 1.717368 | 0.886303 | 3.878378 | 5.135135 | 0.923423 |
SECTION 1. REGIONAL STRATEGY TO ADDRESS THE THREAT POSED BY BOKO HARAM.
(a) Strategy Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Secretary of Defense shall jointly develop and submit to the
appropriate committees of Congress a 5-year strategy to help
enable the Government of Nigeria, members of the Multinational
Joint Task Force to Combat Boko Haram (MNJTF) authorized by the
African Union, and relevant partners to counter the regional
threat of Boko Haram and assist the Government of Nigeria and
its neighbors to accept and address legitimate grievances of
vulnerable populations in areas affected by Boko Haram.
(2) Elements.--At a minimum, the strategy shall address the
following elements:
(A) Enhance, pursuant to existing authorities and
restrictions, the institutional capacity, including
military capabilities, of the Government of Nigeria and
partner nations in the region, as appropriate, to
counter the threat posed by Boko Haram.
(B) Provide humanitarian support to civilian
populations impacted by Boko Haram's activity.
(C) Specific activities through which the United
States Government intends to improve and enhance the
capacity of MNJTF member nations to investigate and
prosecute human rights abuses by security forces and
promote respect for the rule of law within the
military.
(D) A means for assisting Nigeria, and as
appropriate, MNJTF member nations, to counter violent
extremism, including efforts to address underlying
societal factors shown to contribute to the ability of
Boko Haram to radicalize and recruit individuals.
(E) A plan to strengthen and promote the rule of
law, including by improving the capacity of the
civilian police and judicial system in Nigeria,
enhancing public safety, and responding to crime
(including gender-based violence), while respecting
human rights and strengthening accountability measures,
including measures to prevent corruption.
(F) Strengthen the long-term capacity of the
Government of Nigeria to enhance security for schools
such that children are safer and girls seeking an
education are better protected, and to combat gender-
based violence and gender inequality.
(G) Identify and develop mechanisms for
coordinating the implementation of the strategy across
the interagency and with the Government of Nigeria,
regional partners, and other relevant foreign partners.
(H) Identify the resources required to achieve the
strategy's objectives.
(b) Assessment.--The Director of National Intelligence shall
submit, to the appropriate committees of Congress, an assessment
regarding--
(1) the willingness and capability of the Government of
Nigeria and regional partners to implement the strategy
developed under subsection (a), including the capability gaps,
if any, of the Government and military forces of Nigeria that
would need to be addressed to enable the Government of Nigeria
and the governments of its partner countries in the region--
(A) to counter the threat of Boko Haram; and
(B) to address the legitimate grievances of
vulnerable populations in areas affected by Boko Haram;
and
(2) significant United States intelligence gaps concerning
Boko Haram or on the willingness and capacity of the Government
of Nigeria and regional partners to implement the strategy
developed under subsection (a).
(c) Sense of Congress.--It is the sense of Congress that lack of
economic opportunity and access to education, justice, and other social
services contributes to the ability of Boko Haram to radicalize and
recruit individuals.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives. | This bill requires: the Department of State and the Department of Defense to develop jointly and submit to Congress a five-year strategy to help Nigeria, members of the Multinational Joint Task Force to Combat Boko Haram, and relevant partners to counter Boko Haram, and to assist Nigeria and its neighbors to address legitimate grievances of vulnerable populations in areas affected by Boko Haram; and the Director of National Intelligence to assess the willingness and capability Nigeria and regional partners to implement such strategy. It is the sense of Congress that lack of economic opportunity and access to education, justice, and other social services contributes to Boko Haram's ability to radicalize and recruit individuals. | {"src": "billsum_train", "title": "To require a regional strategy to address the threat posed by Boko Haram."} | 846 | 143 | 0.575615 | 1.840312 | 0.517496 | 5.046875 | 6.21875 | 0.921875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Skills Alliances Act of
2001''.
SEC. 2. FINDINGS.
(1) Many small businesses lack the financial capacity to
support the training of high-skilled workers.
(2) Many high-tech companies concerned about worker
training consider recruiting employees from overseas because a
shortage of information technology workers remains a
significant problem.
(3) Too many highly educated workers in underserved
communities do not have the specialized skills needed to meet
the needs of local businesses.
(4) Regional skills alliances bring businesses and 4-year
colleges and universities and community colleges together to
help develop and implement effective programs to make sure
workers have the training needed to compete in the modern
workplace.
SEC. 3. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of Labor.
TITLE I--SKILL GRANTS
SEC. 101. AUTHORIZATION.
(a) In General.--The Secretary, in consultation with the Secretary
of Commerce, shall award grants to eligible entities described in
subsection (b) to assist such entities to improve the job skills
necessary for employment in specific industries.
(b) Eligible Entities Described.--
(1) In general.--An eligible entity described in this
subsection is a consortium that--
(A) shall consist of representatives from not less
than 5 businesses, or a lesser number of businesses if
such lesser number of businesses employs at least 30
percent of the employees in the industry involved in
the region (or a non-profit organization that
represents such businesses);
(B) may consist of representatives from--
(i) labor organizations;
(ii) State and local government; and
(iii) educational institutions;
(C) is established to serve one or more particular
industries; and
(D) is established to serve a particular geographic
region.
(2) Majority of representatives.--A majority of the
representatives comprising the consortium shall be
representatives described in paragraph (1)(A).
(c) Priority for Small Businesses.--In providing grants under
subsection (a), the Secretary shall give priority to an eligible entity
if a majority of representatives forming the entity represent small-
business concerns (as defined in section 3(a) of the Small Business Act
(15 U.S.C. 632(a)).
(d) Maximum Amount of Grant.--The amount of a grant awarded to an
eligible entity under subsection (a) may not exceed $1,000,000 for any
fiscal year.
SEC. 102. USE OF AMOUNTS.
(a) In General.--The Secretary may not award a grant under section
101 to an eligible entity unless such entity agrees to use amounts
received from such grant to improve the job skills necessary for
employment by businesses in the industry with respect to which such
entity was established.
(b) Conduct of Program.--
(1) In general.--In carrying out the program described in
subsection (a), the eligible entity may provide for--
(A) an assessment of training and job skill needs
for the industry;
(B) the development of a sequence of skill
standards that are benchmarked to advanced industry
practices;
(C) the development of curriculum and training
methods, including, where appropriate, e-learning or
technology-based training;
(D) the purchase, lease, or receipt of donations of
training equipment;
(E) the identification of training providers and
the development of partnerships between the industry
and educational institutions, including community
colleges;
(F) the development of apprenticeship programs;
(G) the development of training programs for
workers, including dislocated workers;
(H) the development of training plans for
businesses; and
(I) the development of the membership of the
entity.
