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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Paperwork Amnesty Act
of 2006''.
SEC. 2. SUSPENSION OF FINES FOR FIRST-TIME PAPERWORK VIOLATIONS BY
SMALL BUSINESS CONCERNS.
Section 3506 of title 44, United States Code (commonly referred to
as the ``Paperwork Reduction Act''), is amended by adding at the end
the following:
``(j) Small Businesses.--
``(1) Small business concern.--In this subsection, the term
`small business concern' means a business concern that meets
the requirements of section 3(a) of the Small Business Act (15
U.S.C. 632(a)) and the regulations promulgated under that
section.
``(2) In general.--In the case of a first-time violation by
a small business concern of a requirement regarding the
collection of information by an agency, the head of such agency
shall not impose a civil fine on the small business concern
unless the head of the agency determines that--
``(A) the violation has the potential to cause
serious harm to the public interest;
``(B) failure to impose a civil fine would impede
or interfere with the detection of criminal activity;
``(C) the violation is a violation of an internal
revenue law or a law concerning the assessment or
collection of any tax, debt, revenue, or receipt;
``(D) the violation was not corrected on or before
the date that is 6 months after the date of receipt by
the small business concern of notification of the
violation in writing from the agency; or
``(E) except as provided in paragraph (3), the
violation presents a danger to the public health or
safety.
``(3) Danger to public health or safety.--
``(A) In general.--In any case in which the head of
an agency determines under paragraph (2)(E) that a
violation presents a danger to the public health or
safety, the head of the agency may, notwithstanding
paragraph (2)(E), determine not to impose a civil fine
on the small business concern if the violation is
corrected not later than 24 hours after receipt by the
small business owner of notification of the violation
in writing.
``(B) Considerations.--In determining whether to
provide a small business concern with 24 hours to
correct a violation under subparagraph (A), the head of
the agency shall take into account all of the facts and
circumstances regarding the violation, including--
``(i) the nature and seriousness of the
violation, including whether the violation is
technical or inadvertent or involves willful or
criminal conduct;
``(ii) whether the small business concern
has made a good faith effort to comply with
applicable laws and to remedy the violation
within the shortest practicable period of time;
and
``(iii) whether the small business concern
has obtained a significant economic benefit
from the violation.
``(C) Notice to congress.--In any case in which the
head of the agency imposes a civil fine on a small
business concern for a violation that presents a danger
to the public health or safety and does not provide the
small business concern with 24 hours to correct the
violation under subparagraph (A), the head of the
agency shall notify Congress regarding such
determination not later than the date that is 60 days
after the date that the civil fine is imposed by the
agency.
``(4) Limited to first-time violations.--
``(A) In general.--This subsection shall not apply
to any violation by a small business concern of a
requirement regarding collection of information by an
agency if such small business concern previously
violated any requirement regarding collection of
information by that agency.
``(B) Other agencies.--For purposes of making a
determination under subparagraph (A), the head of an
agency shall not take into account any violation of a
requirement regarding collection of information by
another agency.''. | Small Business Paperwork Amnesty Act of 2006 - Amends the Paperwork Reduction Act to direct agency heads not to impose civil fines for first-time paperwork violations by small business concerns unless there is potential for serious harm to the public interest, the detection of criminal activity would be impaired, the violation is not corrected within six months, the violation is a violation of internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt, or the violation presents a danger to the public health or safety. Permits an agency to determine that a fine should not be imposed for a violation that presents a danger to public health or safety if the violation is corrected within 24 hours after receipt by the small business owner of notification of the violation in writing.
Makes this Act inapplicable to any violation by a small business of a requirement regarding the collection of information by an agency if the small business previously violated any requirement concerning the collection of information by that agency. | {"src": "billsum_train", "title": "To amend title 44 of the United States Code, to provide for the suspension of fines under certain circumstances for first-time paperwork violations by small business concerns."} | 890 | 220 | 0.700247 | 1.846408 | 0.947919 | 4.621053 | 4.363158 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Conservation and Quality
Incentives Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in many parts of the United States, water supplies are
insufficient to meet current or expected future demand during
certain times of the year;
(2) a number of factors (including growing populations,
increased demands for food and fiber production, and new
environmental demands for water) are placing increased demands
on existing water supply sources;
(3) increased water conservation, water quality
enhancement, and more efficient use of water supplies could
help meet increased demands on water sources;
(4) in States that recognize rights to conserved water for
persons who conserve it, irrigation suppliers, farmers,
ranchers, and other users could gain rights to use conserved
water while also increasing the quantity of water available for
other beneficial uses by implementing measures to reduce water
loss during transport to, or application on, the fields;
(5) reducing the quantity of water lost during transport to
the fields and improving water quality can help areas better
meet changing population and economic needs; and
(6) the role of the Federal Government in helping meet
those changing water needs should be to provide financial
assistance to help irrigators, farmers, and ranchers implement
practical, cost-effective water quality and conservation
measures.
SEC. 3. USE OF STATE REVOLVING LOAN FUNDS FOR WATER CONSERVATION
IMPROVEMENTS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) is amended--
(1) in the first sentence of subsection (c)--
(A) by striking ``and (3)'' and inserting ``(3)'';
and
(B) by inserting before the period at the end the
following: ``, (4) for construction of water
conservation improvements by eligible recipients under
subsection (i)''; and
(2) by adding at the end the following:
``(i) Water Conservation Improvements.--
``(1) Definition of eligible recipient.--In this
subsection, the term `eligible recipient' means a municipality,
quasi-municipality, municipal corporation, special district,
conservancy district, irrigation district, water users'
association, tribal authority, intermunicipal, interstate, or
State agency, nonprofit private organization, a member of such
an association, authority, agency, or organization, or a
lending institution, located in a State that has enacted laws
that--
``(A) provide a water user who invests in a water
conservation improvement with a right to use water
conserved by the improvement, as allowed by State law;
``(B) provide authority to reserve minimum flows of
streams in the State; and
``(C) prohibit transactions that adversely affect
existing water rights.
``(2) Financial assistance.--A State may provide financial
assistance from its water pollution control revolving fund to
an eligible recipient to construct a water conservation
improvement, including--
``(A) piping or lining of an irrigation canal;
``(B) wastewater and tailwater recovery or
recycling;
``(C) irrigation scheduling;
``(D) water use measurement or metering;
``(E) on-field irrigation efficiency improvements;
and
``(F) any other improvement that the State
determines will provide water conservation benefits.
``(3) Voluntary participation.--The participation of an
eligible recipient in the water conservation improvement shall
be voluntary.
``(4) Use of conserved water.--The quantity of water
conserved through the water conservation improvement shall be
allocated in accordance with applicable State law, including
any applicable State law requiring a portion of the conserved
water to be used for instream flow enhancement or other
conservation purposes.
``(5) Limitation on use for irrigated agriculture.--
Conserved water made available under paragraph (4) shall not be
used to irrigate land that has not previously been irrigated
unless the use is authorized by State law and will not diminish
water quality.''.
SEC. 4. USE OF STATE REVOLVING LOAN FUNDS FOR WATER QUALITY
IMPROVEMENTS.
Section 603 of the Federal Water Pollution Control Act (33 U.S.C.
1383) (as amended by section 3) is amended--
(1) in the first sentence of subsection (c), by inserting
before the period at the end the following:
``, and (5) for construction of water quality improvements or
practices by eligible recipients under subsection (j)''; and
(2) by adding at the end the following:
``(j) Water Quality Improvements.--
``(1) Definition of eligible recipient.--In this
subsection, the term `eligible recipient' means a municipality,
quasi-municipality, municipal corporation, special district,
conservancy district, irrigation district, water users'
association or member of such an association, tribal authority,
intermunicipal, interstate, or State agency, nonprofit private
organization, or lending institution.
``(2) Financial assistance.--A State may provide financial
assistance from its water pollution control revolving fund to
an eligible recipient to construct or establish water quality
improvements or practices that the State determines will
provide water quality benefits.
``(3) Voluntary participation.--The participation of an
eligible recipient in the water quality improvements or
practices shall be voluntary.''.
SEC. 5. CONFORMING AMENDMENTS.
Section 601(a) of the Federal Water Pollution Control Act (33
U.S.C. 1381(a)) is amended--
(1) by striking ``and (3)'' and inserting ``(3)''; and
(2) by inserting before the period at the end the
following: ``, and (4) for construction of water conservation
and quality improvements by eligible recipients under
subsections (i) and (j) of section 603''. | Water Conservation and Quality Incentives Act - Amends the Federal Water Pollution Control Act to authorize the use of State water pollution control revolving funds for assistance to eligible recipients for construction of water conservation and quality improvements.Bars the use of water conserved through such improvements for the irrigation of land that has not been previously irrigated unless the use is authorized by State law and will not diminish water quality. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to authorize the use of State revolving loan funds for construction of water conservation and quality improvements."} | 1,277 | 90 | 0.445986 | 1.148495 | 0.756512 | 4.310811 | 16.391892 | 0.959459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prompt Notification of Short Sales
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(a) Residential Mortgage Loan.--The term ``residential mortgage
loan'' means any consumer credit transaction that is secured by a
mortgage, deed of trust, or other equivalent consensual security
interest on a dwelling or on residential real property that includes a
dwelling, other than a consumer credit transaction under an open end
credit plan or an extension of credit relating to a plan described in
section 101(53D) of title 11, United States Code.
(b) Securitization Vehicle.--The term ``securitization vehicle''
means a trust, special purpose entity, or other legal structure that is
used to facilitate the issuing of securities, participation
certificates, or similar instruments backed by or referring to a pool
of assets that includes residential mortgage loans (or instruments that
are related to residential mortgage loans, such as credit-linked
notes).
(c) Servicer.--The term ``servicer'' has the same meaning as in
section 129A of the Truth in Lending Act (15 U.S.C. 1639a), as so
designated by section 1402(a)(1) of Public Law 111-203, except that
such term includes a person who makes or holds a residential mortgage
loan (including a pool of residential mortgage loans), if such person
also services the loan.
(d) Short Sale.--The term ``short sale'' means the sale of the
dwelling or residential real property that is subject to the mortgage,
deed or trust, or other security interest that secures a residential
mortgage loan that--
(1) will result in proceeds in an amount that is less than
the remaining amount due under the mortgage loan; and
(2) requires authorization by the securitization vehicle or
other investment vehicle or holder of the mortgage loan, or the
servicer acting on behalf of such a vehicle or holder.
SEC. 3. PROMPT NOTIFICATIONS AND DECISION REGARDING SHORT SALE.
(a) Requirement for Prompt Notifications, Decisions.--
(1) Notifications.--
(A) In general.--Each servicer shall provide in
writing to a mortgagor of a residential mortgage loan--
(i) an acknowledgment of receipt of a
written request of the mortgagor, not later
than 3 days after the date of such receipt;
(ii) a notice of any missing or incomplete
information required with respect to such
request, not later than 5 days after the date
of such receipt; and
(iii) a definitive response to such request
approving or denying such request, not later
than 30 days after the date of such receipt.
(B) Exceptional circumstances.--In any case in
which a servicer is unable to provide a decision with
respect to a written request of a mortgagor of a
residential mortgage loan during the 30-day period
required by subparagraph (A), such period may be
extended to not later than 60 days after the date of
receipt of a completed application, except that the
servicer shall, verbally or in writing--
(i) notify the mortgagor during the initial
30-day period that the application is still
under review; and
(ii) each week thereafter provide to the
mortgagor a status update indicating the
reasons why a decision is pending beyond the
required 30-day period.
(C) Applicability.--Subparagraph (A) shall apply,
except as provided in subsection (b), and
notwithstanding any other provision of law or of any
contract, including a contract between a servicer of a
residential mortgage loan and a securitization vehicle
or other investment vehicle.
(D) Content.--A written response by a servicer
under subparagraph (A) shall specify a decision on
whether such request has been denied, approved, or that
such request has been approved subject to specified
changes.
(2) Mortgagor submission.--Paragraph (1) shall apply in any
case in which the mortgagor under a residential mortgage loan
submits to the servicer thereof--
(A) a written offer for a short sale of the
dwelling or residential real property that is subject
to the mortgage, deed of trust, or other security
interest that secures the mortgage loan; and
(B) all information required by the servicer in
connection with such a request (including a copy of an
executed contract between the owner of the dwelling or
property and the prospective buyer that is subject to
approval by the servicer).
(3) Civil actions authorized.--An aggrieved individual may
bring an action in a court of competent jurisdiction, asserting
a violation of this Act. Aggrieved individuals may be awarded
all appropriate relief, including equitable relief, and a
monetary award of $1,000 per violation, plus reasonable
attorneys' fees, or such higher amount as may be appropriate in
the case of an established pattern or practice of such
failures.
(b) Inapplicability to Certain Existing Mortgages.--Subsection (a)
shall not apply with respect to any residential mortgage with respect
to which the mortgagor and the mortgagee or servicer have entered into
a written agreement before the date of enactment of this Act explicitly
providing a procedure or terms for approval of a short sale.
(c) Treatment of Other Time Limits.--This section may not be
construed to preempt, annul, or otherwise affect any other provision of
law or of any contract or program that provides a shorter period than
is provided under subsection (a) for a decision by the servicer of a
residential mortgage loan regarding a short sale of the dwelling or
residential real property that is subject to the mortgage, deed or
trust, or other security interest that secures the mortgage loan. | Prompt Notification of Short Sales Act - Requires each servicer of a home mortgage to provide in writing to a mortgagor of a residential mortgage loan specified prompt notifications and decisions regarding a written request of the mortgagor for a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest securing the mortgage loan. Authorizes an aggrieved individual to bring a civil action for equitable relief and a monetary award of $1,000 for any violation of this Act. Declares this Act inapplicable to certain residential mortgages entered into before its enactment whose mortgage agreements explicitly provide a procedure or terms for a short sale approval | {"src": "billsum_train", "title": "Prompt Notification of Short Sales Act"} | 1,329 | 168 | 0.540617 | 1.613363 | 0.809562 | 4.162602 | 9.390244 | 0.910569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Allies from Visa
Exclusion (PAVE) Act''.
SEC. 2. PROHIBITION ON ENTRY INAPPLICABLE TO CERTAIN SPECIAL
IMMIGRANTS.
(a) Iraqi Special Immigrants.--Section 3(c) of Executive Order
13769, entitled ``Protecting the Nation from Foreign Terrorist Entry
into the United States'' (January 27, 2017), or any other provision of
an Executive order, regulation, informal rule of guidance, or
memorandum issued by the President or any other official in the
executive branch precluding issuance of visas to, revoking visas issued
to, or precluding entry or admission of, a class or classes of aliens,
shall not apply to an alien who is a national of Iraq or Afghanistan
and has been granted special immigrant status under section 101(a)(27)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) pursuant
to--
(1) section 1244 of the National Defense Authorization Act
for Fiscal Year 2008 (8 U.S.C. 1157 note);
(2) section 1059 of the National Defense Authorization Act
for Fiscal Year 2006 (8 U.S.C. 1101 note); or
(3) section 602 of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note).
(b) Refugees.--Section 5 of Executive Order 13769, or any other
provision of an Executive order, regulation, informal rule of guidance,
or memorandum issued by the President or any other official in the
executive branch precluding issuance of visas to, revoking visas issued
to, or precluding entry or admission of, a class or classes of aliens,
shall not apply to an alien who has been granted refugee status, has
been approved for refugee admission, or is a refugee applicant in the
United States Refugee Admissions Program under a Priority 2 designation
pursuant to section 1243 of National Defense Authorization Act for
Fiscal Year 2008 (8 U.S.C. 1157 note) or section 3 of this Act.
(c) Effective Date.--This section shall take effect as if enacted
concurrent with Executive Order 13769.
SEC. 3. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES FOR
AFGHANIS.
(a) In General.--Refugees of special humanitarian concern eligible
for Priority 2 processing under the refugee resettlement priority
system who may apply directly to the United States Admission Program
shall include--
(1) Afghanis who were or are employed by the United States
Government in Afghanistan;
(2) Afghanis who establish to the satisfaction of the
Secretary of State that they are or were employed in
Afghanistan by--
(A) a media or nongovernmental organization
headquartered in the United States; or
(B) an organization or entity closely associated
with the United States mission in Afghanistan that has
received United States Government funding through an
official and documented contract, award, grant, or
cooperative agreement;
(3) spouses, children, and parents whether or not
accompanying or following to join, and sons, daughters, and
siblings of aliens described in paragraph (1) or paragraph (2);
(4) spouses, children, and parents whether or not
accompanying or following to join, and sons, daughters, and
siblings of Afghanis granted the status of a special immigrant
under section 101(a)(27) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(27)) based on faithful and valuable service
to the United States Government; and
(5) Afghanis who are members of a religious or minority
community, have been identified by the Secretary of State, or
the designee of the Secretary, as a persecuted group, and have
close family members (as described in section 201(b)(2)(A)(i)
or 203(a) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i) and 1153(a))) in the United States.
(b) Identification of Other Persecuted Groups.--The Secretary of
State, or the designee of the Secretary, is authorized to identify
other Priority 2 groups of Afghanis, including vulnerable populations.
(c) Ineligible Organizations and Entities.--Organizations and
entities described in subsection (a)(2) shall not include any that
appear on the Department of the Treasury's list of Specially Designated
Nationals or any entity specifically excluded by the Secretary of
Homeland Security, after consultation with the Secretary of State and
the heads of relevant elements of the intelligence community (as
defined in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4))).
(d) Applicability of Other Requirements.--Aliens under this section
who qualify for Priority 2 processing under the refugee resettlement
priority system shall satisfy the requirements of section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) for admission to the
United States.
(e) Numerical Limitations.--In determining the number of Afghani
refugees who should be resettled in the United States under paragraphs
(2), (3), and (4) of subsection (a) and subsection (b) of section 207
of the Immigration and Nationality Act (8 U.S.C. 1157), the President
shall consult with the heads of nongovernmental organizations that have
a presence in Afghanistan or experience in assessing the problems faced
by Afghani refugees.
(f) Eligibility for Admission as Refugee.--No alien shall be denied
the opportunity to apply for admission under this section solely
because such alien qualifies as an immediate relative or is eligible
for any other immigrant classification. | Protecting Allies from Visa Exclusion (PAVE) Act This bill makes any executive order precluding issuance of visas to, revoking visas issued to, or precluding entry or admission of, a class or classes of aliens inapplicable to an alien who is a national of Iraq or Afghanistan and has been granted special immigrant status pursuant to: (1) the National Defense Authorization Act for Fiscal Year 2008, (2) the National Defense Authorization Act for Fiscal Year 2006, or (3) the Afghan Allies Protection Act of 2009. Any such executive order shall not apply to an alien who has been granted refugee status, has been approved for refugee admission, or is a refugee applicant in the United States Refugee Admissions Program under a priority 2 designation pursuant to this bill or the National Defense Authorization Act for Fiscal Year 2008. Priority 2 is for groups of special humanitarian concern identified by the U.S. refugee program. The bill provides priority 2 designation for: Afghanis who were or are employed by the U.S. government in Afghanistan, Afghanis who are or were employed in Afghanistan by a U.S.-headquartered media or nongovernmental organization or an organization closely associated with the U.S. mission in Afghanistan that has received U.S. government funding, family members of such aliens or of Afghanis granted special immigrant status based on valuable U.S. service, and Afghanis who are members of a persecuted religious or minority community and who have close family members in the United States. The Department of State may identify other priority 2 groups of Afghanis, including vulnerable populations. | {"src": "billsum_train", "title": "Protecting Allies from Visa Exclusion (PAVE) Act"} | 1,308 | 350 | 0.709363 | 2.129306 | 0.825665 | 5.695502 | 3.709343 | 0.934256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Utah Open OHV Areas Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Washington County,
Utah.
(2) Federal land.--The term ``Federal land'' means land
owned and managed by the Bureau of Land Management in the
County that is identified on the map as ``Federal Lands
Proposed to Transfer to SITLA''.
(3) Map.--The term ``map'' means the map prepared by the
State of Utah School and Institutional Trust Lands
Administration entitled ``Sand Mountain Exchange Washington
County, Utah'' and dated July 29, 2015.
(4) Non-federal land.--The term ``non-Federal land'' means
the State land identified on the map as ``SITLA Lands Proposed
to Transfer to Federal''.
(5) Public water agency.--The term ``public water agency''
means the Washington County Water Conservancy District.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Utah.
SEC. 3. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.
(a) In General.--If the State offers to convey to the United States
title to the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) on receipt of all right, title, and interest in and to
the non-Federal land, convey to the State all right, title, and
interest of the United States in and to the Federal land.
(b) Valid Existing Rights.--The exchange authorized under
subsection (a) shall be subject to valid existing rights.
(c) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a format acceptable to
the Secretary and the State.
(d) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this section shall be
determined by appraisals conducted by 1 or more independent
appraisers retained by the State, with the consent of the
Secretary.
(2) Applicable law.--The appraisals under paragraph (1)
shall be conducted in accordance with nationally recognized
appraisal standards, including, as appropriate, the Uniform
Appraisal Standards for Federal Land Acquisitions.
(3) Approval.--The appraisals conducted under paragraph (1)
shall be submitted to the Secretary and the State for approval.
(4) Reimbursement of state costs.--The Secretary shall
reimburse the State in an amount equal to 50 percent of the
costs incurred by the State in retaining independent appraisers
under paragraph (1).
(e) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this section--
(A) shall be equal; or
(B) shall be made equal in accordance with
paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--If the value of the
Federal land exceeds the value of the non-Federal land,
the value of the Federal land and non-Federal land
shall be equalized, as determined to be appropriate and
acceptable by the Secretary and the State--
(i) by reducing the acreage of the Federal
land to be conveyed;
(ii) by adding additional State land to the
non-Federal land to be conveyed; or
(iii) by the State making a cash payment to
the United States.
(B) Surplus of non-federal land.--If the value of
the non-Federal land exceeds the value of the Federal
land, the value of the Federal land and non-Federal
land shall be equalized, as determined to be
appropriate and acceptable by the Secretary and the
State--
(i) by reducing the acreage of the non-
Federal land to be conveyed; or
(ii) by the United States making a cash
payment to the State.
(f) Use of Non-Federal Land.--On the conveyance of the non-Federal
land to the Secretary under this section, the non-Federal land shall be
used only--
(1) as an open riding area for the use of off-highway
vehicles; or
(2) for any other recreational use that does not
significantly impact the open use of off-highway vehicles.
SEC. 4. CONVEYANCE OF LAND TO WASHINGTON COUNTY, UTAH.
(a) In General.--As soon as practicable after notification by the
County and subject to valid existing rights, the Secretary shall convey
to the County, without consideration, all right, title, and interest of
the United States in and to the land described in subsection (b).
(b) Description of Land.--The land referred to in subsection (a)
consists of the land managed by the Bureau of Land Management that is
generally depicted on the map as ``Open OHV Areas''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the land to be conveyed to the County under this
section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under this section
shall be used--
(1) primarily as an open riding area for the use of off-
highway vehicles; or
(2) for the construction, maintenance, replacement, or
operation of--
(A) water storage or conveyance facilities;
(B) subsurface water recharge facilities; or
(C) solar or hydroelectric generation or
transmission facilities.
(e) Administrative Costs.--The Secretary shall require the County
to pay all survey costs and other administrative costs necessary for
the preparation and completion of any patents for, and transfers of
title to, the land described in subsection (b).
(f) Conditions.--As a condition of the conveyance under subsection
(a), the County shall agree--
(1) to pay any administrative costs associated with the
conveyance including the costs of any environmental, wildlife,
cultural, or historical resources studies;
(2) to release and indemnify the United States from any
claims or liabilities that may arise from uses carried out on
the land described in subsection (b) on or before the date of
enactment of this Act by the United States or any person; and
(3) to accept such reasonable terms and conditions as the
Secretary determines necessary.
(g) Water Conveyance, Recharge, and Renewable Energy Corridor.--
(1) In general.--The Secretary, in accordance with
applicable laws (including the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and title V of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1761 et
seq.)), shall, prior to making the conveyance described in
subsection (a), issue to the public water agency or the State--
(A) a 250-foot right-of-way for the construction,
maintenance, repair, and replacement of a buried water
conveyance pipeline and the associated construction,
operation, and maintenance of subsurface water recharge
facilities, as depicted on the map as ``Pipe Line 1'';
and
(B) a 150-foot right-of-way for the construction
and maintenance of solar and hydroelectric generation
and transmission facilities, as depicted on the map as
``Transmission Line''.
(2) Administration.--The water conveyance and renewable
energy facilities shall employ best management practices to
limit, to the extent practicable, the impacts of the water
conveyance facilities on off-highway vehicle activities.
(h) Water Storage Facilities.--The Secretary, in accordance with
applicable laws (including the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and title V of the Federal Land Policy
and Management Act 5 of 1976 (43 U.S.C. 1761 et seq.)), shall convey to
the public water agency or the State 214.8 acres of the land described
in subsection (b) for the construction, operation, maintenance, and
repair of a water storage facility and associated facilities as
depicted on the map as ``Hurricane Cliffs Afterbay''.
(i) Sand Hollow Regional Pipeline Corridor.--The Secretary, in
accordance with applicable laws (including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and title V of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.)),
shall, prior to making the conveyance described in subsection (a),
issue to the public water agency a 200-foot right-of-way for the
construction, maintenance, repair, and replacement of a buried water
conveyance pipeline, as depicted on the map as ``Pipe Line 2''.
(j) Reversion.--If the land conveyed under this section ceases to
be used for a public purpose in accordance with subsection (d), the
land shall, at the discretion of the Secretary, revert to the United
States. | Southern Utah Open OHV Areas Act This bill directs the Department of the Interior to convey specified land owned and managed by the Bureau of Land Management (BLM) in Washington County, Utah, to the state of Utah in exchange for specified state lands. Upon the conveyance of the nonfederal land to Interior, such land shall be used only: as an open riding area for the use of off-highway vehicles; or for any other recreational use that does not significantly impact the open use of such vehicles. Interior shall convey, without consideration, specified Open OHV Areas managed by the BLM to Washington County. Such conveyed land shall be used primarily as an open riding area for the use of off-highway vehicles or for the construction, maintenance, replacement, or operation of: water storage or conveyance facilities; subsurface water recharge facilities; or solar or hydroelectric generation or transmission facilities. Before making such conveyance, Interior shall issue to the Washington County Water Conservancy District or the state: a 250-foot right-of-way for the construction, maintenance, repair, and replacement of a buried water conveyance pipeline and the associated construction, operation, and maintenance of subsurface water recharge facilities identified as Pipeline 1; and a 150-foot right-of-way for the construction and maintenance of solar and hydroelectric generation and transmission facilities identified as Transmission Line. Interior shall convey to the District or the state 214.8 acres of the County-conveyed Open OHV Areas land for the construction, operation, maintenance, and repair of a water storage facility and associated facilities identified as "Hurricane Cliffs Afterbay." Before making the conveyance to the County, Interior shall issue to the District a 200-foot right-of-way for the construction, maintenance, repair, and replacement of a buried water conveyance pipeline in the Sand Hollow Regional Pipeline Corridor identified as Pipe Line 2. | {"src": "billsum_train", "title": "Southern Utah Open OHV Areas Act"} | 2,164 | 416 | 0.515371 | 1.703639 | 0.642319 | 5.609756 | 5.178862 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pro bono Work to Empower and
Represent Act of 2018'' or the ``POWER Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Extremely high rates of domestic violence, dating violence,
sexual assault, and stalking exist at the local, State, tribal, and
national levels and such violence or behavior harms the most
vulnerable members of our society.
(2) According to a study commissioned by the Department of
Justice, nearly 25 percent of women suffer from domestic violence
during their lifetime.
(3) Proactive efforts should be made available in all forums to
provide pro bono legal services and eliminate the violence that
destroys lives and shatters families.
(4) A variety of factors cause domestic violence, dating
violence, sexual assault, and stalking, and a variety of solutions
at the local, State, and national levels are necessary to combat
such violence or behavior.
(5) According to the National Network to End Domestic Violence,
which conducted a census including almost 1,700 assistance
programs, over the course of 1 day in September 2014, more than
10,000 requests for services, including legal representation, were
not met.
(6) Pro bono assistance can help fill this need by providing
not only legal representation, but also access to emergency
shelter, transportation, and childcare.
(7) Research and studies have demonstrated that the provision
of legal assistance to victims of domestic violence, dating
violence, sexual assault, and stalking reduces the probability of
such violence or behavior reoccurring in the future and can help
survivors move forward.
(8) Legal representation increases the possibility of
successfully obtaining a protective order against an attacker,
which prevents further mental and physical injury to a victim and
his or her family, as demonstrated by a study that found that 83
percent of victims represented by an attorney were able to obtain a
protective order, whereas only 32 percent of victims without an
attorney were able to do so.
(9) The American Bar Association Model Rules include commentary
stating that ``every lawyer, regardless of professional prominence
or professional workload, has a responsibility to provide legal
services to those unable to pay, and personal involvement in the
problems of the disadvantaged can be one of the most rewarding
experiences in the life of a lawyer''.
(10) As leaders in their legal communities, judges in district
courts should encourage lawyers to provide pro bono resources in an
effort to help victims of such violence or behavior escape the
cycle of abuse.
(11) A dedicated army of pro bono attorneys focused on this
mission will inspire others to devote efforts to this cause and
will raise awareness of the scourge of domestic violence, dating
violence, sexual assault, and stalking throughout the country.
(12) Communities, by providing awareness of pro bono legal
services and assistance to survivors of domestic violence, dating
violence, sexual assault, and stalking, will empower those
survivors to move forward with their lives.
SEC. 3. DISTRICT COURTS TO PROMOTE EMPOWERMENT EVENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for a period of 4 years, the chief
judge, or his or her designee, for each judicial district shall lead
not less than one public event, in partnership with a State, local,
tribal, or territorial domestic violence service provider or coalition
and a State or local volunteer lawyer project, promoting pro bono legal
services as a critical way in which to empower survivors of domestic
violence, dating violence, sexual assault, and stalking and engage
citizens in assisting those survivors.
(b) Districts Containing Indian Tribes and Tribal Organizations.--
During each 2-year period, the chief judge, or his or her designee, for
a judicial district that contains an Indian tribe or tribal
organization (as those terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304)) shall
lead not less than one public event promoting pro bono legal services
under subsection (a) of this section in partnership with an Indian
tribe or tribal organization with the intent of increasing the
provision of pro bono legal services for Indian or Alaska Native
victims of domestic violence, dating violence, sexual assault, and
stalking.
(c) Requirements.--Each chief judge shall--
(1) have discretion as to the design, organization, and
implementation of the public events required under subsection (a);
and
(2) in conducting a public event under subsection (a), seek to
maximize the local impact of the event and the provision of access
to high-quality pro bono legal services by survivors of domestic
violence, dating violence, sexual assault, and stalking.
SEC. 4. REPORTING REQUIREMENTS.
(a) Report to the Director of the Administrative Office of the
United States Courts.--Not later than October 30 of each year, each
chief judge shall submit to the Director of the Administrative Office
of the United States Courts a report detailing each public event
conducted under section 3 during the previous fiscal year.
(b) Report to Congress.--
(1) In general.--Not later than January 1 of each year, the
Director of the Administrative Office of the United States Courts
shall submit to Congress a compilation and summary of each report
received under subsection (a) for the previous fiscal year.
(2) Requirement.--Each comprehensive report submitted under
paragraph (1) shall include an analysis of how each public event
meets the goals set forth in this Act, as well as suggestions on
how to improve future public events.
SEC. 5. FUNDING.
The Administrative Office of the United States Courts shall use
existing funds to carry out the requirements of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Pro bono Work to Empower and Represent Act of 2018 or the POWER Act (Sec. 3) This bill requires the chief judge for each judicial district to conduct public events to promote pro bono legal services for survivors of domestic violence, dating violence, sexual assault, and stalking. Additionally, the chief judge for a judicial district that contains an Indian tribe or tribal organization must conduct, at least once during each two-year period, a public event to promote pro bono legal services for Indian or Alaska Native victims of domestic violence, dating violence, sexual assault, and stalking. A chief judge must, in conducting public events, seek to maximize the local impact and the provision of high-quality pro bono legal services to survivors. (Sec. 4) Chief judges must report to the Administrative Office of the U.S. Courts on the public events they conduct. The Administrative Office of the U.S. Courts must compile and summarize the reports and submit them to Congress. | {"src": "billsum_train", "title": "Pro bono Work to Empower and Represent Act of 2017"} | 1,254 | 212 | 0.584784 | 1.945844 | 0.972541 | 4.252688 | 6.548387 | 0.887097 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Product Safety Notification and
Recall Effectiveness Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Consumer Product Safety Commission conducts
approximately 300 recalls of hazardous, dangerous, and
defective consumer products each year.
(2) In developing comprehensive corrective action plans
with recalling companies, the Consumer Product Safety
Commission staff greatly relies upon the media and retailers to
alert consumers to the dangers of unsafe consumer products,
because the manufacturers do not generally possess contact
information regarding the purchasing consumers. Based upon
information received from companies maintaining customer
registration lists, such contact information is known for
generally less than 7 percent of the total consumer products
produced and distributed.
(3) The Consumer Product Safety Commission staff has found
that most consumers do not return purchaser identification
cards because of requests for marketing and personal
information on the cards, and the likelihood of receiving
unsolicited marketing materials.
(4) The Consumer Product Safety Commission staff has
conducted research demonstrating that direct consumer contact
is one of the most effective ways of motivating consumer
response to a consumer product recall.
(5) Companies that maintain consumer product purchase data,
such as product registration cards, warranty cards, and rebate
cards, are able to effectively notify consumers of a consumer
product recall.
(6) The Consumer Product Safety Commission staff has found
that a consumer product safety owner card, without marketing
questions or requests for personal information, that
accompanied products such as small household appliances and
juvenile products would increase consumer participation and
information necessary for direct notification in consumer
product recalls.
(7) The National Highway Traffic Safety Administration has,
since March 1993, required similar simplified, marketing-free
product registration cards on child safety seats used in motor
vehicles.
(b) Purpose.--The purpose of this Act is to reduce the number of
deaths and injuries from defective and hazardous consumer products
through improved recall effectiveness, by--
(1) requiring the Consumer Product Safety Commission to
promulgate a rule to require manufacturers of juvenile
products, small household appliances, and certain other
consumer products, to include a simplified product safety owner
card with those consumer products at the time of original
purchase by consumers, or develop effective electronic
registration of the first purchasers of such products, to
develop a customer database for the purpose of notifying
consumers about recalls of those products; and
(2) encouraging manufacturers, private labelers, retailers,
and others to use creativity and innovation to create and
maintain effective methods of notifying consumers in the event
of a consumer product recall.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Terms defined in consumer product safety act.--The
definitions set forth in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052) shall apply to this Act.
(2) Covered consumer product.--The term ``covered consumer
product'' means--
(A) a juvenile product;
(B) a small household appliance; and
(C) such other consumer product as the Commission
considers appropriate for achieving the purpose of this
Act.
(3) Juvenile product.--The term ``juvenile product''--
(A) means a consumer product intended for use, or
that may be reasonably expected to be used, by children
under the age of 5 years; and
(B) includes--
(i) full-size cribs and nonfull-size cribs;
(ii) toddler beds;
(iii) high chairs, booster chairs, and
hook-on chairs;
(iv) bath seats;
(v) gates and other enclosures for
confining a child;
(vi) playpens;
(vii) stationary activity centers;
(viii) strollers;
(ix) walkers;
(x) swings;
(xi) child carriers; and
(xii) bassinets and cradles.
(4) Product safety owner card.--The term ``product safety
owner card'' means a standardized product identification card
supplied with a consumer product by the manufacturer of the
product, at the time of original purchase by the first
purchaser of such product for purposes other than resale, that
only requests that the consumer of such product provide to the
manufacturer a minimal level of personal information needed to
enable the manufacturer to contact the consumer in the event of
a recall of the product.
(5) Small household appliance.--The term ``small household
appliance'' means a consumer product that is a toaster, toaster
oven, blender, food processor, coffee maker, or other similar
small appliance as provided for in the rule promulgated by the
Consumer Product Safety Commission.
SEC. 4. RULE REQUIRING SYSTEM TO PROVIDE NOTICE OF RECALLS OF CERTAIN
CONSUMER PRODUCTS.
(a) In General.--The Commission shall promulgate a rule under
section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b))
that requires that the manufacturer of a covered consumer product shall
establish and maintain a system for providing notification of recalls
of such product to consumers of such product.
(b) Requirement To Create Database.--
(1) In general.--The rule shall require that the system
include use of product safety owner cards, Internet
registration, or an alternative method, to create a database of
information regarding consumers of covered consumer products,
for the sole purpose of notifying such consumers of recalls of
such products.
(2) Use of technology.--Alternative methods specified in
the rule may include use of on-line product registration and
consumer notification, consumer information data bases,
electronic tagging and bar codes, embedded computer chips in
consumer products, or other electronic and design strategies to
notify consumers about product recalls, that the Commission
determines will increase the effectiveness of recalls of
covered consumer products.
(c) Use of Commission Staff Proposal.--In promulgating the rule,
the Commission shall consider the staff draft for an Advanced Notice of
Proposed Rulemaking entitled ``Purchaser Owner Card Program'', dated
June 19, 2001.
(d) Exclusion of Low-Price Items.--The Commission shall have the
authority to exclude certain low-cost items from the rule for good
cause.
(e) Deadlines.--
(1) In general.--The Commission--
(A) shall issue a proposed rule under this section
by not later than 90 days after the date of enactment
of this Act; and
(B) shall promulgate a final rule under this
section by not later than 270 days after the date of
enactment of this Act.
(2) Extension.--The Commission may extend the deadline
described in paragraph (1) if the Commission provides timely
notice to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. | Product Safety Notification and Recall Effectiveness Act of 2002 - Directs the Consumer Product Safety Commission to promulgate a rule requiring the manufacturer of specified juvenile products and small household appliances to establish and maintain a product recall notification system for consumers.Requires such system to create a database for the sole purpose of notifying such consumers of product recalls through the use of product safety owner cards (or an alternative method). | {"src": "billsum_train", "title": "A bill to direct the Consumer Product Safety Commission to promulgate a rule that requires manufacturers of certain consumer products to establish and maintain a system for providing notification of recalls of such products to consumers who first purchase such a product."} | 1,485 | 92 | 0.592342 | 1.537221 | 0.987194 | 3.907895 | 18.368421 | 0.986842 |
SECTION 1. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS.
``(a) Discontinuance of Regulation by the Commission.--
Notwithstanding sections 4(e) and 23(b), the Commission shall
discontinue exercising licensing and regulatory authority under this
Part over qualifying project works in the State of Alaska, effective on
the date on which the Commission certifies that the State of Alaska has
in place a regulatory program for water-power development that--
``(1) protects the public interest, the purposes listed in
paragraph (2), and the environment to the same extent provided
by licensing and regulation by the Commission under this Part
and other applicable Federal laws, including the Endangered
Species Act (16 U.S.C. 1531 et seq.) and the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.);
``(2) gives equal consideration to the purposes of--
``(A) energy conservation;
``(B) the protection, mitigation of damage to, and
enhancement of, fish and wildlife (including related
spawning grounds and habitat);
``(C) the protection of recreational opportunities,
``(D) the preservation of other aspects of
environmental quality,
``(E) the interests of Alaska Natives, and
``(F) other beneficial public uses, including
irrigation, flood control, water supply, and
navigation; and
``(3) requires, as a condition of a license for any project
works--
``(A) the construction, maintenance, and operation
by a licensee at its own expense of such lights and
signals as may be directed by the Secretary of the
Department in which the Coast Guard is operating, and
such fishways as may be prescribed by the Secretary of
the Interior or the Secretary of Commerce, as
appropriate;
``(B) the operation of any navigation facilities
which may be constructed as part of any project to be
controlled at all times by such reasonable rules and
regulations as may be made by the Secretary of the
Army; and
``(C) conditions for the protection, mitigation,
and enhancement of fish and wildlife based on
recommendations received pursuant to the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.) from
the National Marine Fisheries Service, the United
States Fish and Wildlife Service, and State fish and
wildlife agencies.
``(b) Definition of `Qualifying Project Works'.--For purposes of
this section, the term ``qualifying project works'' means project
works--
``(1) that are not part of a project licensed under this
Part or exempted from licensing under this Part or section 405
of the Public Utility Regulatory Policies Act of 1978 prior to
the date of enactment of this section;
``(2) for which a preliminary permit, a license
application, or an application for an exemption from licensing
has not been accepted for filing by the Commission prior to the
date of enactment of subsection (c) (unless such application is
withdrawn at the election of the applicant);
``(3) that are part of a project that has a power
production capacity of 5,000 kilowatts or less;
``(4) that are located entirely within the boundaries of
the State of Alaska; and
``(5) that are not located in whole or in part on any
Indian reservation, a conservation system unit (as defined in
section 102(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3102(4))), or segment of a river
designated for study for addition to the Wild and Scenic Rivers
System.
``(c) Election of State Licensing.--In the case of nonqualifying
project works that would be a qualifying project works but for the fact
that the project has been licensed (or exempted from licensing) by the
Commission prior to the enactment of this section, the licensee of such
project may in its discretion elect to make the project subject to
licensing and regulation by the State of Alaska under this section.
``(d) Project Works on Federal Lands.--With respect to projects
located in whole or in part on a reservation, a conservation system
unit, or the public lands, a State license or exemption from licensing
shall be subject to--
``(1) the approval of the Secretary having jurisdiction
over such lands; and
``(2) such conditions as the Secretary may prescribe.
``(e) Consultation With Affected Agencies.--The Commission shall
consult with the Secretary of the Interior, the Secretary of
Agriculture, and the Secretary of Commerce before certifying the State
of Alaska's regulatory program.
``(f) Application of Federal Laws.--Nothing in this section shall
preempt the application of Federal environmental, natural resources, or
cultural resources protection laws according to their terms.
``(g) Oversight by the Commission.--The State of Alaska shall
notify the Commission not later than 30 days after making any
significant modification to its regulatory program. The Commission
shall periodically review the State's program to ensure compliance with
the provisions of this section.
``(h) Resumption of Commission Authority.--Notwithstanding
subsection (a), the Commission shall reassert its licensing and
regulatory authority under this Part if the Commission finds that the
State of Alaska has not complied with one or more of the requirements
of this section.
``(i) Determination by the Commission.--
``(1) Upon application by the Governor of the State of
Alaska, the Commission shall within 30 days commence a review
of the State of Alaska's regulatory program for water-power
development to determine whether it complies with the
requirements of subsection (a).
``(2) The Commission's review required by paragraph (1)
shall be completed within one year of initiation, and the
Commission shall within 30 days thereafter issue a final order
determining whether or not the State of Alaska's regulatory
program for water-power development complies with the
requirements of subsection (a).
``(3) If the Commission fails to issue a final order in
accordance with paragraph (2), the State of Alaska's regulatory
program for water-power development shall be deemed to be in
compliance with subsection (a).''.
SEC. 2. VOLUNTARY LICENSING OF HYDROELECTRIC PROJECTS ON FRESH WATERS
IN THE STATE OF HAWAII.
Section 4(e) of the Federal Power Act is amended by striking
``several States, or upon'' and inserting ``several States (except
fresh waters in the State of Hawaii, unless a license would be required
by section 23 of the Act), or upon''.
SEC. 3. LIMITED EXEMPTION FOR TRANSMISSION FACILITIES ASSOCIATED WITH
THE EL VADO HYDROELECTRIC PROJECT.
(a) Part I of the Federal Power Act, and the jurisdiction of the
Federal Energy Regulatory Commission under such part I, shall not apply
to the transmission line facilities associated with the El Vado
Hydroelectric project (FERC project No. 5226) which are described in
subsection (b).
(b) The facilities to which the exemption under subsection (a)
applies are those transmission facilities located near the Rio Chama, a
tributary of the Rio Grande, in Rio Arriba County, New Mexico, referred
to as the El Vado transmission line, a three phase 12-mile long 69 kV
power line installed within a 50-foot wide right-of-way in Rio Arriba
County, New Mexico, originating at the El Vado project's switchyard and
connecting to the Spills 69 kV switching station operated by the
Northern Arriba Electric Cooperative Inc.
SEC. 4. FERC EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE FOR
HYDROELECTRIC PROJECTS.
The second sentence in section 13 of the Federal Power Act (15
U.S.C. 806) is amended to read as follows: ``The period for the
commencement of construction may be extended by the Commission for not
longer than ten years from the issuance date of the license when not
incompatible with the public interest, and the period for the
completion of construction carried on in good faith and with reasonable
diligence may be extended by the Commission when not incompatible with
the public interest.''.
SEC. 5. TECHNICAL CORRECTION.
Section 6 of the Federal Power Act (16 U.S.C. 799) is amended by
adding at the end the following:
Licenses may be revoked only for the reasons and in the manner
prescribed under the provisions of this Act, and may be altered or
surrendered only upon mutual agreement between the license and the
Commission after thirty days' public notice.
Passed the Senate June 25, 1998.
Attest:
GARY SISCO,
Secretary. | Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to discontinue its licensing and regulatory authority over certain new, small (power production capacity of 5,000 kilowatts or less) qualifying hydroelectric project works in Alaska, effective upon FERC certification that Alaska has a regulatory program in place for water-power development meeting specified criteria. Prescribes such criteria as: (1) protection of certain public and environmental interests to the same extent provided by FERC and specified Federal law; (2) equal consideration given to energy conservation, fish and wildlife protection, recreational opportunities, environmental quality, the interests of Alaska Natives, and beneficial public uses; and (3) licensing requirements for construction, operation and maintenance of lights, signals, and fishways by a licensee at its own expense, operation of navigation facilities subject to Secretary of the Army regulations, and fish and wildlife protection and enhancement based upon Federal and State agency recommendations.
Authorizes the licensee of a project works licensed before enactment of this Act to elect to subject such works to licensing and regulation by Alaska in accordance with this Act.
Declares that, with respect to project works on an Indian reservation, a conservation system unit, or Federal public lands, a State license or exemption from license shall be subject to the approval of the Secretary having jurisdiction over such lands, and such conditions as the Secretary may prescribe.
Requires FERC to consult with the Secretaries of the Interior, of Agriculture, and of Commerce before certifying Alaska's regulatory program.
Requires the State of Alaska to notify FERC within 30 days after making any significant modification to its regulatory program. Requires FERC to reassert its regulatory and licensing authority if Alaska has not complied with one or more requirements of this Act. Prescribes FERC compliance review procedures.
(Sec. 2) Excludes from FERC voluntary licensing jurisdiction any hydroelectric projects upon fresh waters in Hawaii, unless a license would be required because: (1) the waters are navigable; or (2) the projects affect interstate commerce, are located on Federal lands, or use water from a government dam.
(Sec. 3) Exempts from FERC licensing requirements certain transmission line facilities associated with the El Vado Hydroelectric Project in New Mexico.
(Sec. 4) Extends the deadline for commencement of construction of hydroelectric projects from two years to ten years from date of license issuance.
(Sec. 5) Restores the provision that licenses may be revoked only in accordance with the Federal Power Act, and may be altered or surrendered upon mutual agreement between the licensee and FERC after public notice. | {"src": "billsum_train", "title": "A bill to provide for Alaska State jurisdiction over small hydroelectric projects, to address voluntary licensing of hydroelectric projects on fresh waters in the State of Hawaii, to provide an exemption for portion of a hydroelectric project located in the State of New Mexico, and for other purposes."} | 2,012 | 592 | 0.623646 | 2.029351 | 0.669647 | 3.004 | 3.628 | 0.928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Commission on Campaign
Finance Reform Act of 1997''.
SEC. 2. ESTABLISHMENT AND PURPOSE OF COMMISSION.
There is established a commission to be known as the ``Independent
Commission on Campaign Finance Reform'' (referred to in this Act as the
``Commission''). The purposes of the Commission are to study the laws
relating to the financing of political activity and to report and
recommend legislation to reform those laws.
SEC. 3. MEMBERSHIP OF COMMISSION.
(a) Composition.--The Commission shall be composed of 12 members
appointed within 15 days after the date of the enactment of this Act by
the President from among individuals who are not incumbent Members of
Congress and who are specially qualified to serve on the Commission by
reason of education, training, or experience.
(b) Appointment.--
(1) In general.--Members shall be appointed as follows:
(A) 3 members (one of whom shall be a political
independent) shall be appointed from among a list of
nominees submitted by the Speaker of the House of
Representatives.
(B) 3 members (one of whom shall be a political
independent) shall be appointed from among a list of
nominees submitted by the majority leader of the
Senate.
(C) 3 members (one of whom shall be a political
independent) shall be appointed from among a list of
nominees submitted by the minority leader of the House
of Representatives.
(D) 3 members (one of whom shall be a political
independent) shall be appointed from among a list of
nominees submitted by the minority leader of the
Senate.
(2) Failure to submit list of nominees.--If an official
described in any of the subparagraphs of paragraph (1) fails to
submit a list of nominees to the President during the 15-day
period which begins on the date of the enactment of this Act--
(A) such subparagraph shall no longer apply; and
(B) the President shall appoint 3 members (one of
whom shall be a political independent) who meet the
requirements described in subsection (a) and such other
criteria as the President may apply.
(3) Political independent defined.--In this subsection, the
term ``political independent'' means an individual who at no
time after January 1992--
(A) has held elective office as a member of the
Democratic or Republican party;
(B) has received any wages or salary from the
Democratic or Republican party or from a Democratic or
Republican party office-holder or candidate; or
(C) has provided substantial volunteer services or
made any substantial contribution to the Democratic or
Republican party or to a Democratic or Republican party
office-holder or candidate.
(c) Chairman.--At the time of the appointment, the President shall
designate one member of the Commission as Chairman of the Commission.
(d) Terms.--The members of the Commission shall serve for the life
of the Commission.
(e) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(f) Political Affiliation.--Not more than 4 members of the
Commission may be of the same political party.
SEC. 4. POWERS OF COMMISSION.
(a) Hearings.--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. In carrying out the preceding sentence, the Commission
shall ensure that a substantial number of its meetings are open
meetings, with significant opportunities for testimony from members of
the general public.
(b) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings. The approval of at least
9 members of the Commission is required when approving all or a portion
of the recommended legislation. Any member of the Commission may, if
authorized by the Commission, take any action which the Commission is
authorized to take under this section.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Pay and Travel Expenses of Members.--(1) Each member of the
Commission shall be paid at a rate equal to the daily equivalent of the
annual rate of basic pay payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in the
actual performance of duties vested in the Commission.
(2) Members of the Commission shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(b) Staff Director.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a staff
director, who shall be paid at the rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title 5, United
States Code.
(c) Staff of Commission; Services.--
(1) In general.--With the approval of the Commission, the
staff director of the Commission may appoint and fix the pay of
additional personnel. The Director may make such appointments
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and
any personnel so appointed may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates, except that an individual so appointed may not receive
pay in excess of the maximum annual rate of basic pay payable
for grade GS-15 of the General Schedule under section 5332 of
title 5, United States Code.
(2) Experts and consultants.--The Commission may procure by
contract the temporary or intermittent services of experts or
consultants pursuant to section 3109 of title 5, United States
Code.
SEC. 6. REPORT AND RECOMMENDED LEGISLATION.
(a) Report.--Not later than July 1, 1998, or 240 days after the
appointment of its members (whichever occurs earlier), the Commission
shall submit to the President, the Speaker and minority leader of the
House of Representatives, and the majority and minority leaders of the
Senate a report of the activities of the Commission.
(b) Recommendations; Draft of Legislation.--The report under
subsection (a) shall include any recommendations for changes in the
laws (including regulations) governing the financing of political
activity, including any changes in the rules of the Senate or the House
of Representatives, to which 9 or more members of the Commission may
agree, together with drafts of--
(1) any legislation (including technical and conforming
provisions) recommended by the Commission to implement such
recommendations; and
(2) any proposed amendment to the Constitution recommended
by the Commission as necessary to implement such
recommendations, except that if the Commission includes such a
proposed amendment in its report, it shall also include
recommendations (and drafts) for legislation which may be
implemented prior to the adoption of such proposed amendment.
(c) Goals of Recommendations and Legislation.--In making
recommendations and preparing drafts of legislation under this section,
the Commission shall consider the following to be its primary goals:
(1) Encouraging fair and open Federal elections which
provide voters with meaningful information about candidates and
issues.
(2) Eliminating the disproportionate influence of special
interest financing of Federal elections.
(3) Creating a more equitable electoral system for
challengers and incumbents.
SEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATION.
(a) In General.--If any legislation is introduced the substance of
which implements a recommendation of the Commission submitted under
section 6(b) (including a joint resolution proposing an amendment to
the Constitution), subject to subsection (b), the provisions of section
2908 (other than subsection (a)) of the Defense Base Closure and
Realignment Act of 1990 shall apply to the consideration of the
legislation in the same manner as such provisions apply to a joint
resolution described in section 2908(a) of such Act.
(b) Special Rules.--For purposes of applying subsection (a) with
respect to such provisions, the following rules shall apply:
(1) Any reference to the Committee on Armed Services of the
House of Representatives shall be deemed a reference to the
Committee on House Oversight of the House of Representatives
and any reference to the Committee on Armed Services of the
Senate shall be deemed a reference to the Committee on Rules
and Administration of the Senate.
(2) Any reference to the date on which the President
transmits a report shall be deemed a reference to the date on
which the recommendation involved is submitted under section
6(b).
(3) Notwithstanding subsection (d)(2) of section 2908 of
such Act--
(A) debate on the legislation in the House of
Representatives, and on all debatable motions and
appeals in connection with the legislation, shall be
limited to not more than 10 hours, divided equally
between those favoring and those opposing the
legislation;
(B) debate on the legislation in the Senate, and on
all debatable motions and appeals in connection with
the legislation, shall be limited to not more than 10
hours, divided equally between those favoring and those
opposing the legislation; and
(C) debate in the Senate on any single debatable
motion and appeal in connection with the legislation
shall be limited to not more than 1 hour, divided
equally between the mover and the manager of the bill
(except that in the event the manager of the bill is in
favor of any such motion or appeal, the time in
opposition thereto shall be controlled by the minority
leader or his designee), and the majority and minority
leader may each allot additional time from time under
such leader's control to any Senator during the
consideration of any debatable motion or appeal.
SEC. 8. TERMINATION.
The Commission shall cease to exist 90 days after the date of the
submission of its report under section 6.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as are necessary to carry out its duties under this Act. | Independent Commission on Campaign Finance Reform Act of 1997 - Establishes the Independent Commission on Campaign Finance Reform to study the laws relating to the financing of political activity and to report and recommend legislation to reform those laws.
(Sec. 6) Requires the Commission, not later than July 1998 or 240 days after the appointment of its members (whichever occurs earlier), to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, a report of the activities of the Commission. Requires the report to include any recommendations for changes in the laws (including regulations) governing the financing of political activity, including any changes in House and Senate rules, to which nine or more Commission members may agree, together with drafts of: (1) any legislation (including technical and conforming provisions) recommended by the Commission to implement such recommendations; and (2) any proposed amendment to the Constitution recommended by the Commission as necessary to implement such recommendations, except that if the Commission includes such a proposed amendment in its report, it shall also include recommendations and drafts for legislation that may be implemented prior to the adoption of such proposed amendment. Requires the Commission, in making recommendations and preparing drafts of legislation, to consider the following to be its primary goals: (1) encouraging fair and open Federal elections that provide voters with meaningful information about candidates and issues; (2) eliminating the disproportionate influence of special interest financing of Federal elections; and (3) creating a more equitable electoral system for challengers and incumbents.
(Sec. 7) Provides for expedited congressional consideration of any legislation introduced the substance of which implements a recommendation of the Commission submitted, including a joint resolution proposing an amendment to the Constitution.
(Sec. 9) Authorizes appropriations. | {"src": "billsum_train", "title": "Independent Commission on Campaign Finance Reform Act of 1997"} | 2,216 | 383 | 0.604963 | 1.916219 | 0.834153 | 6.672316 | 5.872881 | 0.971751 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancement of Veterans Mental
Health Services Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A study published in the New England Journal of
Medicine reported that about one in six soldiers of the Iraq
war displays symptoms of post-traumatic stress disorder.
(2) Clinical experts are anticipating an increase in the
number of post-traumatic stress disorder cases in light of the
increasing duration of military deployment.
(3) 86 of 163 Department of Veterans Affairs Medical
Centers have post-traumatic stress disorder treatment programs.
(4) Section 1706 of title 38, United States Code, requires
that the Secretary of Veterans Affairs ensure, in accordance
with that section, that the Department of Veterans Affairs
maintains its capacity to provide for the specialized treatment
and rehabilitative needs of disabled veterans within distinct
programs or facilities of the Deparment.
SEC. 3. POST-TRAUMATIC STRESS DISORDER TREATMENT FOR VETERANS OF
SERVICE IN AFGHANISTAN AND IRAQ AND THE WAR ON TERROR.
(a) Enhanced Capacity for Department of Veterans Affairs.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Veterans Affairs for
``Medical Care'' the amount of $100,000,000 for the employment
of additional psychiatrists and other mental health services
specialists at Department of Veterans Affairs medical centers
and outpatient facilities specializing in the diagnosis and
treatment of post-traumatic stress disorder.
(2) Allocation of funds.--Funds made available pursuant to
the authorization of appropriations in paragraph (1) shall, to
the extent funds are available for such purpose, be used to
employ at least one psychiatrist and a complementary clinical
team at each medical center of the Department of Veterans
Affairs in order to conduct a specialized program for the
diagnosis and treatment of post-traumatic stress disorder and
to employ additional mental health services specialists at the
medical center.
(b) Outreach at the Community Level.--
(1) Program.--The Secretary of Veterans Affairs shall,
within the authorities of the Secretary under title 38, United
States Code, carry out a program to provide outreach at the
community level to veterans who participated in Operation Iraqi
Freedom or Operation Enduring Freedom who are or may be
suffering from post-traumatic stress disorder.
(2) Program sites.--The program shall be carried out on a
nation-wide basis through facilities of the Department of
Veterans Affairs.
(3) Program content.--The program shall provide for
individualized case management to be conducted on a one-on-one
basis, counseling, education, and group therapy to help
participants cope with post-traumatic stress disorder. The
program--
(A) shall emphasize early identification of
veterans who may be experiencing symptoms of post-
traumatic stress disorder; and
(B) shall include group-oriented, peer-to-peer
settings for treatment.
(4) Program model.--The Secretary shall establish and carry
out the program under this subsection using as a model the
program for the treatment of post-traumatic stress disorder
conducted at the Department of Veterans Affairs medical center
in Memphis, Tennessee.
SEC. 4. ARMED FORCES REVIEW OF MENTAL HEALTH PROGRAMS.
(a) Review of Mental Health Programs.--The Secretary of each
military department shall conduct a comprehensive review of the mental
health care programs of the Armed Forces under the jurisdiction of that
Secretary in order to determine ways to improve the efficacy of such
care, including a review of joint Department of Defense and Department
of Veterans Affairs clinical guidelines to ensure a seamless delivery
of care during transitions from active duty or reserve status to
civilian life.
(b) Report to Congress.--The Secretary of Defense shall submit to
Congress a report setting forth the results of such review not later
than 90 days after the date of the enactment of this Act.
SEC. 5. TRANSITION TO VETERANS HEALTH CARE.
The Secretary of each military department shall take special care
in providing for as seamless a transition as possible from Department
of Defense health care services to Department of Veterans Affairs
health care services in the case of members of the Armed Forces who are
being discharged or separated from active duty and who have been
identified by the Secretary as having been exposed to combat or
otherwise as being at particular risk for post-traumatic stress
disorder.
SEC. 6. PRIVACY SAFEGUARDS.
The Secretary of each military department and the Secretary of
Veterans Affairs shall assess privacy and patient confidentiality
standards and practices of their respective departments to ensure that
those standards and practices are adequate to protect the privacy of
patients, particularly in the case of patients seeking treatment for
post-traumatic stress disorder. Each of those Secretaries shall also
assess and identify other factors that may deter members of the Armed
Forces and veterans from seeking treatment for post-traumatic stress
disorder. | Enhancement of Veterans Mental Health Services Act - Authorizes appropriations for the employment of additional psychiatrists and other mental health services specialists at Department of Veterans Affairs medical centers and outpatient facilities specializing in the diagnoses and treatment of post-traumatic stress disorder (PTSD).
Requires the Secretary of Veterans Affairs to conduct a nationwide outreach program at the community level for veterans who participated in Operation Iraqi Freedom or Operation Enduring Freedom who are or may be suffering from PTSD.
Directs the Secretary of each military department to conduct a comprehensive review of the mental health care programs of the Armed Forces under the jurisdiction of that Secretary to determine ways to improve the efficacy of such care.
Requires the Secretary of each military department to take special care in providing for as seamless a transition as possible from Department of Defense health care services to Department of Veterans Affairs health care services with regard to members of the Armed Forces who were exposed to combat or are otherwise at risk for PTSD.
Requires the Secretary of each military department and the Secretary of Veterans Affairs to: (1) assess the adequacy of privacy and patient confidentiality standards and practices of their respective departments, particularly with regard to patients seeking treatment for PTSD; and (2) identify other factors that may deter members of the Armed Forces from seeking treatment for PTSD. | {"src": "billsum_train", "title": "To improve post-traumatic stress disorder treatment for veterans of service in Afghanistan and Iraq and the war on terror."} | 1,046 | 286 | 0.63486 | 1.717127 | 0.921432 | 5.759036 | 3.963855 | 0.947791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Waste in National Parks
Act''.
SEC. 2. DISPOSABLE PLASTIC BOTTLE RECYCLING AND REDUCTION IN UNITS OF
THE NATIONAL PARK SYSTEM.
(a) Program for Recycling and Reduction of Disposable Plastic
Bottles in Units of the National Park System.--Each regional director
concerned shall establish in such unit of the National Park System a
program for recycling and reduction of disposable plastic bottles,
including, if applicable, elimination of the sale of water in
disposable plastic bottles under subsection (b).
(b) Elimination of Sale of Water in Disposable Plastic Bottles.--
(1) In general.--Each regional director concerned may
eliminate the sale of water in disposable plastic bottles in
such unit of the National Park System after consideration of
the following factors with respect to such unit:
(A) The costs and benefits to the overall
operations.
(B) The amount of waste that would be eliminated.
(C) The infrastructure costs and funding sources
for bottle refill stations.
(D) Any contractual implications with respect to
concessioners, including considerations of new
leaseholder surrender interest or possessory interest.
(E) The operational costs of bottle refill
stations, including utilities and regular public health
testing.
(F) The cost and availability of BPA-free reusable
containers.
(G) The effect on concessioner and cooperation
association sales revenue.
(H) The availability of water within concession
food service operations.
(I) The ability to provide visitor education in the
unit and online so that visitors may come prepared with
their own water bottles.
(J) Any input from the National Park Service Office
of Public Health.
(K) The feasibility of posting signs so that
visitors can easily find bottle refill stations.
(L) Safety considerations for visitors who may
resort to not carrying enough water or drinking from
surface water sources with potential exposure to
disease.
(M) Any input from concessioners and cooperating
associations within the unit.
(2) Units of national park system that have previously
eliminated sale water in disposable plastic bottles.--With
respect to a unit of the National Park System that does not
offer for sale water in disposable plastic bottles on the date
prior to the date of the enactment of this Act, the
superintendent of such unit may continue to not offer for sale
water in disposable plastic bottles if such superintendent, not
later than 180 days after the date of the enactment of this
Act, submits to the regional director of such unit an
evaluation that analyzes and addresses the factors listed in
subparagraphs (A) through (M) of paragraph (1).
(c) Proactive Visitor Education Strategy.--Each regional director
concerned shall develop for such unit of the National Park System a
proactive visitor education strategy that addresses visitor
expectations of water availability and explains the rationale for the
program for recycling and reduction of disposable plastic bottles
established under subsection (a) and implemented in such unit.
(d) Continuity Within Unit of the National Park System.--Each
regional director concerned shall, to the extent possible, implement
the program for recycling and reduction of disposable plastic bottles
established under subsection (a) in a manner that is consistent
throughout such unit of the National Park System, including
incorporation of such program into any agreement with an organization
operating within the unit, including a concessioner operating plan and
cooperating association scope of sales.
(e) Bi-Annual Evaluation.--Each regional director concerned shall,
not less than once every 2 years--
(1) conduct an evaluation of the program for recycling and
reduction of disposable plastic bottles established under
subsection (a) for such unit of the National Park System,
including--
(A) public response to the program;
(B) visitor satisfaction with the availability of
water;
(C) buying behavior with respect to products sold
in disposable plastic bottles;
(D) public safety including information on cases of
dehydration or exposure to disease from drinking from
surface water; and
(E) disposable plastic bottle collection rates; and
(2) submit such evaluation to the Director of the National
Park Service and the Secretary of the Interior.
(f) Definition of Regional Director Concerned.--For the purposes of
this section, the term ``regional director concerned'' means, with
respect to a unit of the National Park System, the regional director of
the region of the National Park System in which such unit is located,
working in coordination with the superintendent of such unit. | Reducing Waste in National Parks Act This bill directs each regional director of a region of the National Park System (NPS) to establish a program to recycle and reduce the use of disposable plastic bottles within each NPS unit located in its region. Regional directors may eliminate the sale of water in disposable plastic bottles within their NPS units after having considered several specified factors. Where an NPS unit is not offering water for sale in disposable plastic bottles, the superintendent of the unit may continue that practice, upon submission of an evaluation of those factors. Each regional director who establishes and implements such a program shall develop for each affected NPS unit a proactive visitor education strategy to address visitor expectations of water availability and explain the rationale for the program. | {"src": "billsum_train", "title": "Reducing Waste in National Parks Act"} | 953 | 158 | 0.633996 | 1.911341 | 0.71517 | 2.314685 | 6.496503 | 0.762238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Educational Rights and
Privacy Act Amendments of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Federal authorities charged with examining the tragic
shootings at Virginia Tech in April 2007 found that confusion
and overly-restrictive interpretations of Federal privacy laws,
State medical confidentiality laws, and regulations
unnecessarily impede the effective transfer of information that
could prove useful in averting tragedies. Some school
administrators are unaware of exceptions to Federal privacy
laws that could allow relevant information about a student's
mental health to be appropriately shared.
(2) The purpose of this Act is to eliminate ambiguity in
Federal education privacy law to ensure that the Family
Educational Rights and Privacy Act of 1974 (FERPA) is not
interpreted as prohibiting information sharing between on-
campus and off-campus health care providers when both are
involved in treating a student. Such ``consults'' are generally
permitted by State medical confidentiality law, and FERPA
should not be interpreted as posing an additional obstacle. The
Virginia Tech Review Panel recommended that changes to ``FERPA
should explicitly explain how it applies to medical records
held for treatment purposes''. The panel reported that
misinterpretation of how student treatment records are handled
under FERPA as the main source of confusion. FERPA protects the
privacy of both student education records and student treatment
records from being disclosed generally.
(3) The Virginia Tech Review Panel recommended that Federal
privacy laws should be amended to include ``safe harbor''
provisions that would insulate a person or organization from
the loss of Federal education funding for making a disclosure
with a good faith belief that the disclosure was necessary to
protect the health or safety of a student or member of the
public at large. The Commission further recommended that the
Federal Educational Rights and Privacy Act of 1974 (FERPA) be
amended to clarify the ability of educational institutions to
disclose information in emergency situations and to facilitate
treatment of students at off-campus facilities.
(4) Mental disorders frequently begin during youth.
Research supported by the National Institute of Mental Health
found that half of all lifetime cases of mental illness begin
by age 14; three quarters have begun by age 24.
(5) In 2004, the Centers for Disease Control and Prevention
reported 4,316 suicides among young adults aged 15-24, making
it the third leading cause of death in this age group. There
were an additional 5,074 suicides among those aged 25-34,
making it the second leading cause of death in this age group.
(6) Depression, mental illness, and suicide are problems on
college campuses. In 2006, 44 percent of college students
reported feeling so depressed it was difficult to function and
9 percent seriously considered suicide, according to a 2006
national survey conducted by the American College Health
Association.
(7) While most people in the United States with a mental
disorder eventually seek treatment, a National Institute of
Mental Health study found pervasive and lengthy delays in
getting treatment, with the median delay across disorders being
nearly a decade. Over a 12-month period, 60 percent of those
with a mental disorder got no treatment at all.
(8) A 2006 survey sponsored by the American College
Counseling Association found that 9 percent of enrolled
students sought counseling last year and 92 percent of
counseling center directors reported an increase in the number
of students with severe psychological disorders.
(9) Recent events, including the campus shootings at the
Virginia Tech and Northern Illinois universities, have further
highlighted the deadly problems of mental illness and violence
in American schools. The Northern Illinois shooting resulted in
6 deaths while the Virginia Tech killings left 32 people dead,
making it the most lethal school shooting in United States
history.
SEC. 3. STUDENT HEALTH RECORDS.
The Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1232g) is amended by adding at the end the following:
``(k) Consultation With Off Campus Medical Professionals.--Nothing
in this section shall prohibit a physician, psychiatrist, psychologist,
or other recognized healthcare professional or paraprofessional acting
in the individual's professional or paraprofessional capacity, or
assisting in that capacity, from consulting with or disclosing records
described in subsection (a)(4)(B)(iv) with respect to a student, to a
physician, psychiatrist, psychologist, or other recognized healthcare
professional or paraprofessional acting in the individual's
professional or paraprofessional capacity, or assisting in that
capacity, outside the educational agency or institution in connection
with the provision of treatment to the student.''.
SEC. 4. SAFE HARBOR PROVISION.
The Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1232g) is amended in subsection (f) by adding at the end the following:
``The release by an educational agency or institution of education
records or personally identifiable information contained in such
records in the good faith belief that such release is necessary to
protect against a potential threat to the health or safety of the
student or other persons, shall not be deemed a failure to comply with
this section regardless of whether it is subsequently determined that
the specified conditions for such release did not exist.''.
SEC. 5. EMERGENCY EXCEPTION AMENDMENT.
The Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1232g) is amended in subsection (b)(1)(I) by striking ``is necessary''
and all that follows and inserting ``is necessary, according to the
good faith belief of the educational agency or institution or persons
to whom such disclosure is made, to protect against a potential threat
to the health or safety of the student or other persons; and''. | Family Educational Rights and Privacy Act Amendments of 2008 - Amends the Family Educational Rights and Privacy Act of 1974 to declare that nothing in the Act prohibits a physician, psychiatrist, psychologist, or other healthcare professional or paraprofessional from consulting with or disclosing treatment records on a student who is 18 years old or older or who is attending a postsecondary educational institution to a healthcare professional or paraprofessional outside the educational institution in connection with the provision of treatment to the student.
Prohibits deeming the release by an educational institution of education records or related personally identifiable information, in the good faith belief that such release is necessary to protect against a threat to the health or safety of the student or other persons, to be a failure to comply with the Act regardless of whether it is subsequently determined that the specified conditions for such release did not exist.
Allows the release of education records to appropriate persons in an emergency if the knowledge of that information is necessary, according to the good faith belief of the educational institution or persons to whom the disclosure is made, to protect the health or safety of the student or other persons. | {"src": "billsum_train", "title": "A bill to amend the Family Educational Rights and Privacy Act of 1974 to clarify limits on disclosure of student health records, and for other purposes."} | 1,221 | 237 | 0.478447 | 1.519886 | 0.684962 | 4.976526 | 5.488263 | 0.910798 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Science and
Technology Innovation Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REAUTHORIZATION OF PROGRAMS
Sec. 101. Extension of SBIR and STTR Programs.
TITLE II--FEDERAL INNOVATIONS INVESTMENTS
Sec. 201. SBIR cap increase.
Sec. 202. STTR cap increase.
Sec. 203. Adjustments in SBIR and STTR award levels.
Sec. 204. Majority equity investment in SBIR and STTR firms.
TITLE III--UTILIZATION SUPPORT
Sec. 301. Agency databases to support program evaluation.
Sec. 302. Agency databases to support technology utilization.
Sec. 303. Interagency Policy Committee.
TITLE IV--OUTREACH AND TECHNICAL ASSISTANCE
Sec. 401. Use of program funds for administrative costs.
Sec. 402. SBIR discretionary technical assistance.
TITLE V--IMPLEMENTATION
Sec. 501. Conforming amendments to the SBIR and STTR policy directives.
Sec. 502. National Research Council SBIR Study.
TITLE I--REAUTHORIZATION OF PROGRAMS
SEC. 101. EXTENSION OF SBIR AND STTR PROGRAMS.
(a) SBIR Program.--Section 9(m) of the Small Business Act (15
U.S.C. 638(m)) is amended by striking ``2008'' and inserting ``2010''.
(b) STTR Program.--Section 9(n)(1)(A) of the Small Business Act (15
U.S.C. 638(n)(1)(A)) is amended by striking ``2009'' and inserting
``2010''.
TITLE II--FEDERAL INNOVATIONS INVESTMENTS
SEC. 201. SBIR CAP INCREASE.
Section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) is
amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking ``each fiscal year
thereafter,'' and inserting ``each of fiscal years 1997 through
2008; and''; and
(3) by adding after subparagraph (C) the following new
subparagraph:
``(D) not less than 3 percent in fiscal year 2009
and each fiscal year thereafter,''.
SEC. 202. STTR CAP INCREASE.
Section 9(n)(1)(B) of the Small Business Act (15 U.S.C.
638(n)(1)(B)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking ``fiscal year 2004 and each
fiscal year thereafter.'' and inserting ``each of fiscal years
2004 through 2008; and''; and
(3) by adding after clause (ii) the following new clause:
``(iii) 0.6 percent for fiscal year 2009
and each fiscal year thereafter.''.
SEC. 203. ADJUSTMENTS IN SBIR AND STTR AWARD LEVELS.
(a) SBIR Adjustments.--Section 9(j)(2)(D) of the Small Business Act
(15 U.S.C. 638(j)(2)(D)) is amended--
(1) by striking ``$100,000'' and inserting ``$300,000'';
and
(2) by striking ``$750,000'' and inserting ``$2,200,000''.
(b) STTR Adjustments.--Section 9(p)(2)(B)(ix) of the Small Business
Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended--
(1) by striking ``$100,000'' and inserting ``$300,000'';
and
(2) by striking ``$750,000'' and inserting ``$2,200,000''.
(c) Annual Adjustments.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--
(1) in subsection (j)(2)(D), by striking ``and an
adjustment of such amounts once every 5 years to reflect
economic adjustments and programmatic considerations'' and
inserting ``and a mandatory annual adjustment of such amounts
to reflect economic adjustments and programmatic
considerations''; and
(2) in subsection (p)(2)(B)(ix), by striking ``greater or
lesser amounts'' and inserting ``with a mandatory annual
adjustment of such amounts to reflect economic adjustments and
programmatic considerations, and with lesser amounts''.
(d) Limitation on Certain Awards.--Section 9 of the Small Business
Act (15 U.S.C. 638) is amended by adding at the end the following:
``(z) Limitation on Phase I and II Awards.--No Federal agency shall
issue an award under the SBIR program or the STTR program if the size
of the award exceeds the amounts established under subsections
(j)(2)(D) and (p)(2)(B)(ix).
``(aa) Subsequent Phases.--
``(1) In general.--A small business concern which received
an award from a Federal agency under this section shall be
eligible to receive an award for a subsequent phase from
another Federal agency, if the head of each relevant Federal
agency makes a written determination that the topics of the
relevant awards are the same.
``(2) Crossover between programs.--A small business concern
which received an award under this section under the SBIR
program or the STTR program may, at the discretion of the
granting agency, receive an award under this section for a
subsequent phase in either the SBIR program or the STTR
program.
``(3) Phase ii sbir applications.--An agency may permit an
applicant to apply directly for a Phase II award, as described
in subsection (e)(4)(B), without first completing a Phase I
award, as described in subsection (e)(4)(A), if the applicant
can demonstrate that project feasibility was achieved without
SBIR or other Federal funding.
``(4) Phase ii sttr applications.--An agency may permit an
applicant to submit proposals for Phase II awards, as described
in subsection (e)(6)(B), without first completing a Phase I
award, as described in subsection (e)(6)(A), if the applicant
can demonstrate it has accomplished Phase I through cooperative
research and development achieved without STTR or other Federal
funding.
``(bb) Waiver of Minimum Work Requirement.--A Federal agency making
an SBIR or STTR award under this section may waive the minimum small
business concern or research institution work requirements under
subsection (e)(7) if the agency determines that to provide such waiver
would be consistent with the purposes of this section and consistent
with achieving the objectives of the award proposal.''.
SEC. 204. MAJORITY EQUITY INVESTMENT IN SBIR AND STTR FIRMS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this Act, is further amended by adding at the end the following:
``(cc) Majority Equity Investment in SBIR and STTR Firms.--
``(1) Qualification requirements.--No small business
concern shall be excluded from participation in the SBIR or
STTR program on the ground that such small business concern is
owned in majority part by more than 1 equity provider, except
that no single equity provider shall be permitted to own more
than 49 percent of such small business concern.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `equity provider' means a venture
capital operating company; and
``(B) the term `venture capital operating company'
means a business concern that--
``(i) is a venture capital operating
company, as that term is defined in regulations
promulgated by the Secretary of Labor under the
Employee Retirement Income Security Act of
1974;
``(ii) is registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-51 et seq.);
or
``(iii) is an investment company, as
defined in section 3(c)(14) of such Act (15
U.S.C. 80a-3(c)(14)), which is not registered
under such Act because it is beneficially owned
by less than 100 persons.''.
TITLE III--UTILIZATION SUPPORT
SEC. 301. AGENCY DATABASES TO SUPPORT PROGRAM EVALUATION.
Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) is
amended--
(1) in paragraph (2)(A)--
(A) by striking ``and'' at the end of clause (ii);
(B) by inserting ``and'' at the end of clause
(iii); and
(C) by adding at the end the following new clause:
``(iv) information on the ownership
structure of award recipients, both at the time
of receipt of the award and upon completion of
the award period;'';
(2) by amending paragraph (3) to read as follows:
``(3) Updating information for database.--
``(A) In general.--A Federal agency shall not make
a Phase I or Phase II payment to a small business
concern under this section unless the small business
concern has provided all information required under
this subsection with respect to the award under which
the payment is made, and with respect to any other
award under this section previously received by the
small business concern or a predecessor in interest to
the small business concern.
``(B) Apportionment.--In complying with this
paragraph, a small business concern may apportion sales
or additional investment information relating to more
than one second phase award among those awards, if it
notes the apportionment for each award.
``(C) Annual updates upon termination.--A small
business concern receiving an award under this section
shall--
``(i) in the case of a second phase award,
update information in the databases required
under paragraphs (2) and (6) concerning that
award at the termination of the award period;
``(ii) in the case of award recipients not
described in clause (iii), be requested to
voluntarily update such information annually
thereafter for a period of 5 years; and
``(iii) in the case of a small business
concern applying for a subsequent first phase
or second phase award, be required to update
such information annually thereafter for a
period of 5 years.''; and
(3) by adding at the end the following new paragraph:
``(6) Agency program evaluation databases.--Each Federal
agency required to establish an SBIR or STTR program under this
section shall develop and maintain, for the purpose of
evaluating such programs, a database containing information
required to be contained in the database under paragraph (2).
Each such database shall be designed to be accessible to other
agencies that are required to maintain a database under this
paragraph.''.
SEC. 302. AGENCY DATABASES TO SUPPORT TECHNOLOGY UTILIZATION.
Section 9(k) of the Small Business Act (15 U.S.C. 638(k)), as
amended by this Act, is further amended by adding at the end the
following new paragraph:
``(7) Agency databases to support technology utilization.--
Each Federal agency with an SBIR or STTR program shall create
and maintain a technology utilization database, which shall be
available to the public and shall contain data supplied by the
award recipients specifically to help them attract customers
for the products and services generated under the SBIR or STTR
project, and to attract additional investors and business
partners. Each database created under this paragraph shall
include information on the other databases created under this
paragraph by other Federal agencies. Participation in a
database under this paragraph shall be voluntary, except that
such participation is required of all award recipients who
received supplemental payments from SBIR and STTR program funds
above their initial Phase II award.''.
SEC. 303. INTERAGENCY POLICY COMMITTEE.
(a) Establishment.--The Director of the Office of Science and
Technology Policy shall establish an Interagency SBIR/STTR Policy
Committee comprised of one representative from each Federal agency with
an SBIR program.
(b) Cochairs.--The Director of the Office of Science and Technology
Policy and the Director of the National Institute of Standards and
Technology shall jointly chair the Interagency Policy Committee.
(c) Duties.--The Interagency Policy Committee shall review the
following issues and make policy recommendations on ways to improve
program effectiveness and efficiency:
(1) The public and government databases described in
section 9(k)(1) and (2) of the Small Business Act (15 U.S.C.
638(k)(1) and (2)).
(2) Federal agency flexibility in establishing Phase I and
II award sizes, and appropriate criteria to exercise such
flexibility.
(3) Commercialization assistance best practices in Federal
agencies with significant potential to be employed by other
agencies, and the appropriate steps to achieve that leverage,
as well as proposals for new initiatives to address funding
gaps business concerns face after Phase II but before
commercialization.
(d) Reports.--The Interagency Policy Committee shall transmit to
the Committee on Science and Technology and the Committee on Small
Business of the House of Representatives, and to the Committee on Small
Business and Entrepreneurship of the Senate--
(1) a report its review and recommendations under
subsection (c)(1) not later than 1 year after the date of
enactment of this Act;
(2) a report its review and recommendations under
subsection (c)(2) not later than 18 months after the date of
enactment of this Act; and
(3) a report its review and recommendations under
subsection (c)(3) not later than 2 years after the date of
enactment of this Act.
TITLE IV--OUTREACH AND TECHNICAL ASSISTANCE
SEC. 401. USE OF PROGRAM FUNDS FOR ADMINISTRATIVE COSTS.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
(1) in subsection (f)(2)(A), by striking ``any'' and
inserting ``more than 3.0 percent''; and
(2) in subsection (n)(2)(A), by striking ``any'' and
inserting ``more than 3.0 percent''.
SEC. 402. SBIR DISCRETIONARY TECHNICAL ASSISTANCE.
Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) is
amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (2)'' and inserting
``paragraph (2)(A), or another Federal agency under
paragraph (2)(B),'';
(B) by striking ``and'' at the end of subparagraph
(C);
(C) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(E) implementing manufacturing processes and
production strategies for utilization.'';
(2) by amending paragraph (2) to read as follows:
``(2) Assistance providers.--
``(A) Vendor selection.--Each agency may select a
vendor to assist small business concerns to meet the
goals listed in paragraph (1) for a term not to exceed
3 years. Such selection shall be competitive and shall
utilize merit-based criteria.
``(B) Interagency collaboration.--In addition, each
agency may enter into a collaborative agreement with
the technical extension or assistance programs of other
Federal agencies in order to provide the assistance
described in paragraph (1).''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``$4,000'' and
inserting ``$5,000''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) Second phase.--Each agency referred to in
paragraph (1) may provide directly, or authorize any
second phase SBIR award recipient to purchase with
funds available from their SBIR awards, services
described in paragraph (1), in an amount equal to not
more than $8,000 per year, per award.''.
TITLE V--IMPLEMENTATION
SEC. 501. CONFORMING AMENDMENTS TO THE SBIR AND STTR POLICY DIRECTIVES.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Small Business Administration shall promulgate
amendments to the SBIR and the STTR Policy Directives to conform such
directives to this Act and the amendments made by this Act.
SEC. 502. NATIONAL RESEARCH COUNCIL SBIR STUDY.
Section 108(d) of the Small Business Reauthorization Act of 2000 is
amended--
(1) by striking ``of the Senate'' and all that follows
through ``not later than 3'' and inserting ``of the Senate, not
later than 3''; and
(2) by striking ``; and'' and all that follows through
``update of such report''. | Science and Technology Innovation Act of 2008 - Amends the Small Business Act to: (1) extend through FY2010 the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs; (2) increase SBIR and STTR set-asides and award levels; (3) prohibit a small business from being excluded from SBIR or STTR program participation due to being owned by more than one equity provider, as long as no single equity provider owns more than 49% of such business; (4) require agency database updates in order to support SBIR and STTR program evaluation and technology utilization; (5) establish an Interagency SBIR/STTR Policy Committee; (6) allow federal agencies to use up to 3% of their SBIR funds for the payment of administrative costs; (7) allow SBIR technical assistance to include the implementation of manufacturing processes and production strategies for utilization; (8) allow federal agencies participating in the SBIR program to enter into agreements with the technical extension or assistance programs of other federal agencies in order to provide small business technical assistance; and (9) increase expenditure limits for the provision of such technical assistance. | {"src": "billsum_train", "title": "To reauthorize the Small Business Innovation Research (SBIR) Program and the Small Business Technology Transfer (STTR) Program, and for other purposes."} | 3,911 | 234 | 0.694713 | 2.036206 | 0.744377 | 2.359091 | 15.222727 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Benefits Protection Act''.
SEC. 2. REPEAL OF AUTHORITY FOR AGENT OR ATTORNEY REPRESENTATION IN
VETERANS BENEFITS CASES BEFORE THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Repeal.--Title 38, United States Code, is amended--
(1) in section 5904--
(A) in subsection (a)--
(i) by striking ``(1) Except as provided in
paragraph (4), the Secretary'' and inserting
``The Secretary'';
(ii) by striking paragraphs (2) through
(6); and
(iii) by inserting after the period at the
end the following new sentence: ``The Secretary
may require that individuals, before being
recognized under this section, show that they
are of good moral character and in good repute,
are qualified to render claimants valuable
service, and otherwise are competent to assist
claimants in presenting claims.''; and
(B) in subsection (b)--
(i) by striking paragraphs (6) through (9);
(ii) in paragraph (4), by inserting ``or''
after the semicolon; and
(iii) in paragraph (5), by striking the
semicolon and inserting a period;
(2) in section 5902(b)--
(A) by striking ``(1)'';
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(3) in section 5903--
(A) by striking subsection (b); and
(B) by striking ``(a) In General--''.
(b) Repeal of Modification of Date for Commencement of Services.--
(1) In general.--Effective as provided in paragraph (2),
subsection (c) of section 5904 of such title is amended--
(A) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3);
(B) in paragraph (1)--
(i) by striking ``a notice of disagreement
is filed with respect to'' and inserting ``the
Board of Veterans' Appeals first makes a final
decision in'';
(ii) by inserting after ``in the case.''
the following new sentence: ``Such a fee may be
charged, allowed, or paid in the case of
services provided after such date only if an
agent or attorney is retained with respect to
such case before the end of the one-year period
beginning on that date.'';
(iii) in the last sentence, by striking
``fees charged, allowed, or paid for''; and
(iv) by striking ``paragraph (4)'' and
inserting ``paragraph (3)''; and
(C) in paragraph (2)--
(i) by striking ``after a notice of
disagreement is filed with respect to the
case'' and inserting ``after the Board first
makes a final decision in the case'';
(ii) by striking ``with the Secretary
pursuant to regulations prescribed by the
Secretary'' and inserting ``with the Board at
such time as may be specified by the Board'';
and
(iii) by adding at the end the following
new sentences: ``The Board, upon its own motion
or the request of either party, may review such
a fee agreement and may order a reduction in
the fee called for in the agreement if the
Board finds that the fee is excessive or
unreasonable. A finding or order of the Board
under the preceding sentence may be reviewed by
the United States Court of Appeals for Veterans
Claims under section 7263(d) of this title.''
(c) Repeal of Repeal of Penalty.--Section 5905 is amended by
inserting after ``Whoever'' the following: ``(1) directly or indirectly
solicits, contracts for, charges, or receives, or attempts to solicit,
contract for, charge, or receive, any fee or compensation except as
provided in sections 5904 or 1984 of this title, or (2)''.
(d) Conforming Repeals.--Section 101 of the Veterans Benefits,
Health Care, and Information Technology Act of 2006 (Public Law 109-
461) is amended--
(1) in subsection (c), by striking paragraph (2); and
(2) by striking subsections (h) and (i). | Veterans' Benefits Protection Act - Repeals the authority of the Secretary of Veterans Affairs to prescribe qualifications and standards of, and to set fees charged by, agents or attorneys representing veterans in claims before the Department of Veterans Affairs (VA). Authorizes the Secretary to require that such individuals show that they are of good moral character, and qualified and competent to assist claimants. Removes some instances under which the Secretary may suspend or exclude an agent or attorney from such representation.
Repeals the Secretary's authority to review and order a reduction in the fee charged to a claimant by an agent or attorney.
Imposes fines and criminal penalties for soliciting, contracting for, charging, or receiving any part of a benefit or claim allowed to a claimant (or attempting such acts). | {"src": "billsum_train", "title": "To amend title 38, United States Code, to repeal the authority for agent or attorney representation in veterans benefits cases before the Department of Veterans Affairs."} | 1,012 | 169 | 0.532688 | 1.36945 | 0.686983 | 1.630872 | 6.302013 | 0.771812 |
s on the Budget.--Section
301(a) of the Congressional Budget Act of 1974 is amended by
redesignating paragraphs (6) and (7) as paragraphs (7) and (8),
respectively, and by inserting after paragraph (5) the following new
paragraph:
``(6) the receipts, outlays, and surplus or deficit in the
Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund, combined, established
by title II of the Social Security Act;''.
(c) Super Majority Requirement.--
(1) Section 904(c)(1) of the Congressional Budget Act of
1974 is amended by inserting ``312(g),'' after ``310(d)(2),''.
(2) Section 904(d)(2) of the Congressional Budget Act of
1974 is amended by inserting ``312(g),'' after ``310(d)(2),''.
SEC. 5. PROTECTION OF MEDICARE.
(a) Points of Order to Protect Medicare.--
(1) Section 301 of the Congressional Budget Act of 1974 is
amended by adding at the end the following new subsection:
``(j) Point of Order To Protect Medicare.--
``(1) In general.--It shall not be in order in the House of
Representatives or the Senate to consider any concurrent
resolution on the budget (or amendment, motion, or conference
report on the resolution) that would decrease the on-budget
surplus for the total of the period of fiscal years 2000
through 2009 below the level of the medicare surplus reserve
for those fiscal years as calculated in accordance with section
3(11).
``(2) Inapplicability.--This subsection shall not apply to
legislation that--
``(A) appropriates a portion of the medicare
reserve for new amounts for prescription drug benefits
under the medicare program as part of or subsequent to
legislation extending the solvency of the Medicare
Hospital Insurance Trust Fund; or
``(B) appropriates new amounts from the general
fund to the Medicare Hospital Insurance Trust Fund.''.
(2) Section 311(a) of the Congressional Budget Act of 1974
is amended by adding at the end the following:
``(4) Enforcement of the medicare surplus reserve.--
``(A) In general.--It shall not be in order in the
House of Representatives or the Senate to consider any
bill, joint resolution, amendment, motion, or
conference report that together with associated
interest costs would decrease the on-budget surplus for
the total of the period of fiscal years 2000 through
2009 below the level of the medicare surplus reserve
for those fiscal years as calculated in accordance with
section 3(11).
``(B) Inapplicability.--This paragraph shall not
apply to legislation that--
``(i) appropriates a portion of the
medicare reserve for new amounts for
prescription drug benefits under the medicare
program as part of or subsequent to legislation
extending the solvency of the Medicare Hospital
Insurance Trust Fund; or
``(ii) appropriates new amounts from the
general fund to the Medicare Hospital Insurance
Trust Fund.''.
(b) Definition.--Section 3 of the Congressional Budget Act of 1974
is amended by adding at the end the following:
``(11) The term `Medicare surplus reserve' means \1/3\ of
any on-budget surplus for the total of the period of the fiscal
years 2000 through 2009, as estimated by the Congressional
Budget Office in the most recent initial report for a fiscal
year pursuant to section 202(e).''.
(c) Super Majority Requirement.--
(1) Section 904(c)(2) of the Congressional Budget Act of
1974 is amended by inserting ``301(j),'' after ``301(i),''.
(2) Section 904(d)(3) of the Congressional Budget Act of
1974 is amended by inserting ``301(j),'' after ``301(i),''.
SEC. 6. EXTENSION OF DISCRETIONARY SPENDING LIMITS.
(a) Extension of Limits.--Section 215(b)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended, in the matter
before subparagraph (A), by striking ``2002'' and inserting ``2014''.
(b) Extension of Amounts.--Section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by striking
paragraphs (4), (5), (6), and (7), and inserting the following:
``(4) with respect to fiscal year 2000--
``(A) for the discretionary category:
$535,368,000,000 in new budget authority and
$543,257,000,000 in outlays;
``(B) for the highway category: $24,574,000,000 in
outlays;
``(C) for the mass transit category: $4,117,000,000
in outlays; and
``(D) for the violent crime reduction category:
$4,500,000,000 in new budget authority and
$5,564,000,000 in outlays;
``(5) with respect to fiscal year 2001--
``(A) for the discretionary category:
$573,004,000,000 in new budget authority and
$564,931,000,000 in outlays;
``(B) for the highway category: $26,234,000,000 in
outlays; and
``(C) for the mass transit category: $4,888,000,000
in outlays;
``(6) with respect to fiscal year 2002--
``(A) for the discretionary category:
$584,754,000,000 in new budget authority and
$582,516,000,000 in outlays;
``(B) for the highway category: $26,655,000,000 in
outlays; and
``(C) for the mass transit category: $5,384,000,000
in outlays;
``(7) with respect to fiscal year 2003--
``(A) for the discretionary category:
$590,800,000,000 in new budget authority and
$587,642,000,000 in outlays;
``(B) for the highway category: $27,041,000,000 in
outlays; and
``(C) for the mass transit category: $6,124,000,000
in outlays;
``(8) with respect to fiscal year 2004, for the
discretionary category: $604,319,000,000 in the new budget
authority and $634,039,000,000 in outlays;
``(9) with respect to fiscal year 2005, for the
discretionary category: $616,496,000,000 in new budget
authority and $653,530,000,000 in outlays;
``(10) with respect to fiscal year 2006, for the
discretionary category: $630,722,000,000 in new budget
authority and $671,530,000,000 in outlays;
``(11) with respect to fiscal year 2007, for the
discretionary category: $644,525,000,000 in new budget
authority and $687,532,000,000 in outlays;
``(12) with respect to fiscal year 2008, for the
discretionary category: $663,611,000,000 in the new budget
authority and $704,534,000,000 in outlays; and
``(13) with respect to fiscal year 2009, for the
discretionary category: $678,019,000,000 in new budget
authority and $721,215,000,000 in outlays;
as adjusted in strict conformance with subsection (b). With respect to
fiscal year 2010 and each fiscal year thereafter, the term
`discretionary spending limit' means, for the discretionary category,
the baseline amount calculated pursuant to the requirements of section
257(c), as adjusted in strict conformance with subsection(b).''.
SEC. 7. EXTENSION AND CLARIFICATION OF PAY-AS-YOU-GO REQUIREMENT.
Section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in subsection (a), by striking ``October 1, 2002'' and
inserting ``October 1, 2014'' and by inserting ``or decreases
the surplus'' after ``increases the deficit'';
(2)(A) in subsection (b)(1), by striking ``October 1,
2002'' and inserting ``October 1, 2014'' and by inserting ``or
any net surplus decrease'' after ``any net deficit increase'';
(B) in subsection (b)(2)--
(i) in the side heading, by inserting ``or surplus
decrease'' after ``deficit increase'';
(ii) in the matter before subparagraph (A), by
inserting ``or surplus'' after ``deficit''; and
(iii) in subparagraph (C), by inserting ``or
surplus'' after ``net deficit''; and
(C) in the heading of subsection (c), by inserting ``or
Surplus'' after ``Deficit Increase''.
SEC. 8. EXTENSION OF BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT.
Section 275(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by striking ``September 30, 2002'' and inserting
``September 30, 2014'' and by striking ``September 30, 2006'' and
inserting ``September 30, 2018''.
SEC. 9 EXTENSION OF SOCIAL SECURITY FIREWALL IN CONGRESSIONAL BUDGET
ACT.
Section 904(e) of the Congressional Budget Act of 1974 is amended
by striking ``September 30, 2002'' and inserting ``September 30,
2014''.
SEC. 10. PROTECTION OF SOCIAL SECURITY INTEREST SAVINGS TRANSFERS.
(a) Definition of Deficit and Surplus Under Budget Enforcement
Act.--Section 250(c)(1) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by inserting ``surplus'' before ``and
`deficit'''.
(b) Reduction or Reversal of Social Security Transfers not To Be
Counted As Pay-As-You-Go Offset.--Any legislation that would reduce,
reverse, or repeal the transfers to the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust Fund
made by section 201(n) of the Social Security Act (as added by section
3 of this Act) shall not be counted on the pay-as-you-go scorecard and
shall not be included in any pay-as-you-go estimates made by the
Congressional Budget Office of the Office or the Office of Management
and Budget under section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(c) Conforming Changes.--Section 252(d)(4) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by--
(1) striking ``and'' at the end of subparagraph (A);
(2) striking the period at the end of subparagraph (B) and
inserting ``; and''; and
(3) adding at the end the following new subparagraph:
``(C) provisions that reduce, reverse, or repeal
transfers under section 201(n) of the Social Security
Act.''.
SEC. 11. CONFORMING CHANGES.
(a) Reports.--Section 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(1) in subsection (c)(3)--
(A) in subparagraph (A), by inserting ``or
surplus'' after ``deficits'';
(B) in subparagraph (B), by inserting ``or
surplus'' after ``deficits''; and
(C) in subparagraph (C) by inserting ``or surplus
decrease'' after ``deficit increase'';
(2) in subsection (f)(4), by inserting `'or surplus'' after
``deficit''; and
(3) in subsection (f)(2)(A), by striking ``2002'' and
inserting ``2009''.
(b) Orders.--The first sentence of section 258A(a) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended by
inserting ``or increase the surplus'' after ``deficit''.
(c) Process.--Section 258(C)(a) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in paragraph (2), by inserting ``or surplus increase''
after ``deficit reduction'';
(2) in paragraph (3), by inserting ``or increase in the
surplus'' after ``reduction in the deficit''; and
(3) in paragraph (4), by inserting ``or surplus increase''
after deficit reductions''. | Amends the Congressional Budget Act of 1974 to make it out of order in Congress to consider any budget resolution that would: (1) set forth an on-budget deficit for any fiscal year; or (2) decrease the on-budget surplus below a level of Medicare surplus reserve determined according to a certain formula, except for any portion of such reserve appropriated in new amounts for Medicare prescription drug benefits, or to the Medicare Hospital Insurance Trust Fund.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings Act) to extend: (1) discretionary spending limits in specified amounts; (2) the pay-as-you-go requirement; (3) the Act itself; and (4) the Social Security firewall.
Declares that any legislation that would reduce, reverse, or repeal the transfers to the Trust Funds made by this Act shall not be counted on the pay-as-you-go scorecard and shall not be included in any pay- as-you-go estimates of the Congressional Budget Office or the Office of Management and Budget under the Gramm-Rudman-Hollings Act. | {"src": "billsum_train", "title": "Strengthen Social Security and Medicare Act of 1999"} | 2,852 | 243 | 0.574424 | 1.546355 | 0.781095 | 4.104072 | 11.135747 | 0.873303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthen AmeriCorps Program Act''.
SEC. 2. PROCESS OF APPROVAL OF NATIONAL SERVICE POSITIONS.
(a) Definitions.--In this Act, the terms ``approved national
service position'' and ``Corporation'' have the meanings given the
terms in section 101 of the National and Community Service Act of 1990
(42 U.S.C. 12511).
(b) Timing and Recording Requirements.--
(1) In general.--Notwithstanding subtitles C and D of title I
of the National and Community Service Act of 1990 (42 U.S.C. 12571
et seq., 12601 et seq.), and any other provision of law, in
approving a position as an approved national service position, the
Corporation--
(A) shall approve the position at the time the
Corporation--
(i) enters into an enforceable agreement with an
individual participant to serve in a program carried out
under subtitle E of title I of that Act (42 U.S.C. 12611 et
seq.) or title I of the Domestic Volunteer Service Act of
1973 (42 U.S.C. 4951 et seq.); or
(ii) except as provided in clause (i), awards a grant
to (or enters into a contract or cooperative agreement
with) an entity to carry out a program for which such a
position may be approved under section 123 of the National
and Community Service Act of 1990 (42 U.S.C. 12573); and
(B) shall record as an obligation an estimate of the net
present value of the national service educational award
associated with the position, based on a formula that takes
into consideration historical rates of enrollment in such a
program, and of earning and using national service educational
awards for such a program.
(2) Formula.--In determining the formula described in paragraph
(1)(B), the Corporation shall consult with the Director of the
Congressional Budget Office.
(3) Certification report.--The Chief Executive Officer of the
Corporation shall annually prepare and submit to Congress a report
that contains a certification that the Corporation is in compliance
with the requirements of paragraph (1).
(4) Approval.--The requirements of this subsection shall apply
to each approved national service position that the Corporation
approves--
(A) during fiscal year 2003 (before or after the date of
enactment of this Act); and
(B) during any subsequent fiscal year.
(c) Reserve Account.--
(1) Establishment and contents.--
(A) Establishment.--Notwithstanding subtitles C and D of
title I of the National and Community Service Act of 1990 (42
U.S.C. 12571 et seq., 12601 et seq.), and any other provision
of law, within the National Service Trust established under
section 145 of the National and Community Service Act of 1990
(42 U.S.C. 12601), the Corporation shall establish a reserve
account.
(B) Contents.--To ensure the availability of adequate funds
to support the awards of approved national service positions
for each fiscal year, the Corporation shall place in the
account--
(i) during fiscal year 2003, a portion of the funds
that were appropriated for fiscal year 2003 or a previous
fiscal year under section 501(a)(2) (42 U.S.C.
12681(a)(2)), were made available to carry out subtitle C
or D of title I of that Act, and remain available; and
(ii) during fiscal year 2004 or a subsequent fiscal
year, a portion of the funds that were appropriated for
that fiscal year under section 501(a)(2) and were made
available to carry out subtitle C or D of title I of that
Act.
(2) Obligation.--The Corporation shall not obligate the funds
in the reserve account until the Corporation--
(A) determines that the funds will not be needed for the
payment of national service educational awards associated with
previously approved national service positions; or
(B) obligates the funds for the payment of such awards for
such previously approved national service positions.
(d) Audits.--The accounts of the Corporation relating to the
appropriated funds for approved national service positions, and the
records demonstrating the manner in which the Corporation has recorded
estimates described in subsection (b)(1)(B) as obligations, shall be
audited annually by independent certified public accountants or
independent licensed public accountants certified or licensed by a
regulatory authority of a State or other political subdivision of the
United States in accordance with generally accepted auditing standards.
A report containing the results of each such independent audit shall be
included in the annual report required by subsection (b)(3).
(e) Availability of Amounts.--Except as provided in subsection (c),
all amounts included in the National Service Trust under paragraphs
(1), (2), and (3) of section 145(a) of the National and Community
Service Act of 1990 (42 U.S.C. 12601(a)) shall be available for
payments of national service educational awards under section 148 of
that Act (42 U.S.C. 12604).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Strengthen AmeriCorps Program Act - Revises the manner in which the Corporation for National and Community Service (Corporation) approves, and records obligations relating to, national service positions (positions) under the National and Community Service Act of 1990 (NCSA) and the Domestic Volunteer Service Act of 1973 (DVSA). Directs the Corporation to approve a position at the time it: (1) enters into an enforceable agreement with an individual participant to serve in the Civilian Community Corps (under NCSA) or Volunteers in Service to America (VISTA) program (under DVSA); or (2) awards a grant to or enters into a contract or cooperative agreement with an entity to carry out a program for which such a national service position may be approved under NCSA. Requires the Corporation to record as an obligation an estimate of the net present value of the national service educational award associated with the position, based on a formula, determined in consultation with the Director of the Congressional Budget Office, that takes into consideration historical rates of enrollment in, and of earning and using such awards for, such a program. Directs the Chief Executive Officer of the Corporation to report annually and certify to Congress that the Corporation is in compliance with this Act's requirements for position approval and obligation recording.Applies such requirements to each position that the Corporation approves: (1) during FY 2003 (before or after the date of enactment of this Act); and (2) during any subsequent fiscal year.Directs the Corporation to establish a reserve account within the National Service Trust and, to ensure the availability of adequate funds to support the awards of approved positions for each fiscal year, place into such account: (1) during FY 2003, a portion of the funds that were appropriated for FY 2003, or that remain available from a previous fiscal year, to carry out specified national service programs; and (2) during FY 2004 or a subsequent fiscal year, a portion of the funds that were appropriated for that fiscal year and made available to carry out such programs. Prohibits the Corporation from obligating reserve account funds until it: (1) determines that such funds will not be needed to pay awards associated with previously approved national service positions; or (2) obligates the funds to pay such awards for such previously approved positions.Requires annual independent audits of Corporation accounts relating to the appropriated funds for approved positions and the records demonstrating the manner in which the Corporation has recorded estimates as obligations.Requires, with a specified exception, all amounts included in the National Service Trust to be available for payments of national service educational awards under NCSA. | {"src": "billsum_train", "title": "A bill to improve the manner in which the Corporation for National and Community Service approves, and records obligations relating to, national service positions."} | 1,177 | 561 | 0.65825 | 2.257541 | 0.905922 | 4.161034 | 2.029821 | 0.904573 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haskell Indian Nations University
Administrative Systems Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the provision of culturally sensitive curricula for
higher education programs at Haskell Indian Nations University
is consistent with the commitment of the Federal Government to
the fulfillment of treaty obligations to Indian tribes through
the principle of self-determination and the use of Federal
resources; and
(2) giving a greater degree of autonomy to Haskell Indian
Nations University, while maintaining it as an integral part of
the Bureau of Indian Affairs, will facilitate the transition of
the university to a 4-year university.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) University.--The term ``Haskell Indian Nations
University'' or ``university'' means the Haskell Indian Nations
University, located in Lawrence, Kansas.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. PERSONNEL MANAGEMENT.
(a) Inapplicability of Certain Civil Service Laws.--Chapters 51,
53, and 63 of title 5, United States Code (relating to classification,
pay, and leave, respectively) and the provisions of such title relating
to the appointment, performance evaluation, promotion, and removal of
civil service employees shall not apply to applicants for employment
with, employees of, or positions in or under the university.
(b) Alternative Personnel Management Provisions.--
(1) In general.--The president of the university shall by
regulation prescribe such personnel management provisions as
may be necessary, in order to ensure the effective
administration of the university, to replace the provisions of
law that are inapplicable with respect to the university by
reason of subsection (a).
(2) Procedural requirements.--Regulations under this
subsection--
(A) shall be prescribed in consultation with the
board of regents of the university and other
appropriate representative bodies;
(B) shall be subject to the requirements of
subsections (b) through (e) of section 553 of title 5,
United States Code; and
(C) shall not take effect except with the prior
written approval of the Secretary.
(c) Specific Substantive Requirements.--Under the regulations--
(1) no rate of basic pay may, at any time, exceed--
(A) in the case of an employee who would otherwise
be subject to the General Schedule, the maximum rate of
basic pay then currently payable for grade GS-15 of the
General Schedule (including any amount payable under
section 5304 of title 5, United States Code, or other
similar authority for the locality involved); or
(B) in the case of an employee who would otherwise
be subject to subchapter IV of chapter 53 of title 5,
United States Code (relating to prevailing rate
systems), the maximum rate of basic pay which (but for
this section) would then otherwise be currently payable
under the wage schedule covering such employee;
(2) the limitation under section 5307 of title 5, United
States Code (relating to limitation on certain payments) shall
apply, subject to such definitional and other modifications as
may be necessary in the context of the alternative personnel
management provisions established under this section;
(3) procedures shall be established for the rapid and
equitable resolution of grievances;
(4) no university employee may be discharged without notice
of the reasons therefor and opportunity for a hearing under
procedures that comport with the requirements of due process,
except that this paragraph shall not apply in the case of an
employee serving a probationary or trial period under an
initial appointment; and
(5) university employees serving for a period specified in
or determinable under an employment agreement shall, except as
otherwise provided in the agreement, be notified at least 30
days before the end of such period as to whether their
employment agreement will be renewed.
(d) Rule of Construction.--Nothing in this section shall be
considered to affect--
(1) the applicability of any provision of law providing
for--
(A) equal employment opportunity;
(B) Indian preference; or
(C) veterans' preference; or
(2) the eligibility of any individual to participate in any
retirement system, any program under which any health insurance
or life insurance is afforded, or any program under which
unemployment benefits are afforded, with respect to Federal
employees.
(e) Labor-Management Provisions.--
(1) Collective-bargaining agreements.--Any collective-
bargaining agreement in effect on the day before the effective
date specified under subsection (f)(1) shall continue to be
recognized by the university until altered or amended pursuant
to law.
(2) Exclusive representative.--Nothing in this Act shall
affect the right of any labor organization to be accorded (or
to continue to be accorded) recognition as the exclusive
representative of any unit of university employees.
(3) Other provisions.--Matters made subject to regulation
under this section shall not be subject to collective
bargaining, except in the case of any matter under chapter 63
of title 5, United States Code (relating to leave).
(f) Effective Date.--
(1) Alternative personnel management provisions.--The
alternative personnel management provisions under this section
shall take effect on such date as may be specified in the
regulations, except that in no event shall the date specified
be later than 1 year after the date of the enactment of this
Act.
(2) Provisions made inapplicable by this section.--
Subsection (a) shall take effect as of the date specified under
paragraph (1).
(g) Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the alternative personnel management provisions
under this section shall apply with respect to all applicants
for employment with, all employees of, and all positions in or
under the university.
(2) Current employees not covered except pursuant to a
voluntary election.--
(A) In general.--A university employee serving on
the day before the effective date specified under
subsection (f)(1) shall not be subject to the
alternative personnel management provisions under this
section (and shall instead, for all purposes, be
treated in the same way as if this section had not been
enacted, notwithstanding subsection (a)) unless, before
the end of the 5-year period beginning on such
effective date, such employee elects to be covered by
such provisions.
(B) Procedures.--An election under this paragraph
shall be made in such form and in such manner as may be
required under the regulations, and shall be
irrevocable.
(3) Transition provisions.--
(A) Provisions relating to annual and sick leave.--
Any individual who--
(i) makes an election under paragraph (2),
or
(ii) on or after the effective date
specified under subsection (f)(1), is
transferred, promoted, or reappointed, without
a break in service of 3 days or longer, to a
university position from a non-university
position with the Federal Government or the
government of the District of Columbia,
shall be credited, for the purpose of the leave system
provided under regulations prescribed under this
section, with the annual and sick leave to such
individual's credit immediately before the effective
date of such election, transfer, promotion, or
reappointment, as the case may be.
(B) Liquidation of remaining leave upon
termination.--
(i) Annual leave.--Upon termination of
employment with the university, any annual
leave remaining to the credit of an individual
within the purview of this section shall be
liquidated in accordance with section 5551(a)
and section 6306 of title 5, United States
Code, except that leave earned or accrued under
regulations prescribed under this section shall
not be so liquidated.
(ii) Sick leave.--Upon termination of
employment with the university, any sick leave
remaining to the credit of an individual within
the purview of this section shall be creditable
for civil service retirement purposes in
accordance with section 8339(m) of title 5,
United States Code, except that leave earned or
accrued under regulations prescribed under this
section shall not be so creditable.
(C) Transfer of remaining leave upon transfer,
promotion, or reemployment.--In the case of any
university employee who is transferred, promoted, or
reappointed, without a break in service of 3 days or
longer, to a position in the Federal Government (or the
government of the District of Columbia) under a
different leave system, any remaining leave to the
credit of that individual earned or credited under the
regulations prescribed under this section shall be
transferred to such individual's credit in the
employing agency on an adjusted basis in accordance
with regulations which shall be prescribed by the
Office of Personnel Management.
(4) Work-study.--Nothing in this section shall be
considered to apply with respect to a work-study student, as
defined by the president of the university in writing.
SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY.
The Secretary shall, to the maximum extent consistent with
applicable law and subject to the availability of appropriations
therefor, delegate to the president of the university procurement and
contracting authority with respect to the conduct of the administrative
functions of the university.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 1997, and
for each fiscal year thereafter--
(1) the amount of funds made available by appropriations as
operations funding for the administration of the university for
fiscal year 1996; and
(2) such additional sums as may be necessary for the
operation of the university pursuant to this Act. | Haskell Indian Nations University Administrative Systems Act of 1996 - Provides that certain civil service laws relating to personnel management shall not apply to applicants for employment with, employees of, or positions in or under the Haskell Indian Nations University. Directs the university president to prescribe by regulation alternative personnel management provisions. Disallows covering current university employees except pursuant to a voluntary election. Directs the Secretary of the Interior to delegate to the university president procurement authority with respect to the conduct of the administrative functions of the university.
Authorizes appropriations. | {"src": "billsum_train", "title": "Haskell Indian Nations University Administrative Systems Act of 1996"} | 2,059 | 117 | 0.608976 | 1.703688 | 0.650216 | 4.127451 | 19.382353 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Savings Act of 2013''.
SEC. 2. CONSUMER FINANCIAL PRODUCTS PILOT PROGRAM.
(a) In General.--The Under Secretary of Defense (Comptroller) shall
carry out a 5-year pilot program to develop innovative consumer
financial products that encourage savings and wealth-creation among
members of the Armed Forces on active duty.
(b) Objectives.--Financial products developed under this section
may be designed to--
(1) increase the rate of savings among members of the Armed
Forces on active duty by providing automatic deposit into a
savings account of special pay and allowances received by such
a member, including special pay and allowances received on
account of the deployment of the member;
(2) reduce the need for high-cost short-term lending
services by providing alternatives to members of the Armed
Forces on active duty, such as financial institutions providing
an option for such members to receive advances on their salary
payments--
(A) in a manner that permits such members to
receive pay in more frequent installments; and
(B) under which any interest or fees on such
advances--
(i) does not exceed the rate described in
section 987(b) of title 10, United States Code;
and
(ii) adheres to the Affordable Small-Dollar
Loan Guidelines of the Federal Deposit
Insurance Corporation;
(3) address obstacles to traditional consumer banking and
lending for members of the Armed Forces with limited credit
history; and
(4) otherwise encourage savings and wealth-creation among
members of the Armed Forces on active duty.
(c) No Exacerbation of Credit Overextension.--The pilot program
carried out under this section shall be carried out in a manner that
does not exacerbate the incidence of credit overextension among members
of the Armed Forces.
(d) Implementation.--
(1) Selection of military installations.--The Under
Secretary shall select at least 10 military installations on
which to implement the pilot program.
(2) Incorporation into operating agreements.--A financial
institution seeking to begin operating on a military
installation selected by the Under Secretary under paragraph
(1), or seeking to renew an agreement to operate on such an
installation, shall--
(A) agree to offer the consumer financial products
developed under this section; and
(B) notify members of the Armed Forces that are
customers of the institution about the availability of
the consumer financial products developed under this
section.
(e) Consultation.--In developing consumer financial products under
this section, the Under Secretary shall consult with Federal banking
regulators with expertise in depository institutions, Federal agencies
with experience regulating financial products, and consumer and
military service organizations with relevant financial expertise.
(f) Independent Evaluation.--
(1) In general.--Not later than the date that is 2 years
after the date of the enactment of this Act, and annually
thereafter until the end of the pilot program, the Under
Secretary shall contract for an independent evaluation of the
pilot program carried out under this section. Such evaluation
shall--
(A) include the degree to which the pilot program
succeeded in the goals of increasing usage of savings
products, programs, and tools among members of the
Armed Forces on active duty; and
(B) be conducted by a contractor with knowledge of
consumer financial products and experience in the
evaluation of such products.
(2) Report.--After each evaluation carried out pursuant to
paragraph (1), the Under Secretary shall submit to the
Committees on Armed Services and Banking, Housing, and Urban
Affairs of the Senate and the Committees on Armed Services and
Financial Services of the House of Representatives a report
containing all findings and conclusions made by the contractor
in conducting the evaluation.
(g) Expansion of Pilot Program.--Notwithstanding subsection (a),
the Under Secretary may expand the pilot program, including extending
the duration of the program and expanding the program to make it a
nationwide program, to the extent determined appropriate by the Under
Secretary, if the Under Secretary determines that such expansion is
expected to--
(1) improve the rates of savings among members of the Armed
Forces and their families; or
(2) decrease the need for members of the Armed Forces and
their families to rely on payday lenders without exacerbating
credit overextension.
(h) Financial Institution Defined.--In this section, the term
``financial institution'' means an insured depository institution (as
defined in section 3(c)(2) of the Federal Deposit Insurance Act (12
U.S.C. 1813(c)(2))) or a credit union. | Military Savings Act of 2013 - Requires the Under Secretary of Defense (DOD) to carry out a five-year pilot program at at least 10 military installations to develop innovative consumer financial products that encourage savings and wealth-creation among members of the Armed Forces on active duty. Authorizes products designed to: (1) increase the rate of savings among such members by providing automatic deposit of special pay and allowances; (2) reduce the need for high-cost short-term lending services by providing alternatives, such as financial institutions providing an option for members to receive advances on salary payments; and (3) address obstacles to traditional consumer banking and lending for members with limited credit history. Requires a financial institution seeking to begin or renew operating on a military installation selected for such program to agree to offer such products and to notify members about the availability of such products. Directs the Under Secretary to contract for an annual independent evaluation of such program. Authorizes the Under Secretary to extend the program and expand it nationwide upon determining that such expansion would improve member savings rates or decrease their need to rely on payday lenders. | {"src": "billsum_train", "title": "Military Savings Act of 2013"} | 1,001 | 233 | 0.731984 | 2.25922 | 0.877843 | 4.665138 | 4.261468 | 0.922018 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Fair Pay Act of
1995''.
(b) Reference.--Except as provided in section 8, whenever in this
Act an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Fair Labor
Standards Act of 1938.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Wage differentials exist between equivalent jobs
segregated by sex, race, and national origin in Government
employment and in industries engaged in commerce or in the
production of goods for commerce:
(2) The existence of such wage differentials--
(A) depresses wages and living standards for
employees necessary for their health and efficiency;
(B) prevents the maximum utilization of the
available labor resources;
(C) tends to cause labor disputes, thereby
burdening, affecting, and obstructing commerce;
(D) burdens commerce and the free flow of goods in
commerce; and
(E) constitutes an unfair method of competition.
(3) Discrimination in hiring and promotion has played a
role in maintaining a segregated work force.
(4) Many women and people of color work in occupations
dominated by individuals of their same sex, race, and national
origin.
(5)(A) A General Accounting Office analysis of wages in the
civil service of the State of Washington found that in 1985 of
the 44 jobs studied that paid less than the average of all
equivalent jobs, approximately 39 percent were female-dominated
and approximately 16 percent were male dominated.
(B) A study of wages in Minnesota using 1990 Decennial
Census data found that 75 percent of the wage differential
between white and non-white workers was unexplained and may be
a result of discrimination.
(6) Section 6(d) of the Fair Labor Standards Act of 1938
prohibits discrimination in compensation for ``equal work'' on
the basis of sex.
(7) Title VII of the Civil Rights Act of 1964 prohibits
discrimination in compensation because of race, color,
religion, national origin, and sex. The United States Supreme
Court, in its decision in County of Washington v. Gunther, 452
U.S. 161 (1981), held that title VII's prohibition against
discrimination in compensation also applies to jobs which do
not constitute ``equal work'' as defined in section 6(d) of the
Fair Labor Standards Act of 1938. Decisions of lower courts,
however, have demonstrated that further clarification of
existing legislation is necessary in order effectively to carry
out the intent of Congress to implement the Supreme Court's
holding in its Gunther decision.
(8) Artificial barriers to the elimination of
discrimination in compensation based upon sex, race, and
national origin continue to exist more than 3 decades after the
passage of section 6(d) of the Fair Labor Standards Act of 1938
and the Civil Rights Act of 1964. Elimination of such barriers
would have positive effects, including--
(A) providing a solution to problems in the economy
created by discriminating wage differentials;
(B) substantially reducing the number of working
women and people of color earning low wages, thereby
reducing the dependence on public assistance; and
(C) promoting stable families by enabling working
family members to earn a fair rate of pay.
SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS.
(a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at
the end the following:
``(g)(1)(A)(i) Except as provided in clause (ii), no employer
having employees subject to any provisions of this section shall
discriminate, within any establishment in which such employees are
employed, between employees on the basis of sex, race, or national
origin by paying wages to employees in such establishment in a job that
is dominated by employees of a particular sex, race, or national origin
at a rate less than the rate at which the employer pays wages to
employees in such establishment in another job that is dominated by
employees of the opposite sex or of a different race or national
origin, respectively, for work on equivalent jobs.
``(ii) Nothing in clause (i) shall prohibit the payment of
different wages to employees where such payment is made pursuant to--
``(I) a seniority system;
``(II) a merit system; or
``(III) a system that measures earnings by quantity or
quality of production.
``(iii) The Equal Employment Opportunity Commission shall issue
guidelines specifying criteria for determining whether a job is
dominated by employees of a particular sex, race, or national origin.
Such regulations shall not include a list of such jobs.
``(B) An employer who is paying a wage rate differential in
violation of subparagraph (A) shall not, in order to comply with the
provisions of such subparagraph, reduce the wage rate of any employee.
``(2) No labor organization or its agents representing employees of
an employer having employees subject to any provision of this section
shall cause or attempt to cause such an employer to discriminate
against an employee in violation of paragraph (1)(A).
``(3) For purposes of administration and enforcement of this
subsection, any amounts owing to any employee which have been withheld
in violation of paragraph (1)(A) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation under this section or section 7.
``(4) As used in this subsection:
``(A) The term `labor organization' means any organization
of any kind, or any agency or employee representation committee
or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
``(B) The term `equivalent jobs' means jobs that may be
dissimilar, but whose requirements are equivalent, when viewed
as a composite of skills, effort, responsibility, and working
conditions.''.
(b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is
amended in the matter before paragraph (1) by striking ``section 6(d)''
and inserting ``sections 6(d) and 6(g)''.
SEC. 4. PROHIBITED ACTS.
Section 15(a) (29 U.S.C. 215(a)) is amended--
(1) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(2) by adding after paragraph (5) the following new
paragraphs:
``(6) to discriminate against any individual because such
individual has opposed any act or practice made unlawful by
section 6(g) or because such individual made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under section 6(g); or
``(7) to discharge or in any other manner discriminate
against, coerce, intimidate, threaten, or interfere with any
employee or any other person because the employee inquired
about, disclosed, compared, or otherwise discussed the
employee's wages or the wages of any other employee, or because
the employee exercised, enjoyed, aided, or encouraged any other
person to exercise or enjoy any right granted or protected by
section 6(g).''.
SEC. 5. REMEDIES.
Section 16 (29 U.S.C. 216) is amended--
(1) by adding at the end the following:
``(f) In any action brought under this section for violation of
section 6(g), the court shall, in addition to any other remedies
awarded to the prevailing plaintiff or plaintiffs, allow expert fees as
part of the costs. Any such action may be maintained as a class action
as provided by the Federal Rules of Civil Procedure.'';
(2) in subsection (b), by striking ``section 15(a)(3)''
each place it occurs and inserting ``paragraphs (3), (6), and
(7) of section 15(a)''; and
(3) in the fourth sentence of subsection (b), by striking
``No employees'' and inserting ``Except with respect to class
actions brought under subsection (f), no employees''.
SEC. 6. RECORDS.
(a) Technical Amendment.--Section 11(c) (29 U.S.C. 211(c)) is
amended by inserting ``(1)'' after ``(c)''.
(b) Records.--Section 11(c) (as amended by subsection (a)) is
further amended by adding at the end the following:
``(2)(A) Every employer subject to section 6(g) shall preserve
records which document and support the method, system, calculations,
and other bases used by the employer in establishing, adjusting, and
determining the wages paid to the employees of the employer. Every
employer subject to section 6(g) shall preserve such records for such
periods of time, and shall make such reports therefrom to the Equal
Employment Opportunity Commission, as shall be prescribed by the Equal
Employment Opportunity Commission by regulation or order as necessary
or appropriate for the enforcement of the provisions of section 6(g) or
any regulations promulgated pursuant to section 6(g).''.
(c) Small Business Exemptions.--Section 11(c) (as amended by
subsections (a) and (b)) is further amended by adding at the end the
following:
``(B)(i) Every employer subject to section 6(g) that has 25 or more
employees on any date during the first or second year after the
effective date of this paragraph, or 15 or more employees on any date
during a subsequent year, shall file with the Equal Employment
Opportunity Commission for the year involved a report signed by the
president, treasurer, or corresponding principal officer, of the
employer containing information in such detail as may be necessary to
accurately disclose the wage or salary rates paid to employees in each
classification, position, or job title or to employees in other wage or
salary groups employed by the employer, including information with
respect to the sex, race, and national origin of employees at each wage
or salary level in each classification, position, job title, or other
wage or salary group.''.
(d) Protection of Confidentiality.--Section 11(c) (as amended by
subsections (a) through (c)) is further amended by adding at the end
the following:
``(ii) The rules and regulations issued by the Equal Employment
Opportunity Commission under subparagraph (F), relating to the form of
such a report, shall include requirements to protect the
confidentiality of employees, including a requirement that the report
shall not contain the name of any individual employee.''.
(e) Use; Inspections; Examinations; Regulations.--Section 11(c) (as
amended by subsections (a) through (d)) is further amended by adding at
the end the following:
``(C) The Equal Employment Opportunity Commission may publish any
information and data that the Equal Employment Opportunity Commission
obtains pursuant to the provisions of subparagraph (B). The Equal
Employment Opportunity Commission may use the information and data for
statistical and research purposes, and compile and publish such
studies, analyses, reports, and surveys based thereon as it may
consider appropriate.
``(D) In order to carry out the purposes of this Act the Equal
Employment Opportunity Commission shall by regulation make reasonable
provision for the inspection and examination by any person of the
information and data contained in any report filed with the Equal
Employment Opportunity Commission pursuant to subparagraph (B).
``(E) The Equal Employment Opportunity Commission shall by
regulation provide for the furnishing of copies of reports filed with
the Equal Employment Opportunity Commission pursuant to subparagraph
(B) to any person upon payment of a charge based upon the cost of the
service.
``(F) The Equal Employment Opportunity Commission shall issue rules
and regulations prescribing the form and content of reports required to
be filed under subparagraph (B) and such other reasonable rules and
regulations as it may find necessary to prevent the circumvention or
evasion of such reporting requirements. In exercising its authority
under subparagraph (B), the Equal Employment Opportunity Commission may
prescribe by general rule simplified reports for employers for whom the
Equal Employment Opportunity Commission finds that because of the size
of the employers a detailed report would be unduly burdensome.''.
SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT
TO CONGRESS.
Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the
following:
``(4) The Equal Employment Opportunity Commission shall undertake
studies and provide information and technical assistance to employers,
labor organizations, and the general public concerning effective means
available to implement the provisions of section 6(g) prohibiting wage
discrimination between employees performing work in equivalent jobs on
the basis of sex, race, or national origin. Such studies, information,
and technical assistance shall be based upon and include reference to
the declared policy of such section to eliminate such discrimination.
In order to achieve the purposes of such section, the Equal Employment
Opportunity Commission shall further carry on a continuing program of
research, education, and technical assistance including--
``(A) undertaking and promoting research with the intent of
developing means to expeditiously correct the conditions
leading to section 6(g);
``(B) publishing and otherwise making available to
employers, labor organizations, professional associations,
educational institutions, the various media of communication,
and the general public the findings of studies and other
materials for promoting compliance with section 6(g);
``(C) sponsoring and assisting State and community
informational and educational programs; and
``(D) providing technical assistance to employers, labor
organizations, professional associations and other interested
persons on means of achieving and maintaining compliance with
the provisions of section 6(g).
``(5) The report submitted annually by the Equal Employment
Opportunity Commission to Congress pursuant to paragraph (1) shall
include a separate evaluation and appraisal regarding the
implementation of section 6(g).''.
SEC. 8. CONFORMING AMENDMENTS.
(a) Application.--Section 203(a)(1) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313(a)(1)) is amended--
(1) by striking ``subsections (a)(1) and (d) of section 6''
and inserting ``subsections (a)(1), (d), and (g) of section
6''; and
(2) by striking ``206 (a)(1) and (d)'' and inserting ``206
(a)(1), (d), and (g)''.
(b) Remedies.--Section 203(b) of such Act (2 U.S.C. 1313(b)) is
amended by inserting before the period the following: ``or, in an
appropriate case, under section 16(f) of such Act (29 U.S.C. 216(f))''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act. | Fair Pay Act of 1995 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, or systems that measure earnings by quantity or quality of production.)
Directs the Equal Employment Opportunity Commission (EEOC) to issue guidelines specifying criteria for determining whether a job is dominated by employees of a particular sex, race, or national origin. Prohibits such regulations from including a list of such jobs.
Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action.
Requires employers subject to such prohibition to: (1) preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the EEOC; and (2) make reports to the EEOC. Sets forth certain exemptions for small businesses and provisions for protection of confidentiality with respect to such records.
Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress.
Makes conforming amendments to the Congressional Accountability Act of 1995. | {"src": "billsum_train", "title": "Fair Pay Act of 1995"} | 3,372 | 366 | 0.502697 | 1.563969 | 0.676379 | 4.732143 | 9.318452 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rigs to Reefs Act of 2003''.
SEC. 2. AUTHORITY TO USE DECOMMISSIONED OFFSHORE OIL AND GAS PLATFORMS
FOR MARICULTURE, ARTIFICIAL REEF, OR SCIENTIFIC RESEARCH.
(a) In General.--The Outer Continental Shelf Lands Act (43 U.S.C.
1301 et seq.) is amended by inserting after section 9 the following:
``SEC. 10. USE OF DECOMMISSIONED OFFSHORE OIL AND GAS PLATFORMS FOR
MARICULTURE, ARTIFICIAL REEF, OR SCIENTIFIC RESEARCH.
``(a) In General.--The Secretary shall issue regulations under
which the Secretary may authorize use of an offshore oil and gas
platform that is decommissioned from service for oil and gas purposes
for culture of marine organisms, an artificial reef, or scientific
research.
``(b) Limitation on Liability.--A person that used an offshore oil
and gas platform for oil and gas purposes and that does not have any
ownership or control of the platform shall not be liable under Federal
law for any costs or damages arising from such platform after the date
the platform is used for culture of marine organisms, an artificial
reef, or scientific research under this section, unless such costs or
damages arise from--
``(1) use of the platform by the person for development or
production of oil or gas; or
``(2) another act or omission of the person.
``(c) Other Leasing and Use Not Affected.--This section, and the
use of any offshore oil and gas platform for culture of marine
organisms, an artificial reef, or scientific research under this
section, shall not affect--
``(1) the authority of the Secretary to lease any area
under this Act; or
``(2) any activity otherwise authorized by a lease under
this Act.''.
(b) Deadline for Regulations.--The Secretary of the Interior shall
issue regulations under subsection (a) by not later than 180 days after
the date of the enactment of this Act.
(c) Study and Report on Effects of Removal of Platforms.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Interior, in consultation with other Federal agencies as
necessary, shall study and report to the Congress regarding how the
removal of offshore oil and gas platforms from the outer Continental
Shelf would affect existing fish stocks and coral populations.
SEC. 3. CREDIT FOR COSTS RELATING TO CONVERTING OFFSHORE OIL AND GAS
PLATFORMS FOR USE IN CULTURING MARINE ORGANISMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. CREDIT FOR COSTS RELATING TO CONVERTING OFFSHORE OIL AND
GAS PLATFORMS FOR CULTURING MARINE ORGANISMS.
``(a) General Rule.--For purposes of section 38, the marine
organisms culturing credit is an amount equal to 30 percent of the
qualified marine organisms culturing expenditures of the taxpayer
during the taxable year.
``(b) Qualified Marine Organisms Culturing Expenditures.--For
purposes of subsection (a), the term `qualified marine organisms
culturing expenditures' means, with respect to a platform owned by the
taxpayer--
``(1) amounts paid or incurred for maintaining an offshore
oil and gas platform from the time such platform is
decommissioned from service for oil and gas purposes to the
time it is converted for use in the culture of marine
organisms, including costs of moving such platform to the
reefing location, if applicable,
``(2) an amount equal to the excess (if any) of--
``(A) the costs of converting such platform for use
in the culture of marine organisms, over
``(B) the amount that could have been received if
such platform were sold as scrap on shore.
``(c) Election.--This section shall apply to any taxpayer for any
taxable year only if such taxpayer elects (at such time and in such
manner as the Secretary may by regulations prescribe) to have this
section apply for such taxable year.''.
(b) Conforming Amendments.--
(1) Subsection (b) of section 38 of such Code is amended by
striking ``plus'' at the end of paragraph (14), by striking the
period at the end of paragraph (15) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(16) the marine organisms culturing credit determined
under section 45G(a).''.
(2) No carryback before effective date.--Subsection (d) of
section 39 of such Code (relating to carryback and carryforward
of unused credits) is amended by adding at the end the
following new paragraph:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45G may be carried back to a taxable year ending before
January 1, 2004.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45G. Credit for costs relating to
converting offshore oil and gas
platforms for culturing marine
organisms.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Rigs to Reefs Act of 2003 - Amends the Outer Continental Shelf Lands Act to instruct the Secretary of the Interior to issue regulations authorizing the use for culture of marine organisms, an artificial reef, or scientific research of any offshore oil and gas platform decommissioned from service for oil and gas purposes.
Denies liability under Federal law of any former owner of an offshore oil and gas platform for costs or damages arising from use of it for culture of marine organisms, an artificial reef, or scientific research, unless such costs or damages arise from: (1) use of the platform by the person for development or production of oil or gas; or (2) another act or omission.
Amends the Internal Revenue Code of 1986 (relating to business-related credits) to establish an income tax credit for costs relating to converting offshore oil and gas platforms for culturing marine organisms. | {"src": "billsum_train", "title": "To amend the Outer Continental Shelf Lands Act to direct the Secretary of the Interior to issue regulations under which the Secretary may authorize use of a decommissioned offshore oil and gas platform for culture of marine organisms, an artificial reef, or scientific research, and for other purposes."} | 1,325 | 189 | 0.72028 | 2.043576 | 0.993866 | 6.804734 | 6.662722 | 0.934911 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulletproof Vest Partnership Grant
Act of 1998''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the number of law enforcement officers who are killed in
the line of duty would significantly decrease if every law
enforcement officer in the United States had the protection of an
armor vest;
(2) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously killed
in the line of duty;
(3) the Federal Bureau of Investigation estimates that the risk
of fatality to law enforcement officers while not wearing an armor
vest is 14 times higher than for officers wearing an armor vest;
(4) the Department of Justice estimates that approximately
150,000 State, local, and tribal law enforcement officers, nearly
25 percent, are not issued body armor;
(5) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000 law
enforcement officers in the United States; and
(6) the Executive Committee for Indian Country Law Enforcement
Improvements reports that violent crime in Indian country has risen
sharply, despite a decrease in the national crime rate, and has
concluded that there is a ``public safety crisis in Indian
country''.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State, local, and tribal law
enforcement agencies provide officers with armor vests.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) by redesignating part Y as part Z;
(2) by redesignating section 2501 as section 2601; and
(3) by inserting after part X the following new part:
``PART Y--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS
``SEC. 2501. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase armor vests for use by State, local, and
tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of armor vests for law enforcement
officers in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under this
part, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for armor vests based on the
percentage of law enforcement officers in the department who do not
have access to a vest;
``(2) has, or will institute, a mandatory wear policy that
requires on-duty law enforcement officers to wear armor vests
whenever feasible; and
``(3) has a violent crime rate at or above the national average
as determined by the Federal Bureau of Investigation; or
``(4) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law Enforcement
Assistance' of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1998 (Public
Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section, except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated .25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this part shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2502. APPLICATIONS.
``(a) In General.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this part, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 105-119)) during a fiscal year in which it submits an
application under this part shall not be eligible for a grant under
this part unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of armor vests, but did not, or does not
expect to use such funds for such purpose.
``SEC. 2503. DEFINITIONS.
``For purposes of this part--
``(1) the term `armor vest' means body armor, no less than Type
I, which has been tested through the voluntary compliance testing
program operated by the National Law Enforcement and Corrections
Technology Center of the National Institute of Justice (NIJ), and
found to meet or exceed the requirements of NIJ Standard 0101.03,
or any subsequent revision of such standard;
``(2) the term `body armor' means any product sold or offered
for sale as personal protective body covering intended to protect
against gunfire, stabbing, or other physical harm;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands;
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or other
unit of general government below the State level;
``(5) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(6) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or Indian
tribe authorized by law or by a government agency to engage in or
supervise the prevention, detection, or investigation of any
violation of criminal law, or authorized by law to supervise
sentenced criminal offenders.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by adding at the end the following new paragraph:
``(23) There are authorized to be appropriated to carry out part Y,
$25,000,000 for each of fiscal years 1999 through 2001.''.
SEC. 4. SENSE OF THE CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Bulletproof Vest Partnership Grant Act of 1998 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to: (1) make grants to States, local governments, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, have or will institute a mandatory wear policy, and have a violent crime rate at or above the national average or have not received specified grants under the Local Law Enforcement Block Grant program (makes local governments receiving funding under such program ineligible for a grant under this Act unless the chief executive officer of such local government certifies that it considered or will consider using funding received under such program for costs of armor vests but does not expect to use such funds for that purpose).
Provides that a qualifying State, unit of local government, or Indian tribe may not receive less than .5 percent nor more than five percent of the total amount appropriated in each fiscal year for such grants, and that a State, together with grantees within the State, may not receive more than 20 percent of the total amount appropriated in each fiscal year for such grants.
Limits the portion of program costs provided by such grant to 50 percent. Authorizes the use of funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on Indian lands for the non-Federal share of a matching requirement funded under this Act. Requires that at least half of the funds available under this Act be awarded to local governments with fewer than 100,000 residents.
Sets forth application requirements.
Authorizes appropriations.
Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products. | {"src": "billsum_train", "title": "Bulletproof Vest Partnership Grant Act of 1998"} | 2,036 | 410 | 0.637372 | 2.084626 | 0.803927 | 4.754717 | 5.078167 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nunn-Lugar Cooperative Threat
Reduction Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The possession by hostile states or terrorist groups of
nuclear, chemical, and biological weapons of mass destruction
or related materials or means of delivery represents the
greatest threat to the national security of the United States
in the 21st century.
(2) It is the highest priority of the United States to
protect its territory, people, armed forces, allies, and
friends from attacks by dangerous regimes or terrorist groups
using weapons of mass destruction or related materials or means
of delivery.
(3) It is the policy of the United States to ensure and
strengthen verification and compliance with the Treaty on the
Non-proliferation of Nuclear Weapons, done at Washington,
London, and Moscow July 1, 1968, and entered into force March
5, 1970 (commonly known as the ``Nuclear Non-Proliferation
Treaty''), the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction, with Annexes, done at Paris
January 13, 1993, and entered into force April 29, 1997
(commonly known as the ``Chemical Weapons Convention''), the
Convention on the Prohibition of the Development, Production
and Stockpiling of Bacteriological (Biological) and Toxin
Weapons and on Their Destruction, done at Washington, London,
and Moscow April 10, 1972, and entered into force March 26,
1975 (commonly known as the ``Biological Weapons Convention''),
the safeguards system of the International Atomic Energy Agency
(IAEA), and the commitments and control lists of the Missile
Technology Control Regime (MTCR), the Australia Group (AG), the
Nuclear Suppliers Group (NSG), and the Wassenaar Arrangement on
Export Controls for Conventional Arms and Dual-Use Goods and
Technologies (WA).
(4) The national security interests of the United States
have been well-served by the enactment of the Soviet Nuclear
Threat Reduction Act of 1991 (title II of Public Law 102-228;
22 U.S.C. 2551 note), (commonly known as the ``Nunn-Lugar
Act''), its successor law, the Cooperative Threat Reduction Act
of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5951 note),
and the Defense Against Weapons of Mass Destruction Act of 1996
(title XIV of Public Law 104-201; 50 U.S.C. 2301 et seq.),
(commonly known as the ``Nunn-Lugar-Domenici Act'').
(5) The Nunn-Lugar Cooperative Threat Reduction program
has, as of October 2004--
(A) deactivated 6,462 nuclear warheads;
(B) destroyed 550 intercontinental ballistic
missiles;
(C) eliminated 469 intercontinental ballistic
missile silos;
(D) destroyed 13 mobile intercontinental ballistic
missile launchers;
(E) eliminated 135 bombers;
(F) destroyed 733 nuclear air-to-surface missiles;
(G) eliminated 408 submarine-launched ballistic
missile launchers;
(H) eliminated 530 submarine-launched ballistic
missiles;
(I) destroyed 27 strategic nuclear submarines; and
(J) sealed 194 nuclear test tunnels or holes.
(6) On February 11, 2004, President George W. Bush called
for the expansion of the Nunn-Lugar Cooperative Threat
Reduction program, stating: ``I propose to expand our efforts
to keep weapons from the Cold War and other dangerous materials
out of the wrong hands. In 1991, Congress passed the Nunn-Lugar
legislation. Senator Lugar had a clear vision, along with
Senator Nunn, about what to do with the old Soviet Union. Under
this program, we're helping former Soviet states find
productive employment for former weapons scientists. We're
dismantling, destroying, and securing weapons and materials
left over from the Soviet WMD arsenal. We have more work to do
there.''
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) all United States capabilities must be utilized to
prevent acts of catastrophic terrorism using weapons of mass
destruction or related materials or means of delivery;
(2) in order to prevent acts of catastrophic terrorism
using weapons of mass destruction or related materials or means
of delivery, the United States must pursue a strategy making
full and effective use of multilateral and bilateral
agreements, export controls, missile defense, arms control,
threat reduction assistance, interdiction efforts, export
controls, and United States proliferation sanctions;
(3) the United States must not allow the world's most
dangerous weapons to fall into the hands of dangerous regimes
and terrorist groups;
(4) the United States must hold nations accountable for all
violations of international nonproliferation treaties, norms,
and standards of conduct, and to the extent that it is
consistent with United States law and policy, provide
assistance to ensure that such treaties, norms, and standards
of conduct are upheld rather than violated; and
(5) the President must be provided the authority to use
Nunn-Lugar Cooperative Threat Reduction funds in a manner
consistent with the high value Congress and the President have
placed on Cooperative Threat Reduction programs to reduce the
threat posed to the national security of the United States and
international peace and security by the proliferation of
weapons of mass destruction or related materials or means of
delivery.
SEC. 4. COOPERATIVE THREAT REDUCTION PROGRAMS DEFINED.
In this Act, the term ``Cooperative Threat Reduction programs''
means programs and activities specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).
SEC. 5. REPEAL OF RESTRICTIONS.
(a) Soviet Nuclear Threat Reduction Act of 1991.--Section 211(b) of
the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law
102-228; 22 U.S.C. 2551 note) is repealed.
(b) Cooperative Threat Reduction Act of 1993.--Section 1203(d) of
the Cooperative Threat Reduction Act of 1993 (title XII of Public Law
103-160; 22 U.S.C. 5952(d)) is repealed.
(c) Russian Chemical Weapons Destruction Facilities.--Section 1305
of the National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 22 U.S.C. 5952 note) is repealed.
SEC. 6. INAPPLICABILITY OF OTHER RESTRICTIONS.
Section 502 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (Public Law 102-511;
106 Stat. 3338; 22 U.S.C. 5852) shall not apply to any Cooperative
Threat Reduction program.
SEC. 7. EXEMPTION FROM LIMITATIONS.
Cooperative Threat Reduction programs may be carried out
notwithstanding any other provision of law, subject to congressional
notification and reporting requirements that apply to the use of funds
available for Cooperative Threat Reduction programs or the carrying out
of projects or activities under such programs.
SEC. 8. MODIFICATIONS OF AUTHORITY TO USE COOPERATIVE THREAT REDUCTION
PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION.
Section 1308 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is
amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary of Defense'';
(2) in subsection (a)--
(A) by striking paragraph (2); and
(B) by striking ``each of the following'' and all
that follows through the end and inserting the
following: ``that such project or activity will--
``(1)(A) assist the United States in the resolution of a
critical emerging proliferation threat; or
``(B) permit the United States to take advantage of
opportunities to achieve long-standing nonproliferation goals;
and
``(2) be completed in a short period of time.'';
(3) by striking subsections (c) and (d); and
(4) by redesignating subsection (e) as subsection (c).
SEC. 9. SPECIAL REPORTS ON ADHERENCE TO ARMS CONTROL AGREEMENTS AND
NONPROLIFERATION COMMITMENTS.
(a) Reports Required.--At least annually, the Secretary of State
shall submit to the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the Senate and
the Committee on International Relations, the Committee on Armed
Services, and the Committee on Appropriations of the House of
Representatives a report on each country in which a Cooperative Threat
Reduction program is being carried out. The report shall describe that
country's commitments to--
(1) making substantial national investments in
infrastructure to secure, safeguard, and destroy weapons of
mass destruction;
(2) forgoing any military modernization exceeding
legitimate defense requirements, including replacement of
weapons of mass destruction;
(3) forgoing any use of fissionable materials or any other
components of deactivated nuclear weapons in a new nuclear
weapons program;
(4) complying with all relevant arms control agreements;
(5) adopting and enforcing national and international
export controls over munitions and dual-use items; and
(6) facilitating the verification by the United States and
international community of that country's compliance with such
commitments.
(b) Form.--The reports required under subsection (a) may be
submitted with the reports required under section 403 of the Arms
Control and Disarmament Act (Public Law 87-297; 22 U.S.C. 2593a). | Nunn-Lugar Cooperative Threat Reduction Act of 2004 - Amends the Soviet Nuclear Threat Reduction Act of 1991, the Cooperative Threat Reduction Act of 1993, and the National Defense Authorization Act for Fiscal Year 2000, respectively, to repeal specified restrictions on the use of Cooperative Threat Reduction program (program) funds and activities.
Amends the the National Defense Authorization Act for Fiscal Year 2004 to modify authority to use program funds outside the former Soviet Union, including transferring such authority from the President to the Secretary of Defense.
Directs the Secretary of State to report on each country in which a program is being carried out, including its adherence to arms control and nonproliferation agreements. | {"src": "billsum_train", "title": "A bill to improve authorities to address urgent nonproliferation crises and United States nonproliferation operations."} | 2,249 | 152 | 0.449145 | 1.323459 | 0.693135 | 4.171875 | 15.320313 | 0.953125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Political Advertising
Act of 1995''.
SEC. 2. ALLOCATION TO POLITICAL CANDIDATES OF FREE BROADCAST TIME FOR
POLITICAL ADVERTISING.
(a) Condition of License Renewal.--Section 309(h) of the
Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting
before the period at the end thereof the following: ``; and (4) every
television broadcast station license issued under this Act shall be
subject to the free broadcast time obligations imposed by section
315(c)''.
(b) Free Time Obligations.--Section 315 of the Communications Act
of 1934 (47 U.S.C. 315) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) Each licensee for a television broadcasting station shall
annually make available free broadcast time for political advertising
in accordance with the requirements of this subsection. The Commission
shall not renew the license of any licensee who substantially fails or
refuses to comply with the requirements of this subsection, but such
licensee shall not be subject to any other sanction or remedy for such
failure or refusal.
``(2) A licensee subject to this subsection shall allot free
broadcast time to each qualified political candidate in accordance with
the following standards:
``(A) Such licensee shall allot an equal amount, but not
less than 2 hours, of free broadcast time each even-numbered
year to each qualified political candidate in a statewide or
national election. In the case of a television station whose
market does not encompass all of a congressional district, such
licensee may apportion to each qualified candidate from such
district a fraction of such 2 hours that is equal to the
fraction of such district's population that resides within such
market, as determined in accordance with regulations prescribed
by the Commission.
``(B) The free broadcast time allotted to any candidate
under subparagraph (A) shall be composed of units of varying
lengths of not more than 5 minutes nor less than 10 seconds, as
determined by negotiation between such organization and the
licensee.
``(C) The broadcast time allotted by any licensee shall be
allotted so that--
``(i) at least one-half is broadcast during the
hours of 7:00 p.m. to 10:00 p.m.;
``(ii) during any election year, at least two-
thirds is broadcast during the 2 months immediately
preceding election day and at least one-half is
broadcast during the 3 weeks immediately preceding
election day;
``(iii) each qualified candidate is allotted free
broadcast time that is comparable, by time of day and
day of week, to the time allotted to other qualified
candidates for the same office; and
``(iv) no broadcaster shall allot more than 4\1/2\
hours per week of free broadcast time for political
advertising and, if the amount of time required to or
allotted by this paragraph would exceed 4\1/2\ hours,
the time required to be allotted each qualified
candidate shall be reduced proportionately.
``(D) The broadcast time shall be used solely for
programming consisting of unedited segments in which the
candidate speaks directly to the camera.
``(3) A candidate shall be treated as a qualified political
candidate for purposes of paragraph (2)(A) if the candidate's party, in
the most recent statewide or national election, received more than 2
percent of the total number of votes.
``(4) A licensee allots free broadcast time as required by this
subsection by broadcasting statements without remuneration or
compensation in any form, whether by public or private funds, tax
deduction or credit, or otherwise.
``(5) Nothing in this subsection, and no use of free broadcast time
allotted under this subsection, shall be construed to restrict or
otherwise affect the purchase of advertising time under subsection (b)
of this section.''.
SEC. 3. CABLE BROADCASTING OF POLITICAL ADVERTISING.
Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) A cable operator shall annually make available free cable
time for political advertising in accordance with the requirements of
regulations prescribed by the Commission. Such regulations shall, to
the extent practicable, require each such cable operator to provide
such free cable time in the same amounts and manner, to the same
eligible political candidates, and subject to the same conditions as
free broadcast time is required to be provided by television broadcast
station licensees under section 315(c) of the Act. No franchise
authority shall renew the franchise of any cable operator that fails to
comply with such regulations, but such operator shall not be subject to
any other sanction or remedy for such failure or refusal.''. | Fairness in Political Advertising Act of 1995 - Amends the Communications Act of 1934 to require each licensee for a television broadcasting station to make available free broadcast time in each even-numbered year for political advertising. Provides standards for time allotment, including total time to be allotted, the length of each unit of such free time, the hours of the day and the time of the year in which such free time must be allowed, a limitation on such free time, and the use of such free time. Requires candidates meeting certain minimum qualifying standards to be treated equally for purposes of such allotment.
Provides that nothing in this Act shall restrict a candidate's right to purchase other broadcast time on such station.
Requires a cable operator to make available annually free cable time for political advertising under similar requirements.
Prohibits the renewal of the license of any television broadcast station licensee, or the franchise of any cable operator, that fails to comply with such requirements. | {"src": "billsum_train", "title": "Fairness in Political Advertising Act of 1995"} | 1,142 | 214 | 0.642833 | 1.914223 | 0.831124 | 2.112299 | 5.57754 | 0.860963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Camera Authorization and Maintenance
Act of 2014'' or as the ``CAM Act of 2014''.
SEC. 2. REQUIREMENT TO USE BODY-WORN CAMERA SYSTEMS.
(a) In General.--Beginning on the date that is 180 days after the
date of enactment, if, in a fiscal year, a State or unit of local
government that receives any grant from the Attorney General does not
require law enforcement officers of that State or unit of local
government to use body-worn cameras, that State or unit of local
government may not receive any grant from the Attorney General in the
following fiscal year.
(b) Hardship Waiver.--The Attorney General may waive the
application of subsection (a) to any State or unit of local government
that applies for such a waiver if, in the determination of the Attorney
General, compliance with the requirement of subsection (a) would pose a
financial hardship on the State or unit of local government.
(c) Definitions.--Terms used in this section have the meaning given
such terms in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791).
SEC. 3. BODY-WORN CAMERA GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART MM--BODY-WORN CAMERA GRANTS
``SEC. 3031. IN GENERAL.
``From amounts made available to carry out this part, the Director
of the Bureau of Justice Assistance may make grants to States, units of
local government, and Indian tribes for the acquisition, operation, and
maintenance of body-worn cameras for law enforcement officers.
``SEC. 3032. USES OF FUNDS.
``Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the program described under section 3034.
``SEC. 3033. PROGRAM DESCRIBED.
``The program described in this section is any program implemented
by a grantee requiring the use of body-worn cameras by law enforcement
officers in that jurisdiction, consistent with the following
requirements:
``(1) Any law enforcement officer who has regular contact
with the general public shall be required to wear and, as
appropriate, activate a body-worn camera.
``(2) An officer who is not otherwise assigned body-worn
cameras may be required to wear one in certain circumstances,
including the following:
``(A) After receiving a specified number of
complaints or disciplinary actions.
``(B) When participating in a certain type of
activity, such as SWAT operations.
``(3) Body cameras should be worn on the officer's chest or
at eye level.
``(4) An officer who activates the body-worn camera while
on duty should be required to note the existence of the
recording in the official incident report.
``(5) An officer who wears body-worn cameras should be
required to articulate their reasoning, on camera or in
writing, if that officer fails to record an activity that is
required by department policy to be recorded.
``(6) An officer is required to activate his or her body-
worn camera when responding to all calls for service and during
all law enforcement-related encounters and activities that
occur while the officer is on duty traffic stops, arrests,
searches, interrogations, investigations, and pursuits.
``(7) Officers should also be required to activate the
camera during the course of any encounter with the public that
becomes adversarial after the initial contact.
``(8) An officer shall inform any person who is being
recorded by a body-worn camera when the person is being
recorded unless doing so would be unsafe, impractical, or
impossible.
``(9) Once activated, the body-worn camera shall remain in
recording mode until the conclusion of an incident or
encounter, the officer has left the scene, or a supervisor has
authorized (on camera) that a recording may cease.
``(10) Policies shall designate the officer as the person
responsible for downloading recorded data from his or her body-
worn camera. However, in certain clearly identified
circumstances (including officer-involved shootings, in-custody
deaths, or other incidents involving the officer that result in
a person's bodily harm or death), the officer's supervisor
should immediately take physical custody of the camera and
should be responsible for downloading the data.
``(11) If the camera system does not have a system to track
who accesses the recorded data, when, and for what purpose,
grantees shall create an audit system that monitors who
accesses recorded data, when, and for what purpose. Grantees
may conduct forensic reviews to determine whether recorded data
has been tampered with. Data shall be downloaded from the body-
worn camera by the end of each shift in which the camera was
used. Officers shall properly categorize and tag body-worn
camera videos at the time they are downloaded. Videos shall be
classified according to the type of event or incident captured
in the footage.
``(12) When setting time frames for retention of data,
grantees shall consider the following:
``(A) State laws governing evidence retention.
``(B) Departmental policies governing retention of
other types of electronic records.
``(C) The openness of the State's public disclosure
laws.
``(D) The need to preserve footage to promote
transparency.
``(E) The length of time typically needed to
receive and investigate citizen complaints.
``(F) The agency's capacity for data storage.
``(13) Data must be managed by a third party. To protect
the security and integrity of data managed by a third party, a
grantee shall use a reputable, experienced vendor, enter into a
legal contract with the vendor that protects the agency's data,
ensure the system includes a built-in audit trail and reliable
backup methods, and consult with legal advisors.
``(14) An officer shall be permitted to review video
footage of an incident in which they were involved, prior to
making a statement about the incident.
``(15) A grantee's internal audit unit, rather than the
officer's direct chain of command, should periodically conduct
a random review of body-worn camera footage to monitor
compliance with the program and assess overall officer
performance.
``(16) Grantee policies pertaining to body-worn cameras
shall include specific measures for preventing unauthorized
access or release of recorded data.
``(17) Grantees shall have clear and consistent protocols
for releasing recorded data externally to the public and the
news media (or public disclosure policies). Each such policy
must be in compliance with any applicable State or Federal
public disclosure laws.
``(18) Body-worn camera training shall be required for all
grantee personnel who may use or otherwise be involved with
body-worn cameras.
``(19) The grantee shall collect statistical data
concerning body-worn camera usage, including when video footage
is used in criminal prosecutions and internal affairs matters
as well as when excessive force has been used.
``(20) The grantee shall conduct periodic reviews of
policies and protocols of the grantee pertaining to body-worn
cameras.
``SEC. 3034. ALLOCATION OF FUNDS.
``Funds available under this part shall be awarded to each
qualifying unit of local government with fewer than 100,000 residents.
Any remaining funds available under this part shall be awarded to other
qualifying applicants on a pro rata basis.
``SEC. 3035. MATCHING REQUIREMENTS.
``(a) Federal Share.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(b) Non-Federal Share.--The non-Federal share of payments made
under this part may be made in cash or in-kind fairly evaluated,
including planned equipment or services.''.
SEC. 4. ESTABLISHMENT OF TASK FORCE ON COMMUNITY POLICING AND BODY
CAMERA ACCOUNTABILITY.
There shall be established in the Department of Justice a task
force to do the following:
(1) The task force shall be created to provide
recommendations on community policing, including best practices
from communities where law enforcement and neighborhoods work
well together to create accountability and transparency.
(2) This task force shall provide a report to the Congress
by April 2015 the recommendations above.
(3) Membership shall include representatives of civil
rights organizations, Federal, State, and local law enforcement
personnel, and community policing experts.
(4) The task force shall develop proper body-worn camera
training protocol.
(5) The task force shall study the impact that citizen
review boards could have on investigating cases of alleged
police misconduct.
(6) Not later than 1 year after implementation of the body
camera requirement policy under section 3033 of title I of the
Omnibus Crime Control Act of 1968, the task force shall conduct
a survey to determine best practices and effectiveness of the
policy with findings to be reported back to the Congress.
SEC. 5. GAO REPORT ON PENTAGON'S 1033 PROGRAM.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Congress a
report on the Department of Defense Excess Personal Property Program
established pursuant to section 1033 of Public Law 104-201, the
``National Defense Authorization Act for Fiscal Year 1997'' that
includes information on--
(1) which jurisdictions equipment is sent to;
(2) the value of equipment sent to each jurisdiction;
(3) the level of training provided to officers; and
(4) how the equipment is used in the jurisdiction. | Camera Authorization and Maintenance Act of 2014 or the CAM Act of 2014 - Prohibits a state or local government that does not require its law enforcement officers to use body-worn cameras from receiving any grant from the Attorney General in the following fiscal year, subject to a financial hardship waiver. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to states, local governments, and Indian tribes for the acquisition, operation, and maintenance of body-worn cameras for law enforcement officers. Sets forth requirements for the wearing and use of such body cameras and for recordings made. Requires funds to be awarded to each qualifying local government with fewer than 100,000 residents, with any remaining funds awarded to other qualifying applicants on a pro rata basis. Establishes in the Department of Justice (DOJ) a task force to: provide recommendations on community policing; develop proper body-worn camera training protocol; study the impact that citizen review boards could have on investigating cases of alleged police misconduct; and conduct a survey, one year after implementation of the body camera requirement policy, to determine best practices and policy effectiveness. Directs the Comptroller General to submit a report on the Department of Defense Excess Personal Property Program that includes information on which jurisdictions equipment is sent to, the value of equipment sent to each jurisdiction, the level of training provided, and how the equipment is used. | {"src": "billsum_train", "title": "CAM Act of 2014"} | 2,239 | 312 | 0.631398 | 2.017889 | 0.769038 | 4.669065 | 7.723022 | 0.935252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grants for Renewable Energy
Education for the Nation Act'' or the ``GREEN Act''.
SEC. 2. CLEAN ENERGY CURRICULUM DEVELOPMENT GRANTS.
(a) Authorization.--The Secretary of Education is authorized to
award grants, on a competitive basis, to eligible partnerships to
develop programs of study (containing the information described in
section 122(c)(1)(A) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2342)), that are focused on emerging
careers and jobs in the fields of clean energy, renewable energy,
energy efficiency, climate change mitigation, and climate change
adaptation. The Secretary of Education shall consult with the Secretary
of Labor and the Secretary of Energy prior to the issuance of a
solicitation for grant applications.
(b) Eligible Partnerships.--For purposes of this section, an
eligible partnership shall include--
(1) at least 1 local educational agency eligible for
funding under section 131 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2351) or an area
career and technical education school or education service
agency described in such section;
(2) at least 1 postsecondary institution eligible for
funding under section 132 of such Act (20 U.S.C. 2352); and
(3) representatives of the community including business,
labor organizations, and industry that have experience in
fields as described in subsection (a).
(c) Application.--An eligible partnership seeking a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require. Applications shall
include--
(1) a description of the eligible partners and partnership,
the roles and responsibilities of each partner, and a
demonstration of each partner's capacity to support the
program;
(2) a description of the career area or areas within the
fields as described in subsection (a) to be developed, the
reason for the choice, and evidence of the labor market need to
prepare students in that area;
(3) a description of the new or existing program of study
and both secondary and postsecondary components;
(4) a description of the students to be served by the new
program of study;
(5) a description of how the program of study funded by the
grant will be replicable and disseminated to schools outside of
the partnership, including urban and rural areas;
(6) a description of applied learning that will be
incorporated into the program of study and how it will
incorporate or reinforce academic learning;
(7) a description of how the program of study will be
delivered;
(8) a description of how the program will provide
accessibility to students, especially economically
disadvantaged, low performing, and urban and rural students;
(9) a description of how the program will address placement
of students in nontraditional fields as described in section
3(20) of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2302(20)); and
(10) a description of how the applicant proposes to consult
or has consulted with a labor organization, labor management
partnership, apprenticeship program, or joint apprenticeship
and training program that provides education and training in
the field of study for which the applicant proposes to develop
a curriculum.
(d) Priority.--The Secretary shall give priority to applications
that--
(1) use online learning or other innovative means to
deliver the program of study to students, educators, and
instructors outside of the partnership; and
(2) focus on low performing students and special
populations as defined in section 3(29) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302(29)).
(e) Peer Review.--The Secretary shall convene a peer review process
to review applications for grants under this section and to make
recommendations regarding the selection of grantees. Members of the
peer review committee shall include--
(1) educators who have experience implementing curricula
with comparable purposes; and
(2) business and industry experts in fields as described in
subsection (a).
(f) Uses of Funds.--Grants awarded under this section shall be used
for the development, implementation, and dissemination of programs of
study (as described in section 122(c)(1)(A) of the Carl D. Perkins
Career and Technical Education Act (20 U.S.C. 2342(c)(1)(A))) in career
areas related to clean energy, renewable energy, energy efficiency,
climate change mitigation, and climate change adaptation.
SEC. 3. RENEWABLE ENERGY FACILITIES GRANTS.
(a) Authorization.--The Secretary of Education is authorized to
award grants, on a competitive basis, to eligible entities to promote
development of career and technical education facilities that are
energy efficient and promote the use of renewable energy practices.
(b) Eligible Entities.--For purposes of this section, eligible
entities include--
(1) a local education agency eligible for funding under
section 131 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2351) or an area career and
technical education school or education service agency
described under that section; or
(2) a postsecondary institution eligible for funding under
section 132 of such Act (20 U.S.C. 2352).
(c) Application.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
(d) Peer Review.--The Secretary shall convene a peer review process
to review applications for grants under this section and to make
recommendations regarding the selection of grantees. Members of the
peer review committee shall include--
(1) career and technical education administrators who have
experience with energy-efficient facilities and equipment; and
(2) business and industry experts who build and work in
renewable energy facilities.
(e) Use of Funds.--Grants awarded under this section shall be used
for--
(1) performing an evaluation of the sustainability aspects
of current facilities, unless such an evaluation has been
conducted prior to receiving a grant under this section;
(2) convening stakeholders, including organizations devoted
to the promotion and support of renewable energy activities, to
develop a plan to address needs identified in such an
evaluation, unless such a plan has already been developed prior
to receiving a grant under this section;
(3) initiating activities related to the construction,
operation, and improvement of facilities that promote the use
of renewable energy practices;
(4) purchasing energy-efficient machinery, technology, or
other physical equipment used as an educational tool to deliver
career and technical education courses;
(5) measuring the effectiveness of the new or improved
facilities and infrastructure, such as complying with existing
renewable energy standards; and
(6) communicating the lessons and practices learned from
the building upgrades to other institutions.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of
Education $100,000,000 to carry out the grant program established under
this Act. | Grants for Renewable Energy Education for the Nation Act or GREEN Act - Authorizes the Secretary of Education to award competitive grants to partnerships of local educational agencies (LEAs), postsecondary institutions, and clean and renewable energy industry representatives to develop programs of study focused on emerging careers and jobs in the fields of clean and renewable energy. Requires a priority be given to grant applications that: (1) use online learning or other innovative methods to deliver a program of study to individuals outside the partnership, and (2) focus on low-performing students and special populations. Authorizes the Secretary to award competitive grants to LEAs and postsecondary institutions to promote development of career and technical educational facilities that are energy efficient and use renewable energy practices. | {"src": "billsum_train", "title": "GREEN Act"} | 1,528 | 156 | 0.565485 | 1.554368 | 0.994886 | 3.15 | 10.264286 | 0.921429 |
SECTION 1. LIMITATION ON DISBURSEMENTS FROM THE EXCHANGE STABILIZATION
FUND TO CERTAIN COUNTRIES.
Section 5302 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(e) Limitation on Disbursements to Countries Not in Compliance
With Certain IMF Commitments.--
``(1) In general.--Notwithstanding any other provision of
this section and subject to paragraph (2), the Secretary of the
Treasury may not make any expenditure or loan, incur any other
obligation, or make any guarantee in excess of $500,000,000
through the stabilization fund, for the purpose of engaging in
a coordinated international rescue plan for any foreign entity
or any government of a foreign country, unless the Secretary
certifies to the Congress that such foreign country is meeting
its commitments to the International Monetary Fund with respect
to economic, market access, and financial reforms.
``(2) Aggregation rule.--For purposes of determining
whether the amount of any expenditure, loan, obligation, or
guarantee described in paragraph (1) with respect to any
foreign entity or government of a foreign country exceeds the
amount of the limitation imposed in such paragraph, the
Secretary of the Treasury shall take into account the aggregate
amount of all expenditures, loans, obligations, or guarantees
which have been made or incurred through the stabilization fund
with respect to such country for the purpose described in such
paragraph during the 6-month period preceding the date such
expenditure, loan, obligation, or guarantee is made or
incurred.''.
SEC. 2. REPORT TO THE CONGRESS ON ACTIONS BY THE UNITED STATES TO
MONITOR FOREIGN GOVERNMENT COMPLIANCE WITH COMMITMENTS
MADE TO THE IMF IN CONNECTION WITH FINANCIAL ASSISTANCE
PACKAGES.
(a) In General.--Not less frequently than semiannually, the
Secretary of the Treasury shall submit to the Congress a report on the
steps that the United States Government is taking to monitor the
compliance of foreign governments in Asia with commitments made to the
International Monetary Fund in connection with financial assistance
packages provided or arranged by the International Monetary Fund.
(b) Certain Matters To Be Included.--Each report required by
subsection (a) shall include--
(1) a description of the actions that the United States
Executive Director at the International Monetary Fund has taken
to ensure that the International Monetary Fund adequately and
effectively monitors and enforces the commitments referred to
in subsection (a); and
(2) a description of the actions that the Department of the
Treasury has taken, in coordination with actions of the Office
of the United States Trade Representative or the Department of
Commerce, to monitor and enforce the commitments.
SEC. 3. MONITORING OF EFFECTS OF THE ASIAN FINANCIAL CRISIS ON THE
UNITED STATES AND OTHER ECONOMIES.
(a) Commerce Department Report on Compliance by Asian Countries
With Obligations Under International Agreements.--In coordination with
the United States Trade Representative, the Secretary of Commerce shall
monitor the progress that countries in Asia receiving financial
assistance described in section 1 or 2 are making in implementing
commitments they have made under international agreements to provide
access to their markets for foreign goods and services. The Secretary
shall report to the Congress the results of such monitoring on a
bimonthly basis, beginning not later than 90 days after the date of the
enactment of this Act, until the financial assistance for each such
Asian country has been terminated. Each such report shall include the
following:
(1) A description of the progress made in resolving issues
in dispute in the investigation initiated by the United States
Trade Representative under section 301(b)(1) of the Trade Act
of 1974 on October 1, 1997, pursuant to section 310 of that
Act, in which tariff and nontariff barriers imposed by the
Republic of Korea were identified as denying United States and
other foreign automobiles access to markets in Korea.
(2) A description of the progress made by the Republic of
Korea in implementing its obligations under the United States-
Korea Memorandum of Understanding of 1995 concerning trade in
motor vehicles.
(3) A description of the extent to which Indonesia is
complying with its commitments to terminate benefits to its
``National Car'' program.
(4) A description of the degree to which the countries have
fully implemented reforms required by the International
Monetary Fund that are directed at corporate governance and
corporate structure, including--
(A) making nontransparent conglomerate practices
more transparent through the application of
internationally accepted accounting practices,
independent external audits, full disclosure, and provision of
consolidated statements; and
(B) ensuring that no government subsidized support
or tax privileges will be provided to prevent the
financial failure of individual corporations,
particularly in the semiconductor, steel, motor
vehicle, and paper industries.
(5) A description of the implementation of reform measures
required by the International Monetary Fund to deregulate and
privatize economic activity by ending domestic monopolies,
undertaking trade liberalization, and opening up restricted
areas of the economy to foreign investment and competition.
(6) A detailed description of the trade policies of the
countries, including any unfair trade practices or adverse
effects of the trade policies on the United States.
With regard to instances identified by the Secretary in which a country
in Asia addressed in the report has failed to implement its obligations
under international agreements to provide access to its markets for
foreign goods and services, the Secretary, together with the United
States Trade Representative, shall take appropriate action under the
laws of the United States and under international dispute settlement
procedures to enforce United States rights as a result of such failure.
(b) Commerce Department Report on Third Country Actions To Accept
Increased Asian Exports.--The Secretary of Commerce shall monitor
exports of goods and services from those countries in Asia receiving
financial assistance described in section 1 or 2 to determine the
degree to which Japan, the countries of the European Union, and other
major participants in the International Monetary Fund are opening their
markets to any increase in those exports. The Secretary shall report to
the Congress the results of such monitoring on a bimonthly basis,
beginning not later than 90 days after the date of the enactment of
this Act, until the financial assistance for each such Asian country
has been terminated. The Secretary, together with the Secretary of the
Treasury and the United States Trade Representative, shall take all
appropriate action that would result in those countries opening their
markets to exports from those Asian countries in order to more
equitably share the burden of responding to the financial crisis in
Asia.
(c) Commerce Department Report on Export Surges to the United
States.--The Secretary of Commerce shall monitor exports from those
countries in Asia receiving financial assistance described in section 1
or 2 to the United States to determine whether there is any significant
increase in exports to the United States due to fluctuations in
currency valuations, government subsidies, dumping, or transshipment
through third countries. In conducting such monitoring, the Secretary
shall take into account any outstanding antidumping and countervailing
duty determinations on imports from those Asian countries. The
Secretary shall report to the Congress the results of such monitoring
on a bimonthly basis, beginning not later than 90 days after the date
of the enactment of this Act, until the financial assistance for each
such Asian country has been terminated. The Secretary shall take
appropriate action under the laws of the United States where there is
evidence of dumping or subsidization causing injury to United States
industries.
(d) Consultation With Industry.--In carrying out the requirements
of this section, the Secretary shall consult with representatives of
import-sensitive United States industries for the purpose of sharing
and confirming information and views that are relevant to the
monitoring and reports required by this section.
(e) Report on Effect of Financial Assistance.--The Secretary of
Commerce, in consultation with the United States Trade Representative,
shall report to the Congress annually, beginning not later than one
year after the date of the enactment of this Act, concerning the extent
to which financial assistance described in section 1 or 2 is
contributing to economically sound financial, open market, trade, and
commercial relations between each country in Asia receiving such
assistance and other countries.
SEC. 4. FULL ENFORCEMENT OF TRADE LAW REMEDIES.
(a) Study.--To ensure the effectiveness of United States remedies
against dumped and subsidized imports, the Secretary of Commerce shall
conduct a study, in consultation with import-sensitive United States
industries, to determine the appropriate application of United States
antidumping and countervailing duty laws to imports from Asian
countries, in light of currency devaluations and financial assistance
described in section 1 or 2 that those countries have received. Such
study shall--
(1) determine the appropriate treatment of rapid
fluctuations in exchange rates that can severely reduce the
price of goods sold in an exporter's home market (when
converted to United States dollars) so that such fluctuations
do not undermine the effectiveness of United States antidumping
laws;
(2) determine the appropriate treatment under United States
countervailing duty laws of the difference between the interest
rates on government-induced low-interest loans and the interest
rates, if higher, that private lenders would demand for loans
to the foreign companies concerned, taking into account the
current levels of risk; and
(3) determine the appropriate treatment under United States
countervailing duty laws of subsidies received in the past,
even if the exporter or other producer of the subsidized
merchandise has been sold or privatized or has declared
bankruptcy.
(b) Report to Congress.--The Secretary of Commerce shall complete
the study conducted under subsection (a), and submit to the Congress a
report on the study, by not later than 6 months after the date of the
enactment of this Act.
SEC. 5. SUNSET.
The provisions of this Act shall cease to be effective 8 years
after the date of the enactment of this Act. | Amends Federal law governing the Department of the Treasury Exchange Stabilization Fund to prohibit the Secretary of the Treasury from making any expenditure or loan, incurring any other obligation, or making any guarantee over $500 million through the Fund for the purpose of engaging in a coordinated international rescue plan for any foreign entity or foreign government, unless the Secretary certifies to the Congress that such country is meeting its commitments to the International Monetary Fund (IMF) with respect to economic, market access, and financial reforms. Requires the Secretary to report semiannually to the Congress on Federal actions to monitor foreign governments in Asia with respect to their compliance with their commitments regarding IMF financial assistance packages.
Directs the Secretary of Commerce, in coordination with the United States Trade Representative, to monitor and report bimonthly to the Congress on the progress made by specified Asian countries regarding their international commitments to provide access to their markets for foreign goods and services.
Requires the Secretary of Commerce also to monitor exports from such countries to determine: (1) the degree to which major IMF participants, including Japan, are opening their markets to any export increases; and (2) whether there is any significant increase in exports to the United States due to currency fluctuations, government subsidies, dumping, or transshipment through third countries.
Requires the Secretary of Commerce to: (1) report annually to the Congress on the extent to which financial assistance is contributing to economically sound financial, open market, trade, and commercial relations between recipient Asian countries; and (2) study and report to the Congress on the appropriate application of Federal antidumping and countervailing duty laws to Asian imports in light of currency devaluations and IMF financial assistance packages. | {"src": "billsum_train", "title": "To impose certain limitations on disbursements from the Exchange Stabilization Fund to certain countries, and for other purposes."} | 2,114 | 357 | 0.629442 | 2.12838 | 0.820769 | 4.091743 | 6.110092 | 0.929664 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Capital Defense
Counsel Standards Act of 2002''.
SEC. 2. RIGHT TO LEGAL REPRESENTATION FOR INDIGENT DEFENDANTS.
(a) Preconviction Representation.--Notwithstanding any other
provision of law, a defendant in a criminal action in a State court,
which may result in punishment by death, who is or becomes financially
unable to obtain adequate representation or investigative, expert, or
other reasonably necessary services at any time--
(1) before judgment; or
(2) after the entry of a judgment imposing a sentence of
death, but before the execution of that judgment;
shall be entitled to the appointment of 1 or more attorneys and the
furnishing of such other services in accordance with the provisions of
this Act.
(b) Postconviction Representation.--In a postconviction proceeding
in which a defendant seeks to vacate or set aside a death sentence, a
defendant who is or becomes financially unable to obtain adequate
representation or investigative, expert, or other reasonably necessary
services shall be entitled to the appointment of 1 or more attorneys
and the furnishing of such other services in accordance with the
provisions of this Act.
SEC. 3. MINIMUM EXPERIENCE REQUIRED FOR DEFENSE COUNSEL.
(a) Prejudgment Appointment.--
(1) In general.--If the appointment of legal counsel under
this Act is made before judgment, at least 1 attorney so
appointed--
(A) must have been admitted to practice for not
less than 5 years in the court in which the prosecution
is to be tried; and
(B) must have not less than 3 years experience in
the actual trial of felony prosecutions in that court.
(2) Judicial appointment.--The court before which the
defendant is to be tried, or a judge thereof, shall promptly,
upon the request of the defendant, assign 2 attorneys to the
case.
(3) Expertise; accessibility.--At least 1 of the attorneys
assigned under paragraph (2)--
(A) shall be learned in the law applicable to
capital cases; and
(B) shall have free access to the accused at all
reasonable hours.
(4) Recommendation.--In assigning counsel under this
section, the court shall consider--
(A) the recommendation of the State public defender
organization, community defender organization, or
equivalent organization; or
(B) if no such organization exists in the relevant
jurisdiction, the administrative office of the local
court or any governmental entity, bar association, or
organization with knowledge regarding the skills and
qualifications of local defense counsel.
(5) Witnesses.--The court shall allow a defendant, under
this Act, to produce lawful witnesses to testify in support of
the defendant, and shall compel such witnesses to appear at
trial in the same manner that witnesses are compelled to appear
on behalf of the prosecution.
(b) Postjudgment Appointment.--If the appointment is made after
judgment, at least 1 attorney appointed shall--
(1) have been admitted to practice for not less than 5
years in the appropriate State appellate court;
(2) have not less than 3 years experience in the handling
of felony appeals in that court; and
(3) be learned in the law applicable to capital cases.
(c) Learned Standard.--In determining whether an attorney is
learned in the law of capital cases under this section, the State court
shall apply the standard used in the courts of the United States.
SEC. 4. ADEQUATE REPRESENTATION.
(a) Appointment of Substitute Counsel.--With respect to this
section, the court, for good cause, may appoint another attorney whose
background, knowledge, or experience would otherwise enable the
attorney to properly represent the defendant, with due consideration to
the seriousness of the possible penalty and to the unique and complex
nature of the litigation.
(b) Scope of Legal Representation.--Unless replaced by similarly
qualified counsel upon the motion of the attorney or the defendant,
each attorney appointed under this Act shall represent the defendant
throughout every stage of available judicial proceedings, including--
(1) pretrial motions and procedures;
(2) competency proceedings;
(3) trial;
(4) sentencing;
(5) executive and other clemency proceedings;
(6) motions for new trial;
(7) appeals;
(8) applications for stays of execution; and
(9) applications for writ of certiorari to the Supreme
Court of the United States.
(c) Additional Services.--
(1) In general.--Upon a finding that investigative, expert,
or other services are reasonably necessary for the
representation of the defendant, whether in connection with
issues relating to guilt or the sentence, the court may
authorize the attorneys for the defendant to obtain such
services on behalf of the defendant and, if so authorized,
shall order the payment of fees and expenses for such services
pursuant to section 5.
(2) Ex parte communications.--No ex parte proceeding,
communication, or request may be considered under this section
unless a proper showing is made concerning the need for
confidentiality. Any such proceeding, communication, or request
shall be transcribed and made a part of the record available
for appellate review.
SEC. 5. ATTORNEY FEES AND COSTS.
(a) Attorney Fees.--Compensation shall be paid to attorneys
appointed under this Act at a rate equivalent to that of attorneys
representing defendants in Federal capital cases under section
408(q)(10)(A) of the Controlled Substances Act (21 U.S.C.
848(q)(10)(A)).
(b) Additional Expenses.--Fees and expenses paid for investigative,
expert, and other reasonably necessary services authorized under this
section shall be equivalent to fees paid in Federal capital cases under
section 408(q)(10)(B) of the Controlled Substances Act (21 U.S.C.
848(q)(10)(B)).
(c) Public Disclosure.--The amounts paid for services under this
section shall be disclosed to the public, after the disposition of the
petition.
SEC. 6. IRREBUTTABLE PRESUMPTION OF DEFICIENT PERFORMANCE.
(a) In General.--In a proceeding in Federal court under section
2254 of title 28, United States Code, the failure to comply with the
procedures of this Act shall create an irrebuttable presumption that
the performance of the counsel for the petitioner was deficient.
(b) Entitlement to Relief; Burden of Proof; Standard of Review.--A
petitioner is not entitled to relief unless the petitioner shows that
the result of the proceeding would have been different if the
performance of the counsel for the petitioner had not been deficient.
The party opposing the petition has the burden of establishing that the
standards in this section have been met. The court shall conduct a de
novo review to settle this issue.
(c) Other Remedies.--The provisions of this section are not
intended to limit any other Federal or State court from enforcing this
section by any other appropriate remedy. | Capital Defense Counsel Standards Act of 2002 - Entitles a defendant in a State capital case who is financially unable to obtain adequate representation or investigative, expert, or other necessary services before or after judgment or in a post-conviction proceeding to appointment of one or more attorneys and provision of such services.Sets forth minimum experience requirements for prejudgment and post-judgment appointed attorneys, including five years of practice in the court in which the prosecution is to be tried or in the appellate court, three years of experience in the actual trial of felony prosecutions or in the handling of felony appeals, and being learned in the law applicable to capital cases.Requires each appointed attorney, unless replaced by similarly qualified counsel, to represent the defendant throughout every stage of available judicial proceedings.Sets forth provisions regarding ex parte communications and attorney fees and costs.Declares that failure in a Federal court proceeding to comply with this Act's procedures creates an irrebuttable presumption that the performance of petitioner's counsel was deficient. Denies a petitioner relief unless he or she shows that the result of the proceeding would have been different if such performance had not been deficient. | {"src": "billsum_train", "title": "A bill to ensure that indigent death penalty defendants in State courts receive adequate legal representation, and for other purposes."} | 1,570 | 264 | 0.558964 | 1.709104 | 0.870861 | 3.361111 | 6.37963 | 0.87963 |
SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERVICE ACT.
(a) Repeal.--The Military Selective Service Act (50 U.S.C. App. 451
et seq.) is repealed.
(b) Transfers in Connection With Repeal.--Notwithstanding the
proviso in section 10(a)(4) of the Military Selective Service Act (50
U.S.C. App. 460(a)(4)), the Office of Selective Service Records shall
not be reestablished upon the repeal of such Act. The assets,
contracts, property, and records held by the Selective Service System,
and the unexpended balances of any appropriations available to the
Selective Service System, shall be transferred to the Administrator of
General Services upon the repeal of such Act. The Director of the
Office of Personnel Management shall assist officers and employees of
the Selective Service System to transfer to other positions in the
executive branch.
(c) Conforming Amendments.--
(1) Title 5.--Title 5, United States Code, is amended as
follows:
(A) By striking out section 3328.
(B) In the table of sections at the beginning of
chapter 33, by striking out the item relating to
section 3328.
(C) In section 5102(b), by striking out ``,
including positions'' and all that follows through
``those positions''.
(2) Title 8.--The Immigration and Nationality Act (8 U.S.C.