(2) Additional requirement.--In carrying out the program
described in subsection (a), the eligible entity shall provide
for the development and tracking of performance outcome
measures for the program and the training providers involved in
the program.
(c) Administrative Costs.--The eligible entity may use not more
than 10 percent of the amount of a grant to pay for administrative
costs associated with the program described in subsection (a).
SEC. 103. REQUIREMENT OF MATCHING FUNDS.
(a) In General.--The Secretary may not award a grant under section
101 to an eligible entity unless such entity agrees that the entity
will make available non-Federal contributions toward the costs of
carrying out activities under the grant in an amount that is not less
than $2 for each $1 of Federal funds provided under the grant, of
which--
(1) $1 shall be provided by the businesses participating in
the entity; and
(2) $1 shall be provided by the State or local government
involved.
(b) Other Contributions.--
(1) Equipment.--Equipment donations to facilities that are
not owned or operated by the members of the eligible entity
involved and that are shared by such members may be included in
determining compliance with subsection (a).
(2) Limitation.--An eligible entity may not include in-kind
contributions in complying with the requirement of subsection
(a). The Secretary may consider such donations in ranking
applications.
SEC. 104. LIMIT ON ADMINISTRATIVE EXPENSES.
The Secretary may use not more than 5 percent of the amounts made
available to carry out this title to pay the Federal administrative
costs associated with awarding grants under this title.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$50,000,000 for each of the fiscal years 2002, 2003, and 2004, and such
sums as are necessary for each fiscal year thereafter.
TITLE II--PLANNING GRANTS
SEC. 201. AUTHORIZATION.
(a) In General.--The Secretary, in consultation with the Secretary
of Commerce, shall award grants to States to enable such States to
assist businesses, organizations, and agencies described in section
101(b) in conducting planning to form consortia described in such
section.
(b) Maximum Amount of Grant.--The amount of a grant awarded to a
State under subsection (a) may not exceed $500,000 for any fiscal year.
SEC. 202. APPLICATION.
The Secretary may not award a grant under section 201 to a State
unless such State submits to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
reasonably require.
SEC. 203. REQUIREMENT OF MATCHING FUNDS.
The Secretary may not award a grant under section 201 to a State
unless such State agrees that it will make available non-Federal
contributions toward the costs of carrying out activities under this
title in an amount that is not less than $1 for each $1 of Federal
funds provided under the grant.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$5,000,000 for fiscal year 2002. | Regional Skills Alliances Act of 2001 - Directs the Secretary of Labor to make matching grants to improve the job skills necessary for employment in specific industries.Makes eligible for such grants regional consortia that: (1) must have representatives from not fewer than five businesses or a lesser number that employ at least 30 percent of workers in that industry in the region (or a nonprofit organization that represents such businesses); (2) may have representatives from labor organizations, State and local governments, and educational institutions; and (3) are established to serve one or more particular industries in a particular region. Gives grant priority to eligible entities that consist of a majority of representatives from small businesses.Requires the Secretary to provide matching grants to States to assist businesses, organizations, and agencies in planning to form regional consortia under this Act. | {"src": "billsum_train", "title": "A bill to establish regional skills alliances, and for other purposes."} | 1,513 | 172 | 0.6592 | 1.914009 | 0.808252 | 2.918239 | 8.918239 | 0.930818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Voucher Act of 1993''.
SEC. 2. TERMINATION OF ASSISTANCE FOR CONSTRUCTION OF PUBLIC HOUSING.
(a) Loan Authority.--After the date of the enactment of this Act,
the Secretary of Housing and Urban Development may not enter into any
new commitment to make loans under section 4 of the United States
Housing Act of 1937 to public housing agencies for the development or
acquisition of public housing projects by such agencies.
(b) Contribution Authority.--After the date of the enactment of
this Act, the Secretary of Housing and Urban Development may not enter
into any new contract to make contributions under section 5 of the
United States Housing Act of 1937 to public housing agencies for the
development or acquisition of public housing projects by such agencies.
(c) Existing Commitments.--After the date of the enactment of this
Act, the Secretary of Housing and Urban Development may make
contributions and loans for the development or acquisition of public
housing projects only pursuant to legally binding commitments to make
such loans or contracts for such contributions entered into on or
before the date of the enactment of this Act.
(d) Inapplicability to Indian Housing.--The provisions of this
section shall not apply to public housing developed pursuant to a
contract between the Secretary of Housing and Urban Development and an
Indian housing authority.
(e) Definitions.--For purposes of this section, the terms ``Indian
housing authority'', ``project'', ``public housing'', and ``public
housing agency'' have the meanings given the terms in section 3(b) of
the United States Housing Act of 1937.
SEC. 3. TERMINATION OF ASSISTANCE FOR CONSTRUCTION OF SUPPORTIVE
HOUSING FOR THE ELDERLY.
(a) Authority.--After the date of the enactment of this Act, the
Secretary of Housing and Urban Development may not enter into any new
commitment to make capital advances under section 202(c)(1) of the
Housing Act of 1959 for the construction, reconstruction,
rehabilitation, or acquisition of supportive housing for the elderly
under such section 202.
(b) Existing Commitments.--After the date of the enactment of this
Act, the Secretary of Housing and Urban Development may make capital
advances for the construction, reconstruction, rehabilitation, or
acquisition of supportive housing for the elderly under section 202 of
the Housing Act of 1959 only pursuant to legally binding commitments to
make such advances entered into on or before the date of the enactment
of this Act.
SEC. 4. TERMINATION OF ASSISTANCE FOR CONSTRUCTION OF SUPPORTIVE
HOUSING FOR PERSONS WITH DISABILITIES.
(a) Authority.--After the date of the enactment of this Act, the
Secretary of Housing and Urban Development may not enter into any new
commitment to make capital advances under section 811(d)(1) of the
Cranston-Gonzalez National Affordable Housing Act for the construction,
reconstruction, rehabilitation, or acquisition of supportive housing
for the persons with disabilities under such section 811.
(b) Existing Commitments.--After the date of the enactment of this
Act, the Secretary of Housing and Urban Development may make capital
advances for the construction, reconstruction, rehabilitation, or
acquisition of supportive housing for persons with disabilities under
section 811 of the Cranston-Gonzalez National Affordable Housing Act
only pursuant to legally binding commitments to make such advances
entered into on or before the date of the enactment of this Act.
SEC. 5. INCREASE OF VOUCHER AUTHORITY AND SET-ASIDES FOR THE ELDERLY
AND PERSONS WITH DISABILITIES.
(a) Budget Authority.--Any budget authority available under section
5(c) of the United States Housing Act of 1937 for assistance under
section 8(o) of such Act is authorized to be increased by $150,000,000
on or after October 1, 1993.
(b) Set-Aside.--From any amount appropriated pursuant to subsection
(a) in any fiscal year, the Secretary shall make available an amount
for voucher assistance for elderly persons (as such term is defined in
section 202(k) of the Housing Act of 1959) and for persons with
disabilities (as such term is defined in section 811(k) of the
Cranston-Gonzalez National Affordable Housing Act) that bears
approximately the same ratio to such amount appropriated as--
(1) the actual need for such assistance for elderly persons
and persons with disabilities bears to the total national need
for such assistance, as determined by the Secretary; or
(2) the total annual amount of assistance provided by the
Secretary for construction, reconstruction, rehabilitation, or
acquisition of housing for elderly persons and persons with
disabilities bears to the total annual amount of housing
assistance provided by the Secretary, as determined by the
Secretary for recent years.
(c) Permissible Uses.--Vouchers for rental assistance provided with
the amounts made available under this section may be used for the
rental of dwelling units or costs of residency as determined by
qualified voucher recipients. | Housing Voucher Act of 1993 - Terminates Department of Housing and Urban Development assistance programs for public housing (other than Indian public housing) and supportive housing for the elderly and for persons with disabilities. Increases public housing voucher authority and housing set-asides for the elderly and persons with disabilities. | {"src": "billsum_train", "title": "Housing Voucher Act of 1993"} | 1,137 | 63 | 0.540571 | 1.307962 | 0.595098 | 3.339286 | 17.482143 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lost Boys and Girls Rebuilding
Infrastructure to Sustain Enduring Peace in South Sudan Act'' or the
``Lost Boys and Girls RISE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The 21-year civil war between the North and the South
in Sudan, which ended with the signing of the Comprehensive
Peace Agreement on January 9, 2005, caused many Sudanese people
to flee their homes to seek refuge elsewhere in Sudan, in
neighboring countries, and in the United States.
(2) During the civil war, government troops burned villages
in southern Sudan, killed the adults, and enslaved both women
and girls. Among the refugees from the conflict was a group of
at least 20,000 children, aged 5 to 17 years, who were homeless
orphans as a result of the war.
(3) The children suffered tremendous hardships during their
flight, enduring attacks not only from the army and marauding
bandits but also from lions and hyenas. Many others died from
starvation or thirst.
(4) A few years after the children arrived at the Panyindo
refugee camp in Ethiopia, armed soldiers forced them to leave
the camp by crossing the swollen Gilo River, and at least 1,000
children either drowned or were eaten by crocodiles while they
crossed. The children then began their journey to a refugee
camp in Kenya.
(5) In 1999, the United Nations High Commissioner for
Refugees determined that repatriation was no longer an option
for these children. Approximately 3,800 of the 20,000 children
were granted priority resettlement status in the United States,
with minors placed in foster homes and those over 18 resettled
as adults throughout the United States with assistance from the
Department of Health and Human Services.
(6) The story of these children, known as the ``Lost Boys
and Lost Girls of Sudan'', has been documented in a number of
books and films in the United States.
(7) The Lost Boys and Lost Girls of Sudan have acquired a
reputation for being a resilient and highly motivated group of
individuals, with many of them gaining employment and pursuing
higher education simultaneously.
(8) Many of the Lost Boys and Lost Girls of Sudan have
publically expressed interest in returning to their homeland to
contribute to reconstruction efforts.
(9) South Sudan is currently engulfed in a new civil war
and faces a humanitarian catastrophe and an upsurge of violence
between ethnic groups. Many of the Lost Boys and Lost Girls
have gained experience, education, and skills in the United
States, and want to return to South Sudan to assist in efforts
to rebuild the infrastructure of the country.
SEC. 3. PILOT PROGRAM TO ASSIST RECONSTRUCTION EFFORTS IN THE REPUBLIC
OF SOUTH SUDAN.
(a) Pilot Program.--
(1) In general.--The Administrator of the United States
Agency for International Development (in this Act referred to
as the ``Administrator'') shall establish a pilot program to
provide fellowships to up to 500 eligible individuals to assist
in developing agricultural, business development, educational,
medical, technological, or transportation infrastructure in
South Sudan.
(2) Duration.--
(A) In general.--The pilot program established
under paragraph (1) shall begin on the date on which
the Administrator determines that the condition
specified under subparagraph (B) is satisfied and shall
terminate on the date that is three years after the
date of such determination.
(B) Conditions specified.--The pilot program may
begin after the Secretary of State determines that it
is safe for United States citizens, especially citizens
of Sudanese or South Sudanese descent, to travel to
South Sudan and lifts the general travel warning for
South Sudan.
(3) Administrator and staff.--The Administrator shall
detail not fewer than two full-time employees of the Agency to
conduct the following:
(A) Identifying and recruiting individuals who
would be eligible, pursuant to subsection (b), to
participate in the pilot program.
(B) Evaluating applications submitted by
individuals to participate in the pilot program.
(C) Approving methods proposed by individuals
participating in the pilot program to provide
assistance in accordance with paragraph (1).
(D) Preparing orientation and debriefing materials,
regarding South Sudan and the nature of the assistance
provided through the pilot program, to be given to
individuals participating in the pilot program not
later than one week before and one week after such
participation, respectively.
(E) Assisting individuals participating in the
pilot program to locate adequate housing in South Sudan
for the duration of their participation.
(F) Distributing to individuals participating in
the pilot program any amounts awarded under subsection
(c).
(b) Eligibility.--An individual shall be eligible to participate in
the pilot program if the individual--
(1) is a citizen of the United States;
(2) was admitted to the United States as a refugee under
section 207 of the Immigration Nationality Act (8 U.S.C. 1157)
from a refugee camp in Africa and identified by the Secretary
of State under the worldwide refugee application processing
priority system as ``Priority-2'' (P-2); and
(3) commits to participating in the pilot program for a
period of not less than one year and not more than three years.