1101 et seq.) is amended as follows:
(A) In section 101(a)(19) (8 U.S.C. 1101(a)(19))--
(i) by striking out ``section 3(a) of the
Selective Training and Service Act of 1940, as
amended (54 Stat. 885; 55 Stat. 844), or under
section 4(a) of the Selective Service Act of
1948, as amended (62 Stat. 605; 65 Stat. 76) or
under''; and
(ii) by striking ``sections or''.
(B) In section 245A(a)(4) (8 U.S.C. 1255a(a)(4))--
(i) by adding ``and'' at the end of
subparagraph (B);
(ii) by striking out ``, and'' at the end
of subparagraph (C) and inserting in lieu
thereof a period; and
(iii) by striking out subparagraph (D).
(C) In section 315(b) (8 U.S.C. 1426(b)), by
inserting ``former'' before ``Selective Service
System''.
(3) Title 10.--Title 10, United States Code, is amended as
follows:
(A) In section 513--
(i) in subsection (a), by striking out
``(except as provided in subsection (c))'';
(ii) by striking out subsection (c); and
(iii) by redesignating subsection (d) as
subsection (c).
(B) In section 523(b), by striking out paragraph
(7).
(C) In section 641(1)--
(i) by inserting ``or'' at the end of
subparagraph (E);
(ii) by striking out subparagraph (F); and
(iii) by redesignating subparagraph (G) as
subparagraph (F).
(D) In section 651(a), by striking out ``, other
than a person deferred under the next to the last
sentence of section 6(d)(1) of the Military Selective
Service Act (50 U.S.C App. 456(d)(1))''.
(E) In section 1475(a)(5), by striking out ``who--
'' and all that follows through the period and
inserting in lieu thereof ``who has been provisionally
accepted for that duty.''.
(F) In section 12103(b), by striking out ``, and
who is not under orders to report for induction into an
armed force under the Military Selective Service Act
(50 U.S.C. App. 451 et seq.),''.
(G) In section 12103(d), by striking out ``and who
is not under orders to report for induction into an
armed force under the Military Selective Service Act
(50 U.S.C. App. 451 et seq.), except as provided in
section 6(c)(2)(A) (ii) and (iii) of such Act,''.
(H) In section 12104(a)--
(i) by striking out ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),'' in the first sentence; and
(ii) by striking out ``or under the
Military Selective Service Act (50 U.S.C. App.
451 et seq.)'' in the third sentence.
(I) In section 12208(a)--
(i) by striking out ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),'' in the first sentence; and
(ii) by striking out ``or under the
Military Selective Service Act (50 U.S.C. App.
451 et seq.)'' in the third sentence.
(J) In section 12647--
(i) by striking out ``who is assigned to
the Selective Service System or'';
(ii) by striking out ``assignment or''; and
(iii) in the section heading, by striking
out ``assigned to the Selective Service System
or''.
(K) In the table of sections at the beginning of
chapter 1219, by striking out the item relating to
section 12647 and inserting in lieu thereof the
following new item:
``12647. Commissioned officers: retention in active status while
serving as United States property and
fiscal officers.''.
(4) Title 22.--Section 23 of the Peace Corps Act (22 U.S.C.
2520) is repealed.
(5) Title 26.--Section 3121(n)(5) of the Internal Revenue
Act of 1986 (26 U.S.C. 3121(n)(5)) is amended by striking out
``service--'' and all that follows through ``or air service;''
and inserting in lieu thereof ``service who has been
provisionally accepted for such duty;''.
(6) Title 29.--The Job Training Partnership Act (29 U.S.C.
1501 et seq.) is amended as follows:
(A) In section 426 (29 U.S.C. 1696)--
(i) by striking out subsection (b); and
(ii) by redesignating subsections (c) and
(d) as subsections (b) and (c), respectively.
(A) By striking out section 604 (29 U.S.C. 1504).
(7) Title 37.--Title 37, United States Code, is amended as
follows:
(A) In section 209(a), by striking out the last
sentence.
(B) In section 308e(1)--
(i) in subparagraph (A), by striking out
``or under section 6(d)(1) of the Military
Selective Service Act (50 U.S.C. App.
456(d)(1))''; and
(ii) in subparagraph (B), by striking out
``or section 6(d)(1) of the Military Selective
Service Act (50 U.S.C. App. 456(d)(1))''.
(8) Title 42.--(A) Section 210(m)(5) of the Social Security
Act (42 U.S.C. 410(m)(5)) is amended by striking out
``service--'' and all that follows through ``or air service;''
and inserting in lieu thereof ``service who has been
provisionally accepted for such duty;''.
(B) Section 1007(b) of the Legal Services Corporation Act
(42 U.S.C. 2996f(b)) is amended by striking out paragraph (10)
and inserting in lieu thereof the following new paragraph:
``(10) to provide legal assistance with respect to any
proceeding or litigation arising out of desertion from the
Armed Forces.''.
(d) Effective Date.--This Act, and the amendments made by this Act,
shall take effect 180 days after the date of the enactment of this Act. | Repeals the Military Selective Service Act. States that, notwithstanding provisions of such Act, the Office of Selective Service Records shall not be reestablished upon such repeal.
Transfers assets, contracts, property, and records held by the Selective Service System, as well as unexpended appropriations, to the Administrator of General Services. | {"src": "billsum_train", "title": "To repeal the Military Selective Service Act."} | 1,957 | 75 | 0.603552 | 1.495354 | 1.226932 | 5.311475 | 26.327869 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Payments Sunshine Act of
2007''.
SEC. 2. QUARTERLY TRANSPARENCY REPORTS FROM MANUFACTURERS OF COVERED
DRUGS, DEVICES, OR MEDICAL SUPPLIES UNDER MEDICARE,
MEDICAID, OR SCHIP.
Part A of title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by inserting after section 1128F the following new
section:
``SEC. 1128G. QUARTERLY TRANSPARENCY REPORTS FROM MANUFACTURERS OF
COVERED DRUGS, DEVICES, OR MEDICAL SUPPLIES UNDER
MEDICARE, MEDICAID, OR SCHIP.
``(a) Reporting of Payments or Other Transfer of Value.--On January
1, 2008, and the first day of each fiscal year quarter beginning
thereafter, each manufacturer of a covered drug, device, or medical
supply who provides a payment or other transfer of value, directly,
indirectly, or through an agent, subsidiary, or other third party, to a
physician, or to an entity that a physician is employed by, has tenure
with, or has an ownership interest in, shall submit to the Secretary,
in such electronic form as the Secretary shall require, the following:
``(1) The name of the physician, and if a payment or other
transfer of value was provided to an entity that the physician
is employed by, has tenure with, or has an ownership interest
in, the entity.
``(2) The address of--
``(A) the physician's office; and
``(B) in the case of an entity required to be named
under paragraph (1), the primary place of business or
headquarters for the entity.
``(3) The facility with which the physician is affiliated,
if any.
``(4) The value of the payment or other transfer of value.
``(5) The date on which the payment or other transfer of
value was provided.
``(6) A description of the nature of the payment or other
transfer of value, indicated (as appropriate for all that
apply) as--
``(A) compensation;
``(B) food, entertainment, or gifts;
``(C) trips or travel;
``(D) a product or other item provided for less
than market value;
``(E) participation in a medical conference,
continuing medical education, or other educational or
informational program or seminar, provision of
materials related to such a conference or educational
or informational program or seminar, or remuneration
for promoting or participating in such a conference or
educational or informational program or seminar;
``(F) product rebates or discounts;
``(G) consulting fees or honoraria; or
``(H) any other economic benefit, as defined by the
Secretary.
``(7) The medical issue or condition addressed, if any,
that was the basis for the payment or transfer.
``(b) Annual Summary Report.--Each manufacturer of a covered drug,
device, or medical supply that is required to submit information under
subsection (a) during a year shall submit a report to the Secretary not
later than December 31 of the year that summarizes, in such electronic
form as the Secretary shall specify, each submission of information
under subsection (a) made by the manufacturer during the year.
``(c) Penalty for Noncompliance.--Any manufacturer of a covered
drug, device, or medical supply that fails to submit information
required under subsection (a) or (b) in accordance with regulations
promulgated to carry out such subsection, shall be subject to a civil
money penalty of not less than $10,000, but not more than $100,000, for
each such failure. Such penalty shall be imposed and collected in the
same manner as civil money penalties under subsection (a) of section
1128A are imposed and collected under that section.
``(d) Public Availability.--Not later than June 1, 2008, the
Secretary shall establish procedures to ensure that the information
reported under subsection (a) and the summary reports submitted under
subsection (b) are readily accessible to the public through an Internet
website that is easily searchable, downloadable, and understandable.
``(e) Report to Congress.--Not later than April 1 of each year
beginning with 2009, the Secretary shall submit to Congress a report
that includes the following:
``(1) The information submitted under subsections (a) and
(b) during the preceding year, aggregated for each manufacturer
of a covered drug, device, or medical supply that submitted
such information during such year.
``(2) A description of any enforcement actions taken to
carry out this section, including any penalties imposed under
subsection (c), during the preceding year.
``(f) Definitions.--In this section:
``(1) Covered drug, device, or medical supply.--The term
`covered drug, device, or medical supply' means any drug,
biological product, device, or medical supply for which payment
is available under title XVIII or a State plan under title XIX
or XXI (or a waiver of such a plan).
``(2) Manufacturer of a covered drug, device, or medical
supply.--The term `manufacturer of a covered drug, device, or
medical supply' means any entity with annual gross revenues
that exceed $100,000,000, which is engaged in--
``(A) the production, preparation, propagation,
compounding, conversion, or processing of a covered
drug, device, or medical supply; or
``(B) the packaging, repackaging, labeling,
relabeling, or distribution of a covered drug, device,
or medical supply.
``(3) Payment or other transfer of value.--
``(A) In general.--The term `payment or other
transfer of value' means a transfer of anything of
value that exceeds $25, and includes any compensation,
gift, honorarium, speaking fee, consulting fee, travel,
discount, cash rebate, or services.
``(B) Exclusions.--Such term does not include the
following:
``(i) Product samples that are intended for
patients.
``(ii) A payment or other transfer of value
made for the general funding of a clinical
trial.
``(iii) A transfer of anything of value to
a physician when the physician is a patient and
not acting in his or her professional capacity.
``(4) Physician.--The term `physician' has the meaning
given that term in section 1861(r).''. | Physician Payments Sunshine Act of 2007 - Amends part A of title XI of the Social Security Act to require quarterly transparency reports to the Secretary of Health and Human Services of payments to physicians or their employers by manufacturers of covered drugs, devices, or medical supplies under titles XVIII (Medicare), XIX (Medicaid), or XXI (State Children's Health Insurance Program (SCHIP)) of the Social Security Act. | {"src": "billsum_train", "title": "A bill to amend title XI of the Social Security Act to provide for transparency in the relationship between physicians and manufacturers of drugs, devices, or medical supplies for which payment is made under Medicare, Medicaid, or SCHIP."} | 1,475 | 99 | 0.563465 | 1.421204 | 0.681246 | 3.4875 | 17.1125 | 0.8625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Vehicle Industry
Competitiveness Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) A strong United States motor vehicle sector is critical
to our international competitiveness and to the health of our
industrial base.
(2) The United States motor vehicle and motor vehicle parts
industries directly employ 1,200,000 workers in high-paying
jobs, and indirectly support another million jobs in supplier
industries.
(3) The United States motor vehicle industry accounts for
4.5 percent of the Gross National Product, 77 percent of the
total consumption of the natural rubber industry, 67 percent of
the lead industry, 40 percent of the machine tool industry, 25
percent of the glass industry, 20 percent of the semiconductor
industry, 18 percent of the aluminum industry, and 12 percent
of the steel industry. The United States motor vehicle industry
also accounts for 12.4 percent of all corporate research and
development.
(4) United States motor vehicle makers have experienced
serious financial difficulty over the past several years, with
the Big Three losing $8,000,000,000 in 1991 alone. Hundreds of
United States motor vehicle parts companies have gone out of
business in the last several years, and tens of thousands of
United States motor vehicle parts workers have lost their jobs.
(5) The problems facing the United States motor vehicle
sector are reflected in the trade deficit of that sector with
Japan, which exceeded $30,000,000,000 in 1991 and accounted for
almost half of the entire United States world trade deficit.
(6) Despite years of negotiations through the MOSS process,
United States motor vehicle parts companies have been excluded
from the Japanese market, where they account for less than 1
percent of all sales. This trade imbalance, which has been
caused in part by Japanese structural barriers such as
keiretsu, poses a threat to the health of the United States
motor vehicle parts industry, as well as to the many United
States industries that supply the motor vehicle parts industry.
(7) High health care costs have a significant impact of the
competitiveness of United States motor vehicle makers. The Big
Three must pass along to consumers as much as $700 more per car
in health care costs than Japanese companies.
(8) Worldwide excess capacity in the motor vehicle industry
of several million units has put further pressure on the United
States market and the United States motor vehicle industry.
(9) Clear, broad-based government economic, trade, health
and United States tax policies are needed to improve the
competitiveness of the United States motor vehicle sector and
to stem further job losses in these industries.
SEC. 3. MOTOR VEHICLE INDUSTRY COMPETITIVENESS COMMISSION.
(a) Establishment.--There is established the Motor Vehicle Industry
Competitiveness Commission (hereinafter in this section referred to as
the ``Commission'').
(b) Functions.--
(1) Investigation and study.--The Commission shall make a
complete investigation and study of the financial condition of
the domestic motor vehicle sector, including the laws,
regulations, and foreign trade barriers that pose impediments
to its competitiveness.
(2) Policy recommendations.--Based on the results of the
investigation and study required to be conducted under
paragraph (1), the Commission shall recommend to the President
and Congress those policies that need to be adopted to--
(A) achieve the national goal of a strong and
competitive motor vehicle sector;
(B) facilitate the sales of United States-made
motor vehicles and motor vehicle parts by improving
competitiveness at home and opening markets abroad;
(C) reduce the motor vehicle sector trade deficit
with foreign countries, particularly Japan;
(D) implement an industry-wide health care plan
that helps relieve the burden of excessive health care
costs on the motor vehicle and motor vehicle parts
industries; and
(E) promote job growth in the motor vehicle sector.
(3) Specific issues.--In carrying out paragraph (1), the
Commission shall specifically investigate and study the
following:
(A) The current financial condition of the motor
vehicle industry and how the industry's financial
condition is likely to change over the next 5 years,
including--
(i) the profits or losses likely to be
achieved by United States motor vehicle sector
manufacturers (which term, for purposes of this
Act, means motor vehicle manufacturers and
motor vehicle parts manufacturers) over the
next 5 years, and
(ii) the market share gains or losses
likely to be achieved by United States motor
vehicle manufacturers in the United States and
key markets abroad over the next 5 years.
(B) The foreign barriers to export or foreign
investment by United States motor vehicle sector
manufacturers, especially in Japan.
(C) The extent to which health care costs impede
the competitiveness of United States motor vehicle
sector manufacturers.
(D) The extent to which the United States tax laws
impede the competitiveness of United States motor
vehicle sector manufacturers.
(E) Whether the Federal Government should take any
action with respect to United States trade or antitrust
laws to open foreign markets to United States motor
vehicle products, to open ``transplant'' facilities in
the United States to United States motor vehicle parts,
or to make the United States motor vehicle sector more
competitive.
(F) Whether the policies and strategies of the
Federal Government have adequately addressed the
competitiveness needs of the United States motor
vehicle industry.
(G) The potential impact of trade agreements or
trade negotiations on employment in the United States
industry.
(H) The impact on the competitiveness of the United
States motor vehicle industry of the 1989 Department of
the Treasury ruling classifying multipurpose vehicles
as cars instead of light trucks.
(I) The impact of agreements involving other
countries, including the European Community-Japan motor
vehicle market-share arrangement, on the
competitiveness of the United States motor vehicle
industry.
(J) Whether the Federal Government should take any
legislative or administrative actions to improve the
financial conditions of the United States motor vehicle
industry.
(K) The extent to which the manufacturing programs
of the Federal Government, including those at the
National Institute of Technology, of the Department of
Commerce, can be better utilized to make the United
States motor vehicle industry more competitive.
(c) Membership.--
(1) Appointment.--The Commission shall be composed of 15
members as follows:
(A) 3 members appointed by the President.
(B) 3 members appointed by the Speaker of the House
of Representatives.
(C) 3 members appointed by the majority leader of
the Senate.
(D) 3 members appointed by the minority leader of
the House of Representatives.
(E) 3 members appointed by the Senate Republican
Leader of the Senate.
(2) Qualifications.--Appointments under paragraph (1) shall
be made from among individuals who are experts in motor vehicle
trade and economic policy, including individuals from
organizations representing United States motor vehicle sector
manufacturers and employees of those manufacturers and from the
Federal, State, and local governments.
(3) Terms.--Members shall be appointed for the life of the
Commission.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Pay.--Members shall serve without pay.
(6) Chairman.--The Chairman of the commission shall be
elected by the members.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) Staff Assistance From Federal Agencies.--Upon request of the
Commission, the head of any department or agency of the Untied States
may detail any of the personnel of that department or agency to the
Commission to assist it in carrying out its functions under this Act.
(b) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services may provide the
Commission with the administrative support services necessary for the
Commission to carry out its functions under this Act.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information (other
than information required by any statute of the United States to be
kept confidential by such department or agency) necessary for the
Commission to carry out its duties under this section. Upon request of
the Commission, the head of that department or agency shall furnish
such nonconfidential information to the Commission.
(d) Report.--Not later than six months after the date on which the
initial appointment of the members of the Commission is completed, the
Commission shall transmit to the President and Congress a report on the
activities of the Commission, including the recommendations required
under section 3(b)(2).
(e) Termination.--The Commission shall terminate on the one hundred
and eightieth day following the date of transmittal of the report under
subsection (d). All records and papers of the Commission shall
thereupon be delivered by the Administrator of General Services for
deposit in the National Archives. | Motor Vehicle Industry Competitiveness Act - Establishes the Motor Vehicle Industry Competitiveness Commission to study, and make policy recommendations to the President and the Congress, with respect to the financial condition of the domestic motor vehicle industry, including the laws, regulations, and foreign trade barriers that pose impediments to its competitiveness. | {"src": "billsum_train", "title": "Motor Vehicle Industry Competitiveness Act"} | 1,822 | 67 | 0.468572 | 1.305437 | 0.628503 | 3.929825 | 32.175439 | 0.982456 |
SECTION 1. PAYMENT OF INSURANCE PROCEEDS TO AN ALTERNATE BENEFICIARY
WHEN FIRST BENEFICIARY CANNOT BE IDENTIFIED.
(a) NSLI.--Section 1917 of title 38, United States Code, is amended
by adding at the end the following new subsection:
``(f)(1) Following the death of the insured--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance proceeds does not make a claim for
such payment within two years after the death of the insured,
payment of the proceeds may be made to another beneficiary
designated by the insured, in the order of precedence as
designated by the insured, as if the first beneficiary had
predeceased the insured; and
``(B) if within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment of the
insurance proceeds may (notwithstanding any other provision of
law) be made to such person as may in the judgment of the
Secretary be equitably entitled to the proceeds of the policy.
``(2) Payment of insurance proceeds under paragraph (1) shall be a
bar to recovery by any other person.''.
(b) USGLI.--Section 1951 of such title is amended--
(1) by inserting ``(a)'' before ``United States
Government''; and
(2) by adding at the end the following new subsection:
``(b)(1) Following the death of the insured--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance proceeds does not make a claim for
such payment within two years after the death of the insured,
payment of the proceeds may be made to another beneficiary
designated by the insured, in the order of precedence as
designated by the insured, as if the first beneficiary had
predeceased the insured; and
``(B) if within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment of the
insurance proceeds may (notwithstanding any other provision of
law) be made to such person as may in the judgment of the
Secretary be equitably entitled to the proceeds of the policy.
``(2) Payment of insurance proceeds under paragraph (1) shall be a
bar to recovery by any other person.''.
(c) Transition Provision.--In the case of a person insured under
subchapter I or II of chapter 19 of title 38, United States Code, who
dies before the date of the enactment of this Act, the two-year and
four-year periods specified in subsection (f)(1) of section 1917 of
title 38, United States Code, as added by subsection (a), and
subsection (b)(1) of section 1951 of such title, as added by subsection
(b), shall for purposes of the applicable subsection be treated as
being the two-year and four-year periods, respectively, beginning on
the date of the enactment of this Act.
SEC. 2. NATIVE AMERICAN VETERAN HOUSING LOAN PILOT PROGRAM.
(a) Extension of Native American Veteran Housing Loan Pilot
Program.--Section 3761(c) of title 38, United States Code, is amended
by striking ``2001'' and inserting ``2005''.
(b) Authorization of the Use of Certain Federal Memorandums of
Understanding.--Section 3762(a)(1) of such title is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``and'' after the semicolon and inserting
``or''; and
(3) by adding at the end the following:
``(B) the tribal organization that has jurisdiction over
the veteran has entered into a memorandum of understanding with
any department or agency of the United States with respect to
direct housing loans to Native Americans that the Secretary
determines--
``(i) contemplates loans made under this
subchapter; and
``(ii) substantially complies with the requirements
of subsection (b); and''.
(c) Modification of Loan Assumption Notice Requirement.--Section
3714(d) of such title is amended to read as follows:
``(d) With respect to a loan guaranteed, insured, or made under
this chapter, the Secretary shall provide, by regulation, that at least
one instrument evidencing either the loan or the mortgage or deed of
trust therefor, shall conspicuously contain, in such form as the
Secretary shall specify, a notice in substantially the following form:
`This loan is not assumable without the approval of the Department of
Veterans Affairs or its authorized agent'.''.
SEC. 3. ELIMINATION OF REQUIREMENT FOR PROVIDING A COPY OF NOTICE OF
APPEAL TO THE SECRETARY.
(a) Repeal.--Section 7266 of title 38, United States Code, is
amended by striking subsection (b).
(b) Conforming Amendments.--Such section is further amended--
(1) by striking ``(1)'' after ``(a)'';
(2) by redesignating paragraph (2) as subsection (b);
(3) by redesignating paragraph (3) as subsection (c) and
redesignating subparagraphs (A) and (B) thereof as paragraphs
(1) and (2); and
(4) by redesignating paragraph (4) as subsection (d) and by
striking ``paragraph (3)(B)'' therein and inserting
``subsection (c)(2)''. | Authorizes the payment of proceeds following the death of the insured under the National Life Insurance Program and the United States Government Life Insurance Program: (1) to another beneficiary designated by the insured, if the first beneficiary does not make a claim for such insurance within two years; or (2) to any person designated by the Secretary of Veterans Affairs to be equitably entitled to such proceeds, if no claim has been filed by any designated beneficiary within four years.Extends through December 31, 2005, the Native American Veteran housing loan pilot program. Authorizes the Secretary to make a direct housing loan to such a veteran if the tribal organization having jurisdiction over such veteran has entered into a memorandum of understanding with any Federal department or agency with respect to such loans. Revises the loan assumption notice requirement.Eliminates the requirement of providing the Secretary with a copy of a notice of appeal of a decision by the Court of Veterans Appeals. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to authorize the payment of National Service Life Insurance and United States Government Life Insurance proceeds to an alternate beneficiary when the first beneficiary cannot be identified, to improve and extend the Native American veteran housing loan pilot program, and to eliminate the requirement to provide the Secretary of Veterans Affairs a copy of a notice of appeal to the Court of Appeals for Veterans Claims."} | 1,282 | 203 | 0.551744 | 1.67843 | 0.802533 | 2.882022 | 6.494382 | 0.91573 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Police Creating Accountability by
Making Effective Recording Available Act of 2017'' or the ``Police
CAMERA Act of 2017''.
SEC. 2. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART MM--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS
AND RECORDED DATA
``SEC. 3031. GRANT PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
(in this section referred to as the `Director') may make grants to
States, units of local government, and Indian tribes to purchase or
lease body-worn cameras for use by State, local, and tribal law
enforcement officers (as defined in section 2503) and expenses related
to the implementation of a body-worn camera program in order to deter
excessive force, improve accountability and transparency of use of
force by law enforcement officers, assist in responding to complaints
against law enforcement officers, and improve evidence collection.
``(b) Duration of Grants.--
``(1) In general.--Grants awarded under this part shall be
2 years in duration.
``(2) Disbursement of grant amount.--In disbursing a grant
awarded to an entity under this section--
``(A) upon awarding the grant to the entity, the
Director shall disburse 50 percent of the total grant
amount to the entity; and
``(B) upon demonstration by the entity of
completion of the requirements in subsection (d)(1),
the Director shall disburse the remaining 50 percent of
the total grant amount to the entity.
``(c) Use of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for--
``(A) the purchase or lease of body-worn cameras
for law enforcement officers on patrol in the
jurisdiction of the grantee;
``(B) any costs relating to the implementation of a
body-worn camera program, including law enforcement
officer training or the storage, maintenance, or
security of recorded data collected under a body-worn
camera program; or
``(C) implementing policies or procedures to comply
with the requirements described in subsection (d).
``(d) Requirements.--
``(1) In general.--The Director shall award a grant under
this section to a State, unit of local government, or Indian
tribe requesting the grant that commits to--
``(A) establishing policies and procedures in
accordance with the requirements described in paragraph
(2) before law enforcement officers use of body-worn
cameras;
``(B) adopting recorded data collection and
retention protocols as described in paragraph (3)
before law enforcement officers use of body-worn
cameras;
``(C) making the policies and protocols described
in subparagraphs (A) and (B) available to the public;
and
``(D) complying with the requirements for use of
recorded data under paragraph (5).
``(2) Required policies and procedures.--An entity
receiving a grant under this section shall--
``(A) develop with community input and publish for
public view policies and protocols for--
``(i) the safe and effective use of body-
worn cameras;
``(ii) the secure storage, handling, and
destruction of recorded data collected by body-
worn cameras;
``(iii) protecting the privacy rights of
any individual who may be recorded by a body-
worn camera;
``(iv) the release of any recorded data
collected by a body-worn camera in accordance
with the open records laws, if any, of the
State; and
``(v) making recorded data available to
prosecutors, defense attorneys, and other
officers of the court in accordance with
paragraph (5); and
``(B) conduct periodic evaluations of the security
of the storage and handling of the body-worn camera
data.
``(3) Recorded data collection and retention protocol.--The
recorded data collection and retention protocol described in
this paragraph is a protocol that--
``(A) requires--
``(i) a law enforcement officer who is
wearing a body-mounted camera to provide an
explanation if an activity that is required to
be recorded by the body-mounted camera is not
recorded;
``(ii) a law enforcement officer who is
wearing a body-mounted camera to obtain consent
to be recorded from a crime victim or witness
before interviewing the victim or witness;
``(iii) the collection of recorded data
unrelated to a legitimate law enforcement
purpose be minimized to the greatest extent
practicable;
``(iv) the system used to store recorded
data collected by body-worn cameras shall log
all viewing, modification, or deletion of
stored recorded data and shall prevent, to the
greatest extent practicable, the unauthorized
access or disclosure of stored recorded data;
``(v) any law enforcement officer be
prohibited from accessing the stored data
without an authorized purpose; and
``(vi) the law enforcement agency to
collect and report statistical data on--
``(I) incidences of use of force,
disaggregated by race, ethnicity,
gender, and age of the victim;
``(II) the number of complaints
filed against law enforcement officers;
``(III) the disposition of
complaints filed against law
enforcement officers;
``(IV) the number of times camera
footage is used for evidence collection
in investigations of crimes; and
``(V) any other additional
statistical data that the Director
determines should be collected and
reported;
``(B) allows an individual to file a complaint with
a law enforcement agency relating to the improper use
of body-worn cameras; and
``(C) complies with any other requirements
established by the Director.
``(4) Reporting.--Statistical data required to be collected
under paragraph (3)(A)(vi) shall be reported to the Director,
who shall--
``(A) establish a standardized reporting system for
statistical data collected under this program; and
``(B) establish a national database of statistical
data recorded under this program.
``(5) Use or transfer of recorded data.--
``(A) In general.--Recorded data collected by an
entity receiving a grant under this section from a
body-mounted camera shall be used only in internal and
external investigations of misconduct by a law
enforcement agency or officer, if there is reasonable
suspicion that a recording contains evidence of a
crime, or for limited training purposes. The Director
shall establish rules to ensure that the recorded data
is used only for the purposes described in this
subparagraph.
``(B) Prohibition on transfer.--Except as provided
in subparagraph (C), an entity receiving a grant under
this section may not transfer any recorded data
collected by the entity from a body-mounted camera to
another law enforcement or intelligence agency.
``(C) Exceptions.--
``(i) Criminal investigation.--An entity
receiving a grant under this section may
transfer recorded data collected by the entity
from a body-mounted camera to another law
enforcement agency or intelligence agency for
use in a criminal investigation if the
requesting law enforcement or intelligence
agency has reasonable suspicion that the
requested data contains evidence relating to
the crime being investigated.
``(ii) Civil rights claims.--An entity
receiving a grant under this section may
transfer recorded data collected by the law
enforcement agency from a body-mounted camera
to another law enforcement agency for use in an
investigation of any right, privilege, or
immunity secured or protected by the
Constitution or laws of the United States.
``(e) Matching Funds.--
``(1) In general.--Except as provided in paragraph (3), the
Federal share of the cost of a program carried out using a
grant under this part may not exceed 75 percent of the total
cost of the program.
``(2) Indian assistance.--Any funds appropriated by
Congress for the activities of any agency of an Indian tribal
government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to
provide the non-Federal share of the matching requirement
described in paragraph (1).
``(3) Waiver.--The Director may waive, in whole or in part,
the matching requirement described in paragraph (1) in the case
of fiscal hardship, as determined by the Director.
``(f) Allocation of Funds.--For fiscal years 2018 and 2019, of the
amounts appropriated to the Bureau of Justice Assistance, $30,000,000
shall be used to carry out this part.
``(g) Audit and Assessment.--
``(1) In general.--Not later than 2 years after the date of
enactment of this part, the Director of the Office of Audit,
Assessment, and Management shall perform an assessment of the
grant program and the policies and protocols of the grantees.
``(2) Reports.--Not later than September 1 of each year,
beginning 2 years after the date of enactment of this part,
each recipient of a grant under this part shall submit to the
Director of the Office of Audit, Assessment, and Management a
report that--
``(A) describes the progress of the body-worn
camera program; and
``(B) contains recommendations on ways in which the
Federal Government, States, and units of local
government can further support the implementation of
the program.
``(3) Review.--The Director of the Office of Audit,
Assessment, and Management shall evaluate the policies and
protocols of the grantees and take such steps as the Director
of the Office of Audit, Assessment, and Management determines
necessary to ensure compliance with the program.
``SEC. 3032. BODY-WORN CAMERA TRAINING TOOLKIT.
``(a) In General.--The Director shall establish and maintain a
toolkit for law enforcement agencies, academia, and other relevant
entities to provide training and technical assistance, including best
practices for implementation, model policies and procedures, and
research materials.
``(b) Mechanism.--In establishing the toolkit required to under
subsection (a), the Director may consolidate research, practices,
templates, and tools that been developed by expert and law enforcement
agencies across the country.
``SEC. 3033. APPLICATIONS.
``(a) In General.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director in a form and containing
information as the Director may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this part, the Director shall promulgate regulations to
implement this part, including the information that shall be included
and the requirements that the States, units of local government, and
Indian tribes must meet in submitting the applications required under
this section.
``SEC. 3034. STUDY.
``(a) In General.--Not later than 2 years after the date on which
all grants are awarded under this part, the Director shall conduct a
study on--
``(1) the efficacy of body-worn cameras in deterring
excessive force by law enforcement officers;
``(2) the impact of body-worn cameras on the accountability
and transparency of the use of force by law enforcement
officers;
``(3) the impact of body-worn cameras on responses to and
adjudications of complaints of excessive force;
``(4) the effect of the use of body-worn cameras on the
safety of law enforcement officers on patrol;
``(5) the effect of the use of body-worn cameras on public
safety;
``(6) the impact of body-worn cameras on evidence
collection for criminal investigations;
``(7) issues relating to the secure storage and handling of
recorded data from the body-worn cameras;
``(8) issues relating to the privacy of citizens and
officers recorded on body-worn cameras;
``(9) issues relating to the public's access to body-worn
camera footage;
``(10) the need for proper training of law enforcement
officers that use body-worn cameras;
``(11) best practices in the development of protocols for
the safe and effective use of body-worn cameras;
``(12) a review of law enforcement agencies that found
body-worn cameras to be unhelpful in the operations of the
agencies; and
``(13) any other factors that the Director determines are
relevant in evaluating the efficacy of body-worn cameras.
``(b) Report.--Not later than 180 days after the date on which the
study required under subsection (a) is completed, the Director shall
submit to Congress a report on the study, which shall include any
policy recommendations that the Director considers appropriate.''. | Police Creating Accountability by Making Effective Recording Available Act of 2017 or the Police CAMERA Act of 2017 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice's Bureau of Justice Assistance (BJA) to make grants to states, local governments, and Indian tribes to purchase or lease body-worn cameras and to implement body-worn camera programs. A state, local government, or Indian tribe that receives a grant must comply with certain requirements, including to establish policies and procedures for the use of body-worn cameras and to adopt recorded data collection and retention protocols. The BJA must establish and maintain a toolkit to provide training and technical assistance, including best practices for implementation, model policies and procedures, and research materials. The BJA must also study and report to Congress on the efficacy, impact, and effect of using body-worn cameras. | {"src": "billsum_train", "title": "Police Creating Accountability by Making Effective Recording Available Act of 2017"} | 2,876 | 191 | 0.641123 | 1.940069 | 0.780635 | 4.137931 | 15.925287 | 0.908046 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hope Offered through Principled and
Ethical Stem Cell Research Act'' or the ``HOPE Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) intensify research that may result in improved
understanding of or treatments for diseases and other adverse
health conditions; and
(2) promote the derivation of pluripotent stem cell lines
without the creation of human embryos for research purposes and
without the destruction or discarding of, or risk of injury to,
a human embryo or embryos other than those that are naturally
dead.
SEC. 3. HUMAN PLURIPOTENT STEM CELL RESEARCH.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by inserting after section 498C the following:
``SEC. 498D. HUMAN PLURIPOTENT STEM CELL RESEARCH.
``(a) In General.--The Secretary shall conduct and support basic
and applied research to develop techniques for the isolation,
derivation, production, or testing of stem cells, including pluripotent
stem cells that have the flexibility of embryonic stem cells (whether
or not they have an embryonic source), that may result in improved
understanding of or treatments for diseases and other adverse health
conditions, provided that the isolation, derivation, production, or
testing of such cells will not involve--
``(1) the creation of a human embryo or embryos for
research purposes; or
``(2) the destruction or discarding of, or risk of injury
to, a human embryo or embryos other than those that are
naturally dead.
``(b) Guidelines.--Not later than 90 days after the date of the
enactment of this section, the Secretary, after consultation with the
Director of NIH, shall issue final guidelines that--
``(1) provide guidance concerning the next steps required
for additional research, which shall include a determination of
the extent to which specific techniques may require additional
animal research to ensure that any research involving human
cells using these techniques would clearly be consistent with
the standards established under subsection (a);
``(2) prioritize research with the greatest potential for
near-term clinical benefit;
``(3) consistent with standards established under
subsection (a), take into account techniques outlined by the
President's Council on Bioethics and any other appropriate
techniques and research; and
``(4) in the case of research involving stem cells from a
naturally dead embryo, require assurances from grant applicants
that no alteration of the timing, methods, or procedures used
to create, maintain, or intervene in the development of a human
embryo was made solely for the purpose of deriving the stem
cells.
``(c) Reporting Requirements.--Not later than January 1 of each
year, the Secretary shall prepare and submit to the appropriate
committees of the Congress a report describing the activities carried
out under this section during the fiscal year, including a description
of the research conducted under this section.
``(d) Rule of Construction.--Nothing in this section shall be
construed as altering the policy in effect on the date of enactment of
this section regarding the eligibility of stem cell lines for funding
by the National Institutes of Health.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
``(f) Definitions.--In this section:
``(1) Naturally dead.--The term `naturally dead' means
having naturally and irreversibly lost the capacity for
integrated cellular division, growth, and differentiation that
is characteristic of an organism, even if some cells of the
former organism may be alive in a disorganized state.
``(2) Human embryo or embryos.--The term `human embryo or
embryos' includes any organism, not protected as a human
subject under part 46 of title 45, Code of Federal Regulations,
as of the date of enactment of this section, that is derived by
fertilization, parthenogenesis, cloning, or any other means
from one or more human gametes or human diploid cells.
``(3) Risk of injury.--The term `risk of injury' means
subjecting a human embryo or embryos to risk of injury or death
greater than that allowed for research on fetuses in utero
under section 46.204(b) of title 45, Code of Federal
Regulations, and section 498(b) of this Act.''.
SEC. 4. NATIONAL AMNIOTIC AND PLACENTAL STEM CELL BANK.
(a) In General.--The Secretary of Health and Human Services shall
enter into a contract with the Institute of Medicine for the conduct of
a study to recommend an optimal structure for an amniotic and placental
stem cell bank program and to address pertinent issues to maximize the
potential of such technology, including collection, storage, standards
setting, information sharing, distribution, reimbursement, research,
and outcome measures. In conducting such study, the Institute should
receive input from relevant experts including the existing operators of
federal tissue bank programs and the biomedical research programs
within the Department of Defense.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Institute of Medicine shall complete the study under
subsection (a) and submit to the Secretary of Health and Human Services
and the appropriate committees of Congress a report on the results of
such study.
Passed the Senate April 11, 2007.
Attest:
NANCY ERICKSON,
Secretary. | Hope Offered through Principled and Ethical Stem Cell Research Act or the HOPE Act - (Sec. 3) Amends the Public Health Service Act to require the Secretary of Health and Human Services to develop techniques for the isolation, derivation, production, or testing of stem cells, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not they have an embryonic source), that may result in improved understanding of or treatments for diseases and other adverse health conditions, provided that such techniques do not involve: (1) the creation of a human embryo or embryos for research purposes; or (2) the destruction or discarding of, or risk of injury to, a human embryo of embryos other than those that are naturally dead.
Requires the Secretary to: (1) provide guidance concerning the next steps required for additional research; (2) prioritize research with the greatest potential for near-term clinical benefits; (3) take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research; and (4) require assurances from grant applicants, in the case of research involving stem cells from a naturally dead embryo, that no alteration of the timing, methods, or procedures used to create, maintain, or intervene in the development of a human embryo was made solely for the purpose of deriving the stem cells.
Sets forth reporting requirements.
Authorizes appropriations.
(Sec. 4) Directs the Secretary to enter into a contract with the Institute of Medicine to conduct a study to: (1) recommend an optimal structure for an amniotic and placental stem cell bank program; and (2) address pertinent issues to maximize the potential of such technology. | {"src": "billsum_train", "title": "A bill to intensify research to derive human pluripotent stem cell lines."} | 1,249 | 370 | 0.780375 | 2.426259 | 0.941314 | 7.496988 | 3.376506 | 0.966867 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans' Benefits
Amendments of 1996''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
TITLE I--INSURANCE REFORM
SEC. 101. MERGER OF RETIRED RESERVE SERVICEMEMBERS' GROUP LIFE
INSURANCE AND VETERANS' GROUP LIFE INSURANCE AND
EXTENSION OF VETERANS' GROUP LIFE INSURANCE TO MEMBERS OF
THE READY RESERVE.
(a) Definition of Member.--Section 1965(5) is amended--
(1) by inserting ``and'' at the end of subparagraph (B);
(2) by striking out subparagraphs (C) and (D); and
(3) by redesignating subparagraph (E) as subparagraph (C).
(b) Persons Insured.--Section 1967 is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph
(1);
(B) by striking out paragraphs (3) and (4); and
(C) by striking out ``or the first day a member of
the Reserves, whether or not assigned to the Retired
Reserve of a uniformed service, meets the
qualifications of section 1965(5)(C) of this title, or
the first day a member of the Reserves meets the
qualifications of section 1965(5)(D) of this title,'';
and
(2) by striking out subsection (d).
(c) Duration and Termination of Coverage.--Section 1968 is
amended--
(1) in subsection (a)--
(A) by striking out ``subparagraph (B), (C), or (D)
of section 1965(5)'' and inserting in lieu thereof
``section 1965(5)(B)'';
(B) by striking out the period at the end of
paragraphs (1) and (2) and inserting in lieu thereof a
semicolon;
(C) by striking out the period at the end of
paragraph (3) and inserting in lieu thereof ``; and'';
(D) in paragraph (4)--
(i) by striking out ``from such'' in the
matter preceding subparagraph (A) and all that
follows through ``(A) unless on'' and inserting
in lieu thereof ``from such assignment, unless
on'';
(ii) by striking out the semicolon after
``such assignment'' and inserting in lieu
thereof a period; and
(iii) by striking out subparagraphs (B) and
(C); and
(E) by striking out paragraphs (5) and (6); and
(2) in subsection (b), by striking out the last two
sentences.
(d) Premiums.--Section 1969 is amended--
(1) in subsection (a)(2), by striking out ``is assigned to
the Reserve (other than the Retired Reserve) and meets the
qualifications of section 1965(5)(C) of this title, or is
assigned to the Retired Reserve and meets the qualifications of
section 1965(5)(D) of this title,'';
(2) by striking out subsection (e); and
(3) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
SEC. 102. CONVERSION TO COMMERCIAL LIFE INSURANCE POLICY.
(a) SGLI Conversion.--Subsection (b) of section 1968, as amended by
section 101(c)(2), is amended--
(1) by inserting ``(1)'' after ``(b)'' at the beginning of
the subsection;
(2) by striking out ``would cease,'' in the first sentence
and all that follows through the period at the end of the
sentence and inserting in lieu thereof ``would cease--
``(A) shall be automatically converted to Veterans' Group
Life Insurance, subject to (i) the timely payment of the
initial premium under terms prescribed by the Secretary, and
(ii) the terms and conditions set forth in section 1977 of this
title; or
``(B) at the election of the member, shall be converted to
an individual policy of insurance as described in section
1977(e) of this title upon written application for conversion
made to the participating company selected by the member and
payment of the required premiums.''; and
(3) by designating the second sentence as paragraph (2) and
in that sentence striking out ``Such automatic conversion'' and
inserting in lieu thereof ``Automatic conversion to Veterans'
Group Life Insurance under paragraph (1)''.
(b) VGLI Conversion.--Section 1977 is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)'';
(B) by striking out the last two sentences; and
(C) by adding at the end the following:
``(2) If any person insured under Veterans' Group Life Insurance
again becomes insured under Servicemembers' Group Life Insurance but
dies before terminating or converting such person's Veterans' Group
Insurance, Veterans' Group Life Insurance shall be payable only if such
person is insured for less than $200,000 under Servicemembers' Group
Life Insurance, and then only in an amount which, when added to the
amount of Servicemembers' Group Life Insurance payable, does not exceed
$200,000.''; and
(2) in subsection (e)--
(A) in the first sentence, by inserting ``at any
time'' after ``shall have the right''; and
(B) by striking out the third sentence and
inserting in lieu thereof the following: ``The
Veterans' Group Life Insurance policy will terminate on
the day before the date on which the individual policy
becomes effective.''.
SEC. 103. INFORMATION TO BE PROVIDED MEMBERS CONCERNING AUTOMATIC
MAXIMUM COVERAGE OF $200,000 UNDER SERVICEMEN'S GROUP
LIFE INSURANCE.
Section 1967, as amended by section 101(b), is amended by inserting
after subsection (c) the following new subsection (d):
``(d) Whenever a member has the opportunity to make an election
under subsection (a) not to be insured under this subchapter, or to be
insured under this subchapter in an amount less than the maximum amount
of $200,000, and at such other times periodically thereafter as the
Secretary concerned considers appropriate, the Secretary concerned
shall furnish to the member general information concerning life
insurance. Such information shall include--
``(1) the purpose and role of life insurance in financial
planning;
``(2) the difference between term life insurance and whole
life insurance;
``(3) the availability of commercial life insurance; and
``(4) the relationship between Servicemembers' Group Life
Insurance and Veterans' Group Life Insurance.''.
SEC. 104. RENAMING OF SERVICEMEN'S GROUP LIFE INSURANCE PROGRAM.
(a) In General.--The program of insurance operated by the Secretary
of Veterans Affairs under subchapter III of chapter 19 of title 38,
United States Code, is hereby redesignated as the Servicemembers' Group
Life Insurance program.
(b) Amendments to Chapter 19.--(1) Sections 1967(a), (c), and (e),
1968(b), 1969(a)-(e), 1970(a), (f), and (g), 1971(b), 1973, 1974, and
1977(a), (d), (e), and (g) are amended by striking out ``Servicemen's
Group'' each place it appears and inserting in lieu thereof
``Servicemembers' Group''.
(2)(A) The heading of subchapter III of chapter 19 is amended to
read as follows:
``SUBCHAPTER III--SERVICEMEMBERS' GROUP LIFE INSURANCE (FORMERLY
SERVICEMEN'S GROUP LIFE INSURANCE)''.
(B) The heading of section 1974 is amended to read as follows:
``Sec. 1974. Advisory Council on Servicemembers' Group Life Insurance
(formerly Servicemen's Group Life Insurance)''.
(3) The table of sections at the beginning of chapter 19 is
amended--
(A) by striking out the item relating to subchapter III and
inserting in lieu thereof the following:
``subchapter iii--servicemembers' group life insurance (formerly
servicemen's group life insurance)''
and
(B) by striking out the item relating to section 1974 and
inserting in lieu thereof the following:
``1974. Advisory Council on Servicemembers' Group Life Insurance
(formerly Servicemen's Group Life
Insurance)''.
(c) Other Conforming Amendments.--(1) Section 1315(f)(1)(F) is
amended by striking out ``servicemen's'' the first place it appears and
inserting in lieu thereof ``servicemembers''.
(2) Sections 3017(a) and 3224(1) are amended by striking out
``Servicemen's'' each place it appears and inserting in lieu thereof
``Servicemembers'''.
SEC. 105. EFFECTIVE DATE.
The Servicemembers' Group Life Insurance of any member of the
Retired Reserve of a uniformed service in force on the date of the
enactment of this Act shall be converted, effective 90 days after that
date, to Veterans' Group Life Insurance.
TITLE II--OTHER MATTERS
SEC. 201. ELIGIBILITY OF CERTAIN MINORS FOR BURIAL IN NATIONAL
CEMETERIES.
(a) Eligibility.--Paragraph (5) of section 2402 is amended by
adding at the end thereof the following: ``For purposes of this
paragraph, a `minor child' is a child under 21 years of age, or under
23 years of age if pursuing a program of education at an educational
institution, and those terms have the meaning as defined in sections
3452 (b) and (c) of this title.''.
(b) Conforming Amendment.--Section 101(4)(A) is amended by striking
out ``chapter 19'' and inserting in lieu thereof ``chapters 19 and
24''.
SEC. 202. PROGRAMS, PROJECTS, AND ACTIVITIES OF THE EDUCATION SERVICE,
DEPARTMENT OF VETERANS AFFAIRS.
(a) Located in the District of Columbia.--Chapter 77 is amended by
inserting after section 7703 the following new section:
``Sec. 7705. Management, policy, and operations functions associated
with the educational assistance programs of the Education
Service
``The offices of Education Procedures Systems, Education
Operations, and Education Policy and Program Administration, and any
successor to any such office, of the Education Service of the Veterans
Benefit Administration shall be in the District of Columbia.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7703 the following new item:
``7705. Management, policy, and operations functions associated with
the educational assistance programs of the
Education Service.''.
Passed the House of Representatives May 21, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By Linda Nave,
Deputy Clerk. | TABLE OF CONTENTS:
Title I: Insurance Reform
Title II: Other Matters
Veterans' Benefits Amendments of 1996 -
Title I: Insurance Reform
- Amends the Servicemen's Group Life Insurance (SGLI) Program to exclude from coverage under such Program members assigned or transferred to the Retired Reserve.
Provides that, upon termination of active-duty service, a person's coverage under SGLI: (1) shall be automatically converted to Veterans' Group Life Insurance (VGLI), subject to the payment of premiums and other applicable terms and conditions; or (2) shall, at the election of the member, be converted to an individual insurance policy with a participating private insurer selected by the member. Outlines VGLI coverage limits in the case of any person insured under VGLI who becomes insured under SGLI but dies before terminating or converting the VGLI coverage. Terminates VGLI coverage on the effective date of an individual insurance policy with a private insurer.
Directs the Secretary of the military department concerned to provide military personnel with general information concerning life insurance whenever they have the opportunity to elect not to be insured under SGLI or to be insured in an amount less than the maximum $200,000 coverage.
Redesignates the Servicemen's Life Insurance Program as the Servicemembers' Life Insurance Program. Requires the SGLI coverage of any member of the Retired Reserve to be converted to VGLI coverage within 90 days after enactment of this Act.
Title II: Other Matters
- Defines a minor child, for purposes of eligibility for burial in national cemeteries, as one under 21 years of age or under 23 years of age if pursuing a program of education in an educational institution.
Requires the offices of Education Procedures Systems, Education Operations, and Education Policy and Program Administration of the Education Service of the Veterans Benefits Administration to be located in the District of Columbia. | {"src": "billsum_train", "title": "Veterans' Benefits Amendments of 1996"} | 2,616 | 415 | 0.508617 | 1.507694 | 0.667478 | 2.922438 | 6.3241 | 0.878116 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century High-Performing Public
School Facilities Act of 2006''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
TITLE I--21ST CENTURY HIGH-PERFORMING PUBLIC SCHOOL FACILITIES
Subtitle A--Grants for Construction, Modernization, or Repair of School
Facilities
Sec. 101. Grants.
Sec. 102. Allocation of funds.
Sec. 103. Priority; criteria for awarding grants.
Sec. 104. Authorized matching requirement.
Sec. 105. Allowable uses of funds.
Sec. 106. Application for grant.
Subtitle B--Low-Interest Loans for Construction, Modernization, or
Repair of School Facilities
Sec. 111. Low-interest loans.
Sec. 112. Revolving fund.
Subtitle C--General Provisions
Sec. 121. Impermissible uses of funds.
Sec. 122. Supplement, not supplant.
Sec. 123. Maintenance of effort.
Sec. 124. Special rule.
Sec. 125. Fair wages.
Sec. 126. Reporting.
Sec. 127. Authorization of appropriations.
TITLE II--EDUCATIONAL TECHNOLOGY FUNDING
Sec. 201. Educational technology funding.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) The average public school building was built in the
early 1960's.
(2) Of the Nation's public school buildings, at least one-
third need extensive repair or replacement and two-thirds have
troublesome environmental conditions such as the presence of
asbestos or lead in water and paint.
(3) In its 2005 report card on the Nation's physical
infrastructure, the American Society of Civil Engineers gave
our schools a D.
(4) The Nation's public schools need hundreds of billions
of dollars in construction, modernization, and repair to bring
them up to modern structural, educational (including
educational technology and educational technology
infrastructure), and health standards.
(5) Improving the quality of public elementary and
secondary school facilities to make them safe, healthy, high-
performing, and up-to-date technologically will help students
improve their academic performance and will improve teacher
retention.
(6) Improving the quality of public elementary and
secondary school facilities is a matter of national importance,
and the Federal government must do more to help States and
school districts fulfill their responsibilities in this area.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``Bureau-funded school'' has the meaning given
to such term in section 1141 of the Education Amendments of
1978 (25 U.S.C. 2021).
(2) The term ``charter school'' has the meaning given such
term in section 5210 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7221i).
(3) The term ``local educational agency''--
(A) has the meaning given to that term in section
9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801); and
(B) includes any public charter school that
constitutes a local educational agency under State law.
(4) The term ``outlying area''--
(A) means the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands; and
(B) includes the freely associated states of the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
(5) The term ``Secretary'' means the Secretary of
Education.
(6) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
TITLE I--21ST CENTURY HIGH-PERFORMING PUBLIC SCHOOL FACILITIES
Subtitle A--Grants for Construction, Modernization, or Repair of School
Facilities
SEC. 101. GRANTS.
Each fiscal year, the Secretary of Education shall make grants to
local educational agencies in each State for the purpose of
constructing, modernizing, or repairing public kindergarten,
elementary, and secondary educational facilities that are safe,
healthy, high-performing, and up-to-date technologically.
SEC. 102. ALLOCATION OF FUNDS.
(a) Reservation.--From the amount appropriated to carry out this
subtitle for each fiscal year pursuant to section 127, the Secretary
shall reserve 1 percent of such amount, consistent with the purpose
described in section 101--
(1) to provide assistance to the outlying areas; and
(2) for payments to the Secretary of the Interior to
provide assistance to Bureau-funded schools.
(b) Allocation of Grants.--
(1) State-by-state allocation.--From the amount
appropriated to carry out this subtitle for each fiscal year
pursuant to section 127, and not reserved under subsection (a),
the Secretary shall reserve for grants to local educational
agencies in each State an aggregate amount in proportion to the
aggregate amount received by all local educational agencies in
the State involved under part A of title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.)
for the previous fiscal year relative to the total amount
received by all local educational agencies in every State under
such part for such fiscal year.
(2) Within-state allocation.--From the amount reserved for
grants to local educational agencies in a State under paragraph
(1), the Secretary shall reserve for grants to local
educational agencies in the State that are receiving assistance
under section 1124A of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6334) an aggregate amount that is at
least in proportion to the aggregate amount received by such
local educational agencies under part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.) for the previous fiscal year relative to the total
amount received by all local educational agencies in the State
under such part for such fiscal year.
SEC. 103. PRIORITY; CRITERIA FOR AWARDING GRANTS.
(a) Priority.--In awarding grants to local educational agencies
under this subtitle, the Secretary shall give priority to local
educational agencies with greater--
(1)(A) numbers of children counted under section 1124(c) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)); or
(B) percentages of children served who are counted under
section 1124(c) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6333(c)); and
(2) need for school construction, modernization, or repair,
as demonstrated by the condition of the public school
facilities.
(b) Criteria.--In awarding grants to local educational agencies
under this subtitle, the Secretary shall also consider the following
criteria:
(1) The fiscal capacity of a local educational agency to
meet its needs for construction, modernization, and repair of
public school facilities without assistance under this
subtitle, including the ability of the local educational agency
to raise funds through the use of local bonding capacity and
otherwise.
(2) In the case of a local educational agency that proposes
to fund a construction, modernization, or repair project for
one or more public charter schools, the extent to which the
schools have access to funding for the project through the
financing methods available to other public schools or local
educational agencies in the State.
(3) The likelihood that the local educational agency will
maintain, in good condition, any facility whose construction,
modernization, or repair is assisted under this subtitle.
(4) The local educational agency's plan to obtain private
business contributions described in section 1397E(d)(2)(B) of
the Internal Revenue Code of 1986 (26 U.S.C. 1397E(d)(2)(B)),
except that an otherwise qualified local educational agency
shall not be denied a grant as a result of its inability to
obtain such contributions despite its good faith efforts.
SEC. 104. AUTHORIZED MATCHING REQUIREMENT.
(a) In General.--The Secretary shall require a local educational
agency to contribute matching funds toward the costs of the program to
be carried out with a grant received by the agency under this subtitle.
(b) Match Amount.--The Secretary shall establish the amount of
matching funds to be provided by a local educational agency under this
section by using a sliding scale that takes into account the relative
poverty of the population served by the local educational agency.
(c) Determination of Amount Contributed.--The Secretary shall allow
a local educational agency to satisfy the requirement of this section
through in-kind contributions.
SEC. 105. ALLOWABLE USES OF FUNDS.
A local educational agency receiving a grant under this subtitle
may use the grant for the following:
(1) Repair or modernization of public school facilities to
ensure the health and safety of students and staff, including--
(A) repairing, replacing, or installing roofs,
electrical wiring, plumbing systems, sewage systems,
windows, or doors;
(B) repairing, replacing, or installing heating,
ventilation, or air conditioning systems (including
insulation); and
(c) bringing public schools into compliance with
fire and safety codes.
(2) Modifications necessary to make public school
facilities accessible to comply with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except
that such modifications shall not be the primary use of the
grant.
(3) Asbestos abatement or removal from public school
facilities.
(4) Implementation of measures designed to reduce or
eliminate human exposure to lead-based paint hazards though
methods including interim controls, abatement, or a combination
of each.
(5) Upgrading or installation of educational technology and
educational technology infrastructure to ensure that students
have access to up-to-date educational technology.
(6) Upgrading school facilities to make them energy-
efficient.
(7) Construction of new school facilities that ensure the
health and safety of students and staff, are energy-efficient,
and include up-to-date educational technology and educational
technology infrastructure, including where such construction is
economically or otherwise more feasible than large scale
modernization or repair of existing facilities.
SEC. 106. APPLICATION FOR GRANT.
(a) Applications Required.--A local educational agency desiring to
receive a grant under this subtitle shall submit an application to the
Secretary as such time, in such manner, and containing such information
as the Secretary may reasonably require.
(b) Application Contents.--Each application described in subsection
(a) shall contain--
(1) an assurance that the application was developed in
consultation with parents and classroom teachers;
(2) a description of the overall condition of the local
educational agency's school facilities, including health and
safety problems;
(3) a description of the capacity of the local educational
agency's schools to house current and projected enrollments;
(4) a description of the extent to which the local
educational agency's schools offer the physical infrastructure,
including for educational technology, needed to provide all
students a high-quality education;
(5) a description of the improvements to be supported with
funds provided under this subtitle;
(6) a cost estimate of the proposed improvements;
(7) an identification of other resources that are available
to carry out the activities for which funds are requested under
this subtitle; and
(8) such other information and assurances as the Secretary
may reasonably require.
Subtitle B--Low-Interest Loans for Construction, Modernization, or
Repair of School Facilities
SEC. 111. LOW-INTEREST LOANS.
(a) Authority and Conditions for Loans.--Each fiscal year, the
Secretary shall make low-interest loans to local educational agencies
for the construction, modernization, or repair of public kindergarten,
elementary, and secondary educational facilities that are safe,
healthy, high-performing, and up-to-date technologically.
(b) Priority; Criteria for Approving Loans.--
(1) Priority.--In making loans under this subtitle, the
Secretary shall give priority to local educational agencies
described in section 103(a).
(2) Criteria.--In making loans under this subtitle, the
Secretary shall also consider the criteria specified in section
103(b).
(c) Allowable Uses of Funds.--A local educational agency receiving
a loan under this subtitle may use the loan for any of the activities
described in section 105.
(d) Amount and Conditions of Loans.--In making loans under this
subtitle, the Secretary shall ensure that--
(1) the amount of a loan does not exceed the total
construction, modernization, or repair costs involved, as
determined by the Secretary; and
(2) the loan is secured in such manner and must be repaid
within such period, not exceeding 30 years, as may be
determined by the Secretary.
SEC. 112. REVOLVING FUND.
(a) Establishment.--There is established in the Treasury a
revolving fund to be known as the School Construction, Modernization,
and Repair Revolving Fund (in this section referred to as the
``revolving fund'').
(b) Contents of Fund.--The revolving fund shall consist of--
(1) any amounts derived from the loan program carried out
under this subtitle; and
(2) any amounts appropriated to carry out this subtitle
pursuant to section 127.
(c) Availability.--The revolving fund shall be available to the
Secretary, in amounts specified in appropriations Acts and without
fiscal year limitation, to carry out this subtitle.
Subtitle C--General Provisions
SEC. 121. IMPERMISSIBLE USES OF FUNDS.
No funds received under this title may be used for--
(1) payment of maintenance costs; or
(2) stadiums or other facilities primarily used for
athletic contests or exhibitions or other events for which
admission is charged to the general public.
SEC. 122. SUPPLEMENT, NOT SUPPLANT.
A local educational agency receiving a grant under subtitle A or a
loan under subtitle B shall use such Federal funds only to supplement
and not supplant the amount of funds that would, in the absence of such
Federal funds, be available for construction, modernization, and repair
of public kindergarten, elementary, and secondary educational
facilities.
SEC. 123. MAINTENANCE OF EFFORT.
A local educational agency may receive a grant under subtitle A or
a loan under subtitle B for any fiscal year only if the Secretary finds
that either the combined fiscal effort per student or the aggregate
expenditures of the agency and the State involved with respect to the
provision of free public education by the agency for the preceding
fiscal year was not less than 90 percent of the combined fiscal effort
or aggregate expenditures for the second preceding fiscal year.
SEC. 124. SPECIAL RULE.
Each local educational agency receiving a grant under subtitle A or
a loan under subtitle B shall ensure that, if the agency carries out
construction, modernization, or repair through a contract, the process
for any such contract ensures the maximum number of qualified bidders,
including small, minority, and women-owned businesses, through full and
open competition.
SEC. 125. APPLICATION OF GEPA.
The grant program under subtitle A and the loan program under
subtitle B are applicable programs (as that term is defined in section
400 of the General Education Provisions Act (20 U.S.C. 1221)) subject
to section 439 of such Act (20 U.S.C. 1232b).
SEC. 126. REPORTING.
(a) Reports by Local Educational Agencies.--Not later than December
31 of each fiscal year, each local educational agency receiving a grant
under subtitle A or a loan under subtitle B shall submit to the
Secretary a report on the agency's use of such grant or loan funds.
(b) Reports by Secretary.--Not later than December 31 of each
fiscal year, the Secretary shall submit to the Committee on Education
and the Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report on grants
and loans made under this title, including the Secretary's efforts
pursuant to sections 103(a) and 111(b)(1), the types of construction,
modernization, and repair funded, and the number of students impacted,
including the number of students counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
SEC. 127. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out subtitles A, B, and C of this title,
there are authorized to be appropriated $6,400,000,000 for fiscal year
2007 and such sums as may be necessary for each of fiscal years 2008
through 2011.
(b) Allocation.--Of the amount appropriated pursuant to this
section for each fiscal year--
(1) not less than 85 percent shall be reserved to carry out
subtitle A; and
(2) not more than 15 percent may be reserved to carry out
subtitle B.
TITLE II--EDUCATIONAL TECHNOLOGY FUNDING
SEC. 201. EDUCATIONAL TECHNOLOGY FUNDING.
Section 2404(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6754(a)) is amended to read as follows:
``(a) In General.--To carry out subparts 1 and 2, there are
authorized to be appropriated, and there are appropriated,
$1,000,000,000 for fiscal year 2007.''. | 21st Century High-Performing Public School Facilities Act of 2006 - Requires the Secretary of Education to make grants in each fiscal year to local educational agencies (LEAs) in each state for the construction, modernization, or repair of kindergarten, elementary, or secondary schools to make them safe, healthy, high-performing, and technologically up-to-date. Gives priority to LEAs serving a high number or percentage of disadvantaged children and those whose public schools are in relatively poor condition. Requires LEAs to contribute funds toward the costs of the program, but uses a sliding scale that factors in the relative poverty of an LEA's service area.
Requires the Secretary to make low-interest loans to LEAs in each fiscal year for the same purposes and with the same priorities given in the distribution of the grants.
Establishes the School Construction, Modernization, and Repair Revolving Fund consisting of amounts derived from the low-interest loans and appropriations made to the Fund by this Act.
Amends part D of title II of the Elementary and Secondary Education Act of 1965 to authorize and make appropriations for educational technology. | {"src": "billsum_train", "title": "To direct the Secretary of Education to make grants and low-interest loans to local educational agencies for the construction, modernization, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes."} | 3,897 | 253 | 0.540915 | 1.630999 | 0.876905 | 3.061033 | 16.71831 | 0.873239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thunder Bay National Marine
Sanctuary and Underwater Preserve Boundary Modification Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Thunder Bay National Marine Sanctuary and Underwater
Preserve in Lake Huron contains more than 100 recorded historic
vessel losses.
(2) The areas immediately surrounding the Sanctuary,
including the offshore waters of Presque Isle and Alcona
counties, Michigan, contain an equal number of historic vessel
losses.
(3) Many of these shipwrecks and underwater cultural
resources are popular recreational diving destinations, and all
contribute to our collective maritime heritage.
(4) These resources are susceptible to damage from human
activities, and must be properly preserved for themselves and
to protect the economic viability of their contribution to
national and regional economies.
(b) Purposes.--The purposes of this Act are--
(1) to expand the Thunder Bay National Marine Sanctuary and
Underwater Preserve boundaries to encompass the offshore waters
of Presque Isle and Alcona counties, Michigan and outward to
the international border between the United States and Canada;
and
(2) to provide the underwater cultural resources of those
areas equal protection to that currently afforded to the
Sanctuary.
SEC. 3. DEFINITIONS.
In this Act:
(1) Sanctuary.--The term ``Sanctuary'' means the Thunder
Bay National Marine Sanctuary and Underwater Preserve.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT.
(a) Boundary Adjustment.--Notwithstanding any provision of law or
regulation, including section 922.190 of title 15, Code of Federal
Regulations, as in effect on the date of the enactment of this Act, the
Sanctuary shall consist of the geographic area described in subsection
(b).
(b) Expanded Sanctuary Boundary.--The area referred to in
subsection (a) is all submerged lands, including the underwater
cultural resources, lake ward of the mean high water line, within the
boundaries of a line formed by connecting points in succession
beginning at a point along the mean high water line located
approximately at 45.628741N, 84.206983W (at Hammond Bay in Presque Isle
County) then due east to the international boundary between the United
States and Canada approximately located at 45.628741N, 83.163783W then
following the international boundary between the United States and
Canada in a generally southeasterly direction where it intersects
latitude 44.511111N, then due west to a point along the mean high water
line located approximately at 44.511111N, 83.318483W (in Alcona County
just south of the town of Greenbush) returning to the first point along
the mean high water line.
(c) Authority To Make Minor Adjustments.--The Secretary may make
minor adjustments to the boundary described in subsection (b) to
facilitate enforcement and clarify the boundary to public provided the
resulting boundary is consistent the purposes described in section
2(b).
(d) Inclusion in the System.--The area described in subsection (b),
as modified in accordance with subsection (c), shall be managed as part
of the National Marine Sanctuary System established by section 301(c)
of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in
accordance with that Act.
(e) Updated NOAA Charts.--The Secretary shall--
(1) produce updated National Oceanic and Atmospheric
Administration charts for the area in which the Sanctuary is
located; and
(2) include on such charts the boundaries of the Sanctuary
described in subsection (b), as modified in accordance with
subsection (c).
SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT.
(a) Regulations.--The regulations applicable to the Sanctuary
codified in subpart R of part 922 of title 15, Code of Federal
Regulations, as in effect on the date of the enactment of this Act,
shall apply to the geographic area added to the Sanctuary pursuant to
section 4, unless the Secretary specifies otherwise by regulation.
(b) Existing Certifications.--The Secretary may certify that any
license, permit, approval, other authorization, or right to conduct a
prohibited activity made pursuant to section 922.194 of title 15, Code
of Federal Regulations, that exists on the date of the enactment of
this Act shall apply to such an activity conducted within the
geographic area added to the Sanctuary pursuant to section 4.
(c) Date of Sanctuary Designation.--For purposes of section 922.194
of title 15, Code of Federal Regulations, the date of the enactment of
this Act shall be deemed to be the date of Sanctuary designation.
(d) Management Plan.--To the extent practicable, the Secretary
shall apply the management plan in effect for the Sanctuary of the date
of the enactment of this Act to the geographic area added to the
Sanctuary pursuant to section 4. | Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act - Expands, notwithstanding any provision of law or regulation, the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron. | {"src": "billsum_train", "title": "To expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve and for other purposes."} | 1,121 | 53 | 0.589705 | 1.523731 | 0.906563 | 4.657895 | 25.526316 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocal Market Access Act of
2011''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) One of the fundamental tenets of the World Trade
Organization (WTO) is reciprocal market access. This principle
is underscored in the Marrakesh Agreement Establishing the
World Trade Organization which called for ``entering into
reciprocal and mutually advantageous arrangements directed to
the substantial reduction of tariffs and other barriers to
trade and to the elimination of discriminatory treatment in
international trade relations''.
(2) The American people have a right to expect that the
promises that trade negotiators and policy makers offer in
terms of the market access opportunities that will be available
to United States businesses and their employees if trade
agreements are reached, will, in fact, be realized. A results-
oriented approach must form the basis of future trade
negotiations that includes verification procedures to ensure
that the promised market access is achieved and that reciprocal
trade benefits result.
(3) With each subsequent round of bilateral, regional, and
multilateral trade negotiations, tariffs have been
significantly reduced or eliminated for many manufactured
goods, leaving nontariff barriers as the most pervasive,
significant, and challenging barriers to United States exports
and market opportunities.
(4) The United States market is widely recognized as one of
the most open markets in the world. Average United States
tariff rates are very low and the United States has limited, if
any, nontariff barriers.
(5) Often the only leverage the United States has to obtain
the reduction or elimination of nontariff barriers imposed by
foreign countries is to negotiate the amount of tariffs the
United States imposes on imports from those foreign countries.
(6) Under the current negotiating process, negotiations to
reduce or eliminate tariff barriers and nontariff barriers are
separate and self-contained, meaning that tradeoffs are tariff-
for-tariff and nontariff-for-nontariff. As a result, a tariff
can be reduced or eliminated without securing elimination of
the real barrier or barriers that deny United States businesses
access to a foreign market.
(b) Purpose.--The purpose of this Act is to require that United
States trade negotiations achieve measurable results for United States
businesses by ensuring that trade agreements result in expanded market
access for United States exports and not solely the elimination of
tariffs on goods imported into the United States.
SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY
PURSUANT TO CERTAIN TRADE AGREEMENTS.
(a) Limitation.--Notwithstanding any other provision of law, on or
after the date of the enactment of this Act, the President may not
agree to a modification of an existing duty that would reduce or
eliminate the bound or applied rate of such duty on any product in
order to carry out a trade agreement entered into between the United
States and a foreign country until the President transmits to Congress
a certification described in subsection (b).
(b) Certification.--A certification referred to in subsection (a)
is a certification by the President that--
(1) the United States has obtained the reduction or
elimination of tariff and nontariff barriers and policies and
practices of the government of a foreign country described in
subsection (a) with respect to United States exports of any
product identified by United States domestic producers as
having the same physical characteristics and uses as the
product for which a modification of an existing duty is sought
by the President as described in subsection (a); and
(2) a violation of any provision of the trade agreement
described in subsection (a) relating to the matters described
in paragraph (1) is immediately enforceable in accordance with
the provisions of section 4.
SEC. 4. ENFORCEMENT PROVISIONS.
(a) Withdrawal of Tariff Concessions.--If the President does agree
to a modification described in section 3(a), and the United States
Trade Representative determines pursuant to subsection (c) that--
(1) a tariff or nontariff barrier or policy or practice of
the government of a foreign country described in section 3(a)
has not been reduced or eliminated, or
(2) a tariff or nontariff barrier or policy or practice of
such government has been imposed or discovered,
the modification shall be withdrawn until such time as the United
States Trade Representative submits to Congress a certification
described in section 3(b)(1).
(b) Investigation.--
(1) In general.--The United States Trade Representative
shall initiate an investigation if an interested party files a
petition with the United States Trade Representative which
alleges the elements necessary for the withdrawal of the
modification of an existing duty under subsection (a), and
which is accompanied by information reasonably available to the
petitioner supporting such allegations.
(2) Interested party defined.--For purposes of paragraph
(1), the term ``interested party'' means--
(A) a manufacturer, producer, or wholesaler in the
United States of a domestic product that has the same
physical characteristics and uses as the product for
which a modification of an existing duty is sought;
(B) a certified union or recognized union or group
of workers engaged in the manufacture, production, or
wholesale in the United States of a domestic product
that has the same physical characteristics and uses as
the product for which a modification of an existing
duty is sought;
(C) a trade or business association a majority of
whose members manufacture, produce, or wholesale in the
United States a domestic product that has the same
physical characteristics and uses as the product for
which a modification of an existing duty is sought; and
(D) a member of the Committee on Ways and Means of
the House of Representatives or a member of the
Committee on Finance of the Senate.
(c) Determination by USTR.--Not later than 45 days after the date
on which a petition is filed under subsection (b), the United States
Trade Representative shall--
(1) determine whether the petition alleges the elements
necessary for the withdrawal of the modification of an existing
duty under subsection (a); and
(2) notify the petitioner of the determination under
paragraph (1) and the reasons for the determination.
SEC. 5. MARKET ACCESS ASSESSMENT BY INTERNATIONAL TRADE COMMISSION.
(a) In General.--The International Trade Commission shall conduct
an assessment of the impact of each proposed trade agreement between
the United States and a foreign country on tariff and nontariff
barriers and policies and practices of the government of the foreign
country with respect to United States exports of any product identified
by United States domestic producers as having the same physical
characteristics and uses as the product for which a modification of an
existing duty is sought by the President as described in section 4(a).
(b) Identification.--In conducting the assessment under subsection
(a), the International Trade Commission shall identify the tariff and
nontariff barriers and policies and practices for such products that
exist in the foreign country and the expected opportunities for exports
from the United States to the foreign country if existing tariff and
nontariff barriers and policies and practices are eliminated.
(c) Consultation.--In conducting the assessment under subsection
(a), the International Trade Commission shall, as appropriate, consult
with and seek to obtain relevant documentation from United States
domestic producers of products having the same physical characteristics
and uses as the product for which a modification of an existing duty is
sought by the President as described in section 4(a).
(d) Report.--Not later than 45 days before the date on which
negotiations for a proposed trade agreement described in subsection (a)
are initiated, the International Trade Commission shall submit to the
United States Trade Representative, the Secretary of Commerce, and
Congress a report on the proposed trade agreement that contains the
assessment under subsection (a) conducted with respect to such proposed
trade agreement. The report shall be submitted in unclassified form,
but may contain a classified annex if necessary. | Reciprocal Market Access Act of 2011 - Prohibits the President from agreeing to the reduction or elimination of the existing rate of duty on any product in order to carry out a trade agreement entered into between the United States and a foreign country until the President certifies to Congress that: (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of such foreign country with respect to U.S. exports of any product that has the same physical characteristics and uses as the product for which the President seeks to modify its rate of duty; and (2) any violation of the trade agreement is immediately enforceable by withdrawal of the modification of the existing duty on such foreign product until the United States Trade Representative (USTR) certifies to Congress that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such foreign government.
Requires the withdrawal of such a modification in specified circumstances until the USTR makes such a certification to Congress.
Directs the U.S. International Trade Commission (USITC) to assess and identify the tariff and nontariff barriers and policies and practices for such products that exist in the foreign country as well as expected opportunities for U.S. exports to such country if such barriers and policies and practices are eliminated. | {"src": "billsum_train", "title": "To enhance reciprocal market access for United States domestic producers in the negotiating process of bilateral, regional, and multilateral trade agreements."} | 1,733 | 282 | 0.557505 | 1.769696 | 0.666582 | 4.657143 | 6.628571 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Prescription Drug Savings
Act of 2003''.
SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN
OPTION.
(a) In General.--Subpart 2 of part D of the Social Security Act, as
added by section 101 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003, is amended by inserting after section
1860D-11 the following new section:
``medicare operated prescription drug plan option
``Sec. 1860D-11A. (a) In General.--Notwithstanding any other
provision of this part, for each year (beginning with 2006), in
addition to any plans offered under section 1860D-11, the Secretary
shall offer a medicare operated prescription drug plan (as defined in
subsection (c)) with a service area that consists of the entire United
States and shall enter into negotiations with pharmaceutical
manufacturers to reduce the purchase cost of covered part D drugs for
eligible part D individuals in accordance with subsection (b).
``(b) Negotiations.--Notwithstanding section 1860D-11(i), for
purposes of offering a medicare operated prescription drug plan under
this section, the Secretary shall negotiate with pharmaceutical
manufacturers with respect to the purchase price of covered part D
drugs and shall encourage the use of more affordable therapeutic
equivalents to the extent such practices do not override medical
necessity as determined by the prescribing physician. To the extent
practicable and consistent with the previous sentence, the Secretary
shall implement strategies similar to those used by other Federal
purchasers of prescription drugs, and other strategies, to reduce the
purchase cost of covered part D drugs.
``(c) Medicare Operated Prescription Drug Plan Defined.--For
purposes of this part, the term `medicare operated prescription drug
plan' means a prescription drug plan that only offers the standard
prescription drug coverage and access to negotiated prices described in
section 1860D-2(a)(1)(A) and does not include any supplemental
prescription drug coverage.
``(d) Monthly Beneficiary Premium.--The monthly beneficiary premium
to be charged under a medicare operated prescription drug plan shall be
uniform nationally and shall be determined by the Secretary related to
the Secretary's estimate of the average monthly per capita actuarial
cost, including administrative expenses, under the medicare operated
prescription drug plan of providing coverage in the region, as
calculated by the Chief Actuary of the Centers for Medicare & Medicaid
Services. In calculating such administrative expenses, the Chief
Actuary shall use a factor that is based on similar expenses of
prescription drug plans that are not medicare operated prescription
drug plans.''.
(b) Conforming Amendments.--
(1) Section 1860D-3(a) of the Social Security Act, as added
by section 101 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003, is amended by adding at the end
the following new paragraph:
``(4) Availability of the medicare operated prescription
drug plan.--
``(A) In general.--A medicare operated prescription
drug plan (as defined in section 1860D-11A(c)) shall be
offered nationally in accordance with section 1860D-
11A.
``(B) Relationship to other plans.--
``(i) In general.--Subject to clause (ii),
a medicare operated prescription drug plan
shall be offered in addition to any qualifying
plan or fallback prescription drug plan offered
in a PDP region and shall not be considered to
be such a plan purposes of meeting the
requirements of this subsection.
``(ii) Designation as a fallback plan.--
Notwithstanding any other provision of this
part, the Secretary may designate the medicare
operated prescription drug plan as the fallback
prescription drug plan for any fallback service
area (as defined in section 1860D-11(g)(3))
determined to be appropriate by the
Secretary.''.
(2) Section 1860D-13(c)(3) of such Act, as added by such
section, is amended--
(A) in the heading, by inserting ``and medicare
operated prescription drug plans'' after ``Fallback
plans''; and
(B) by inserting ``or a medicare operated
prescription drug plan'' after ``a fallback
prescription drug plan''.
(3) Section 1860D-16(b)(1) of such Act, as added by such
section, is amended--
(A) in subparagraph (C), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
``(E) payments for expenses incurred with respect
to the operation of medicare operated prescription drug
plans under section 1860D-11A.''.
(4) Section 1860D-41(a) of such Act, as added by such
section, is amended by adding at the end the following new
paragraph:
``(19) Medicare operated prescription drug plan.--The term
`medicare operated prescription drug plan' has the meaning
given such term in section 1860D-11A(c).''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003. | Medicare Prescription Drug Savings Act of 2003 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, as added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the Secretary of Health and Human Services, for each year beginning with 2006, to: (1) offer a Medicare operated prescription drug plan nationally that only offers standard prescription drug coverage and access to negotiated prices, but not any supplemental prescription drug coverage; and (2) enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs for eligible part D individuals, and encourage use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally and determined by the Secretary. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the medicare program."} | 1,200 | 172 | 0.651163 | 1.689618 | 0.652991 | 3.947712 | 6.784314 | 0.928105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Character Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Inadequate land use planning at the State level
contributes to increased public and private capital costs for
infrastructure development, loss of community character, and
environmental degradation.
(2) Although land use planning is rightfully within the
jurisdiction of State and local governments, comprehensive land
use planning and urban development should be supported by the
Federal Government and State governments.
(3) States should provide a proper climate and context for
planning through legislation in order for appropriate
comprehensive land use planning and urban development to occur.
(4) Many States have outdated land use planning
legislation, and many States are undertaking efforts to update
and reform the legislation.
(5) Efforts to coordinate State and regional investments
with local plans require additional planning at the State
level.
(6) Housing is a critical component of sustainable urban
development, and land use planning should provide for a range
of housing options to offer choice in location, type, and
affordability to all members of the community.
(7) The Federal Government and State governments should
support the efforts of tribal governments and Native Hawaiian
organizations to implement land use planning and community
development to improve housing and socioeconomic conditions for
Indian tribes and Native Hawaiians.
SEC. 3. HOUSING AND URBAN DEVELOPMENT GRANTS TO STATES TO DEVELOP OR
UPDATE LAND USE PLANNING LEGISLATION.
(a) Grant Program Authorized.--The Secretary of Housing and Urban
Development shall establish a program to provide grants to States for
the purpose of assisting in--
(1) as a first priority, the development or revision of
land use planning legislation in those States that have
inadequate or outmoded land use planning legislation;
(2) the creation or revision of State comprehensive land
use plans or plan elements in those States that have previously
updated land use planning legislation; and
(3) the development or revision of comprehensive land use
plans or plan elements for multi-State regions.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State planning director shall submit to the Secretary
an application, in such form as the Secretary may require, that
demonstrates to the Secretary that the basic goals of the State
regarding land use planning legislation are consistent with all of the
following guidelines:
(1) Citizen representation.--Citizens are notified and
citizen representation is required in the developing, adopting,
and updating of land use plans.
(2) Multijurisdictional cooperation.--In order to
effectively manage the impacts of urban development and to
provide for resource sustainability, land use plans are created
based on multi-jurisdictional governmental cooperation, when
practicable, particularly in the case of land use plans based
on watershed boundaries.
(3) Implementation elements.--Land use plans contain an
implementation element that--
(A) includes a timetable for action and a
definition of the respective roles and responsibilities
of agencies, local governments, and citizens of the
State;
(B) is consistent with State capital budget
objectives; and
(C) provides the framework for decisions relating
to the siting of future infrastructure development,
including development of utilities and utility
distribution systems.
(4) Comprehensive planning.--There is comprehensive
planning to encourage land use plans that--
(A) promote sustainable economic development and
social equity;
(B) enhance community character;
(C) coordinate transportation, housing, education,
and other infrastructure development;
(D) conserve historic resources, scenic resources,
and the environment;
(E) sustainably manage natural resources; and
(F) provide for a range of housing options,
including provisions that promote and accommodate
housing affordability.
(5) Updating.--Land use plans are routinely updated.
(6) Standards.--Land use plans reflect an approach that is
consistent with established professional planning standards.
(c) Use of Grant Funds.--Grant funds received by a State under
subsection (a) shall be used to obtain technical assistance in--
(1) drafting land use planning legislation;
(2) research and development for land use planning programs
and requirements relating to the development of State guide
plans;
(3) conducting workshops, educating and consulting policy
makers, and involving citizens in the planning process; and
(4) integrating State and regional concerns and land use
plans with Federal land use plans.
(d) Amount of Grant.--The amount of a grant under subsection (a)
shall not exceed $1,000,000.
(e) Cost-Sharing.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of a project funded with a grant under subsection
(a) shall not exceed 90 percent.
(2) Increased federal share.--The Secretary may increase
the Federal share in the case of a grant to a tribal government
or Native Hawaiian organization if the Secretary finds that the
tribal government or Native Hawaiian organization does not have
sufficient funds to contribute to the project.
(f) Coordination.--The Secretary shall encourage Federal land
management agencies to coordinate land use planning for Federal land
with the State planning director responsible for the drafting and
updating of State guide plans or guidance documents regulating land use
and infrastructure development on a statewide basis.
(g) Audits.--
(1) In general.--The Inspector General of the Department of
Housing and Urban Development shall conduct an audit of a
portion of the grants provided under this section to ensure
that all funds provided under the grants are used for the
purposes specified in this section.
(2) Use of audit results.--The results of audits conducted
under paragraph (1) and any recommendations made in connection
with the audits shall be taken into consideration in awarding
any future grant under this section to a State.
(h) Definitions.--In this section:
(1) Land use planning legislation.--The term ``land use
planning legislation'' means a statute, regulation, executive
order or other action taken by a State to guide, regulate, and
assist in the planning, regulation, and management of land,
natural resources, development practices, and other activities
related to the pattern and scope of future land use.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) State.--The term ``State'' means any of the following:
(A) One of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, or the Commonwealth of
the Northern Mariana Islands.
(B) A tribal government.
(C) A Native Hawaiian organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(4) State planning director.--The term ``State planning
director'' means the State official designated by statute or by
the chief executive officer of the State whose principal
responsibility is the drafting and updating of State guide
plans or guidance documents that regulate land use and urban
development on a statewide basis.
(5) Tribal government.--The term ``tribal government''
means the tribal government of an Indian tribe, as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of the
fiscal years 2002 through 2006. | Community Character Act of 2001 - Directs the Secretary of Housing and Urban Development to establish a program to provide grants to States (including tribal governments and Native Hawaiian organizations) to assist in the development or revision of land use planning legislation and the creation or revision of State and multi-State comprehensive land use plans or plan elements.Requires grant funds to be used to obtain technical assistance in: (1) drafting such legislation; (2) research and development for land use planning programs and requirements relating to the development of State guide plans; (3) conducting workshops, educating and consulting policy makers, and involving citizens in the planning process; and (4) integrating State and regional concerns and land use plans with such Federal plans.Authorizes increased Federal cost sharing for projects with tribal governments or Native Hawaiian organizations. | {"src": "billsum_train", "title": "To authorize the Secretary of Housing and Urban Development to make grants to assist States, tribal governments, and Native Hawaiian organizations in their efforts to develop or update land use planning legislation in order to promote more environmentally compatible and effective urban development, improved quality of life, regionalism, sustainable economic development, and environmental stewardship, and for other purposes."} | 1,599 | 166 | 0.674526 | 1.838178 | 0.781067 | 5.732484 | 9.713376 | 0.968153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Flood Insurance Program
Termination Act of 2010''.
SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Termination of Authority To Provide Coverage.--Effective at the
end of December 31, 2013, the Administrator of the Federal Emergency
Management Agency (in this section referred to as the
``Administrator'') shall not provide any new flood insurance coverage,
or renew any coverage provided before such date, under the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
(b) Treatment of Existing Coverage.--Subsection (a) shall not--
(1) affect any flood insurance coverage provided under such
Act under a contract or agreement entered into before the date
specified in such subsection and, notwithstanding the repeals
under section 3, such provisions as in effect immediately
before such repeal shall continue to apply with respect to
flood insurance coverage in force after such repeal; or
(2) require the termination of any contract or other
agreement for flood insurance coverage entered into before such
date.
(c) Wind-Up.--After the date specified in subsection (a), the
Administrator shall take such actions as may be necessary steps to wind
up the affairs of the National Flood Insurance Program.
(d) Treatment of Funds.--Amounts in the National Flood Insurance
Fund established under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) shall be available to the Administrator for
performing the functions of the Administrator with respect to flood
insurance coverage remaining in force after the date specified in
subsection (a). Upon the expiration of the contracts and agreements for
such coverage, any unexpended balances in such Fund shall be deposited
in the Treasury as miscellaneous receipts.
(e) Savings Provisions.--
(1) Treatment of prior determinations.--The repeals made by
section 3 of the provisions of law specified in such section
shall not affect any order, determination, regulation, or
contract that has been issued, made, or allowed to become
effective under such provisions before the effective date of
the repeal. All such orders, determinations, regulations, and
contracts shall continue in effect until modified, superseded,
terminated, set aside, or revoked in accordance with law by the
President, the Administrator, or other authorized official, a
court of competent jurisdiction, or by operation of law.
(2) Pending proceedings.--
(A) Effect on pending proceedings.--The repeals
made by section 3 shall not affect any proceedings
relating to the National Flood Insurance Program,
including notices of proposed rulemaking, pending on
the effective date of the repeals, before the Federal
Emergency Management Agency, except that no assistance
or flood insurance coverage may be provided pursuant to
any application pending on such effective date. Such
proceedings, to the extent that they relate to
functions performed by the Administrator after such
repeal, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if
this Act had not been enacted; and orders issued in any
such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by the
Administrator, by a court of competent jurisdiction, or
by operation of law.
(B) Construction.--Nothing in this subsection may
be construed to prohibit the discontinuance or
modification of any proceeding described in
subparagraph (A) 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) Actions.--This section shall not affect suits commenced
before the effective date of the repeals made by section 3, and
in all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and effect as if this
section had not been enacted.
(4) Liabilities incurred.--No suit, action, or other
proceeding commenced by or against an individual in the
official capacity of such individual as an officer of the
Federal Emergency Management Agency having any responsibility
for the National Flood Insurance Program shall abate by reason
of the enactment of this section. No cause of action relating
to such Program, by or against the Federal Emergency Management
Agency, or by or against any officer thereof in the official
capacity of such officer having any responsibility for such
program, shall abate by reason of the enactment of this
section.
SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING RESPONSIBILITIES.
(a) National Flood Insurance Act of 1968.--The National Flood
Insurance Act of 1968 is amended--
(1) by striking section 1302 (42 U.S.C. 4001);
(2) by striking chapters I and II (42 U.S.C. 4011 et seq.);
(3) in section 1360 (42 U.S.C. 4101)--
(A) in subsection (a)(2), by striking ``until the
date specified in section 1319'';
(B) by striking subsection (d);
(C) in subsection (g)--
(i) by striking ``To promote compliance
with the requirements of this title, the'' and
inserting ``The'';
(ii) by striking ``directly responsible for
coordinating the national flood insurance
program'';
(iii) in the last sentence, by striking
``National Flood Insurance Fund, pursuant to
section 1310(b)(6)'' and inserting the
following: ``General Fund of the Treasury and
shall be used only for reducing the debt of the
Federal Government''; and
(D) in subsection (i)--
(i) by striking ``free of charge'' and
inserting ``at cost'';
(ii) by striking ``and States and
communities participating in the national flood
insurance program pursuant to section 1310 and
at cost to all other'' and inserting ``, States
and communities, and other interested''; and
(iii) in the he last sentence, by striking
``National Flood Insurance Fund, pursuant to
section 1310(b)(6)'' and inserting the
following: ``General Fund of the Treasury and
shall be used only for reducing the debt of the
Federal Government'';
(4) by striking sections 1361A (42 U.S.C. 4102a);
(5) in section 1363(e) (42 U.S.C. 4104(e)), by striking the
third and fifth sentences; and
(6) in section 1364 (42 U.S.C. 4104a)--
(A) in subsection (a)--
(i) in paragraphs (1) and (2), by striking
``or the Flood Disaster Protection Act of
1973'' each place such term appears; and
(ii) in paragraph (3)--
(I) by striking subparagraphs (B)
and (C) and inserting the following:
``(B) a statement that flood insurance coverage may
be available in the private market or through a State-
sponsored program; and''; and
(II) by redesignating subparagraph
(D) as subparagraph (C);
(B) by striking subsections (b) and (c);
(7) in section 1365 (42 U.S.C. 4104b)--
(A) in subsection (a), by striking ``and in which
flood insurance under this title is available''; and
(B) in subsection (b)--
(i) by striking paragraph (1); and
(ii) in paragraph (2)--
(I) in the first sentence, by
striking ``the community identification
number and community participation
status (for purposes of the national
flood insurance program) of the
community in which the improved real
estate or such property is located,'';
and
(II) in the third sentence, by
striking ``because the building or
mobile home is not located in a
community that is participating in the
national flood insurance program or'';
(8) by striking sections 1366 and 1367 (42 U.S.C. 4104c,
4104d);
(9) in section 1370 (42 U.S.C. 4121)--
(A) by striking paragraphs (3), (4), (5), (7),
(14), and (15);
(B) in paragraph (12)(B), by striking the semicolon
at the end and inserting ``; and'';
(C) in paragraph (13), by striking the semicolon at
the end and inserting a period; and
(D) by redesignating paragraphs (6), (8), (9),
(10), (11), (12), and (13), as so amended, as
paragraphs (3), (4), (5), (6), (7), (8), and (9),
respectively;
(10) by striking sections 1371 through 1375 (42 U.S.C.