(c) Award Amount.--The Administrator may make available to each
individual participating in the pilot program, on a first-come, first-
served basis--
(1) any amount necessary to cover the round-trip travel of
such individual between the United States and South Sudan;
(2) not more than $300 per month, to cover lodging and
living expenses for the duration of the participation of such
individual;
(3) not more than $25,000, over the duration of such
participation, toward the repayment of any Federal student loan
of such individual that is made, insured, or guaranteed under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) or any other loan made, insured, or guaranteed by the
Federal Government to such individual for enrollment in an
institution of higher education, as defined in section 102 of
such Act (20 U.S.C. 1002);
(4) any amount necessary to cover costs incurred during
such participation due to an emergency or under exigent
circumstances; and
(5) such other costs that the Administrator may determine
to be appropriate and associated with participation in the
pilot program.
(d) Sense of Congress.--It is the sense of Congress that, in
carrying out the pilot program, the Administrator should--
(1) consult with the members of the ``Lost Boys and Lost
Girls of Sudan'' community in the United States, for purposes
of identifying potentially eligible individuals and notifying
such individuals about the pilot program; and
(2) consider for participation in the pilot program
individuals who are recommended to the Administrator by a
Member of Congress.
(e) Report and Evaluation.--
(1) Report.--Not later than six months after the date of
the termination of the pilot program, the Administrator shall
submit to the appropriate congressional committees a report
summarizing the results of the pilot program and making
recommendations for changes.
(2) Evaluation by inspector general.--Not later than six
months after the date of the enactment of this Act and annually
thereafter until the date of the termination of the pilot
program, the Inspector General of the United States Agency for
International Development shall submit to the appropriate
congressional committees a report evaluating the pilot program.
(3) Appropriate congressional committees.--In this section,
the term ``appropriate congressional committees'' means the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate. | Lost Boys and Girls Rebuilding Infrastructure to Sustain Enduring Peace in South Sudan Act or the Lost Boys and Girls RISE Act This bill directs the U.S. Agency for International Development (USAID) to establish a three-year pilot program to provide fellowships to up to 500 eligible individuals to assist in developing agricultural, business development, educational, medical, technological, or transportation infrastructure in South Sudan. (The program may begin after the Department of State determines that it is safe for U.S. citizens, especially citizens of Sudanese or South Sudanese descent, to travel to South Sudan and lifts the general travel warning for South Sudan.) It is the sense of Congress that USAID should: (1) consult with members of the Lost Boys and Lost Girls of Sudan community in the United States for purposes of identifying potential participants, and (2) consider individuals who are recommended to USAID by a member of Congress. | {"src": "billsum_train", "title": "Lost Boys and Girls RISE Act"} | 1,665 | 195 | 0.501583 | 1.746419 | 0.714584 | 5.261628 | 9.255814 | 0.936047 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Safety Hotline Act of 2001''.
SECTION 2. FINDINGS.
The Congress finds that--
(1) an estimated 255,000 violent incidents occurred in 1999
on school property, at an official school function, or while
traveling to and from school;
(2) for the complete school year July 1, 1997, through June
30, 1998, there were 58 school-associated violent deaths that
resulted from 46 incidents; 46 of these violent deaths were
homicides, 11 were suicides, and one teenager was killed by a
law enforcement officer in the course of duty;
(3) although fewer school-associated violent deaths have
occurred in recent years, the total number of multiple victim
homicide events has increased;
(4) in 1997, 5 percent of all 12th graders reported that
they had been purposefully injured, while they were at school,
with a weapon such as a knife, gun, or club during the prior 12
months, and 14 percent reported that they had been injured on
purpose without a weapon;
(5) on average, each year from 1993 to 1997, there were
131,400 violent crimes against teachers at schools, as reported
by teachers from both public and private schools, which
translates into a rate of 31 violent crimes for every 1,000
teachers;
(6) tools should be created for, and provided to, students,
teachers, parents, and administrators across the country so
that they have the ability to provide the information necessary
to law enforcement authorities to take action before other
tragedies occur; and
(7) school safety hotlines allow students, parents, and
school personnel the opportunity to report threats of school
violence to law enforcement authorities, thus reducing
incidents of youth violence.
SEC. 3. AMENDMENT.
Section 223(a)(10) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended--
(1) in subparagraph (N) by striking ``and'' at the end,
(2) in subparagraph (O) by striking the period at the end
and inserting ``; and'', and
(3) by inserting after subparagraph (O) the following:
``(P) programs related to the establishment and
maintenance of a school violence hotline, based on a
public-private partnership, that students and parents
can use to report suspicious, violent, or threatening
behavior to school and law enforcement authorities;''.
SEC. 4. SCHOOL INVOLVEMENT.
(a) State Programs.--Section 4113(b)(1) of the Safe and Drug-Free
Schools and Communities Act of 1994 (20 U.S.C. 7113(b)(1)) is amended--
(1) by redesignating subparagraphs (E) through (G) as (F)
through (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) establishing and maintaining a school
violence hotline, based on a public-private
partnership, that students and parents can use to
report suspicious, violent, or threatening behavior to
school and law enforcement authorities;''.
(b) Governor's Programs.--Section 4114(c) of the Safe and Drug-Free
Schools and Communities Act of 1994 (20 U.S.C. 7114(c)) is amended--
(1) by redesignating paragraphs (6) through (12) as (7)
through (13), respectively; and
(2) inserting after paragraph (5) the following:
``(6) establishing and maintaining a school violence
hotline, based on a public-private partnership, that students
and parents can use to report suspicious, violent, or
threatening behavior to school and law enforcement
authorities;''.
(c) Local Programs.--Section 4116(b) of the Safe and Drug-Free
Schools and Communities Act of 1994 (20 U.S.C. 7116(a)) is amended--
(1) by redesignating paragraphs (7) through (10) as (8)
through (11), respectively; and
(3) by inserting after paragraph (6) the following:
``(7) establishing and maintaining a school violence
hotline, based on a public-private partnership, that students
and parents can use to report suspicious, violent, or
threatening behavior to school and law enforcement
authorities.''.
SEC. 5. NOTIFICATION.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Education shall provide written notification to the
States and State educational agencies of the ability of States or State
educational agencies, as appropriate, to use State administrative funds
provided under title IV and title VI of the Elementary and Secondary
Education Act of 1965 to implement programs related to the
establishment and operation of a toll-free telephone hotline that
students, parents, and school personnel use to report suspicious,
violent, or threatening behavior related to schools or school functions
to law enforcement authorities. | School Safety Hotline Act of 2001 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 and the Safe and Drug-Free Schools and Communities Act of 1994 to allow certain grants to be used to establish and maintain school violence hotlines. | {"src": "billsum_train", "title": "To amend the Juvenile Justice and Delinquency Prevention Act of 1974, and the Safe and Drug-Free Schools and Communities Act of 1994, to allow grants received under such Acts to be used to establish and maintain school safety hotlines."} | 1,071 | 56 | 0.465148 | 1.141439 | 0.830895 | 3.622222 | 22.466667 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers' Flexible Educational
Assistance Act''.
SEC. 2. TRANSFER OF ENTITLEMENT TO BASIC EDUCATIONAL ASSISTANCE.
(a) All-Volunteer Force Educational Assistance Program.--Chapter 30
of title 38, United States Code, is amended--
(1) in the table of contents by striking the item relating
to section 3020 and inserting the following:
``3020. Transfer of entitlement to basic educational assistance.'';
(2) in section 3018--
(A) in subsection (c) by inserting ``or (e)'' after
``subsection (b)(1)''; and
(B) by adding at the end the following new
subsection:
``(e) An individual who made an election under section 3011(c)(1)
or 3012(d)(1) may withdraw such election not later than one year after
the date of enactment of this subsection if--
``(1) the period described in section 3031 that is
applicable to such individual has not expired; and
``(2) such individual elects to transfer entitlement to
educational assistance under section 3020.'';
(3) by amending section 3020 to read as follows:
``Sec. 3020. Transfer of entitlement to basic educational assistance
``(a) In General.--An individual who is entitled to basic
educational assistance under this subchapter may elect to transfer to
one or more of the dependents specified in subsection (b) a portion of
such individual's entitlement to such assistance. An individual
transferring entitlement under this section shall submit written notice
to the Secretary concerned not later than the expiration date of the
period described in section 3031 that is applicable to such individual.
``(b) Eligible Dependents.--An individual may transfer entitlement
under this section as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(c) Designation of Transferee.--An individual transferring
entitlement under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each such dependent.
``(d) Revocation and Modification.--An individual transferring
entitlement under this section may modify or revoke at any time the
transfer of any unused portion of the entitlement so transferred. The
modification or revocation of the transfer of entitlement under this
subsection shall be made by the submittal of written notice of the
action to both the Secretary concerned and the Secretary of Veterans
Affairs.
``(e) Commencement of Use.--If the dependent to whom entitlement is
transferred under this section is a child, the use of the transferred
entitlement may not commence until the child--
``(1) completes the requirements of a secondary school
diploma (or equivalency certificate); or
``(2) attains 18 years of age.
``(f) Time Limitation for Use of Eligibility and Entitlement.--
Notwithstanding section 3031, and subject to subsection (c)(3), a
dependent to whom entitlement is transferred under this section may use
such entitlement not later than the expiration date of a 20-year period
beginning on the commencement date of the period described in section
3031 that is applicable to the individual who transferred such
entitlement to the dependent.
``(g) Additional Administrative Matters.--(1) The use of any
entitlement transferred under this section shall be charged against the
entitlement of the individual making the transfer at the rate of one
month for each month of transferred entitlement that is used.
``(2) Except as provided under subsections (c)(2) and (3) and (f),
and subject to paragraph (5) of this subsection, a dependent to whom
entitlement is transferred under this section is entitled to basic
educational assistance under this subchapter in the same manner as the
individual from whom entitlement was transferred.
``(3)(A) Subject to subparagraph (B), the monthly rate of
educational assistance payable to a dependent to whom entitlement is
transferred under this section shall be the monthly amount payable
under sections 3015 and 3022 to the individual making the transfer.
``(B) The monthly rate of assistance payable to a dependent under
subparagraph (A) shall be subject to the provisions of section 3032,
except that the provisions of subsection (a)(1) of that section shall
not apply even if the individual making the transfer to the dependent
under this section is on active duty during all or any part of
enrollment period of the dependent in which such entitlement is used.
``(4) The death of an individual transferring entitlement under
this section shall not affect the use of the transferred entitlement by
the dependent to whom entitlement is transferred.
``(5) Notwithstanding subsection (f) and section 3031, a child to
whom entitlement is transferred under this section may not use any
entitlement so transferred after attaining the age of 26 years.
``(6) Except as provided in subsection (e), the purposes for which
a dependent to whom entitlement is transferred under this section may
use such entitlement shall include the pursuit and completion of the
requirements of a secondary school diploma (or equivalency
certificate).
``(h) Overpayment.--In the event of an overpayment of basic
educational assistance with respect to a dependent to whom entitlement
is transferred under this section, the dependent and the individual
making the transfer shall be jointly and severally liable to the United
States for the amount of the overpayment for purposes of section 3685.
``(i) Regulations.--The Secretaries concerned shall prescribe
regulations for purposes of this section.
``(j) Annual Report.--Not later than January 31 of each calendar
year (beginning in 2006), the Secretary of Defense, in consultation
with the other Secretaries concerned, shall submit to the Committee on
Armed Services and the Committee on Veterans' Affairs of the House of
Representatives and the Committee on Armed Services and the Committee
on Veterans' Affairs of the Senate a report on the number of
individuals transferring entitlement to educational assistance under
this section during the preceding fiscal year.
``(k) Secretary Concerned Defined.--Notwithstanding section
101(25), in this section the term `Secretary concerned' means--
``(1) the Secretary of the Army with respect to matters
concerning the Army;
``(2) the Secretary of the Navy with respect to matters
concerning the Navy or the Marine Corps;
``(3) the Secretary of the Air Force with respect to
matters concerning the Air Force; and
``(4) the Secretary of Defense with respect to matters
concerning the Coast Guard, or the Secretary of Homeland
Security when it is not operating as a service in the Navy.'';
and
(4) in section 3031(a) by inserting ``in section 3020 and''
after ``Except as provided''.
(b) Educational Assistance for Members of the Selected Reserve.--
Chapter 1606 of title 10, United States Code, is amended--
(1) in the table of sections by adding at the end the
following new item:
``16138. Transfer of entitlement to educational assistance.'';
(2) in section 16133(a) by inserting ``and section 16138''
after ``subsection (b)'';
(3) in section 16137 by inserting ``Each such report shall
also include the number of members of the Selected Reserve of
the Ready Reserve of each armed force transferring entitlement
to educational assistance under section 16138.'' after ``those
fiscal years.''; and
(4) by adding at the end the following new section:
``Sec. 16138. Transfer of entitlement to educational assistance
``(a) In General.--An individual who is entitled to educational
assistance under this chapter may elect to transfer to one or more of
the dependents specified in subsection (b) a portion of such
individual's entitlement to such assistance. An individual transferring
entitlement under this section shall submit written notice to the
Secretary concerned not later than the expiration date of the period
described in section 16133 that is applicable to such individual.