4122-26);
(11) in section 1376 (42 U.S.C. 4127)--
(A) in subsection (a), by striking ``to carry out
this title'' and all that follows through the end of
paragraph (3) and inserting ``to carry out the mapping,
studies, investigations, and other responsibilities of
the Director under this title''; and
(B) by striking subsection (c); and
(12) by striking section 1377 (42 U.S.C. 4001 note).
(b) Flood Disaster Protection Act of 1973.--The Flood Disaster
Protection Act of 1973 is amended--
(1) by striking section 2 (42 U.S.C. 4002);
(2) by striking section 102 (42 U.S.C. 4012a);
(3) in section 201 (42 U.S.C. 4105)--
(A) by striking subsection (a) and inserting the
following new subsection:
``(a) As information becomes available to the Director concerning
the existence of flood hazards, the Director shall publish information
in accordance with section 1360(a)(1) of the National Flood Insurance
Act of 1968 and shall notify the chief executive officer of each known
flood-prone community of its tentative identification as a community
containing one or more areas having special flood hazards.'';
(B) in subsection (b), by striking ``shall either
(1) promptly make proper application to participate in
the national flood insurance program or (2)'' and
inserting ``may'';
(C) by striking subsections (c) and (d);
(D) by redesignating subsection (e) as subsection
(c); and
(4) by striking section 202 (42 U.S.C. 4106).
(c) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of
2004.--Title II of the Bunning-Bereuter-Blumenauer Flood Insurance
Reform Act of 2004 (42 U.S.C. 4011 note).
(d) National Flood Insurance Reform Act of 1994.--The National
Flood Insurance Reform Act of 1994 is amended by striking sections 561
(42 U.S.C. 4011 note), 562 (42 U.S.C. 4102 note), 578 (42 U.S.C. 4014
note), 579(b), and 582 (42 U.S.C. 5154a).
(e) Federal Flood Insurance Act of 1956.--Section 15 of the Federal
Flood Insurance Act of 1956 (42 U.S.C. 2414) is amended by striking
subsection (e).
(f) Effective Date.--The amendments made by this section shall take
effect at the end of December 31, 2013.
SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE COVERAGE.
(a) Congressional Consent.--The consent of the Congress is hereby
given to any two or more States to enter into agreement or compacts,
not in conflict with any law of the United States, for making available
to interested persons insurance coverage against loss resulting from
physical damage to or loss of real property or personal property
related thereto arising from any flood occurring in the United States.
(b) Rights Reserved.--The right to alter, amend, or repeal this
section, or consent granted by this section, is expressly reserved to
the Congress. | National Flood Insurance Program Termination Act of 2010 [sic] - Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from providing any new flood insurance coverage after December 31, 2013, or renewing any coverage provided before such date, under the National Flood Insurance Act of 1968.
Terminates the National Flood Insurance Program on such date. Makes conforming repeal amendments to the National Flood Insurance Act of 1968, the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, the National Flood Insurance Reform Act of 1994, and the Federal Flood Insurance Act of 1956.
Grants the consent of Congress to any two or more states to enter into agreements or compacts for making flood insurance available to interested persons for loss and damage arising from any flood occurring in the United States. | {"src": "billsum_train", "title": "To terminate the National Flood Insurance Program and related mandatory purchase and compliance requirements, and for other purposes."} | 2,697 | 167 | 0.536564 | 1.443318 | 0.723727 | 4.84 | 16.326667 | 0.933333 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting Young
Victims from Sexual Abuse and Safe Sport Authorization Act of 2017''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE
Sec. 101. Required reporting of child and sexual abuse.
Sec. 102. Civil remedy for personal injuries.
TITLE II--UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION
Sec. 201. Expansion of the purposes of the corporation.
Sec. 202. Designation of the United States Center for Safe Sport.
Sec. 203. Additional requirements for granting sanctions for amateur
athletic competitions.
Sec. 204. General requirements for youth-serving amateur sports
organizations.
TITLE I--PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE
SEC. 101. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE.
(a) Reporting Requirement.--Section 226 of the Victims of Child
Abuse Act of 1990 (34 U.S.C. 20341) is amended--
(1) in subsection (a)--
(A) by striking ``A person who'' and inserting the
following:
``(1) Covered professionals.--A person who''; and
(B) by adding at the end the following:
``(2) Covered individuals.--A covered individual who learns of
facts that give reason to suspect that a child has suffered an
incident of child abuse, including sexual abuse, shall as soon as
possible make a report of the suspected abuse to the agency
designated by the Attorney General under subsection (d).'';
(2) in subsection (b), in the matter preceding paragraph (1),
by striking ``subsection (a)'' and inserting ``subsection (a)(1)'';
(3) in subsection (c)--
(A) in paragraph (7), by striking ``and'' at the end;
(B) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(9) the term `covered individual' means an adult who is
authorized, by a national governing body, a member of a national
governing body, or an amateur sports organization that participates
in interstate or international amateur athletic competition, to
interact with a minor or amateur athlete at an amateur sports
organization facility or at any event sanctioned by a national
governing body, a member of a national governing body, or such an
amateur sports organization;
``(10) the term `event' includes travel, lodging, practice,
competition, and health or medical treatment;
``(11) the terms `amateur athlete', `amateur athletic
competition', `amateur sports organization', `international amateur
athletic competition', and `national governing body' have the
meanings given the terms in section 220501(b) of title 36, United
States Code; and
``(12) the term `as soon as possible' means within a 24-hour
period.'';
(4) in subsection (d), in the first sentence, by inserting
``and for all covered individuals'' after ``reside'';
(5) in subsection (f), in the first sentence--
(A) by striking ``and on all'' and inserting ``on all'';
and
(B) by inserting ``and for all covered individuals,'' after
``lands,'';
(6) in subsection (h), by inserting ``and all covered
individuals,'' after ``facilities,''; and
(7) by adding at the end the following:
``(i) Rule of Construction.--Nothing in this section shall be
construed to require a victim of child abuse to self-report the
abuse.''.
(b) Penalty for Failure To Report.--Section 2258 of title 18,
United States Code, is amended by inserting ``or a covered individual
as described in subsection (a)(2) of such section 226 who,'' after
``facility,''.
SEC. 102. CIVIL REMEDY FOR PERSONAL INJURIES.
Section 2255 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Any person who, while a minor, was a victim of a
violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251,
2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who
suffers personal injury as a result of such violation, regardless of
whether the injury occurred while such person was a minor, may sue in
any appropriate United States District Court and shall recover the
actual damages such person sustains or liquidated damages in the amount
of $150,000, and the cost of the action, including reasonable
attorney's fees and other litigation costs reasonably incurred. The
court may also award punitive damages and such other preliminary and
equitable relief as the court determines to be appropriate.'';
(2) in subsection (b), by striking ``filed within'' and all
that follows through the end and inserting the following: ``filed--
``(1) not later than 10 years after the date on which the
plaintiff reasonably discovers the later of--
``(A) the violation that forms the basis for the claim; or
``(B) the injury that forms the basis for the claim; or
``(2) not later than 10 years after the date on which the
victim reaches 18 years of age.''; and
(3) by adding at the end the following:
``(c) Venue; Service of Process.--
``(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28.
``(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which the
defendant--
``(A) is an inhabitant; or
``(B) may be found.''.
TITLE II--UNITED STATES CENTER FOR SAFE SPORT AUTHORIZATION
SEC. 201. EXPANSION OF THE PURPOSES OF THE CORPORATION.
Section 220503 of title 36, United States Code, is amended--
(1) in paragraph (13), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (14), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(15) to promote a safe environment in sports that is free
from abuse, including emotional, physical, and sexual abuse, of any
amateur athlete.''.
SEC. 202. DESIGNATION OF THE UNITED STATES CENTER FOR SAFE SPORT.
(a) In General.--Chapter 2205 of title 36, United States Code, is
amended by adding at the end the following:
``Subchapter III--United States Center for Safe Sport
``Sec. 220541. Designation of United States Center for Safe Sport
``(a) In General.--The United States Center for Safe Sport shall--
``(1) serve as the independent national safe sport organization
and be recognized worldwide as the independent national safe sport
organization for the United States;
``(2) exercise jurisdiction over the corporation, each national
governing body, and each paralympic sports organization with regard
to safeguarding amateur athletes against abuse, including
emotional, physical, and sexual abuse, in sports;
``(3) maintain an office for education and outreach that shall
develop training, oversight practices, policies, and procedures to
prevent the abuse, including emotional, physical, and sexual abuse,
of amateur athletes participating in amateur athletic activities
through national governing bodies and paralympic sports
organizations;
``(4) maintain an office for response and resolution that shall
establish mechanisms that allow for the reporting, investigation,
and resolution, pursuant to subsection (c), of alleged sexual abuse
in violation of the Center's policies and procedures; and
``(5) ensure that the mechanisms under paragraph (4) provide
fair notice and an opportunity to be heard and protect the privacy
and safety of complainants.
``(b) Policies and Procedures.--The policies and procedures
developed under subsection (a)(3) shall apply as though they were
incorporated in and made a part of section 220524 of this title.
``(c) Binding Arbitration.--
``(1) In general.--The Center may, in its discretion, utilize a
neutral arbitration body and develop policies and procedures to
resolve allegations of sexual abuse within its jurisdiction to
determine the opportunity of any amateur athlete, coach, trainer,
manager, administrator, or official, who is the subject of such an
allegation, to participate in amateur athletic competition.
``(2) Preservation of rights.--Nothing in this section shall be
construed as altering, superseding, or otherwise affecting the
right of an individual within the Center's jurisdiction to pursue
civil remedies through the courts for personal injuries arising
from abuse in violation of the Center's policies and procedures,
nor shall the Center condition the participation of any such
individual in a proceeding described in paragraph (1) upon an
agreement not to pursue such civil remedies.
``(d) Limitation on Liability.--
``(1) In general.--Except as provided in paragraph (2), an
applicable entity shall not be liable for damages in any civil
action for defamation, libel, slander, or damage to reputation
arising out of any action or communication, if the action arises
from the execution of the responsibilities or functions described
in this section, section 220542, or section 220543.
``(2) Exception.--Paragraph (1) shall not apply in any action
in which an applicable entity acted with actual malice, or provided
information or took action not pursuant to this section, section
220542, or section 220543.
``(3) Definition of applicable entity.--In this subsection, the
term `applicable entity' means--
``(A) the Center;
``(B) a national governing body;
``(C) a paralympic sports organization;
``(D) an amateur sports organization or other person
sanctioned by a national governing body under section 220525;
``(E) an amateur sports organization reporting under
section 220530;
``(F) any officer, employee, agent, or member of an entity
described in subparagraph (A), (B), (C), (D), or (E); and
``(G) any individual participating in a proceeding pursuant
to this section.
``Sec. 220542. Additional duties.
``(a) In General.--The Center shall--
``(1) develop training, oversight practices, policies, and
procedures for implementation by a national governing body or
paralympic sports organization to prevent the abuse, including
emotional, physical, and sexual abuse, of any amateur athlete; and
``(2) include in the policies and procedures developed under
section 220541(a)(3)--
``(A) a requirement that all adult members of a national
governing body, a paralympic sports organization, or a facility
under the jurisdiction of a national governing body or
paralympic sports organization, and all adults authorized by
such members to interact with an amateur athlete, report
immediately any allegation of child abuse of an amateur athlete
who is a minor to--
``(i) the Center, whenever such members or adults learn
of facts leading them to suspect reasonably that an amateur
athlete who is a minor has suffered an incident of child
abuse; and
``(ii) law enforcement consistent with section 226 of
the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341);
``(B) a mechanism, approved by a trained expert on child
abuse, that allows a complainant to report easily an incident
of child abuse to the Center, a national governing body, law
enforcement authorities, or other appropriate authorities;
``(C) reasonable procedures to limit one-on-one
interactions between an amateur athlete who is a minor and an
adult (who is not the minor's legal guardian) at a facility
under the jurisdiction of a national governing body or
paralympic sports organization without being in an observable
and interruptible distance from another adult, except under
emergency circumstances;
``(D) procedures to prohibit retaliation, by any national
governing body or paralympic sports organization, against any
individual who makes a report under subparagraph (A) or
subparagraph (B);
``(E) oversight procedures, including regular and random
audits conducted by subject matter experts unaffiliated with,
and independent of, a national governing body or a paralympic
sports organization of each national governing body and
paralympic sports organization to ensure that policies and
procedures developed under that section are followed correctly
and that consistent training is offered and given to all adult
members who are in regular contact with amateur athletes who
are minors, and subject to parental consent, to members who are
minors, regarding prevention of child abuse; and
``(F) a mechanism by which a national governing body or
paralympic sports organization can--
``(i) share confidentially a report of suspected child
abuse of an amateur athlete who is a minor by a member of a
national governing body or paralympic sports organization,
or an adult authorized by a national governing body,
paralympic sports organization, or an amateur sports
organization to interact with an amateur athlete who is a
minor, with the Center, which in turn, may share with
relevant national governing bodies, paralympic sports
organizations, and other entities; and
``(ii) withhold providing to an adult who is the
subject of an allegation of child abuse authority to
interact with an amateur athlete who is a minor until the
resolution of such allegation.
``(b) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of a national governing body or
paralympic sports organization to impose an interim measure to prevent
an individual who is the subject of an allegation of sexual abuse from
interacting with an amateur athlete prior to the Center exercising its
jurisdiction over a matter.
``Sec. 220543. Records, audits, and reports
``(a) Records.--The Center shall keep correct and complete records
of account.
``(b) Report.--The Center shall submit an annual report to
Congress, including--
``(1) an audit conducted and submitted in accordance with
section 10101; and
``(2) a description of the activities of the Center.''.
(b) Conforming Amendment.--Section 220501(b) of title 36, United
States Code, is amended--
(1) by redesignating paragraphs (4) through (8) as paragraphs
(6) through (10), respectively; and
(2) by inserting after paragraph (3), the following:
``(4) `Center' means the United States Center for Safe Sport
designated under section 220541.
``(5) `child abuse' has the meaning given the term in section
212 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20302).''.
(c) Technical Amendment.--The table of contents of chapter 2205 of
title 36, United States Code, is amended by adding at the end the
following:
``subchapter iii--united states center for safe sport
``220541. Designation of United States Center for Safe Sport.
``220542. Additional duties.
``220543. Records, audits, and reports.''.
SEC. 203. ADDITIONAL REQUIREMENTS FOR GRANTING SANCTIONS FOR
AMATEUR ATHLETIC COMPETITIONS.
Section 220525(b)(4) is amended--
(1) in subparagraph (E), by striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (F), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) the amateur sports organization or person requesting
sanction from a national governing body will implement and
abide by the policies and procedures to prevent the abuse,
including emotional, physical, and child abuse, of amateur
athletes participating in amateur athletic activities
applicable to such national governing body.''.
SEC. 204. GENERAL REQUIREMENTS FOR YOUTH-SERVING AMATEUR SPORTS
ORGANIZATIONS.
(a) In General.--Subchapter II of chapter 2205 of title 36, United
States Code, is amended by adding at the end the following:
``Sec. 220530. Other amateur sports organizations
``(a) In General.--An applicable amateur sports organization
shall--
``(1) comply with the reporting requirements of section 226 of
the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341);
``(2) establish reasonable procedures to limit one-on-one
interactions between an amateur athlete who is a minor and an adult
(who is not the minor's legal guardian) at a facility under the
jurisdiction of the applicable amateur sports organization without
being in an observable and interruptible distance from another
adult, except under emergency circumstances;
``(3) offer and provide consistent training to all adult
members who are in regular contact with amateur athletes who are
minors, and subject to parental consent, to members who are minors,
regarding prevention and reporting of child abuse to allow a
complainant to report easily an incident of child abuse to
appropriate persons; and
``(4) prohibit retaliation, by the applicable amateur sports
organization, against any individual who makes a report under
paragraph (1).
``(b) Definition of Applicable Amateur Sports Organization.--In
this section, the term `applicable amateur sports organization' means
an amateur sports organization--
``(1) that is not otherwise subject to the requirements under
subchapter III;
``(2) that participates in an interstate or international
amateur athletic competition; and
``(3) whose membership includes any adult who is in regular
contact with an amateur athlete who is a minor.''.
(b) Technical Amendment.--The table of contents of chapter 2205 of
title 36, United States Code, is amended by inserting after the item
relating to section 220529 the following:
``220530. Other amateur sports organizations.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Protecting Young Victims from Sexual Abuse Act of 2017 This bill amends the Victims of Child Abuse Act of 1990 to extend the duty to report suspected child abuse, including sexual abuse, to certain adults who are authorized to interact with minor or amateur athletes at a facility under the jurisdiction of a national governing body. A national governing body is an amateur sports organization that is recognized by the International Olympic Committee. An individual who is required, but fails, to report suspected child sex abuse is subject to criminal penalties. Additionally, the bill amends the federal criminal code to revise civil remedy provisions for a victim of a human trafficking offense or federal sex offense. Among other things, it changes the civil statute of limitations to 10 years from the date the victim discovers the violation or injury (currently, 10 years from the date the cause of action arose). The bill also extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently, 3 years) from the date such individual reaches age 18. Finally, the bill amends the Amateur Sports Act of 1978: (1) to authorize national governing bodies to develop training, practices, policies, and procedures to prevent the abuse of minor or amateur athletes; and (2) to require national governing bodies to develop and enforce policies, mechanisms, and procedures to prevent, report, and respond to the abuse of minor or amateur athletes. | {"src": "billsum_train", "title": "Protecting Young Victims from Sexual Abuse Act of 2017"} | 4,279 | 313 | 0.539622 | 1.66646 | 0.643783 | 2.245552 | 13.743772 | 0.814947 |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the United States
Commission on Planetary Defense (in this Act referred to as the
``Commission'').
SEC. 2. PURPOSES.
The purposes of the Commission are to--
(1) determine capabilities of United States Government
entities, nongovernment organizations, foreign governments and
entities, and international bodies to detect, characterize, and
neutralize potentially dangerous Near Earth Objects (in this
Act referred to as ``NEOs'');
(2) identify and evaluate roles and responsibilities of
United States Government entities to detect, characterize, and
neutralize potentially dangerous NEOs;
(3) determine United States effectiveness in leading
international efforts to detect, characterize, and neutralize
potentially dangerous NEOs;
(4) build upon United States Government and foreign
analyses, studies, and assessments, without duplicating
efforts, to determine current and required NEO characterization
and mitigation capabilities;
(5) identify and report on technology development required
to provide effective planetary defense from dangerous NEOs; and
(6) investigate and report to the President and Congress on
its findings, conclusions, and recommendations for corrective
measures that can be taken to provide planetary defense.
SEC. 3. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 7 members, of
whom--
(1) 1 member shall be appointed by the Chairman of the
Committee on Science and Technology of the House of
Representatives, who shall serve as chairman of the Commission;
(2) 1 member shall be appointed by the Chairman of the
Committee on Commerce, Science, and Transportation of the
Senate, who shall serve as vice chairman of the Commission;
(3) 1 member shall be appointed by the Chairman of the
Committee on Science and Technology of the House of
Representatives;
(4) 2 members shall be appointed by the Ranking Minority
Member of the Committee on Science and Technology of the House
of Representatives;
(5) 1 member shall be appointed by the Chairman of the
Committee on Commerce, Science, and Transportation of the
Senate; and
(6) 1 member shall be appointed by the Ranking Minority
Member of the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Qualifications; Initial Meeting.--
(1) Nongovernmental appointees.--An individual appointed to
the Commission may be an officer or employee of the Federal
Government or any State or local government.
(2) Other qualifications.--Individuals appointed to the
Commission shall be prominent United States citizens, with
national recognition and significant depth of experience in
astronomy, geology, physics, nuclear weapons systems, space
systems, advanced technology, foreign affairs, or other
relevant disciplines.
(3) Deadline for appointment.--All members of the
Commission shall be appointed on or before [_____, 2010].
(4) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Four members of the Commission shall constitute a quorum. Any vacancy
in the Commission shall not affect its powers, but shall be filled in
the same manner in which the original appointment was made.
SEC. 4. FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are as follows:
(1) Identify, review, and evaluate the structure,
coordination, management policies, and procedures of the
Federal Government, and, as appropriate, international bodies,
and nongovernmental entities, relative to detecting,
characterizing, mitigating, and over all response efforts to
dangerous NEOs.
(2) Assess United States and foreign technology readiness
levels required to provide effective planetary defense and make
recommendations to develop required technologies, including NEO
detection and characterization systems, spacecraft, propulsion
systems, nuclear devices, high order explosive systems,
modeling and simulation capabilities, and laser systems.
(3) Submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and recommendations as the Commission shall determine,
including proposing organization, coordination, planning,
management arrangements, procedures, rules, and regulations.
SEC. 5. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths.
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 6. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 10(a) and (b).
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 7. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
consultation with vice chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this paragraph may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees 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.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 8. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 9. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 10. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 18 months after the date of
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 120 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 120-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 11. FUNDING.
[(a) Transfer From the ____.--Of the amounts authorized to be
appropriated by this Act and made available in Public Law _____ not to
exceed $2,000,000 shall be available for transfer to the Commission for
purposes of the activities of the Commission under this Act.]
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission. | Establishes in the legislative branch the United States Commission on Planetary Defense to: (1) review the structure, coordination, management policies, and procedures of the federal government, and as appropriate, international bodies, and nongovernmental entities, relative to the detection, characterization, mitigation, and over all response efforts to dangerous Near-Earth Objects (NEOs); (2) assess U.S. and foreign technology readiness levels required to provide effective planetary defense and make recommendations to develop required technologies, including NEO detection and characterization systems, spacecraft, nuclear devices, and laser systems; and (3) submit interim reports and a final report to the President and Congress containing such findings, conclusions, and recommendations as the Commission shall determine for corrective measures.
Sets forth provisions regarding the membership, powers, and staff of the Commission. | {"src": "billsum_train", "title": "To establish a United States Commission on Planetary Defense, and for other purposes."} | 2,556 | 171 | 0.67604 | 2.081819 | 0.791078 | 4.821656 | 15.197452 | 0.961783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Consumer Financial
Protection Regulations Act of 2011''.
SEC. 2. ESTABLISHMENT OF THE COMMISSION.
Section 1011 of the Consumer Financial Protection Act of 2010 is
amended--
(1) by striking subsections (b), (c), and (d);
(2) by redesignating subsection (e) as subsection (j); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Establishment of the Commission.--
``(1) In general.--There is hereby established a commission
(hereinafter referred to in this section as the `Commission')
that shall serve as the head of the Bureau.
``(2) Authority to prescribe regulations.--The Commission
may prescribe such regulations and issue such orders in
accordance with this title as the Commission may determine to
be necessary for carrying out this title and all other laws
within the Commission's jurisdiction and shall exercise any
authorities granted under this title and all other laws within
the Commission's jurisdiction.
``(c) Composition of the Commission.--
``(1) In general.--The Commission shall be composed of the
Vice Chairman for Supervision of the Federal Reserve System and
4 additional members who shall be appointed by the President,
by and with the advice and consent of the Senate, from among
individuals who--
``(A) are citizens of the United States;
``(B) have strong competencies and experiences
related to consumer financial protection; and
``(C) should want to protect service members and
their families who are sacrificing their lives for this
country from abusive financial practices.
``(2) Staggering.--The members of the Commission appointed
under paragraph (1) shall serve staggered terms, which
initially shall be established by the President for terms of 1,
2, 4, and 5 years, respectively.
``(3) Terms.--
``(A) In general.--Each member of the Commission
appointed under paragraph (1), including the Chair,
shall serve for a term of 5 years.
``(B) Removal for cause.--The President may remove
any member of the Commission appointed under paragraph
(1) only for inefficiency, neglect of duty, or
malfeasance in office.
``(C) Vacancies.--Any member of the Commission
appointed under paragraph (1) appointed to fill a
vacancy occurring before the expiration of the term to
which that member's predecessor was appointed
(including the Chair) shall be appointed only for the
remainder of the term.
``(D) Continuation of service.--Each member of the
Commission appointed under paragraph (1) may continue
to serve after the expiration of the term of office to
which that member was appointed until a successor has
been appointed by the President and confirmed by the
Senate, except that a member may not continue to serve
more than 1 year after the date on which that member's
term would otherwise expire.
``(E) Other employment prohibited.--No member of
the Commission appointed under paragraph (1) shall
engage in any other business, vocation, or employment.
``(4) Roles and responsibilities of commissioners.--One
member of the Commission shall have as their primary
responsibility the oversight of the Bureau's activities
pertaining to protecting consumers, with a focus on consumers
who are older, minorities, youth, or veterans, from unfair,
deceptive, and abusive lending practices. The designated
commissioner shall be responsible for--
``(A) ensuring the Bureau conducts regular outreach
to consumers regarding industry lending activities;
``(B) researching and reporting to the full
Commission, on a regular basis, the impact of new loan
and credit products and services on consumers; and
``(C) ensuring the Bureau coordinates with State-
level consumer protection agencies on enforcement
measures that protect consumers from unfair, deceptive,
and abusive lending practices.
``(d) Affiliation.--With respect to members appointed pursuant to
subsection (c)(1), not more than 2 shall be members of any one
political party.
``(e) Chair of the Commission.--
``(1) Appointment.--The Chair of the Commission shall be
appointed by the President from among the members of the
Commission appointed under paragraph (1).
``(2) Authority.--The Chair shall be the principal
executive officer of the Bureau, and shall exercise all of the
executive and administrative functions of the Bureau, including
with respect to--
``(A) the appointment and supervision of personnel
employed under the Bureau (other than personnel
employed regularly and full time in the immediate
offices of members of the Commission other than the
Chair);
``(B) the distribution of business among personnel
appointed and supervised by the Chair and among
administrative units of the Bureau; and
``(C) the use and expenditure of funds.
``(3) Limitation.--In carrying out any of the Chair's
functions under the provisions of this subsection the Chair
shall be governed by general policies of the Commission and by
such regulatory decisions, findings, and determinations as the
Commission may by law be authorized to make.
``(4) Requests or estimates related to appropriations.--
Requests or estimates for regular, supplemental, or deficiency
appropriations on behalf of the Commission may not be submitted
by the Chair without the prior approval of the Commission.
``(f) No Impairment by Reason of Vacancies.--No vacancy in the
members of the Commission shall impair the right of the remaining
members of the Commission to exercise all the powers of the Commission.
Three members of the Commission shall constitute a quorum for the
transaction of business, except that if there are only 3 members
serving on the Commission because of vacancies in the Commission, 2
members of the Commission shall constitute a quorum for the transaction
of business. If there are only 2 members serving on the Commission
because of vacancies in the Commission, 2 members shall constitute a
quorum for the 6-month period beginning on the date of the vacancy
which caused the number of Commission members to decline to 2.
``(g) Seal.--The Commission shall have an official seal.
``(h) Compensation.--
``(1) Chair.--The Chair shall receive compensation at the
rate prescribed for level I of the Executive Schedule under
section 5313 of title 5, United States Code.
``(2) Other members of the commission.--The 3 other members
of the Commission appointed under subsection (c)(1) shall each
receive compensation at the rate prescribed for level II of the
Executive Schedule under section 5314 of title 5, United States
Code.
``(i) Initial Quorum Established.--During any time period prior to
the confirmation of at least two members of the Commission, one member
of the Commission shall constitute a quorum for the transaction of
business. Following the confirmation of at least 2 additional
commissioners, the quorum requirements of subsection (f) shall
apply.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Consumer Financial Protection Act of 2010.--
(1) In general.--The Consumer Financial Protection Act of
2010 is amended--
(A) in section 1002, by striking paragraph (10);
(B) in section 1012(c)(4), by striking ``Director''
each place such term appears and inserting ``Commission
of the Bureau'';
(C) in section 1013(c)(3)--
(i) by striking ``Assistant Director of the
Bureau for'' and inserting ``Head of the Office
of''; and
(ii) in subparagraph (B), by striking
``Assistant Director'' and inserting ``Head of
the Office'';
(D) in section 1013(g)(2)--
(i) by striking ``Assistant director'' and
inserting ``Head of the office''; and
(ii) by striking ``an assistant director''
and inserting ``a Head of the Office of
Financial Protection for Older Americans'';
(E) in section 1016(a), by striking ``Director of
the Bureau'' and inserting ``Chair of the Commission'';
(F) in section 1017(c)(1), by striking ``Director
and other employees'' and inserting ``members of the
Commission and other employees'';
(G) in section 1027(l)(1), by striking ``Director
and the''; and
(H) in section 1066(a), by striking ``Director of
the Bureau is'' and inserting ``first member of the
Commission is''.
(2) Global amendments.--The Consumer Financial Protection
Act of 2010 is amended--
(A) by striking ``Director of the'' each place such
term appears, other than in--
(i) subparagraphs (A) and (E) of section
1017(4);
(ii) section 1043;
(iii) section 1061(b)(3);
(iv) section 1062;
(v) section 1063(f);
(vi) subparagraphs (E) and (G) of section
1064(i)(2); and
(vii) section 1065(a); and
(B) by striking ``Director'' each place such term
appears and inserting ``Bureau'', other than in--
(i) section 1063(f)(2); and
(ii) section 1065(a).
(b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The
Dodd-Frank Wall Street Reform and Consumer Protection Act is amended--
(1) in section 111(b)(1)(D), by striking ``Director'' and
inserting ``Chair of the Commission''; and
(2) in section 1447, by striking ``Director of the Bureau''
each place such term appears and inserting ``Bureau''.
(c) Electronic Fund Transfer Act.--Section 921(a)(4)(C) of the
Electronic Fund Transfer Act, as added by section 1075(a)(2) of the
Consumer Financial Protection Act of 2010, is amended by striking
``Director of the Bureau of Consumer Financial Protection'' and
inserting ``Bureau of Consumer Financial Protection''.
(d) Expedited Funds Availability Act.--The Expedited Funds
Availability Act, as amended by section 1086 of the Consumer Financial
Protection Act of 2010, is amended by striking ``Director of the
Bureau'' each place such term appears and inserting ``Bureau''.
(e) Federal Deposit Insurance Act.--Section 2 of the Federal
Deposit Insurance Act, as amended by section 336(a) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act, is amended by striking
``Director of the Consumer Financial Protection Bureau'' each place
such term appears and inserting ``Chair of the Commission of the Bureau
of Consumer Financial Protection''.
(f) Federal Financial Institutions Examination Council Act of
1978.--Section 1004(a)(4) of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by
section 1091 of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director of the Consumer Financial Protection
Bureau'' and inserting ``Chair of the Commission of the Bureau of
Consumer Financial Protection''.
(g) Financial Literacy and Education Improvement Act.--Section 513
of the Financial Literacy and Education Improvement Act, as amended by
section 1013(d) of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director'' each place such term appears and
inserting ``Chair of the Commission''.
(h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home
Mortgage Disclosure Act of 1975, as amended by section 1094(6) of the
Consumer Financial Protection Act of 2010, is amended by striking
``Director of the Bureau of Consumer Financial Protection'' each place
such term appears and inserting ``Bureau of Consumer Financial
Protection''.
(i) Interstate Land Sales Full Disclosure Act.--The Interstate Land
Sales Full Disclosure Act, as amended by section 1098A of the Consumer
Financial Protection Act of 2010, is amended--
(1) by amending section 1402(1) to read as follows:
``(1) `Chair' means the Chair of the Commission of the Bureau of
Consumer Financial Protection;'';
(2) in section 1416(a), by striking ``Director of the
Bureau of Consumer Financial Protection'' and inserting
``Chair''; and
(3) by striking ``Director'' each place such term appears
and inserting ``Bureau''.
(j) Real Estate Settlement Procedures Act of 1974.--Section 5 of
the Real Estate Settlement Procedures Act of 1974, as amended by
section 1450 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, is amended--
(1) by striking ``The Director of the Bureau of Consumer
Financial Protection (hereafter in this section referred to as
the `Director')'' and inserting ``The Bureau of Consumer
Financial Protection''; and
(2) by striking ``Director'' each place such term appears
and inserting ``Bureau''.
(k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage
Licensing Act of 2008, as amended by section 1100 of the Consumer
Financial Protection Act of 2010, is amended--
(1) by striking ``Director'' each place such term appears
in headings and text and inserting ``Bureau''; and
(2) in section 1503, by striking paragraph (10).
(l) Title 44, United States Code.--Section 3513(c) of title 44,
United States Code, as amended by section 1100D(b) of the Consumer
Financial Protection Act of 2010, is amended by striking ``Director of
the Bureau'' and inserting ``Bureau''. | Responsible Consumer Financial Protection Regulations Act of 2011 - Amends the Consumer Financial Protection Act of 2010, (title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act), to replace the position of Director of the Bureau of Consumer Financial Protection with a five-member Commission composed of the Vice Chairman for Supervision of the Federal Reserve System and four additional members appointed by the President, with the advice and consent of the Senate, from among individuals who should want to protect service members and their families who are sacrificing their lives for this country from abusive financial practices.
Prohibits Commission members from engaging in any other business, vocation, or employment.
Requires one member of the Commission to exercise primary responsibility for the Bureau's oversight activities pertaining to protecting consumers, with a focus on consumers who are older, minorities, youth, or veterans, from unfair, deceptive, and abusive lending practices.
Prohibits the Chair of the Commission from making requests for estimates related to appropriations without prior Commission approval. | {"src": "billsum_train", "title": "To replace the Director of the Bureau of Consumer Financial Protection with a five person Commission."} | 3,093 | 219 | 0.624909 | 1.868678 | 0.803572 | 6.42268 | 14.376289 | 0.938144 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Application Publication Act
of 1995''.
SEC. 2. EARLY PUBLICATION.
Section 122 of title 35, United States Code, is amended to read as
follows:
``Sec. 122. Confidential status of applications; publication of patent
applications
``(a) Except as provided in subsection (b), applications for
patents shall be kept in confidence by the Patent and Trademark Office
and no information concerning the same given without authority of the
applicant or owner unless necessary to carry out the provisions of any
Act of Congress or in such special circumstances as may be determined
by the Commissioner.
``(b)(1) Subject to paragraph (2), each application for patent,
except applications for design patents under chapter 16 of this title
and provisional applications filed under section 111(b) of this title,
shall be published, in accordance with procedures as determined by the
Commissioner, as soon as possible after the expiration of a period of
18 months from the earliest filing date for which a benefit is sought
under this title, except that an application that is no longer pending
shall not be published and an application that is subject to a secrecy
order pursuant to section 181 of this title shall not be published. An
application may be published earlier than the above date at the request
of the applicant. No information concerning published patent
applications shall be made available to the public except as the
Commissioner shall determine. Notwithstanding any other provision of
law, a determination by the Commissioner to release or not to release
information concerning a published patent application shall be final
and nonreviewable.
``(2) Upon request, an application will not be published in
accordance with paragraph (1) until 3 months after the Commissioner
makes a notification to the applicant under section 132 of this title.
Applications filed pursuant to section 363 of this title, applications
asserting priority under section 119 or 365(a) of this title, and
applications asserting the benefit of an earlier application under
section 120, 121, or 365(c) of this title shall not be eligible for a
request pursuant to this paragraph. Furthermore, the applicant shall
certify that the invention disclosed in the application was not or will
not be the subject of an application filed in a foreign country. A
request under this paragraph shall only be available to an independent
inventor who has been accorded status under section 41(h) of this
title. The Commissioner may establish appropriate procedures and fees
for a request in accordance with this paragraph.''.
SEC. 3. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE.
(a) In a Foreign Country.--Section 119(b) of title 35, United
States Code, is amended to read as follows:
``(b) No application for patent shall be entitled to this right of
priority unless a claim therefor and a certified copy of the original
foreign application, specification and drawings upon which it is based
are filed in the Patent and Trademark Office at such time during the
pendency of the application as required by the Commissioner. The
Commissioner may consider the failure of the applicant to file a timely
claim for priority as a waiver of any such claim. The certification of
the original foreign application, specification and drawings shall be
made by the patent office of the foreign country in which filed and
show the date of the application and of the filing of the specification
and other papers. The Commissioner may require a translation of the
papers filed if not in the English language and such other information
as he deems necessary.''.
(b) In the United States.--Section 120 of title 35, United States
Code, is amended by adding at the end thereof the following:
``The Commissioner may determine the time period during the pendency of
the application within which an amendment containing the specific
reference to the earlier filed application shall be submitted. The
Commissioner may consider the failure to timely submit such an
amendment as a waiver of any benefit under this section.''.
SEC. 4. PROVISIONAL RIGHTS.
Section 154 of title 35, United States Code, is amended by adding
the following new subsection:
``(d) Provisional Rights.--In addition to other rights provided by
this section, a patent shall include the right to obtain a reasonable
royalty from any person who, during the period from publication of the
application for such patent pursuant to section 122(b) of this title or
from international publication of an international application
designating the United States until issue of that patent--
``(1)(A) makes, uses, offers for sale, or sells in the
United States the invention as claimed in the published patent
application or imports such an invention into the United
States; or
``(B) if the invention as claimed in the published patent
application is a process, uses, offers for sale, or sells in
the United States or imports into the United States products
made by that process as claimed in the published patent
application; and
``(2) had actual notice or knowledge of the published
patent application.
The right to obtain a reasonable royalty shall not be available under
this subsection unless the invention claimed in the patent is identical
to the invention as claimed in the published patent application. The
right to obtain a reasonable royalty based upon the international
publication of an international application designating the United
States shall commence from the date that the Patent and Trademark
Office receives a copy of the international publication of the
international application, unless already communicated by the
International Bureau, or, if the international publication of the
international application is in a language other than English, from the
date that the Patent and Trademark Office makes a translation thereof
available to the public. The Commissioner may require the applicant to
provide a copy of the international publication of the international
application and a translation thereof.''.
SEC. 5. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.
Section 102(e) of title 35, United States Code, is amended to read
as follows:
``(e) the invention was described in--
``(1)(A) an application for patent, published pursuant to
section 122(b) of this title, by another filed in the United
States before the invention thereof by the applicant for
patent, or
``(B) an international application, published pursuant to
section 122(b) of this title, by another who has fulfilled the
requirements of paragraphs (1), (2), and (4) of section 371(c)
of this title before the invention thereof by applicant for
patent, or
``(2) a patent granted on an application for patent by
another filed in the United States before the invention thereof
by the applicant for patent, or on an international application
by another who has fulfilled the requirements of paragraphs
(1), (2), and (4) of section 371(c) of this title before the
invention thereof by the applicant for patent, or''.
SEC. 6. COST RECOVERY FOR PUBLICATION.
The Commissioner shall recover the cost of early publication
required by the amendment made by section 2 by adjusting the filing,
issue, and maintenance fees, by charging a separate publication fee, or
by any combination of these methods.
SEC. 7. CONFORMING CHANGES.
The following provisions of title 35, United States Code, are
amended:
(1) Section 11 is amended in subsection (a)(1) by inserting
``and published applications'' after ``Patents''.
(2) Section 12 is amended by inserting ``published
applications and'' before ``patents''.
(3) Section 13 is amended by inserting ``published
applications and'' before ``patents''.
(4) The item relating to section 122 in the table of
sections for chapter 11 is amended by inserting ``; publication
of patent applications'' after ``applications''.
(5) The item relating to section 154 in the table of
sections for chapter 14 is amended by inserting ``; provisional
rights'' after ``patent''.
(6) Section 181 is amended--
(A) in the first paragraph by inserting ``by the
publication of an application or'' after
``disclosure'', and ``the publication of an application
or'' after ``withhold'';
(B) in the second paragraph by inserting ``by the
publication of an application or'' after ``disclosure
of an invention'';
(C) in the third paragraph by inserting ``by the
publication of the application or'' after ``disclosure
of the invention'', and ``the publication of the
application or'' after ``withhold''; and
(D) in the fourth paragraph by inserting ``the
publication of an application or'' after ``and'' in the
first sentence.
SEC. 8. PATENT TERM EXTENSION AUTHORITY.
Section 154(b) of title 35, United States Code, is amended to read
as follows:
``(b) Term Extension.--
``(1) Basis for patent term extension.--Subject to the
limitations of paragraph (2) of this subsection, if the issue
of an original patent is delayed due to--
``(A) a proceeding under section 135(a) of this
title,
``(B) the imposition of an order pursuant to
section 181 of this title,
``(C) appellate review by the Board of Patent
Appeals and Interferences or by a Federal court where
the patent was issued pursuant to a decision in the
review reversing an adverse determination of
patentability, or
``(D) an unusual administrative delay by the Office
in issuing the patent,
the term of the patent shall be extended for the period of
delay. The Commissioner shall prescribe regulations to govern
the determination of the period of delay and the particular
circumstances deemed to be an unusual administrative delay.
``(2) Limitations.--
``(A) Maximum period of extension.--The total
duration of all extensions of a patent under this
subsection shall not exceed 10 years. To the extent
that periods of delay attributable to grounds specified
in paragraph (1) overlap, the period of any extension
granted under this subsection shall not exceed the
actual number of days the issuance of the patent was
delayed.
``(B) Minimum pendency before extension
available.--No patent shall be extended under this
section that has been issued before the expiration of 3
years after the filing date of the application leading
to the patent or the commencement of the national stage
under section 371 of this title, whichever is later,
not taking into account the benefit of any earlier
filed application or applications under section 120,
121, or 365(c) of this title.
``(C) Reasonable efforts.--The period of extension
of the term of a patent under this subsection shall be
reduced by a period equal to the time during the
processing or examination of the application leading to
the patent in which the applicant failed to engage in
reasonable efforts to conclude processing or
examination of the application. The Commissioner shall
prescribe regulations establishing the circumstances
that constitute a failure of an applicant to engage in
reasonable efforts to conclude processing or
examination of an application.
``(D) Terminal disclaimer.--No patent whose term
has been disclaimed beyond a specified date may be
extended under this section beyond the expiration date
specified in the disclaimer.''.
SEC. 9. LAST DAY OF PENDENCY OF PROVISIONAL APPLICATION.
Section 119(e) of title 35, United States Code, is amended by
adding the following at the end: ``If the day that is 12 months after
the filing date of a provisional application falls on a Saturday,
Sunday, or Federal holiday within the District of Columbia, the period
of pendency of the provisional application shall be extended to the
next succeeding secular or business day.''.
SEC. 10. EFFECTIVE DATE.
(a) Sections 2 Through 7.--Sections 2 through 7, and the amendments
made by such sections, shall take effect on January 1, 1996, and shall
apply to all applications filed under section 111 of title 35, United
States Code, on or after that date, and all applications complying with
section 371 of title 35, United States Code, that resulted from
international applications filed on or after that date. The amendment
made by section 4 shall also apply to international applications
designating the United States that are filed on or after January 1,
1996.
(b) Sections 8 and 9.--The amendments made by sections 8 and 9
shall take effect on the date of the enactment of this Act and shall
apply to any application filed on or after June 8, 1995. | Patent Application Publication Act of 1995 - Requires each patent application, except applications for design patents and provisional applications, to be published as soon as possible after 18 months from the earliest filing date for which a benefit is sought, except for an application that is no longer pending or one subject to a secrecy order. Permits earlier publication at the applicant's request. Prohibits disclosure of information concerning published applications except as determined by the Commissioner of Patents. Prohibits, upon request by certain independent inventors, the publication of rejected applications, with specified exceptions, until three months after the Commissioner notifies the applicant. Requires the applicant to certify that no application was or will be filed for the invention in a foreign country.
Entitles a patent application to claim the benefit of an earlier filing date in a foreign country if a claim therefor and a certified copy of the original foreign application, specification, and drawings upon which it is based are filed in the Patent and Trademark Office (PTO) at any such time during the pendency of the application as is required by the Commissioner. Allows the Commissioner to consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim.
Authorizes the Commissioner to determine the time period within which an amendment containing the specific reference to an earlier filed application shall be submitted.
Specifies that a patent shall include the right to obtain a reasonable royalty from any person who, during the period from publication of the application until issue of the patent: (1) makes, uses, or sells in the United States the invention as claimed in the published application or imports such an invention into the United States, or if the invention as claimed in the published application is a process, uses or sells in or imports into the United States products made by that process as claimed in such application; and (2) had actual notice or knowledge of the published patent application. Makes the right to obtain a reasonable royalty unavailable unless the invention claimed in the patent is identical to that claimed in the published application. Specifies the commencement date of the period for obtaining a royalty based upon the international publication of an international application designating the United States.
Revises Federal patent law to provide that a person shall not be entitled to a patent if the invention was described in a published patent application by another filed in the United States, or in a published international application, before the invention thereof by the applicant.
Directs the Commissioner to recover the cost of early publication by adjusting the filing, issue, and maintenance fees by charging a separate publication fee, or by any combination of such fees.
Provides for the extension of the term of a patent the issue which is delayed due to an unusual administrative delay by the PTO. Limits the total duration of all extensions to ten years.
Reduces the extension period equal to the time during the processing or examination of the application leading to the patent in which the applicant failed to engage in reasonable efforts (current law provides a reduction for lack of due diligence) to conclude processing or examination of the application.
Prohibits the extension of a patent the term of which has been disclaimed beyond the expiration date of the disclaimer. | {"src": "billsum_train", "title": "Patent Application Publication Act of 1995"} | 2,768 | 702 | 0.672078 | 2.232002 | 0.752436 | 4.848 | 4.1952 | 0.9312 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Drinking Water Estrogenic
Substances Screening Program Act''.
SEC. 2. SAFE DRINKING WATER ACT; ESTABLISHMENT OF SCREENING PROGRAM FOR
ESTROGENIC SUBSTANCES.
Title XIV of the Public Health Service Act (commonly known as the
Safe Drinking Water Act) (42 U.S.C. 300f et seq.), as amended by Public
Law 104-66, is amended in section 1442 by adding at the end the
following subsection:
``(f) Screening Program.--
``(1) Development.--Not later than 1 year after the date of
enactment of this subsection, the Administrator shall develop a
screening program, using appropriate validated test systems, to
determine whether certain substances may have an effect in
humans that is similar to an effect produced by a naturally
occurring estrogen, or such other endocrine effect as the
Administrator may designate.
``(2) Implementation.--Not later than 2 years after the
date of enactment of this subsection, after obtaining review of
the screening program described in paragraph (1) by the
scientific advisory panel established under section 25(d) of
the Act of June 25, 1947 (chapter 125), and the Science
Advisory Board established by section 8 of the Environmental
Research, Development, and Demonstration Act of 1978 (42 U.S.C.
4365), the Administrator shall implement the program.
``(3) Substances.--In carrying out the screening program
described in paragraph (1), the Administrator shall provide for
the testing of all active and inert ingredients used in
products described in section 103(e) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9603(e)), and may provide for the testing of any
other substance if the Administrator determines that a
widespread population may be exposed to the substance.
``(4) Exemption.--Notwithstanding paragraph (3), the
Administrator may, by regulation, exempt from the requirements
of this subsection a biologic substance or other substance if
the Administrator determines that the substance does not have
any effect in humans similar to an effect produced by a
naturally occurring estrogen.
``(5) Collection of information.--
``(A) In general.--The Administrator shall issue an
order to a person that manufactures a substance for
which testing is required under this subsection to
conduct testing in accordance with the screening
program described in paragraph (1), and submit
information obtained from the testing to the
Administrator, within a time period that the
Administrator determines is sufficient for the
generation of the information.
``(B) Failure to submit information.--
``(i) Suspension.--If a person referred to
in subparagraph (A) fails to submit the
information required under such subparagraph
within the time period established by the
order, the Administrator shall issue a notice
of intent to suspend the sale or distribution
of the substance by the person. Any suspension
proposed under this subparagraph shall become
final at the end of the 30-day period beginning
on the date that the person receives the notice
of intent to suspend, unless during that period
a person adversely affected by the notice
requests a hearing or the Administrator
determines that the person referred to in
subparagraph (A) has complied fully with this
paragraph.
``(ii) Hearing.--If a person requests a
hearing under clause (i), the hearing shall be
conducted in accordance with section 554 of
title 5, United States Code. The only matter
for resolution at the hearing shall be whether
the person has failed to submit information
required under this paragraph. A decision by
the Administrator after completion of a hearing
shall be considered to be a final agency
action.
``(iii) Termination of suspensions.--The
Administrator shall terminate a suspension
under this subparagraph issued with respect to
a person if the Administrator determines that
the person has complied fully with this
paragraph.
``(6) Agency action.--In the case of any substance that is
found to have a potential adverse effect on humans as a result
of testing and evaluation under this subsection, the
Administrator shall take such action, including appropriate
regulatory action by rule or by order under statutory authority
available to the Administrator, as is necessary to ensure the
protection of public health.
``(7) Report to congress.--Not later than 4 years after the
date of enactment of this subsection, the Administrator shall
prepare and submit to Congress a report containing--
``(A) the findings of the Administrator resulting
from the screening program described in paragraph (1);
``(B) recommendations for further testing and
research needed to evaluate the impact on human health
of the substances tested under the screening program;
and
``(C) recommendations for any further actions
(including any action described in paragraph (6)) that
the Administrator determines are appropriate based on
the findings.''. | Safe Drinking Water Estrogenic Substances Screening Program Act - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to develop and, under specified conditions, implement a screening program, using appropriate validated test systems, to determine whether certain substances (including all active and inert ingredients used in registered pesticides) may have an effect in humans that is similar to an effect produced by a naturally occurring estrogen, or such other endocrine effect as the Administrator may designate. Allows the Administrator to exempt a biologic or other substance if the Administrator determines that the substance does not have any effect in humans similar to an effect produced by a naturally occurring estrogen.
Requires the Administrator to order a manufacturer of a substance for which such testing is required to conduct such testing and submit results within a certain time period. Provides for suspension of the sale or distribution of the substance if the manufacturer fails to submit required information.
Requires the Administrator to: (1) take such action as is necessary to ensure the protection of public health in the case of any substance that is found to have a potential adverse effect on humans; and (2) report findings and recommendations to the Congress. | {"src": "billsum_train", "title": "Safe Drinking Water Estrogenic Substances Screening Program Act"} | 1,095 | 261 | 0.664525 | 1.909246 | 0.840918 | 4.634783 | 4.378261 | 0.930435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Suspicious Activity
Reporting Initiative Act''.
SEC. 2. ENHANCING DEPARTMENT OF HOMELAND SECURITY SUSPICIOUS ACTIVITY
REPORTING OPERATIONS.
(a) Strategy Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with other appropriate Federal officials, shall develop a
strategy to improve the operations and activities of the Department of
Homeland Security related to training, outreach, and information
sharing for suspicious activity reporting to prevent acts of terrorism.
(b) Contents of Strategy.--The strategy required under subsection
(a) shall include the following:
(1) A description and examples of the types of information
that would meet the definition of critical information for the
purpose of suspicious activity reporting as well as
information, including information associated with racial,
religious or national origin, that would not meet the
definition of critical information.
(2) Training for appropriate personnel of State and major
urban area fusion centers, emergency response providers, and,
as appropriate, the private sector on--
(A) methods for identifying, analyzing, and
disseminating critical information, including the
indicators of terrorism;
(B) methods to protect privacy and civil liberties,
including preventing racial, religious, or national
origin discrimination; and
(C) response protocols for submitting suspicious
activity reports.
(3) Methods to improve outreach to appropriate State and
major urban area fusion centers, emergency response providers,
and the private sector related to suspicious activity reporting
to prevent acts of terrorism.
(4) A plan to ensure that critical information is shared in
a timely manner with State and major urban area fusion centers,
emergency response providers, and the private sector, as
appropriate, including nationwide trend analysis and other
information related to terrorist threats.
(5) Methods to measure the effectiveness of the activities
conducted under the strategy with respect to improving the
operations and activities of the Department related to
training, outreach, and information sharing to prevent acts of
terrorism that have been validated through peer-reviewed
empirical studies to the extent practicable.
(c) Working Group Recommendations.--In developing the strategy
required under subsection (a) the Secretary shall take into
consideration the recommendations of the working group established
under section 3.
(d) Congressional Notification.--Not less than 30 days before the
release of the strategy required pursuant to subsection (a), the
Secretary shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a notification of the release of the
strategy and a copy of the strategy. Such notification shall include
the recommendations provided by the working group established under
section 3 and how such recommendations were incorporated into the
strategy.
SEC. 3. SUSPICIOUS ACTIVITY REPORTING WORKING GROUP.
(a) Establishment.--
(1) In general.--The Secretary of Homeland Security shall
establish a working group on suspicious activity reporting.
(2) Department liaisons.--The Secretary shall appoint as
liaisons to the working group--
(A) the Chief Privacy Officer of the Department of
Homeland Security;
(B) the Officer for Civil Rights and Civil
Liberties of the Department; and
(C) such other officials of the Department as the
Secretary determines appropriate.
(b) Responsibilities.--The working group established under
subsection (a) shall carry out the following responsibilities:
(1) Provide advice to the Secretary regarding improvements
to the operations and activities related to suspicious activity
reporting to prevent acts of terrorism.
(2) At the request of the Secretary, for purposes of
section 2(c), develop recommendations to improve suspicious
activity reporting to prevent acts of terrorism with respect
to--
(A) outreach to relevant stakeholders;
(B) information sharing;
(C) protecting personally identifiable information;
(D) protecting the privacy, civil rights, and civil
liberties of individuals who report suspicious activity
and individuals who are the subjects of such reports;
(E) preventing racial, religious, or national
origin discrimination;
(F) training for emergency response providers and
the private sector; and
(G) other matters, as determined by the Secretary.
(c) Working Group Membership.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall seek the
voluntary participation of not more than 20 individuals representing at
least 12 diverse regions of the United States to serve as members of
the working group. Members of the working group shall serve without
pay. The Secretary shall seek to ensure that the working group includes
members who are representatives from each of the following:
(1) State and major urban area fusion centers.
(2) State, local, tribal, and territorial law enforcement
agencies.
(3) Firefighters.
(4) Emergency medical services.
(5) Private sector security professionals.
(6) Nongovernmental privacy and civil liberty
organizations.
(7) Any other group the Secretary determines appropriate.
(d) Congressional Briefing.--Upon request, the Secretary shall
provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a briefing on the operations and activities of
the Department of Homeland Security related to training, outreach, and
information sharing for suspicious activity reporting to prevent acts
of terrorism, including copies of materials developed under this
section.
(e) Termination.--The working group under this section shall
terminate on the date that is 2 years after the date of the enactment
of this Act, except that the Secretary may extend such working group if
the Secretary determines necessary.
(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the working group established under
this section.
Passed the House of Representatives June 25, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Enhancing Suspicious Activity Reporting Initiative Act (Sec. 2) This bill directs the Department of Homeland Security (DHS) to: (1) develop a strategy, by one year after this bill's enactment, to improve its operations and activities related to training, outreach, and information sharing for suspicious activity reporting to prevent acts of terrorism; (2) establish a working group to advise it on suspicious activity reporting; and (3) provide a briefing to the congressional homeland security committees on its operations and activities related to suspicious activity reporting. | {"src": "billsum_train", "title": "Enhancing Suspicious Activity Reporting Initiative Act"} | 1,273 | 117 | 0.562334 | 1.358649 | 0.647737 | 3.509615 | 11.711538 | 0.894231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Olympic Committee
Paralympic Program Act of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) In 1998, Congress enacted the Olympic and Amateur
Sports Act Amendments of 1998 (33 U.S.C. 101 note), which
amended chapter 2205 of title 36, United States Code, and
included a statement that the purpose of the Act was ``to
encourage and provide assistance to amateur athletic programs
and competition for amateur athletes with disabilities,
including, where feasible, the expansion of opportunities for
meaningful participation by such amateur athletes in programs
of athletic competition for able-bodied amateur athletes''.
(2) The United States Olympic Committee manages and
administers the Paralympic Program for physically disabled
athletes.
(3) In 2005, the United States Olympic Committee entered
into a memorandum of understanding with the Secretary of
Veterans Affairs to expand the Paralympic Program to provide
special training and rehabilitation to disabled veterans and
disabled members of the Armed Forces as part of their
rehabilitation and return to an active lifestyle.
(4) The Paralympic Program has a significant positive
effect on the quality of life of such veterans and
servicemembers, including helping to improve the mobility,
vitality, and physical, psychological, and social well-being of
disabled veterans and disabled members of the Armed Forces who
participate in the program and reducing the incidence of
secondary medical conditions in those participants.
(5) Because of Operation Iraqi Freedom and Operation
Enduring Freedom, the number of disabled veterans and disabled
members of the Armed Forces has increased substantially and it
is therefore necessary to expand the scope and size of the
Paralympic Program to provide rehabilitative services through
sports to disabled veterans and members of the Armed Forces.
(b) Purpose.--The purposes of this Act are as follows:
(1) To promote the lifelong health of disabled veterans and
disabled members of the Armed Forces through regular
participation in physical activity and sports.
(2) To develop a system that promotes disabled sports from
the local level through elite levels by creating partnerships
among organizations specializing in supporting, training, and
promoting programs for disabled athletes.
(3) To provide training and support to local organizations
to provide Paralympic sports training to disabled veterans and
disabled members of the Armed Forces in their own communities.
(4) To provide support to the United States Olympic
Committee for the Paralympic Program to increase the
participation of disabled veterans and disabled members of the
Armed Forces in sports as part of their rehabilitation.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ASSISTANCE TO
UNITED STATES OLYMPIC COMMITTEE PARALYMPIC PROGRAM.
(a) Provision of Assistance Authorized.--Subchapter II of chapter 5
of title 38, United States Code, is amended by inserting after section
521 the following:
``Sec. 521A. Assistance for United States Olympic Committees Paralympic
Program
``(a) Authorization To Provide Assistance.--The Secretary may make
grants to the United States Olympic Committee to plan, develop, manage,
and implement the Paralympic Program for disabled veterans and disabled
members of the Armed Forces.
``(b) Oversight by Secretary.--As a condition of receiving a grant
under this section, the United States Olympic Committee shall permit
the Secretary to conduct such oversight of the use of grant funds as
the Secretary determines is appropriate.
``(c) Application Requirement.--(1) Before the Secretary may make a
grant to the United States Olympic Committee under this section, the
Committee shall submit to the Secretary an application that describes
the activities to be carried out with the grant, including information
on specific measurable goals and objectives to be achieved using grant
funds. The application shall include a detailed description of all
partnerships referred to in paragraph (2) at the national and local
levels that will be participating in such activities and the amount of
grant funds that will be made available for each of such partnerships.
``(2) Partnerships.--Partnerships referred to in this paragraph are
agreements between the United States Olympic Committee and national
organizations with significant experience in the training and support
of disabled athletes and the promotion of disabled sports at the local
and national levels. Such organizations include Disabled Sports USA,
Blaze Sports, Paralyzed Veterans of America, and Disabled American
Veterans. The agreements shall detail the scope of activities and
funding provided by the United States Olympic Committee to the partner.
``(d) Use of Funds.--(1) The United States Olympic Committee, with
the assistance and cooperation of the Secretary and the heads of other
appropriate Federal and State departments and agencies and partnerships
referred to in subsection (c)(2), shall use a grant under this section
to recruit, support, encourage, schedule, facilitate, supervise, and
implement the activities described in paragraph (3) for disabled
veterans and disabled members of the Armed Forces either directly or by
supporting a program described in paragraph (2).
``(2) A program described in this paragraph is a sport program
that--
``(A) promotes basic physical activity, games, recreation,
training, and competition;
``(B) is approved by the Secretary; and
``(C)(i) provides services and activities described in
paragraph (3) for disabled veterans and disabled members of the
Armed Forces; and
``(ii) may also provide services and activities described
in paragraph (3) for individuals with disabilities who are not
veterans or members of the Armed Forces, or both; except that
funds made available to carry out this section may not be used
to support those individuals with disabilities who are not
veterans or members of the Armed Forces.
``(3) Activities described in this paragraph are--
``(A) instruction, participation, and competition in
Paralympic sports;
``(B) training and technical assistance to program
administrators, coaches, recreational therapists, instructors,
Department employees, and other appropriate individuals; and
``(C) coordination, Paralympic classification of athletes,
athlete assessment, sport-specific training techniques, program
development (including programs at the local level), program-
specific medical and personal care support, sports equipment,
supplies, program evaluation, and other activities related to
the implementation and operation of the program.
``(4) A grant made under this section may include, at the
discretion of the Secretary, an amount for administrative expenses, but
not to exceed ten percent of the amount of the grant.
``(5) Funds made available by the United States Olympic Committee
to a grantee under subsection (c) may include an amount for
administrative expenses, but not to exceed ten percent of the amount of
such funds.
``(e) Outreach Requirement.--The Secretary shall conduct an
outreach campaign to inform all eligible veterans and separating
members of the Armed Forces with physical disabilities about the
existence of the Paralympic Program and shall provide for, facilitate,
and encourage participation of such veterans and separating
servicemembers in programs under this section to the extent possible.
``(f) Coordination.--The Secretary shall ensure access to and use
of appropriate Department facilities by disabled veterans and disabled
members of the Armed Forces participating in the Paralympic Program to
the maximum extent possible and to the extent that such access and use
does not adversely affect any other assistance provided to veterans.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $8,000,000 annually to carry out this section.
``(h) Separate Accounting.--The Department shall have a separate
line item in budget proposals of the Department for funds to be
appropriated to carry out this section. Funds appropriated to carry out
this section shall not be commingled with any other funds appropriated
to the Department.
``(i) Limitation on Use of Funds.--Except as provided in
subsections (d)(4) and (d)(5), funds appropriated to carry out this
section may not be used to support or provide services to individuals
who are not disabled veterans or disabled members of the Armed
Forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
521 the following new item:
``521A. Assistance for United States Olympic Committees Paralympic
Program.''.
(c) Deadline for Memorandum of Understanding.--The Secretary of
Veterans Affairs may not award a grant under section 521A of title 38,
United States Code, as added by subsection (a), until the United States
Olympic Committee has entered into a memorandum of understanding or
cooperative agreement with the Secretary regarding implementation of
the Paralympic Program. Such agreement shall be concluded not later
than 180 days after the date of the enactment of this Act.
SEC. 4. DEPARTMENT OF VETERANS AFFAIRS OFFICE OF NATIONAL VETERANS
SPORTS PROGRAMS AND SPECIAL EVENTS.
(a) Establishment of Office of National Veterans Sports Programs
and Special Events.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following:
``Sec. 321. Office of National Veterans Sports Programs and Special
Events
``(a) Establishment.--There is in the Department an Office of
National Veterans Sports Programs and Special Events. There is at the
head of the Office a Director, who shall report directly to the
Assistant Secretary for Public and Intergovernmental Affairs of the
Department.
``(b) Responsibilities of Director.--Subject to the direction of
the Secretary, the Director--
``(1) shall establish and carry out qualifying programs and
events;
``(2) may provide for sponsorship by the Department of
qualifying programs and events;
``(3) may provide for, facilitate, and encourage
participation by disabled veterans in qualifying programs and
events; and
``(4) shall cooperate with the United States Olympic
Committee and its subsidiaries to promote the participation of
disabled veterans and disabled members of the Armed Forces in
sporting events sponsored by the United States Olympic
Committee and its subsidiaries.
``(c) Qualifying Program or Event.--For purposes of this section, a
qualifying program or event is a sports program or other event in which
disabled veterans and disabled members of the Armed Forces participate
and that is approved by the Secretary as being consistent with the
goals and missions of the Department.
``(d) Monthly Assistance Allowance.--(1) The Director may provide a
monthly assistance allowance to a veteran with a disability invited by
the United States Olympic Committee to compete for a slot on, or
selected for, the Paralympic Team for any month in which the veteran is
training or competing in any event sanctioned by the United States
Olympic Committee or who is residing at a United States Olympic
Committee training center.
``(2) The amount of the monthly assistance payable to a veteran
under paragraph (1) shall be equal to the monthly amount of subsistence
allowance that would be payable to the veteran under chapter 31 of this
title if the veteran were eligible for and entitled to rehabilitation
under such chapter.
``(3) Any amount of assistance paid to a veteran under this
subsection shall be in addition to any other assistance available to
the veteran under any other provision of law.
``(4) There is authorized to be appropriated to carry out this
subsection $2,000,000 for fiscal year 2009 and each fiscal year
thereafter.
``(e) Limitation on Statutory Construction.--Nothing in this
section shall be construed as a limitation on current disabled sports
and special events supported by the Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``321. Office of National Veterans Sports Programs and Special
Events.''.
(c) Responsibilities of Under Secretary for Health.--The Secretary
of Veterans Affairs shall direct the Under Secretary for Health of the
Department of Veterans Affairs--
(1) to make available, to the maximum extent possible,
recreational therapists, physical therapists, and other medical
staff to facilitate participation of veterans in sporting
events conducted under the auspices of the United States
Olympic Committee;
(2) to allow such personnel to participate in the United
States Olympic Committee Paralympic Program without requiring
the use of personal leave; and
(3) to support other similar activities or events as those
described in this section and determined to be appropriate by
the Secretary.
Passed the House of Representatives July 31, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | United States Olympic Committee Paralympic Program Act of 2008 - Authorizes the Secretary of Veterans Affairs to make a grant to the U.S. Olympic Committee (USOC) to plan, develop, manage, and implement the Paralympic Program (Program) for disabled veterans and disabled members of the Armed Forces (members). Directs the USOC to use a grant to recruit, support, encourage, schedule, facilitate, supervise, and implement paralympic instruction and competition activities, training and technical assistance, and coordination and program development activities for such disabled veterans and members.
Requires: (1) the Secretary to conduct an outreach program to inform eligible veterans and separating members about the Program; and (2) a memorandum of understanding or cooperative agreement between the Secretary and the USOC regarding Program implementation.
Authorizes appropriations.
Establishes in the Department of Veterans Affairs (VA) an Office of National Veterans Sports Programs and Special Events, headed by a Director, to carry out qualifying programs and events for disabled veterans and members. Authorizes the Director to provide an allowance for a disabled veteran for each month in which the veteran is training or competing in a USOC-sanctioned event or residing at a USOC training center. Authorizes appropriations.
Requires the Secretary to direct the VA's Under Secretary for Health to: (1) make VA medical staff available to facilitate veteran participation in USOC sporting events; (2) allow such personnel to participate in the Program without requiring the use of personal leave; and (3) support other similar activities or events. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide assistance to the Paralympic Program of the United States Olympic Committee, and for other purposes."} | 2,749 | 342 | 0.611524 | 1.643475 | 0.812748 | 3.638225 | 8.761092 | 0.921502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crags, Colorado Land Exchange Act of
2015''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to authorize, direct, expedite and facilitate the land
exchange set forth herein; and
(2) to promote enhanced public outdoor recreational and
natural resource conservation opportunities in the Pike
National Forest near Pikes Peak, Colorado via acquisition of
the non-Federal land and trail easement.
SEC. 3. DEFINITIONS.
In this Act:
(1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a
Colorado corporation.
(2) Federal land.--The term ``Federal land'' means all
right, title, and interest of the United States in and to
approximately 83 acres of land within the Pike National Forest,
El Paso County, Colorado, together with a non-exclusive
perpetual access easement to BHI to and from such land on
Forest Service Road 371, as generally depicted on the map
entitled ``Proposed Crags Land Exchange-Federal Parcel-Emerald
Valley Ranch'', dated March 2015.
(3) Non-federal land.--The term ``non-Federal land'' means
the land and trail easement to be conveyed to the Secretary by
BHI in the exchange and is--
(A) approximately 320 acres of land within the Pike
National Forest, Teller County, Colorado, as generally
depicted on the map entitled ``Proposed Crags Land
Exchange-Non-Federal Parcel-Crags Property'', dated
March 2015; and
(B) a permanent trail easement for the Barr Trail
in El Paso County, Colorado, as generally depicted on
the map entitled ``Proposed Crags Land Exchange-Barr
Trail Easement to United States'', dated March 2015,
and which shall be considered as a voluntary donation
to the United States by BHI for all purposes of law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
SEC. 4. LAND EXCHANGE.
(a) In General.--If BHI offers to convey to the Secretary all
right, title, and interest of BHI in and to the non-Federal land, the
Secretary shall accept the offer and simultaneously convey to BHI the
Federal land.
(b) Land Title.--Title to the non-Federal land conveyed and donated
to the Secretary under this Act shall be acceptable to the Secretary
and shall conform to the title approval standards of the Attorney
General of the United States applicable to land acquisitions by the
Federal Government.
(c) Perpetual Access Easement to BHI.--The nonexclusive perpetual
access easement to be granted to BHI as shown on the map referred to in
section 3(2) shall allow--
(1) BHI to fully maintain, at BHI's expense, and use Forest
Service Road 371 from its junction with Forest Service Road 368
in accordance with historic use and maintenance patterns by
BHI; and
(2) full and continued public and administrative access and
use of FSR 371 in accordance with the existing Forest Service
travel management plan, or as such plan may be revised by the
Secretary.
(d) Route and Condition of Road.--BHI and the Secretary may
mutually agree to improve, relocate, reconstruct, or otherwise alter
the route and condition of all or portions of such road as the
Secretary, in close consultation with BHI, may determine advisable.
(e) Exchange Costs.--BHI shall pay for all land survey, appraisal,
and other costs to the Secretary as may be necessary to process and
consummate the exchange directed by this Act, including reimbursement
to the Secretary, if the Secretary so requests, for staff time spent in
such processing and consummation.
SEC. 5. EQUAL VALUE EXCHANGE AND APPRAISALS.
(a) Appraisals.--The values of the lands to be exchanged under this
Act shall be determined by the Secretary through appraisals performed
in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal
Practice;
(3) appraisal instructions issued by the Secretary; and
(4) shall be performed by an appraiser mutually agreed to
by the Secretary and BHI.
(b) Equal Value Exchange.--The values of the Federal and non-
Federal land parcels exchanged shall be equal, or if they are not
equal, shall be equalized as follows:
(1) Surplus of federal land value.--If the final appraised
value of the Federal land exceeds the final appraised value of
the non-Federal land parcel identified in section 3(3)(A), BHI
shall make a cash equalization payment to the United States as
necessary to achieve equal value, including, if necessary, an
amount in excess of that authorized pursuant to section 206(b)
of the Federal Land Policy and Management Act of l976 (43
U.S.C. 1716(b)).
(2) Use of funds.--Any cash equalization moneys received by
the Secretary under paragraph (1) shall be--
(A) deposited in the fund established under Public
Law 90-171 (commonly known as the ``Sisk Act''; 16
U.S.C. 484a); and
(B) made available to the Secretary for the
acquisition of land or interests in land in Region 2 of
the Forest Service.
(3) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land parcel identified in
section 3(3)(A) exceeds the final appraised value of the
Federal land, the United States shall not make a cash
equalization payment to BHI, and surplus value of the non-
Federal land shall be considered a donation by BHI to the
United States for all purposes of law.
(c) Appraisal Exclusions.--
(1) Special use permit.--The appraised value of the Federal
land parcel shall not reflect any increase or diminution in
value due to the special use permit existing on the date of the
enactment of this Act to BHI on the parcel and improvements
thereunder.
(2) Barr trail easement.--The Barr Trail easement donation
identified in section 3(3)(B) shall not be appraised for
purposes of this Act.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Withdrawal Provisions.--
(1) Withdrawal.--Lands acquired by the Secretary under this
Act shall, without further action by the Secretary, be
permanently withdrawn from all forms of appropriation and
disposal under the public land laws (including the mining and
mineral leasing laws) and the Geothermal Steam Act of 1930 (30
U.S.C. 1001 et seq.).
(2) Withdrawal revocation.--Any public land order that
withdraws the Federal land from appropriation or disposal under
a public land law shall be revoked to the extent necessary to
permit disposal of the Federal land parcel to BHI.
(3) Withdrawal of federal land.--All Federal land
authorized to be exchanged under this Act, if not already
withdrawn or segregated from appropriation or disposal under
the public lands laws upon enactment of this Act, is hereby so
withdrawn, subject to valid existing rights, until the date of
conveyance of the Federal land to BHI.
(b) Postexchange Land Management.--Land acquired by the Secretary
under this Act shall become part of the Pike-San Isabel National Forest
and be managed in accordance with the laws, rules, and regulations
applicable to the National Forest System.
(c) Exchange Timetable.--It is the intent of Congress that the land
exchange directed by this Act be consummated no later than one year
after the date of the enactment of this Act.
(d) Maps, Estimates, and Descriptions.--
(1) Minor errors.--The Secretary and BHI may by mutual
agreement make minor boundary adjustments to the Federal and
non-Federal lands involved in the exchange, and may correct any
minor errors in any map, acreage estimate, or description of
any land to be exchanged.
(2) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of land under this Act, the
map shall control unless the Secretary and BHI mutually agree
otherwise.
(3) Availability.--Upon enactment of this Act, the
Secretary shall file and make available for public inspection
in the headquarters of the Pike-San Isabel National Forest a
copy of all maps referred to in this Act. | . Crags, Colorado Land Exchange Act of 2015 (Sec. 4) This bill directs the Department of Agriculture (USDA), if the Broadmoor Hotel, Inc., (BHI) offers to convey to the USDA 320 acres of specified nonfederal land in the Pike National Forest in Teller County, Colorado, and a permanent trail easement for the Barr Trail in El Paso County, Colorado, to accept the offer and convey to BHI 83 acres of specified federal land within the Forest, together with a non-exclusive perpetual access easement for BHI to and from such land on Forest Service Road 371. The nonexclusive perpetual access easement granted to BHI shall allow: (1) BHI to fully maintain, at its own expense, and use Forest Service Road 371 from its junction with Forest Service Road 368 in accordance with historic BHI use and maintenance patterns; and (2) full and continued public and administrative access and use of FSR 371 in accordance with the existing Forest Service travel management plan, or as it may be revised by USDA. (Sec. 5) The USDA shall determine the values of the lands to be exchanged through appraisals following specified requirements. The values shall be equal, or if they are not equal, equalized as prescribed by this Act. The appraised value of the federal land parcel shall not reflect any increase or diminution in value due to the existing special use permit to BHI on the parcel and its improvements. The Barr Trail easement donation shall not be appraised for purposes of this Act. (Sec. 6) The lands acquired by the USDA under this Act shall, without further USDA action, be permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1930, except to the extent necessary to permit the disposal of the federal land parcel to BHI. The land acquired by the USDA under this Act shall become part of the Pike-San Isabel National Forest. It is the intent of Congress that the land exchange directed by this Act be completed within one year of this Act's enactment. | {"src": "billsum_train", "title": "Crags, Colorado Land Exchange Act of 2015"} | 1,938 | 463 | 0.76839 | 3.040409 | 0.772158 | 5.506083 | 4.06326 | 0.93674 |
SECTION 1. TEACHER ACCULTURATION.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended by adding at the end the following:
``PART C--TEACHER ACCULTURATION
``SEC. 231. SHORT TITLE.
``This part may be cited as the `Teacher Acculturation Act of
2005'.
``SEC. 232. FINDINGS.
``Congress makes the following findings:
``(1) Every person (child, adolescent, or adult) has her or
his own cluster of learning modalities.
``(2) These individual learning modalities are the result
of many factors, including the person's cultural heritage,
language, and socioeconomic background.
``(3) Research has shown that learning occurs best within a
learning environment that closely matches a person's individual
learning modalities.
``(4) There is a strong correlation between--
``(A) the lack of academic achievement of a
student; and
``(B) a lack of congruence between--
``(i) the learning modalities of the
student; and
``(ii) the teaching pedagogy of the
teacher.
``(5) One of the factors that significantly impacts
learning modalities is a student's culture.
``(6) A congruence between the cultural norms embedded in
the teaching environment and the culture of a student has been
shown to significantly improve the academic achievement of the
student.
``(7) The teacher has the most control in setting the
cultural environment of the classroom.
``SEC. 233. PURPOSE.
``It is the purpose of this part to develop a core group of
teachers who are able to provide instruction in a way that is
culturally congruent with the learning modalities of the students they
are teaching, in order to--
``(1) ameliorate the lack of cultural congruence between
teachers and the students they teach; and
``(2) improve student achievement.
``SEC. 234. DEFINITIONS.
``In this part:
``(1) Induction phase.--The term `induction phase' means
the period when a teacher is new to the profession, the
classroom, or a school.
``(2) In-service phase.--The term `in-service phase' means
the period during and throughout the professional life of a
teacher.
``(3) Practicum phase.--The term `practicum phase' means
the period beginning with the last year of a teacher
preparation program at an institution of higher education when
the student is spending time in a prekindergarten through grade
12 classroom, and culminating at the end of the student
teaching portion of the student's teacher preparation program.
``(4) Supervising academic.--The term `supervising
academic' means a member of the faculty of an institution of
higher education who--
``(A) is designated to oversee, coordinate, and
participate in the field placement or student teaching
experience of a preservice teacher; and
``(B) works in conjunction with a supervising
practitioner.
``(5) Supervising practitioner.--The term `supervising
practitioner' means a prekindergarten through grade 12 teacher
in a school who--
``(A) is designated to coach, observe, and evaluate
a preservice teacher at the school during the
preservice teacher's field placement or student
teaching experience in the classroom; and
``(B) works in conjunction with the supervising
academic.
``SEC. 235. MEASURE OF CULTURAL MISMATCH.
``The Secretary, in consultation with relevant educational and
cultural governmental and nongovernmental entities and not later than
180 days after the date of enactment of the Teacher Acculturation Act
of 2005, shall develop a measure of cultural mismatch for purposes of--
``(1) the demonstration program under section 236; and
``(2) the composition of partnerships described in sections
242 and 263.
``SEC. 236. DEMONSTRATION PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to carry out a
demonstration program to investigate, develop, and test methods to
attempt to ameliorate the cultural mismatch between teachers and the
students they teach.
``(b) Components.--The demonstration program shall consist of--
``(1) professional development activities occurring during
3 different phases of a teacher's professional life, including
the practicum phase, induction phase, and in-service phase; and
``(2) the development of centers of excellence in
multicultural education.
``Subpart 1--Induction Phase Component
``SEC. 241. GRANTS AUTHORIZED.
``In carrying out the demonstration program under this part, the
Secretary is authorized to award grants to eligible partnerships to
enable the eligible partnerships to carry out the induction phase
component of the teacher preparation assisted under this subpart.
``SEC. 242. ELIGIBLE PARTNERSHIPS.
``In this subpart, the term `eligible partnership' means a
partnership consisting of--
``(1) a local educational agency, with a high percentage of
students who have a cultural mismatch with the majority of the
teaching staff at the schools served by the local educational
agency, collaborating with--
``(A) a cohort of induction phase teachers from the
local educational agency; and
``(B) members of a school community who are--
``(i) from the cultural background of the
students to be taught by the teachers assisted
under the grant; and
``(ii) knowledgeable about the cultural
norms of the community; and
``(2) an institution of higher education or organization
with expertise in multicultural education, collaborating with a
mentor, coach, or facilitator who will work with the cohort
described in paragraph (1)(A).
``SEC. 243. INDUCTION PHASE COMPONENT.
``An eligible partnership that receives a grant under this subpart
shall use the grant funds to carry an induction phase component of the
demonstration program that may include the following:
``(1) A summer workshop held during the summer prior to a
program year (as described in paragraph (2)), in which
participant teachers study the basics of the following:
``(A) Multicultural education.
``(B) The cultural norms of the students served by
the local educational agency where the participant
teachers will be teaching.
``(C) The history of the municipality and the
cultural groups where the participant teachers will be
teaching.
``(2) A program year during the school year designed to
include--
``(A) a series of classroom-based teaching
activities and observations, including pre- and post-
activity discussion under the coaching of a person
experienced in leading such a program and trained in
the principles of multicultural education;
``(B) individual one-on-one mentoring by a mentor,
coach, or facilitator participating in the eligible
partnership;
``(C) classroom visits including possible
videotaping of the lessons; and
``(D) group meetings to reflect on--
``(i) a classroom visit described in
subparagraph (C); or
``(ii) the progress of the program.
``(3) A workshop or institute during the summer immediately
after a program year (as described in paragraph (2)) that may
include the following:
``(A) Analysis of lessons developed and taught
during the program year.
``(B) Practice lessons presented to the cohort
described in section 242(1)(A).
``(C) Analysis of participant teacher growth over
the duration of the program.
``(D) Development of a reflective portfolio, for
each member of the cohort described in section
242(1)(A), of the member's experience in the program.
``SEC. 244. USE OF FUNDS.
``Grant funds provided under this subpart may be used for--
``(1) stipends and release time for participant teachers;
``(2) compensation for mentors, coaches, facilitators, or
substitutes;
``(3) reimbursement for normal expenses incurred by the
eligible partnership during the grant period; and
``(4) equipment, supplies, and travel necessary for the
program.
``SEC. 245. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary to carry out this subpart for fiscal year 2006 and each of
the 5 succeeding fiscal years.
``Subpart 2--Practicum Phase Component
``SEC. 251. GRANTS AUTHORIZED.
``In carrying out the demonstration program under this part, the
Secretary is authorized to award grants to eligible partnerships to
enable the eligible partnerships to carry out the practicum phase
component of the teacher preparation assisted under this subpart.
``SEC. 252. ELIGIBLE PARTNERSHIPS.
``In this subpart, the term `eligible partnership' means a
partnership consisting of--
``(1) a teacher preparation program approved by a State
educational agency and accredited by the National Council for
Accreditation of Teacher Education, collaborating with--
``(A) a cohort of practicum phase students; and
``(B) a faculty member who serves as a supervising
practitioner;
``(2) a local educational agency--
``(A) serving a student population whose cultural
norms--
``(i) are different from the cultural norms
of the participating teacher preparation
program students; and
``(ii) are similar to the cultural norms of
the students or community served by a local
educational agency where the participating
teacher preparation program students will be
looking for employment; and
``(B) collaborating with a group of supervising
practitioners; and
``(3) a support committee for the practicum program, that
provides cultural norms to the practicum participants, which
may include--
``(A) a center of excellence described in subpart
3;
``(B) faculty or staff of a school, local
educational agency, or State educational agency;
``(C) parents or family members of a student taught
by the student teachers assisted under the grant;
``(D) community stakeholders; or
``(E) organizations with expertise in multicultural
education.
``SEC. 253. PRACTICUM PHASE COMPONENT.
``An eligible partnership that receives a grant under this subpart
shall use the grant funds to carry out a practicum phase component of
the demonstration program that may include the following:
``(1) A course for the practicum students covering
multicultural education, including specifics pertaining to the
cultural norms of the students served by the local educational
agency where the students will be participating in the
practicum.
``(2) A program running contemporaneous to the practicum
that includes--
``(A) a program under the coaching of a supervising
academic where the practicum students interact with
each other to discuss their experiences;
``(B) individual one-on-one coaching by a
supervising academic;
``(C) classroom visits to the locations of other
student teachers in the cohort described in section
252(1)(A), including possible videotaping of the
lessons; and
``(D) periodic cohort meetings during the practicum
to reflect on the progress of the program.
``(3) A followup program at the conclusion of the practicum
carried out by the teacher preparation program participating in
the eligible partnership.
``SEC. 254. USE OF FUNDS.
``Grant funds provided under this subpart may be used for--
``(1) compensation for a supervising academic or a
supervising practitioner;
``(2) scholarships for participants; and
``(3) equipment, supplies, travel, and other expenses
appropriate to the program.
``SEC. 255. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary to carry out this subpart for fiscal year 2006 and each of
the 5 succeeding fiscal years.
``Subpart 3--Centers of Excellence in Multicultural Education
``SEC. 261. CENTERS OF EXCELLENCE AUTHORIZED.
``(a) In General.--The Secretary is authorized to establish not
more than 10 centers to support excellence in multicultural education.
``(b) Duties.--Such centers shall--
``(1) support participants during the practicum phases and
induction phases of their teacher preparation;
``(2) develop and implement an in-service phase program;
``(3) develop or expand the theory and practice of
multicultural education; and
``(4) collect appropriate data to allow for the evaluation
of the activities implemented under this part.
``SEC. 262. LOCATION OF CENTERS.
``The centers shall--
``(1) be located within universities, colleges or schools
with teacher education programs approved by the appropriate
State educational agency and accredited by the National Council
for Accreditation of Teacher Education;
``(2) be located in geographically diverse areas of the
United States; and
``(3) be distributed among institutions of higher education
serving various cultural communities.
``SEC. 263. PARTNERSHIPS.
``The centers may form partnerships, for the purpose of carrying
out the duties described in section 261(b), with--
``(1) a college or school of teacher education;
``(2) at least 1 local educational agency with a high
degree of cultural mismatch between the local educational
agency's teachers and the students they teach;
``(3) an academic department, center, or program that
focuses on the study of cultural mismatches, such as cultural
mismatches related to gender, race, national origin, or other
similar areas; or
``(4) such additional entities as the centers determine
appropriate.
``SEC. 264. USE OF FUNDS.
``Funds made available under this subpart may be used for the
following:
``(1) Financial support for researchers, such as doctoral
and post-doctoral fellowships.
``(2) In-service multicultural education workshops for
teachers.
``(3) Supporting the programs assisted under subpart 1 or
2.
``(4) Supporting research into best practices in
multicultural education, performing evaluation of the best
practices, and carrying out a dissemination program for the
best practices that improve student academic achievement.
``(5) Evaluation of--
``(A) the activities of the centers; and
``(B) the impact of the activities of the centers
on teaching practices and student achievement.
``SEC. 265. ANNUAL MEETING OF THE CENTERS.
``The Secretary is authorized to convene an annual meeting of all
centers assisted under this subpart for the purpose of enabling the
centers to share information, research, and best practices.
``SEC. 266. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary to carry out this subpart for fiscal year 2006 and each of
the 5 succeeding fiscal years.
``Subpart 4--General Provisions
``SEC. 271. ANNUAL REPORTS.
(a) Report.--Each eligible partnership that receives a grant, and
each center that receives assistance, under this part shall prepare and
submit to the Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Education and the Workforce of the
House of Representatives, a report on the activities of the eligible
partnership or center, respectively, that are supported under this
part.
(b) Date.--The report described in subsection (a) shall be
submitted 2 years after the date of enactment of the Teacher
Acculturation Act of 2005, and annually thereafter for the duration of
the grant or assistance, as the case may be.''. | Teacher Acculturation Act of 2005 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to carry out a demonstration program to investigate, develop, and test methods to attempt to ameliorate the cultural mismatch between teachers and the students they teach.
Directs the Secretary to develop a measure of cultural mismatch.
Authorizes program grants to partnerships of local educational agencies and institutions of higher education, or organizations with expertise in multicultural education, for teacher preparation activities under practicum, induction, and in-service phase components.
Authorizes the Secretary to establish up to ten centers of excellence in multicultural education located within universities, colleges, or schools with approved teacher education programs. Allows such centers to form partnerships with specified entities. | {"src": "billsum_train", "title": "A bill to provide for teacher acculturation, and for other purposes."} | 3,483 | 156 | 0.465754 | 1.290171 | 0.637963 | 3.956835 | 23.76259 | 0.920863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Telephone Billing Act of
2012''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) For years, telephone users have complained that their
wireline telephone bills included unauthorized third-party
charges.
(2) This problem, commonly referred to as ``cramming'',
first appeared in the 1990s, after wireline telephone companies
opened their billing platforms to an array of third-party
vendors offering a variety of services.
(3) Since the 1990s, the Federal Communications Commission,
the Federal Trade Commission, and State attorneys general have
brought multiple enforcement actions against dozens of
individuals and companies for engaging in cramming.
(4) An investigation by the Committee on Commerce, Science,
and Transportation of the Senate confirmed that cramming is a
problem of massive proportions and has affected millions of
telephone users, costing them billions of dollars in
unauthorized third-party charges over the past decade.
(5) The Committee showed that third-party billing through
wireline telephone numbers has largely failed to become a
reliable method of payment that consumers and businesses can
use to conduct legitimate commerce.
(6) Telephone companies regularly placed third-party
charges on their customers' telephone bills without their
customers' authorization.
(7) Many companies engaged in third-party billing were
illegitimate and created solely to exploit the weaknesses in
the third-party billing platforms established by telephone
companies.
(8) In the last decade, millions of business and
residential consumers have transitioned from wireline telephone
service to interconnected VoIP service.
(9) Users of interconnected VoIP service often use the
service as the primary telephone line for their residences and
businesses.
(10) Users of interconnected VoIP service that have
telephone numbers through the service should be protected from
the same vulnerabilities that affected third-party billing
through wireline telephone numbers.
(11) In increasing numbers, wireless users are making the
same complaints that wireline telephone users have been making
since the 1990s.
(12) Wireless users are reporting unauthorized third-party
charges on their wireless bills for services they did not
enroll in.
SEC. 3. UNAUTHORIZED THIRD-PARTY CHARGES.
(a) In General.--Section 258 of the Communications Act of 1934 (47
U.S.C. 258) is amended--
(1) by amending the heading to read as follows: ``sec. 258.
preventing illegal changes in subscriber carrier sections and
unauthorized third-party charges.''; and
(2) by adding at the end the following:
``(c) Prohibition.--
``(1) In general.--No local exchange carrier or provider of
interconnected VoIP service shall place a third-party charge
that is not directly related to the provision of telephone
services on the bill of a customer, unless--
``(A) the third-party charge is from a certified
third-party vendor;
``(B) the third-party charge is for a product or
service that a local exchange carrier or provider of
interconnected VoIP service jointly markets or jointly
sells with its own service;
``(C) the customer affirmatively consented to the
placement of the third-party charge on the bill; and
``(D) the local exchange carrier or provider of
interconnected VoIP service has a good faith reason to
believe that the third-party charge is for a product or
service requested by the customer.
``(2) Forfeiture.--Any person who commits a violation under
paragraph (1) shall be subject to a civil forfeiture, which
shall be determined in accordance with section 503, except that
the amount of the penalty shall be double the otherwise
applicable amount of the penalty under section 503.
``(3) Definitions.--In this subsection:
``(A) Certified third-party vendor.--The term
`certified third-party vendor' means a person that has
a contractual right to receive billing and collection
services from a local exchange carrier or a provider of
interconnected VoIP service.
``(B) Third-party charge.--The term `third-party
charge' means a charge for a product or service not
provided by a local exchange carrier or a provider of
interconnected VoIP service that is included on a bill
for the services the local exchange carrier or provider
of interconnected VoIP service offers to its
customers.''.
(b) Rulemaking.--Not later than 90 days after the date of enactment
of this Act, the Federal Communications Commission shall prescribe any
rules necessary to implement the provisions of this section.
(c) Effective Date.--The Federal Communications Commission shall
prescribe that any rule adopted under subsection (b) shall become
effective not later than 1 year after the date of enactment of this
Act.
SEC. 4. THIRD-PARTY CHARGES ON WIRELESS BILLS.
The Federal Communications Commission, in consultation with the
Federal Trade Commission, shall promulgate, not later than 180 days
after the date of enactment of this Act, rules to protect consumers
from unauthorized third-party charges on wireless bills. The Federal
Communications Commission, in promulgating the rules, shall--
(1) ensure that a provider of wireless services gives each
customer of wireless services the means to avoid receiving
third-party charges on the wireless customer's wireless bill
and clearly and conspicuously discloses this option to the
wireless customer;
(2) establish procedures for a provider of wireless
services to follow to ensure that third-party charges placed on
a wireless customer's wireless bill have been authorized by the
wireless customer; and
(3) establish procedures to enable a wireless customer to
seek and receive, directly from the provider of wireless
services, reimbursement for any unauthorized third-party
charges in a timely manner. | Fair Telephone Billing Act of 2012 - Amends the Communications Act of 1934 to prohibit local exchange carriers or providers of interconnected VoIP (Voice over Internet Protocol) service from placing a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless the third-party charge is: (1) from a certified third-party vendor, (2) for a product or service that the carrier or provider markets or sells jointly with its own service, and (3) consented to and believed to be requested by the customer.