``(b) Eligible Dependents.--An individual may transfer entitlement
under this section as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(c) Designation of Transferee.--An individual transferring
entitlement under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each such dependent.
``(d) Revocation and Modification.--An individual transferring
entitlement under this section may modify or revoke at any time the
transfer of any unused portion of the entitlement so transferred. The
modification or revocation of the transfer of entitlement under this
subsection shall be made by the submittal of written notice of the
action to both the Secretary concerned and the Secretary of Veterans
Affairs.
``(e) Commencement of Use.--If the dependent to whom entitlement is
transferred under this section is a child, the use of the transferred
entitlement may not commence until the child--
``(1) completes the requirements of a secondary school
diploma (or equivalency certificate); or
``(2) attains 18 years of age.
``(f) Time Limitation for Use of Eligibility and Entitlement.--
Notwithstanding section 16133, and subject to subsection (c)(3), a
dependent to whom entitlement is transferred under this section may use
such entitlement not later than--
``(1) the expiration date of a 20-year period beginning on
the commencement date of the period prescribed by section
16133(a)(1) that is applicable to the individual who
transferred such entitlement to the dependent; or
``(2) the date that is 10 years after the date the
individual who transferred such entitlement to the dependent is
separated from the Selected Reserve,
whichever occurs first.
``(g) Additional Administrative Matters.--(1) The use of any
entitlement transferred under this section shall be charged against the
entitlement of the individual making the transfer at the rate of one
month for each month of transferred entitlement that is used.
``(2) Except as provided under subsections (c)(2) and (3) and (f),
and subject to paragraph (5) of this subsection, a dependent to whom
entitlement is transferred under this section is entitled to
educational assistance under this chapter in the same manner as the
individual from whom entitlement was transferred.
``(3) The monthly rate of educational assistance payable to a
dependent to whom entitlement is transferred under this section shall
be the monthly amount payable under section 16131 to the individual
making the transfer.
``(4) The death of an individual transferring entitlement under
this section shall not affect the use of the transferred entitlement by
the dependent to whom entitlement is transferred.
``(5) Notwithstanding subsection (f) and section 16133, a child to
whom entitlement is transferred under this section may not use any
entitlement so transferred after attaining the age of 26 years.
``(6) Except as provided in subsection (e), the purposes for which
a dependent to whom entitlement is transferred under this section may
use such entitlement shall include the pursuit and completion of the
requirements of a secondary school diploma (or equivalency
certificate).
``(h) Overpayment.--In the event of an overpayment of basic
educational assistance with respect to a dependent to whom entitlement
is transferred under this section, the dependent and the individual
making the transfer shall be jointly and severally liable to the United
States for the amount of the overpayment for purposes of section 3685
of title 38.
``(i) Regulations.--The Secretaries concerned shall prescribe
regulations for purposes of this section.
``(j) Secretary Concerned Defined.--Notwithstanding section
101(a)(9), in this section the term `Secretary concerned' means--
``(1) the Secretary of the Army with respect to matters
concerning the Army;
``(2) the Secretary of the Navy with respect to matters
concerning the Navy or the Marine Corps;
``(3) the Secretary of the Air Force with respect to
matters concerning the Air Force; and
``(4) the Secretary of Defense with respect to matters
concerning the Coast Guard, or the Secretary of Homeland
Security when it is not operating as a service in the Navy.''.
SEC. 3. PROGRAM OF EDUCATION.
(a) All-Volunteer Force Educational Assistance Program.--Chapter 30
of title 38, United States Code, is amended--
(1) in section 3014(a) by striking ``an approved program of
education'' and inserting ``a program of education of the
individual's choosing''; and
(2) in sections 3014A(b)(1), 3015(a)(1), 3015(a)(2),
3015(b)(1), 3015(b)(2), 3015(g)(1), 3015(g)(2), 3016(b),
3016(c), 3022(a)(1), 3022(a)(2), and 3034(a)(3) by striking
``an approved program'' each place it appears and inserting ``a
program''.
(b) Educational Assistance for Members of the Selected Reserve.--
Section 16131 of title 10, United States Code, is amended--
(1) in subsection (b)(1) by inserting ``of the person's
choosing'' after ``pursuing a program of education'';
(2) by amending subsection (c)(1) to read as follows:
``(c)(1) Educational assistance shall be provided to each person
entitled to educational assistance under this chapter for pursuit of
any program of education of the person's choosing that is a program of
education for purposes of chapter 30 of title 38.''; and
(3) in subsection (g)(2)(B)(i) by striking ``an approved
program'' and inserting ``a program''.
SEC. 4. SERVICE IN THE SELECTED RESERVE.
(a) Credit for 24 Months of Active Duty Service.--Subsection 3012
of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)(i) by striking ``an
obligated period'' and all that follows through ``in
the Armed Forces'' and inserting ``for a cumulative
period of at least 24 months of obligated active duty
in the Armed Forces during any 6-year period'';
(B) in paragraphs (1)(B)(i) and (1)(C)(iii)(I) by
striking ``at least two years of continuous active duty
in the Armed Forces'' each place it appears and
inserting ``for a cumulative period of at least 24
months of active duty in the Armed Forces during any 6-
year period''; and
(C) in paragraphs (1)(B)(ii) and (1)(C)(iii)(II) by
striking ``two years'' each place it appears and
inserting ``24 months''; and
(2) in subsection (b)(1)(A)--
(A) by striking ``two years of service'' and
inserting ``24 months of service''; and
(B) by striking ``during such two years'' and
inserting ``during such service''.
(b) Conforming Amendment.--Section 3013(b) of title 38, United
States Code, is amended by striking ``continuous''. | Servicemembers' Flexible Educational Assistance Act - Allows members of the Armed Forces and Selected Reserve who are entitled to educational assistance under the Montgomery GI Bill to transfer a portion of their entitlement to their dependents.
States that a child's use of such transferred entitlement may not commence until the child completes secondary school or attains 18 years of age.
Extends the time period for use of such transferred entitlements.
Requires the Secretary of Defense to: (1) submit annual reports to specified congressional committees on the number of individuals transferring their entitlement to educational assistance under this Act; and (2) include such information pertaining to the Selected Reserve in biennial reports to Congress.
Allows service members and their dependents to choose the program of education for which educational assistance will be used.
Redefines the qualifying period of active duty service for members of the Selected Reserve to receive educational assistance as a cumulative period of at least 24 months during any six-year period. | {"src": "billsum_train", "title": "To provide that members of the Armed Forces and Selected Reserve may transfer certain educational assistance benefits to dependents, and for other purposes."} | 3,475 | 209 | 0.606824 | 1.672041 | 0.756951 | 2.293478 | 17.657609 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jetseta Gage Prevention and
Deterrence of Crimes Against Children Act of 2005''.
SEC. 2. ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN.
(a) Special Sentencing Rule.--Subsection (d) of section 3559 of
title 18, United States Code, is amended to read as follows:
``(d) Mandatory Minimum Terms of Imprisonment for Violent Crimes
Against Children.--A person who is convicted of a Federal crime of
violence against the person of an individual who has not attained the
age of 15 years shall, unless a greater mandatory minimum sentence of
imprisonment is otherwise provided by law and regardless of any maximum
term of imprisonment otherwise provided for the offense--
``(1) if the crime of violence results in the death of a
person who has not attained the age of 15 years, be sentenced
to death or life in prison;
``(2) if the crime of violence is a kidnaping, sexual
assault, or maiming, (or an attempt or conspiracy to commit one
of those) or results in serious bodily injury (as defined in
section 1365) be imprisoned for life or for any term of years
not less than 30;
``(3) if the crime of violence results in bodily injury (as
defined in section 1365) to a person who has not attained the
age of 12 years, be imprisoned for life or for any term of
years not less than 15;
``(4) if a dangerous weapon was used during and in relation
to the crime of violence, be imprisoned for life or for any
term of years not less than 10; and
``(5) in any other case, be imprisoned for life or for any
term of years not less than 2.''.
SEC. 3. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN.
(a) Sexual Abuse.--
(1) Aggravated sexual abuse of children.--Section 2241(c)
of title 18, United States Code, is amended by striking ``,
imprisoned for any term of years or life, or both.'' and
inserting ``and imprisoned for not less than 30 years or for
life.''.
(2) Abusive sexual contact with children.--Section 2244 of
chapter 109A of title 18, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(a) or
(b)'' after ``section 2241'';
(ii) by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (4), and (5),
respectively; and
(iii) by inserting after paragraph (1) the
following:
``(2) subsection (c) of section 2241 of this title had the
sexual contact been a sexual act, shall be fined under this
title and imprisoned for not less than 10 years and not more
than 25 years;''; and
(B) in subsection (c), by inserting ``(other than
subsection (a)(2))'' after ``violates this section''.
(3) Sexual abuse of children resulting in death.--Section
2245 of title 18, United States Code, is amended--
(A) by striking ``A person'' and inserting ``(a) In
General.--A person''; and
(B) by adding at the end the following:
``(b) Offenses Involving Young Children.--A person who, in the
course of an offense under this chapter, engages in conduct that
results in the death of a person who has not attained the age of 12
years, shall be punished by death or imprisoned for not less than 30
years or for life.''.
(b) Sexual Exploitation and Other Abuse of Children.--
(1) Sexual exploitation of children.--Section 2251(e) of
title 18, United States Code, is amended--
(A) by striking ``15 years nor more than 30 years''
and inserting ``25 years or for life'';
(B) by striking ``not less than 25 years nor more
than 50 years, but if such person has 2 or more prior
convictions under this chapter, chapter 71, chapter
109A, or chapter 117, or under section 920 of title 10
(article 120 of the Uniform Code of Military Justice),
or under the laws of any State relating to the sexual
exploitation of children, such person shall be fined
under this title and imprisoned not less than 35 years
nor more than life.'' and inserting ``life.''; and
(C) by striking ``any term of years or for life''
and inserting ``not less than 30 years or for life.''.
(2) Activities relating to material involving the sexual
exploitation of children.--Section 2252(b) of title 18, United
States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``5 years and not more than
20 years'' and inserting ``25 years or for
life''; and
(ii) by striking ``not less than 15 years
nor more than 40 years.'' and inserting
``life.''; and
(B) in paragraph (2)--
(i) by striking ``or imprisoned for not
more than'' and inserting ``and imprisoned
for'';
(ii) by striking ``, or both''; and
(iii) by striking ``10 years nor more than
20 years.'' and inserting ``30 years or for
life.''.
(3) Activities relating to material constituting or
containing child pornography.--Section 2252A(b) of title 18,
United States Code, is amended--
(A) in paragraph (1)--
(i) by striking ``5 years and not more than
20 years'' and inserting ``25 years or for
life''; and
(ii) by striking ``not less than 15 years
nor more than 40 years'' and inserting
``life''; and
(B) in paragraph (2)--
(i) by striking ``or imprisoned not more
than 10 years, or both'' and inserting ``and
imprisoned for 10 years''; and
(ii) by striking ``10 years nor more than
20 years'' and inserting ``30 years or for
life''.
(4) Using misleading domain names to direct children to
harmful material on the internet.--Section 2252B(b) of title
18, United States Code, is amended by striking ``or imprisoned
not more than 4 years, or both'' and inserting ``imprisoned for
10 years''.
(5) Production of sexually explicit depictions of
children.--Section 2260(c) of title 18, United States Code, is
amended by striking paragraphs (1) and (2) and inserting the
following:
``(1) shall be fined under this title and imprisoned for 25
years; and
``(2) if the person has a prior conviction under this
chapter or chapter 109A, shall be fined under this title and
imprisoned for life.''.
(c) Conduct Relating to Child Prostitution.--Section 2423 of title
18, United States Code, is amended--
(1) in subsection (a), by striking ``5 years and not more
than 30 years'' and inserting ``30 years or for life'';
(2) in subsection (b), by striking ``or imprisoned not more
than 30 years, or both'' and inserting ``and imprisoned for not
less than 10 years and not more than 30 years'';
(3) in subsection (c), by striking ``or imprisoned not more
than 30 years, or both'' and inserting ``and imprisoned for not
less than 10 years and not more than 30 years''; and
(4) in subsection (d), by striking ``, imprisoned not more
than 30 years, or both'' and inserting ``and imprisoned for 30
years''.
SEC. 4. ENSURING FAIR AND EXPEDITIOUS FEDERAL COLLATERAL REVIEW OF
CONVICTIONS FOR KILLING A CHILD.
(a) Short Title.--This section may be cited as the ``Christy Ann
Fornoff Act''.