Defines a "third-party charge" as a charge for a product or service not provided by a local exchange carrier or a provider of interconnected VoIP service that is included on a bill for the services the local exchange carrier or provider of interconnected VoIP service offers to its customers.
Subjects violators to civil forfeiture and specified penalties.
Directs the Federal Communications Commission (FCC) to promulgate rules to: (1) ensure that a provider of wireless services gives each customer the means to avoid receiving third-party charges on the wireless customer's wireless bill and discloses such an option clearly and conspicuously, (2) establish procedures for such a provider to ensure that third-party charges have been authorized by the wireless customer; and (3) enable a wireless customer to seek and receive reimbursement from the provider for any unauthorized third-party charges. | {"src": "billsum_train", "title": "A bill to prohibit unauthorized third-party charges on wireline telephone bills, and for other purposes."} | 1,244 | 304 | 0.531073 | 1.756835 | 0.731175 | 5.105072 | 4.315217 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native Hawaiian Housing Assistance
Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The Federal Government has a responsibility to promote
the general welfare of the Nation by employing its resources to
remedy the unsafe and unsanitary housing conditions and the
acute shortage of decent, safe, and sanitary dwellings for
families of lower income and by developing effective
partnerships with governmental and private entities to
accomplish these objectives.
(2) Based upon the status of the Kingdom of Hawaii as an
internationally recognized and independent sovereign and the
unique historical and political relationship between the United
States and Native Hawaiians, the Native Hawaiian people have a
continuing right to local autonomy in traditional and cultural
affairs and an ongoing right of self-determination and self-
governance that has never been extinguished.
(3) The authority of Congress under the Constitution of the
United States to legislate and address matters affecting the
rights of indigenous people of the United States includes the
authority to legislate in matters affecting Native Hawaiians.
(4) In 1921, in recognition of the severe decline in the
Native Hawaiian population, Congress enacted the Hawaiian Homes
Commission Act, 1920, which set aside approximately 200,000
acres of the ceded public lands for homesteading by Native
Hawaiians, thereby affirming the special relationship between
the United States and the Native Hawaiians.
(5) In 1959, under the Act entitled ``An Act to provide for
the admission of the State of Hawaii into the Union'', approved
March 18, 1959 (73 Stat. 4), the United States reaffirmed the
special relationship between the United States and the Native
Hawaiian people--
(A) by transferring what the United States deemed
to be a trust responsibility for the administration of
the Hawaiian Home Lands to the State of Hawaii, but
continuing Federal superintendence by retaining the
power to enforce the trust, including the exclusive
right of the United States to consent to land exchanges
and any amendments to the Hawaiian Homes Commission
Act, 1920, enacted by the legislature of the State of
Hawaii affecting the rights of beneficiaries under such
Act; and
(B) by ceding to the State of Hawaii title to the
public lands formerly held by the United States,
mandating that such lands be held ``in public trust''
for ``the betterment of the conditions of Native
Hawaiians, as defined in the Hawaiian Homes Commission
Act, 1920'', and continuing Federal superintendence by retaining the
exclusive legal responsibility to enforce this public trust.
(6) In recognition of the special relationship that exists
between the United States and the Native Hawaiian people,
Congress has extended to Native Hawaiians the same rights and
privileges accorded to American Indians and Alaska Natives
under the Native American Programs Act of 1974, the American
Indian Religious Freedom Act, the National Museum of the
American Indian Act, the Native American Graves Protection and
Repatriation Act, the National Historic Preservation Act, the
Native American Languages Act, the American Indian, Alaska
Native and Native Hawaiian Culture and Arts Development Act,
the Job Training and Partnership Act, and the Older Americans
Act of 1965.
(7) The special relationship has been recognized and
reaffirmed by the United States Congress in the area of
housing--
(A) through the authorization of mortgage loans
insured by the Federal Housing Administration for the
purchase, construction, or refinancing of homes on
Hawaiian Home Lands under the National Housing Act;
(B) by mandating Native Hawaiian representation on
the National Commission on American Indian, Alaska
Native, and Native Hawaiian Housing;
(C) by the inclusion of Native Hawaiians in the
Native American Veterans' Home Loan Equity Act of 1993;
and
(D) by enactment of the Hawaiian Home Lands
Recovery Act, which establishes a process that enables
the Federal Government to convey lands to the
Department of Hawaiian Home Lands equivalent in value
to lands acquired by the Federal Government.
(b) Purposes.--The purposes of this Act are as follows:
(1) To implement the recommendation of the National
Commission on American Indian, Alaska Native, and Native
Hawaiian Housing (in this Act referred to as the
``Commission'') that Congress establish a Native Hawaiian
Housing and Infrastructure Assistance Program to alleviate and
address the severe housing needs of Native Hawaiians by
extending to them the same Federal housing assistance available
to American Indians and Alaska Natives.
(2) To address the following needs of the Native Hawaiian
population, as documented in the Final Report of the
Commission, ``Building the Future: A Blueprint for Change''
(1992); the United States Department of Housing and Urban
Development report, ``Housing Problems and Needs of Native
Hawaiians (1995);'' and the State Department of Hawaiian Home
Lands report ``Department of Hawaiian Home Lands Beneficiary
Needs Study'' (1995):
(A) Native Hawaiians experience the highest
percentage of housing problems in the Nation: 49
percent, compared to 44 percent for American Indian and
Alaska Native households in tribal areas, and 27
percent for all United States households, particularly
in the area of overcrowding (27 percent versus 3
percent nationally) with 36 percent of Hawaiian
homelands households experiencing overcrowding.
(B) Native Hawaiians have the worst housing
conditions in the State of Hawaii and are seriously
overrepresented in the State's homeless population,
representing over 30 percent.
(C) Among the Native Hawaiian population, the needs
of the Native Hawaiians eligible for Hawaiian homelands
are the most severe. Ninety-five percent of the current
applicants, approximately 13,000 Native Hawaiians, are
in need of housing, with one-half of those applicant
households facing overcrowding and one-third paying
more than 30 percent of their income for shelter. Under
Department of Housing and Urban Development guidelines,
70.8 percent of Department of Hawaiian Home Lands
lessees and applicants fall below the Department of
Housing and Urban Development median family income,
with more than half having incomes below 30 percent.
SEC. 3. HOUSING ASSISTANCE.
The Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.) is amended by adding at the end the
following new title:
``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
``SEC. 801. BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES.
``(a) Grant Authority.--For each fiscal year, the Secretary shall
(to the extent amounts are made available to carry out this title) make
a grant under this title to the Department of Hawaiian Home Lands to
carry out affordable housing activities for Native Hawaiian families on
or near Hawaiian Home Lands.
``(b) Applicability of Other Provisions.--
``(1) In general.--Except as provided pursuant to paragraph
(3), the provisions of sections 3 and 4 and titles I, II, and
IV shall apply to assistance under this title to the Department
of Hawaiian Home Lands for affordable housing for Native
Hawaiian families in the same manner that such provisions apply
to assistance under such sections and titles to recipients for
Indian tribes for affordable housing for Indian families.
``(2) References.--Except as provided pursuant to paragraph
(3), for purposes of carrying out this title, any references in
titles I, II, and IV--
``(A) to `Indian area' is deemed to refer to areas
on or near Hawaiian Home Lands;
``(B) to `Indian housing plan' is deemed to refer
to a plan under section 102 by the Department of
Hawaiian Home Lands;
``(C) to `Indian tribe' as a grant beneficiary or
to `Indian families' is deemed to refer to Native
Hawaiians or the Department of Hawaiian Home Lands;
``(D) to `Indian family' is deemed to refer to
Native Hawaiian family; and
``(E) to `recipient', `tribally designated housing
entity', or `housing entity' is deemed to refer to the
Department of Hawaiian Home Lands.
``(3) Exception.--The Secretary may, by regulation, waive
or modify any provision of section 3 or 4, title I, II, or IV,
or paragraph (2) of this subsection, for purposes only of the
applicability of such provision to assistance under this title,
as the Secretary determines necessary to provide for assistance
under this title to meet the unique housing needs and
circumstances of Native Hawaiians.
``(c) Use of Nonprofit Organizations.--As a condition of receiving
grant amounts under this title, the Department of Hawaiian Home Lands
shall, to the extent practicable, provide for private nonprofit
organizations experienced in the planning and development of affordable
housing for Native Hawaiians to carry out affordable housing activities
with such grant amounts.
``SEC. 802. DEFINITIONS.
``For purposes of this title, the following definitions shall
apply:
``(1) Department of hawaiian home lands.--The term
`Department of Hawaiian Home Lands' means the agency or
department of the government of the State of Hawaii that is
responsible for the administration of the Hawaiian Homes
Commission Act, 1920.
``(2) Hawaiian home lands.--The term `Hawaiian home lands'
means the lands set aside for homesteading by Native Hawaiians
under the Hawaiian Homes Commission Act, 1920, and any other
lands acquired pursuant to such Act.
``(3) Native Hawaiian.--The term `Native Hawaiian' has the
meaning given such term in section 201 of the Hawaiian Homes
Commission Act, 1920.
``SEC. 803. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under this
title such sums as may be necessary for each of fiscal years 1997,
1998, 1999, 2000, and 2001.''.
SEC. 4. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184 of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z-13a) is amended by adding at the end the following new
subsection:
``(l) Applicability to Native Hawaiian Housing.--
``(1) Guarantee authority.--To provide access to sources of
private financing to Native Hawaiian families, Native Hawaiian
housing authorities, and private nonprofit organizations
experienced in the planning and development of affordable
housing for Native Hawaiians, who otherwise could not acquire
housing financing because of the unique legal status of
Hawaiian Home Lands, the Secretary may guarantee not to exceed
100 percent of the unpaid principal and interest due on any
loan eligible pursuant to this subsection made to a Native
Hawaiian family, a Native Hawaiian housing authority, or such a
private nonprofit organization.
``(2) Applicability of other provisions.--
``(A) In general.--Except as provided pursuant to
subparagraph (C), the provisions of subsections (b)
through (k) shall apply to loan guarantees under this
subsection to Native Hawaiian families and to Native
Hawaiian housing authorities and private nonprofit
organizations referred to in paragraph (1) in the same
manner that such provisions apply to guarantees under
such subsections to Indian families and Indian housing
authorities.
``(B) References.--Except as provided pursuant to
subparagraph (C), for purposes of carrying out this
subsection, any references in subsections (b) through
(k)--
``(i) to `Indian' is deemed to refer to
Native Hawaiian;
``(ii) to `Indian area' is deemed to refer
to the area within which a Native Hawaiian
housing authority is authorized to provide
housing;
``(iii) to `Indian housing authority' is
deemed to refer to Native Hawaiian housing
authority or a private nonprofit organization
referred to in paragraph (1); and
``(iv) to `trust land' is deemed to refer
to Hawaiian Home Lands.
``(C) Exception.--The Secretary may, by regulation,
waive or modify any provision of subsection (b) through
(k) or of subparagraph (B) of this paragraph, for
purposes only of the applicability of such provision to
loan guarantees under this subsection, as the Secretary
determines necessary to provide for loan guarantees
under this subsection to meet the unique housing needs
and circumstances of Native Hawaiians.
``(3) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Department of hawaiian home lands.--The term
`Department of Hawaiian Home Lands' means the agency or
department of the government of the State of Hawaii
that is responsible for the administration of the
Hawaiian Homes Commission Act, 1920.
``(B) Hawaiian home lands.--The term `Hawaiian Home
Lands' means the lands set aside for homesteading by
Native Hawaiians under the Hawaiian Homes Commission
Act, 1920, and any other lands acquired pursuant to
that Act.
``(C) Native hawaiian.--The term `Native Hawaiian'
has the meaning given such term in section 201 of the
Hawaiian Homes Commission Act, 1920.
``(D) Native hawaiian housing authority.--The term
`Native Hawaiian housing authority' means any public
body (or agency or instrumentality thereof) established
under the laws of the State of Hawaii, that is
authorized to engage in or assist in the development or
operation of low-income housing for Native Hawaiians,
including the Department of Hawaiian Home Lands and the
Office of Hawaiian Affairs of the State of Hawaii.
``(4) Authorization of appropriations.--For costs (as such
term is defined in section 502 of the Congressional Budget Act
of 1974) of loan guarantees under this subsection, there are
authorized to be appropriated to the Indian Housing Loan
Guarantee Fund under subsection (i) such sums as may be
necessary for each of fiscal years 1997, 1998, 1999, 2000, and
2001.''. | Native Hawaiian Housing Assistance Act of 1997 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 to establish a Native Hawaiian affordable housing block grant program. Authorizes appropriations.
Amends the Housing and Community Development Act of 1992 to authorize Native Hawaiian housing loan guarantees. Authorizes appropriations. | {"src": "billsum_train", "title": "Native Hawaiian Housing Assistance Act of 1997"} | 3,065 | 72 | 0.4804 | 1.210272 | 0.425617 | 4.263158 | 49.877193 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Agricultural Disaster
Assistance Act of 2003''.
SEC. 2. CROP DISASTER ASSISTANCE.
(a) In General.--Subject to subsections (b) through (d), the
Secretary of Agriculture (referred to in this Act as the ``Secretary'')
shall use such sums as are necessary of funds of the Commodity Credit
Corporation to make emergency financial assistance authorized under
this section available to producers on a farm that have incurred
qualifying crop losses for the 2001, 2002, or 2003 crop, or any
combination of those crops, due to damaging weather or related
condition, as determined by the Secretary.
(b) Administration.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall make assistance available under this section in
the same manner as provided under section 815 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-
387; 114 Stat. 1549A-55), including using the same loss
thresholds for the quantity and quality losses as were used in
administering that section.
(2) Payment rates.--The Secretary shall make a disaster
payment available to producers on a farm for a crop under this
section at a rate equal to--
(A) 40 percent of the established price for the
crop for any deficiency in production greater than 20
percent, but less than 35 percent, for the crop; and
(B) 65 percent of the established price for the
crop for any deficiency in production of 35 percent or
more for the crop.
(c) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that
have purchased crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
(d) Other Assistance.--Subject to subsection (c), the amount of
assistance that producers on a farm would otherwise receive under this
section shall be reduced by the amount of assistance provided to the
producers on the farm for crop losses described in subsection (a) under
any other Federal law.
SEC. 3. LIVESTOCK ASSISTANCE PROGRAM.
(a) In General.--Subject to subsections (b) through (c), the
Secretary shall use such sums as are necessary of funds of the
Commodity Credit Corporation as are necessary to make and administer
payments for livestock losses to producers for 2001, 2002, or 2003, or
any combination of those years, in a county that has received a
corresponding emergency designation by the President or the Secretary,
of which an amount determined by the Secretary shall be made available
for the American Indian livestock program under section 806 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549, 1549A-51).
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 806 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549, 1549A-51).
(c) Other Assistance.--The amount of assistance that a producer
would otherwise receive under this section shall be reduced by the
amount of assistance provided to the producer for losses described in
subsection (a) under any other Federal law.
SEC. 4. FUNDING.
Of the funds of the Commodity Credit Corporation, the Secretary
shall use such sums as are necessary to carry out this Act, to remain
available until expended.
SEC. 5. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 6. EMERGENCY DESIGNATION.
(a) In General.--The entire amount made available under this Act
shall be available only to the extent that the President submits to
Congress an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
(b) Designation.--The entire amount made available under this
section is designated by Congress as an emergency requirement under
sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A),
902(e)).
SEC. 7. BUDGETARY TREATMENT.
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set
forth in the Joint Explanatory Statement of the Committee of Conference
accompanying Conference Report No. 105-217, the provisions of this Act
that would have been estimated by the Office of Management and Budget
as changing direct spending or receipts under section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
902) were it included in an Act other than an appropriation Act shall
be treated as direct spending or receipts legislation, as appropriate,
under section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 902). | Emergency Agricultural Disaster Assistance Act of 2003 - Directs the Secretary of Agriculture to use Commodity Credit Corporation funds for emergency financial assistance to producers who have suffered qualifying weather-caused crop losses in 2001, 2002, or 2003, for: (1) crops; or (2) livestock under the American Indian livestock program in a disaster-designated county.
Reduces (other than crop insurance) other agricultural assistance by amounts received under this Act. | {"src": "billsum_train", "title": "A bill to provide emergency disaster assistance to agricultural producers."} | 1,313 | 90 | 0.650154 | 1.615385 | 1.511322 | 2.447059 | 13.776471 | 0.917647 |
SECTION 1. FINDINGS.
Congress finds as follows:
(1) Each year, in every corner of the Nation, the 850,000
first responders of Emergency Medical Services answer more than
30,000,000 calls to serve 22,000,000 patients in need of life
saving care and comfort at a moment's notice and without
reservation. With little regard for their own safety and in the
face of all hazards the men and women of Emergency Medical
Services respond across the spectrum of incidents from a single
person's medical emergency to the naturally occurring or man-
made disasters, including terrorist attacks that threaten the
entire Nation. This commitment to others, at a moment's notice
and despite risk, exemplifies the finest traditions of American
spirit.
(2) As an element of the Nation's homeland defense
strategy, Emergency Medical Services stands on the ``Nation's
first line of defense in the prevention and mitigation of risk
from terrorist attacks, man-made incidents, and natural
disasters.''. The men and women of Emergency Medical Services,
alongside those in Law Enforcement and the Fire Service,
serving in both the public and private sectors as career and
volunteer emergency medical service providers, are a critical
element of the Nation's homeland and national security efforts
and provide for the domestic tranquility of its citizens.
(3) All too often the risks associated with the critical
role of Emergency Medical Services results in an unacceptable
rate of injury and fatality to these responders. Statistics
compiled by the United States Department of Labor and the
National Highway Safety Administration indicate that emergency
medical services providers die in the line of duty at a rate
more than twice the national average for all occupational
fatalities and during their careers experience an injury rate
of virtually 100 percent.
(4) We as a Nation have historically and continually relied
on the selfless and ultimate sacrifices made by the men and
women of this great country, their families, and loved ones in
order to maintain the domestic tranquility, safety, and
security of this Nation. The men and women of Emergency Medical
Services continue to serve in this finest tradition, in the
face of unacceptable sacrifice, risk and danger in service to
the Nation and its citizens.
(5) The scope of responsibility assumed by the men and
women of the Emergency Medical Services is broad and unique and
their sacrifice and commitment in service to our Nation are
deserving of a commemorative work that recognizes such.
SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK.
(a) In General.--The National Emergency Medical Services Memorial
Foundation may establish a commemorative work on Federal land in the
District of Columbia and its environs to commemorate the commitment and
service represented by emergency medical services.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work under this section shall be in
accordance with chapter 89 of title 40, United States Code (commonly
known as the ``Commemorative Works Act'').
(c) Prohibition on the Use of Federal Funds.--
(1) In general.--Federal funds may not be used to pay any
expense of the establishment of the commemorative work under
this section.
(2) Responsibility of national emergency medical services
memorial foundation.--The National Emergency Medical Services
Memorial Foundation shall be solely responsible for acceptance
of contributions for, and payment of the expenses of, the
establishment of the commemorative work under this section.
(d) Deposit of Excess Funds.--
(1) In general.--If upon payment of all expenses for the
establishment of the memorial (including the maintenance and
preservation amount required by section 8906(b)(1) of title 40,
United States Code), there remains a balance of funds received
for the establishment of the commemorative work, the
Association shall transmit the amount of the balance to the
Secretary of the Interior for deposit in the account provided
for in section 8906(b)(3) of title 40, United States Code.
(2) On expiration of authority.--If upon expiration of the
authority for the commemorative work under section 8903(e) of
title 40, United States Code, there remains a balance of funds
received for the establishment of the commemorative work, the
Association shall transmit the amount of the balance to a
separate account with the National Park Foundation for
memorials, to be available to the Secretary of the Interior or
Administrator (as appropriate) following the process provided
in section 8906(b)(4) of title 40, United States Code, for
accounts established under 8906(b)(2) or (3) of title 40,
United States Code. | Authorizes the National Emergency Medical Services Memorial Foundation to establish a commemorative work on federal land in the District of Columbia and its environs to commemorate the commitment and service represented by emergency medical services. Prohibits the use of federal funds to pay any expense of the establishment of such work. Makes the Foundation solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of such work. Provides for the deposit of excess funds received for such work into a National Park Foundation account. | {"src": "billsum_train", "title": "To authorize the National Emergency Medical Services Memorial Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes."} | 961 | 109 | 0.378389 | 1.081811 | 0.097637 | 5.452632 | 9.6 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flight Attendant Certification
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Federal Aviation Administration requires cabin crew
on board all transport category aircraft (20 seats or more) to
handle aircraft evacuations and other emergency procedures.
(2) Cabin crew are in-flight first responders trained to
handle medical emergencies, fires, and security threats.
(3) As safety-sensitive employees, cabin crew are tested
for drug and alcohol use.
(4) Federal regulations limit cabin crew duty time and
stipulate mandatory rest periods.
(5) A wide disparity in quality and content of training
exists from air carrier to air carrier.
(6) The Federal Aviation Administration certifies other
groups with safety responsibilities under its jurisdiction,
including pilots, mechanics, repairmen, dispatchers, and
parachute packers.
(7) Certification of cabin crew will make the Federal
Aviation Administration responsible for ensuring that cabin
crew are qualified to perform their safety and security duties.
SEC. 3. TRAINING PROGRAMS FOR CABIN CREW.
Section 44935 of chapter 449 of part A of subtitle VII of title 49,
United States Code, is amended by adding at the end the following:
``(g) Training Standards for Cabin Crew.--
``(1) In general.--The Administrator shall prescribe
standards for cabin crew training and certification. The
standards shall include the following:
``(A) Mandatory certification.--All new and
existing cabin crew members shall be certified by the
Administrator after successful completion of an air
carrier's training program, which consists of--
``(i) initial, indoctrination, and
emergency training;
``(ii) air carrier specific training
related to aircraft types and operator's
certificate; and
``(iii) submission by the air carrier to
the Administrator confirming such completion.
``(B) Standardized training.--The Administrator
shall be prohibited from granting an air carrier a
waiver of cabin crew training requirements or an
exemption from any part of such requirements.
``(C) Qualifications.--
``(i) In general.--To be qualified to
receive a cabin crew certificate, a cabin crew
member shall--
``(I) successfully complete the
training requirements established by
the Administrator, including all
initial, indoctrination, emergency,
transition, differences, recurrent, and
requalification training as described
in the applicable regulations;
``(II) successfully complete the
cabin security and self-defense
training requirements established by
the Transportation Security
Administrator; and
``(III) successfully perform the
assigned duties of a cabin crew member
and complete the approved proficiency
check, under the supervision of a
certified instructor or supervisor, for
not less than 5 hours of initial
operating experience.
``(ii) Initial operating experience.--
Initial operating experience shall be
conducted:
``(I) on an operating flight;
``(II) without decreasing the
number of required cabin crew
complement on an aircraft; and
``(III) by assigning not more than
2 qualifying cabin crew on a narrow-
body aircraft or not more than 4
qualifying cabin crew on a wide-body
aircraft.
No deviations, exemptions, and waivers from
these requirements shall be permitted.
``(D) Contents.--The cabin crew certificate shall--
``(i) be numbered and recorded by the
Administrator of the Federal Aviation
Administration;
``(ii) contain the name, address, and
description of the individual to whom the
certificate is issued;
``(iii) contain the name of the current air
carrier employer of the certificate holder;
``(iv) contain terms the Administrator
determines are necessary to ensure safety in
air commerce, including terms that the
certificate shall remain valid unless the
Administrator suspends or revokes the
certificate; and
``(v) designate the type and model of
aircraft on which the certificate holder cabin
crew member has successfully completed all
Federal Aviation Administration and
Transportation Security Administration required
training in order to be assigned duties on
board such type and model of aircraft.
``(E) Carrier training approval.--Air carrier
training programs shall require approval by the
Administrator. To assure consistent training and
competency, only a FAA headquarters staff position
shall be authorized to approved training programs.
Principal operations inspectors or other personnel with
responsibilities for a particular air carrier or
carriers shall not be permitted to issue such approval
or permitted to grant exemptions, deviations, or
waivers from any approved training requirements used to
evaluate air carrier training programs or to determine
whether such programs shall be approved.
``(2) Definition.--For purposes of this subsection, the
term `cabin crew' means individuals working in an aircraft
cabin on board a transport category aircraft with 20 or more
seats.''. | Flight Attendant Certification Act - Amends Federal taransportation law to require the Administrator of the Federal Aviation Administration to prescribe standards for cabin crew training and certification for individuals working in an aircraft cabin on board a transport category aircraft with twenty or more seats.
Requires all new and existing cabin crew members to be certified by the Administrator after successful completion of an air carrier's training program consisting of: (1) initial, indoctrination, and emergency training; (2) air carrier specific training related to aircraft types and operator's certificate; and (3) submission by the air carrier to the Administrator confirming such completion.
Declares that the Administrator shall be prohibited from granting an air carrier a waiver of cabin crew training requirements or an exemption from any part of such requirements.
Requires a cabin crew member, to qualify for a cabin crew certificate, to successfully: (1) complete the training requirements established by the Administrator, including all initial, indoctrination, emergency, transition, differences, recurrent, and requalification training; (2) complete the cabin security and self-defense training requirements established by the Transportation Security Administrator; and (3) perform the assigned duties of a cabin crew member and complete the approved proficiency check, under the supervision of a certified instructor or supervisor, for not less than five hours of initial operating experience.
Requires air carrier training programs to receive the Administrator's approval. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to improve the training requirements for and require the certification of cabin crew members, and for other purposes."} | 1,037 | 297 | 0.742383 | 2.036826 | 0.914222 | 4.427509 | 3.791822 | 0.97026 |
SECTION 1. DEFINITIONS.
As used in this Act--
(1) ``Secretary'' means the Secretary of the Interior,
acting through the Commissioner of Reclamation;
(2) ``Reclamation'' means the Bureau of Reclamation, United
States Department of the Interior;
(3) ``Fish passage and screening facilities'' means
ladders, collection devices, and all other kinds of facilities
which enable fish to pass through, over, or around water
diversion structures; facilities and other constructed works
which modify, consolidate, or replace water diversion
structures in order to achieve fish passage; screens and other
devices which reduce or prevent entrainment and impingement of
fish in a water diversion, delivery, or distribution system;
and any other facilities, projects, or constructed works or
strategies which are designed to provide for or improve fish
passage while maintaining water deliveries and to reduce or
prevent entrainment and impingement of fish in a water storage,
diversion, delivery, or distribution system of a water project;
(4) ``Federal reclamation project'' means a water resources
development project constructed, operated, and maintained
pursuant to the Reclamation Act of 1902 (32 Stat. 388), and
acts amendatory thereof and supplementary thereto;
(5) ``Non-Federal party'' means any non-Federal party,
including federally recognized Indian tribes, non-Federal
governmental and quasi-governmental entities, private entities
(both profit and non-profit organizations), and private
individuals;
(6) ``Snake River Basin'' means the entire drainage area of
the Snake River, including all tributaries, from the headwaters
to the confluence of the Snake River with the Columbia River;
(7) ``Columbia River Basin'' means the entire drainage area
of the Columbia River located in the United States, including
all tributaries, from the headwaters to the Columbia River
estuary; and
(8) ``Habitat improvements'' means work to improve habitat
for aquatic plants and animals within a currently existing
stream channel below the ordinary high water mark, including
stream reconfiguration to rehabilitate and protect the natural
function of streambeds, and riverine wetland construction and
protection.
SEC. 2. AUTHORIZATION.
(a) In General.--Subject to the requirements of this Act, the
Secretary is authorized to plan, design, and construct, or provide
financial assistance to non-Federal parties to plan, design, and
construct, fish passage and screening facilities or habitat
improvements at any non-Federal water diversion or storage project
located anywhere in the Columbia River Basin when the Secretary
determines that such facilities would enable Reclamation to meet its
obligations under section 7(a)(2) of the Endangered Species Act of 1973
(16 U.S.C. 1536(a)(2)) regarding the construction and continued
operation and maintenance of all Federal reclamation projects located
in the Columbia River Basin, excluding the Federal reclamation projects
located in the Snake River Basin.
(b) Prohibition of Acquisition of Land for Habitat Improvements.--
Notwithstanding subsection (a), nothing in this Act authorizes the
acquisition of land for habitat improvements.
SEC. 3. LIMITATIONS.
(a) Written Agreement.--The Secretary may undertake the
construction of, or provide financial assistance covering the cost to
the non-Federal parties to construct, fish passage and screening
facilities at non-Federal water diversion and storage projects or
habitat improvements located anywhere in the Columbia River Basin only
after entering into a voluntary, written agreement with the non-Federal
party or parties who own, operate, or maintain the project, or any
associated lands involved.
(b) Federal Share.--The Federal share of the total costs of
constructing the fish passage and screening facility or habitat
improvements shall be not more than 75 percent.
(c) Non-Federal Share.--
(1) Except as provided in paragraph (4), a written
agreement entered into under subsection (a) shall provide that
the non-Federal party agrees to pay the non-Federal share of
the total costs of constructing the fish passage and screening
facility or habitat improvements.
(2) The non-Federal share may be provided in the form of
cash or in-kind services.
(3) The Secretary shall--
(A) require the non-Federal party to provide
appropriate documentation of any in-kind services
provided; and
(B) determine the value of the in-kind services.
(4) The requirements of this subsection shall not apply to
Indian tribes.
(d) Grant and Cooperative Agreements.--Any financial assistance
made available pursuant to this Act shall be provided through grant
agreements or cooperative agreements entered into pursuant to and in
compliance with chapter 63 of title 31, United States Code.
(e) Terms and Conditions.--The Secretary may require such terms and
conditions as will ensure performance by the non-Federal party, protect
the Federal investment in fish passage and screening facilities or
habitat improvements, define the obligations of the Secretary and the
non-Federal party, and ensure compliance with this Act and all other
applicable Federal, State, and local laws.
(f) Rights and Duties of Non-Federal Parties.--All right and title
to, and interest in, any fish passage and screening facilities
constructed or funded pursuant to the authority of this Act shall be
held by the non-Federal party or parties who own, operate, and maintain
the non-Federal water diversion and storage project, and any associated
lands, involved. The operation, maintenance, and replacement of such
facilities shall be the sole responsibility of such party or parties
and shall not be a project cost assignable to any Federal reclamation
project.
SEC. 4. OTHER REQUIREMENTS.
(a) Permits.--The Secretary may assist a non-Federal party who
owns, operates, or maintains a non-Federal water diversion or storage
project, and any associated lands, to obtain and comply with any
required State, local, or tribal permits.
(b) Federal Law.--In carrying out this Act, the Secretary shall be
subject to all Federal laws applicable to activities associated with
the construction of a fish passage and screening facility or habitat
improvements.
(c) State Water Law.--
(1) In carrying out this Act, the Secretary shall comply
with any applicable State water laws.
(2) Nothing in this Act affects any water or water-related
right of a State, an Indian tribe, or any other entity or
person.
(d) Required Coordination.--The Secretary shall coordinate with the
Northwest Power and Conservation Council; appropriate agencies of the
States of Idaho, Oregon, and Washington; and appropriate federally
recognized Indian tribes in carrying out the program authorized by this
Act.
SEC. 5. INAPPLICABILITY OF FEDERAL RECLAMATION LAW.
(a) In General.--The Reclamation Act of 1902 (32 Stat. 388), and
Acts amendatory thereof and supplementary thereto, shall not apply to
the non-Federal water projects at which the fish passage and screening
facilities authorized by this Act are located, nor to the lands which
such projects irrigate.
(b) Nonreimbursable and Nonreturnable Expenditures.--
Notwithstanding any provision of law to the contrary, the expenditures
made by the Secretary pursuant to this Act shall not be a project cost
assignable to any Federal reclamation project (either as a construction
cost or as an operation and maintenance cost) and shall be non-
reimbursable and non-returnable to the United States Treasury.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as are
necessary for the purposes of this Act.
Passed the Senate July 26, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, directly or through financial assistance to non-federal parties, to plan, design, and construct fish passage and screening facilities or habitat improvements at any non-federal water diversion or storage project located anywhere in the Columbia River Basin. Provides such authority when the Secretary determines that such facilities would enable the Bureau to meet its obligations for the construction, operation, and maintenance of federal reclamation projects in the Columbia River Basin, excluding the projects located in the Snake River Basin. Limits the federal share to 75% of project costs.
Authorizes the Secretary to assist a non-federal party who owns, operates, or maintains a non-federal water diversion or storage project and associated lands to obtain and comply with any required state, local, or tribal permits. Makes the Secretary subject to all federal laws applicable to activities associated with the construction of a fish passage and screening facility or habitat improvements. Directs the Secretary to: (1) comply with any applicable state water laws; and (2) coordinate with the Northwest Power and Conservation Council, appropriate agencies of the states of Idaho, Oregon, and Washington, and appropriate federally recognized Indian tribes in carrying out the program authorized by this Act.
Makes the Reclamation Act of 1902 and other federal reclamation laws inapplicable to the non-federal water projects at which the fish passage and screening facilities authorized by this Act are located and the lands such projects irrigate. Declares that expenditures made by the Secretary under this Act shall not be a project cost assignable to any federal reclamation project and shall be non-reimbursable and non-returnable to the Treasury. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior, acting through the Bureau of Reclamation, to assist in the implementation of fish passage and screening facilities at non-Federal water projects, and for other purposes."} | 1,755 | 373 | 0.631331 | 1.725679 | 0.760403 | 5.996914 | 4.811728 | 0.972222 |
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``All-Terrain
Vehicle Standards and Compliance Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Adoption of ANSI ATV standard as a consumer product safety
standard.
Sec. 3. Modification of standard.
Sec. 4. All-terrain vehicles to which standard applies.
Sec. 5. Action plans.
Sec. 6. Labeling and certification.
Sec. 7. Definitions.
SEC. 2. ADOPTION OF ANSI ATV STANDARD AS A CONSUMER PRODUCT SAFETY
STANDARD.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Consumer Product Safety Commission shall promulgate a consumer
product safety standard for all-terrain vehicles and publish the
standard in the Federal Register. The consumer product safety standard
shall be the same as the American National Standards Institute/
Specialty Vehicle Institute of America's publication entitled ``Four
Wheel All-Terrain Vehicles--Equipment, Configuration and Performance
Requirements ANSI/SVIA 1-2001'', except that--
(1) the Commission shall modify the definition of an all-
terrain vehicle in that standard by deleting any reference to a
single rider and no passenger;
(2) the standard shall clearly indicate that it is a
consumer product safety standard promulgated by the Commission;
and
(3) the Commission may make any other necessary changes in
format or style necessary to conform the standard to the format
and style of other consumer product safety standards
promulgated by the Commission.
(b) Certain Provisions of Law Not Applicable to Initial Standard.--
Sections 7, 9, 11, and 30(d) of the Consumer Product Safety Act (15
U.S.C. 2056, 2058, 2060, and 2079(d)) and section 553 of title 5,
United States Code, shall not apply to promulgation of the consumer
product safety standard required by subsection (a).
SEC. 3. MODIFICATION OF STANDARD.
(a) ANSI Revisions.--If the American National Standards Institute
modifies its all-terrain vehicle standard after the date on which the
ATV standard is published in the Federal Register under section 2(a),
it shall notify the Commission of the modification.
(b) Commission Action.--
(1) In general.--Within 120 days after it receives notice
of such a modification by the American National Standards
Institute, the Commission shall--
(A) issue a notice of proposed rulemaking in
accordance with section 553 of title 5, United States
Code, to amend the ATV standard to include any such
modification that the Commission determines is
reasonably related to the safe performance of all-
terrain vehicles; and
(B) notify the Institute of any provision it has
determined not to be so related.
(2) Deadline.--The Commission shall promulgate an amendment
to the ATV standard under paragraph (1)(A) within 180 days
after the date on which the notice of proposed rulemaking for
the amendment is published in the Federal Register.
(c) Unreasonable Risks of Injury.--Notwithstanding any other
provision of this Act, the Commission may amend the ATV standard to
include any additional provision that the Commission determines is
reasonably necessary to reduce unreasonable risks of injury associated
with the performance of all-terrain vehicles.
(d) Certain Provisions of CPSA Not Applicable.--Sections 7, 9, 11,
and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058,
2060, and 2079(d)) shall not apply to promulgation of any amendment of
the ATV standard under subsection (b)(1)(A). Judicial review of any
amendment of the ATV standard under subsection (b)(1)(A) shall be in
accordance with chapter 7 of title 5, United States Code.
SEC. 4. ALL-TERRAIN VEHICLES TO WHICH STANDARD APPLIES.
(a) In General.--The ATV standard shall apply to all-terrain
vehicles manufactured in the United States, or imported for use in the
United States, more than 150 days after the date on which the ATV
standard is published in the Federal Register.
(b) Compliant Models With Additional Features.--The ATV standard
shall not be construed to prohibit a manufacturer or importer of an
all-terrain vehicle that complies with the requirements of the consumer
product safety standard from manufacturing or distributing any such
all-terrain vehicle that incorporates characteristics or components
that are not covered by the consumer product safety standard. Any such
characteristics or components shall be subject to the requirements of
section 15 of the Act (15 U.S.C. 2064).
SEC. 5. ACTION PLANS.
(a) Action Plan Required.--
(1) In general.--Each manufacturer or importer of an all-
terrain vehicle to which the ATV standard applies shall submit
an action plan to the Commission for its approval.
(2) Commission approval required.--If the Commission
approves an action plan, it shall indicate its approval in
writing. The Commission may not unreasonably withhold approval
of an action plan.
(3) Existing action plans.--An action plan submitted to the
Commission by a manufacturer or importer before the date of
enactment of this Act is deemed to have been approved in
writing by the Commission.
(b) Compliance With Action Plan Required.--
(1) In general.--A manufacturer or importer of all-terrain
vehicles may not distribute an all-terrain vehicle in commerce
unless the manufacturer or importer has complied with its
obligations under its action plan that has been approved by the
Commission.
(2) Requirements for 3-wheeled atvs.--Until a mandatory
consumer product safety standard applicable to 3-wheeled all-
terrain vehicles promulgated pursuant to this Act is in effect,
new 3-wheeled all-terrain vehicles may not be imported into or
distributed in commerce in the United States.
(3) Enforcement.--Violation of paragraph (1) or (2) shall
be considered to be a violation of section 19(a)(1) of the
Consumer Product Safety Act (15 U.S.C. 2068(a)(1)) and may also
be enforced under section 17 of that Act (15 U.S.C. 2066).
(c) Amendment of Action Plan.--
(1) In general.--A manufacturer or importer may amend an
action plan approved by the Commission by notifying the
Commission in writing of the proposed amendment not less than
60 days before the date on which the proposed amendment is to
take effect.
(2) Commission review.--Within 60 days after receiving
notice of a proposed amendment, the Commission shall approve or
disapprove the proposed amendment and notify the manufacturer
or importer in writing of its action. If the Commission does
not notify the manufacturer or importer of its action within
that 60-day period, the Commission is deemed to have approved
the proposed amendment. If the Commission disapproves the
proposed amendment, the Commission shall include an explanation
in writing of the reasons for the disapproval in the
notification to the manufacturer or importer. The approval or
disapproval by the Commission of a proposed amendment shall
constitute final agency action for purposes of judicial review
under chapter 7 of title 5, United States Code.
(d) Revocation of Approval; Release of Obligation.--
(1) Revocation.--If the Commission determines, after notice
and the opportunity for a hearing, that a manufacturer or
importer has failed to comply substantially with its
obligations under its action plan, the Commission may revoke
its approval of the action plan. The revocation shall
constitute final agency action for purposes of judicial review
pursuant to chapter 7 of title 5, the United States Code. Upon
receipt of notice of a revocation of the action plan, the
manufacturer or importer shall cease further distribution in
commerce of any all-terrain vehicle subject to the ATV
standard. The revocation by the Commission of its approval of a
manufacturer's or importer's action plan shall not preclude the
manufacturer or importer from submitting another action plan
under subsection (a)(1).
(2) Release.--If the Commission determines that compliance
by a manufacturer or importer with a specific requirement of
its approved action plan is not necessary to promote all-
terrain vehicle safety, it shall notify the manufacturer or
importer in writing of its determination and release the
manufacturer or importer from any obligation under this Act to
comply with that requirement.
SEC. 6. LABELING AND CERTIFICATION.
Pursuant to section 14 of the Consumer Product Safety Act (15
U.S.C. 2063) each all-terrain vehicle to which the ATV standard applies
shall bear a label that--
(1) is permanent and allows viewing without removing any
part of the all-terrain vehicle;
(2) certifies that the all-terrain vehicle complies with
the consumer product safety standard and is subject to an
action plan accepted by the Commission;
(3) identifies the manufacturer, importer, or private
labeler issuing the certification; and
(4) contains sufficient information to enable the
Commission to identify the particular action plan or letter of
undertaking that applies to that all-terrain vehicle.
SEC. 7. GAO STUDY.
The Comptroller General shall conduct a study of the utility,
recreational, and other benefits of all-terrain vehicles, and the costs
associated with all-terrain vehicle related fatalities and injuries.
SEC. 8. DEFINITIONS.
In this Act:
(1) Action plan.--
(A) In general.--The term ``action plan'' means a
written document submitted to the Commission by the
manufacturer or importer of all-terrain vehicles that--
(i) describes actions the manufacturer or
importer agrees to take to promote all-terrain
vehicle safety, including rider training,
dissemination of safety information, age
recommendations, other policies governing
marketing and sale of the vehicles, the
monitoring of such sales, and other safety-
related measures; and
(ii) is substantially similar to the plans
described under the heading The Undertakings of
the Companies in the Consumer Product Safety
Commission Notice published in the Federal
Register on September 9, 1998 (63 FR 48199-
48204).
(B) Letter of undertaking.--The term ``action
plan'' includes a letter of undertaking that meets the
requirements of subparagraph (A).
(2) All-terrain vehicle.--
(A) In general.--The term ``all-terrain vehicle''
means a motorized off-highway vehicle designed to
travel on 3 or 4 wheels that has--
(i) a seat designed to be straddled by the
operator; and
(ii) handlebars for steering control.
(B) Exceptions.--The term does not include--
(i) a prototype of an all-terrain vehicle
not available for sale; or
(ii) an all-terrain vehicle designed and
manufactured exclusively for research and
development purposes and not available for
sale.
(3) ATV standard.--The term ``ATV standard'' means the
consumer product safety standard promulgated under section 2(a)
of this Act.
(4) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission. | All-Terrain Vehicle Standards and Compliance Act of 2007 - Requires the Consumer Product Safety Commission (CPSC) to issue a consumer product safety standard for all-terrain vehicles (ATVs) that is, subject to exception, identical to a specified publication by the American National Standards Institute/Specialty Vehicle Institute of America. Makes specified provisions of the Consumer Product Safety Act and other federal law inapplicable to that issuance.
Applies the standard to ATVs manufactured or imported after the standard is published. Allows ATVs that comply with the standard to incorporate characteristics or components not covered by the standard.
Requires each ATV manufacturer or importer to submit an action plan to the CPSC for approval and to comply with an approved plan.
Prohibits the importation or distribution of three-wheeled ATVs until a mandatory consumer product safety standard applicable to such vehicles is in effect.
Requires each ATV to which the standard applies to bear a label certifying compliance. | {"src": "billsum_train", "title": "A bill to assure compliance with basic standards for all-terrain vehicles in the United States, and for other purposes."} | 2,503 | 224 | 0.547363 | 1.610377 | 0.871126 | 2.550562 | 12.522472 | 0.876404 |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Presidential War
Powers and Civil Liberties (hereinafter in this Act referred to as the
``Commission'') to investigate the broad range of executive branch
national security policies undertaken since the terrorist attacks of
September 11, 2001, including detention by the United States Armed
Forces and the intelligence community, the use by the United States
Armed Forces or the intelligence community of enhanced interrogation
techniques or interrogation techniques not authorized by the Uniform
Code of Military Justice, ``ghosting'' or other policies intended to
conceal the fact that an individual has been captured or detained,
extraordinary rendition, domestic warrantless electronic surveillance,
targeted killings away from conventional battlefields, the use of the
state secrets or other litigation tactics or privileges to avoid
judicial review of executive branch national security actions, and any
other policies that the Commission may determine to be relevant to its
investigation (hereinafter in this Act referred to as ``the
activities'').
SEC. 2. DUTIES.
(a) In General.--The Commission shall--
(1) investigate relevant facts, circumstances and law
surrounding the activities; and
(2) report to the President and Congress the findings and
conclusions of the Commission and any recommendations the
Commission considers appropriate.
(b) Consideration and Use of Other Investigations.--In carrying out
its duties, the Commission shall consider and use, to the extent it
deems appropriate, the investigations that have been conducted by other
entities so as to avoid unnecessary duplication.
(c) Protection of National Security.--The Commission shall carry
out its duties in a manner consistent with the need to protect national
security.
SEC. 3. COMPOSITION OF THE COMMISSION.
(a) Members.--Subject to the requirements of subsection (b), the
Commission shall be composed of 9 members, of whom--
(1) 1 member shall be appointed by the President of the
United States;
(2) 2 members shall be appointed by the majority leader of
the Senate;
(3) 2 members shall be appointed by the minority leader of
the Senate;
(4) 2 members shall be appointed by the majority leader of
the House of Representatives; and
(5) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--No member of the
Commission shall be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services,
constitutional law, civil liberties, intelligence gathering,
national security, and foreign affairs.
(4) Deadline for appointment.--All members of the
Commission should be appointed within 120 days after the date
of enactment of this Act.
(5) Initial meeting.--If, 60 days after the date of
enactment of this Act, six or more members of the Commission
have been appointed, those members who have been appointed may
meet and, if necessary, select a temporary Chairperson and Vice
Chairperson, who may begin the operations of the Commission,
including the hiring of staff.
(6) Quorum; vacancies.--After its initial meeting, the
Commission shall meet upon the call of the Chairperson or a
majority of its members. Five members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(c) Chairperson; Vice Chairperson.--
(1) In general.--Subject to the requirement of paragraph
(2), the Chairperson shall be appointed by the President and
the Vice Chairperson of the Commission shall be appointed by
the Senate minority leader.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may, for purposes of
carrying out this Act--
(1) hold hearings, sit and act at times and places, take
testimony, receive evidence, and administer oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of witnesses and the production of books, records,
correspondence, memoranda, papers, and documents.
(b) Subpoenas.--
(1) Issuance.--
(A) In general.--The Commission may, by a majority
vote, issue subpoenas requiring the attendance and
testimony of witnesses and the production of any
evidence relating to any matter that the Commission is
empowered to investigate under this section. The
attendance of witnesses and the production of evidence
may be required from any place within the United States
at any designated place of hearing within the United
States.
(B) Signature.--Subpoenas issued under this
paragraph may be issued under the signature of the
Chair of the Commission, the chair of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission and may be
served by any person designated by such Chair,
subcommittee chair, or member.
(2) Enforcement.--
(A) In general.--If a person refuses to obey a
subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order
requiring that person to appear before the Commission
to give testimony, produce evidence, or both, relating
to the matter under investigation. The application may
be made within the judicial district where the hearing
is conducted or where 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.
(B) Jurisdiction.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1),
the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is
returnable, 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) Additional enforcement.--In the case of the
failure of a witness to comply with any subpoena or to
testify when summoned under authority of paragraph (1),
the Commission, by majority vote, may certify a
statement of fact attesting to such failure to the
appropriate United States attorney, who shall bring the
matter before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received a certification
under sections 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through 194).
(c) Closed Meetings.--Notwithstanding any other provision of law
which would require meetings of the Commission to be open to the
public, any portion of a meeting of the Commission may be closed to the
public if the President determines that such portion is likely to
disclose matters that could endanger national security.
(d) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(e) Information From Federal Agencies.--The Commission may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Commission
conducted under this Act. Each such department, agency, or
instrumentality shall, to the extent authorized by law, furnish such
information directly to the Commission upon request.
(f) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to the
Commission such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be
authorized by law.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(h) Powers of Subcommittees, Members, and Agents.--Any
subcommittee, 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.
SEC. 5. STAFF OF THE COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson and the Vice Chairperson, acting jointly.
(b) Staff.--The Chairperson, in consultation with the Vice
Chairperson, may appoint additional personnel as may be necessary to
enable the Commission to carry out its functions.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
no rate of pay fixed under this subsection may exceed the equivalent of
that payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code. Any individual appointed
under subsection (a) or (b) shall be treated as an employee for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(d) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at a rate not to exceed the daily equivalent of the annual rate of
basic pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day during which that member is engaged in the actual performance of
the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate executive departments and agencies shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances in a manner
consistent with existing procedures and requirements, except that no
person shall be provided with access to classified information under
this section who would not otherwise qualify for such security
clearance.
SEC. 8. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 1 year after the date of the
first meeting of the Commission, the Commission shall submit to the
President and Congress an initial report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(b) Final Report.--Not later than 6 months after the submission of
the initial report of the Commission, the Commission shall submit to
the President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out this Act $3,000,000, to remain available until expended or the
Commission is terminated. | Establishes the National Commission on Presidential War Powers and Civil Liberties to investigate, and report to the President and Congress on, the broad range of executive branch national security policies undertaken since the terrorist attacks of September 11, 2001, including: (1) detention by the Armed Forces and the intelligence community; (2) the use by such entities of enhanced interrogation techniques or techniques not authorized by the Uniform Code of Military Justice; (3) "ghosting" or other policies intended to conceal an individual's capture or detention; (4) extraordinary rendition; (5) domestic warrantless electronic surveillance; (6) targeted killings away from conventional battlefields; and (7) the use of state secrets or other litigation tactics or privileges to avoid judicial review of national security actions. | {"src": "billsum_train", "title": "To establish a national commission on presidential war powers and civil liberties."} | 2,879 | 158 | 0.653595 | 1.939747 | 0.877619 | 4.241611 | 17.657718 | 0.966443 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Gun Trafficking Act of 1995''.
SEC. 2. MULTIPLE HANDGUN TRANSFER PROHIBITION.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(y)(1)(A)(i) It shall be unlawful for any licensed importer,
licensed manufacturer, or licensed dealer--
``(I) during any 30-day period, to transfer 2 or more
handguns to an individual who is not licensed under section
923; or
``(II) to transfer a handgun to an individual who is not
licensed under section 923 and who received a handgun during
the 30-day period ending on the date of the transfer.
``(ii) It shall be unlawful for any individual who is not licensed
under section 923 to receive 2 or more handguns during any 30-day
period.
``(iii) It shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to transfer a handgun to an individual
who is not licensed under section 923, unless, after the most recent
proposal of the transfer by the individual, the transferor has--
``(I) received from the individual a statement of the
individual containing the information described in paragraph
(3);
``(II) verified the identification of the individual by
examining the identification document presented; and
``(III) within 1 day after the individual furnishes the
statement, provided a copy of the statement to the chief law
enforcement officer of the place of residence of the
individual.
``(B) Subparagraph (A) shall not apply to the transfer of a handgun
to, or the receipt of a handgun by, an individual who has presented to
the transferor a written statement, issued by the chief law enforcement
officer of the place of residence of the individual during the 10-day
period ending on the date of the transfer or receipt, which states that
the individual requires access to a handgun because of a threat to the
life of the individual or of any member of the household of the
individual.
``(2) Paragraph (1) shall not be interpreted to require any action
by a chief law enforcement officer which is not otherwise required.
``(3) The statement referred to in paragraph (1)(A)(iii)(I) shall
contain only--
``(A) the name, address, and date of birth appearing on a
valid identification document (as defined in section
1028(d)(1)) of the individual containing a photograph of the
individual and a description of the identification used;
``(B) a statement that the individual--
``(i) is not under indictment for, and has not been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding one year;
``(ii) is not a fugitive from justice;
``(iii) is not an unlawful user of or addicted to
any controlled substance (as defined in section 102 of
the Controlled Substances Act);
``(iv) has not been adjudicated as a mental
defective or been committed to a mental institution;
``(v) is not an alien who is illegally or
unlawfully in the United States;
``(vi) has not been discharged from the Armed
Forces under dishonorable conditions;
``(vii) is not a person who, having been a citizen
of the United States, has renounced such citizenship;
``(viii) has not received a handgun during the 30-
day period ending on the date of the statement; and
``(ix) is not subject to a court order that--
``(I) restrains the individual from
harassing, stalking, or threatening an intimate
partner of the individual or child of such
intimate partner or of the individual, or
engaging in other conduct that would
place an intimate partner in reasonable fear
of bodily injury to the partner or child;
``(II) was issued after a hearing of which
the individual received actual notice, and at
which the individual had the opportunity to
participate; and
``(III)(aa) includes a finding that the
individual represents a credible threat to the
physical safety of such intimate partner or
child; or
``(bb) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury;
``(C) the date the statement is made; and
``(D) notice that the individual intends to obtain a
handgun from the transferor.
``(4) Any transferor of a handgun who, after the transfer, receives
a report from a chief law enforcement officer containing information
that receipt or possession of the handgun by the transferee violates
Federal, State, or local law shall immediately communicate all
information the transferor has about the transfer and the transferee
to--
``(A) the chief law enforcement officer of the place of
business of the transferor; and
``(B) the chief law enforcement officer of the place of
residence of the transferee.
``(5) Any transferor who receives information, not otherwise
available to the public, with respect to an individual in a report
under this subsection shall not disclose such information except to the
individual, to law enforcement authorities, or pursuant to the
direction of a court of law.
``(6) In the case of a handgun transfer to which paragraph (1)(A)
applies--
``(A) the transferor shall retain--
``(i) the copy of the statement of the transferee
with respect to the transfer; and
``(ii) evidence that the transferor has complied
with paragraph (1)(A)(iii)(III) with respect to the
statement; and
``(B) the chief law enforcement officer to whom a copy of a
statement is sent pursuant to paragraph (1)(A)(iii)(III) shall
retain the copy for at least 30 calendar days after the date
the statement was made.
``(7) For purposes of this subsection, the term `chief law
enforcement officer' means the chief of police, the sheriff, or an
equivalent officer, or the designee of any such individual.
``(8) This subsection shall not apply to the sale of a firearm in
the circumstances described in subsection (c).
``(9) The Secretary shall take necessary actions to assure that the
provisions of this subsection are published and disseminated to dealers
and to the public.''.
(b) Penalty.--Section 924(a) of such title is amended by
redesignating the 2nd paragraph (5) as paragraph (6) and by adding at
the end the following:
``(7) Whoever knowingly violates section 922(y) shall be fined not
more than $5,000, imprisoned for not more than 1 year, or both.''.
(c) Effective Date.--The amendments made by this Act shall apply to
conduct engaged in 90 or more days after the date of the enactment of
this Act. | Anti-Gun Trafficking Act of 1995 - Amends the Federal criminal code to prohibit any licensed firearms importer, manufacturer, or dealer from transferring: (1) two or more handguns to an unlicensed individual during any 30-day period; or (2) a handgun to an unlicensed individual who received a handgun during the 30-day period ending on the date of the transfer.
Bars any unlicensed individual from receiving two or more handguns during any 30-day period.
Prohibits any licensed importer, manufacturer, or dealer from transferring a handgun to an unlicensed individual unless the seller has: (1) received from the individual a statement containing specified information, including the individual's name, address, and date of birth appearing on a valid identification document containing a photograph and a statement that the individual is not a fugitive; (2) verified the individual's identification by examining the identification document; and (3) within one day after the individual furnishes the statement, provided a copy of the statement to the chief law enforcement officer of the individual's place of residence.
Makes such provisions inapplicable to the transfer of a handgun to, or the receipt of a handgun by, an individual who has presented to the seller a written statement, issued by the chief law enforcement officer during the ten-day period ending on the date of the transfer or receipt, that the individual requires access to a handgun because of a threat to the life of such individual or of any member of such individual's household.
Requires any seller of a handgun who, after the transfer, receives a report from a chief law enforcement officer that receipt or possession of the handgun by the transferee violates Federal, State, or local law to immediately communicate all information the seller has about the transfer and the buyer to the chief law enforcement officers of the place of business of the seller and of the place of residence of the buyer.
Sets forth provisions regarding: (1) confidentiality of information; (2) recordkeeping; and (3) penalties for violation of this Act. | {"src": "billsum_train", "title": "Anti-Gun Trafficking Act of 1995"} | 1,588 | 453 | 0.712726 | 2.132453 | 0.843728 | 5.321696 | 3.683292 | 0.897756 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Passenger Bill of Rights Act
of 2007''.
SEC. 2. AIR CARRIER PASSENGER SERVICES.
(a) In General.--Chapter 417 of title 49, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--AIR CARRIER PASSENGER SERVICES
``Sec. 41781. Definitions
``In this subchapter, the following definitions apply:
``(1) Air transportation.--The term `air transportation'
includes intrastate air transportation.
``(2) Covered air carrier.--The term `covered air carrier'
means an air carrier holding a certificate issued under section
41102 that conducts scheduled passenger air transportation.
``Sec. 41782. Standards for air carrier passenger services
``(a) Passenger Complaints.--A covered air carrier shall establish
and implement procedures for handling complaints from passengers of the
air carrier.
``(b) Diversions, Delays, and Cancellations.--
``(1) Notification of passengers.--A covered air carrier
shall provide customers at an airport and on board an aircraft,
in a timely, reasonable, and truthful manner, the best
information available to the air carrier regarding a delay,
cancellation, or diversion affecting the customers' flight,
including--
``(A) the cause of the delay, cancellation, or
diversion; and
``(B) for a delayed flight, the air carrier's best
estimate of departure time.
``(2) Methods for notification.--In complying with this
subsection, a covered air carrier shall use airport overhead
announcements, on aircraft announcements, and postings on
airport television monitors.
``(c) Departure and Arrival Delays.--
``(1) Right of passengers to exit an aircraft.--Subject to
paragraph (2), a covered air carrier operating an aircraft in a
flight in air transportation shall establish and implement
procedures to allow passengers to exit the aircraft in the case
of a departure or arrival delay which would otherwise require
passengers to remain on the aircraft on the ground prior to
departure or arrival for a period exceeding 3 hours.
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply--
``(i) if the pilot of such flight
reasonable determines that such flight will
depart or arrive not later than 30 minutes
after the 3-hour delay; or
``(ii) if the pilot of such flight
reasonable determines that permitting a
passenger to deplane would jeopardize passenger
safety or security.
``(B) Extension of 30-minute period.--A pilot may
extend the 30-minute period referred to in subparagraph
(A)(i) by not more than an additional 30 minutes in the
case of an unanticipated extension of the delay.
``(3) Essential services.--A covered air carrier operating
an aircraft in air transportation shall provide for the
essential needs of passengers at all times during which the
aircraft is on the ground in the event of a departure or
arrival delay, including the needs of passengers for food,
water meeting the standards of the Safe Drinking Water Act or
the Federal Food, Drug, and Cosmetic Act, as appropriate,
sanitary facilities, medical access, adequate ventilation, and
comfortable cabin temperatures.
``(d) Chronically Delayed Flights.--
``(1) Publication of list of flights.--A covered air
carrier shall publish and update monthly on the Internet
website of the air carrier a list of chronically delayed
flights operated by the air carrier.
``(2) Disclosure to customers when purchasing tickets.--
Regardless of the method used by a consumer to contact a
covered air carrier, the air carrier shall disclose, without
being requested, the on-time performance for a chronically
delayed flight of the air carrier whenever a customer makes a
reservation or purchases a ticket on such a flight.
``(3) Chronically delayed flight defined.--In this
subsection, the term `chronically delayed flight' means a
regularly scheduled flight in air transportation that has
failed to arrive within 30 minutes of the scheduled arrival
time of the flight at least 40 percent of the time during the
most recent 3-month period for which data is available.
``(e) Fares, Schedules, and Itineraries.--
``(1) Publication of information.--A covered air carrier
shall publish lowest fare information, and information on
schedules and itineraries, with respect to regularly scheduled
flights of the air carrier in air transportation.
``(2) Availability of information.--Information to be
published under paragraph (1) shall be updated in a timely
manner and shall be made available to the public on the
Internet website of the air carrier.
``(f) Baggage.--If a passenger of a covered air carrier submits a
claim to the air carrier for lost baggage, the air carrier shall make
every reasonable effort to return the baggage to the passenger within
24 hours.
``(g) Passenger Rights Notification.--A covered air carrier shall
prominently display for passengers of the air carrier information
outlining the consumer rights of the passengers, including the rights
specified in this section.
``(h) Contract of Carriage.--Each covered air carrier shall
incorporate the consumer rights specified in this section into the
contract of carriage of the air carrier.
``Sec. 41783. Procedures for departure delays
``(a) Procedures to Permit Pilots to Return to Airport Terminals.--
The Secretary of Transportation shall work in coordination with air
carriers to ensure that a pilot operating an aircraft in a flight in
air transportation that is affected by a long departure delay is
permitted to return the aircraft to the airport terminal to allow
passengers to exit the aircraft without losing the position of the
flight in the departure sequence.
``(b) Contingency Plans for Weather Emergencies.--
``(1) Coordination of plans.--The Secretary shall review
the emergency contingency plans of air carriers and airports to
ensure that the plans will effectively address weather
emergencies in a coordinated manner.
``(2) Meeting.--In carrying out this subsection, the
Secretary shall convene a meeting of representatives of air
carriers, airports, and the Federal Aviation Administration to
develop procedures to better respond to weather emergencies
resulting in long departure delays.''.
(b) Conforming Amendment.--The analysis for chapter 417 of title
49, United States Code, is amended by adding at the end the following:
``subchapter iv--air carrier passenger services
``41781. Definitions.
``41782. Standards for air carrier passenger services.
``41783. Procedures for departure delays.''.
(c) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall issue
final regulations to carry out section 41782 of title 49, United States
Code, as added by subsection (a) of this section. The regulations shall
require covered air carriers to comply with the requirements of such
section 41782 not later than one year after such date of enactment.
SEC. 3. DIVERTED FLIGHTS.
(a) Study.--The Secretary of Transportation shall conduct a study
of the ability of air carriers to provide for the essential needs of
passengers, including adequate food and water, in cases in which a
flight of the air carrier is diverted for an unscheduled landing at an
airport due to a weather situation or other emergency
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study, including methods for ensuring that
the essential needs of passengers are met in the case of a diverted
flight described in subsection (a). | Airline Passenger Bill of Rights Act of 2007 - Requires a covered airline to: (1) establish procedures for handling passenger complaints; (2) provide customers at the airport and aboard an aircraft with information regarding delay, cancellation, or diversion; (3) establish procedures to allow passengers to exit the aircraft in the case of a departure or arrival delay which would require passengers to remain on a grounded aircraft for more than three hours, with specified exceptions; (4) provide passengers on a departure- or arrival-delayed grounded aircraft with essential ventilation, food, water, sanitary, and medical services; (5) publish a monthly list of its chronically delayed flights and provide such information upon ticket purchase; (6) publish and update lowest fare and schedule information; and (7) make every reasonable effort to return lost baggage within 24 hours.
Directs the Secretary of Transportation to: (1) review airline and airport emergency contingency plans for bad weather; (2) work with air carriers to ensure that a pilot operating a (long) departure delayed-flight is permitted to return the aircraft to the terminal to allow passengers to exit the aircraft without losing the flight's departure sequence position; and (3) conduct a study of the ability of air carriers to provide for passengers' essential needs in cases of diverted flights. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to improve air carrier passenger services."} | 1,735 | 271 | 0.593103 | 1.614822 | 0.813872 | 3.267442 | 6.077519 | 0.934109 |
SECTION 1. ESTABLISHMENT OF BIPARTISAN COMMISSION ON THE FUTURE OF
MEDICARE.
There is established a commission to be known as the Bipartisan
Commission on the Future of Medicare (hereinafter in this Act referred
to as the ``Commission'').
SEC. 2. DUTIES.
(a) Findings.--The Commission shall make specific findings
regarding each of the following:
(1) Patterns of spending under the medicare program under
title XVIII of the Social Security Act.
(2) The long-term solvency of the Federal Hospital
Insurance Trust Fund under section 1817 of the Social Security
Act and the Federal Supplementary Medical Insurance Trust Fund
under section 1841 of such Act.
(3) The feasibility and desirability of expanding the
choices available to medicare beneficiaries in the methods
through which medicare benefits are provided, including
providing benefits through managed care arrangements and
through coordination with employer-sponsored or other private
health benefit plans.
(4) The extent to which the solvency of the trust funds
described in paragraph (2) is endangered by waste, fraud, and
abuse under the medicare program.
(5) The quality of services provided under the medicare
program.
(6) The effectiveness of the existing structure and
administration of the medicare program.
(b) Recommendations.--The Commission shall make specific
recommendations to the Congress regarding its findings under subsection
(a).
SEC. 3. MEMBERSHIP.
(a) Appointment.--
(1) In general.--The Commission shall be composed of 15
members appointed as follows:
(A) The President shall appoint 5 members, of whom
not more than 3 may be of the same political party and
at least one shall be under 35 years of age at the time
of appointment.
(B) The majority leader of the Senate shall
appoint, after consultation with the minority leader of
the Senate, 5 members of the Senate, of whom not more
than 3 may be of the same political party and at least
one shall be under 35 years of age at the time of
appointment.
(C) The Speaker of the House of Representatives
shall appoint, after consultation with the minority
leader of the House of Representatives, 5 members of
the House, of whom not more than 3 may be of the same
political party and at least one shall be under 35
years of age at the time of appointment.
(2) Deadline for appointment.--The members of the
Commission shall be appointed not later than 30 days after the
date of the enactment of this Act.
(b) Chairman.--As the first item of business at the first meeting
of the Commission, the members of the Commission shall elect a chairman
of the Commission from among its members.
(c) Vacancies.--Any vacancy in the membership of the Commission
shall be filled in the manner in which the original appointment was
made and shall not affect the power of the remaining members to execute
the duties of the Commission.
(d) Quorum.--A quorum shall consist of 8 members of the Commission,
except that 4 members may conduct a hearing under section 5(a).
(e) Meetings.--The Commission shall meet at the call of its
chairman or a majority of its members.
(f) Compensation and Reimbursement of Expenses.--Members of the
Commission are not entitled to receive compensation for service on the
Commission. Members may be reimbursed for travel, subsistence, and
other necessary expenses incurred in carrying out the duties of the
Commission.
SEC. 4. STAFF AND CONSULTANTS.
(a) Staff.--The Commission may appoint and determine the
compensation of such staff as may be necessary to carry out the duties
of the Commission. Such appointments and compensation may be made
without regard to the provisions of title 5, United States Code, that
govern appointments in the competitive services, and the provisions of
chapter 51 and subchapter III of chapter 53 of such title that relate
to classifications and the General Schedule pay rates.
(b) Consultants.--The Commission may procure such temporary and
intermittent services of consultants under section 3109(b) of title 5,
United States Code, as the Commission determines to be necessary to
carry out the duties of the Commission.
SEC. 5. POWERS.
(a) Hearings and Other Activities.--For the purpose of carrying out
its duties, the Commission may hold such hearings and undertake such
other activities as the Commission determines to be necessary to carry
out its duties.
(b) Studies by General Accounting Office.--Upon the request of the
Commission, the Comptroller General shall conduct such studies or
investigations as the Commission determines to be necessary to carry
out its duties.
(c) Cost Estimates by Congressional Budget Office.--
(1) In general.--Upon the request of the Commission, the
Director of the Congressional Budget Office shall provide to
the Commission such cost estimates as the Commission determines
to be necessary to carry out its duties.
(2) Reimbursement.--The Commission shall reimburse the
Director of the Congressional Budget Office for expenses
relating to the employment in the office of the Director of
such additional staff as may be necessary for the Director to
comply with requests by the Commission under paragraph (1).
(d) Detail of Federal Employees.--Upon the request of the
Commission, the head of any Federal agency is authorized to detail,
without reimbursement, any of the personnel of such agency to the
Commission to assist the Commission in carrying out its duties. Any
such detail shall not interrupt or otherwise affect the civil service
status or privileges of the Federal employee.
(e) Technical Assistance.--Upon the request of the Commission, the
head of a Federal agency shall provide such technical assistance to the
Commission as the Commission determines to be necessary to carry out
its duties.
(f) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as Federal agencies,
and shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
(g) Obtaining Information.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry out its
duties, if the information may be disclosed under section 552 of title
5, United States Code. Upon request of the Chairman of the Commission,
the head of such agency shall furnish such information to the
Commission.
(h) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support services
as the Commission may request.
(i) Acceptance of Donations.--The Commission may accept, use, and
dispose of gifts or donations of services or property.
(j) Printing.--For purposes of costs relating to printing and
binding, including the costs of personnel detailed from the Government
Printing Office, the Commission shall be deemed to be a committee of
the Congress.
SEC. 6. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Commission shall submit to Congress a report containing its
findings and recommendations under section 2, and shall include in the
report recommendations for appropriate legislative initiatives to carry
out its recommendations.
SEC. 7. TERMINATION.
The Commission shall terminate 30 days after the date of submission
of the report required in section 6. | Establishes the Bipartisan Commission on the Future of Medicare to make findings and recommendations to the Congress concerning specified aspects of the Medicare program. | {"src": "billsum_train", "title": "To establish the Bipartisan Commission on the Future of Medicare to make findings and issue recommendations on the future of the Medicare program."} | 1,583 | 29 | 0.522402 | 1.215077 | 0.873318 | 3.4 | 59.24 | 0.84 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``September 11 Family Humanitarian
Relief and Patriotism Act''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF
TERRORISM.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Secretary of Homeland
Security to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment not later than 2
years after the date on which the Secretary promulgates
final regulations to implement this section; and
(B) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) shall not apply.
(2) Rules in applying certain provisions.--In the case of
an alien described in subsection (b) who is applying for
adjustment of status under this section--
(A) the provisions of section 241(a)(5) of the
Immigration and Nationality Act shall not apply; and
(B) the Secretary of Homeland Security may grant
the alien a waiver of the grounds of inadmissibility
under subparagraphs (A) and (C) of section 212(a)(9) of
such Act.
In granting waivers under subparagraph (B), the Secretary shall
use standards used in granting consent under subparagraphs
(A)(iii) and (C)(ii) of such section 212(a)(9).
(3) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) may,
notwithstanding such order, apply for adjustment of status
under paragraph (1). Such an alien may not be required, as a
condition of submitting or granting such application, to file a
separate motion to reopen, reconsider, or vacate such order. If
the Secretary of Homeland Security grants the application, the
Secretary shall cancel the order. If the Secretary renders a
final administrative decision to deny the application, the
order shall be effective and enforceable to the same extent as
if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
September 10, 2001;
(2) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) on such date; and
(B) died as a direct result of a specified
terrorist activity; and
(3) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (42 U.S.C.
40101).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary of Homeland Security and the
Attorney General shall provide by regulation for an alien
subject to a final order of removal to seek a stay of such
order based on the filing of an application under subsection
(a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), the Attorney General shall not order any alien to be
removed from the United States, if the alien is in removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the
Secretary has rendered a final administrative determination to
deny the application.
(3) Work authorization.--The Secretary of Homeland Security
shall authorize an alien who has applied for adjustment of
status under subsection (a) to engage in employment in the
United States during the pendency of such application.
(d) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
SEC. 3. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF
TERRORISM.
(a) In General.--Subject to the provisions of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), other than subsections (b)(1),
(d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b), the
Attorney General shall, under such section 240A, cancel the removal of,
and adjust to the status of an alien lawfully admitted for permanent
residence, an alien described in subsection (b), if the alien applies
for such relief.
(b) Aliens Eligible for Cancellation of Removal.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was, on September 10, 2001, the spouse, child,
dependent son, or dependent daughter of an alien who died as a
direct result of a specified terrorist activity; and
(2) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary of Homeland Security and the
Attorney General shall provide by regulation for an alien
subject to a final order of removal to seek a stay of such
order based on the filing of an application under subsection
(a).
(2) Work authorization.--The Secretary of Homeland Security
shall authorize an alien who has applied for cancellation of
removal under subsection (a) to engage in employment in the
United States during the pendency of such application.
(d) Motions To Reopen Removal Proceedings.--Notwithstanding any
limitation imposed by law on motions to reopen removal proceedings
(except limitations premised on an alien's conviction of an aggravated
felony (as defined in section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43))), any alien who has become
eligible for cancellation of removal as a result of the enactment of
this section may file one motion to reopen removal proceedings to apply
for such relief. The Secretary of Homeland Security and the Attorney
General shall designate a specific time period in which all such
motions to reopen are required to be filed. The period shall begin not
later than 60 days after the date of the enactment of this Act and
shall extend for a period not to exceed 240 days.
SEC. 4. EXCEPTIONS.
Notwithstanding any other provision of this Act, an alien may not
be provided relief under this Act if the alien is--
(1) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), or deportable under paragraph (2) or (4) of section
237(a) of such Act (8 U.S.C. 1227(a)), including any individual
culpable for a specified terrorist activity; or
(2) a member of the family of an alien described in
paragraph (1).
SEC. 5. EVIDENCE OF DEATH.
For purposes of this Act, the Secretary of Homeland Security and
the Attorney General shall use the standards established under section
426 of the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT)
Act of 2001 in determining whether death occurred as a direct result of
a specified terrorist activity.
SEC. 6. DEFINITIONS.
(a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
used in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
(excluding the definitions applicable exclusively to title III of such
Act) shall apply in the administration of this Act.
(b) Specified Terrorist Activity.--For purposes of this Act, the
term ``specified terrorist activity'' means any terrorist activity
conducted against the Government or the people of the United States on
September 11, 2001. | September 11 Family Humanitarian Relief and Patriotism Act - (Sec. 2) Provides permanent resident status adjustment for an applicant alien who was: (1) lawfully present in the United States on September 10, 2001, and on such date was the spouse, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States; and (2) deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001.
Waives specified grounds of inadmissibility. Provides for: (1) stay of removal; (2) work authorization; and (3) availability of administrative review.
Requires that applications be filed within two years after the Secretary of Homeland Security promulgates final implementing regulations.
Authorizes an alien who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States to apply for such status adjustment. Prohibits such alien from being required to file a separate motion to reopen exclusion, deportation, or removal proceedings.
(Sec. 3) Provides cancellation of removal and permanent resident status adjustment for an applicant alien who was: (1) on September 10, 2001, the spouse, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States; and (2) deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001.
Provides for: (1) stay of removal; (2) work authorization; and (3) authority to file one motion to reopen exclusion, deportation or removal proceedings in order to apply for such relief.
(Sec. 4) Makes the provisions of this Act inapplicable to an alien who is: (1) inadmissible or deportable under criminal or security grounds, including September 11, 2001, terrorist activity; or (2) a family member of such an alien.
(Sec. 5) Directs the Secretary and the Attorney General to use the standards established under the USA PATRIOT Act of 2001 in determining whether death occurred as a direct result of the September 11, 2001, terrorist attacks against the United States.
(Sec. 6) Defines terms. | {"src": "billsum_train", "title": "To provide the nonimmigrant spouses and children of nonimmigrant aliens who perished in the September 11 terrorist attacks an opportunity to adjust their status to that of an alien lawfully admitted for permanent residence, and for other purposes."} | 2,006 | 495 | 0.668879 | 2.178031 | 0.729137 | 3.71236 | 3.896629 | 0.907865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Product Safety Notification and
Recall Effectiveness Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Consumer Product Safety Commission conducts
approximately 300 recalls of hazardous, dangerous, and
defective consumer products each year.
(2) In developing comprehensive corrective action plans
with recalling companies, the Consumer Product Safety
Commission staff greatly relies upon the media and retailers to
alert consumers to the dangers of unsafe consumer products,
because the manufacturers do not generally possess contact
information regarding the purchasing consumers. Based upon
information received from companies maintaining customer
registration lists, such contact information is known for
generally less than 7 percent of the total consumer products
produced and distributed.
(3) The Consumer Product Safety Commission staff has found
that most consumers do not return purchaser identification
cards because of requests for marketing and personal
information on the cards, and the likelihood of receiving
unsolicited marketing materials.
(4) The Consumer Product Safety Commission staff has
conducted research demonstrating that direct consumer contact
is one of the most effective ways of motivating consumer
response to a consumer product recall.
(5) Companies that maintain consumer product purchase data,
such as product registration cards, warranty cards, and rebate
cards, are able to effectively notify consumers of a consumer
product recall.
(6) The Consumer Product Safety Commission staff has found
that a consumer product safety owner card, without marketing
questions or requests for personal information, that
accompanied products such as small household appliances and
juvenile products would increase consumer participation and
information necessary for direct notification in consumer
product recalls.
(7) The National Highway Traffic Safety Administration has,
since March 1993, required similar simplified, marketing-free
product registration cards on child safety seats used in motor
vehicles. The National Highway Traffic Safety Administration
has found this requirement has increased recall compliance
rates.
(b) Purpose.--The purpose of this Act is to reduce the number of
deaths and injuries from defective and hazardous consumer products
through improved recall effectiveness, by--
(1) requiring the Consumer Product Safety Commission to
promulgate a rule to require manufacturers of juvenile
products, small household appliances, and certain other
consumer products, to include a simplified product safety owner
card with those consumer products at the time of original
purchase by consumers, or develop effective electronic
registration of the first purchasers of such products, to
develop a customer database for the purpose of notifying
consumers about recalls of those products; and
(2) encouraging manufacturers, private labelers, retailers,
and others to use creativity and innovation to create and
maintain effective methods of notifying consumers in the event
of a consumer product recall.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Terms defined in consumer product safety act.--The
definitions set forth in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052) shall apply to this Act.
(2) Covered consumer product.--The term ``covered consumer
product'' means--
(A) a juvenile product;
(B) a small household appliance; and
(C) such other consumer product as the Commission
considers appropriate for achieving the purpose of this
Act.
(3) Juvenile product.--The term ``juvenile product''--
(A) means a consumer product intended for use, or
that may be reasonably expected to be used, by children
under the age of 5 years; and
(B) includes, among other items--
(i) full-size cribs and nonfull-size cribs;
(ii) toddler beds;
(iii) high chairs, booster chairs, and
hook-on chairs;
(iv) bath seats;
(v) gates and other enclosures for
confining a child;
(vi) playpens;
(vii) stationary activity centers;
(viii) strollers;
(ix) walkers;
(x) swings;
(xi) child carriers;
(xii) bassinets and cradles; and
(xiii) children's toys.
(4) Product safety owner card.--The term ``product safety
owner card'' means a standardized product identification card
supplied with a consumer product by the manufacturer of the
product, at the time of original purchase by the first
purchaser of such product for purposes other than resale, that
only requests that the consumer of such product provide to the
manufacturer a minimal level of personal information needed to
enable the manufacturer to contact the consumer in the event of
a recall of the product.
(5) Small household appliance.--The term ``small household
appliance'' means a consumer product that is a toaster, toaster
oven, blender, food processor, coffee maker, or other similar
small appliance as provided for in the rule promulgated by the
Consumer Product Safety Commission.
SEC. 4. RULE REQUIRING SYSTEM TO PROVIDE NOTICE OF RECALLS OF CERTAIN
CONSUMER PRODUCTS.
(a) In General.--The Commission shall promulgate a rule under
section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b))
that requires that the manufacturer of a covered consumer product shall
establish and maintain a system for providing notification of recalls
of such product to consumers of such product.
(b) Requirement To Create Database.--
(1) In general.--The rule shall require that the system
include use of product safety owner cards, Internet
registration, or an alternative method, to create a database of
information regarding consumers of covered consumer products,
for the sole purpose of notifying such consumers of recalls of
such products.
(2) Use of technology.--Alternative methods specified in
the rule may include use of on-line product registration and
consumer notification, consumer information data bases,
electronic tagging and bar codes, embedded computer chips in
consumer products, or other electronic and design strategies to
notify consumers about product recalls, that the Commission
determines will increase the effectiveness of recalls of
covered consumer products.
(c) Use of Commission Staff Proposal.--In promulgating the rule,
the Commission shall consider the staff draft for an Advanced Notice of
Proposed Rulemaking entitled ``Purchaser Owner Card Program'', dated
June 19, 2001.
(d) Exclusion of Low-Price Items.--The Commission shall have the
authority to exclude certain low-cost items from the rule for good
cause.
(e) Deadlines.--
(1) In general.--The Commission--
(A) shall issue a proposed rule under this section
by not later than 90 days after the date of enactment
of this Act; and
(B) shall promulgate a final rule under this
section by not later than 270 days after the date of
enactment of this Act.
(2) Extension.--The Commission may extend the deadline
described in paragraph (1) if the Commission provides timely
notice to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. | Product Safety Notification and Recall Effectiveness Act of 2003 - Directs the Consumer Product Safety Commission to promulgate a rule requiring: (1) manufacturers of juvenile products, small household appliances, and certain other consumer products to establish and maintain a system for providing notification to consumers of recalls of such products; and (2) that the notification system include use of product safety owner cards, Internet registration, or an alternative method, to create a database of information regarding consumers of covered consumer products, for the sole purpose of product recall notification. | {"src": "billsum_train", "title": "A bill to direct the Consumer Product Safety Commission to promulgate a rule that requires manufacturers of certain consumer products to establish and maintain a system for providing notification of recalls of such products to consumers who first purchase such a product."} | 1,516 | 111 | 0.643535 | 1.663712 | 1.090355 | 6.009804 | 13.980392 | 0.990196 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Positive Behavior for Effective
Schools Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Educators, parents, and the general public cite a lack
of discipline as a leading challenge facing many public
schools.
(2) Negative and reactive school management practices, such
as metal detectors or surveillance cameras, and zero tolerance
or other get-tough approaches to school discipline, are
ineffective and often counterproductive.
(3) Learning is linked to student behavior. Successful
schools implement high academic and behavior standards, where
improvements in student behavior and school climate are
correlated with improved academic outcomes.
(4) Effective implementation of positive behavior supports
is linked to greater academic achievement, significantly fewer
disciplinary problems, lower suspension and expulsion rates,
and increased time for instruction.
(5) Evidence-based and scientifically valid practices for
improving behavior and creating a school climate more conducive
to learning have not been widely adopted, accurately
implemented, or sustained.
(6) Early intervening services are an effective strategy
for instructional support. Following implementation of positive
behavior support, out-of-school suspensions at an elementary
school in Illinois decreased 85 percent, from 243 to 37 or
fewer in 2 subsequent years, with a resultant gain of 386 days
of instructional time. The percentage of students meeting or
exceeding proficiency on State standards increased measurably.
(7) Problem behaviors can be minimized with effective
positive behavior support, including active supervision,
positive feedback, and social skills instruction, which reduce
the need for more intensive and more costly interventions. Upon
implementing such supports, an elementary school in Maryland
witnessed a decrease in office discipline referrals for major
rule violations by 42 percent, recouping 119 days of
instructional time for students, and 40 days of administrator
time, within 1 school year.
(8) Schools that implement school-wide positive behavior
supports are perceived by teachers to be safer teaching
environments. In South Carolina, a school using a system of
positive behavior supports found that teacher transfer requests
declined by 100 percent and teacher absence days decreased by
36 percent.
(9) When approaches such as positive behavior support are
paired with effective interventions and services for students
with significant needs, all students, including those with the
most challenging behaviors, can succeed.
(b) Purposes.--The purposes of this Act are to expand the use of
positive behavior supports and other early intervening services in
schools in order to systematically create a school climate that is
highly conducive to learning, to reduce discipline referrals, and to
improve student academic outcomes.
SEC. 3. DEFINITION OF POSITIVE BEHAVIOR SUPPORT.
In this Act, the term ``positive behavior support'' means a
systematic approach to embed proven practices for early intervening
services, including a range of systemic and individualized strategies
to reinforce desired behaviors and eliminate reinforcement for problem
behaviors, in order to achieve important social outcomes and increase
student learning, while preventing problem behaviors.
SEC. 4. SCHOOLWIDE POSITIVE BEHAVIOR SUPPORT.
(a) Flexibility To Use Title I Funds To Implement School-Wide
Positive Behavior Support.--
(1) In general.--Section 1003(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is
amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' before ``Of the amount'';
and
(C) by adding at the end the following:
``(2) Of the amount reserved under subsection (a) for any fiscal
year, the State educational agency may allocate funds to develop and
implement coordinated, early intervening services (including school-
wide positive behavior supports) for all students, including those who
have not been identified as needing special education but who need
additional academic and behavioral support to succeed in a general
education environment. Funds so allocated shall be--
``(A) aligned with funds authorized under section 613(f) of
the Individuals with Disabilities Education Act; and
``(B) used to supplement, and not supplant, funds made
available under such Act for such activities and services.''.
(2) Technical assistance.--The Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
(A) in section 1116(b)(4)(B)--
(i) by redesignating clauses (iii) and (iv)
as clauses (iv) and (v), respectively; and
(ii) by inserting after clause (ii) the
following:
``(iii) shall include assistance in
implementation of school-wide positive behavior
supports and other approaches with evidence of
effectiveness for improving the learning
environment in the school;'';
(B) in section 1117(a)(3), by inserting ``any
technical assistance center on schoolwide positive
behavior supports funded under section 665(b) of the
Individuals with Disabilities Education Act,'' after
``2002),''; and
(C) in section 1117(a)(5)(B)--
(i) by redesignating clauses (iii) and (iv)
as clauses (iv) and (v), respectively; and
(ii) by inserting after clause (ii) the
following:
``(iii) review the number of discipline
referrals in the school and the overall school
climate and engagement of families, and use
that information to assist the school to
implement school-wide positive behavior
supports or other early intervening services,
or both;''.
(b) LEA Flexibility To Improve School Climate.--Section
1114(b)(1)(B)(iii)(I) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6314(b)(1)(B)(iii)(I)) is amended--
(1) by redesignating items (bb) and (cc) as items (cc) and
(dd), respectively; and
(2) by inserting after item (aa) the following:
``(bb) improving the
learning environment in the
school, including the
implementation of school-wide
positive behavioral supports,
in order to improve academic
outcomes for students;''.
SEC. 5. TEACHER AND PRINCIPAL PREPARATION TO IMPROVE SCHOOL CLIMATE.
Section 2122(c)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6622(c)(2)) is amended--
(1) by striking ``subject matter knowledge and teaching
skills'' and inserting ``subject matter knowledge, teaching
skills, and an understanding of social or emotional, or both,
learning in children and approaches that improve the school
climate for learning (such as positive behavior support)''; and
(2) by inserting ``to improve the teachers' schools'
climate for learning'' after ``instructional leadership skills
to help teachers''.
SEC. 6. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES.
Section 4002 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7102) is amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(2) by striking all that precedes paragraph (2) and
inserting the following: ``The purpose of this part is to
support programs that improve the whole school climate in order
to foster learning, including programs that prevent discipline
problems, that prevent violence in and around schools, that
prevent the illegal use of alcohol, tobacco, and drugs, that
involve parents and communities in the school programs and
activities, and that are coordinated with related Federal,
State, school, and community efforts and resources to foster a
safe and drug-free learning environment that supports student
academic achievement, through the provision of Federal
assistance to--
``(1) States for grants to local educational agencies and
consortia of such agencies to establish, operate, and improve
local programs relating to improving the school-wide climate
(including implementation of positive behavior supports and
other programs);''.
SEC. 7. EARLY INTERVENING SERVICES UNDER SCHOOL COUNSELORS PROGRAM.
Section 5421(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7245(b)(2)) is amended--
(1) by redesignating subparagraphs (C) through (H) as
subparagraphs (D) through (I), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) describe how the local educational agency
will address the need for early intervening services
that improve the school climate for learning, such as
through schoolwide positive behavior supports;''.
SEC. 8. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.
The Department of Education Organization Act (20 U.S.C. 3401 et
seq.) is amended by adding at the end of title II the following:
``SEC. 221. OFFICE OF SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES.
``(a) In General.--There shall be, within the Office of the Deputy
Secretary in the Department of Education, an Office of Specialized
Instructional Support Services (referred to in this section as the
`Office').
``(b) Purpose.--The purpose of the Office shall be to administer,
coordinate, implement, and ensure adequate evaluation of the
effectiveness of programs and activities concerned with providing
specialized instructional support services in schools, delivered by
trained, qualified specialized instructional support personnel.
``(c) Director.--The Office established under subsection (a) shall
be headed by a Director who shall be selected by the Secretary and
report directly to the Deputy Secretary of Education.
``(d) Activities.--In carrying out subsection (b), the Director
shall support activities to--
``(1) improve specialized instructional support services in
schools in order to improve academic achievement and
educational results for students;
``(2) identify scientifically valid practices in
specialized instructional support services that support
learning and improve academic achievement and educational
results for students;
``(3) provide continuous training and professional
development opportunities for specialized instructional support
personnel and other school personnel in the use of effective
techniques to address academic, behavioral, and functional
needs;
``(4) provide technical assistance to local educational
agencies and State educational agencies in the provision of
effective, scientifically valid, specialized instructional
support services;
``(5) coordinate specialized instructional support services
programs and services in schools between the Department of
Education and other Federal agencies, as appropriate; and
``(6) ensure evaluation of the effectiveness of the
activities described in this subsection, as directed by the
Secretary and Deputy Secretary.
``(e) Specialized Instructional Support Personnel; Specialized
Instructional Support Services.--In this section:
``(1) Specialized instructional support personnel.--The
term `specialized instructional support personnel' means school
counselors, school social workers, school psychologists, and
other qualified professional personnel involved in providing
assessment, diagnosis, counseling, educational, therapeutic,
and other necessary corrective or supportive services
(including related services, as such term is defined in section
602 of the Individuals with Disabilities Education Act) as part
of a comprehensive program to meet student needs.
``(2) Specialized instructional support services.--The term
`specialized instructional support services' means the services
provided by specialized instructional support personnel,
including any other corrective or supportive services to meet
student needs.''.
SEC. 9. DEFINITION IN ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.
Section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (33) through (43) as
paragraphs (34) through (44); and
(2) by inserting after paragraph (32) the following:
``(33) Positive behavior support.--The term `positive
behavior support' means a systematic approach to embed proven
practices for early intervening services, including a range of
systemic and individualized strategies to reinforce desired
behaviors and eliminate reinforcement for problem behaviors, in
order to achieve important social outcomes and increase student
learning, while preventing problem behaviors.''. | Positive Behavior for Effective Schools Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to allocate school improvement funds under title I of the ESEA for coordinated, early intervention services for all students. Includes among such services, schoolwide positive behavior support, defined as a systematic approach to embed proven practices for early intervention services in order to achieve important social outcomes and increase student learning, while preventing problem behaviors.
Requires improvements in schoolwide learning climates, including schoolwide positive behavior supports, to be a target of: (1) technical assistance provided by states to local educational agencies (LEAs) and schools, and by LEAs to schools identified as needing improvement; (2) schoolwide programs that allow LEAs to consolidate educational funds to upgrade the entire educational program of schools that serve a high proportion of low-income families; (3) professional development funding; (4) funding under the Safe and Drug-Free Schools and Communities program; and (5) elementary and secondary school counseling programs.
Amends the Department of Education Organization Act to establish, within the Department of Education, an Office of Specialized Instructional Support Services to oversee, implement, and ensure adequate evaluation of, the provision of specialized instructional support services in schools by school counselors, social workers, psychologists, and other qualified professionals. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to allow State educational agencies, local educational agencies, and schools to increase implementation of early intervention services, particularly school-wide positive behavior supports."} | 2,701 | 277 | 0.541352 | 1.710718 | 0.89345 | 3.279528 | 9.787402 | 0.885827 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Dividend Act of 2018''.