(b) Limits on Cases.--Section 2254 of title 28, United States Code,
is amended by adding at the end the following:
``(j)(1) A court, justice, or judge shall not have jurisdiction to
consider any claim relating to the judgment or sentence in an
application described under paragraph (2), unless the applicant shows
that the claim qualifies for consideration on the grounds described in
subsection (e)(2). Any such application that is presented to a court,
justice, or judge other than a district court shall be transferred to
the appropriate district court for consideration or dismissal in
conformity with this subsection, except that a court of appeals panel
must authorize any second or successive application in conformity with
section 2244 before any consideration by the district court.
``(2) This subsection applies to an application for a writ of
habeas corpus on behalf of a person in custody pursuant to the judgment
of a State court for a crime that involved the killing of a individual
who has not attained the age of 18 years.
``(3) For an application described in paragraph (2), the following
requirements shall apply in the district court:
``(A) Any motion by either party for an evidentiary hearing
shall be filed and served not later than 90 days after the
State files its answer or, if no timely answer is filed, the
date on which such answer is due.
``(B) Any motion for an evidentiary hearing shall be
granted or denied not later than 30 days after the date on
which the party opposing such motion files a pleading in
opposition to such motion or, if no timely pleading in
opposition is filed, the date on which such pleading in
opposition is due.
``(C) Any evidentiary hearing shall be--
``(i) convened not less than 60 days after the
order granting such hearing; and
``(ii) completed not more than 150 days after the
order granting such hearing.
``(D) A district court shall enter a final order, granting
or denying the application for a writ of habeas corpus, not
later than 15 months after the date on which the State files
its answer or, if no timely answer is filed, the date on which
such answer is due, or not later than 60 days after the case is
submitted for decision, whichever is earlier.
``(E) If the district court fails to comply with the
requirements of this paragraph, the State may petition the
court of appeals for a writ of mandamus to enforce the
requirements. The court of appeals shall grant or deny the
petition for a writ of mandamus not later than 30 days after
such petition is filed with the court.
``(4) For an application described in paragraph (2), the following
requirements shall apply in the court of appeals:
``(A) A timely filed notice of appeal from an order issuing
a writ of habeas corpus shall operate as a stay of that order
pending final disposition of the appeal.
``(B) The court of appeals shall decide the appeal from an
order granting or denying a writ of habeas corpus--
``(i) not later than 120 days after the date on
which the brief of the appellee is filed or, if no
timely brief is filed, the date on which such brief is
due; or
``(ii) if a cross-appeal is filed, not later than
120 days after the date on which the appellant files a
brief in response to the issues presented by the cross-
appeal or, if no timely brief is filed, the date on
which such brief is due.
``(C)(i) Following a decision by a panel of the court of
appeals under subparagraph (B), a petition for panel rehearing
is not allowed, but rehearing by the court of appeals en banc
may be requested. The court of appeals shall decide whether to
grant a petition for rehearing en banc not later than 30 days
after the date on which the petition is filed, unless a
response is required, in which case the court shall decide
whether to grant the petition not later than 30 days after the
date on which the response is filed or, if no timely response
is filed, the date on which the response is due.
``(ii) If rehearing en banc is granted, the court of
appeals shall make a final determination of the appeal not
later than 120 days after the date on which the order granting
rehearing en banc is entered.
``(D) If the court of appeals fails to comply with the
requirements of this paragraph, the State may petition the
Supreme Court or a justice thereof for a writ of mandamus to
enforce the requirements.
``(5)(A) The time limitations under paragraphs (3) and (4) shall
apply to an initial application described in paragraph (2), any second
or successive application described in paragraph (2), and any
redetermination of an application described in paragraph (2) or related
appeal following a remand by the court of appeals or the Supreme Court
for further proceedings.
``(B) In proceedings following remand in the district court, time
limits running from the time the State files its answer under paragraph
(3) shall run from the date the remand is ordered if further briefing
is not required in the district court. If there is further briefing
following remand in the district court, such time limits shall run from
the date on which a responsive brief is filed or, if no timely
responsive brief is filed, the date on which such brief is due.
``(C) In proceedings following remand in the court of appeals, the
time limit specified in paragraph (4)(B) shall run from the date the
remand is ordered if further briefing is not required in the court of
appeals. If there is further briefing in the court of appeals, the time
limit specified in paragraph (4)(B) shall run from the date on which a
responsive brief is filed or, if no timely responsive brief is filed,
from the date on which such brief is due.
``(6) The failure of a court to meet or comply with a time
limitation under this subsection shall not be a ground for granting
relief from a judgment of conviction or sentence, nor shall the time
limitations under this subsection be construed to entitle a capital
applicant to a stay of execution, to which the applicant would
otherwise not be entitled, for the purpose of litigating any
application or appeal.''.
(c) Rights Associated With Habeas Corpus Proceedings.--Section
3771(b) of title 18, United States Code, is amended by adding at the
end the following: ``The rights established for crime victims by this
section shall also be extended in a Federal habeas corpus proceeding
arising out of a State conviction to victims of the State offense at
issue.''
(d) Application to Pending Cases.--
(1) In general.--The amendments made by this section shall
apply to cases pending on or after the date of enactment of
this Act.
(2) Time limits.--In a case pending on the date of
enactment of this Act, if the amendments made by this section
provide that a time limit runs from an event or time that has
occurred prior to such date of enactment, the time limit shall
run instead from such date of enactment. | Jetseta Gage Prevention and Deterrence of Crimes Against Children Act of 2005 - Rewrites provisions of the federal criminal code regarding penalties for crimes against children to require a person convicted of a federal crime of violence against an individual under age 15 to be sentenced to: (1) death or life imprisonment if the crime results in the death of the victim; (2) life or at least 30 years imprisonment if the crime is a kidnaping, sexual assault, or maiming or results in serious bodily injury; (3) life or at least 14 years imprisonment if the crime results in bodily injury to a person under age 12; (4) life or at least ten years imprisonment if a dangerous weapon was used during and in relation to the crime; and (5) life or at least two years imprisonment in any other case.
Increases penalties for sexual abuse of children, sexual exploitation and other abuse of children, and conduct relating to child prostitution.
Christy Ann Fornoff Act - Denies a court, justice, or judge jurisdiction to consider claims relating to the judgment or sentence in an application for writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a state court for a crime that involved the killing of a person under age 18. Sets timetables for proceedings. Extends certain rights associated with habeas corpus proceedings to victims of the state offense at issue. Makes this Act applicable to pending cases. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to provide assured punishment for violent crimes against children, and for other purposes."} | 3,603 | 327 | 0.591483 | 1.904163 | 0.774692 | 4.186131 | 11.850365 | 0.916058 |
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