SEC. 2. FAILURE OF EMPLOYER TO PAY WORKER DIVIDENDS.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by inserting after chapter 36 the following new chapter:
``CHAPTER 37--PROVISIONS RELATING TO WORKER DIVIDENDS
``Sec. 4501. Failure of employer to pay worker dividends.
``SEC. 4501. FAILURE OF EMPLOYER TO PAY WORKER DIVIDENDS.
``(a) General Rule.--If, for a taxable year in which a covered
employer repurchases any securities of the employer on the open market,
the covered employer fails to pay to its employees a worker dividend
meeting the requirements of subsection (b), then there is hereby
imposed on the covered employer a tax equal to the lesser of the
amounts determined under subparagraphs (A) and (B) of subsection
(b)(1).
``(b) Worker Dividend.--For purposes of this section--
``(1) In general.--The term `worker dividend' means a
payment made by a covered employer to employees of the employer
at locations in the United States, if the total of all such
payments made during the taxable year is not less than the
lesser of--
``(A) the amount paid by the employer to repurchase
securities of the employer on the open market during
the taxable year, and
``(B) 50 percent of the amount by which the
earnings before interest, taxes, depreciation, and
amortization of the employer during the taxable year in
the United States exceed $250,000,000.
``(2) Payments to be in addition to compensation.--Such
term shall not include any payment unless such payment is in
addition to, and (including by election of the employee) is not
included in (except as provided in paragraph (5)) or
substituted for, any cash or other compensation ordinarily paid
to the employee by the employer.
``(3) Payments to be equal.--Such term shall not include
any payment unless the amount of the payment made to each
employee of the employer in the United States is of an equal
amount. Notwithstanding the preceding sentence, in the case of
an employee employed at less than full time, the payment to
such employee may be in a pro rata amount based on the hours
worked by the employee per week.
``(4) Timing of payment.--Such term shall not include any
payment which is not made within 60 days of the close of the
taxable year to which it relates.
``(5) Option to increase compensation.--A covered employer
may, by providing such documentation as the Secretary may
require, elect to have the worker dividend paid to employees in
the form of an increase in regular compensation. In the case of
a covered employer making such election--
``(A) paragraph (4) shall not apply, and
``(B) the term `worker dividend' includes only
increases in compensation which are so documented and
which are paid within 1 calendar year of the date the
increase goes into effect.
``(c) Covered Employer.--For purposes of this section, the term
`covered employer' means, for any taxable year, any entity the stock of
which is publicly traded.
``(d) Aggregation Rule.--All persons treated as a single employer
under subsection (a) or (b) of section 52 shall be treated as a single
employer for purposes of determining whether an individual is an
employee of a covered employer.
``(e) Regulations.--The Secretary, in consultation with the
Secretary of Labor, shall promulgate regulations or other guidance to
ensure compliance with this section, including the determination of
full time status and rules to prevent avoidance of the purposes of
subsection (b)(2).
``(f) Reporting.--With respect to any taxable year in which a
covered employer repurchases any securities of the employer on the open
market, not later than the due date for the return of tax for such
taxable year such employer shall report to the Secretary and the
Chairman of the Securities and Exchange Commission, in such manner as
the Secretary shall determine, the amount of any worker dividend paid
during such taxable year and any other information as the Secretary
shall require.''.
(b) Clerical Amendment.--The table of chapters for subtitle D of
the Internal Revenue Code of 1986 is amended by inserting after the
item relating to chapter 36 the following new item:
``Chapter 37--Provisions Relating to Worker Dividends''.
(c) Effective Date.--The amendments made by this section shall
apply to repurchases of employer securities in taxable years beginning
after the date of the enactment of this Act. | Worker Dividend Act of 2018 This bill amends the Internal Revenue Code to impose a tax on certain publicly traded companies that have at least $250 million in U.S. earnings for the year, buy back securities during the year, and fail to pay employees a worker dividend. An employer covered by the bill must pay to U.S. employees a worker dividend that totals at least the lesser of: (1) the amount paid by the employer to repurchase securities of the employer on the open market during the taxable year; or (2) 50% of the amount by which the employer's U.S. earnings before interest, taxes, depreciation, and amortization exceed $250 million. Employers who fail to pay a required worker dividend are subject to a tax that is equal to the required dividend. The bill also specifies that the dividend must be distributed equally to employees and be paid in addition to compensation that the employer would ordinarily pay to employees. | {"src": "billsum_train", "title": "Worker Dividend Act of 2018"} | 1,089 | 203 | 0.62414 | 1.670041 | 0.895625 | 2.723757 | 5.353591 | 0.756906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Health Agency
Efficiency Act of 1998''.
SEC. 2. CHANGES TO INTERIM PAYMENT SYSTEM FOR HOME HEALTH SERVICES.
(a) Per Visit Cost Limits.--
(1) Basis for limits.--Section 1861(v)(1)(L)(i) of the
Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)), as amended
by section 4602(a) of the Balanced Budget Act of 1997, is
amended--
(A) by striking ``or'' at the end of subclause
(III); and
(B) by striking subclause (IV) and inserting the
following:
``(IV) October 1, 1997, and before October 1, 1998, 110
percent of such mean, or
``(V) October 1, 1998, 107 percent of such mean.''.
(2) Elimination of two-year freeze.--Section 1861(v)(1)(L)
of such Act (42 U.S.C. 1395x(v)(1)(L)), as amended by section
4601 of the Balanced Budget Act of 1997, is amended--
(A) by striking clause (iv) and redesignating
clause (v) as clause (iv);
(B) by redesignating clauses (vi) and (vii) as
clauses (viii) and (ix) respectively; and
(C) in clause (ix), as so redesignated, by striking
``clause (v)(I)'' and inserting ``clause (iv)(I)''.
(b) Per Beneficiary Cost Limits.--Section 1861(v)(1)(L) of such Act
(42 U.S.C. 1395x(v)(1)(L)), as amended by section 4602(c) of the
Balanced Budget Act of 1997, is amended--
(1) by amending clause (iv)(I) (as redesignated by
subsection (a)(2)(A)) to read as follows:
``(I) a per beneficiary annual limitation calculated under
clause (v); and'';
(2) by inserting after clause (iv), as so redesignated, the
following new clause:
``(v) For purposes of clause (iv)(I), the per beneficiary annual
limitation calculation under this clause is based--
``(I) 25 percent on the average of the reasonable costs
(including nonroutine medical supplies) for agencies in the
State in which an agency is located for cost reporting periods
beginning in fiscal year 1995, such costs updated by the home
health market basket index and adjusted for the wage-related
portion of such costs by an area wage index that the Secretary
determines reflects the relative hospital wage level in the
geographic area of the agency (determined without regard to
whether the hospitals in such area have been reclassified to a
new geographic area pursuant to section 1886(d)(8)(B), a
decision of the Medicare Geographic Classification Review
Board, or a decision of the Secretary under section
1886(d)(10)) compared to the State average hospital wage level;
and
``(II) 75 percent on the national average of such costs for
cost reporting periods beginning in fiscal year 1995, such
costs updated by the home health market basket and adjusted for
the wage-related portion of such costs by the wage index
described in clause (iii).''; and
(3) by amending subclause (I) of clause (viii), as
redesignated by subsection (a)(2)(B), to read as follows:
``(I) For new providers and those providers without a cost
reporting period beginning in fiscal year 1995, the per
beneficiary limitation shall be equal to the per beneficiary
limitation determined under clause (v).''.
(c) Per Beneficiary Efficiency Standard.--Section 1861(v)(1)(L) of
such Act (42 U.S.C. 1395x (v)(1)(L), as amended by section 4602(c) of
the Balanced Budget Act of 1997, is amended--
(1) in clause (iv) (as redesignated by subsection
(a)(2)(A)), by striking ``Payment'' and inserting ``Except as
provided in clause (vi), payment''; and
(2) by inserting after clause (v), as added by subsection
(b)(2), the following new clauses:
``(vi) Notwithstanding the limits imposed by clause (iv), in the
case of a home health agency that for any cost reporting period
beginning on or after October 1, 1997, for which the agency's
reasonable costs (determined without regard to such limits) do not
exceed the per beneficiary efficiency standard established under clause
(vii), payment to such home health agency shall equal such reasonable
costs or, if lower, the limits determined under clause (i).
``(vii) For services furnished by home health agencies for cost
reporting periods beginning on or after October 1, 1997, the Secretary
shall establish a per beneficiary efficiency standard equal to the
product of--
``(I) the national average per beneficiary reasonable costs
(including nonroutine medical supplies) for all home health
agencies for cost reporting periods beginning in fiscal year
1995, such costs updated by the home health market basket and
adjusted for the wage-related portion of such costs by the wage
index described in clause (iii); and
``(II) the agency's unduplicated census count of patients
(entitled to benefits under this title) for the cost reporting
period to which the standard relates.''.
(d) Elimination of Default Reduction of Interim Limits.--Section
4603(e) of the Balanced Budget Act of 1997 is amended by striking
``reduction'' and all that follows through ``1999'' and inserting
``reduction of the cost limits and per beneficiary limits described in
section 1861(v)(1)(L) of such Act (as those limits would otherwise be
in effect on September 30, 1999) by such uniform percentage as is
necessary to achieve the budgetary savings attributed by the
Congressional Budget Office to this subsection (or to the 15 percent
reduction under the prospective payment system) for such cost reporting
periods in its final cost estimate of the conference agreement on this
Act''.
(e) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of the Balanced Budget Act of
1997. | Medicare Home Health Agency Efficiency Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997, with respect to the interim payment system for home health services. Replaces the current reasonable cost limit under the system (105 percent of the median of per visit costs of freestanding home health agencies) with: (1) 110 percent of the mean of such costs (during FY 1998); and (2) 107 percent of such mean (for cost reporting periods beginning on or after October 1, 1998).
Repeals the two-year freeze on payment increases for such services.
Revises the formula for the per beneficiary annual limitation.
Requires the Secretary of Health and Human Services to establish, according to a specified formula, a per beneficiary efficiency standard for services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997.
Repeals the default reduction of interim limits. | {"src": "billsum_train", "title": "Medicare Home Health Agency Efficiency Act of 1998"} | 1,432 | 200 | 0.628675 | 1.731722 | 0.729573 | 3.357895 | 6.568421 | 0.863158 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescribe A Book Act''.
SEC. 2. PEDIATRIC INVOLVEMENT IN READING AND EDUCATION.
Part D of title V of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the
following:
``Subpart 22--Pediatric Early Literacy Programs
``SEC. 5621. DEFINITIONS.
``In this subpart:
``(1) Eligible entity.--The term `eligible entity' means a
nonprofit organization that has, as determined by the
Secretary, demonstrated effectiveness in the following areas:
``(A) Providing peer-to-peer training to healthcare
providers in research-based methods of literacy
promotion as part of routine pediatric health
supervision visits.
``(B) Delivering a training curriculum through a
variety of medical education settings, including
residency training, continuing medical education, and
national pediatric conferences.
``(C) Providing technical assistance to local
healthcare facilities to effectively implement a high-
quality Pediatric Early Literacy Program.
``(D) Offering opportunities for local healthcare
facilities to obtain books at significant discounts, as
described in section 5626.
``(E) Integrating the latest developmental and
educational research into the training curriculum for
healthcare providers described in subparagraph (B).
``(2) Pediatric early literacy program.--The term
`Pediatric Early Literacy Program' means a program that--
``(A) creates and implements a 3-part model through
which--
``(i) healthcare providers, doctors, and
nurses, trained in research-based methods of
early language and literacy promotion,
encourage parents to read aloud to their young
children, and offer developmentally appropriate
recommendations and strategies to parents for
the purpose of reading aloud to their children;
``(ii) healthcare providers, at health
supervision visits, provide each child between
the ages of 6 months and 5 years a new,
developmentally appropriate children's book to
take home and keep; and
``(iii) healthcare facilities create
literacy-rich environments that include gently-
used books for waiting room use or volunteer
readers to model for parents the techniques of
reading aloud to young children;
``(B) demonstrates, through research published in
peer-reviewed journals, effectiveness in positively
altering parent behavior regarding reading aloud to
children, and improving expressive and receptive
language in young children; and
``(C) receives the endorsement of nationally
recognized medical associations and academies.
``SEC. 5622. PROGRAM AUTHORIZED.
``The Secretary is authorized to award grants to eligible entities
to enable the eligible entities to implement Pediatric Early Literacy
Programs.
``SEC. 5623. APPLICATIONS.
``An eligible entity that desires to receive a grant under section
5622 shall submit an application to the Secretary at such time, in such
manner, and including such information as the Secretary may reasonably
require.
``SEC. 5624. MATCHING REQUIREMENT.
``An eligible entity receiving a grant under section 5622 shall
provide, either directly or through private contributions, non-Federal
matching funds equal to not less than 50 percent of the grant received
by the eligible entity under section 5622. Such matching funds may be
in cash or in-kind.
``SEC. 5625. USE OF GRANT FUNDS.
``(a) In General.--An eligible entity receiving a grant under
section 5622 shall--
``(1) enter into contracts with private nonprofit
organizations, or with public agencies, selected based on the
criteria described in subsection (b), under which each
contractor will agree to establish and operate a Pediatric
Early Literacy Program;
``(2) provide such training and technical assistance to
each contractor of the eligible entity as may be necessary to
carry out this subpart; and
``(3) include such other terms and conditions in an
agreement with a contractor as the Secretary determines to be
appropriate to ensure the effectiveness of such program.
``(b) Contractor Criteria.--Each contractor shall be selected under
subsection (a)(1) on the basis of the extent to which the contractor
gives priority to serving a substantial number or percentage of at-risk
children, including--
``(1) children from families with an income below 200
percent of the poverty line applicable to a family of the size
involved, particularly such children in high-poverty areas;
``(2) children without adequate medical insurance;
``(3) children enrolled in a State Medicaid program,
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), or in the State Children's Health
Insurance Program established under title XXI of such Act (42
U.S.C. 1397aa et seq.);
``(4) children living in rural areas;
``(5) migrant children; and
``(6) children with limited access to libraries.
``SEC. 5626. RESTRICTION ON PAYMENTS.
``The Secretary shall make no payment to an eligible entity under
this subpart unless the Secretary determines that the eligible entity
or a contractor of the eligible entity, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts that are at least as favorable as discounts that are
customarily given by such publisher or distributor for book purchases
made under similar circumstances in the absence of Federal assistance.
``SEC. 5627. REPORTING REQUIREMENT.
``An eligible entity receiving a grant under section 5622 shall
report annually to the Secretary on the effectiveness of the program
implemented by the eligible entity and the programs instituted by each
contractor of the eligible entity, and shall include in the report a
description of each program.''.
SEC. 3. CONFORMING AMENDMENT.
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 5618 the following:
``subpart 22--pediatric early literacy programs
``Sec. 5621. Definitions.
``Sec. 5622. Program authorized.
``Sec. 5623. Applications.
``Sec. 5624. Matching requirement.
``Sec. 5625. Use of grant funds.
``Sec. 5626. Restriction on payments.
``Sec. 5627. Reporting requirement.''. | Prescribe A Book Act Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to nonprofit organizations for the implementation of Pediatric Early Literacy Programs, through which: health care providers encourage parents to read aloud to their children and offer parents developmentally appropriate recommendations and strategies for doing so; health care providers give each visiting child between the ages of six months and five years a new, developmentally appropriate children's book to take home and keep; and health care facilities create literacy-rich environments that include gently used books for waiting room use or volunteer readers to show parents the techniques of reading aloud to young children. Requires that the books provided to children under the programs be obtained at a discount. | {"src": "billsum_train", "title": "Prescribe A Book Act"} | 1,444 | 159 | 0.605385 | 1.811448 | 0.865802 | 3.169014 | 9.34507 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hereditary Disorders Newborn
Screening Act of 2000''.
SEC. 2. PROGRAM TO IMPROVE THE ABILITY OF STATES TO PROVIDE NEWBORN AND
CHILD SCREENING FOR HERITABLE DISORDERS.
Part A of title XI of the Public Health Service Act (42 U.S.C.
300b-1 et seq.) is amended by adding at the end the following:
``SEC. 1108. IMPROVED NEWBORN AND CHILD SCREENING FOR HERITABLE
DISORDERS.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall award grants
to eligible entities to enhance, improve or expand the ability of State
and local public health agencies to provide screening, counseling or
preventive care services to newborns and children having or at risk for
heritable disorders.
``(b) Use of Funds.--Amounts provided under a grant awarded under
subsection (a) shall be used to--
``(1) establish, expand, or improve systems or programs to
provide screening, counseling, testing or specialty services
for newborns and children at risk for heritable disorders;
``(2) establish, expand, or improve programs or services to
reduce mortality or morbidity from heritable disorders;
``(3) establish, expand, or improve systems or programs to
provide information and counseling on available therapies for
newborns and children with heritable disorders;
``(4) improve the access of medically underserved
populations to screening, counseling, testing and specialty
services for newborns and children having or at risk for
heritable disorders; or
``(5) conduct such other activities as may be necessary to
enable newborns and children having or at risk for heritable
disorders to receive screening, counseling, testing or
specialty services, regardless of income, race, color,
religion, sex, national origin, age, or disability.
``(c) Eligible Entities.--To be eligible to receive a grant under
subsection (a) an entity shall--
``(1) be a State or political subdivision of a State, or a
consortium of 2 or more States or political subdivisions of
States; and
``(2) prepare and submit to the Secretary an application
that includes--
``(A) a plan to use amounts awarded under the grant
to meet specific health status goals and objectives
relative to heritable disorders, including attention to
needs of medically underserved populations;
``(B) a plan for the collection of outcome data or
other methods of evaluating the degree to which amounts
awarded under this grant will be used to achieve the
goals and objectives identified under subparagraph (A);
``(C) a plan for monitoring and ensuring the
quality of services provided under the grant;
``(D) an assurance that amounts awarded under the
grant will be used only to implement the approved plan
for the State;
``(E) an assurance that the provision of services
under the plan is coordinated with services provided
under programs implemented in the State under titles V,
XVIII, XIX, XX, or XXI of the Social Security Act
(subject to Federal regulations applicable to such
programs) so that the coverage of services under such
titles is not substantially diminished by the use of
granted funds; and
``(F) such other information determined by the
Secretary to be necessary.
``(d) Limitation.--An eligible entity may not use amounts received
under this section to--
``(1) provide cash payments to or on behalf of affected
individuals;
``(2) provide inpatient services;
``(3) purchase land or make capital improvements to
property; or
``(4) provide for proprietary research or training.
``(e) Voluntary Participation.--The participation by any individual
in any program or portion thereof established or operated with funds
received under this section shall be wholly voluntary and shall not be
a prerequisite to eligibility for or receipt of any other service or
assistance from, or to participation in, another Federal or State
program.
``(f) Supplement Not Supplant.--Funds appropriated under this
section shall be used to supplement and not supplant other Federal,
State, and local public funds provided for activities of the type
described in this section.
``(g) Publication.
``(1) In general.--An application submitted under
subsection (c)(2) shall be made public by the State in such a
manner as to facilitate comment from any person, including
through hearings and other methods used to facilitate comments
from the public.
``(2) Comments.--Comments received by the State after the
publication described in paragraph (1) shall be addressed in
the application submitted under subsection (c)(2).
``(h) Technical Assistance.--The Secretary shall provide to
entities receiving grants under subsection (a) such technical
assistance as may be necessary to ensure the quality of programs
conducted under this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of the fiscal years 2001 through 2011.
``SEC. 1109. EVALUATING THE EFFECTIVENESS OF NEWBORN AND CHILD
SCREENING PROGRAMS.
``(a) In General.--The Secretary shall award grants to eligible
entities to provide for the conduct of demonstration programs to
evaluate the effectiveness of screening, counseling or preventive care
services in reducing the morbidity and mortality caused by heritable
disorders in newborns and children.
``(b) Demonstration Programs.--A demonstration program conducted
under a grant under this section shall be designed to evaluate and
assess, within the jurisdiction of the entity receiving such grant--
``(1) the effectiveness of screening, counseling, testing
or specialty services for newborns and children at risk for
heritable disorders in reducing the morbidity and mortality
associated with such disorders;
``(2) the effectiveness of screening, counseling, testing
or specialty services in accurately and reliably diagnosing
heritable disorders in newborns and children; or
``(3) the availability of screening, counseling, testing or
specialty services for newborns and children at risk for
heritable disorders.
``(c) Eligible Entities.--To be eligible to receive a grant under
subsection (a) an entity shall be a State or political subdivision of a
State, or a consortium of 2 or more States or political subdivisions of
States.
``SEC. 1110. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND
CHILDREN.
``(a) Establishment.--The Secretary shall establish an advisory
committee to be known as the `Advisory Committee on Heritable Disorders
in Newborns and Children' (referred to in this section as the `Advisory
Committee').
``(b) Duties.--The Advisory Committee shall--
``(1) provide advice and recommendations to the Secretary
concerning grants and projects awarded or funded under section
1108;
``(2) provide technical information to the Secretary for
the development of policies and priorities for the
administration of grants under section 1108; and
``(3) provide such recommendations, advice or information
as may be necessary to enhance, expand or improve the ability
of the Secretary to reduce the mortality or morbidity from
heritable disorders.
``(c) Membership.--
``(1) In general.--The Secretary shall appoint not to
exceed 15 members to the Advisory Committee. In appointing such
members, the Secretary shall ensure that the total membership
of the Advisory Committee is an odd number.
``(2) Required members.--The Secretary shall appoint to the
Advisory Committee under paragraph (1)--
``(A) the Administrator of the Health Resources and
Services Administration;
``(B) the Director of the Centers for Disease
Control and Prevention;
``(C) the Director of the National Institutes of
Health;
``(D) the Director of the Agency for Healthcare
Research and Quality;
``(E) medical or scientific professionals with
special expertise in heritable disorders, or in
providing screening, counseling, testing or specialty
services for newborns and children at risk for
heritable disorders;
``(F) members of the public having special
expertise about or concern with heritable disorders;
and
``(G) representatives from such Federal agencies,
public health constituencies, and medical professional
societies as determined to be necessary by the
Secretary, to fulfill the duties of the Advisory
Committee, as established under subsection (b).''. | Directs the Secretary to award grants to eligible entities to provide for the conduct of demonstration programs to evaluate the effectiveness of screening, counseling or preventive care services in reducing the morbidity and mortality caused by heritable disorders in newborns and children.
Direct the Secretary to establish an advisory committee to be known as the Advisory Committee on Heritable Disorders in Newborns and Children. | {"src": "billsum_train", "title": "Hereditary Disorders Newborn Screening Act of 2000"} | 1,883 | 82 | 0.621341 | 1.579528 | 0.451009 | 7.117647 | 25.661765 | 0.970588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Fuels and Vehicles Act of
2007''.
SEC. 2. FUEL WITH LOW LIFECYCLE GREENHOUSE GAS EMISSIONS; GREENHOUSE
GAS EMISSION REDUCTIONS.
Title II of the Clean Air Act (42 U.S.C. 7581 et seq.) is amended
by adding at the end the following:
``PART D--FUEL WITH LOW LIFECYCLE GREENHOUSE GAS EMISSIONS; GREENHOUSE
GAS EMISSION REDUCTIONS
``SEC. 251. DEFINITIONS.
``In this part:
``(1) Greenhouse gas.--The term `greenhouse gas' means--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons; and
``(F) sulfur hexafluoride.
``(2) Lifecycle greenhouse gas emissions.--The term
`lifecycle greenhouse gas emissions' means the aggregate
quantity of greenhouse gases emitted per unit of fuel from
production to use (including feedstock production or extraction
and distribution).
``(3) Major oil company.--The term `major oil company' has
the meaning given the term in section 105(b) of the Energy
Policy and Conservation Act (42 U.S.C. 6213(b)).
``(4) Motor vehicle.--The term `motor vehicle' has the
meaning given the term in section 216.
``SEC. 252. GREENHOUSE GAS EMISSION REDUCTIONS FROM FUELS AVAILABLE FOR
MOTOR VEHICLES.
``(a) Determination Process; Fuel Emissions Baseline.--
``(1) In general.--Not later than January 1, 2010, the
Administrator shall, by regulation--
``(A) establish a determination process for use in
determining the lifecycle greenhouse gas emissions of a
fuel; and
``(B) based on the aggregate quantity and variety
of fuels available for motor vehicles used in the
United States during calendar year 2007, determine the
average quantity of lifecycle greenhouse gas emissions
per unit of energy delivered to a motor vehicle
(referred to in this section as the `fuel emissions
baseline').
``(2) Considerations.--For purposes of determining the
lifecycle greenhouse gas emissions of a fuel under paragraph
(1), the Administrator shall consider--
``(A) greenhouse gas emissions resulting from--
``(i) production, extraction, distribution,
transportation, and end use of the fuel;
``(ii) issues relating to the end use
efficiency of the fuel;
``(iii) changes in land use and land cover
resulting from an activity described in clause
(i) with respect to the fuel; and
``(iv) net climate impacts affecting the
energy and agricultural sectors resulting from
an activity described in clause (i) with
respect to the fuel; and
``(B) any other appropriate matters, as determined
by the Administrator.
``(3) Requirements.--The Administrator shall include in
regulations promulgated to carry out paragraph (1) procedures
by which the Administrator shall--
``(A) determine the lifecycle greenhouse gas
emissions of a fuel and the fuel emissions baseline;
``(B) make each determination described in
subparagraph (A), and information used in making the
determinations, available to consumers;
``(C) label fuels with low lifecycle greenhouse gas
emissions; and
``(D) provide information about adverse impacts of
the fuel on--
``(i) land use and land cover;
``(ii) water, soil, and air quality; and
``(iii) public health.
``(b) Subsequent Average Lifecycle Greenhouse Gas Emissions.--Not
later than June 1, 2013, and annually thereafter, based on the
aggregate quantity and variety of fuel available for motor vehicles
used in the United States during the preceding calendar year, the
Administrator shall determine, in accordance with the regulations
promulgated under subsection (a), the average quantity of lifecycle
greenhouse gas emissions per unit of energy delivered to a motor
vehicle through the use of a unit of fuel for motor vehicles for the
preceding calendar year.
``(c) Required Reductions in Lifecycle Greenhouse Gas Emissions.--
``(1) Regulations.--The Administrator shall promulgate
regulations to establish a credit trading program to address
the lifecycle greenhouse gas emissions from fuels available for
use in motor vehicles.
``(2) Required emission reductions.--The Administrator
shall, by regulation, require each major oil company, refiner,
or fuel importer that produces, sells, or introduces gasoline
or other fuels available for use in motor vehicles into
commerce in the United States to reduce the average lifecycle
greenhouse gas emissions per unit of energy delivered to a
motor vehicle through fuel to a level that is--
``(A) for calendar year 2015, 3 percent below the
fuel emissions baseline; and
``(B) not later than every fifth calendar year
thereafter, 3 percent below the average quantity of
lifecycle greenhouse gas emissions per unit of energy
delivered to a vehicle allowed pursuant to this section
during the required fuel emissions level for the
preceding calendar year, as determined by the
Administrator under subsection (b).
``(3) Use of credits.--
``(A) In general.--For the purpose of complying
with the required reductions in lifecycle greenhouse
gas emissions under this section, each major oil
company, fuel refiner, or fuel importer shall
demonstrate, on an annual basis, that the fuel mix
provided to the market by the company, refiner, or
importer meets the lifecycle greenhouse gas emission
level specified in subparagraphs (A) and (B) of
paragraph (2), including if necessary, by using credits
previously banked or purchased.
``(B) Credits for additional reductions.--The
regulations promulgated to carry out this section shall
permit a provider of a fuel that achieves a greater
reduction in lifecycle greenhouse gas emissions than is
required under subparagraph (A) or (B) of paragraph (2)
for a particular compliance period to generate credits,
based on--
``(i) the quantity of fuel provided; and
``(ii) the difference between--
``(I) the greater reduction in
lifecycle greenhouse gas emissions of
the fuel under subparagraph (A) or (B)
of paragraph (2); and
``(II) the minimum required
reduction in lifecycle greenhouse gas
emissions of the fuel under that
subparagraph.
``(d) Statement of Congressional Intent.--It is the intent of
Congress that, through implementation of this section--
``(1) an incentive will be created for the use, in lieu of
gasoline, of fuels having lower lifecycle greenhouse gas
emissions; and
``(2) fuels with the lowest lifecycle greenhouse gas
emissions will continue over time--
``(A) to be improved;
``(B) to become widely-available and competitive in
the marketplace; and
``(C) to contribute to an overall reduction in
greenhouse gas emissions.
``SEC. 253. GREENHOUSE GAS EMISSION REDUCTIONS FROM AUTOMOBILES.
``(a) Vehicle Emissions Baseline.--Not later than January 1, 2009,
based on the aggregate quantity and variety of new automobiles sold in
the United States during model year 2002 and the average greenhouse gas
emissions from those new automobiles, the Administrator shall determine
the average quantity of greenhouse gas emissions per vehicle mile
(referred to in this section as the `new vehicle emissions baseline').
``(b) Subsequent Average Emissions From New Automobiles.--Not later
than June 1, 2015, and annually thereafter, based on the aggregate
quantity and variety of new automobiles sold in the United States
during the preceding model year and the average greenhouse gas
emissions from those new automobiles during the preceding model year,
the Administrator shall determine the average quantity of greenhouse
gas emissions per vehicle mile for the model year.
``(c) Required Reductions in Greenhouse Gas Emissions From
Automobiles.--
``(1) In general.--The Administrator shall, by regulation,
require each manufacturer of automobiles for sale in the United
States to reduce the average quantity of greenhouse gas
emissions per vehicle mile of the aggregate quantity and
variety of automobiles manufactured by the manufacturer to a
level that is--
``(A) for automobiles manufactured in model year
2016, 30 percent less than the new vehicle emissions
baseline; and
``(B) not later than every fifth model year
thereafter, such percent as shall be specified by the
Administrator that is less than the average quantity of
greenhouse gas emissions per vehicle mile required for
the model year preceding that fifth model year, as
determined by the Administrator under subsection
(b).''.
SEC. 3. OPTIMIZED DUAL FUELED VEHICLES.
(a) Optimized Dual Fueled Automobiles.--Section 32901(a) of title
49, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) `alternative fueled automobile' means an automobile
that is--
``(A) a dedicated automobile;
``(B) a dual fueled automobile; or
``(C) an optimized dual fueled automobile.''; and
(2) by adding at the end the following:
``(17) `optimized dual fueled automobile' means an
automobile that--
``(A) is capable of operating on alternative fuel
and on gasoline or diesel fuel;
``(B) can satisfactorily operate throughout a
Federal testing procedure exclusively on alternative
fuel, when fueled with the maximum alternative fuel
capacity, as determined by the Administrator of the
Environmental Protection Agency; and
``(C) when operated on alternative fuel, achieves
an average fuel economy that is not less than 20
percent greater, on a gallon of gasoline-equivalent
energy basis, than the fuel economy of the same
automobile operated on gasoline or diesel fuel.''.
(b) Fuel Economy Calculation for Optimized Dual Fuel Automobiles.--
Section 32905 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
the subparagraphs appropriately;
(B) by striking ``title, for any'' and inserting
``title--
``(1) for any'';
(C) in paragraph (1)(B) (as designated and
redesignated by subparagraphs (A) and (B)), by striking
``fuel.'' and inserting ``fuel; and''; and
(D) by adding at the end the following:
``(2) for any model of dual fueled automobile manufactured
by a manufacturer in any of model years 2011 through 2015, the
Administrator of the Environmental Protection Agency shall
measure the fuel economy for that model by dividing 1.0 by the
sum obtained by adding--
``(A) for optimized dual fueled automobiles, the
sum obtained by adding--
``(i) .5 divided by the fuel economy
measured under section 32904(c), when operating
the model on gasoline and diesel fuel; and
``(ii) .5 divided by the fuel economy
measured under subsection (a), when operating
the model on alternative fuel; and
``(B) for dual fueled automobiles other than
optimized dual fueled automobiles, values that reflect
the actual use of gasoline and diesel fuel relative to
alternative fuel in the models based on a determination
made by the Administrator, taking into account
alternative fuel sales and total number of models of
dual fueled vehicles other than optimized dual fueled
automobiles.''; and
(2) by striking subsection (f).
(c) Year Modification.--Section 32906(a) of title 49, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``(1)(A) For'' and inserting ``(1)
For'';
(B) by striking ``2010'' and inserting ``2015'';
and
(C) by striking subparagraph (B); and
(2) in paragraph (2), by striking
``described--'' and all that follows through subparagraph (B)
and inserting ``described in paragraph (1) is more than 1.2
miles per gallon, the limitation in that paragraph shall
apply.''.
(d) Increasing Consumer Awareness of Alternative Fuel Vehicles.--
Section 32908 of title 49, United States Code, is amended by adding at
the end the following:
``(g) Increasing Consumer Awareness of Flexible Fuel Vehicles.--The
Secretary of Transportation shall promulgate regulations that--
``(1) require each manufacturer that manufactures
alternative fuel vehicles that run on fuels with low lifecycle
greenhouse gas emissions to install a green-colored fuel cap on
each alternative fuel vehicle to distinguish the vehicle from
vehicles that do not use low lifecycle greenhouse gas-emitting
alternative fuels; and
``(2) prohibit a manufacturer from installing a green-
colored fuel cap on an automobile manufactured by the
manufacturer that does not run on a low lifecycle greenhouse
gas-emitting alternative fuel.''. | Clean Fuels and Vehicles Act of 2007 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a process for determining the lifecycle greenhouse gas (GHG) emissions of a fuel; and (2) determine the average quantity of lifecycle GHG emissions per unit of energy delivered to a motor vehicle, or the fuel emission baseline.
Requires the Administrator to include in regulations procedures by which the Administrator shall: (1) determine the lifecycle GHG emissions of a fuel and the fuel emissions baseline; (2) make such determinations and related information available to consumers; (3) label fuels with low lifecycle GHG emissions; and (4) provide information about adverse impacts of the fuel on land use and land cover, water, soil, and air quality, and public health.
Directs the Administrator to: (1) establish a credit trading program to address the lifecycle GHG emissions from fuels available for use in motor vehicles; and (2) require each major oil company, refiner, or fuel importer that produces or sells fuels available for use in motor vehicles to reduce the average lifecycle GHG emissions per unit of energy delivered to a motor vehicle through fuel to specified levels.
Permits a provider of a fuel that achieves a greater than required reduction in lifecycle GHG emissions to generate credits.
Directs the Administrator to: (1) determine the average quantity of GHG emissions per mile for new vehicles; and (2) require each automobile manufacturer to reduce the average quantity of GHG emissions per vehicle mile of the aggregate quantity and variety of automobiles to specified levels.
Redefines the term "alternative fueled automobile" to mean an automobile that is a dedicated, dual fueled, or optimized dual fueled automobile.
Specifies a formula the Administrator shall use to measure the fuel economy for any model of dual fueled automobile manufactured in model years 2001-2015.
Extends through model years up to 2015 the maximum increase in average fuel economy for a manufacturer attributable to dual fueled automobiles of 1.2 miles a gallon.
Requires the Secretary of Transportation to: (1) require each manufacturer of alternative fuel vehicles that run on fuels with low lifecycle GHG emissions to install a green fuel cap on such vehicles; and (2) prohibit a manufacturer from installing a green cap on an automobile that does not run on such fuel. | {"src": "billsum_train", "title": "A bill to amend the Clean Air Act to promote the use of fuels with low lifecycle greenhouse gas emissions, to establish a greenhouse gas performance standard for motor vehicle fuels, to require a significant decrease in greenhouse gas emissions from motor vehicles, and for other purposes."} | 2,982 | 508 | 0.595751 | 1.719122 | 0.798475 | 3.975983 | 5.947598 | 0.932314 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homebuyer Tax Credit Oversight and
Accountability Act of 2009''.
SEC. 2. PROVISIONS TO ENHANCE THE ADMINISTRATION OF THE FIRST-TIME
HOMEBUYER TAX CREDIT.
(a) Age Limitation.--
(1) In general.--Subsection (b) of section 36 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(3) Age limitation.--No credit shall be allowed under
subsection (a) with respect to the purchase of any residence
unless the taxpayer has attained age 18 as of the date of such
purchase. In the case of any taxpayer who is married (within
the meaning of section 7703), the taxpayer shall be treated as
meeting the age requirement of the preceding sentence if the
taxpayer or the taxpayer's spouse meets such age
requirement.''.
(2) Conforming amendment.--Subsection (g) of section 36 of
such Code is amended by striking ``subsections (c) and
(f)(4)(D)'' and inserting ``subsection (b)(3), (c), and
(f)(4)(D)''.
(b) Documentation Requirement.--Subsection (d) of section 36 of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of paragraph (1), by striking the period at the end of paragraph (2)
and inserting a comma, and by adding at the end the following new
paragraphs:
``(3) the taxpayer fails to attach to the return of tax for
such taxable year a properly executed copy of the settlement
statement used to complete such purchase, or
``(4) the taxpayer fails to attach to the return of tax for
such taxable year a certified statement of the taxpayer's
eligibility for the tax credit issued by the real estate
reporting person (as defined in section 6045(e)(2)) with
respect to such purchase.''.
(c) Restriction on Married Individual Acquiring Residence From
Family of Spouse.--Clause (i) of section 36(c)(3)(A) of the Internal
Revenue Code of 1986 is amended by inserting ``(or, if married, such
individual's spouse)'' after ``person acquiring such property''.
(d) Certain Errors With Respect to the First-Time Homebuyer Tax
Credit Treated as Mathematical or Clerical Errors.--Paragraph (2) of
section 6213(g) of the Internal Revenue Code of 1986 is amended by
striking ``and'' at the end of subparagraph (M), by striking the period
at the end of subparagraph (N) and inserting ``, and'', and by
inserting after subparagraph (N) the following new subparagraph:
``(O) an entry on a return claiming the credit
under section 36 if--
``(i) the Secretary obtains information
from the person issuing the TIN of the taxpayer
that indicates that the taxpayer does not meet
the age requirement of section 36(b)(3),
``(ii) information provided to the
Secretary by the taxpayer on an income tax
return for at least one of the 2 preceding
taxable years is inconsistent with eligibility
for such credit, or
``(iii) the taxpayer fails to attach to the
return the form described in paragraph (3) or
(4) of section 36(d).''.
(e) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
purchases after the date of the enactment of this Act.
(2) Documentation requirement.--The amendments made by
subsection (b) shall apply to returns for taxable years ending
after the date of the enactment of this Act.
(3) Treatment as mathematical and clerical errors.--The
amendments made by subsection (d) shall apply to returns for
taxable years ending on or after April 9, 2008.
(f) Investigation and Prosecution; Report.--The Commissioner of
Internal Revenue shall take such steps as are necessary to investigate
and prosecute instances of fraud related to the first-time homebuyer
tax credit under section 36 of the Internal Revenue Code of 1986. The
Commissioner of Internal Revenue shall provide reports to Congress on
the status of the investigatory and prosecutorial actions not later
than 90 days after the date of the enactment of this Act, and quarterly
thereafter.
SEC. 3. CERTAIN TAX RETURN PREPARERS REQUIRED TO FILE RETURNS
ELECTRONICALLY.
(a) In General.--Subsection (e) of section 6011 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Special rule for tax return preparers.--
``(A) In general.--The Secretary shall require than
any individual income tax return prepared by a tax
return preparer be filed on magnetic media if--
``(i) such return is filed by such tax
return preparer, and
``(ii) such tax return preparer is a
specified tax return preparer for the calendar
year during which such return is filed.
``(B) Specified tax return preparer.--For purposes
of this paragraph, the term `specified tax return
preparer' means, with respect to any calendar year, any
tax return preparer unless such preparer reasonably
expects to file 100 or fewer individual income tax
returns during such calendar year.
``(C) Individual income tax return.--For purposes
of this paragraph, the term `individual income tax
return' means any return of the tax imposed by subtitle
A on individuals, estates, or trusts.''.
(b) Conforming Amendment.--Paragraph (1) of section 6011(e) of the
Internal Revenue Code of 1986 is amended by striking ``The Secretary
may not'' and inserting ``Except as provided in paragraph (3), the
Secretary may not''.
(c) Effective Date.--The amendments made by this section shall
apply to returns filed after December 31, 2010. | Homebuyer Tax Credit Oversight and Accountability Act of 2009 - Amends the Internal Revenue Code, with respect to the first-time homebuyer tax credit, to: (1) deny such credit to taxpayers under the age of 18; (2) require taxpayers claiming such credit to attach to their returns a properly executed copy of the settlement statement used to purchase their residence and a certified statement of their eligibility for such credit from the real estate broker, settlement agent, or mortgage lender; and (3) prohibit a credit for residences acquired from a spouse. Requires the Commissioner of Internal Revenue to investigate, prosecute, and provide quarterly reports on instances of fraud related to the first-time homebuyer tax credit.
Requires tax return preparers to file tax returns electronically unless they reasonably expect to file 100 or fewer individual income returns in a calendar year. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to enhance the administration of, and reduce fraud related to, the first-time homebuyer tax credit, and for other purposes."} | 1,369 | 189 | 0.561593 | 1.560212 | 0.836483 | 3.08642 | 7.419753 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EPA Regulatory Relief Act of 2011''.
SEC. 2. LEGISLATIVE STAY.
(a) Establishment of Standards.--In place of the rules specified in
subsection (b), and notwithstanding the date by which such rules would
otherwise be required to be promulgated, the Administrator of the
Environmental Protection Agency (in this Act referred to as the
``Administrator'') shall--
(1) propose regulations for industrial, commercial, and
institutional boilers and process heaters, and commercial and
industrial solid waste incinerator units, subject to any of the
rules specified in subsection (b)--
(A) establishing maximum achievable control
technology standards, performance standards, and other
requirements under sections 112 and 129, as applicable,
of the Clean Air Act (42 U.S.C. 7412, 7429); and
(B) identifying non-hazardous secondary materials
that, when used as fuels or ingredients in combustion
units of such boilers, process heaters, or incinerator
units are solid waste under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.; commonly referred to as
the ``Resource Conservation and Recovery Act'') for
purposes of determining the extent to which such
combustion units are required to meet the emissions
standards under section 112 of the Clean Air Act (42
U.S.C. 7412) or the emission standards under section
129 of such Act (42 U.S.C. 7429); and
(2) finalize the regulations on the date that is 15 months
after the date of the enactment of this Act.
(b) Stay of Earlier Rules.--The following rules are of no force or
effect, shall be treated as though such rules had never taken effect,
and shall be replaced as described in subsection (a):
(1) ``National Emission Standards for Hazardous Air
Pollutants for Major Sources: Industrial, Commercial, and
Institutional Boilers and Process Heaters'', published at 76
Fed. Reg. 15608 (March 21, 2011).
(2) ``National Emission Standards for Hazardous Air
Pollutants for Area Sources: Industrial, Commercial, and
Institutional Boilers'', published at 76 Fed. Reg. 15554 (March
21, 2011).
(3) ``Standards of Performance for New Stationary Sources
and Emission Guidelines for Existing Sources: Commercial and
Industrial Solid Waste Incineration Units'', published at 76
Fed. Reg. 15704 (March 21, 2011).
(4) ``Identification of Non-Hazardous Secondary Materials
That Are Solid Waste'', published at 76 Fed. Reg. 15456 (March
21, 2011).
(c) Inapplicability of Certain Provisions.--With respect to any
standard required by subsection (a) to be promulgated in regulations
under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions
of subsections (g)(2) and (j) of such section 112 shall not apply prior
to the effective date of the standard specified in such regulations.
SEC. 3. COMPLIANCE DATES.
(a) Establishment of Compliance Dates.--For each regulation
promulgated pursuant to section 2, the Administrator--
(1) shall establish a date for compliance with standards
and requirements under such regulation that is, notwithstanding
any other provision of law, not earlier than 5 years after the
effective date of the regulation; and
(2) in proposing a date for such compliance, shall take
into consideration--
(A) the costs of achieving emissions reductions;
(B) any non-air quality health and environmental
impact and energy requirements of the standards and
requirements;
(C) the feasibility of implementing the standards
and requirements, including the time needed to--
(i) obtain necessary permit approvals; and
(ii) procure, install, and test control
equipment;
(D) the availability of equipment, suppliers, and
labor, given the requirements of the regulation and
other proposed or finalized regulations of the
Environmental Protection Agency; and
(E) potential net employment impacts.
(b) New Sources.--The date on which the Administrator proposes a
regulation pursuant to section 2(a)(1) establishing an emission
standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412,
7429) shall be treated as the date on which the Administrator first
proposes such a regulation for purposes of applying the definition of a
new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4))
or the definition of a new solid waste incineration unit under section
129(g)(2) of such Act (42 U.S.C. 7429(g)(2)).
(c) Rule of Construction.--Nothing in this Act shall be construed
to restrict or otherwise affect the provisions of paragraphs (3)(B) and
(4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)).
SEC. 4. ENERGY RECOVERY AND CONSERVATION.
Notwithstanding any other provision of law, and to ensure the
recovery and conservation of energy consistent with the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the
``Resource Conservation and Recovery Act''), in promulgating rules
under section 2(a) addressing the subject matter of the rules specified
in paragraphs (3) and (4) of section 2(b), the Administrator--
(1) shall adopt the definitions of the terms ``commercial
and industrial solid waste incineration unit'', ``commercial
and industrial waste'', and ``contained gaseous material'' in
the rule entitled ``Standards of Performance for New Stationary
Sources and Emission Guidelines for Existing Sources:
Commercial and Industrial Solid Waste Incineration Units'',
published at 65 Fed. Reg. 75338 (December 1, 2000); and
(2) shall identify non-hazardous secondary material to be
solid waste only if--
(A) the material meets such definition of
commercial and industrial waste; or
(B) if the material is a gas, it meets such
definition of contained gaseous material.
SEC. 5. OTHER PROVISIONS.
(a) Establishment of Standards Achievable in Practice.--In
promulgating rules under section 2(a), the Administrator shall ensure
that emissions standards for existing and new sources established under
section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as
applicable, can be met under actual operating conditions consistently
and concurrently with emission standards for all other air pollutants
regulated by the rule for the source category, taking into account
variability in actual source performance, source design, fuels, inputs,
controls, ability to measure the pollutant emissions, and operating
conditions.
(b) Regulatory Alternatives.--For each regulation promulgated
pursuant to section 2(a), from among the range of regulatory
alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et
seq.) including work practice standards under section 112(h) of such
Act (42 U.S.C. 7412(h)), the Administrator shall impose the least
burdensome, consistent with the purposes of such Act and Executive
Order No. 13563 published at 76 Fed. Reg. 3821 (January 21, 2011).
Passed the House of Representatives October 13, 2011.
Attest:
KAREN L. HAAS,
Clerk. | EPA Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters; (2) the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers; (3) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; and (4) Identification of Non-Hazardous Secondary Materials That are Solid Waste.
Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate and finalize on the date that is 15 months after the date of the enactment of this Act regulations for industrial, commercial, and institutional boilers and process heaters and commercial and industrial solid waste incinerator units subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, heaters, or incinerator units, are solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act. Requires the Administrator to establish a date for compliance with standards and requirements under such regulations, which shall be no earlier than five years after such a regulation's effective date, after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts.
Treats the date on which the Administrator proposes such a regulation establishing an emission standard as the proposal date for purposes of applying the definition of a "new source" to hazardous air pollutants requirements or of a "new solid waste incineration unit" to solid waste combustion requirements under the Clean Air Act.
Requires the Administrator, in promulgating such regulations, to: (1) adopt the definitions of "commercial and industrial solid waste incineration unit," "commercial and industrial waste," and "contained gaseous material" in the rule entitled Standards for Performance of New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; (2) identify non-hazardous secondary material to be solid waste only if the material meets such definitions; (3) ensure that emissions standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category, taking into account variability in actual source performance, source design, fuels, inputs, controls, ability to measure the pollutant emissions, and operating conditions; and (4) impose the least burdensome regulatory alternative. | {"src": "billsum_train", "title": "To provide additional time for the Administrator of the Environmental Protection Agency to issue achievable standards for industrial, commercial, and institutional boilers, process heaters, and incinerators, and for other purposes."} | 1,713 | 661 | 0.75573 | 2.256808 | 0.860021 | 5.031142 | 2.515571 | 0.958478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hyde and Related Amendments
Codification Act''.
SEC. 2. PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR
CONSCIENCE PROTECTIONS.
(a) In General.--Title 1, United States Code is amended by adding
at the end the following new chapter:
``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR
CONSCIENCE PROTECTIONS
``Sec.
``301. Prohibition on funding for abortions.
``302. Prohibition on funding for health benefits plans that cover
abortion.
``303. Limitation on Federal facilities and employees.
``304. Construction relating to separate coverage.
``305. Construction relating to the use of non-Federal funds for health
coverage.
``306. Non-preemption of other Federal laws.
``307. Construction relating to complications arising from abortion.
``308. Treatment of abortions related to rape, incest, or preserving
the life of the mother.
``309. Application to District of Columbia.
``310. No government discrimination against certain health care
entities.
``Sec. 301. Prohibition on funding for abortions
``No funds authorized or appropriated by Federal law, and none of
the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for any abortion.
``Sec. 302. Prohibition on funding for health benefits plans that cover
abortion
``None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
``Sec. 303. Limitation on Federal facilities and employees
``No health care service furnished--
``(1) by or in a health care facility owned or operated by
the Federal Government; or
``(2) by any physician or other individual employed by the
Federal Government to provide health care services within the
scope of the physician's or individual's employment,
may include abortion.
``Sec. 304. Construction relating to separate coverage
``Nothing in this chapter shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
``Sec. 305. Construction relating to the use of non-Federal funds for
health coverage
``Nothing in this chapter shall be construed as restricting the
ability of any non-Federal health benefits coverage provider from
offering abortion coverage, or the ability of a State or locality to
contract separately with such a provider for such coverage, so long as
only funds not authorized or appropriated by Federal law are used and
such coverage shall not be purchased using matching funds required for
a federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
``Sec. 306. Non-preemption of other Federal laws
``Nothing in this chapter shall repeal, amend, or have any effect
on any other Federal law to the extent such law imposes any limitation
on the use of funds for abortion or for health benefits coverage that
includes coverage of abortion, beyond the limitations set forth in this
chapter.
``Sec. 307. Construction relating to complications arising from
abortion
``Nothing in this chapter shall be construed to apply to the
treatment of any infection, injury, disease, or disorder that has been
caused by or exacerbated by the performance of an abortion. This rule
of construction shall be applicable without regard to whether the
abortion was performed in accord with Federal or State law, and without
regard to whether funding for the abortion is permissible under section
308.
``Sec. 308. Treatment of abortions related to rape, incest, or
preserving the life of the mother
``The limitations established in sections 301, 302, and 303 shall
not apply to an abortion--
``(1) if the pregnancy is the result of an act of rape or
incest; or
``(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself.
``Sec. 309. Application to District of Columbia
``In this chapter:
``(1) Any reference to funds appropriated by Federal law
shall be treated as including any amounts within the budget of
the District of Columbia that have been approved by Act of
Congress pursuant to section 446 of the District of Columbia
Home Rule Act (or any applicable successor Federal law).
``(2) The term `Federal Government' includes the government
of the District of Columbia.
``Sec. 310. No government discrimination against certain health care
entities
``(a) Nondiscrimination.--A Federal agency or program, and any
State or local government that receives Federal financial assistance
(either directly or indirectly), may not subject any individual or
institutional health care entity to discrimination on the basis that
the health care entity does not provide, pay for, provide coverage of,
or refer for abortions.
``(b) Health Care Entity Defined.--For purposes of this section,
the term `health care entity' includes an individual physician or other
health care professional, a hospital, a provider-sponsored
organization, a health maintenance organization, a health insurance
plan, or any other kind of health care facility, organization, or plan.
``(c) Remedies.--
``(1) In general.--The courts of the United States shall
have jurisdiction to prevent and redress actual or threatened
violations of this section by issuing any form of legal or
equitable relief, including--
``(A) injunctions prohibiting conduct that violates
this section; and
``(B) orders preventing the disbursement of all or
a portion of Federal financial assistance to a State or
local government, or to a specific offending agency or
program of a State or local government, until such time
as the conduct prohibited by this section has ceased.
``(2) Commencement of action.--An action under this
subsection may be instituted by--
``(A) any health care entity that has standing to
complain of an actual or threatened violation of this
section; or
``(B) the Attorney General of the United States.
``(d) Administration.--The Secretary of Health and Human Services
shall designate the Director of the Office for Civil Rights of the
Department of Health and Human Services--
``(1) to receive complaints alleging a violation of this
section;
``(2) subject to paragraph (3), to pursue the investigation
of such complaints in coordination with the Attorney General;
and
``(3) in the case of a complaint related to a Federal
agency (other than with respect to the Department of Health and
Human Services) or program administered through such other
agency or any State or local government receiving Federal
financial assistance through such other agency, to refer the
complaint to the appropriate office of such other agency.''.
(b) Amendment to Table of Chapters.--The table of chapters for
title 1, United States Code, is amended by adding at the end the
following new item:
``4. Prohibiting taxpayer funded abortions and providing for 301''.
conscience protections. | Hyde and Related Amendments Codification Act- Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion.
Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.)
Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District.
Excludes from such prohibitions an abortion if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician.
Makes such prohibitions applicable to District of Columbia funds.
Codifies the prohibition against a federal agency or program or any state or local government that receives federal financial assistance from subjecting any individual or health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. Creates a cause of action for any violations of such provisions. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including an injunction or order preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive, investigate, and refer to the appropriate federal agency complaints alleging a violation of such provisions. | {"src": "billsum_train", "title": "A bill to prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes."} | 1,738 | 450 | 0.633647 | 2.023311 | 0.817626 | 4.324873 | 4.091371 | 0.913706 |
SECTION 1. SIX-YEAR STATUTE OF LIMITATIONS FOR INVESTIGATIONS INVOLVING
OFFSHORE SECRECY JURISDICTIONS.
(a) In General.--Section 6501(c) of the Internal Revenue Code of
1986 (relating to exceptions from limitations on assessment and
collection) is amended by adding at the end the following new
paragraph:
``(11) Returns involving offshore secrecy jurisdictions.--
If, for any taxable year, any item of a taxpayer (other than an
entity the ownership interests in which are regularly traded on
an established securities market) is an offshore secrecy
jurisdiction item (as defined in subsection (n)), the tax
imposed by this title for such taxable year may be assessed, or
a proceeding in court for the collection of such tax may be
begun without assessment, at any time within 6 years after the
return of such tax was filed.''.
(b) Terms Relating to Offshore Secrecy Jurisdiction Items.--Section
6501 of the Internal Revenue Code of 1986 (relating to limitations on
assessment and collection) is amended by redesignating subsection (n)
as subsection (o) and by inserting after subsection (m) the following
new subsection:
``(n) Terms Relating to Offshore Secrecy Jurisdiction Items.--For
purposes of subsection (c)(11)--
``(1) Offshore secrecy jurisdiction item.--The term
`offshore secrecy jurisdiction item' means any item of a
taxpayer which is directly or indirectly attributable to any
account, entity, or transaction involving an offshore secrecy
jurisdiction. Such term shall include any item directly or
indirectly attributable to--
``(A) the formation or ownership by the taxpayer of
any applicable account or entity (or any interest in
such account or entity),
``(B) the transfer of any money or other property
by the taxpayer to any applicable account or entity or
the transfer by the taxpayer of any interest in such
account or entity, or
``(C) the receipt, or use, by the taxpayer of any
money or other property from any applicable account or
entity.
``(2) Applicable account or entity.--The term `applicable
account or entity' means any financial account, or any entity
(including a trust, corporation, limited liability company,
partnership, or foundation), which is formed, located,
domiciled, or operating in an offshore secrecy jurisdiction.
Such term shall not include an entity the ownership interests
in which are regularly traded on an established securities
market.
``(3) Offshore secrecy jurisdiction.--
``(A) In general.--The term `offshore secrecy
jurisdiction' means any foreign jurisdiction which the
Secretary determines for purposes of this subsection is
a jurisdiction which--
``(i) has corporate, business, bank, or tax
secrecy rules or practices which, in the
judgment of the Secretary, unreasonably
restrict the ability of the United States to
obtain information relevant to the enforcement
of this title, and
``(ii) does not have effective information
exchange practices.
``(B) Secrecy or confidentiality rules and
practices.--For purposes of subparagraph (A)(i),
corporate, business, bank, or tax secrecy or
confidentiality rules and practices include both formal
laws and regulations and informal government or
business practices which have the effect of inhibiting
access of law enforcement and tax administration
authorities to information regarding beneficial
ownership and other financial information.
``(C) Ineffective information exchange practices.--
For purposes of subparagraph (A)(ii), a jurisdiction
shall be deemed to have ineffective information
exchange practices unless the Secretary determines, on
an annual basis, that--
``(i) such jurisdiction has in effect a
treaty or other information exchange agreement
with the United States which provides for the
prompt and obligatory exchange of such
information which is relevant for carrying out
the provisions of the treaty or agreement or
the administration or enforcement of this
title,
``(ii) during the 12-month period preceding
the annual determination, the exchange of
information between the United States and such
jurisdiction was in practice adequate to carry
out the provisions of the treaty or agreement;
and
``(iii) during the 12-month period
preceding the annual determination, such
jurisdiction was not identified by an
intergovernmental group or organization of
which the United States is a member as
uncooperative with international tax
enforcement or information exchange and the
United States concurs in such
identification.''.
SEC. 2. SUSPENSION OF STATUTE OF LIMITATIONS WHILE SUMMONS FOR FOREIGN
BASED RECORDS IS PENDING.
Section 6503 of the Internal Revenue Code of 1986 (relating to
suspension of running of period of limitation) is amended by
redesignating subsection (k) as subsection (l) and by inserting after
subsection (j) the following new subsection:
``(l) Suspension While Summons for Records of Foreign Account,
Entity, or Transaction Is Pending.--
``(1) In general.--If any summons is issued by the
Secretary to a taxpayer (or to any other person to whom the
taxpayer has transferred records) with respect to a return of
tax by such taxpayer, and such summons requires the production
of records relating to an account, entity, or transaction
involving a foreign jurisdiction, the running of any period of
limitations under section 6501 on the assessment of such tax
shall be suspended during any judicial enforcement period (as
defined in subsection (j)(3)) with respect to such summons and
for 120 days thereafter. This subsection shall not apply to a
summons for the production of records relating to a foreign
entity the ownership interests in which are regularly traded on
an established securities market designated by the Secretary
for purposes of this subsection.
``(2) Specific application.--Except as provided in the last
sentence of paragraph (1), this subsection shall apply in any
case where the summons referred to in paragraph (1) relates
to--
``(A) a financial account, or an entity (including
a trust, corporation, limited liability company,
partnership, or foundation), formed, located, domiciled
or operating in a foreign jurisdiction, or
``(B) a case in which the taxpayer directly or
indirectly transferred money or other property to, or
received money or property from, such an account or
entity or any other person in a foreign
jurisdiction.''.
SEC. 3. EXTENSION OF STATUTE OF LIMITATIONS DURING FAILURE TO NOTIFY
SECRETARY OF CERTAIN FOREIGN TRANSFERS.
Section 6501(c)(8) of the Internal Revenue Code of 1986 (relating
to failure to notify Secretary of certain foreign transfers) is amended
by striking ``event'' and inserting ``tax return''.
SEC. 4. EXCEPTION TO STATUTE OF LIMITATIONS ON COLLECTION IN CASE OF
ATTEMPT TO EVADE COLLECTION.
Section 6502 of the Internal Revenue Code of 1986 (relating to
collection after assessment) is amended by adding at the end the
following new subsection:
``(c) Exception in Case of Attempt to Evade Payment.--In a case of
a willful attempt in any manner to evade or defeat the payment of any
tax that has been assessed under this title, the time for collection of
such tax by levy or by a proceeding in court shall not expire before
the date which is 10 years after such attempt.''.
SEC. 5. EFFECTIVE DATES.
(a) In General.--The amendments made by this Act (other than
section 4) shall apply to--
(1) returns filed after the date of the enactment of this
Act; and
(2) returns filed on or before such date if the period
specified in section 6501 of the Internal Revenue Code of 1986
(determined without regard to such amendments) for assessment
of such taxes has not expired as of such date.
(b) Collections.--The amendment made by section 4 shall apply to--
(1) assessments made after the date of the enactment of
this Act; and
(2) assessments made on or before such date if the period
specified in section 6502 of the Internal Revenue Code of 1986
(determined without regard to such amendment) for collection of
such taxes has not expired as of such date. | Amends the Internal Revenue Code to: (1) establish a six year limitation period on assessment and collection of tax for tax returns involving offshore secrecy jurisdictions (defined as foreign jurisdictions which unreasonably restrict information required to enforce U.S. tax laws and which have ineffective information exchange practices); (2) suspend the limitation period for assessment and collection of tax while a summons for tax records involving a foreign jurisdiction is pending; (3) extend the limitation period during any failure by a taxpayer to give notice of certain foreign transactions; and (4) extend the period for collection of tax after assessment in the case of a willful attempt to evade or defeat payment of tax to 10 years after such attempt. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to double the period of limitations for returns involving offshore secrecy jurisdictions, to modify certain other provisions relating to the statute of limitations, and for other purposes."} | 1,852 | 153 | 0.505626 | 1.42976 | 0.619358 | 2.11194 | 12.402985 | 0.91791 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Scott Gardner
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Improved Federal sharing of immigration information.
Sec. 4. State and local reporting of immigration information.
Sec. 5. DWI and immigration information in the National Criminal
Information Center.
Sec. 6. State and local enforcement of Federal immigration laws.
Sec. 7. Detention and deportation of aliens for driving while
intoxicated.
Sec. 8. Federal detention facilities.
SEC. 2. DEFINITIONS.
In this Act:
(1) DWI.--The term ``DWI'' means driving while intoxicated
and any similar motor vehicle violation.
(2) Federal immigration database.--The term ``Federal
immigration database'' means--
(A) the database of the LESC insofar as it relates
to immigration information;
(B) the database of the NCIC insofar as it relates
to immigration information; and
(C) any other database containing immigration
information identified by the Secretary of Homeland
Security.
(3) Immigration information.--The term ``immigration
information'' means information specified by the Secretary, in
consultation with the Attorney General, relating to
immigration, including illegal immigration.
(4) LESC.--The term ``LESC'' means the Law Enforcement
Support Center.
(5) NCIC.--The term ``NCIC'' means the National Crime
Information Center of the Federal Bureau of Investigation.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. IMPROVED FEDERAL SHARING OF IMMIGRATION INFORMATION.
(a) In General.--The Secretary shall share immigration information
with the Attorney General.
(b) Improved Operation of Federal Immigration Databases.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary and the Attorney General
shall jointly submit to Congress a report on methods for
improving performance of Federal immigration databases to
ensure the prompt entry of immigration information into such
databases.
(2) Compatibility.--The report submitted under paragraph
(1) shall contain proposals to improve the compatibility among
Federal immigration databases in order to--
(A) improve data entry, including eliminating data
entry backlogs;
(B) improve the means by which immigration
information is exchanged; and
(C) increase accessibility of information to
Federal, State, and local law enforcement agencies.
(3) Progress.--The report submitted under paragraph (1)
shall describe--
(A) the progress made in eliminating data entry
backlogs in such databases; and
(B) any additional resources required to eliminate
such backlogs.
SEC. 4. STATE AND LOCAL REPORTING OF IMMIGRATION INFORMATION.
(a) Requirement.--
(1) In general.--Subject to subsection (c), the director of
each State and local law enforcement agency receiving Federal
financial assistance under section 241(i) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)) shall, as a condition of
such assistance, submit a report to the Secretary, in such
form, in such manner, and containing such immigration and DWI
information collected in the course of the director's normal
duties as the Secretary requires for entry into Federal
immigration databases.
(2) Report on resources.--Not later than 90 days after the
date of the enactment of this Act, the Secretary and the
Attorney General shall jointly submit to Congress a report on
additional resources required by State and local law
enforcement agencies to comply with the requirement under
paragraph (1).
(b) Promotion of Law Enforcement Support Center.--The Secretary
shall promote the use of the LESC by State and local law enforcement
agencies.
(c) Exemption From State and Local Reporting Requirement.--State
and local law enforcement agencies are not required to collect or
report immigration information relating to any individual who assists
law enforcement agencies in the performance of the duties of such
agencies, including assistance as an informant, a witness, or in a
similar capacity.
SEC. 5. DWI AND IMMIGRATION INFORMATION IN THE NATIONAL CRIMINAL
INFORMATION CENTER.
(a) Inclusion.--DWI and immigration information in the NCIC--
(1) shall appear as a flag in the Wanted Person File of the
NCIC database; and
(2) shall be timely and readily available to State and
local law enforcement officers while they are in the course of
their normal duties.
(b) Mandatory Detention.--A State or local law enforcement officer
who finds a flag for a DWI and immigration violation of an alien in the
Wanted Person File of the NCIC and who arrests the alien shall detain
the alien in a State or local jail until the alien can be transferred
to Federal custody.
SEC. 6. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
(a) In General.--Section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) is amended--
(1) in paragraph (1), by striking ``may enter'' and
inserting ``shall enter'';
(2) in paragraph (2), by adding at the end the following:
``If such training is provided by a State or political
subdivision of a State to an officer or employee of such State
or political subdivision of a State, the cost of such training
(including applicable overtime costs) shall be reimbursed by
the Secretary of Homeland Security.'';
(3) by striking paragraph (9); and
(4) by redesignating paragraph (10) as paragraph (9).
(b) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue regulations to carry
out the amendments made by subsection (a).
(c) Effective Dates.--
(1) Requirement for agreement.--Except as provided under
paragraph (2), the amendments made by subsection (a) shall take
effect on the earlier of--
(A) the date on which regulations are issued under
paragraph (1); and
(B) the date that is 1 year after the date of the
enactment of this Act.
(2) Payment for training costs.--The amendment made by
subsection (a)(2) shall take effect on the first day of the
first fiscal year beginning after the date of the enactment of
this Act.
SEC. 7. DETENTION AND DEPORTATION OF ALIENS FOR DRIVING WHILE
INTOXICATED.
(a) In General.--Section 236 of the Immigration and Nationality Act
(8 U.S.C. 1226) is amended--
(1) in subsection (c)(1)--
(A) in subparagraph (C), by striking ``, or'' at
the end;
(B) in subparagraph (D), by striking the comma at
the end and inserting ``; or''; and
(C) by inserting after subparagraph (D) the
following:
``(E) is deportable on any grounds and is
apprehended for driving while intoxicated, driving
under the influence, or similar violation of State law
(as determined by the Secretary of Homeland Security)
by a State or local law enforcement officer covered
under an agreement under section 287(g),'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(e) Driving While Intoxicated.--If a State or local law
enforcement officer apprehends an individual for an offense described
in subsection (c)(1)(E) and the officer has reasonable grounds to
believe that the individual is an alien--
``(1) the officer shall use the databases of the Federal
Government, including the National Criminal Information Center
and the Law Enforcement Support Center, to determine if the
individual--
``(A) is an alien; and
``(B) is unlawfully present in the United States;
and
``(2) if any database under paragraph (1) indicates that
the individual is an alien unlawfully present in the United
States--
``(A) an officer covered under an agreement under
section 287(g) may issue a Federal detainer to maintain
the alien in custody in accordance with such agreement
until the alien is convicted for such offense or the
alien is transferred to Federal custody;
``(B) the officer may transport the alien to a
location where the alien can be transferred to Federal
custody and removed from the United States in
accordance with applicable law; and
``(C) the Secretary of Homeland Security shall
reimburse the State and local law enforcement agencies
involved for the costs of transporting aliens when such
transportation is not done in the course of their
normal duties; or
``(3) if any database under paragraph (1) indicates that
the individual is an alien that is not unlawfully present in
the United States, the officer shall--
``(A) take the alien into custody for such offense
in accordance with State law;
``(B) promptly notify the Secretary of Homeland
Security of such apprehension; and
``(C) maintain the alien in custody pending a
determination by the Secretary with respect to any
action to be taken by the Secretary against such
alien.''.
(b) Deportation for Driving While Intoxicated.--
(1) In general.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at
the end the following:
``(F) Driving while intoxicated.--Any alien who is
convicted of driving while intoxicated, driving under
the influence, or a similar violation of State law (as
determined by the Secretary of Homeland Security), or
who refuses, in violation of State law, to submit to a
Breathalyzer test or other test for the purpose of
determining blood alcohol content is deportable and
shall be deported.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to violations or refusals occurring after the date
of enactment of this Act.
(c) Sharing of Information by Motor Vehicle Administrators
Regarding DWI Convictions and Refusals.--Each State motor vehicle
administrator shall--
(1) share information with the Secretary relating to any
alien who has a conviction or refusal described in section
237(a)(2)(F) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)(F));
(2) share such information with other State motor vehicle
administrators through the Drivers License Agreement of the
American Association of Motor Vehicle Administrators; and
(3) provide such information to the NCIC at such time and
in such form as the Secretary may require.
SEC. 8. FEDERAL DETENTION FACILITIES.
(a) Report on Current Allocation Formula; Recommendations for Stop-
Gap Measures.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit a report to Congress that
describes the formula for allocation of Federal detention facilities
for aliens under section 241(g) of the Immigration and Nationality Act
(8 U.S.C. 1231(g)). The report shall include proposals for the
temporary expansion of State and local jails to detain increased
numbers of illegal aliens pending construction or expansion of Federal
detention facilities.
(b) New Construction in High Concentration Areas.--In accordance
with such section 241(g), the Secretary shall ensure that, to the
greatest extent practicable, construction of new detention facilities
is undertaken in or near areas in which the Secretary has determined
that there is a high concentration of illegal aliens.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Scott Gardner Act - Directs the Secretary of Homeland Security to share immigration information with the Attorney General. Requires a joint report from such officials to Congress on improving the performance of federal immigration databases to ensure the prompt entry of immigration information.
Requires: (1) the director of each state and local law enforcement agency receiving federal incarceration funds under the Immigration and Nationality Act (INA) to collect and report to the Secretary all immigration and DWI (driving while intoxicated) information collected in the course of normal duties; (2) such information to appear in the wanted person file of the National Criminal Information Center (NCIC) database; and (3) state or local detention of an arrested flagged alien pending federal transfer.
Amends INA to: (1) require the Secretary to reimburse the costs of training state and local law enforcement employees on federal immigration laws; and (2) authorize the apprehension and detention of an alien for DWI or a similar violation, as long as the alien is deportable on any other grounds or is an illegal alien.
Requires each state motor vehicle administrator to share with the Secretary all information concerning aliens with records of DWI convictions or refusals to take sobriety tests.
Directs the Secretary to submit to Congress a formula for the allocation of federal detention facilities for aliens. | {"src": "billsum_train", "title": "A bill to improve sharing of immigration information among Federal, State, and local law enforcement officials, to improve State and local enforcement of immigration laws, and for other purposes."} | 2,655 | 287 | 0.618326 | 1.800079 | 0.783128 | 2.904382 | 9.482072 | 0.912351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Good IRA Rollover Act''.
SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR
CHARITABLE PURPOSES.
(a) In General.--Subsection (d) of section 408 of the Internal
Revenue Code of 1986 (relating to individual retirement accounts) is
amended by adding at the end the following new paragraph:
``(8) Distributions for charitable purposes.--
``(A) In general.--No amount shall be includible in
gross income by reason of a qualified charitable
distribution.
``(B) Qualified charitable distribution.--For
purposes of this paragraph, the term `qualified
charitable distribution' means any distribution from an
individual retirement account--
``(i) which is made directly by the
trustee--
``(I) to an organization described
in section 170(c), or
``(II) to a split-interest entity,
and
``(ii) which is made on or after the date
that the individual for whose benefit the
account is maintained has attained--
``(I) in the case of any
distribution described in clause
(i)(I), age 70\1/2\, and
``(II) in the case of any
distribution described in clause
(i)(II), age 59\1/2\.
A distribution shall be treated as a qualified
charitable distribution only to the extent that the
distribution would be includible in gross income
without regard to subparagraph (A) and, in the case of
a distribution to a split-interest entity, only if no
person holds an income interest in the amounts in the
split-interest entity attributable to such distribution
other than one or more of the following: the individual
for whose benefit such account is maintained, the
spouse of such individual, or any organization
described in section 170(c).
``(C) Contributions must be otherwise deductible.--
For purposes of this paragraph--
``(i) Direct contributions.--A distribution
to an organization described in section 170(c)
shall be treated as a qualified charitable
distribution only if a deduction for the entire
distribution would be allowable under section
170 (determined without regard to subsection
(b) thereof and this paragraph).
``(ii) Split-interest gifts.--A
distribution to a split-interest entity shall
be treated as a qualified charitable
distribution only if a deduction for the entire
value of the interest in the distribution for
the use of an organization described in section
170(c) would be allowable under section 170
(determined without regard to subsection (b)
thereof and this paragraph).
``(D) Application of section 72.--Notwithstanding
section 72, in determining the extent to which a
distribution is a qualified charitable distribution,
the entire amount of the distribution shall be treated
as includible in gross income without regard to
subparagraph (A) to the extent that such amount does
not exceed the aggregate amount which would be so
includible if all amounts were distributed from all
individual retirement accounts otherwise taken into
account in determining the inclusion on such
distribution under section 72. Proper adjustments shall
be made in applying section 72 to other distributions
in such taxable year and subsequent taxable years.
``(E) Special rules for split-interest entities.--
``(i) Charitable remainder trusts.--
Notwithstanding section 664(b), distributions
made from a trust described in subparagraph
(G)(i) shall be treated as ordinary income in
the hands of the beneficiary to whom is paid
the annuity described in section 664(d)(1)(A)
or the payment described in section
664(d)(2)(A).
``(ii) Pooled income funds.--No amount
shall be includible in the gross income of a
pooled income fund (as defined in subparagraph
(G)(ii)) by reason of a qualified charitable
distribution to such fund, and all
distributions from the fund which are
attributable to qualified charitable
distributions shall be treated as ordinary
income to the beneficiary.
``(iii) Charitable gift annuities.--
Qualified charitable distributions made for a
charitable gift annuity shall not be treated as
an investment in the contract.
``(F) Denial of deduction.--Qualified charitable
distributions shall not be taken into account in
determining the deduction under section 170.
``(G) Split-interest entity defined.--For purposes
of this paragraph, the term `split-interest entity'
means--
``(i) a charitable remainder annuity trust
or a charitable remainder unitrust (as such
terms are defined in section 664(d)) which must
be funded exclusively by qualified charitable
distributions,
``(ii) a pooled income fund (as defined in
section 642(c)(5)), but only if the fund
accounts separately for amounts attributable to
qualified charitable distributions, and
``(iii) a charitable gift annuity (as
defined in section 501(m)(5)).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2002. | Public Good IRA Rollover Act - Amends the Internal Revenue Code to permit tax-free distributions from an individual retirement account made directly to a qualified charity. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow tax-free distributions from individual retirement accounts for charitable purposes."} | 1,184 | 37 | 0.481736 | 1.042787 | 0.918747 | 2.62069 | 35.172414 | 0.896552 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Alaska Native
Claims Technical Amendments Act of 1999''.
(b) Reference.--Whenever in this Act a section or other provision
is amended or repealed, such amendment or repeal shall be considered to
be made to that section or other provision of the Alaska Native Claims
Settlement Act (43 U.S.C. 1601, et seq.).
SEC. 2. COMMON STOCK TO ADOPTED-OUT DESCENDANTS.
Section 7(h)(1)(C)(iii) of the Act (43 U.S.C. 1606(h)(1)(C)(iii))
is amended by inserting before the period at the end the following: ``,
notwithstanding an adoption, relinquishment, or termination of parental
rights that may have altered or severed the legal relationship between
the gift donor and recipient''.
SEC. 3. RELATION TO CIVIL RIGHTS ACT OF 1964.
Section 29(g) of the Act (43 U.S.C. 1626(g)) is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2) Any corporation, partnership, joint venture, sole
proprietorship, trust, or affiliate with which a Native Corporation or
its affiliate engages in one or more commercial transactions that
exceed a total of $20,000 in a calendar year shall, when in the course
and scope of such commercial transaction, be within the class of
entities excluded from the definition of `employer' by section
701(b)(1) of Public Law 88-352 (78 Stat. 253).''.
SEC. 4. DEFINITION OF SETTLEMENT TRUST.
Section 3(t)(2) of the Act (43 U.S.C. 1602(t)(2)) is amended by
striking ``sole'' and all that follows through ``Stock'' and inserting
``benefit of shareholders, Natives, and descendants of Natives,''.
SEC. 5. ALASKA NATIVE VETERANS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended as follows:
(1) In subsection (a)(1), insert ``amended'' after
``promulgation of''.
(2) In subsection (a)(1), strike ``subsection (b)'' and
insert ``subsection (b)(1) or (b)(2)'';
(3) In subsection (a)(1), insert ``and may submit an
application for an allotment to the Secretary in accordance
with the provisions of this section'' after ``December 18,
1971''.
(4) Strike subsection (a)(2) and insert the following:
``(2) Allotments may be selected only from--
``(A) lands that were vacant, unappropriated, and
unreserved on the date when the person eligible for the
allotment first used and occupied those lands;
``(B) lands in the National Petroleum Reserve-
Alaska which the person eligible for the allotment used
and occupied;
``(C) lands that were not vacant, unappropriated,
and unreserved on the date when the person eligible for
the allotment first used and occupied those lands, but
which, prior to December 18, 1971, became vacant,
unappropriated, and unreserved during the time that the
person eligible for the allotment used and occupied
those lands; or
``(D) lands that were not vacant, unappropriated,
and unreserved on the date when the person eligible for
the allotment first used and occupied those lands, but
which became vacant, unappropriated, and unreserved
after December 18, 1971, and remain vacant,
unappropriated, and unreserved.''.
(5) In subsection (a)(3)(B), insert ``, and not
relinquished'' after ``provision of law''.
(6) In subsection (a)(3)(C), strike ``Village or Regional''
and insert ``Regional, Village, Urban, or Group''.
(7) In subsection (a)(3)(C), insert ``, and not
relinquished'' after ``Corporation''.
(8) In subsection (a)(3)(E), insert ``Federal'' after
``acquired''.
(9) In subsection (a)(3)(I), strike ``, including but not
limited to the following'' and all that follows through
``Cemetery sites''.
(10) In subsection (a)(4), insert ``described in subsection
(b)(1) or (b)(2)'' after ``A person''.
(11) In subsection (a)(4)(B), strike ``(C)'' after
``section 11(a)(1)''.
(12) In subsection (a)(4)(B), strike ''Park; and'' and
insert ``Park; or''.
(13) In subsection (a)(4)(C), insert ``, or lands withdrawn
solely under section 17(d)(1) of this Act'' after ``lands''.
(14) In subsection (b)(1), strike ``A person'' and insert
``Except as provided in paragraph (3), a person''.
(15) In subsection (b)(1)(B), strike ``January 1, 1969 and
December 31, 1971'' and all that follows through ``December 3,
1971'', and insert ``August 5, 1964, and May 7, 1975, and
served on active duty for at least 6 months''.
(16) In subsection (b)(2), insert ``(as defined pursuant to
State law)'' after ``personal representative''.
(17) In subsection (b)(2), strike ``who was'' and insert
``which decedent would have been''.
(18) In subsection (b)(2), strike ``subsection (b)(1)'' and
insert ``paragraph (1),''.
(19) In subsection (b)(2), strike ``if, during'' and all
that follows through ``prisoner of war.'' and insert ``under
this section.''.
(20) In subsection (b)(3)--
(A) insert ``previously applied for the same
allotment,'' after ``No person who received an
allotment,'';
(B) insert ``application'' after ``pending
allotment'';
(C) strike ``receive'' and insert ``apply for'';
and
(D) insert before the period ``, other than a
person acting in the capacity of a personal
representative of an estate selecting an allotment
pursuant to paragraph (2)''.
(21) In subsection (e)--
(A) strike ``of this section'' and insert ``of the
Alaska Native Claims Technical Amendments Act of
1999'';
(B) strike ``of the Interior'' after ``Secretary'';
(C) insert ``amended'' after ``Alaska Native
groups''; and
(D) insert ``as amended'' after ``rules to carry
out this section''.
(22) Add at the end the following new subsection:
``(f) Approval of Allotments.--
``(1) In general.--Subject to valid existing rights, and
except as otherwise provided in this subsection, within 18
months after close of the application period, the Secretary
shall approve said application and issue a deed in accordance
with the Act of May 17, 1906, which shall be subject to the
same terms, conditions, and protections provided for such
deeds.
``(2) Notification.--Upon receipt of an allotment
application, but in any event, not later than 90 days after the
close of the application period, the Secretary shall notify the
State and all interested parties of the application and the
land description contained therein, and any such party shall
have 12 months following the close of the application period in
which to file with the Secretary a protest as provided in
paragraph (3).
``(3) Effect of protest.--Paragraph (1) shall not apply and
the Native allotment application shall be adjudicated pursuant
to the requirements of the Act of May 17, 1906 (Chapter 2469;
34 Stat. 197), this Act, and other applicable law, if, pursuant
to paragraph (2)--
``(A) a Native Corporation files a protest with the
Secretary stating that the applicant is not entitled to
the land described in the allotment application, and
said land is withdrawn for selection by or has been
conveyed to the Native Corporation pursuant to this
Act;
``(B) the State files a protest with the Secretary
stating that the land described in the allotment
application is necessary for access to lands owned by
the United States, the State of Alaska, or a political
subdivision of the State of Alaska, to resources
located thereon, or to a public body of water regularly
employed for transportation purposes, and the protest
states with specificity the facts upon which the
conclusions concerning access are based and that no
reasonable alternative for access exists;
``(C) a person or entity files a protest with the
Secretary stating that the applicant is not entitled to
the land described in the allotment application and
that said land is the situs of improvements claimed by
the person or entity; or
``(D) a person who resides in the vicinity of the
land described in the allotment application files a
protest with the Secretary stating that the land
described in the allotment application is land subject
to communal use.
``(4) Approval procedure.--Upon expiration of the 18 months
following the close of the application period pursuant to
subsection (a)(1), the Secretary shall--
``(A) if no protest is timely filed, approve the
application pursuant to paragraph (1); or
``(B) if a protest is timely filed, adjudicate the
legal sufficiency of any such protest, and--
``(i) if the protest is legally
insufficient, approve the application; or
``(ii) if the protest is valid, issue a
decision that closes the application and that
is final for the Secretary.''.
SEC. 6. APPLICABILITY OF NATIONAL WILDLIFE REFUGE RESTRICTIONS.
Section 22(g) of the Act is amended by striking ``Notwithstanding''
and all that follows through ``of such Refuge.''.
SEC. 7. ELIM NATIVE CORPORATION LAND RESTORATION.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following new section:
``elim native corporation land restoration
``Sec. 42. (a) Findings.--The Congress finds that--
``(1) approximately 350,000 acres of land were withdrawn by
Executive Orders in 1917 for the use of the United States
Bureau of Education and of the Natives of Indigenous Alaskan
race;
``(2) these lands comprised the Norton Bay Reservation
(later referred to as Norton Bay Native Reserve) and were set
aside for the benefit of the Native inhabitants of the Eskimo
Village of Elim, Alaska;
``(3) in 1929, an Executive Order deleted 50,000 acres of
land from the Norton Bay Reservation, without the informed
consent of the Native residents living on the Reservation, and
the people of Elim believe this deletion violated the Act of
March 3, 1927 (44 Stat. 1347);
``(4) there appears to have been only minimal consultation
conducted by the United States Government with the inhabitants
of Elim prior to this deletion of lands;
``(5) the lands were deleted from the Reservation for the
benefit of others;
``(6) the deleted lands were not offered to be restored to
the original Reservation when lands comprising the Reservation
were made available to the Native inhabitants of Elim under
section 19(b) of this Act at the time of passage of this Act;
``(7) the failure to replace these lands has been and
continues to be a source of deep concern to the indigenous
people of Elim;
``(8) until this matter is dealt with equitably, it will
continue to be a source of great frustration and sense of loss
among the shareholders of the Elim Native Corporation and their
descendants; and
``(9) in light of the above, to replace the lands deleted
in 1929 from the Norton Bay Reservation, which was established
for the benefit of the inhabitants of the Village of Elim,
50,000 acres of land should be conveyed to the Elim Native
Corporation.
``(b) Withdrawal and Availability for Selection.--The lands
described in subsection (c) are withdrawn, subject to valid existing
rights, from all forms of appropriation or disposition under the public
land laws, including the mining and mineral leasing laws, for a period
of 2 years from the date of enactment of this section, for selection by
the Elim Native Corporation.
``(c) Lands Described.--The lands described in this section are
within the boundary of a parcel of land in the vicinity of Elim,
Alaska, more particularly depicted and designated `Temporary Withdrawal
Area' on the map dated August 1, 1999, and entitled Land Withdrawal
Elim Native Corporation Land Restoration.
``(d) Authorization To Select and Receive Title to Lands;
Reservation of Easement.--The Elim Native Corporation is authorized to
select and receive title to 50,000 acres of lands within the boundary
of the lands described in subsection (c) to replace the lands deleted
from the original Norton Bay Reservation. The Secretary is authorized
and directed to receive and adjudicate a selection application filed by
the Elim Native Corporation, and to convey the surface and subsurface
estate in the selected lands to the Elim Native Corporation subject to
the following rules, conditions, and limitations:
``(1) The Elim Native Corporation shall have 2 years from
the date of the enactment of the Alaska Native Claims Technical
Amendments Act of 1999 in which to file its selection of no
more than 60,000 acres of land from the area described in
subsection (c). The selection application shall be filed with
the Bureau of land Management, shall describe a single tract
adjacent to U.S. Survey No. 2548, Alaska, and shall be
reasonably compact, contiguous, and in whole sections except
when separated by unavailable land or when the remaining
entitlement is less than a whole section. The Elim Native
Corporation shall prioritize its selections made pursuant to
this section at the time such selections are filed, and such
prioritization shall be irrevocable. Any lands selected shall
remain withdrawn until conveyed or full entitlement has been
achieved.
``(2) The selection filed by the Elim Native Corporation
pursuant to this section shall be subject to valid existing
rights and may not supersede prior selections of the State of
Alaska, any Native corporation, or valid entries of any private
individual unless such selection or entry is relinquished prior
to any selection by the Elim Native Corporation. Any lands held
within the exterior boundaries of lands conveyed to the Elim
Native Corporation shall have all rights of ingress and egress
to be vested in the inholder and the inholder's agents,
employees, co-venturers, licensees, or subsequent grantees, and
such easements shall be reserved in the conveyance to the Elim
Native Corporation.
``(3) The Bureau of Land Management shall reserve easements
to the United States for the benefit of the public pursuant to
section 17(b) of this Act in the conveyance to the Elim Native
Corporation.
``(4) The Bureau of Land Management may reserve an easement
for the Iditarod National Historic Trail in the conveyance to
the Elim Native Corporation.
``(e) Finality of Selections.--Selection by the Elim Native
Corporation of lands under subsection (d) and final conveyance of those
lands to Elim Native Corporation shall constitute full satisfaction of
any claim of entitlement of the Elim Native Corporation--
``(1) with respect to its land entitlements under section
19(b); and
``(2) with respect to the extinguishment of the Norton Bay
Reservation (as withdrawn by Executive Order No. 2508, dated
January 3, 1917, as amended by Executive Order No. 2525, dated
February 6, 1917).''.
SEC. 8. CLARIFICATION OF LIABILITY FOR CONTAMINATION.
The Act is further amended by adding after the section added by
section 7 of this Act, the following new section:
``clarification of liability for contamination
``Sec. 43. Notwithstanding section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, or any
other provision of law, no person acquiring any interest in land under
this Act shall be liable for the costs of removal or remedial action,
any damages, or any third party liability arising out of or as a result
of any contamination on that land at the time that such land was
acquired under this Act unless such person was directly responsible for
such contamination.''. | Alaska Native Claims Technical Amendments Act of 1999 - Amends the Alaska Native Claims Settlement Act to authorize an Alaska Native to transfer Settlement Common Stock to a descendant notwithstanding an adoption, relinquishment, or termination of parental rights that may have altered or severed the legal relationship between the donor and recipient.
(Sec. 3) Includes any corporation, partnership, joint venture, sole proprietorship, trust, or affiliate with which a Native Corporation or its affiliate engages in one or more commercial transactions that exceed $20,000 in a calendar year within the entities excluded from the definition of "employer" for purposes of application of the Civil Rights Act of 1964.
(Sec. 4) Includes as a Settlement Trust any trust operated for the benefit of shareholders (current law), Natives, and descendants of Natives.
(Sec. 5) Includes within lands authorized to be allotted to Alaska Native veterans lands: (1) in the National Petroleum Reserve-Alaska which the eligible person used and occupied; (2) that were not vacant, unappropriated, and unreserved when the eligible person first used and occupied such land, but which prior to December 18, 1971, became vacant, unappropriated, and unreserved during the time the eligible person used and occupied the land; or (3) that were not vacant, unappropriated, and unreserved when the eligible person first used and occupied such land, but which became vacant, unappropriated, and unreserved after the above date, and remain so.
Makes eligible for such allotments Alaska veterans who served during the period between August 5, 1964, and May 7, 1975 (currently, the period between January 1, 1969, and December 31, 1971) and served on active duty for at least six months. Outlines allotment approval procedures, including the right to protest a proposed allotment.
(Sec. 7) Withdraws for two years from all forms of appropriation under the public land laws certain lands in the vicinity of Elim, Alaska. Authorizes the Elim Native Corporation to select and receive title to 50, 000 acres of land within the withdrawn lands to replace lands deleted from the original Norton Bay Reservation by executive order in 1929. Outlines selection procedures. States that conveyance of selected lands shall constitute full satisfaction of Corporation claims to replacement lands.
(Sec. 8) States that no person acquiring a land interest under the Alaska Native Claims Settlement Act shall be liable for contamination cleanup costs at the time the land was acquired unless such person was directly responsible for such contamination. | {"src": "billsum_train", "title": "Alaska Native Claims Technical Amendments Act of 1999"} | 3,874 | 568 | 0.550763 | 1.933002 | 0.768868 | 4.152577 | 7.14433 | 0.931959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Administration Authorization
Act of 1997''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 17(g)(1) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) $29,600,000 for the fiscal year ending September 30,
1998; and
``(H) $30,500,000 for the fiscal year ending September 30,
1999.''.
SEC. 3. SUCCESSOR FIRE SAFETY STANDARDS.
The Federal Fire Prevention and Control Act of 1974 is amended--
(1) in section 29(a)(1), by inserting ``, or any successor
standard thereto,'' after ``Association Standard 74'';
(2) in section 29(a)(2), by inserting ``or any successor
standards thereto,'' after ``whichever is appropriate,'';
(3) in section 29(b)(2), by inserting ``, or any successor
standards thereto'' after ``Association Standard 13 or 13-R'';
(4) in section 31(c)(2)(B)(i), by inserting ``or any
successor standard thereto,'' after ``Life Safety Code),''; and
(5) in section 31(c)(2)(B)(ii), by inserting ``or any
successor standard thereto,'' after ``Association Standard
101,''.
SEC. 4. TERMINATION OR PRIVATIZATION OF FUNCTIONS.
The Administrator of the United States Fire Administration shall
transmit to Congress a report providing notice at least 60 days in
advance of the termination or transfer to a private sector entity of
any significant function of the United States Fire Administration.
SEC. 5. LIMITATIONS.
(a) Prohibition of Lobbying Activities.--None of the funds
authorized by the amendments made by this Act shall be available for
any activity whose purpose is to influence legislation pending before
the Congress, except that this subsection shall not prevent officers or
employees of the United States or of its departments or agencies from
communicating to Members of Congress on the request of any Member or to
Congress, through the proper channels, requests for legislation or
appropriations which they deem necessary for the efficient conduct of
the public business.
(b) Limitation on Appropriations.--No sums are authorized to be
appropriated to the Administrator of the United States Fire
Administration for fiscal years 1998 and 1999 for the activities for
which sums are authorized by the amendments made by this Act, unless
such sums are specifically authorized to be appropriated by the
amendments made by this Act.
(c) Eligibility for Awards.--
(1) In general.--The Administrator of the United States
Fire Administration shall exclude from consideration for grant
agreements made by the Administration after fiscal year 1997
any person who received funds, other than those described in
paragraph (2), appropriated for a fiscal year after fiscal year
1997, under a grant agreement from any Federal funding source
for a project that was not subjected to a competitive, merit-
based award process. Any exclusion from consideration pursuant
to this subsection shall be effective for a period of 5 years
after the person receives such Federal funds.
(2) Exception.--Paragraph (1) shall not apply to the
receipt of Federal funds by a person due to the membership of
that person in a class specified by law for which assistance is
awarded to members of the class according to a formula provided
by law.
(3) Definition.--For purposes of this subsection, the term
``grant agreement'' means a legal instrument whose principal
purpose is to transfer a thing of value to the recipient to
carry out a public purpose of support or stimulation authorized
by a law of the United States, and does not include the
acquisition (by purchase, lease, or barter) of property or
services for the direct benefit or use of the United States
Government. Such term does not include a cooperative agreement
(as such term is used in section 6305 of title 31, United
States Code) or a cooperative research and development
agreement (as such term is defined in section 12(d)(1) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)(1))).
SEC. 6. NOTICE.
(a) Notice of Reprogramming.--If any funds authorized by the
amendments made by this Act are subject to a reprogramming action that
requires notice to be provided to the Appropriations Committees of the
House of Representatives and the Senate, notice of such action shall
concurrently be provided to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Notice of Reorganization.--The Administrator of the United
States Fire Administration shall provide notice to the Committees on
Science and Appropriations of the House of Representatives, and the
Committees on Commerce, Science, and Transportation and Appropriations
of the Senate, not later than 15 days before any major reorganization
of any program, project, or activity of the United States Fire
Administration.
SEC. 7. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of Congress
that the United States Fire Administration should--
(1) give high priority to correcting all 2-digit date-
related problems in its computer systems to ensure that those
systems continue to operate effectively in the year 2000 and
beyond;
(2) assess immediately the extent of the risk to the
operations of the United States Fire Administration posed by
the problems referred to in paragraph (1), and plan and budget
for achieving Year 2000 compliance for all of its mission-
critical systems; and
(3) develop contingency plans for those systems that the
United States Fire Administration is unable to correct in time.
SEC. 8. BUY AMERICAN.
(a) Compliance With Buy American Act.--No funds appropriated
pursuant to the amendments made by this Act may be expended by an
entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
(b) Sense of Congress.--In the case of any equipment or products
that may be authorized to be purchased with financial assistance
provided under the amendments made by this Act, it is the sense of
Congress that entities receiving such assistance should, in expending
the assistance, purchase only American-made equipment and products.
(c) Notice to Recipients of Assistance.--In providing financial
assistance under the amendments made by this Act, the Administrator of
the United States Fire Administration shall provide to each recipient
of the assistance a notice describing the statement made in subsection
(a) by the Congress.
Passed the House of Representatives April 23, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Fire Administration Authorization Act of 1997 - Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for FY 1998 and 1999.
Permits successor fire safety standards to be used as guidelines in addition to National Fire Protection Association (NFPA) Standard 74, NFPA Standard 13 or 13-R, or NFPA Standard 101 (Life Safety Code) for installation of hard-wired, single-station smoke detectors or automatic sprinkler systems in: (1) places of public accommodation affecting commerce; and (2) federally-assisted buildings.
Requires the Administrator of the U.S. Fire Administration to report to the Congress at least 60 days in advance on the termination or transfer to a private sector entity of any significant function of the Administration.
Prohibits funds authorized by this Act from being made available for any activity to influence legislation before the Congress, except that Federal officers or employees may communicate to Members of Congress on requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business.
Requires the Administrator to exclude from consideration for grant agreements made by the Administration after FY 1997 any person who received funds appropriated for a fiscal year after FY 1997 under a grant agreement from any Federal funding source for a project that was not subjected to a competitive merit-based award process. Limits such exclusion to a five-year period after the person receives such Federal funds. Makes an exception for persons who received Federal funds due to membership in a class the members of which are awarded assistance according to a formula provided by law.
Requires: (1) the House Committee on Science and the Senate Committee on Commerce, Science, and Transportation to be notified if funds authorized by this Act are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees; and (2) the Administrator to notify all such committees not later than 15 days before any major reorganization of any Administration program, project, or activity.
Urges the Administration to give high priority to correcting, assess the risk to operations posed by, plan and budget for, and develop contingency plans for date-related year 2000 problems in its computer systems.
Prohibits funds appropriated under this Act from being expended by an entity unless such entity complies with the Buy American Act. Expresses the sense of the Congress that entities receiving financial assistance under this Act should, in expending such assistance, purchase only American-made equipment and products. Requires the Administrator, in providing such assistance, to so notify each recipient. | {"src": "billsum_train", "title": "Fire Administration Authorization Act of 1997"} | 1,596 | 556 | 0.581663 | 1.988075 | 0.668463 | 3.758197 | 2.944672 | 0.889344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IDEA Full Funding Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Children with disabilities are guaranteed an equal
opportunity to an education under the 14th Amendment to the
Constitution.
(2) While States and local educational agencies are
responsible for providing an education for all children with
disabilities, it is in the national interest that the Federal
Government have a role in assisting State and local efforts to
educate children with disabilities in order to improve results
for those children and to ensure equal protection of the law.
(3) It is estimated that the excess expense of educating a
child with a disability is equal to 40 percent of the national
average per pupil expenditure.
(4) Under the Individuals with Disabilities Education Act,
Congress committed the Federal Government to contributing up to
40 percent of the national average per pupil expenditure for
the purpose of educating children with disabilities.
(5) To date, the Federal Government has never contributed
more than 12.6 percent of the maximum state grant allocation
for educating children with disabilities under the Individuals
with Disabilities Education Act.
SEC. 3. PURPOSE.
It is the purpose of this Act to reach the Federal Government's
goal of providing 40 percent of the national average per pupil
expenditure for the purpose of education all children with disabilities
by 2010.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
(a) Assistance for Education of All Children With Disabilities.--
Section 611(j) of the Individuals with Disabilities Education Act (20
U.S.C. 1411(j)) is amended to read as follows:
``(j) Authorization of Appropriations.--For the purpose of carrying
out this part, other than section 619, there are authorized to be
appropriated--
``(1) $7,000,000,000 for fiscal year 2001;
``(2) $9,000,000,000 for fiscal year 2002;
``(3) $11,000,000,000 for fiscal year 2003;
``(4) $13,000,000,000 for fiscal year 2004;
``(5) $15,000,000,000 for fiscal year 2005;
``(6) $17,000,000,000 for fiscal year 2006;
``(7) $19,000,000,000 for fiscal year 2007;
``(8) $21,000,000,000 for fiscal year 2008;
``(9) $23,000,000,000 for fiscal year 2009;
``(10) $25,000,000,000 for fiscal year 2010; and
``(11) such sums as may be necessary for each subsequent
fiscal year.''.
(b) Preschool Grants.--Section 619(j) of the Individuals with
Disabilities Education Act (20 U.S.C. 1419(j)) is amended to read as
follows:
``(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated to the
Secretary--
``(1) $400,000,000 for fiscal year 2001;
``(2) $450,000,000 for fiscal year 2002;
``(3) $500,000,000 for fiscal year 2003;
``(4) $550,000,000 for fiscal year 2004;
``(5) $600,000,000 for fiscal year 2005;
``(6) $650,000,000 for fiscal year 2006;
``(7) $700,000,000 for fiscal year 2007;
``(8) $750,000,000 for fiscal year 2008;
``(9) $800,000,000 for fiscal year 2009; and
``(10) $850,000,000 for fiscal year 2010.''.
(c) Infants and Toddlers With Disabilities.--Section 645 of the
Individuals with Disabilities Education Act (20 U.S.C. 1445) is amended
to read as follows:
``SEC. 645. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated to the Secretary--
``(1) $400,000,000 for fiscal year 2001;
``(2) $450,000,000 for fiscal year 2002;
``(3) $500,000,000 for fiscal year 2003;
``(4) $550,000,000 for fiscal year 2004;
``(5) $600,000,000 for fiscal year 2005;
``(6) $650,000,000 for fiscal year 2006;
``(7) $700,000,000 for fiscal year 2007;
``(8) $750,000,000 for fiscal year 2008;
``(9) $800,000,000 for fiscal year 2009; and
``(10) $850,000,000 for fiscal year 2010.''.
(d) State Program Improvement Grants for Children With
Disabilities.--Section 656 of the Individuals with Disabilities
Education Act (20 U.S.C. 1456) is amended to read as follows:
``SEC. 656. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart--
``(1) $40,000,000 for fiscal year 2001;
``(2) $45,000,000 for fiscal year 2002;
``(3) $50,000,000 for fiscal year 2003;
``(4) $55,000,000 for fiscal year 2004;
``(5) $60,000,000 for fiscal year 2005;
``(6) $65,000,000 for fiscal year 2006;
``(7) $70,000,000 for fiscal year 2007;
``(8) $75,000,000 for fiscal year 2008;
``(9) $80,000,000 for fiscal year 2009; and
``(10) $85,000,000 for fiscal year 2010.''.
(e) Personnel Preparation To Improve Services and Results for
Children With Disabilities.--Section 673(j) of the Individuals with
Disabilities Education Act (20 U.S.C. 1473(j)) is amended to read as
follows:
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $85,000,000 for fiscal year 2001;
``(2) $90,000,000 for fiscal year 2002;
``(3) $95,000,000 for fiscal year 2003;
``(4) $100,000,000 for fiscal year 2004;
``(5) $105,000,000 for fiscal year 2005;
``(6) $110,000,000 for fiscal year 2006;
``(7) $115,000,000 for fiscal year 2007;
``(8) $120,000,000 for fiscal year 2008;
``(9) $125,000,000 for fiscal year 2009; and
``(10) $130,000,000 for fiscal year 2010.''.
(f) Technical and Related Assistance.--Section 686 of the
Individuals with Disabilities Education Act (20 U.S.C. 1486) is amended
to read as follows:
``SEC. 686. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out sections 681
through 685--
``(1) $65,000,000 for fiscal year 2001;
``(2) $70,000,000 for fiscal year 2002;
``(3) $75,000,000 for fiscal year 2003;
``(4) $80,000,000 for fiscal year 2004;
``(5) $85,000,000 for fiscal year 2005;
``(6) $90,000,000 for fiscal year 2006;
``(7) $95,000,000 for fiscal year 2007;
``(8) $100,000,000 for fiscal year 2008;
``(9) $105,000,000 for fiscal year 2009; and
``(10) $110,000,000 for fiscal year 2010.''. | Authorizes appropriations for IDEA programs of assistance for education of all children with disabilities, in specified amounts for FY 2000 through 2010, and in such amounts as necessary for each subsequent fiscal year.
Authorizes appropriations for FY 2000 through 2010 in certain amounts for IDEA programs for: (1) preschool grants; (2) infants and toddlers with disabilities; (3) State program improvement grants for children with disabilities; (4) personnel preparation to improve services and results for children with disabilities; and (5) technical and related assistance. | {"src": "billsum_train", "title": "IDEA Full Funding Act of 2000"} | 1,554 | 106 | 0.511668 | 1.253273 | 0.973356 | 3.029126 | 14.466019 | 0.893204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Mammal Rescue Assistance
Amendments of 2009''.
SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE.
(a) Collection and Updating of Information.--Section 402(b)(1)(A)
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a(b)(1)(A))
is amended by inserting ``or entangled'' after ``stranded''.
(b) Entanglement Response Agreements.--
(1) In general.--Section 403 of that Act (16 U.S.C. 1421b)
is amended--
(A) by striking the section heading and inserting
the following:
``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.'' ;
and
(B) by striking ``stranding.'' in subsection (a)
and inserting ``stranding or entanglement.''.
(2) Clerical amendment.--The table of contents for title IV
of that Act is amended by striking the item relating to section
403 and inserting the following:
``Sec. 403. Stranding or entanglement response agreements.''.
(c) Liability.--Section 406(a) of such Act (16 U.S.C. 1421e(a)) is
amended by inserting ``or entanglement'' after ``stranding''.
(d) Entanglement Defined.--
(1) In general.--Section 410 of such Act (16 U.S.C. 1421h)
is amended--
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) The term `entanglement' means an event in the wild in
which a living or dead marine mammal has gear, rope, line, net,
or other material wrapped around or attached to it and is--
``(A) on a beach or shore of the United States; or
``(B) in waters under the jurisdiction of the
United States.''.
(2) Conforming amendment.--Section 408(a)(2)(B)(i) of such
Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking
``section 410(6)'' and inserting ``section 410(7)''.
(e) Unusual Mortality Event Funding.--Section 405 of such Act (16
U.S.C. 1421d) is amended--
(1) by striking ``to compensate persons for special costs''
in subsection (b)(1)(A)(i) and inserting ``to make advance,
partial, or progress payments under contracts or other funding
mechanisms for property, supplies, salaries, services, and
travel costs'';
(2) by striking ``preparing and transporting'' in
subsection (b)(1)(A)(ii) and inserting ``the preparation,
analysis, and transportation of'';
(3) by striking ``event for'' in subsection (b)(1)(A)(ii)
and inserting ``event, including such transportation for'';
(4) by striking ``and'' after the semicolon in subsection
(c)(2);
(5) by striking ``subsection (d).'' in subsection (c)(3)
and inserting ``subsection (d); and''; and
(6) by adding at the end of subsection (c) the following:
``(4) up to $500,000 per fiscal year (as determined by the
Secretary) from amounts appropriated to the Secretary for
carrying out this title and the other titles of this Act.''.
(f) John H. Prescott Marine Mammal Rescue and Response Funding
Program.--
(1) Authorization of appropriations.--Section 408(h) of
such Act (16 U.S.C. 1421f-1(h)) is amended to read as follows:
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section, other than subsection (a)(3),
$7,000,000 for each of fiscal years 2010 through 2014, to
remain available until expended, of which--
``(A) $6,000,000 may be available to the Secretary
of Commerce; and
``(B) $1,000,000 may be available to the Secretary
of the Interior.
``(2) Rapid response fund.--There are authorized to be
appropriated to the John H. Prescott Marine Mammal Rescue and
Rapid Response Fund established by subsection (a)(3), $500,000
for each of fiscal years 2010 through 2014.
``(3) Additional rapid response funds.--There shall be
deposited into the Fund established by subsection (a)(3) up to
$500,000 per fiscal year (as determined by the Secretary) from
amounts appropriated to the Secretary for carrying out this
title and the other titles of this Act.''.
(2) Administrative costs and expenses.--Section 408(f) of
such Act (16 U.S.C. 1421f-1(f)) is amended to read as follows:
``(f) Administrative Costs and Expenses.--Of the amounts available
each fiscal year to carry out this section, the Secretary may expend
not more than 6 percent or $80,000, whichever is greater, to pay the
administrative costs and administrative expenses to implement the
program under subsection (a). Any such funds retained by the Secretary
for a fiscal year for such costs and expenses that are not used for
such costs and expenses before the end of the fiscal year shall be
provided under subsection (a).''.
(3) Emergency assistance.--Section 408 of such Act (16
U.S.C. 1421f-1) is amended--
(A) by striking so much of subsection (a) as
precedes paragraph (2) and inserting the following:
``(a) In General.--(1) Subject to the availability of
appropriations, the Secretary shall conduct a program to be known as
the John H. Prescott Marine Mammal Rescue and Response Funding Program,
to provide for the recovery or treatment of marine mammals, the
collection of data from living or dead stranded or entangled marine
mammals for scientific research regarding marine mammal health,
facility operation costs that are directly related to those purposes,
and stranding or entangling events requiring emergency assistance. All
funds available to implement this section shall be distributed to
eligible stranding network participants for the purposes set forth in
this paragraph and paragraph (2), except as provided in subsection
(f).'';
(B) by redesignating paragraph (2) as paragraph (4)
and inserting after paragraph (1) the following:
``(2) Contract authority.--To carry out the activities set out in
paragraph (1), the Secretary may enter into grants, cooperative
agreements, contracts, or such other agreements or arrangements as the
Secretary deems appropriate.
``(3) Prescott rapid response fund.--There is established in the
Treasury an interest bearing fund to be known as the `John H. Prescott
Marine Mammal Rescue and Rapid Response Fund', which shall consist of a
portion of amounts deposited into the Fund under subsection (h) or
received as contributions under subsection (i), and which shall remain
available until expended without regard to any statutory or regulatory
provision related to the negotiation, award, or administration of any
grants, cooperative agreements, and contracts.'';
(C) by striking ``designated as of the date of the
enactment of the Marine Mammal Rescue Assistance Act of
2000, and in making such grants'' in paragraph (4), as
redesignated, and inserting ``as defined in subsection
(g)(3). The Secretary''; and
(D) by striking ``subregions.'' in paragraph (4),
as redesignated, and inserting ``subregions where such
facilities exist.'';
(E) by striking subsections (d) and (e) and
inserting the following:
``(d) Limitation.--
``(1) In general.--Support for an individual project under
this section may not exceed $200,000 for any 12-month period.
``(2) Unexpended funds.--Amounts provided as support for an
individual project under this section that are unexpended or
unobligated at the end of such period--
``(A) shall remain available until expended; and
``(B) shall not be taken into account in any other
12-month period for purposes of paragraph (1).
``(e) Matching Requirement.--
``(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the costs of an activity conducted with
funds under this section shall be 25 percent of such Federal
costs.
``(2) Waiver.--The Secretary shall waive the requirements
of paragraph (1) with respect to an activity conducted with
emergency funds disbursed from the Fund established by
subsection (a)(3).
``(3) In-kind contributions.--The Secretary may apply to
the non-Federal share of an activity conducted with a grant
under this section the amount of funds, and the fair market
value of property and services, provided by non-Federal sources
and used for the activity.''; and
(F) by redesignating paragraph (2) of subsection
(g) as paragraph (3) and inserting after paragraph (1)
the following:
``(2) Emergency assistance.--The term `emergency
assistance' means assistance provided for a stranding or
entangling event--
``(A) that--
``(i) is not an unusual mortality event as
defined in section 409(7);
``(ii) leads to an immediate increase in
required costs for stranding or entangling
response, recovery, or rehabilitation in excess
of regularly scheduled costs;
``(iii) may be cyclical or endemic; and
``(iv) may involve out-of-habitat animals;
or
``(B) is found by the Secretary to qualify for
emergency assistance.''.
(4) Contributions.--Section 408 of such Act (16 U.S.C.
1421f-1) is amended by adding at the end the following:
``(i) Contributions.--For purposes of carrying out this section,
the Secretary may solicit, accept, receive, hold, administer, and use
gifts, devises, and bequests without any further approval or
administrative action.''.
(5) Conforming amendment.--The section heading for section
408 is amended to read as follows:
``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE FUNDING
PROGRAM.''.
(g) Authorization of Appropriations for Marine Mammal Unusual
Mortality Event Fund.--Section 409 of such Act (16 U.S.C. 1421g) is
amended--
(1) by striking ``1993 and 1994;'' in paragraph (1) and
inserting ``2010 through 2014;'';
(2) by striking ``1993 and 1994;'' in paragraph (2) and
inserting ``2010 through 2014;''; and
(3) by striking ``fiscal year 1993.'' in paragraph (3) and
inserting ``each of fiscal years 2010 through 2014.''. | Marine Mammal Rescue Assistance Amendments of 2009 - Amends the Marine Mammal Protection Act of 1972 to require the collection and updating of existing practices and procedures for rescuing and rehabilitating stranded or entangled (under current law, only stranded) marine mammals. Authorizes entanglement response agreements. Broadens the sources and allowed uses of amounts in the Marine Mammal Unusual Mortality Event Fund.
Renames the John H. Prescott Marine Mammal Rescue Assistance Grant Program as the John H. Prescott Marine Mammal Rescue and Response Funding Program and authorizes appropriations to it for FY2010-FY2014. Adds providing for stranding or entangling events requiring emergency assistance to the program's duties. Authorizes carrying out the program through grants, cooperative agreements, contracts, or other arrangements.
Establishes in the Treasury the John H. Prescott Marine Mammal Rescue and Rapid Response Fund.
Limits support for an individual project under the program to $200,000 for any 12-month period. (Current law limits support to $100,000 and makes no reference to a time period.)
Defines the term "emergency assistance" as assistance for a stranding or entangling event that: (1) is not an unusual mortality event, leads to an immediate increase in required costs in excess of regularly scheduled costs, may be cyclical or endemic, and may involve out-of-habitat animals; or (2) is found to qualify for such assistance.
Authorizes appropriations for FY2010-FY2014 for provisions of the Marine Mammal Protection Act of 1972 to protect and rescue stranded and entangled marine mammals, including the Marine Mammal Unusual Mortality Event Fund and the National Marine Mammal Tissue Bank. | {"src": "billsum_train", "title": "A bill to amend the provisions of law relating to the John H. Prescott Marine Mammal Rescue Assistance Grant Program, and for other purposes."} | 2,574 | 402 | 0.537935 | 1.744469 | 0.772902 | 3.29703 | 7.283828 | 0.854785 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare+Choice
Program Improvement Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increase in national per capita Medicare+Choice growth
percentage in 2001 and 2002.
Sec. 3. Increasing minimum payment amount.
Sec. 4. Allowing movement to 50:50 percent blend in 2002.
Sec. 5. Increased update for payment areas with only one or no
Medicare+Choice contracts.
Sec. 6. Permitting higher negotiated rates in certain Medicare+Choice
payment areas below national average.
Sec. 7. 10-year phase-in of risk adjustment based on data from all
settings.
Sec. 8. Delay from July to November 2000 in deadline for offering and
withdrawing Medicare+Choice plans for 2001.
SEC. 2. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH
PERCENTAGE IN 2001 AND 2002.
Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
23(c)(6)(B)) is amended--
(1) in clause (iii), by adding ``and'' at the end;
(2) by striking clauses (iv) and (v);
(3) by redesignating clause (vi) as clause (iv); and
(4) in clause (iv), as so redesignated, by striking ``after
2002'' and inserting ``after 2000''.
SEC. 3. INCREASING MINIMUM PAYMENT AMOUNT.
(a) In General.--Section 1853(c)(1)(B)(ii) of the Social Security
Act (42 U.S.C. 1395w-23(c)(1)(B)(ii)) is amended--
(1) by striking ``(ii) For a succeeding year'' and
inserting ``(ii)(I) Subject to subclause (II), for a succeeding
year''; and
(2) by adding at the end the following new subclause:
``(II) For 2002 for any of the 50 States
and the District of Columbia, $500.''.
(b) Effective Date.--The amendments made by subsection (a) apply to
years beginning with 2002.
SEC. 4. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002.
Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w-
23(c)(2)) is amended--
(1) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(2) by adding at the end the following flush matter:
``except that a Medicare+Choice organization may elect to apply
subparagraph (F) (rather than subparagraph (E)) for 2002.''.
SEC. 5. INCREASED UPDATE FOR PAYMENT AREAS WITH ONLY ONE OR NO
MEDICARE+CHOICE CONTRACTS.
(a) In General.--Section 1853(c)(1)(C)(ii) of the Social Security
Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended--
(1) by striking ``(ii) For a subsequent year'' and
inserting ``(ii)(I) Subject to subclause (II), for a subsequent
year''; and
(2) by adding at the end the following new subclause:
``(II) During 2002, 2003, 2004, and 2005,
in the case of a Medicare+Choice payment area
in which there is no more than one contract
entered into under this part as of July 1
before the beginning of the year, 102.5 percent
of the annual Medicare+Choice capitation rate
under this paragraph for the area for the
previous year.''.
(b) Construction.--The amendments made by subsection (a) do not
affect the payment of a first time bonus under section 1853(i) of the
Social Security Act (42 U.S.C. 1395w-23(i)).
SEC. 6. PERMITTING HIGHER NEGOTIATED RATES IN CERTAIN MEDICARE+CHOICE
PAYMENT AREAS BELOW NATIONAL AVERAGE.
Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w-
23(c)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``or (C)'' and inserting ``(C), or (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) Permitting higher rates through
negotiation.--
``(i) In general.--For each year beginning
with 2001, in the case of a Medicare+Choice
payment area for which the Medicare+Choice
capitation rate under this paragraph would
otherwise be less than the United States per
capita cost (USPCC), as calculated by the
Secretary, a Medicare+Choice organization may
negotiate with the Secretary an annual per
capita rate that--
``(I) reflects an annual rate of
increase up to the rate of increase
specified in clause (ii);
``(II) takes into account audited
current data supplied by the
organization on its adjusted community
rate (as defined in section
1854(f)(3)); and
``(III) does not exceed the United
States per capita cost, as projected by
the Secretary for the year involved.
``(ii) Maximum rate described.--The rate of
increase specified in this clause for a year is
the rate of inflation in private health
insurance for the year involved, as projected
by the Secretary, and includes such adjustments
as may be necessary--
``(I) to reflect the demographic
characteristics in the population under
this title; and
``(II) to eliminate the costs of
prescription drugs.
``(iii) Adjustments for over or under
projections.--If this subparagraph is applied
to an organization and payment area for a year,
in applying this subparagraph for a subsequent
year the provisions of paragraph (6)(C) shall
apply in the same manner as such provisions
apply under this paragraph.
``(iv) Deadline for completion of
negotiations.--The Secretary shall complete
negotiations with a Medicare+Choice
organization under clause (i) for a year by not
later than 90 days after the date the
organization entered into negotiations with the
Secretary.''.
SEC. 7. 10-YEAR PHASE-IN OF RISK ADJUSTMENT BASED ON DATA FROM ALL
SETTINGS.
Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C.
1395w-23(c)(1)(C)(ii)) is amended--
(1) by striking the period at the end of subclause (II) and
inserting a semicolon; and
(2) by adding at the end the following flush matter:
``and, beginning in 2004, insofar as such risk
adjustment is based on data from all settings,
the methodology shall be phased-in in equal
increments over a 10-year period, beginning
with 2004 or (if later) the first year in which
such data is used.''.
SEC. 8. DELAY FROM JULY TO NOVEMBER 2000 IN DEADLINE FOR OFFERING AND
WITHDRAWING MEDICARE+CHOICE PLANS FOR 2001.
Notwithstanding any other provision of law, the deadline for a
Medicare+Choice organization to withdraw the offering of a
Medicare+Choice plan under part C of title XVIII of the Social Security
Act (or otherwise to submit information required for the offering of
such a plan) for 2001 is delayed from July 1, 2000, to November 1,
2000, and any such organization that provided notice of withdrawal of
such a plan during 2000 before the date of enactment of this Act may
rescind such withdrawal at any time before November 1, 2000. | Delays from July to November 2000 the deadline for withdrawing the offer, or rescinding the withdrawal, of Medicare+Choice plans for 2001. | {"src": "billsum_train", "title": "Medicare+Choice Program Improvement Act of 2000"} | 1,852 | 35 | 0.449537 | 1.104958 | 0.235803 | 2.875 | 62.125 | 0.875 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tax Relief for
Business Growth and Sustainability Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ESTATE AND GIFT TAX REFORM
Sec. 101. Repeal of carryover basis; increased exclusion amount;
maximum 35 percent rate.
Sec. 102. Increase in deduction for family-owned businesses.
Sec. 103. Exclusion from gross estate of value of principal residence.
TITLE II--TREATMENT OF SMALL BUSINESS STOCK
Sec. 201. Full exclusion from gross income of gain from qualified small
business stock.
Sec. 202. Repeal of alternative minimum tax treatment of qualified
small business stock gain as item of tax
preference.
TITLE III--RELIEF FOR GOVERNMENT CONTRACTORS
Sec. 301. Repeal of withholding tax on government contractors.
TITLE I--ESTATE AND GIFT TAX REFORM
SEC. 101. REPEAL OF CARRYOVER BASIS; INCREASED EXCLUSION AMOUNT;
MAXIMUM 35 PERCENT RATE.
(a) EGTRRA Sunset Not To Apply.--Section 901 of the Economic Growth
and Tax Relief Reconciliation Act of 2001 shall not apply to title V of
such Act (other than subtitles A and E, and sections 511(d) and
521(b)(2), thereof).
(b) $5,000,000 Applicable Exclusion Amount.--Subsection (c) of
section 2010 of the Internal Revenue Code of 1986 is amended by
striking all that follows ``the applicable exclusion amount'' and
inserting ``. For purposes of the preceding sentence, the applicable
exclusion amount is $5,000,000.''.
(c) Maximum Estate and Gift Tax Rate 35 Percent.--Paragraph (1) of
section 2001(c) of such Code is amended by striking the last 7 items in
the table and inserting the following new item:
``Over $500,000.............................. $155,800, plus 35 percent of the excess of such amount over
$500,000.''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2010.
SEC. 102. INCREASE IN DEDUCTION FOR FAMILY-OWNED BUSINESSES.
(a) In General.--
(1) Increase.--Paragraph (2) of section 2057(a) of the
Internal Revenue Code of 1986 is amended by striking
``$675,000'' and inserting ``$5,000,000''.
(2) Allowed in addition to applicable credit amount.--
Subsection (a) of section 2057 of such Code is amended by
striking paragraph (3).
(b) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2010.
SEC. 103. EXCLUSION FROM GROSS ESTATE OF VALUE OF PRINCIPAL RESIDENCE.
(a) In General.--Subchapter A of chapter 11 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 2059. PRINCIPAL RESIDENCE.
``(a) In General.--For purposes of the tax imposed by section 2001,
in the case of a decedent who was (at the date of the decedent's death)
a citizen or resident of the United States, the value of the taxable
estate shall be determined by deducting from the value of the gross
estate the adjusted value of any residence if--
``(1) such residence is included in determining the value
of the gross estate,
``(2) such residence is located in the United States, and
``(3) during the 8-year period ending on the date of the
decedent's death, there have been periods aggregating 5 years
during which such residence was owned by the decedent or a
member of the decedent's family and used by the decedent or
such a member as their principal residence (within the meaning
of section 121).
``(b) Limitation.--The deduction allowed by this section shall not
exceed $2,000,000.
``(c) Adjusted Value.--For purposes of this section, the adjusted
value of property is the value of such property for purposes of this
chapter, reduced by amounts allowable as a deduction in respect to such
property under paragraph (4) of section 2053(a).''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 11 of such Code is amended by adding at the end the following
new item:
``Sec. 2059. Principal residence.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2010.
TITLE II--TREATMENT OF SMALL BUSINESS STOCK
SEC. 201. FULL EXCLUSION FROM GROSS INCOME OF GAIN FROM QUALIFIED SMALL
BUSINESS STOCK.
(a) In General.--Paragraph (1) of section 1202(a) of the Internal
Revenue Code of 1986 is amended by striking ``50 percent of''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2008.
SEC. 202. REPEAL OF ALTERNATIVE MINIMUM TAX TREATMENT OF QUALIFIED
SMALL BUSINESS STOCK GAIN AS ITEM OF TAX PREFERENCE.
(a) In General.--Subsection (a) of section 57 of the Internal
Revenue Code of 1986 is amended by striking paragraph (7).
(b) Conforming Amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)''
and inserting ``and (5)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
TITLE III--RELIEF FOR GOVERNMENT CONTRACTORS
SEC. 301. REPEAL OF WITHHOLDING TAX ON GOVERNMENT CONTRACTORS.
Section 3402 of the Internal Revenue Code of 1986 is amended by
striking subsection (t). | Tax Relief for Business Growth and Sustainability Act of 2009 - Makes the general terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001 (i.e., December 31, 2010) inapplicable to its estate and gift tax provisions, except for the repeal of the carryover basis.
Amends the Internal Revenue Code to: (1) allow a permanent increase (to $5 million) in the estate tax exclusion and a reduction in the maximum estate tax rate to 35%; (2) increase to $5 million the estate tax deduction for interests in family-owned businesses; (3) allow an estate tax deduction, up to $2 million, of the value of the principal residence of a decedent; (4) increase from 50 to 100% the exclusion from gross income of gain from the sale or exchange of qualified small business stock held for more than 5 years; (5) eliminate gain from the sale of qualified small business stock in calculating the alternative minimum tax (AMT); and (6) repeal the requirement that federal, state, and local governmental entities withhold 3% of payments due to vendors providing goods and services to such entities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide relief with respect to estate and gift taxes, small businesses, and government contractors."} | 1,487 | 234 | 0.571521 | 1.668699 | 0.728415 | 2.017699 | 5.29646 | 0.79646 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burn Area Flood Prevention Act of
2010''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that private property, public
safety, and human life are protected from flood hazards that directly
result from post-fire watershed conditions that are created by
wildfires on Federal land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Emergency Management Agency.
(2) Affected area.--The term ``affected area'' means the
area that--
(A) suffered damage as a result of wildfire or
flash flooding beginning on June 20, 2010; and
(B) is depicted on the Arizona Division of
Emergency Management map entitled ``Schultz Flood #1
Operations Map'' and dated August 3, 2010.
(3) Federal land.--The term ``Federal land'' means--
(A) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702));
(B) units of the National Park System;
(C) refuges of the National Wildlife Refuge System;
(D) land held in trust by the United States for the
benefit of Indian tribes or members of an Indian tribe;
and
(E) 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))).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(5) Task force.--The term ``Task Force'' means the Schultz
Fire Flooding Area Task Force established by section 6(b).
SEC. 4. CLARIFICATION OF FLAME WILDFIRE SUPPRESSION RESERVE FUND
AUTHORITY.
Section 502(c) of the Federal Land Assistance, Management, and
Enhancement Act of 2009 (43 U.S.C. 1748a(c)) is amended by inserting
``and burn area responses, including flood prevention,'' after
``events''.
SEC. 5. INSURANCE COVERAGE FOR PRIVATE PROPERTIES AFFECTED BY FLOODING
FROM FEDERAL LANDS.
Section 1306(c)(2)(B) of the National Flood Insurance Act of 1968
(42 U.S.C. 4013(c)(2)(B)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) the initial purchase of flood insurance
coverage on a determination by the Director that the
waiting period should be waived for private property
that is affected by flooding on Federal land affected
by wildfire.''.
SEC. 6. SCHULTZ FIRE FLOODING AREA ASSISTANCE.
(a) Findings.--Congress finds that--
(1) on June 20, 2010, the Schultz wildfire began burning in
the Coconino National Forest on Federal land that is located
approximately 4 miles north of the City of Flagstaff, Arizona;
(2) the Schultz Fire burned for 10 days, destroyed more
than 15,000 acres of Forest Service land, and prompted the
evacuation of approximately 400 homes before being 100 percent
contained on June 30, 3010;
(3) the Schultz Fire severely burned a large portion of the
forest along the steep terrain on the east side of the San
Francisco Peaks, leaving little ground vegetation to absorb and
retain rainwater;
(4) on July 6, 2010, the Forest Service Burn Area Emergency
Response Team issued a hydrology specialist report that
assessed post-fire watershed conditions and determined that
there was a constant daily flooding threat to nearby
communities from summer monsoon storms;
(5) on July 7, 2010, community meetings were held urging
residents to purchase flood insurance for the affected area,
which had not previously been designated as a flood plain;
(6) on July 20, 2010, after nearly 2 inches of rain fell in
less than 1 hour, flash flooding occurred in the unincorporated
communities downstream from the Schultz wildfire burn area in
Coconino County;
(7) widespread flooding and debris disrupted public
infrastructure, damaged approximately 32 homes in the
communities of Doney Park, Timberline, Hutchison Acres, and
Wupatki Trails Estates, and killed a 12-year-old girl;
(8) affected homeowners who purchased flood insurance were
not eligible for coverage under the National Flood Insurance
Program at the time of the loss because of the statutorily
mandated 30-day waiting period before flood insurance coverage
takes effect; and
(9) because the Schultz Fire occurred on Forest Service
land and has affected private property, public safety, and
human life, the Federal Government is obligated to provide an
appropriate level of disaster assistance, including Federal
flood insurance to homeowners.
(b) Schultz Fire Flooding Area Task Force.--
(1) Establishment.--There is established the Schultz Fire
Flooding Area Task Force.
(2) Membership.--The Task Force shall consist of members
who have expertise in Federal disaster management and
assistance, flood prevention and mitigation, forestry, wildfire
management and recovery, civil engineering, soil conservation,
or watershed protection, including representatives from--
(A) the Federal Emergency Management Agency;
(B) the Corps of Engineers;
(C) the Forest Service;
(D) the Natural Resources Conservation Service;
(E) the United States Geological Survey;
(F) State and local governments;
(G) community-based organizations and other
interested parties; and
(H) any other entity the Administrator determines
to be appropriate.
(3) Chair.--The Administrator shall be the Chair of the
Task Force.
(4) Duties.--For the affected area, the Task Force shall--
(A) coordinate the efforts of the entities
represented on the Task Force to implement interim and
long-term flood protection systems; and
(B) identify existing and potential--
(i) funding;
(ii) technical assistance;
(iii) general investigations; and
(iv) construction of flood protection
projects.
(5) Report.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing the
findings and work of the Task Force.
(6) Application of the federal advisory committee act.--The
Task Force shall not be considered an advisory committee under
the Federal Advisory Committee Act (5 U.S.C. App.).
(c) Flood Protection System Study.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator, in coordination with
the Secretary and the Secretary of Agriculture, shall carry out
a detailed study of the affected area to evaluate the potential
of integrating projects and programs of the Corps of Engineers,
the Federal Emergency Management Agency, and the Department of
Agriculture into a comprehensive, long-term flood protection
system for the affected area.
(2) Inclusions.--The study under paragraph (1) shall
include--
(A) an evaluation of existing hazardous flood
conditions in the affected area;
(B) identification of additional risks associated
with flood events in the affected area that would be
equal to or greater than the July 20, 2010, flood
event; and
(C) a sediment and geotechnical analysis that
describes soil conditions and the risk level for
landslides.
(d) Disclosure of Equal Access to Justice Act Payments.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Attorney General shall submit to
Congress a report on the amount of fees and other expenses
awarded pursuant to section 2412 of title 28, United States
Code, and section 504 of title 5, United States Code, in
connection with the Jack Smith/Schultz Fuels Reduction Healthy
Forest Restoration Project.
(2) Inclusions.--The report under paragraph (1) shall
include--
(A) the name of the party seeking the award of fees
and other expenses;
(B) the name of the administrative law judge in the
case;
(C) the disposition of the application, including
any appeal of action taken on the application; and
(D) the hourly rates of attorneys and expert
witnesses awarded, as stated in the application.
(3) Agency cooperation.--The Secretary of Agriculture shall
provide the Attorney General with such information as is
necessary for the Attorney General to carry out this section. | Burn Area Flood Prevention Act of 2010 - Amends the Federal Land Assistance, Management, and Enhancement Act of 2009 to include within the purpose of FLAME Wildlife Suppression Reserve Funds to cover the costs of burn area responses, including flood prevention. Amends the National Flood Insurance Act of 1968 to make the waiting period for coverage under a new contract for flood insurance coverage, and any modification to coverage under an existing flood insurance contract, inapplicable to the initial purchase of flood insurance coverage upon a determination by the Administrator of the Federal Emergency Management Agency (FEMA) that such period should be waived for private property affected by flooding on federal land affected by wildfire.
Establishes the Schultz Fire Flooding Area Task Force. Designates the FEMA Administrator as the Chair of the Task Force. Directs the Task Force to: (1) coordinate the efforts of the entities represented on the Task Force (including FEMA, the Corps of Engineers, the Forest Service, the Natural Resources Conservation Service, the United States Geological Survey [USGS], state and local governments, and community-based organizations and other interested parties) to implement interim and long-term flood protection systems; and (2) identify existing and potential funding, technical assistance, general investigations, and construction of flood protection projects.
Directs the Administrator, in coordination with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Agriculture, to carry out a detailed study of the area that suffered damage as a result of wildfire or flash flooding beginning on June 20, 2010, depicted on the Arizona Division of Emergency Management map entitled "Schultz Flood #1 Operations Map," dated August 3, 2010, to evaluate the potential of integrating projects and programs of the Corps of Engineers, FEMA, and the Department of Agriculture (USDA) into a comprehensive, long-term flood protection system for that area.
Directs the Attorney General to report on court costs and legal fees and expenses connected with the Jack Smith/Schultz Fuels Reduction Healthy Forest Restoration Project. | {"src": "billsum_train", "title": "A bill to ensure that private property, public safety, and human life are protected from flood hazards that directly result from post-fire watershed conditions that are created by wildfires on Federal land."} | 1,887 | 429 | 0.634618 | 2.140181 | 0.724106 | 4.346154 | 4.466667 | 0.915385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsibility in Drug Advertising
Act of 2005''.
SEC. 2. DIRECT-TO-CONSUMER DRUG ADVERTISING.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is
amended--
(1) in section 301, by adding at the end the following:
``(hh) The conduct of direct-to-consumer advertising of a drug in
violation of section 506D.''; and
(2) in chapter V, by inserting after section 506C the
following:
``SEC. 506D. DIRECT-TO-CONSUMER DRUG ADVERTISING.
``(a) Prohibitions.--
``(1) First three years.--
``(A) In general.--Subject to subparagraph (B), no
person shall conduct direct-to-consumer advertising of
a drug for which an application is submitted under
section 505(b) before the end of the 3-year period
beginning on the date of the approval of such
application.
``(B) Waiver.--The Secretary may waive the
application of subparagraph (A) to a drug during the
third year of the 3-year period described in such
subparagraph if--
``(i) the sponsor of the drug submits an
application to the Secretary pursuant to
subparagraph (C); and
``(ii) the Secretary, after considering the
application and any accompanying materials,
determines that direct-to-consumer advertising
of the drug would have an affirmative value to
public health.
``(C) Application for waiver.--To seek a waiver
under subparagraph (B), the sponsor of a drug shall
submit an application to the Secretary at such time, in
such manner, and containing such information as the
Secretary may require.
``(2) Subsequent years.--The Secretary may prohibit direct-
to-consumer advertising of a drug during the period beginning
at the end of the 3-year period described in paragraph (1)(A)
if the Secretary determines that the drug has significant
adverse health effects based on post-approval studies, risk-
benefit analyses, adverse event reports, the scientific
literature, any clinical or observational studies, or any other
appropriate resource.
``(b) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall revise the regulations
promulgated under this Act governing drug advertisements to the extent
necessary to implement this section.
``(c) Rule of Construction.--This section shall not be construed to
diminish the authority of the Secretary to prohibit or regulate direct-
to-consumer advertising of drugs under other provisions of law.
``(d) Effective Date.--This section applies only with respect to a
drug for which an application submitted under section 505(b) is
approved on or after the date that is 1 year before the date of the
enactment of this section.''.
SEC. 3. PROMINENT DISPLAY OF INFORMATION IN ADVERTISING ON SIDE
EFFECTS, CONTRAINDICATIONS, AND EFFECTIVENESS.
(a) Requirement.--Paragraph (3) of section 502(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii); and
(2) by striking ``such other information'' and all that
follows through ``which shall be issued by'' and inserting
``such other information in brief summary relating to side
effects, contraindications, and effectiveness as shall be
required in regulations which (A) shall require such
information to be prominently displayed in terms of font size
and location and (B) shall be issued by''.
(b) Effective Date.--The amendment made by this section applies
with respect to any advertisement or other descriptive printed matter
that is issued or caused to be issued on or after the date that is 90
days after the enactment of this Act. Not later than such date, the
Secretary shall revise any regulations promulgated pursuant to
subsection (n) of section 503 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 352) to the extent necessary to implement this section.
SEC. 4. CIVIL PENALTY.
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333) is amended by adding at the end the following:
``(g) Drug Advertising and Promotion.--
``(1) Civil penalty.--
``(A) In general.--Any manufacturer, packer, or
distributor of a drug who violates section 505(n),
section 506D, or any other requirement of this Act
relating to the advertising or promotion of the drug
shall be subject to a civil penalty in an amount not to
exceed--
``(i) in the case of the first such
violation by the manufacturer, packer, or
distributor relating to the drug, $250,000; and
``(ii) in the case of each subsequent
violation by the manufacturer, packer, or
distributor relating to the drug, an amount
that is twice the amount of the maximum civil
penalty applicable under this subparagraph to
the previous violation.
``(B) Procedure.--Paragraphs (3) through (5) of
subsection (f) shall apply with respect to a civil
penalty under subparagraph (A) to the same extent and
in the same manner as those paragraphs apply with
respect to a civil penalty under paragraph (1) or (2)
of subsection (f).
``(2) Distribution of materials.--If the Secretary finds
that a person committed a violation described in paragraph
(1)(A), the Secretary may order the person to distribute
materials in the same markets in which the violative
advertisement or promotional material was distributed in a
manner designed to notify the public and the medical community
of the violation and to provide corrective information.
``(3) Separate offense.--For purposes of imposing a civil
penalty under this subsection, each violation described in
paragraph (1)(A), including each distribution of a direct-to-
consumer advertisement in violation of section 506A, shall
constitute a separate offense.
``(4) Relation to other penalties.--A civil penalty under
paragraph (1) and an order under paragraph (2) shall be in
addition to any other penalty applicable under this Act or
other law to the violation involved.''.
SEC. 5. ORDER REQUIRING POSTMARKET CHANGE IN LABELING.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is
amended--
(1) in section 502, by adding at the end the following:
``(x) If it is a drug and its labeling fails to comply with an
order issued pursuant to section 506E, or the manufacturer of the drug
fails to provide notification to physicians as required by the
Secretary pursuant to such section.''; and
(2) by inserting after section 506D, as added by section 2,
the following:
``SEC. 506E. POSTMARKET CHANGE IN LABELING.
``(a) In General.--In the case of any drug for which an approval of
an application submitted under section 505(b) or (j) is in effect, the
Secretary may require by order that information, including specific
wording, be included in the labeling of a drug on the basis that such
information is necessary to ensure the safe and effective use of the
drug.
``(b) Notification.--If the Secretary issues an order described in
subsection (a), the Secretary may require the manufacturer of the drug
involved to notify the public and the medical community of the labeling
change.''.
SEC. 6. PUBLIC EDUCATION CAMPAIGN ON RISKS OF CERTAIN DRUGS.
The Secretary of Health and Human Services shall conduct an
education campaign to increase public awareness of risks that, for some
patients, may outweigh the benefits of using a particular drug, whether
such risks are known at the time of the approval of the drug or become
known after the approval of the drug.
SEC. 7. ADDITIONAL FUNDING FOR REGULATION OF DIRECT-TO-CONSUMER DRUG
ADVERTISING.
There are authorized to be appropriated to the Food and Drug
Administration $2,500,000 for each of fiscal years 2007 and 2008 for
the purpose of regulating direct-to-consumer drug advertisements,
including by carrying out the amendments made by section 2. The
authorization of appropriations in the preceding sentence is in
addition to any other authorization of appropriations for such purpose. | Responsibility in Drug Advertising Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit any person from conducting direct-to-consumer advertising of a prescription drug for three years after approval of such drug.
Allows the Secretary of Health and Human Services to: (1) waive such prohibition if such advertising will have an affirmative value to public health; or (2) extend such prohibition for subsequent years if the drug has significant adverse effects.
Provides for civil penalties for violations relating to prescription drug advertisement or promotion. Allows the Secretary to require distribution of corrective information to notify the public and medical community of the violation.
Allows the Secretary to: (1) require information to be included in the labeling of a drug if such information is necessary to ensure the safe and effective use of the drug; and (2) require the manufacturer of a drug to notify the public and the medical community of the labeling change. Deems a drug to be misbranded if such labeling or notification requirements are not met.
Requires the Secretary to conduct an education campaign to increase public awareness of risks that may outweigh the benefits of using a particular drug, whether such risks are known at the time of the approval of the drug or become known later. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to drug advertising, and for other purposes."} | 1,962 | 267 | 0.593306 | 1.624706 | 0.825717 | 5.057143 | 7.077551 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire-Safe Communities Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicable model ordinance.--The term ``applicable
model ordinance'' means either--
(A) the Federal model ordinance required by section
3(a); or
(B) a State model ordinance described in section
3(d).
(2) Appropriate review panel.--The term ``appropriate
review panel'' means a panel of individuals who--
(A)(i) are fire protection experts; or
(ii) have significant expertise in fire management,
fire policy, community planning, or issues related to a
fire hazard area; and
(B) are appointed by the Under Secretary.
(3) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(4) Fire hazard area.--The term ``fire hazard area'' means
an area at significant risk from wildland fire as determined by
the applicable State forestry agency or equivalent State
agency.
(5) Fire-safe communities.--The term ``fire-safe
community'' means--
(A) a subdivision of a State that has adopted local
ordinances that are consistent with each element set
out in section 3(b); or
(B) a municipality at risk that has adopted local
ordinances that are consistent with some but not all of
the elements set out in section 3(b), if the Under
Secretary determines that local conditions make the
incorporation of such elements impractical or
counterproductive for such municipality.
(6) Municipality at risk.--The term ``municipality at
risk'' means a subdivision of a State that is located in a fire
hazard area.
(7) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Federal Emergency Management of the
Department of Homeland Security.
SEC. 3. MODEL ORDINANCES FOR COMMUNITIES IN FIRE HAZARD AREAS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Director shall publish a Federal model
ordinance for municipalities at risk that contains the elements
described in subsection (b).
(b) Elements.--A model ordinance required by subsection (a) shall
include the following elements with respect to fire prevention and
management.
(1) Specifications for construction materials and
techniques for use in such communities.
(2) Guidelines for the placement of utilities, defensible
space, and vegetation management.
(3) Enforcement mechanisms for compliance with defensible
space requirements.
(4) Zoning and site design standards for new residential
construction, including the width and placement of surrounding
fuel breaks and description of unsafe areas to locate new
homes, such as the top of highly dangerous canyons that funnel
wildfire heat.
(5) Specifications for water supplies for firefighting.
(6) Requirements for adequate firefighting protection,
including requirements for fire stations and equipment.
(7) Guidelines for the participation of fire professionals
in the development of local fire protection models.
(8) Standards for roads, culverts, and bridges.
(9) Guidelines for the marking of buildings and homes.
(c) Development of Federal Model Ordinance.--
(1) Consultation.--In developing the model ordinance
required by subsection (a), the Director--
(A) shall consult with the Under Secretary, the
Chief of the Forest Service, and the Director of the
Bureau of Land Management; and
(B) may consult with others, including private
entities that write fire codes.
(2) Existing standards.--The Director may incorporate into
the Federal model ordinance all or part of existing consensus-
based standards for fire hazard areas, or other model codes
such as the International Wildland-Urban Interface Code or
National Fire Protection Association standards.
(d) State Model Ordinances.--A State may adopt model ordinances
incorporating appropriate elements set out in subsection (b) for the
communities of such State.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $7,500,000 to carry out subsection (a).
SEC. 4. ADDITIONAL FIRE MANAGEMENT ASSISTANCE GRANTS FOR FIRE-SAFE
COMMUNITIES.
(a) In General.--
(1) The Under Secretary may modify, for a municipality at
risk, the requirements of the Fire Management Assistance Grant
Program related to the provision of a non-Federal share of
funds, as set forth in paragraph (2).
(2) If a municipality at risk has adopted an applicable
model ordinance and is making significant progress toward
implementing that model ordinance, the Under Secretary may
reduce the required amount for such non-Federal share to 10
percent of the grant amount.
(b) Rulemaking.--Not later than 18 months after the date of the
enactment of this Act, the Under Secretary shall complete a
rulemaking--
(1) to define ``significant progress toward implementing
that model ordinance'' as used in subsection (a); and
(2) to establish other procedures and requirements for
increasing or decreasing the non-Federal share for the Fire
Management Assistance Grant Program pursuant to subsection (a).
(c) Fire Management Assistance Grant Program Defined.--In this
section, the term ``Fire Management Assistance Grant Program'' means
the fire management assistance grant program carried out pursuant to
section 420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187).
SEC. 5. GRANTS FOR RESPONSIBLE DEVELOPMENT.
(a) In General.--Subject to the availability of funds for this
purpose, the Under Secretary shall provide grants to municipalities at
risk--
(1) to encourage responsible development in State-
identified fire-prone regions; and
(2) to mitigate the catastrophic effects of fires.
(b) Use of Funds.--Grants awarded under this section may be used as
follows:
(1) By fire-safe communities to implement or enforce local
ordinances consistent with an applicable model ordinance.
(2) To carry out programs to provide education to community
planners and local fire departments on code enforcement and
fire-resistant planning, zoning, and home construction.
(3) To enforce requirements related to residential
construction or brush clearing requirements.
(4) To create fire maps using geographic information system
technology and provide training in such technology.
(5) To provide education to the public on fire-safe
practices.
(c) Maximum Grant Awards.--The amount of a grant awarded under this
section may not be more than $1,000,000.
(d) Applications.--
(1) In general.--An application for a grant under this
section shall be made at such time and in such manner as the
Under Secretary shall require.
(2) Matching requirement.--
(A) In general.--Subject to subparagraph (B), the
Under Secretary shall require that a person who
receives a grant under this subsection provide non-
Federal funds in an amount equal to 25 percent of the
amount of such grant.
(B) Waiver.--The Under Secretary may waive the
requirement of subparagraph (A) in extraordinary
circumstances.
(3) Review.--Applications for grants under this section
shall be reviewed by an appropriate review panel established by
the Under Secretary.
(e) Schedule.--A grant awarded under this section shall be expended
not later than 3 years after the date the grant is awarded.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 2008
and each fiscal year thereafter.
SEC. 6. GRANTS FOR FIRE-HAZARD ASSESSMENT MAPS.
(a) In General.--The Under Secretary shall provide grants to States
to create or update fire-hazard assessment maps.
(b) Use of Funds.--Grants awarded under this section may be used as
follows:
(1) To develop or update maps that assess fire hazard in a
State.
(2) To conduct studies and to provide equipment, personnel,
or other resources necessary to develop or update such maps.
(c) Maximum Grant Awards.--
(1) Amount.--The amount of a grant awarded under this
section may not be more than $1,000,000.
(2) Requirement for matching funds.--A State that receives
a grant under this section shall provide an equal amount of
State funds to create or update fire-hazard assessment maps.
(d) Applications.--
(1) In general.--An application for a grant under this
section shall be made at such time and in such manner as the
Under Secretary shall require.
(2) Review.--Applications for grants under this section
shall be reviewed by an appropriate review panel established by
the Under Secretary.
(e) Schedule.--A grant awarded under this section shall be expended
not later than 3 years after the date the grant is awarded.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for fiscal year 2008
and each fiscal year thereafter.
SEC. 7. FOREST SERVICE AND DEPARTMENT OF THE INTERIOR GRANTS.
Section 10A of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2106c) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``and the Secretary of the
Interior'' after ``The Secretary''; and
(ii) by striking ``and equivalent State
officials'' and inserting ``equivalent State
officials, and local officials'';
(B) in paragraph (3)--
(i) by striking ``trees and forests'' and
inserting ``trees, forests, and rangelands'';
and
(ii) by inserting ``and rangeland'' after
``overall forest''; and
(C) in paragraph (4)--
(i) by inserting ``and rangeland'' after
``all forest''; and
(ii) by inserting ``and other vegetation''
after ``forest cover'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking
``wildfires.'' and inserting ``wildfires;
and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) to enhance the capacity of local governments
to integrate fire-resistant community and home design
into local planning, zoning, building code, and brush
clearing ordinances.'';
(B) by amending paragraph (2) to read as follows:
``(2) Administration and implementation.--The Program shall
be administered by the Chief of the Forest Service and the
Secretary of the Interior and implemented through State
foresters or equivalent State officials.'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``Secretary,'' and inserting
``Secretary and the Secretary of the
Interior'';
(ii) by redesignating subparagraphs (F),
(G), and (H) as subparagraphs (G), (H), and
(I), respectively;
(iii) by inserting after subparagraph (E)
the following new subparagraph:
``(F) programs to build the capacity of local
governments to design and maintain fire-resistant
communities;'';
(D) in paragraph (4), by inserting ``or the
Secretary of the Interior'' after ``by the Secretary'';
and
(E) in paragraph (5), by inserting ``and the
Secretary of the Interior'' after ``The Secretary'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b), the following new
subsection (c):
``(c) Pilot Program for Fire-Safe Communities to Coordinate Across
Jurisdictional Boundaries.--
``(1) Authority.--The Secretary and the Secretary of the
Interior may carry out a pilot program to assess the
feasibility and advisability of providing assistance to fire-
safe communities located near Federal land to assist in Federal
efforts to prevent and manage fires.
``(2) Grants.--The Secretary and the Secretary of the
Interior may carry out the pilot program through the award of
grants for purposes of the pilot program.
``(3) Use of grant funds.--A recipient of a grant under the
pilot program may use the grant for any of the following:
``(A) To implement or enforce local ordinances
consistent with the Federal model ordinance or
applicable State model ordinance.
``(B) To complete cooperative fire agreements that
articulate the roles and responsibilities for Federal,
State, and local government entities in local wildfire
suppression and protection.
``(C) To develop or implement community wildfire
protection plans to better focus resources to address
priority areas for hazardous fuels reduction projects.
``(D) To expand education programs to raise the
awareness of homeowners and citizens of wildland fire
protection practices.
``(E) To implement training programs for
firefighters on wildland firefighting techniques and
approaches.
``(F) To acquire equipment acquisition to
facilitate wildland fire preparedness.
``(4) Matching requirement.--
``(A) In general.--Subject to subparagraph (B), a
person who receives a grant under the pilot program
shall provide non-Federal funds in an amount equal to
25 percent of the amount of such grant.
``(B) Waiver.--The Secretary or the Secretary of
the Interior may waive the requirements of subparagraph
(A) in extraordinary circumstances.'';
(5) in subsection (d), as redesignated by paragraph (3), by
inserting ``and the Secretary of the Interior'' after
``section, the Secretary''; and
(6) in subsection (e), as redesignated by paragraph (3)--
(A) in the matter preceding paragraph (1), by
striking ``to the Secretary'';
(B) in paragraph (1), by striking ``and'' at the
end; and
(C) by striking paragraph (2) and inserting the
following:
``(2) to the Secretary--
``(A) $35,000,000 for each of fiscal years 2008
through 2013; and
``(B) such sums as are necessary for each fiscal
year thereafter; and
``(3) to the Secretary of the Interior--
``(A) $15,000,000 for each of fiscal years 2008
through 2013; and
``(B) such sums as are necessary for each fiscal
year thereafter.''. | Fire-Safe Communities Act - Requires the Director of the National Institute of Standards and Technology (NIST) to publish a federal model ordinance for municipalities at risk (subdivisions located in a fire hazard area) that includes specified elements regarding fire prevention and management, such as: (1) specifications for construction materials and techniques for use in such communities; and (2) standards for roads, culverts, and bridges.
Authorizes the Under Secretary for Federal Emergency Management of the Department of Homeland Security (DHS) to modify, for a municipality at risk, the requirements of the Fire Management Assistance Grant Program related to the provision of a non-federal share of funds, so that if such a municipality has adopted an applicable model ordinance and is making significant progress toward implementing it, the Under Secretary may reduce the required non-federal share to 10% of the grant amount.
Directs the Under Secretary to provide grants to: (1) municipalities at risk to encourage responsible development in state-identified fire-prone regions and to mitigate the catastrophic effects of fires; and (2) states to create or update fire-hazard assessment maps.
Amends the Cooperative Forestry Assistance Act of 1978 to: (1) include as a purpose of the Community and Private Land Fire Assistance Program to enhance the capacity of local governments to integrate fire-resistant community and home design into local planning, zoning, building code, and brush clearing ordinances; and (2) authorize a pilot program to assess the feasibility and advisability of providing assistance to fire-safe communities located near federal land. | {"src": "billsum_train", "title": "A bill to promote fire-safe communities, and for other purposes."} | 3,240 | 334 | 0.62234 | 1.766058 | 0.809166 | 5.334426 | 9.881967 | 0.954098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans and Survivors Behavioral
Health Awareness Act''.
SEC. 2. SCHOLARSHIP PROGRAM FOR EDUCATION AND TRAINING OF BEHAVIORAL
HEALTH CARE SPECIALISTS FOR VET CENTERS.
(a) Program Required.--The Secretary of Veterans Affairs, acting
through the Under Secretary for Health of the Department of Veterans
Affairs, shall carry out a program to provide scholarships to
individuals pursuing education or training in behavioral health care
specialties that are critical to the operations of Vet Centers in order
to recruit and retain individuals with such specialties for service as
behavioral health care specialists in Vet Centers.
(b) Eligibility.--An individual shall be eligible for a scholarship
under the program under this section if the individual--
(1) is pursuing education or training leading to licensure
or other certified proficiency in such behavioral health care
specialties critical to the operations of Vet Centers as the
Secretary shall designate for purposes of the program; and
(2) otherwise meets such other criteria or requirements as
the Secretary shall establish for purposes of the program.
(c) Amount.--The amount of any scholarship provided under the
program under this section shall be determined by the Secretary.
(d) Agreement To Serve as Behavioral Health Care Specialist in Vet
Centers.--As a condition of receipt of a scholarship under the program
under this section, an individual receiving a scholarship shall enter
into an agreement with the Secretary to serve as an employee of a Vet
Center in the behavioral health care specialty of the individual for
such period as the Secretary shall specify in the agreement.
(e) Repayment.--Each agreement under subsection (c) shall contain
such provisions as the Under Secretary shall establish for purposes of
the program under this section relating to repayment of the amount of a
scholarship provided under this section in the event the individual
entering into such agreement does not fulfill the service requirements
in such agreement. Such provisions shall apply, to the maximum extent
practicable, uniformly to all recipients of scholarships provided under
this section.
(f) Funding.--(1) Amounts for scholarships under the program under
this section shall be derived from amounts available to the Secretary
for readjustment benefits.
(2) The total amount available for scholarships under the program
under this section in any fiscal year may not exceed $2,000,000.
(g) Vet Centers Defined.--In this section, the term ``Vet Centers''
means the centers for readjustment counseling and related mental health
services for veterans under section 1712A of title 38, United States
Code.
SEC. 3. RESTORATION OF AUTHORITY OF VETS CENTERS TO PROVIDE REFERRAL
AND OTHER ASSISTANCE UPON REQUEST TO FORMER MEMBERS OF
THE ARMED FORCES NOT AUTHORIZED COUNSELING.
Section 1712A of title 38, United States Code, is amended by
inserting after subsection (b) the following new subsection (c):
``(c) Upon receipt of a request for counseling under this section
from any individual who has been discharged or released from active
military, naval, or air service but who is not otherwise eligible for
such counseling, the Secretary shall--
``(1) provide referral services to assist such individual,
to the maximum extent practicable, in obtaining mental health
care and services from sources outside the Department; and
``(2) if pertinent, advise such individual of such
individual's rights to apply to the appropriate military,
naval, or air service, and to the Department, for review of
such individual's discharge or release from such service.''.
SEC. 4. GRANTS FOR NONPROFIT ORGANIZATIONS FOR THE PROVISION OF
EMOTIONAL SUPPORT SERVICES TO SURVIVORS OF MEMBERS OF THE
ARMED FORCES AND VETERANS.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a program to award grants to nonprofit organizations that provide
emotional support services for survivors of deceased members of the
Armed Forces (including members of the National Guard and Reserve) and
deceased veterans through peers of such survivors.
(b) Award of Grants.--
(1) Eligibility.--To be eligible for a grant under the
program under this section, a nonprofit organization shall meet
such criteria as the Secretary shall establish for purposes of
the program.
(2) Application.--A nonprofit organization seeking a grant
under the program shall submit to the Secretary an application
for the grant in such form and manner as the Secretary shall
specify for purposes of the program.
(c) Grants.--
(1) Amount.--The amount of each grant awarded a nonprofit
organization under the program under this section shall be such
amount as the Secretary determines appropriate for purposes of
the program.
(2) Duration.--The duration of each grant awarded a
nonprofit organization shall be such period as the Secretary
determines appropriate for purposes of the program.
(d) Use of Grant Funds.--Each nonprofit organization awarded a
grant under the program under this section shall utilize amounts under
the grant to provide such emotional support services for survivors of
deceased members of the Armed Forces (including members of the National
Guard and Reserve) and deceased veterans through peers of such
survivors as the Secretary shall specify in the grant.
(e) Funding.--Amounts for grants under the program under this
section shall be derived from amounts authorized to be appropriated for
the Veterans Health Administration of the Department of Veterans
Affairs. | Veterans and Survivors Behavioral Health Awareness Act - Directs the Secretary of Veterans Affairs (VA) to provide scholarships to individuals pursuing education or training in behavioral health care specialties that are critical to the operations of Vet Centers (centers for readjustment counseling and related mental health services for veterans) in order to recruit and retain individuals with such specialties for service in Vet Centers. Conditions the scholarship on the recipient's agreeing to serve in such a capacity for whatever period the Secretary specifies in the agreement.
Directs the Secretary, on receipt of a request for counseling from an individual who has been discharged or released from active service, to: (1) provide referrals to assist the individual in obtaining mental health care and services outside the VA; and (2) if pertinent, advise such individual of the individual's rights to apply for review of the discharge or release.
Directs the Secretary to award grants to nonprofit organizations that provide emotional support services for survivors of deceased members of the Armed Forces and deceased veterans through the survivors' peers. | {"src": "billsum_train", "title": "To improve and enhance the mental health care benefits available to veterans, to enhance counseling and other benefits available to survivors of veterans, and for other purposes."} | 1,200 | 220 | 0.666962 | 1.857029 | 0.926183 | 4.863636 | 5.363636 | 0.914141 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``State-Based
Universal Health Care Act of 2015''.
(b) Purpose.--The purpose of this Act is to establish a flexible
framework under which each State can provide comprehensive universal
health coverage to all of its residents.
SEC. 2. WAIVER FOR STATE UNIVERSAL HEALTH CARE.
(a) In General.--Subtitle D of title I of the Patient Protection
and Affordable Care Act (Public Law 111-148) is amended by inserting
after section 1332 (42 U.S.C. 18052) the following new section:
``SEC. 1332A. WAIVER FOR STATE UNIVERSAL HEALTH CARE.
``(a) Application.--
``(1) In general.--A State may apply to the Secretary (as
defined in subsection (g)(3)) for the waiver of so much of the
requirements described in paragraph (2) with respect to health
benefits coverage within that State for plan years beginning on
or after January 1, 2016, as is necessary to implement a
comprehensive State universal health care plan in the State
under this section. Such application shall--
``(A) be filed at such time and in such manner as
the Secretary may require;
``(B) contain such information as the Secretary may
require, including--
``(i) a comprehensive description of the
State legislation and program to implement a
plan meeting the requirements for a waiver
under this section; and
``(ii) a 10-fiscal-year budget plan for
such plan that is budget neutral for the
Federal Government; and
``(C) provide an assurance that the State has
enacted the law described in subsection (b)(2).
``(2) Requirements.--The requirements described in this
paragraph with respect to health benefits coverage within the
State for plan years beginning on or after January 1, 2016, are
as follows:
``(A) Parts I, II, and III of subtitle D.
``(B) Section 1402.
``(C) Sections 36B, 4980H, and 5000A of the
Internal Revenue Code of 1986.
``(D) Title XI of the Social Security Act.
``(E) Title XVIII of the Social Security Act.
``(F) Title XIX of the Social Security Act.
``(G) Title XXI of the Social Security Act.
``(H) Chapter 89 of title 5 of the United States
Code.
``(I) Chapter 55 of title 10, United States Code,
including coverage under the TRICARE program.
``(J) Section 514 of the Employee Retirement Income
Security Act of 1974.
``(3) Pass through of funding.--With respect to a State
waiver under paragraph (1), under which the State assumes
responsibility for health coverage under a specified Federal
health program, including under each of the Federal health care
or subsidy programs specified in subparagraphs (B), (C), (E),
(F), (G), and (H) of paragraph (2), the Secretary shall not
spend Federal health funds that would otherwise have been spent
for such program and shall provide for an alternative means by
which the aggregate amount of such funds shall be paid to the
State for purposes of implementing the State plan under the
waiver. Such amount shall be determined annually by the
Secretary, taking into account the amount that would otherwise
have been spent under such Federal health program with respect
to residents of such State, if such waiver did not apply. Such
amount shall include funds equal to the amount of premium tax
credits, cost-sharing reductions, or small-business credits
under sections 36B and 45R of the Internal Revenue Code of 1986
or under section 1402 that would have been available to
individuals and businesses in the State if such waiver did not
apply.
``(4) Waiver consideration and transparency.--
``(A) In general.--An application for a waiver
under this section shall be considered by the Secretary
in accordance with the regulations described in
subparagraph (B).
``(B) Regulations.--Not later than 180 days after
the date of enactment of the State-Based Universal
Health Care Act of 2015, the Secretary shall promulgate
regulations relating to waivers under this section that
provide--
``(i) a process for public notice and
comment at the State level, including public
hearings, sufficient to ensure a meaningful
level of public input;
``(ii) a process for the submission of an
application that ensures the disclosure of--
``(I) the provisions of law that
the State involved seeks to waive; and
``(II) the specific plans of the
State to ensure that the waiver will be
in compliance with subsection (b);
``(iii) a process for providing public
notice and comment after the application is
received by the Secretary, that is sufficient
to ensure a meaningful level of public input
and that does not impose requirements that are
in addition to, or duplicative of, requirements
imposed under the Administrative Procedure Act,
or requirements that are unreasonable or
unnecessarily burdensome with respect to State
compliance;
``(iv) a process for the submission to the
Secretary of periodic reports by the State
concerning the implementation of the program
under the waiver; and
``(v) a process for the periodic evaluation
by the Secretary with respect to waivers
granted under this section.
``(C) Report.--The Secretary shall annually report
to Congress concerning actions taken by the Secretary
with respect to applications for waivers, and programs
conducted through waivers granted, under this section.
``(b) Granting of Waivers.--
``(1) In general.--The Secretary may grant a request for a
waiver under subsection (a)(1) only if the Secretary determines
that the State plan--
``(A) will provide health benefits coverage to
State residents that is at least as comprehensive as
the health benefits coverage that such residents would
have received under the specified Federal health
program for which such residents would have been
eligible, absent such waiver;
``(B) will provide coverage and cost sharing
protections against excessive out-of-pocket spending to
State residents that are at least as affordable as the
coverage and cost sharing protections under the
specified Federal health program for which such
residents would have been eligible, absent such waiver;
``(C) will provide coverage to substantially all
residents of the State, including substantially all
those otherwise covered under the Federal health care
or subsidy programs specified in subparagraphs (B),
(C), (E), (F), (G), and (H) of subsection (a)(2),
except individuals who are eligible for benefits
through the Indian Health Service or for benefits and
services under title 38, United States Code;
``(D) will be publicly administered by an agency of
the State; and
``(E) will not increase the Federal deficit.
Subparagraph (D) shall not be construed as limiting a State
from contracting with one or more private entities to
administer the plan.
``(2) Requirement to enact a law.--
``(A) In general.--A law described in this
paragraph is a State law that provides for State
actions under a waiver under this section, including
the implementation of the State plan under subsection
(a)(1)(B).
``(B) Termination of opt out.--A State may repeal a
law described in subparagraph (A) and terminate the
authority provided under the waiver with respect to the
State.
``(c) Scope of Waiver.--
``(1) In general.--The Secretary shall determine the scope
of a waiver of a requirement described in subsection (a)(2)
granted to a State under subsection (a)(1).
``(2) Limitation.--Under this section, the Secretary may
not waive any Federal law or requirement that is not listed in
subsection (a)(2).
``(d) Determinations by Secretary.--
``(1) Time for determination.--The Secretary shall make a
determination under subsection (a)(1) not later than 180 days
after the receipt of an application from a State under such
subsection.
``(2) Effect of determination.--
``(A) Granting of waivers.--If the Secretary
determines to grant a waiver under subsection (a)(1),
the Secretary shall notify the State involved of such
determination and the terms and effectiveness of such
waiver.
``(B) Denial of waiver.--If the Secretary
determines a waiver should not be granted under
subsection (a)(1), the Secretary shall notify the State
involved and the appropriate committees of Congress of
such determination and the reasons therefor.
``(e) Term of Waiver.--No waiver under this section may extend over
a period of longer than 5 years unless the State requests continuation
of such waiver, and such request shall be deemed granted unless the
Secretary, within 90 days after the date of its submission to the
Secretary, either denies such request in writing or informs the State
in writing with respect to any additional information which is needed
in order to make a final determination with respect to the request.
``(f) Assuring Coordination.--
``(1) In general.--Not later than 180 days after the
enactment of the State-Based Universal Health Care Act of 2015,
the Secretary of Health and Human Services, the Secretary of
the Treasury, the Director of the Office of Personnel
Management, the Secretary of Defense, and the Secretary of
Labor shall, through the execution of an interagency memorandum
of understanding among such Secretaries and the Director--
``(A) develop a process for coordinating and
consolidating the State waiver processes applicable
under the provisions of this section, and the existing
waiver processes applicable under--
``(i) titles XI, XVIII, XIX, and XXI of the
Social Security Act; and
``(ii) any other Federal law relating to
the provision of health care items or services;
and
``(B) ensure that--
``(i) regulations (including regulations
required under subsection (a)(4)(B)), rulings,
and interpretations issued by such Secretaries
and the Director relating to the same matter
over which two or more such Secretaries or
Director have responsibility under this section
are administered so as to have the same effect
at all times; and
``(ii) coordination of policies relating to
the granting, implementation, and continuation
of waivers through such Secretaries and
Director in order to have a coordinated
strategy that avoids duplication of effort by
the States or Secretaries and Director and
ensures clarity about waiver application status
and approval.
``(2) Single application.--The process under paragraph
(1)(A) shall permit a State to submit a single application for
a waiver under all of the provisions of this section and the
provisions of law listed under clauses (i) and (ii) of such
paragraph.
``(3) Submission of conforming amendments.--The Secretary
of Health and Human Services, in coordination with the other
Secretaries (including the Director of the Office of Personnel
Management), shall submit to Congress such recommendations for
such technical and conforming amendments to law as may be
appropriate to assist in the implementation of this section.
``(g) Definitions.--In this section:
``(1) Health benefits coverage.--The term `health benefits
coverage'--
``(A) means--
``(i) health insurance coverage, as such
term is defined in section 2791(b) of the
Public Health Service Act (42 U.S.C. 300gg-
91(b)); and
``(ii) coverage under a group health plan,
as such term is defined in section 2791(a) of
the Public Health Service Act (42 U.S.C. 300gg-
91(a)); and
``(B) includes any medical coverage or health
benefits provided under any specified Federal health
program described in subparagraphs (A) through (E) of
paragraph (4).
``(2) Resident.--With respect to a State, the term
`resident' means an individual who is a citizen or national of
the United States or an alien lawfully residing in the State,
and whose primary residence (as defined by the State) is
located in the State.
``(3) Secretary.--The term `Secretary' means--
``(A) the Secretary of Health and Human Services
with respect to waivers relating to the provisions
described in subparagraphs (A), (B), and (D) through
(G) of paragraph (2) of subsection (a);
``(B) the Secretary of the Treasury with respect to
waivers relating to the provisions described in
subparagraph (C) of such paragraph;
``(C) the Director of the Office of Personnel
Management with respect to waivers relating to the
provisions described in subparagraph (H) of such
paragraph;
``(D) the Secretary of Defense with respect to
waivers relating to the provisions described in
subparagraph (I) of such paragraph; and
``(E) the Secretary of Labor with respect to
waivers relating to the provisions described in
subparagraph (J) of such paragraph.
``(4) Specified federal health program.--The term
`specified Federal health program' means all of the following
programs:
``(A) The Medicare program under title XVIII of the
Social Security Act.
``(B) The Medicaid program under title XIX of the
Social Security Act.
``(C) The Children's Health Insurance Program under
title XXI of the Social Security Act.
``(D) The Federal Employees Health Benefits Plan
under chapter 89 of title 5 of the United States Code.
``(E) Medical coverage under chapter 55 of title
10, United States Code, including coverage under the
TRICARE program.
``(F) An Exchange established under this subtitle.
``(G) Subsidies under section 1402.
``(H) Tax credits under sections 36B and 45R of the
Internal Revenue Code of 1986.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section
1332 the following new item:
``Sec. 1332A. Waiver for State universal health care.''. | State-Based Universal Health Care Act of 2015 This bill amends the Patient Protection and Affordable Care Act to allow states to apply for waivers to health benefits coverage requirements in order to implement a universal health care plan. The state universal health care plan must be at least as comprehensive and affordable as coverage under federal health programs and cover substantially all state residents. States may apply to waive requirements for: health insurance exchanges, plans sold on exchanges, and the program to support nonprofit insurance issuers; reduced cost-sharing for individuals meeting income criteria; health insurance premium subsidies, employer shared responsibility payments, and minimum essential coverage; health benefits under titles XI (General Provisions), XVIII (Medicare), XIX (Medicaid), and XXI (Children's Health Insurance) (CHIP) of the Social Security Act; federal employee health benefits; health benefits for members of the military; and health insurance under the Employee Retirement Income Security Act of 1974 (ERISA). The Department of Health and Human Services (HHS) must pay a state that assumes responsibility for health coverage currently provided under a federal health program the amount that would otherwise have been spent under the program. HHS, the Office of Personnel Management, and the Departments of the Treasury, Defense, and Labor must coordinate and consolidate this state waiver process with existing waiver processes to ensure consistency and avoid duplication of effort. | {"src": "billsum_train", "title": "State-Based Universal Health Care Act of 2015"} | 3,177 | 297 | 0.551481 | 1.533601 | 0.721698 | 2.277154 | 11.202247 | 0.868914 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute for the
Environment Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) An appropriate scientific understanding of the diverse
physical, biological, engineering, social, and economic issues
that underlie the environmental problems facing the United
States is essential to finding environmentally and economically
sound solutions to the problems.
(2) While more than a dozen Federal agencies support
environmental research and gather environmental information,
there is not a lead Federal agency for environmental research
and information.
(3) The current approach of the Federal Government to
developing a scientific understanding of environmental
problems, and of applying that understanding to the problems,
lacks coherence and often fails to provide information vital to
finding sound solutions to the problems.
(4) The United States needs to improve the scientific basis
for decisionmaking by Federal, State, and local governments,
and private sector entities, on environmental issues.
(5) Many environmental issues that will seriously affect
the United States in the future are not adequately studied
under existing Federal environmental research programs.
(6) Existing Federal environmental research programs often
do not provide adequate information in a timely manner to
enable Federal, State, and local governments, and private
sector entities, to engage in well-informed decisionmaking on
environmental and related issues.
(7) Existing Federal environmental research programs do not
adequately address, link, and integrate research in different
disciplinary, interdisciplinary, and multidisciplinary
environmental sciences.
(8) Ongoing study and communication of the existing
knowledge about environmental issues, including the assessment
of the significance of the knowledge, are needed to strengthen
the weak link between scientific knowledge and decisionmaking
on environmental issues.
(9) Easy and effective access, including access by the
scientific community, to the many rapidly growing sources of
environmental information would improve the effectiveness of
research on, and communication about, environmental issues.
(10) To address the complex environmental problems facing
the United States, there is a growing need for more education
and training of individuals in disciplinary, interdisciplinary,
and multidisciplinary sciences related to the environment.
(b) Purpose.--It is the purpose of this Act to create an
independent establishment to improve the scientific basis for making
decisions on environmental issues through support for competitive,
peer-reviewed, extramural research, ongoing knowledge assessments, data
and information activities, and education and training on environmental
issues.
SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE FOR THE ENVIRONMENT.
There is established as an independent establishment an institute
to be known as the ``National Institute for the Environment'' (referred
to in this Act as the ``Institute''). The mission of the Institute
shall be to improve the scientific basis for decisionmaking on
environmental issues.
SEC. 4. DUTIES.
The Institute shall have the following duties:
(1) To increase scientific understanding of environmental
issues (including environmental resources, systems, and
sustainability, and the human dimensions associated with
environmental issues) by initiating and supporting credible,
extramural, problem-focused, peer-reviewed basic and applied
scientific environmental research and other disciplinary,
multidisciplinary, and interdisciplinary environmental
programs. The support of research and programs under this
paragraph may include the provision of financial assistance
pursuant to section 8, including grants, contracts, and
cooperative agreements.
(2) To assist decisionmaking on environmental issues by
providing ongoing, comprehensive assessments of knowledge of
environmental issues. The performance of assessments under this
paragraph shall include the following:
(A) Summarizing the state of the knowledge.
(B) Assessing the implications of the knowledge.
(C) Identifying additional research that will
provide information needed for decisionmaking by
Federal, State, and local governments, and private
sector entities, on environmental issues.
(D) Analyzing constraints that may affect the
conduct of research described in subparagraph (C),
including the existence of limited technological,
human, and economic resources.
(E) Communicating the results of assessments under
this paragraph to relevant Federal, State, and local
government decisionmakers and the public.
(3) To serve as the foremost provider and facilitator in
the United States of access to current and easy-to-use peer-
reviewed scientific and technical information about the
environment. The provision and facilitation of access to
information under this paragraph shall include the following:
(A) Providing and facilitating access to credible
environmental information (including scientific and
technological results of environmental research) for
relevant Federal, State, and local government
decisionmakers, policy analysts, researchers, resource
managers, educators, information professionals
(including computer and telecommunications
specialists), and the general public.
(B) Establishing an electronic network that--
(i) uses existing telecommunications
infrastructures to provide single-point access
to environmental information; and
(ii) includes existing collections of
environmental information, such as libraries,
specialized information centers, data and
statistical centers, and government and private
sector repositories of regional, event-driven,
or ecosystem information.
(C) Identifying and encouraging the effective
application of state-of-the-art information
technologies to promote the availability and use of,
and access to, environmental knowledge.
(D) Providing long-term stewardship of the
environmental information resources of the United
States, including efforts to ensure the continued
usefulness of the resources, through the promotion and
development of policies and standards for providing
access to environmental information, and through the
support of relevant research and development.
(4) To sponsor higher education and training in
environmental fields in order to contribute to a greater public
understanding of the environment and to ensure that the United
States has a core of scientifically educated and trained
personnel who possess skills to meet the environmental needs of
the United States. The sponsorship of education and training
under this paragraph shall include the following:
(A) Awarding scholarships, traineeships, and
graduate fellowships at appropriate nonprofit
institutions of the United States for study and
research in natural and social sciences and engineering
related to the environment.
(B) Supporting curriculum and program development
in fields related to the environment.
(C) Promoting the involvement of women, minorities,
and other underrepresented groups.
(5) To encourage and support the development and use of
methods and technologies that increase scientific and general
understanding of the environment and minimize adverse
environmental impact.
(6) To evaluate the status and needs of the various
environmental sciences and fields.
(7) To foster interchange of scientific information about
the environment among scientists, Federal, State, and local
government decisionmakers, and the public.
(8) To identify and seek to address emerging environmental
issues and all aspects of scientific, technological, and
societal aspects of environmental problems.
(9) To establish research priorities for the Institute for
environmental issues of global, national, and regional
significance.
SEC. 5. GOVERNING BOARD.
(a) Establishment.--There shall be a Governing Board for the
Institute (referred to in this Act as the ``Board'') which shall
establish the policies and priorities of the Institute.
(b) Membership.--
(1) Appointment.--The Board shall be composed of 18 members
who shall be appointed by the President by and with the advice
and consent of the Senate.
(2) Representation on the board.--
(A) In general.--The members of the Board shall
include individuals--
(i) who, as scientists and users of
scientific information, are representative of
diverse groups and entities, including States,
academic institutions, businesses,
environmental groups, citizens groups, and
other appropriate organizations;
(ii) who have a distinguished record of
service in their fields; and
(iii) who, among the scientific members of
the Board, represent the diversity of
scientific fields that study the environment.
(B) Selection of certain groups.--In making
appointments under this subsection, the President shall
seek to provide for representation on the Board of
women, minority groups, and individuals recommended by
the National Academy of Sciences, the National Academy
of Engineering, and other groups.
(c) Terms.--
(1) Initial terms.--Members initially appointed to the
Board shall serve for the following terms:
(A) 6 members shall serve for an initial term of 2
years.
(B) 6 members shall serve for an initial term of 4
years.
(C) 6 members shall serve for an initial term of 6
years.
(2) Subsequent terms.--On completion of a term referred to
in paragraph (1), each member of the Board subsequently
appointed or reappointed shall serve for a term of 6 years,
with a maximum of 2 consecutive terms for any member appointed
under this section.
(d) Administration.--
(1) Travel expenses.--Each member of the Board who is not
an officer or employee of the United States may receive travel
expenses, including per diem in lieu of subsistence, in the
same manner as travel expenses are allowed under section 5703
of title 5, United States Code, for persons serving
intermittently in the Government service.
(2) Prohibition of compensation of federal employees.--
Members of the Board who are full-time officers or employees of
the United States or Members of Congress may not receive
additional pay, allowances, or benefits by reason of their
service on the Board.
(e) Chairperson.--The Chairperson of the Board shall be designated
by the President at the time of the appointment. The term of office of
the Chairperson shall be 6 years.
(f) Meetings.--The Board shall meet as needed at the call of the
Chairperson or a majority of the members of the Board, but not less
than 4 times a year.
(g) Reports.--The Board shall periodically submit to the President
reports on such specific environmental policy matters as the Board, the
President, or Congress determines to be necessary. After receipt of any
such report, the President shall transmit the report to Congress in a
timely fashion, together with any comments that the President considers
to be appropriate.
(h) Advisory Committees.--The Board may establish such advisory
committees as the Board considers necessary to carry out this Act.
SEC. 6. STAFF.
(a) Director.--
(1) Appointment.--The Director of the Institute shall be
appointed by the President by and with the advice and consent
of the Senate.
(2) Authority.--The Director shall exercise all of the
authority granted to the Institute by this Act, including any
powers and functions delegated to the Director by the Board.
All actions taken by the Director pursuant to this Act, or
pursuant to the delegation from the Board, shall be final and
binding on the Institute. The Director shall formulate programs
consistent with the policies of the Institute and in
consultation with the Board and any appropriate advisory
committee established pursuant to this Act.
(3) Pay; term of office.--The Director shall receive basic
pay at the rate provided for level II of the Executive Schedule
under section 5313 of title 5, United States Code, and shall
serve for a term of 6 years.
(4) NSTC membership.--Section 401(b) of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6651(b)) is amended by inserting ``, the
Director of the National Institute for the Environment,'' after
``the Director of the Office of Science and Technology
Policy''.
(b) Assistant Directors.--The President may, on the recommendation
of the Director, appoint such assistant Directors as the President
considers necessary to carry out this Act.
SEC. 7. INTERAGENCY ADVISORY COMMITTEE.
(a) Establishment.--There is established an Interagency Advisory
Committee to ensure that the environmental efforts of the Institute and
other Federal agencies are complementary.
(b) Duties.--It shall be the duty of the Interagency Advisory
Committee established under subsection (a) to provide recommendations
and advice to the Board to help to ensure that--
(1) the research priorities and agenda of the Institute
support, rather than duplicate or compete with, the research
agendas of existing Federal agencies;
(2) the knowledge assessment activities of the Institute
incorporate knowledge obtained and possessed by other Federal
agencies, and are useful to the agencies;
(3) information within the databases of other Federal
agencies is available for incorporation into the information
network of the Institute; and
(4) the educational programs of the Institute serve the
needs of the United States.
(c) Composition.--
(1) In general.--The Interagency Advisory Committee
established under subsection (a) shall include directors of
research (or individuals who hold a comparable position) from
Federal agencies that conduct or use substantial quantities of
environmental research, including--
(A) the Environmental Protection Agency;
(B) the National Oceanic and Atmospheric
Administration;
(C) the National Science Foundation;
(D) the Department of Energy;
(E) the Department of the Interior; and
(F) the Department of Agriculture.
(2) Ex officio members.--The Director of the Office of
Science and Technology Policy (or a designee of the Director)
and the Director of the Office of Environmental Quality (or a
designee of the Director) shall serve as ex officio members of
the Interagency Advisory Committee.
(d) Duration.--Section 14(a)(2) of the Federal Advisory Committee
Act (5 U.S.C. App. 2) shall not apply to the Interagency Advisory
Committee established under subsection (a).
SEC. 8. FUNDING.
(a) Authority to Provide Financial Assistance.--The Institute may
enter into contracts and cooperative agreements and provide financial
assistance, including grants, to carry out the duties of the Institute
under this Act.
(b) Persons Eligible to Receive Funding.--Scientists, engineers,
and other researchers are eligible to receive funding from the
Institute under subsection (a), except that--
(1) scientists from Federal agencies shall not be given a
preference for funding based on their employment with the
Federal Government; and
(2) the receipt of funding from the Institute shall be
subject to any criteria and other requirements that are
prescribed by the Institute.
(c) Receipt of Funds from Other Persons.--The Institute may,
subject to the approval of the Board, receive funds from other Federal
agencies and private sector persons to carry out particular projects
and activities under this Act. Funds received under this subsection
shall be deposited in the Treasury and shall be made available to the
Institute to the extent provided in appropriations Acts.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
S 2242 IS----2
S 2242 IS----3 | National Institute for the Environment Act - Establishes the National Institute for the Environment to: (1) increase scientific understanding of environmental issues by supporting scientific environmental research and other environmental programs; (2) assist decision-making on environmental issues by providing assessments of knowledge of such issues; (3) serve as the foremost provider of access to current scientific and technical information about the environment; (4) sponsor higher education and training in environmental fields; (5) support the development of methods and technologies that increase understanding of the environment and minimize adverse environmental impact; (6) evaluate the status and needs of the various environmental sciences and fields; (7) foster interchange of scientific information about the environment; (8) address emerging environmental issues and aspects of environmental problems; and (9) establish research priorities for environmental issues.
Establishes a Governing Board for the Institute and an Interagency Advisory Committee to ensure that the environmental efforts of the Institute and Federal agencies are complementary.
Makes scientists, engineers, and other researchers eligible to receive funding from the Institute.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Institute for the Environment Act"} | 3,115 | 211 | 0.624738 | 1.731201 | 0.92469 | 4.186603 | 14.564593 | 0.971292 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Castner Range
National Monument Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of Castner Range National Monument, Texas.
Sec. 4. Access and buffer zones.
Sec. 5. Management of Federal lands within the National Monument.
Sec. 6. Water.
Sec. 7. Border security.
Sec. 8. Department of Army responsibility and authority.
Sec. 9. Castner Range National Monument Advisory Council.
Sec. 10. Land conveyance, Castner Range, Fort Bliss, Texas.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``advisory council'' means
the Castner Range National Monument Advisory Council.
(2) National monument.--The term ``National Monument''
means the Castner Range National Monument.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Texas.
SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL MONUMENT, TEXAS.
(a) Establishment.--Subject to valid existing rights, there is
hereby established the Castner Range National Monument in the State.
(b) Area Included.--The National Monument consists of Federal land
and interests in Federal land within El Paso County, Texas, as depicted
on the map entitled ``Castner Range National Monument''.
(c) Exclusion of Non-Federal Land.--The National Monument includes
only Federal land and interests in Federal land and does not include or
apply to private property or other non-Federal land and interests in
land within the exterior boundaries of the National Monument.
(d) Purpose.--The purpose of the National Monument is to conserve,
protect, and enhance for the benefit and enjoyment of present and
future generations the ecological, scenic, wildlife, recreational,
cultural, historical, natural, educational, and scientific resources of
the lands included in the National Monument, including Castner Range
and its--
(1) relationship to the Department of the Army;
(2) role as a water conservation sanctuary through a dozen
natural canyons, arroyos (``gullies, washes'') and alluvial
fans which efficiently transport run-off from the heights
through seepage into the large underground Hueco Bolson
(``aquifer'', which along with the West Side Mesilla Bolson
supplies much of El Paso's water);
(3) historical significance, as it contains numerous
archaeological and historical resources that date as far back
as the Paleo-Indian, Archaic and historic Indian groups, lasted
from about 8000 B.C. to 4000 B.C. and was initially
characterized by big-game hunting;
(4) significance as a habitat for an extremely diverse
aggregation of wildlife and plant species of special concern
that are thought to inhabit Castner Range, including the sand
prickly pear, the Texas lyre snake, and the western burrowing
owl; and
(5) significance as a one-of-a-kind vegetation region that
includes a mountainous area, cactus lechuguilla region, and
draw-yucca grassland region.
SEC. 4. ACCESS AND BUFFER ZONES.
(a) Access.--The Secretary shall continue to provide historical and
adequate access to private inholdings within the exterior boundaries of
the National Monument.
(b) Buffer Zones.--Nothing in this Act creates a protective
perimeter or buffer zone around the National Monument. The fact that
any activities or uses outside of areas designated by this Act can be
seen or heard within the National Monument shall not preclude the
activities or uses outside of the National Monument.
(c) Use of Easements.--Nothing in this Act shall affect currently
used easements located within the National Monument, including the use
of Trans Mountain Highway, the National Border Patrol Museum, El Paso
Museum of Archaeology, and the El Paso Water Utilities.
SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NATIONAL MONUMENT.
(a) Basis of Management.--
(1) Applicable laws.--The Secretary shall manage the
National Monument in a manner that conserves, protects, and
enhances the natural resources and values of the National
Monument, in accordance with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) the Act of June 17, 1902 (commonly known as the
Reclamation Act of 1902; 32 Stat. 388), and Acts
amendatory thereof and supplemental thereto.
(2) Resolution of conflicts.--If there is a conflict
between a provision of this Act and a provision of one of the
other laws specified in paragraph (1), the more restrictive
provision shall control.
(b) Tribal Cultural Uses.--Nothing in this Act shall be construed
to enlarge or diminish the rights of any Indian Tribe.
(c) Management Plan.--
(1) In general.--The Secretary shall develop a
comprehensive plan for the protection and management of the
National Monument that fulfills the purposes specified in
section 3. In implementing the management plan and in
considering any recommendations from the advisory council, the
Secretary shall consult with the advisory council on a regular
basis.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of
the National Monument;
(B) identify short-term and long-term management
actions and prioritize management actions based on
projected availability of resources;
(C) include a habitat restoration opportunities
component;
(D) include a recreational opportunity enhancement
component; and
(E) include a component that addresses the
Secretary of Army's remediation of hazardous substances
or munitions and explosives of concern within the
National Monument.
(3) Public participation and special considerations.--In
developing the management plan, and to the extent consistent
with this section, the Secretary--
(A) shall solicit extensive public input;
(B) shall take into consideration any information
developed in studies of the land within the National
Monument;
(C) shall assess available climate change
information pertinent to the National Monument;
(D) shall include standards and practices to ensure
the preservation of wildlife corridors and facilitate
species migration; and
(E) may incorporate any provision from a resource
management plan, land and resource management plan, or
any other plan applicable to the National Monument.
(d) Cooperative Agreements.--In carrying out this Act, the
Secretary may make grants to, or enter into cooperative agreements
with, State, Tribal, and local governmental entities and private
entities to conduct research, develop scientific analyses, and carry
out any other initiative relating to the restoration or conservation of
the National Monument.
(e) Motorized and Mechanized Vehicles.--Except where needed for
administrative purposes or to respond to an emergency, the use of
motorized and mechanized vehicles on lands within the National Monument
shall be permitted only on roads and trails designated for their use.
(f) Acquisition and Incorporation of Lands and Interests.--
(1) Authority.--The Secretary may acquire non-Federal land
within the exterior boundaries of the National Monument only
through exchange, donation, or purchase from a willing seller.
(2) Management.--Any land or interest in land that is
located within the National Monument that is acquired by the
United States shall--
(A) become part of the National Monument; and
(B) be managed in accordance with this Act.
(g) Withdrawal.--Subject to valid existing rights, all Federal land
within the National Monument is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) leasing or disposition under all laws relating to
operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(h) Limited Conveyance Authority.--The Secretary may authorize the
conveyance of Federal land within the National Monument if--
(1) the purpose for which the land is to be conveyed is
consistent with the purposes specified in section 3;
(2) the conveyance would benefit the National Monument and
is in the public interest, as determined by the Secretary; and
(3) the conveyance is made in accordance with applicable
laws (including regulations).
(i) Wildland Fire Operations.--Nothing in this section prohibits
the Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the National Monument consistent with the purposes specified in section
3.
SEC. 6. WATER.
Nothing in this Act--
(1) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this Act,
including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of the enactment of this Act;
(4) authorizes or imposes any new reserved Federal water
rights; or
(5) relinquishes or reduces any water rights reserved or
appropriated by the United States in the State on or before the
date of the enactment of this Act.
SEC. 7. BORDER SECURITY.
(a) In General.--Nothing in this Act--
(1) prevents the Secretary of Homeland Security from
conducting--
(A) undertaking law enforcement and border security
activities, in accordance with section 4(c) of the
Wilderness Act (16 U.S.C. 1133(c)), including the
ability to use motorized access within an area while in
pursuit of a suspect; or
(B) any low-level flights over the area that may be
necessary for law enforcement and border security
purposes; or
(2) affects the 2006 Memorandum of Understanding among the
Department of Homeland Security, the Department of the
Interior, and the Department of Agriculture regarding
cooperative national security and counterterrorism efforts on
Federal lands along the borders of the United States.
(b) Withdrawal and Administration of Certain Area.--Nothing in this
section precludes the Secretary from allowing within the area described
in subsection (a)(1)(A) the installation and maintenance of
communication or surveillance infrastructure necessary for law
enforcement or border security activities.
SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AUTHORITY.
(a) Responsibility.--Nothing in this Act shall affect--
(1) the responsibility of the Department of the Army under
applicable environmental laws, including the remediation of
hazardous substances or munitions and explosives of concern
within the National Monument boundaries;
(2) the statutory authority of the Department of the Army
to control public access or statutory responsibility to make
other measures for environmental remediation, monitoring,
security, safety, or emergency preparedness purposes;
(3) the activities of the Department of the Army on lands
not included within the National Monument; or
(4) the responsibility of the Department of the Army, in
consultation with the Secretary (acting through the Bureau of
Land Management), to continue to manage the lands and interests
in lands under the Secretary's jurisdiction within the National
Monument boundaries until the Army transfers administrative
jurisdiction of those lands and interests in lands to the
Bureau of Land Management.
(b) Authority.--The Secretary of the Army and the Secretary may
enter into a memorandum of understanding whereby the Secretary of the
Army--
(1) may relinquish administrative jurisdiction over the
Castner Range, Fort Bliss, Texas, to the Secretary of the
Interior; and
(2) may not relinquish or diminish the responsibility of
the Secretary of the Army of responsibilities referred to in
subsection (a).
SEC. 9. CASTNER RANGE NATIONAL MONUMENT ADVISORY COUNCIL.
(a) Establishment.--Not less than 180 days after the date of the
enactment of this Act, the Secretary shall establish an advisory
council to be known as the ``Castner Range National Monument Advisory
Council''.
(b) Duties.--The advisory council shall advise the Secretary with
respect to the preparation and implementation of the management plan
for the National Monument.
(c) Applicable Law.--The advisory council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) all other applicable law.
(d) Members.--The advisory council shall include 11 members, to be
appointed by the Secretary, of whom, to the extent practicable--
(1) one member shall be appointed after considering the
recommendations of the El Paso County Commissioners Court;
(2) one member shall be appointed after considering the
recommendations of the head of the Texas Parks and Wildlife
Department;
(3) one member shall be appointed to represent Native
American Tribes;
(4) one member shall be appointed to represent Fort Bliss;
and
(5) seven members shall reside in, or within reasonable
proximity to, the county specified in paragraphs (1) through
(4) with backgrounds that reflect--
(A) the purposes specified in section 3; and
(B) the interest of persons affected by the
planning and management of the National Monument,
including persons representing the agricultural,
private land-ownership, environmental, recreational,
tourism, or other non-Federal land interests.
(e) Representation.--The Secretary shall ensure that the membership
of the advisory council is fairly balanced in terms of the points of
view represented and the functions to be performed by the advisory
council.
(f) Terms.--
(1) Staggered terms.--Members of the advisory council shall
be appointed for terms of 3 years, except that, of the members
first appointed, 5 of the members shall be appointed for a term
of one year and 5 of the members shall be appointed for a term
of 2 years.
(2) Reappointment.--A member may be reappointed to serve on
the advisory council upon the expiration of the member's
current term.
(3) Vacancy.--A vacancy on the advisory council shall be
filled in the same manner as the original appointment.
(g) Quorum.--A quorum shall be 7 members of the advisory council.
The operations of the advisory council shall not be impaired by the
fact that a member has not yet been appointed as long as a quorum has
been attained.
(h) Chairperson and Procedures.--The advisory council shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i) Service Without Compensation.--Members of the advisory council
shall serve without pay.
(j) Termination.--The advisory committee shall cease to exist--
(1) on the date that is 5 years after the date on which the
management plan is officially adopted by the Secretary; or
(2) on such later date as the Secretary considers
appropriate.
SEC. 10. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS.
Section 2844 of the National Defense Authorization Act for Fiscal
Year 2013 is repealed. | Castner Range National Monument Act This bill establishes the Castner Range National Monument in Texas. The Department of the Interior shall continue to provide historical and adequate access to private inholdings within the Monument's exterior boundaries. Interior shall: manage the Monument in a manner to conserve, protect, and enhance its natural resources and values; and develop a comprehensive management plan for the Monument's protection and management. Interior shall also establish a Castner Range National Monument Advisory Council to advise Interior with respect to the preparation and implementation of the management plan. | {"src": "billsum_train", "title": "Castner Range National Monument Act"} | 3,423 | 115 | 0.649005 | 1.698822 | 0.574037 | 3.894231 | 29.721154 | 0.932692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Medical Assistance Act of
1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102(a)(2) of title 49, United
States Code.
(3) Aircraft.--The term ``aircraft'' has the meaning given
that term in section 40102(a)(6) of title 49, United States
Code.
(4) Airport.--The term ``airport'' has the meaning given
that term in section 40102(a)(9) of title 49, United States
Code.
(5) Foreign air transportation.--The term ``foreign air
transportation'' has the meaning given that term in section
40102(a)(23) of title 49, United States Code.
(6) Interstate air transportation.--The term ``interstate
air transportation'' has the meaning given that term in section
40102(a)(25) of title 49, United States Code.
(7) Major air carrier.--The term ``major air carrier''
means an air carrier that--
(A) has been issued an applicable certificate as an
air carrier under section 41102 of title 49, United
States Code; and
(B) during the 12-month period ending March 31 of
the most recent year preceding the date of enactment of
this Act, accounted for at least 1 percent of domestic-
scheduled passenger revenues, as reported to the
Department of Transportation pursuant to part 241 of
title 14, Code of Federal Regulations.
(8) Medically qualified individual.--The term ``medically
qualified individual'' includes any individual who is licensed,
certified, or otherwise qualified to provide medical care in a
State, including an ambulance attendant.
SEC. 3. MEDICAL KIT EQUIPMENT AND TRAINING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall review and reevaluate regulations
of the Federal Aviation Administration regarding--
(1) the equipment required to be carried in medical kits of
aircraft operated by air carriers; and
(2) the training required of flight attendants in the use
of the equipment.
(b) Regulations.--If, on the basis of a review conducted under
subsection (a), the Administrator determines that it is necessary to
issue revised regulations, the Administrator shall issue a notice of
proposed rulemaking to issue those revised regulations.
SEC. 4. REPORTS REGARDING DEATHS ON AIRCRAFT.
During the 1-year period beginning on the 90th day following the
date of enactment of this Act, a major air carrier shall make a good
faith effort to obtain, and shall submit, on a monthly basis, a report
to the Administrator that provides information concerning--
(1) the number of individuals who died on aircraft of the
air carrier, including any individual who was declared dead
after being removed from such an aircraft as a result of a
medical incident that occurred on that aircraft;
(2) the age of each individual described in paragraph (1);
(3)(A) with respect to each individual described in
paragraph (1), whether the primary cause of death was a cardiac
arrest; and
(B) if the primary cause of death of an individual
described in paragraph (1) was a cardiac arrest, whether the
cardiac arrest was the result of ventricular fibrillation;
(4) with respect to each death or medical incident that
occurred on an aircraft referred to in paragraph (1), whether
the aircraft was diverted as a result of the death or incident; and
(5) such other information as the Administrator may request
as necessary to aid in a decision concerning whether to require
automatic external defibrillators--
(A) in airports;
(B) on aircraft operated by air carriers; or
(C) in airports and on aircraft described in
subparagraph (B).
SEC. 5. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
(a) In General.--Not later than 120 days after the last day of the
1-year period described in section 4, the Administrator shall make a
decision concerning whether automatic external defibrillators should be
required--
(1) in airports;
(2) on aircraft operated by air carriers; or
(3) in airports and on aircraft described in paragraph (2).
(b) Form of Decision.--
(1) In general.--If the Administrator decides under
subsection (a) that automatic external defibrillators should be
required in airports or aircraft described in that subsection,
the Administrator shall, with respect to each such
requirement--
(A) issue proposed regulations to implement the
requirement; or
(B) submit to Congress proposed legislation to
implement the requirement.
(2) Notice.--If the Administrator decides under subsection
(a) that automatic external defibrillators should not be
required in airports or on aircraft described in that
subsection, the Administrator shall publish in the Federal
Register a notice of that decision.
(c) Contents.--If the Administrator decides that automatic external
defibrillators should be required--
(1) on aircraft operated by air carriers, a proposed
regulation described in subsection (b)(1)(A) or recommendation
for proposed legislation described in subsection (b)(1)(B)
shall include information with respect to--
(A) the size of the aircraft on which those
defibrillators should be required;
(B) the class flights (whether interstate or
foreign air transportation, or both) on which those
defibrillators should be required;
(C) the training that should be required for air
carrier personnel in the use of those defibrillators;
and
(D) the associated equipment and medication that
should be required to be carried in each aircraft
medical kit; and
(2) at airports, a proposed regulation described in
subsection (b)(1)(A) or recommendation for proposed legislation
described in subsection (b)(1)(B) shall include information
with respect to--
(A) the size of the airport at which those
defibrillators should be required;
(B) the training that should be required for
airport personnel in the use of those defibrillators;
and
(C) the associated equipment and medication that
should be required at each airport.
(d) Limitation.--The Administrator may not require automatic
external defibrillators on helicopters and on aircraft with a maximum
payload capacity (as defined in section 119.3 of title 14, Code of
Federal Regulations) of 7,500 pounds or less.
SEC. 6. LIABILITY OF INDIVIDUALS.
(a) In General.--Except as provided in subsection (b), an
individual shall not be liable for damages in any action brought in a
Federal or State court arising from an act or omission of the
individual in providing or attempting to provide assistance in the case
of an in-flight medical emergency.
(b) Exception.--The exemption under subsection (a) shall not apply
in any case in which an individual provides, or attempts to provide the
assistance referred to in that paragraph in a manner that constitutes
gross negligence or willful misconduct. | Aviation Medical Assistance Act of 1998 - Directs the Administrator of the Federal Aviation Administration (FAA) to review and reevaluate FAA regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment. Requires the Administrator to issue a notice of proposed rulemaking to make any revisions to such regulations as a result of such reevaluation.
Requires major air carriers to make a good faith effort to report monthly to the Administrator, over the course of a year, regarding deaths on aircrafts.
Requires the Administrator to make a decision whether automatic external defibrillators should be required on aircraft and at airports. Prohibits the Administrator from requiring them on helicopters and on aircraft with a maximum payload capacity of 7,500 pounds or less.
Declares that an individual shall not be liable for damages in any action brought in Federal or State court arising out of acts or omissions in providing or attempting to provide assistance to a passenger in an in-flight medical emergency, except for gross negligence or willful misconduct. | {"src": "billsum_train", "title": "Aviation Medical Assistance Act of 1998"} | 1,584 | 259 | 0.500171 | 1.394205 | 0.891197 | 4.647887 | 6.737089 | 0.901408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Charging Advancement Reform
Act'' or as the ``E-Car Act''.
SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR ELECTRIC CAR
RECHARGING PROPERTY.
(a) In General.--Section 30C of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 30C. ELECTRIC VEHICLE RECHARGING PROPERTY CREDIT.
``(a) Credit Allowed.--There shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
50 percent of the cost of any qualified electric vehicle recharging
property placed in service by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to all qualified electric vehicle recharging property placed in
service by the taxpayer during the taxable year at a location shall not
exceed--
``(1) in the case of a property of a character subject to
an allowance for depreciation, the greater of--
``(A) $100,000, or
``(B) $10,000 multiplied by the number of devices
placed in service at the location by the taxpayer
during the taxable year, and
``(2) $2,000 in any other case.
``(c) Qualified Electric Vehicle Recharging Property.--For purposes
of this section, the term `qualified electric vehicle recharging
property' means any property (not including a building) if--
``(1) such property is--
``(A) of a character subject to the allowance for
depreciation, or
``(B) installed on property which is used as the
principal residence (within the meaning of section 121)
of the taxpayer,
``(2) the original use of such property begins with the
taxpayer, and
``(3) such property is for the recharging of motor vehicles
propelled by electricity (including property relating to
providing electricity for such recharging or otherwise
necessary for such recharging property).
``(d) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--For purposes of this title, the
credit allowed under subsection (a) for any taxable
year (after the application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such
taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subsection (a) for
any taxable year (determined after application of
paragraph (1)) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 25D and 30D) and section 27 for the
taxable year.
``(e) Special Rules.--For purposes of this section--
``(1) Basis reduction.--The basis of any property shall be
reduced by the portion of the cost of such property taken into
account under subsection (a).
``(2) Property used by tax-exempt entity.--In the case of
any qualified electric vehicle recharging property the use of
which is described in paragraph (3) or (4) of section 50(b)
(including use by an Indian tribal government) and which is not
subject to a lease, the person who sold such property to the
person or entity using such property shall be treated as the
taxpayer that placed such property in service, but only if such
person clearly discloses to such person or entity in a document
the amount of any credit allowable under subsection (a) with
respect to such property (determined without regard to
subsection (d)).
``(3) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with respect
to any property referred to in section 50(b)(1) or with respect
to the portion of the cost of any property taken into account
under section 179.
``(4) Election not to take credit.--No credit shall be
allowed under subsection (a) for any property if the taxpayer
elects not to have this section apply to such property.
``(5) Recapture rules.--Rules similar to the rules of
section 179A(e)(4) shall apply.
``(6) Device.--For the purposes of subsection (b)(1), the
term `device' means an individual item of property, whether a
stand-alone item or part of property that includes multiple
devices, which functions to recharge one vehicle at a time.
``(7) Joint ownership of qualified electric vehicle
recharging property.--
``(A) In general.--Any qualified electric vehicle
recharging property shall not fail to be treated as
such property solely because such property is placed in
service with respect to 2 or more dwelling units.
``(B) Limits applied separately.--In the case of
any qualified electric vehicle recharging property
which is placed in service with respect to 2 or more
dwelling units, this section (other than this
subparagraph) shall be applied separately with respect
to the portion of such property attributable to each
such dwelling unit.
``(f) Regulations.--The Secretary shall prescribe such regulations
as necessary to carry out the provisions of this section.
``(g) Termination.--This section shall not apply to any property
placed in service after December 31, 2017.''.
(b) Conforming Amendment.--Clause (ii) of section 30D(c)(2)(B) of
such Code is amended by striking ``section 25D'' and inserting
``sections 25D and 30C''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed
in service after December 31, 2013.
(2) Preservation of last year of credit for hydrogen
refueling property.--So much of the amendment made by
subsection (a) as relates to the repeal of section 30C of the
Internal Revenue Code of 1986 (as in effect before the date of
the enactment of this Act) shall apply to property placed in
service after December 31, 2014. | Electric Charging Advancement Reform Act or the E-Car Act - Amends the Internal Revenue Code to replace the tax credit for qualified alternative fuel vehicle refueling property expenditures with a tax credit for 50% of the cost of any qualified electric vehicle recharging property that is: (1) installed on property used as the principal residence of the taxpayer, and (2) for the recharging of motor vehicles propelled by electricity. Terminates such credit after December 31, 2017. | {"src": "billsum_train", "title": "E-Car Act"} | 1,522 | 100 | 0.607913 | 1.511194 | 1.091591 | 3.420455 | 15.659091 | 0.920455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Emergency Fuel
Assistance Act of 2007''.
SEC. 2. EMERGENCY FUEL ASSISTANCE PROGRAM.
There is established within the Economic Development Administration
of the Department of Commerce, an emergency assistance program for
small businesses and small farms dependent on fuel.
SEC. 3. PRESIDENTIAL DECLARATION OF ENERGY EMERGENCY.
(a) In General.--If the President determines that the health,
safety, welfare, or economic well-being of the citizens of the United
States is at risk because of a shortage or imminent shortage of
adequate supplies of crude oil, gasoline or petroleum distillates due
to a disruption in the national distribution system for crude oil,
gasoline or petroleum distillates (including such a shortage related to
a major disaster (as defined in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)))), or significant pricing anomalies in national energy markets
for crude oil, gasoline, or petroleum distillates, the President may
declare that a Federal energy emergency exists.
(b) Scope and Duration.--The emergency declaration declared
pursuant to subsection (a) shall specify--
(1) the period, not to exceed 30 days, for which the
declaration applies;
(2) the circumstance or condition necessitating the
declaration;
(3) the area or region to which it applies which may not be
limited to a single State; and
(4) the product or products to which it applies.
(c) Extensions.--The President may--
(1) extend a declaration under subsection (a) for a period
of not more than 30 days;
(2) extend such a declaration more than once; and
(3) discontinue such a declaration before its expiration.
SEC. 4. AUTHORIZATION OF GRANTS.
(a) In General.--During any energy emergency declared by the
President under section 3, the Secretary of Commerce is authorized to
award grants to States under a declaration of fuel supply interruption
in accordance with this Act.
(b) Allocation Formula.--Subject to subsection (c), the Secretary
shall award grants to States, in accordance with an allocation formula
established by the Secretary, that is based on the pro rata share of
each State of the total need among all States, as applicable, for
emergency assistance for fuel interruption, as determined on the basis
of--
(1) the number and percentage of qualifying small
businesses and small farms operating within a State;
(2) the increase in price of fuel in a State; and
(3) such other factors as the Secretary determines to be
appropriate.
(c) State Allocation Plan.--Each State shall establish, after
giving notice to the public, an opportunity for public comment, and
consideration of public comments received, an allocation plan for the
distribution of financial assistance under this section, which shall be
submitted to the Secretary and shall be made available to the public by
the State, and shall include--
(1) application requirements for qualifying small
businesses and small farms seeking to receive financial
assistance under this section, including a requirement that
each application include--
(A) demonstration of need for assistance under this
section;
(B) a plan to decrease the total commercial energy
usage of the small business through energy efficiency
measures, such as those promoted through the Energy
Star Program; and
(C) if a small business or small farm has
previously received assistance under this section,
evidence that the small business or small farm has
implemented the plan previously documented under
subparagraph (B); and
(2) factors for selecting among small businesses and small
farms that meet the application requirements, with preference
given to small businesses and small farms based on the
percentage of operating costs expended on fuel.
SEC. 5. ELIGIBILITY.
A small business or small farm is eligible for a grant under this
Act if--
(a) the average gross receipts of the small business or small farm
for the 3 preceding taxable years does not exceed $5,000,000; or
(b) the small business or small farm employed an average of more
than 1 and fewer than 50 qualified employees on business days during
the preceding taxable year.
SEC. 6. DEFINED TERM.
In this Act, the term ``aggregate gross assets'' has the meaning
given such term in section 1202(d)(2) of the Internal Revenue Code of
1986.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of
Commerce $100,000,000 for each of the fiscal years 2008 through 2012 to
carry out this Act. | Small Business Emergency Fuel Assistance Act of 2007 - Establishes within the Economic Development Administration of the Department of Commerce an emergency assistance program for small businesses and small farms dependent on fuel.
Authorizes the President to declare a federal energy emergency if the health, safety, welfare, or economic well-being of U.S. citizens is at risk because of an imminent or actual shortage of adequate supplies of crude oil, gasoline or petroleum distillates owing to: (1) a disruption in the national distribution system for such distillates (including a shortage related to a major disaster); or (2) significant pricing anomalies in national energy markets for them.
Authorizes the Secretary of Commerce to award grants to states under a presidential declaration of fuel supply interruption. | {"src": "billsum_train", "title": "A bill to establish an emergency fuel assistance grant program for small businesses during energy emergencies"} | 996 | 156 | 0.713195 | 1.954607 | 0.881082 | 5.084507 | 6.683099 | 0.943662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Opportunity Communities Act of
1998''.
SEC. 2. FUNDING ENTITLEMENT FOR RURAL OPPORTUNITY COMMUNITIES AND
ADDITIONAL ENTERPRISE ZONES.
(a) Entitlement.--Paragraph (1) of section 2007(a) of the Social
Security Act (42 U.S.C. 1397f(a)) is amended--
(1) in subparagraph (A), by striking ``in the State; and''
and inserting ``in the State designated pursuant to section
1391(b) of the Internal Revenue Code of 1986;'',
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon, and
(3) by adding at the end the following new subparagraphs:
``(C) 2 grants under this section for each rural opportunity
community in the State designated pursuant to section 3 of the Rural
Opportunity Communities Act of 1998; and
``(D) 10 grants under this section for each qualified empowerment
zone in the State designated pursuant to section 1391(g) of such
Code.''.
(b) Amount of Grants.--Paragraph (2) of section 2007(a) of such Act
(42 U.S.C. 1397f(a)) is amended--
(1) in the heading of subparagraph (A), by striking
``Empowerment'' and inserting ``Original empowerment'',
(2) in subparagraph (A), in the matter preceding clause
(i), by inserting ``described in paragraph (1)(A)'' after
``empowerment zone'',
(3) by redesignating subparagraph (C) as subparagraph (E),
and
(4) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) Rural opportunity communities.--The amount of
each grant to a State made under this section for each
rural opportunity community described in paragraph
(1)(C) is $1,000,000, multiplied by the proportion of
the population of the community that resides in that
State.
``(D) Additional empowerment grants.--The amount of
each grant to a State made under this section for a
qualified empowerment zone described in paragraph
(1)(D) shall be--
``(i) if the zone is designated in an urban
area, $10,000,000, or
``(ii) if the zone is designated in a rural
area, $3,600,000,
multiplied by the proportion of the population of the
zone that resides in that State.''.
(c) Timing of Grants.--Paragraph (3) of section 2007(a) of such Act
(42 U.S.C. 1397f(a)) is amended--
(1) in the heading of subparagraph (A) by striking
``Qualified'' and inserting ``Original qualified'',
(2) in subparagraph (A), in the matter preceding clause
(i), by inserting ``described in paragraph (1)(A)'' after
``empowerment zone'', and
(3) by adding at the end the following new subparagraphs:
``(C) Rural opportunity communities.--With respect
to each rural opportunity community described in
paragraph (1)(C), the Secretary shall make 1 grant
under this subsection to the State (or, if applicable,
to the governing body of the Indian tribe or tribal
organization of the area) in which the rural
opportunity community lies--
``(i) on the date of the designation of the
community under section 3 of the Rural
Opportunity Communities Act of 1998; and
``(ii) on the first day of the first fiscal
year that begins after such date of
designation.
``(D) Additional qualified empowerment zones.--With
respect to each qualified empowerment zone described in
paragraph (1)(D), the Secretary shall make 1 grant
under this subsection to the State (or, if applicable,
to the governing body of the Indian tribe or tribal
organization of the area) in which the zone lies--
``(i) on the date of the designation of the
zone under such part I; and
``(ii) on the first day of each of the nine
fiscal years that begin after such date of
designation.''.
(d) Funding.--Paragraph (4) of section 2007(a) of such Act (42
U.S.C. 1397f(a)) is amended--
(1) by redesignating the matter following the caption as
subparagraph (A), by indenting such matter, and by moving such
matter 2 ems to the right,
(2) by inserting ``Original grants.--'' after the
subparagraph designation ``(A)'',
(3) in subparagraph (A), as so redesignated, by inserting
before the period ``for empowerment zones and enterprise
communities described in subparagraphs (A) and (B) of paragraph
(1)'', and
(4) by adding at the end the following new subparagraph:
``(B) Additional grants.--$1,700,000,000 shall be
made available to the Secretary under this section
for--
``(i) grants for rural opportunity
communities described in paragraph (1)(C), and
``(ii) grants for empowerment zones
described in paragraph (1)(D).''.
SEC. 3. RURAL OPPORTUNITY COMMUNITIES.
(a) Definitions.--For purposes of this section--
(1) Lead managing entity.--The term ``lead managing
entity'' means a nonprofit community-based organization or unit
of general purpose local government (including an Indian tribal
governmental body), as determined by the Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Designation.--The Secretary may designate not more than 10
rural opportunity communities under this section.
(c) Eligible Areas.--
(1) Location.--An area designated as a rural opportunity
community under this section must include--
(A) except as provided in subparagraph (B), the
entire area of at least 1, but not more than 4, rural
contiguous counties (or, if applicable, parishes or
State boroughs), as determined by the Secretary; and
(B) in the case of a community located in an Indian
reservation, the entire area of such reservation.
(2) Economic distress.--An area designated as a rural
opportunity community under this section must demonstrate
economic distress resulting from any of the following factors
during the most recent 5-year time period: poverty,
unemployment, underemployment, major industry disruption,
Department of Defense base closings, or other factors as
determined appropriate by the Secretary.
(3) Limitation on designations.--No area may be designated
under this section unless the lead managing entity certifies
that no portion of the area nominated is already included in an
empowerment zone or in an enterprise community or in an area
otherwise nominated to be designated under section 1391 of the
Internal Revenue Code of 1986.
(d) Application.--
(1) In general.--Applications for designation of an area as
a rural opportunity community shall be prepared by the lead
managing entity and submitted to the Secretary.
(2) Required items.--No area may be designated under this
section unless the application for designation--
(A) demonstrates that the nominated area satisfies
the eligibility criteria described in this section; and
(B) includes a 10-year strategic plan for
accomplishing the purposes of this section that--
(i) describes the coordinated economic,
human, community, and physical development plan
and related activities proposed for the
nominated area;
(ii) describes the process by which the
affected community is a full partner in the
process of developing and implementing the plan
and the extent to which local institutions and
organizations have contributed to the planning
process;
(iii) identifies the sources of local,
tribal, and private resources that will be
available in the nominated area and the
private/public partnerships to be used, which
may include participation by, and cooperation
with, universities, medical centers, and other
private and public entities;
(iv) identifies baselines, methods, and
benchmarks for measuring the success of
carrying out the strategic plan, in accordance
with criteria established by the Secretary,
including the extent to which persons and
families will be empowered to become
economically self-sufficient; and
(v) does not include any action to assist
any establishment in relocating from 1 area
outside the nominated area to the nominated
area, except that assistance for the expansion
of an existing business entity through the
establishment of a new branch, affiliate, or
subsidiary is permitted if--
(I) the establishment of the new
branch, affiliate, or subsidiary will
not result in a decrease in employment
in the area of original location or in
any other area where the existing
business entity conducts business
operations; and
(II) there is no reason to believe
that the new branch, affiliate, or
subsidiary is being established with
the intention of closing down the
operations of the existing business
entity in the area of its original
location or in any other area where the
existing business entity conducts
business operations; and
(vi) includes such other information as may
be required by the Secretary.
(e) Period for Designation.--
(1) In general.--A designation made under this section must
be made by the Secretary before January 1, 2000.
(2) Revocation of a designation.--The Secretary may revoke
the designation under this section of an area if the Secretary
determines that the applicable lead managing entity--
(A) has modified the boundaries of the area; or
(B) is not complying substantially with or fails to
make progress in achieving the benchmarks set forth in,
the strategic plan under subsection (d)(2)(B).
SEC. 4. RECOGNITION AND INCENTIVES FOR WELL PERFORMING ENTERPRISE
COMMUNITIES.
(a) Priority Given to Well Performing Enterprise Communities.--
Subparagraph (D) of section 1391(g)(3) of the Internal Revenue Code of
1986 (relating to modifications to eligibility criteria, etc.) is
amended to read as follows:
``(D) Previously designated enterprise communities
may be included.--
``(i) In general.--Subsection (e)(5) shall
not apply to any enterprise community
designated under subsection (a) that is also
nominated for designation under this
subsection.
``(ii) Priority.--In ranking nominations
for designation as an empowerment zone under
paragraph (1), the appropriate Secretary may,
in such Secretary's discretion, give additional
points in the designation process for any
nominated area if such area includes a well-
performing enterprise community.''.
(b) Recognition of Well Performing Empowerment Zones and Enterprise
Communities.--Section 1391 of the Internal Revenue Code of 1986
(relating to designation procedure) is amended by adding at the end the
following new subsection:
``(h) Recognition of Well Performing Empowerment Zones and
Enterprise Communities.--For purposes of subsection (g)--
``(1) In general.--The appropriate Secretary shall--
``(A) recognize annually the well performing
empowerment zones and enterprise communities, and
``(B) disseminate the best practices of the well
performing empowerment zones and enterprise communities
to other designated empowerment zones and enterprise
communities.
``(2) Well performing empowerment zone and enterprise
community.--The terms `well performing empowerment zone' and
`well performing enterprise community' mean an empowerment zone
or an enterprise community, as the case may be, that, as of the
end of the applicable period of evaluation, has completed or
made substantial progress in the implementation of the
strategic plan submitted in the application for designation as
an empowerment zone or an enterprise community under this
section, as determined by the appropriate Secretary.''.
(c) Additional Funding for Urban Empowerment Zones and Enterprise
Communities Demonstrating Satisfactory Performance.--
(1) Source of funding.--Notwithstanding any other provision
of law, the Secretary of Health and Human Services shall set
aside 10 percent of the amounts otherwise made available for
urban empowerment zones after the date of the enactment of this
Act under title XX of the Social Security Act (42 U.S.C. 1397
et seq.) or under any other provision of law, and such amount
set aside shall be used as provided under paragraphs (2) and
(3).
(2) Distribution of funds.--The Secretary of Health and
Human Services shall, at the direction of the Secretary of
Housing and Urban Development, make funds available to any
urban empowerment zone or enterprise community from the amount
set aside under paragraph (1), if the Secretary of Housing and
Urban Development determines that such zone or community has
completed or made satisfactory progress in the implementation
of its approved strategic plan.
(3) Use of funds.--Amounts distributed under paragraph (2)
shall be used by an urban empowerment zone or enterprise
community to continue to implement its approved strategic plan. | Rural Opportunity Communities Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act (SSA) to entitle each State to Federal grants for: (1) each rural opportunity community in the State designated pursuant to this Act; and (2) each additional qualified empowerment zone in the State designated pursuant to the Taxpayer Relief Act of 1997. Specifies a formula for the amount of each grant, with separate base amounts for empowerment zones in urban or rural areas. Provides funding for the additional grants made available by this Act.
Authorizes the Secretary of Agriculture to designate up to ten rural opportunity communities.
Sets forth the criteria an area must meet to be designated as a rural opportunity community, including that the area must demonstrate economic distress resulting from poverty or certain other factors during the most recent five-year time period.
Amends the Internal Revenue Code to provide that well-performing empowerment zones and enterprise communities: (1) may be given additional points in the designation process; and (2) shall be recognized annually, and their best practices disseminated to other designated empowerment zones and enterprise communities.
Directs the Secretary of Health and Human Services to set aside ten percent of amounts otherwise made available for urban empowerment zones for use by any urban empowerment zone or enterprise community that the Secretary of Housing and Urban Development determines has completed or made satisfactory progress in implementing its approved ten year strategic plan. | {"src": "billsum_train", "title": "Rural Opportunity Communities Act of 1998"} | 2,853 | 302 | 0.577605 | 1.60385 | 0.919803 | 2.748227 | 9.248227 | 0.882979 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Arts and Crafts Amendments
Act of 2005''.
SEC. 2. INDIAN ARTS AND CRAFTS.
(a) Criminal Proceedings; Civil Actions; Misrepresentations.--
Section 5 of the Act entitled ``An Act to promote the development of
Indian arts and crafts and to create a board to assist therein, and for
other purposes'' (25 U.S.C. 305d) is amended to read as follows:
``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.
``(a) Definition of Federal Law Enforcement Officer.--In this
section, the term `Federal law enforcement officer' includes--
``(1) a Federal law enforcement officer (as defined in
section 115(c) of title 18, United States Code); and
``(2) with respect to a violation of this Act that occurs
outside Indian country (as defined in section 1151 of title 18,
United States Code), an officer that has authority under
section 3 of the Indian Law Enforcement Reform Act (25 U.S.C.
2802), acting in coordination with a Federal law enforcement
agency that has jurisdiction over the violation.
``(b) Criminal Proceedings.--
``(1) Referral.--On receiving a complaint of a violation of
section 1159 of title 18, United States Code, the Board may
refer the complaint to any Federal law enforcement officer for
appropriate investigation.
``(2) Findings.--The findings of an investigation under
paragraph (1) shall be submitted to--
``(A) the Attorney General; and
``(B) the Board.
``(3) Recommendations.--On receiving the findings of an
investigation in accordance with paragraph (2), the Board may--
``(A) recommend to the Attorney General that
criminal proceedings be initiated under section 1159 of
that title; and
``(B) provide such support to the Attorney General
relating to the criminal proceedings as the Attorney
General determines appropriate.
``(c) Civil Actions.--In lieu of, or in addition to, any criminal
proceeding under subsection (a), the Board may recommend that the
Attorney General initiate a civil action pursuant to section 6.''.
(b) Cause of Action for Misrepresentation.--Section 6 of the Act
entitled ``An Act to promote the development of Indian arts and crafts
and to create a board to assist therein, and for other purposes'' (25
U.S.C. 305e) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Definitions.--In this section:
``(1) Indian.--The term `Indian' means an individual that--
``(A) is a member of an Indian tribe; or
``(B) is certified as an Indian artisan by an
Indian tribe.
``(2) Indian product.--The term `Indian product' has the
meaning given the term in any regulation promulgated by the
Secretary.
``(3) Indian tribe.--
``(A) In general.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
``(B) Inclusion.--The term `Indian tribe' includes
an Indian group that has been formally recognized as an
Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.'';
(4) in subsection (b) (as redesignated by paragraph (2)),
by striking ``subsection (c)'' and inserting ``subsection
(d)'';
(5) in subsection (c) (as redesignated by paragraph (2))--
(A) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(B) by striking ``suit'' and inserting ``the civil
action'';
(6) by striking subsection (d) (as redesignated by
paragraph (2)) and inserting the following:
``(d) Persons That May Initiate Civil Actions.--
``(1) In general.--A civil action under subsection (b) may
be initiated by--
``(A) the Attorney General, at the request of the
Secretary acting on behalf of--
``(i) an Indian tribe;
``(ii) an Indian; or
``(iii) an Indian arts and crafts
organization;
``(B) an Indian tribe, acting on behalf of--
``(i) the tribe;
``(ii) a member of that tribe; or
``(iii) an Indian arts and crafts
organization;
``(C) an Indian; or
``(D) an Indian arts and crafts organization.
``(2) Disposition of amounts recovered.--
``(A) In general.--Except as provided in
subparagraph (B), an amount recovered in a civil action
under this section shall be paid to the Indian tribe,
the Indian, or the Indian arts and crafts organization
on the behalf of which the civil action was initiated.
``(B) Exceptions.--
``(i) Attorney general.--In the case of a
civil action initiated under paragraph (1)(A),
the Attorney General may deduct from the
amount--
``(I) the amount of the cost of the
civil action and reasonable attorney's
fees awarded under subsection (c), to
be deposited in the Treasury and
credited to appropriations available to
the Attorney General on the date on
which the amount is recovered; and
``(II) the amount of the costs of
investigation awarded under subsection
(c), to reimburse the Board for the
activities of the Board relating to the
civil action.
``(ii) Indian tribe.--In the case of a
civil action initiated under paragraph (1)(B),
the Indian tribe may deduct from the amount--
``(I) the amount of the cost of the
civil action; and
``(II) reasonable attorney's
fees.''; and
(7) in subsection (e), by striking ``(e) In the event
that'' and inserting the following:
``(e) Savings Provision.--If''.
(c) Conforming Amendment.--Section 1159(c) of title 18, United
States Code, is amended by striking paragraph (3) and inserting the
following:
``(3) the term `Indian tribe'--
``(A) has the meaning given the term in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b); and
``(B) includes an Indian group that has been
formally recognized as an Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority; and''.
Passed the Senate July 28, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | Amends the Indian Arts and Crafts Act of 1990 to authorize any federal law enforcement officer (not just, as currently, the Federal Bureau of Investigation (FBI)), including an officer with authority under the Indian Law Enforcement Reform Act acting in coordination with a federal law enforcement agency on violations outside Indian country, to investigate offenses involving the sale of arts and crafts misrepresented as Indian products.
Revises requirements for the initiation of civil actions for misrepresentation of Indian produced goods. | {"src": "billsum_train", "title": "A bill to amend the Indian Arts and Crafts Act of 1990 to modify provisions relating to criminal proceedings and civil actions, and for other purposes."} | 1,688 | 104 | 0.591625 | 1.565432 | 1.256018 | 2.538462 | 17 | 0.758242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Future for
America's Veterans Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the Commission on
the Future for America's Veterans (hereinafter in this Act referred to
as the ``Commission'').
SEC. 3. MEMBERSHIP.
(a) Composition.--
(1) In general.--The Commission shall be composed of 12
members appointed in accordance with paragraph (2) and 3 ex
officio members designated in paragraph (3).
(2) Appointed members.--Members of the Commission shall be
appointed as follows:
(A) The Speaker of the House of Representatives and
the majority leader of the Senate, acting jointly, in
consultation with the chairman of the Committee on
Veterans' Affairs of the Senate and the chairman of the
Committee on Veterans' Affairs of the House of
Representatives, shall appoint four members.
(B) Eight members shall be appointed from among
individuals who are not full-time officers or employees
of the United States as follows:
(i) The chairman of the Committee on
Veterans' Affairs of the Senate and the ranking
member of that committee shall each appoint one
member.
(ii) The chairman of the Committee on
Veterans' Affairs of the House of
Representatives and the ranking member of that
committee shall each appoint one member.
(iii) The chairman of the Committee on
Armed Services of the Senate and the ranking
member of that committee shall each appoint one
member.
(iv) The chairman of the Committee on
National Security of the House of
Representatives and the ranking member of that
committee shall each appoint one member.
(C) Members appointed under this paragraph shall
have appropriate experience and expertise on veterans,
organizational, and management matters, as well as on
health care services available to veterans provided by
the Secretary of Veterans Affairs, and to the maximum
extent practicable, shall be veterans.
(3) Ex officio members.--The following shall serve as
members of the Commission:
(A) The Under Secretary for Health of the
Department of Veterans Affairs, or the Under
Secretary's designee.
(B) The Assistant Secretary of Defense for Health
Affairs of the Department of Defense, or the Assistant
Secretary's designee.
(C) The Assistant Secretary for Planning and
Evaluation of the Department of Health and Human
Services, or the Assistant Secretary's designee.
(b) Designation of the Chairman.--The Speaker of the House of
Representatives and the majority leader of the Senate, acting jointly,
in consultation with the chairman of the Committee on Veterans' Affairs
of the Senate and the chairman of the Committee on Veterans' Affairs of
the House of Representatives shall, from the members appointed under
subsection (a)(1), designate the chairman of the Commission.
(c) Time for Appointment, Designation.--The members of the
Commission shall be appointed and the chairman of the Commission shall
be designated not later than 30 days after the date of the enactment of
this Act.
(d) Period of Appointment; Vacancies.--
(1) Period.--Members of the Commission shall be appointed
for the life of the Commission.
(2) Vacancies.--Any vacancy in the Commission shall not
affect its powers and shall be filled in the same manner as the
original appointment.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(f) Meetings.--
(1) In general.--The Commission shall meet at the call of
the chairman of the Commission.
(2) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(g) Majority Vote.--The Commission may not submit a legislative
proposal or make a recommendation or report to Congress unless the
proposal, recommendation or report is approved by a majority of the
members of the Commission present and voting, a quorum being present.
(h) Authority of Individuals To Act for Commission.--Any member or
agent of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take under this Act.
SEC. 4. DUTIES.
(a) Study.--The Commission shall conduct a comprehensive study of
health care services provided by the Secretary of Veterans Affairs.
(b) Matters Studied.--The matters studied by the Commission shall
include--
(1) legislative proposals to improve delivery of health
care to veterans, including H.R. 1767 of the 104th Congress,
H.R. 3117 of the 104th Congress, H.R. 3119 of the 104th
Congress, and the G.I. Bill of Health (H.R. 3950 of the 104th
Congress);
(2) alternative means for delivery of health care to a
veteran (such as managed care); and
(3) eligibility reform.
(c) Demonstration Project Bill.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commission shall submit to
Congress a legislative proposal in the form of a draft bill
(hereinafter in this Act referred to as a ``demonstration
project bill'').
(2) Content of bill.--
(A) Authority of secretary.--A demonstration
project bill shall authorize the Secretary of Veterans
Affairs to implement temporary demonstration projects
to improve health care services under the Department of
Veterans Affairs.
(B) Implementation at medical centers.--A
demonstration project bill shall provide that the
temporary demonstration projects be implemented at no
fewer than 20 and no greater than 40 Department of
Veterans Affairs medical centers specified in the
demonstration project bill.
(C) Selection of centers.--In selecting the centers
under subparagraph (B), the chairman, in consultation
with the Secretary of Veterans Affairs, shall assure a
diversity of centers according to geographic areas,
demographic characteristics of, and specialized medical
services provided by individual centers.
(D) Termination.--A demonstration project bill
shall provide that the temporary demonstration projects
terminate not later than 18 months after the date of
the enactment of the Act providing for such temporary
demonstration projects.
(d) Evaluation of Projects; Audit.--The Commission shall monitor
and evaluate the temporary demonstration projects and shall arrange for
audits of such projects.
(e) Report.--Not later than 15 months after the date of the
enactment of the Act providing for the temporary demonstration projects
under subsection (c), the chairman of the Commission shall submit to
Congress a report which contains a detailed statement of the findings
and conclusions of the Commission with respect to the temporary
demonstration projects, together with recommendations for such
legislation and administrative action as the Commission considers
appropriate.
SEC. 5. EXPEDITED CONGRESSIONAL PROCEDURE.
(a) Procedure in the House of Representatives.--
(1) Introduction of demonstration project bill.--A
qualified demonstration project bill is one that is introduced
by the majority leader of the House of Representatives for
himself and the minority leader of the House of
Representatives, or by Members designated jointly by the
majority leader and the minority leader of the House of
Representatives, not later than the close of the 15th day after
the date on which such bill is submitted to the House of
Representatives under section 4(c).
(2) Committee consideration.--If a committee to which a
qualified demonstration project bill has been referred has not
reported such bill at the close of the 10th day after the date
of the bill's introduction, such committee shall be
automatically discharged from further consideration of the
bill, and the bill shall be placed on the appropriate calendar.
(3) Computation of days.--For purposes of this subsection,
in computing the number of days, there shall be excluded any
day on which the House of Representatives is not in session.
(b) Procedure in the Senate.--
(c) Rules of the House of Representatives and Senate.--This section
is enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such it
shall be considered as part of the rules of each House,
respectively, or of that House to which it specifically
applies, and such rules shall 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 such
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. 6. POWERS.
(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 chairman of the
Commission may secure directly from any department or agency of the
Federal Government such information as the chairman of the Commission
considers necessary to carry out the duties under this Act. Upon
request of the chairman of the Commission, the head of such department
or agency shall furnish such information expeditiously to the
Commission.
(c) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) 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.
(b) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(c) Miscellaneous Administrative Support.--The Secretary of
Veterans Affairs and the Secretary of Defense shall, upon the request
of the chairman of the Commission, furnish the Commission, on a
reimbursable basis, such administrative and support services as the
Commission may require.
SEC. 8. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) In general.--Except as provided in paragraph (2), each
member of the Commission 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 performing
the duties of the Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(b) Travel.--Members and personnel of the Commission may travel on
military aircraft, military vehicles, or other military conveyances
when travel is necessary in the performance of a duty of the Commission
except when the cost of commercial transportation is less expensive.
(c) Staff.--
(1) Appointment.--The chairman of the Commission may
appoint, without regard to civil service laws and regulations,
an executive director and such additional personnel as may be
necessary to carry out the duties of the Commission.
(2) Preference to veterans.--
(A) Executive director.--The executive director of
the Commission shall be a veteran.
(B) Additional personnel.--In appointing additional
personnel to the Commission, the chairman shall give
preference to veterans.
(3) Compensation of staff.--The chairman of the Commission
may fix the compensation of the executive director and
additional 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 additional 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.--Upon request of the chairman
of the Commission, the head of any department or agency of the Federal
Government may detail, on a nonreimbursable basis, any personnel of the
department or agency to the Commission to assist the Commission in
carrying out its duties under this Act.
(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 IV of the Executive Schedule
under section 5316 of such title.
SEC. 9. FUNDING.
Of the amounts appropriated for the Department of Veterans Affairs
for fiscal year 1997 or subsequent fiscal years, the Secretary of
Veterans Affairs shall make available to the Commission such amounts as
the chairman of the Commission certifies to the Secretary as necessary
for the Commission to carry out its duties under this Act.
SEC. 10. TERMINATION.
The Commission shall terminate 30 days after the date of the
termination of the temporary demonstration projects under section 4(c). | Commission on the Future for America's Veterans Act - Establishes the Commission on the Future for America's Veterans to: (1) conduct a comprehensive study of health care services provided by the Secretary of Veterans Affairs; (2) submit to the Congress a demonstration project bill; and (3) report to the Congress on the projects. Requires the bill to authorize the Secretary to implement temporary demonstration projects for the improvement of veterans' health care services at 20 to 40 specified Department of Veterans Affairs medical centers.
Provides for expedited congressional consideration of the bill. | {"src": "billsum_train", "title": "Commission on the Future for America's Veterans Act"} | 2,857 | 114 | 0.604285 | 1.46508 | 0.582595 | 3.454545 | 24.136364 | 0.945455 |
SECTION 1. GRANTING OF COPYRIGHT.
Notwithstanding any other provision of law, copyright is hereby
granted to Inna Hecker Grade and her successors and assigns in the
works set forth in section 2 by Chaim Grade, including all editions in
English and translations heretofore published or hereafter published by
Inna Hecker Grade or her successors or assigns, for a term of 50 years
from June 26, 1982 (the date of death of Chaim Grade). The copyright
owner shall be entitled to all rights and remedies provided to
copyright owners generally by law, except that no liability shall
attach under this Act for lawful uses made or acts done before the date
of enactment of this Act in connection with such works, or in respect
to the continuance for one year subsequent to such date of any business
undertaking or enterprise lawfully undertaken before such date
involving expenditure or contractual obligation in connection with the
exploitation, production, reproduction, or circulation of such works.
SEC. 2. WORK SUBJECT TO COPYRIGHT.
The following works of Chaim Grade (including lectures and essays)
are covered by section 1:
(1) ``Yo'' (``Yes'');
(2) ``Musarnikes'' (``Mussarists'');
(3) ``Dojrois'' (``Generations'');
(4) ``Oyf di Hurves'' (``On the Ruins'');
(5) ``Pleitim'' (``Refugees'');
(6) ``Farvoksene Vegn'' (``Overgrown Paths'');
(7) ``Der Mames Tzavoe'' (``The Mother's Will'');
(8) ``Shayn fun Farloshene Shtern'' (``Shine of the
Extinguished Stars'');
(9) ``Mayn Krig Mit Hersh Rassayner'' (``My Quarrel with
Hersh Rassayner'');
(10) ``Yerushalaim shel Maylah, Yerushalaim shel Matah''
(``The Heavenly Jerusalem and the Earthly Jerusalem'');
(11) ``Hurbin'';
(12) ``Vilna'', with 5 major parts entitled:
(A) ``Vilna'';
(B) ``Di Shank'' (``The Tavern'');
(C) ``Der Ger-Tzadik'' (``The Convert'');
(D) ``Di Hiter fun der Shtot'' (``The Guardians of
the City'');
(E) ``Unter di Gevelbte Toyern'' (``Beneath the
Vaulted Gates'');
(13) ``Talmidei-Hahomin in der Lite'' (``Talmudic Scholars
in Lithuania'');
(14) ``Oyf Mayn Veg Tzu Dir''; (On My Way to You);
(15) ``Dos Alte Hoyz'' (``The Old House''), alternate
titles are:
(A) ``Zin un Tahter'' (``Sons and Daughters'');
(B) ``Der Beth-Horav'' (``The Rabbi's House'');
(16) ``Fun Unter der Erd'' (``From Beneath the Ground''),
the title of the first version is ``Froyen fun Ghetto''
(``Women of the Ghetto'');
(17) ``Yury Goresha'', a part of the novel ``From Beneath
the Ground'';
(18) ``Alte Boherim'' (``The Bachelors'');
(19) ``In Gerangl mitn Malah'' (``Wrestling with the
Angel''), subtitle is ``Lieder un Elegyes'' (``Poems and
Elegies''); Collected Poems, 1932-82;
(20) ``Chaim Nachman Bialik'';
(21) ``H. Leivik, der Poet fun Laydn un Goyrl'' (``H.
Leivik, The Poet of Suffering and Fate'');
(22) ``H. Leivik in Mayn Lehn and Shafn'' (``H. Leivik in
my Life and my Works)'';
(23) ``Itzik Manger, der Poet fun Shaynkayt un Shpil''
(``Itzik Manger, the Poet of Beauty and Play);
(24) ``Dray Yiddishe Classiker, Mendele, I.L. Peretz,
Sholem-Alaychem'' (Three Yiddish Classics, Mendele, I.L.
Peretz, Sholem-Alaychem);
(25) ``Anski, der Maskl, Revolutioner un Baal Tshuvah''
(``Anski, the Champion of Enlightenment, the Revolutionary and
the Penitent'');
(26) ``Probelmen fun a Yiddishen Shrayber un Problemen fun
der Yiddisher Literatur'' (``Problems of a Yiddish Writer and
Problems of the Yiddish Literature'');
(27) ``Mayn Veg in der Yiddisher Literature'' (``My Path in
the Yiddish Literature'');
(28) ``I.L. Peretz'';
(29) ``Mayn Bagegenish mit Sovetishe Yiddisher Shrayber''
(``My Encounter with the Soviet Yiddish Writers'');
(30) ``Dray Dramatishe Poemen--`Di Goldene Kayt', `Der
Goylem', `Der Dybbuk', (``Three Dramatic Poems--`The Golden
Chain', `The Goylem', `The Dybbuk' '');
(31) ``Dray Hoybt Motiven in Mayn Shaffung'' (``Three Mayn
Motives in My Works'');
(32) ``Yung Vilna un ir Svivah'' (``Young Vilna and its
Milieu'');
(33) ``Shevet Tzion'' (``The Return to Zion'');
(34) ``Shabes un Voh in der Yiddisher Literatur'' (``The
Sabbath and the Weekdays in Yiddish Literature'');
(35) ``Mussarnikes un Litvishe Yeshives'' (``The Mussarists
and the Lithuanian Yeshivas'');
(36) ``Sholem Alaychem'';
(37) ``Nusah Mizrah Evrope un Reb Isroel Baal`Shem'Tov''
(``The Jewish Way of Life in Eastern Europe and Rabbi Israel
Baal`Shem'Tov'');
(38) ``Reb Isroel Salanter un Reb Isroel Baal`Shem'Tov''
(``Rabbi Israel Salanter and Rabbi Israel Baal`Shem'Tov'');
(39) ``Der Talmudhokem in der Yiddisher Literatur'' (``The
Talmudic Scholar in Yiddish Literature'');
(40) ``Di Haskore in Vilner Shtot Shul nohn Ger-Tzadik,
Graf Potocki'' (``The Memorial Service at the Grand Synagogue
of Vilna for the Convert, Count Potocki'');
(41) ``Dr. Shmuel Ravidovitch un zayn Philasophia fun
Yiddishen Kium Umetum'' (``Dr. Samuel Ravidovitch and his
Philosophy of the Jewish Life Worldwide'');
(42) ``Dr. Shmuel Ravidovich un zayn Kamf farn Yiddishen
Kium Umetum'' (``Dr. Samuel Ravidovich and his Struggle for the
Jewish Life Worldwide'');
(43) ``Zaynen di Yiddishe Shrayber in Sovet Russland Geven
Marranen?'' (``Were the Yiddish Writers in Soviet Russia
Marranos?'');
(44) ``Reb Yehudah Ibn Shmuel Dr. Kaufman'' (``Rabbi
Jehudah Ibn Samuel Dr. Kaufman'');
(45) ``Shir-HaShirim--a Liebe-Lied, a Natzional Gezang un
Mistishe Poeme'' (``The Song of Songs--A Love Song, a National
Hymn and a Mystical Poem'') lecture and essay;
(46) ``Tzfas un der Barg Miron'' (``Saffed and Mount
Miron'') lecture and essay;
(47) ``Mentshen, Shtayner un Flantzen in Eretz-Isroel''
(``The People, the Stones and the Greening of Israel'') lecture
and essay;
(48) ``Mit Vos Vilna Iz Geven Andersh?'' (``What Made Vilna
Unique?'');
(49) ``Histadruth'';
(50) ``Yiddish Lebn in Vilna far der Zvayter Velt Melhome''
(``Jewish Life in Vilna Before World War II'') alternate title
is ``Yiddish Folk lebn un Traditzie in der Lite'' (``Jewish
Folk-Life and Tradition in Lithuania'');
(51) ``Di Naye Hebreishe Literatur un der Yunger Dor in
Isroel'' (``The New Hebrew Literature and the Young Generation
in Israel'');
(52) ``Di Ibergeblibene'' (``The Survivors'');
(53) (``To the Survivors of the German Concentration Camps,
World Federation of Bergen-Belsen, Associations'');
(54) ``Drayssik Yor Shpeter'' (``Thirty Years Later'');
(55) ``Der Bodn un di Legende fun Eretz-Isroel,'' (``The
Soil and the Legend of the Land of Israel'');
(56) ``Di Letzte Mahlaykes tzvishn Rabonim in Vilna''
(``The Last Controversies Among the Rabbis of Vilna'');
(57) ``Amerikaner Yiddishe Poetn, Morris Rosenfeld, Avrohom
Reisen, Walt-Lessin un Mani Leib'', (``American Yiddish Poets,
Morris Rosenfeld, Avrohom Reisen, Walt-Lessin un Mani Leib'');
(58) Any other works of Chaim Grade, however created,
whether published or unpublished. | Grants a copyright to a named individual, her successors, and assigns for specified works for a 50-year term from June 26, 1982. | {"src": "billsum_train", "title": "For the relief of Inna Hecker Grade."} | 2,645 | 35 | 0.410583 | 1.102976 | 0.201972 | 1.785714 | 68.678571 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Backcountry Landing Strip Access
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Aircraft landing strips serve an essential safety role
as emergency landing areas.
(2) Aircraft landing strips provide access to people who
would otherwise be physically unable to enjoy national parks,
national forests, and other Federal lands.
(3) Aircraft landing strips serve an essential purpose in
search and rescue, forest and ecological management, research,
and aerial mapping.
(4) Aircraft landing strips serve an essential role in
firefighting and disaster relief.
(5) The Secretary of the Interior and the Secretary of
Agriculture should adopt a nationwide policy for governing
backcountry aviation issues related to the management of
Federal land under the jurisdiction of those Secretaries and
should require regional managers to adhere to that policy.
SEC. 3. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING AIRCRAFT
LANDING STRIPS.
(a) In General.--Neither the Secretary of the Interior nor the
Secretary of Agriculture shall take any action which would permanently
close or render or declare as unserviceable any aircraft landing strip
located on Federal land under the administrative jurisdiction of either
Secretary unless--
(1) the head of the aviation department of each State in
which the aircraft landing strip is located has approved the
action;
(2) notice of the proposed action and the fact that the
action would permanently close or render or declare as
unserviceable the aircraft landing strip has been published in
the Federal Register;
(3) a 90-day public comment period on the action has been
provided after the publication under paragraph (2); and
(4) any comments received during the comment period
provided under paragraph (3) have been taken into consideration
by the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, and the head of the aviation
department of each State in which the affected aircraft landing
strip is located.
(b) National Policy.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall--
(1) adopt a nationwide policy that is in accordance with
this Act for governing backcountry aviation issues related to
the management of Federal land under the jurisdiction of those
Secretaries; and
(2) require regional managers to adhere to that policy.
(c) Requirements for Policies.--A policy affecting air access to an
aircraft landing strip located on Federal land under the jurisdiction
of the Secretary of the Interior or the Secretary of Agriculture,
including the policy required by subsection (b), shall not take effect
unless the policy--
(1) states that the Federal Aviation Administration has the
sole authority to control aviation and airspace over the United
States; and
(2) seeks and considers comments from State governments and
the public.
(d) Maintenance of Airstrips.--
(1) In general.--The Secretary of the Interior and the
Secretary of Agriculture shall consult with--
(A) the head of the aviation department of each
State in which an aircraft landing strip on Federal
land under the jurisdiction of that Secretary is
located; and
(B) other interested parties,
to ensure that such aircraft landing strips are maintained in a
manner that is consistent with the resource values of the
adjacent area.
(2) Cooperative agreements.--The Secretary of the Interior
and the Secretary of Agriculture may enter into cooperative
agreements with interested parties for the maintenance of
aircraft landing strips located on Federal land.
(e) Exchanges or Acquisitions.--Closure or purposeful neglect of
any aircraft landing strip, or any other action which would render any
aircraft landing strip unserviceable, shall not be a condition of any
Federal acquisition of or exchange involving private property upon
which the aircraft landing strip is located.
(f) New Aircraft Landing Strips Not Created.--Nothing in this Act
shall be construed to create or authorize additional aircraft landing
strips.
(g) Permanently Close.--For the purposes of this Act, the term
``permanently close'' means any closure the duration of which is more
than 180 days in any calendar year.
(h) Applicability.--
(1) Aircraft landing strips.--This Act shall apply only to
established aircraft landing strips on Federal lands
administered by the Secretary of the Interior or the Secretary
of Agriculture that are commonly known and have been or are
consistently used for aircraft landing and departure
activities.
(2) Actions, policies, exchanges, and acquisitions.--
Subsections (a), (c), and (e) shall apply to any action,
policy, exchange, or acquisition, respectively, that is not
final on the date of the enactment of this Act.
(i) FAA Authority Not Affected.--Nothing in this Act shall be
construed to affect the authority of the Federal Aviation
Administration over aviation or airspace. | Backcountry Landing Strip Access Act - Prohibits either the Secretary of the Interior or the Secretary of Agriculture from taking any action which would permanently close or render or declare as unserviceable any aircraft landing strip located on Federal land under the respective jurisdiction, unless: (1) the head of the aviation department of each State in which the aircraft landing strip is located has approved such action; (2) notice of the proposed action has been published in the Federal Register; (3) a 90-day public comment period on the action has been provided; and (4) any comments received during the comment period have been taken into consideration by the Secretaries, as the case may be, and the appropriate State aviation department heads.Directs the Secretaries to: (1) adopt a nationwide policy for governing backcountry aviation issues related to the management of Federal land under their jurisdiction; and (2) require regional managers to adhere to it. Declares that a policy affecting air access to an aircraft landing strip located on Federal land (including any national policy required under this Act) shall not take effect unless certain conditions are met, including its statement that the FAA has the sole authority to control aviation and airspace over the United States. | {"src": "billsum_train", "title": "A bill to help ensure general aviation aircraft access to Federal land and to the airspace over that land."} | 1,030 | 248 | 0.794995 | 2.519675 | 0.808932 | 6.625532 | 4.246809 | 0.940426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Preventive Services
Coverage Act of 2007''.
SEC. 2. EXTENDING THE ELIGIBILITY PERIOD FOR A ``WELCOME TO MEDICARE''
PHYSICAL EXAMINATION FROM SIX MONTHS TO ONE YEAR.
(a) In General.--Section 1862(a)(1)(K) of the Social Security Act
(42 U.S.C. 1395y(a)(1)(K)) is amended by striking ``6 months'' and
inserting ``1 year''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to initial preventive physician examinations performed on or
after January 1, 2008.
SEC. 3. COVERAGE AND WAIVER OF COST-SHARING FOR PREVENTIVE SERVICES.
(a) Preventive Services Defined; Coverage of Additional Preventive
Services.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is
amended--
(1) in subsection (s)(2)--
(A) in subparagraph (Z), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (AA), by adding ``and'' after
the semicolon at the end; and
(C) by adding at the end the following new
subparagraph:
``(BB) additional preventive services (described in
subsection (ccc)(1)(O));''; and
(2) by adding at the end the following new subsection:
``Preventive Services
``(ccc)(1) The term `preventive services' means the following:
``(A) Prostate cancer screening tests (as defined
in subsection (oo)).
``(B) Colorectal cancer screening tests (as defined
in subsection (pp)).
``(C) Diabetes outpatient self-management training
services (as defined in subsection (qq)).
``(D) Screening for glaucoma for certain
individuals (as described in subsection (s)(2)(U)).
``(E) Medical nutrition therapy services for
certain individuals (as described in subsection
(s)(2)(V)).
``(F) An initial preventive physical examination
(as defined in subsection (ww)).
``(G) Cardiovascular screening blood tests (as
defined in subsection (xx)(1)).
``(H) Diabetes screening tests (as defined in
subsection (yy)).
``(I) Ultrasound screening for abdominal aortic
aneurysm for certain individuals (as described in
subsection (s)(2)(AA)).
``(J) Pneumococcal and influenza vaccine and their
administration (as described in subsection (s)(10)(A)).
``(K) Hepatitis B vaccine and its administration
for certain individuals (as described in subsection
(s)(10)(B)).
``(L) Screening mammography (as defined in
subsection (jj)).
``(M) Screening pap smear and screening pelvic exam
(as described in subsection (s)(14)).
``(N) Bone mass measurement (as defined in
subsection (rr)).
``(O) Additional preventive services (as determined
under paragraph (2)).
``(2)(A) The term `additional preventive services' means
items and services, including mental health services, not
described in subparagraphs (A) through (N) of paragraph (1)
that the Secretary determines to be reasonable and necessary
for the prevention or early detection of an illness or
disability.
``(B) In making determinations under subparagraph (A), the
Secretary shall--
``(i) take into account evidence-based
recommendations by the United States Preventive
Services Task Force and other appropriate
organizations; and
``(ii) use the process for making national coverage
determinations (as defined in section 1869(f)(1)(B))
under this title.''.
(b) Payment and Elimination of Cost-Sharing.--
(1) In general.--
(A) In general.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(i) in clause (T), by striking ``80
percent'' and inserting ``100 percent'';
(ii) by striking ``and'' before ``(V)'';
and
(iii) by inserting before the semicolon at
the end the following: ``, and (W) with respect
to additional preventive services (as defined
in section 1861(ccc)(2)) and other preventive
services for which a payment rate is not
otherwise established under this section, 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 clause''.
(B) Application to sigmoidoscopies and
colonoscopies.--Section 1834(d) of the Social Security
Act (42 U.S.C. 1395m(d)) is amended--
(i) in paragraph (2)(C), by amending clause
(ii) to read as follows:
``(ii) No coinsurance.--In the case of a
beneficiary who receives services described in
clause (i), there shall be no coinsurance
applied.''; and
(ii) in paragraph (3)(C), by amending
clause (ii) to read as follows:
``(ii) No coinsurance.--In the case of a
beneficiary who receives services described in
clause (i), there shall be no coinsurance
applied.''.
(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)) is amended by striking ``screening
mammography (as defined in section 1861(jj)) and
diagnostic mammography'' and inserting ``diagnostic
mammography and preventive services (as defined in
section 1861(ccc)(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 adding
``and'' at the end; and
(iii) by adding at the end the following
new subparagraph:
``(H) with respect to additional preventive
services (as defined in section 1861(ccc)(2)) furnished
by an outpatient department of a hospital, the amount
determined under paragraph (1)(W);''.
(3) Waiver of application of deductible for all preventive
services.--The first sentence of section 1833(b) of the Social
Security Act (42 U.S.C. 1395l(b)) is amended--
(A) in clause (1), by striking ``items and services
described in section 1861(s)(10)(A)'' and inserting
``preventive services (as defined in section
1861(ccc)(1))'';
(B) by inserting ``and'' before ``(4)''; and
(C) by striking clauses (5) through (8).
(c) Inclusion as Part of Initial Preventive Physical Examination.--
Section 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2))
is amended by adding at the end the following new subparagraph:
``(M) Additional preventive services (as defined in
subsection (ccc)(2)).''.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2008. | Medicare Preventive Services Coverage Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to: (1) extend from six months to one year the eligibility period for the "Welcome to Medicare" physical examination; and (2) cover and waive cost-sharing for specified additional preventive screening services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to extend for 6 months the eligibility period for the \"Welcome to Medicare\" physical examination and to provide for the coverage and waiver of cost-sharing for preventive services under the Medicare program."} | 1,879 | 72 | 0.596002 | 1.468036 | 0.906599 | 2.967213 | 24.655738 | 0.868852 |
SECTION 1. SHORT TITLE.
This Act may be cited the ``Battle of Midway National Memorial
Study Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) September 2, 1997, marked the 52nd anniversary of the
United States victory over Japan in World War II.
(2) The Battle of Midway proved to be the turning point in
the war in the Pacific, as United States Navy forces inflicted
such severe losses on the Imperial Japanese Navy during the
battle that the Imperial Japanese Navy never again took the
offensive against the United States or the allied forces.
(3) During the Battle of Midway on June 4, 1942, an
outnumbered force of the United States Navy, consisting of 29
ships and other units of the Armed Forces under the command of
Admiral Nimitz and Admiral Spruance, out-maneuvered and out-
fought 350 ships of the Imperial Japanese Navy.
(4) It is in the public interest to study whether Midway
Atoll should be established as a national memorial to the
Battle of Midway to express the enduring gratitude of the
American people for victory in the battle and to inspire future
generations of Americans with the heroism and sacrifice of the
members of the Armed Forces who achieved that victory.
(5) The historic structures and facilities on Midway Atoll
should be protected and maintained.
SEC. 3. PURPOSE.
The purpose of this Act is to require a study of the feasibility
and suitability of designating the Midway Atoll as a National Memorial
to the Battle of Midway within the boundaries of the Midway Atoll
National Wildlife Refuge. The study of the Midway Atoll and its
environs shall include, but not be limited to, identification of
interpretative opportunities for the educational and inspirational
benefit of present and future generations, and of the unique and
significant circumstances involving the defense of the island by the
United States in World War II and the Battle of Midway.
SEC. 4. STUDY OF THE ESTABLISHMENT OF MIDWAY ATOLL AS A NATIONAL
MEMORIAL TO THE BATTLE OF MIDWAY.
(a) In General.--Not later than six months after the date of
enactment of this Act, the Secretary of the Interior shall, acting
through the Director of the National Park Service and in consultation
with the Director of the United States Fish and Wildlife Service, the
International Midway Memorial Foundation, Inc. (hereafter referred to
as the ``Foundation''), and Midway Phoenix Corporation, carry out a
study of the suitability and feasibility of establishing Midway Atoll
as a national memorial to the Battle of Midway.
(b) Considerations.--In studying the establishment of Midway Atoll
as a national memorial to the Battle of Midway under subsection (a),
the Secretary shall address the following:
(1) The appropriate federal agency to manage such a
memorial, and whether and under what conditions, to lease or
otherwise allow the Foundation or another appropriate entity to
administer, maintain, and fully utilize the lands (including
any equipment, facilities, infrastructure, and other
improvements) and waters of Midway Atoll if designated as a
national memorial.
(2) Whether designation as a national memorial would
conflict with current management of Midway Atoll as a wildlife
refuge and whether, and under what circumstances, the needs and
requirements of the wildlife refuge should take precedence over
the needs and requirements of a national memorial on Midway
Atoll.
(3) Whether, and under what conditions, to permit the use
of the facilities on Sand Island for purposes other than a
wildlife refuge or a national memorial.
(4) Whether to impose conditions on public access to Midway
Atoll as a national memorial.
(c) Report.--Upon completion of the study required under subsection
(a), the Secretary shall submit, to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Resources of
the House of Representatives, a report on the study, which shall
include any recommendations for further legislative action. The report
shall also include an inventory of all known past and present
facilities and structures of historical significance on Midway Atoll
and its environs. The report shall include a description of each
historic facility and structure and a discussion of how each will
contribute to the designation and interpretation of the proposed
national memorial.
SEC. 5. CONTINUING DISCUSSIONS.
Nothing in this Act shall be construed to delay or prohibit
discussions between the Foundation and the United States Fish and
Wildlife Service or any other government entity regarding the future
role of the Foundation on Midway Atoll.
Passed the Senate November 4, 1997.
Attest:
GARY SISCO,
Secretary. | Battle of Midway National Memorial Study Act - Requires the Secretary of the Interior, acting through the Director of the National Park Service and in consultation with the Director of the U.S. Fish and Wildlife Service, the International Midway Memorial Foundation, Inc., and Midway Phoenix Corporation, to study and report to specified congressional committees on the suitability and feasibility of establishing Midway Atoll as a national memorial to the Battle of Midway. Requires that the report include an inventory of all known facilities and structures of historical significance on Midway Atoll. | {"src": "billsum_train", "title": "Battle of Midway National Memorial Study Act"} | 1,021 | 124 | 0.641482 | 1.676235 | 0.601039 | 6.020202 | 9.525253 | 0.929293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Caves National Monument
Boundary Adjustment Act of 2008''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the Oregon Caves National Monument--
(A) is comprised of a rectangular area of
approximately 480 acres located in the Siskiyou
Mountains of southern Oregon; and
(B) was established by Presidential Proclamation
Number 876 (36 Stat. 2497), dated July 12, 1909, to
protect the caves, which were determined to have
unusual scientific interest and importance;
(2) on June 10, 1933, in accordance with Executive Order
6166 (5 U.S.C. 901 note), the administration of the Monument
was transferred from the Secretary of Agriculture to the
Secretary of the Interior; and
(3) the 1999 general management plan for the Monument
contains a recommendation for adding surrounding land to the
Monument--
(A) to provide better protection for--
(i) cave ecology;
(ii) surface and subsurface hydrology;
(iii) public water supplies; and
(iv) trails and views;
(B) to establish a logical topographical boundary;
and
(C) to enhance public outdoor recreation
opportunities.
(b) Purpose.--The purpose of this Act is to add surrounding land to
the Monument--
(1) to enhance the protection of the resources associated
with the Monument; and
(2) to increase public recreation opportunities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Grazing allotment.--The term ``grazing allotment''
means--
(A) the Big Grayback Grazing Allotment located in
the Rogue River-Siskiyou National Forest; and
(B) the Billy Mountain Grazing Allotment located in
a parcel of land that is--
(i) managed by the Secretary (acting
through the Director of the Bureau of Land
Management); and
(ii) located in close proximity to the land
described in subparagraph (A).
(2) Grazing lease; grazing permit.--The terms ``grazing
lease'' and ``grazing permit'' mean any document authorizing
the use of a grazing allotment for the purpose of grazing
livestock for commercial purposes.
(3) Lessee; permittee.--The terms ``lessee'' and
``permittee'' mean a livestock operator that holds a valid
existing grazing lease or permit for a grazing allotment.
(4) Map.--The term ``map'' means the map entitled ``Oregon
Caves National Monument, Proposed Boundary'' numbered 150/
80,023, and dated June 2008.
(5) Monument.--The term ``Monument'' means the Oregon Caves
National Monument established by Presidential Proclamation
Number 876 (36 Stat. 2497), dated July 12, 1909.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) 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).
SEC. 4. BOUNDARY ADJUSTMENT; LAND TRANSFER.
(a) Boundary Adjustment.--The boundary of the Monument is
modified--
(1) to include approximately 4,070 acres of land identified
on the map as the ``Proposed Addition Lands''; and
(2) to exclude approximately 4 acres of land--
(A) located in the City of Cave Junction; and
(B) identified on the map as the ``Cave Junction
Unit''.
(b) Land Transfer.--The Secretary of Agriculture shall--
(1) transfer the land described in subsection (a)(1) to the
Secretary; and
(2) adjust the boundary of the Rogue River-Siskiyou
National Forest to exclude the land transferred under paragraph
(1).
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
SEC. 5. WILD AND SCENIC RIVER DESIGNATIONS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
``(171) Oregon caves national monument, oregon.--The
following segments in the State of Oregon, to be administered
by the Secretary of the Interior:
``(A) Cave creek.--The 2.6-mile segment of Cave
Creek from the headwaters at the River Styx to the
boundary of the Rogue River-Siskiyou National Forest as
a recreational river.
``(B) Lake creek.--The 3.6-mile segment of Lake
Creek from the headwaters at Bigelow Lakes to the
confluence with Cave Creek as a scenic river.
``(C) No name creek.--The 0.6-mile segment of No
Name Creek from the headwaters to the confluence with
Cave Creek as a wild river.
``(D) Panther creek.--The 0.8-mile segment of
Panther Creek from the headwaters to the confluence
with Lake Creek as a scenic river.
``(E) River styx.--The segment of River Styx from
the source to the confluence with Cave Creek as a
recreational river.
``(F) Upper cave creek.--The segment of Upper Cave
Creek from the headwaters to the confluence with River
Styx as a recreational river.''.
SEC. 6. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall administer the Monument in accordance
with--
(1) this Act;
(2) Presidential Proclamation Number 876 (36 Stat. 2497),
dated July 12, 1909; and
(3) any law (including regulations) generally applicable to
units of the National Park System, including the National Park
Service Organic Act (16 U.S.C. 1 et seq.).
(b) Ecological Forest Restoration Activities.--As soon as
practicable after the date of enactment of this Act, the Secretary
shall carry out forest restoration activities within the boundaries of
the Monument--
(1) to reduce the risk of losing key ecosystem components;
(2) to restore the proper role of fire in the ecosystem;
and
(3) to ensure that forest attributes (including species
composition and structure) remain intact and functioning within
a historical range.
SEC. 7. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.
(a) Donation of Lease or Permit.--
(1) Acceptance by secretary concerned.--The Secretary
concerned shall accept any grazing lease or grazing permit that
is donated by a lessee or permittee.
(2) Termination.--The Secretary concerned shall terminate
any grazing lease or grazing permit acquired under paragraph
(1).
(3) No new grazing lease or permit.--With respect to each
grazing lease or grazing permit donated under paragraph (1),
the Secretary concerned shall--
(A) not issue any new grazing lease or grazing
permit within the grazing allotment covered by the
grazing lease or grazing permit; and
(B) ensure a permanent end to livestock grazing on
the grazing allotment covered by the grazing lease or
grazing permit.
(b) Effect of Donation.--A lessee or permittee that donates a
grazing lease or grazing permit (or a portion of a grazing lease or
grazing permit) under this section shall be considered to have waived
any claim to any range improvement on the associated grazing allotment
or portion of the associated grazing allotment, as applicable.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Oregon Caves National Monument Boundary Adjustment Act of 2008 - Adjusts the boundary of the Oregon Caves National Monument (Monument). Directs the Secretary of Agriculture to: (1) transfer certain acreage in the Monument to the Secretary of the Interior; and (2) adjust the boundary of the Rogue River-Siskiyou National Forest to exclude certain lands in the Monument transferred by the Secretary.
Amends the Wild and Scenic Rivers Act to designate certain additional segments of the Monument as components of the national wild and scenic rivers system.
Requires the Secretary of the Interior to: (1) administer the Monument in accordance with this Act and other legal authorities; and (2) carry out forest restoration activities within the boundaries of the Monument.
Directs the Secretary of Agriculture or the Interior to accept any grazing lease or permit that is donated by a livestock operator that holds a valid existing grazing lease or permit for a grazing allotment. | {"src": "billsum_train", "title": "A bill to modify the boundary of the Oregon Caves National Monument, and for other purposes."} | 1,849 | 207 | 0.657827 | 1.825951 | 0.82915 | 4.483146 | 8.786517 | 0.921348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Predatory Pricing Prevention
Act of 1993''.
SEC. 2. AUTHORITY TO ISSUE CEASE AND DESIST ORDERS.
(a) In General.--Section 411 of the Federal Aviation Act of 1958
(49 App. U.S.C. 1381) is amended by adding at the end the following new
subsection:
``(c) Predatory Pricing.--
``(1) Preliminary investigation and cease and desist
order.--
``(A) Investigation.--Within seven days after
receiving a written complaint of sufficient
particularity by any person that any air carrier has
been engaging in predatory pricing in the provision of
air transportation in a city-pair market, the Secretary
of Transportation shall conduct a preliminary
investigation into the allegations made in the
complaint.
``(B) Cease and desist order.--If as a result of
the preliminary investigation the Secretary finds that
there is a significant likelihood that one of the two
indicators of predatory pricing specified in paragraph
(4) exists, the Secretary shall order such air carrier
to cease and desist from engaging in the alleged
predatory pricing until the conclusion of a full
investigation under paragraph (2) or the elapse of
ninety days following the date of such order, whichever
occurs first.
``(C) Negative finding.--If as a result of the
preliminary investigation the Secretary finds that
there is not such a significant likelihood, the
Secretary shall publish in the Federal Register an
explanation of the reasons for that finding.
``(2) Full investigation and permanent cease and desist
order.--
``(A) Investigation.--If the Secretary of
Transportation makes the finding described in paragraph
(1)(B), the Secretary shall conduct a full
investigation into the alleged predatory pricing. The
Secretary shall, in the course of such full
investigation, provide interested parties with an
opportunity to furnish information that the Secretary
considers important.
``(B) Permanent cease and desist order.--If after
conducting a full investigation under subparagraph (A)
the Secretary finds that an air carrier has been
engaging in predatory pricing, the Secretary shall
order such air carrier to cease and desist from
engaging in such predatory pricing.
``(C) Rebuttable presumption.--In a full
investigation under this paragraph, an air carrier is
presumed to be engaging in predatory pricing in a city-
pair market if any of the two indicators of predatory
pricing specified in paragraph (4) is shown to exist.
This presumption may be rebutted by clear and
convincing evidence.
``(3) Penalties.--Any person who knowingly fails to obey a
cease and desist order under paragraph (1) or (2) shall be
subject to a civil penalty of $10,000 for each offense, and
each day during which such offense continues is deemed a
separate offense.
``(4) Indicators of predatory pricing.--The two indicators
of predatory pricing referred to in paragraphs (1)(B) and
(2)(C) are as follows:
``(A) The pricing by the air carrier for air
transportation in the city-pair market at issue is
below the direct operating costs of the air carrier in
providing such transportation.
``(B) Decreases in the pricing by the air carrier
for such air transportation are occurring when market
forces have led to sustained downward development of
air fares deviating significantly from ordinary
seasonal pricing movements and resulting in widespread
losses among all air carriers for providing such air
transportation, taking into account--
``(i) the level of pricing for air
transportation in comparable city-pair markets;
``(ii) the revenue levels that were at the
time of the transportation adequate under
honest, economical, and efficient management to
cover total operating expenses and to provide
each such carrier with a flow of net income,
plus depreciation, adequate to support prudent
capital outlays, assure the repayment of a
reasonable level of debt, permit the raising of
needed equity capital, and take into account
reasonable estimated or foreseeable future
costs.
``(5) Direct operating costs defined.--In this subsection,
the term `direct operating costs' means the costs sustained by
an air carrier in the preparation and execution of a single
flight of an aircraft in a city-pair market, including--
``(A) expenses related to the aircraft, including
flight crew compensation, landing fees, fuel and oil,
hull insurance, all direct and overhead costs of
maintenance, and the prorated amount of the rental
charge or purchase amount of the aircraft; and
``(B) expenses related to passengers and freight,
including sales or travel agents' compensation, in-
flight food and beverage expenses, and liability
insurance.''.
(b) Conforming Amendment.--In the table of contents of the Federal
Aviation Act of 1958, the item relating to section 411 is amended by
adding at the end the following:
``(c) Predatory pricing.''. | Airline Predatory Pricing Prevention Act of 1993 - Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation (Secretary) to investigate allegations that an air carrier has engaged in predatory pricing in the provision of air transportation in a city-pair market and to order, in the significant likelihood that one of two specified predatory pricing indicators exists, such air carrier to cease and desist from engaging in the alleged pricing until the conclusion of a full investigation or 90 days after such order, whichever occurs first. Sets forth civil penalties for failure to obey such order. | {"src": "billsum_train", "title": "Airline Predatory Pricing Prevention Act of 1993"} | 1,089 | 127 | 0.65024 | 1.814291 | 0.589948 | 3.990826 | 9.33945 | 0.908257 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air and Health Quality Empowerment
Zone Designation Act of 2010''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish criteria through the use of
which specific geographical areas--
(1) shall be designated as air and health quality
empowerment zones; and
(2) may apply for grants authorized for the purpose of
replacing or retrofitting polluting vehicles or engines (or
both vehicles and engines) in order to improve the health of
the population living in the zones.
SEC. 3. FINDINGS.
Congress finds that--
(1) the San Joaquin Valley faces serious air quality
challenges that impact the development, health, and economy of
the Valley;
(2) the Valley emits approximately 624 tons of nitrogen
oxides per day, and attainment of the 1997 federally mandated
8-hour ozone standard under the Clean Air Act requires
emissions of not more than 160 tons of oxides of nitrogen per
day;
(3) the Valley does not attain the federally mandated
standard for PM<INF>2.5</INF>;
(4) the children of the Valley miss 188,000 school days per
year, which translates to 1 in 4 of those children experiencing
a day of absence each year due to elevated ozone levels;
(5) approximately 460 residents of the Valley die earlier
than they otherwise would due to elevated ozone levels, and
Valley residents experience 23,300 asthma attacks per year, a
rate that equals 3 times the State average and 5 times the
national average;
(6) 1 in 5 children residing in the Valley have been
diagnosed with asthma;
(7) nonattainment of Federal air quality standards costs
the Valley $3,200,000,000 annually;
(8) the Valley experiences chronic double-digit
unemployment rates; and
(9) the Federal Government must partner with the Valley and
the State to address air quality, health, and economic
development for the residents of the Valley through the
designation of the Valley as air quality empowerment zone that
is eligible for Federal grants and technical assistance.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agency.--The term ``Agency'' means the Environmental
Protection Agency.
(3) Clean air act.--The term ``Clean Air Act'' means the
Clean Air Act (42 U.S.C. 7401 et seq.).
(4) PM<INF>2.5</INF>.--The term ``PM<INF>2.5</INF>'' means
particulate matter with a diameter that does not exceed 2.5
micrometers.
(5) Strategic plan.--The term ``strategic plan'' means,
with respect to an area, the plan contained in the application
for designation of the area under section 5.
(6) Valley.--The term ``Valley'' means the San Joaquin
Valley, California.
SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION PROCEDURES.
(a) In General.--From among the areas nominated for designation
under this section, the Administrator may designate 1 or more areas as
air and health quality empowerment zones.
(b) Period for Which Designation Is in Effect.--
(1) In general.--Any designation under this section shall
remain in effect during the period beginning on the date of the
designation and ending on the earlier of--
(A) the last day of the tenth calendar year
beginning on the date of the designation; or
(B) the date on which the Administrator revokes the
designation.
(2) Revocation of designation.--The Administrator may
revoke the designation under this section of an area if the
Administrator determines that the local air pollution control
district in which the designated area is located--
(A) has been designated as being in attainment with
the national ambient air quality standard for
PM<INF>2.5</INF> and ozone promulgated under the Clean
Air Act; or
(B) is not complying substantially with, or fails
to make progress in achieving the goals of, the
strategic plan.
(c) Limitations on Designations.--No area may be designated under
subsection (a) unless--
(1) the area is nominated for designation by the air
pollution control district with jurisdiction over the area;
(2) the air pollution control district provides written
assurances satisfactory to the Administrator that the strategic
plan will be implemented; and
(3) the Administrator determines that any information
provided is reasonably accurate.
(d) Application.--No area may be designated under subsection (a)
unless the application for the designation--
(1) demonstrates that the nominated area satisfies the
eligibility criteria described in section 6; and
(2) includes a strategic plan for accomplishing the
purposes of this Act that--
(A) describes--
(i) the process by which the nominated area
is a full partner in the process of developing
and implementing the plan; and
(ii) the extent to which local institutions
and organizations have contributed to the
planning process;
(B) identifies--
(i) the amount of State, local, and private
resources that will be available for the
nominated area; and
(ii) the private/public partnerships to be
used (which may include participation by, and
cooperation with, institutions of higher
education, medical centers, and other private
and public entities);
(C) identifies the funding requested under any
Federal program in support of the purposes of this Act;
(D) identifies baselines, methods, and benchmarks
for measuring the success of carrying out the strategic
plan; and
(E) includes such other information as may be
required by the Administrator.
SEC. 6. ELIGIBILITY CRITERIA.
(a) In General.--A nominated area shall be eligible for designation
under section 5(a) only if the area meets all of the following
criteria:
(1) Nonattainment.--The nominated area has been designated
as being--
(A) in extreme nonattainment of the 8-hour ozone
national ambient air quality standard promulgated by
the Administrator under the Clean Air Act; and
(B) in nonattainment of national ambient air
quality standard for PM<INF>2.5</INF> promulgated by
the Administrator under that Act.
(2) Agricultural sources.--The nominated area has--
(A) emissions of oxides of nitrogen from farm
equipment of at least 30 tons per day in calendar year
2010; or
(B) emissions of volatile organic compounds from
farming operations of at least 40 tons per day in
calendar year 2010.
(3) Air quality-related health effects.--As of the date of
nomination, the nominated area meets or exceeds the national
average per capita incidence of asthma.
(4) Economic impact.--As of the date of nomination, the
nominated area experiences unemployment rates higher than the
national average.
(5) State matching funds.--The nominated area is located
within a State and local area that will match at least \1/2\ of
the funds provided by the Federal Government under this Act.
SEC. 7. ELIGIBLE GRANT APPLICANTS.
Any air pollution control district or other local governmental
entity authorized to regulate air quality in a State under the Clean
Air Act may apply for a grant under this Act.
SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWERMENT GRANTS.
(a) Eligibility.--
(1) In general.--Each area designated as an air and health
quality empowerment zone under section 5(a) shall be eligible
to receive 1 or more grants under this section.
(2) Amount of grants.--The amount of each grant awarded to
a designated air and health quality empowerment zone shall be
determined by the Administrator based upon a review of--
(A) the information contained in the applications
required by section 5(d); and
(B) the needs set forth in the applications by
those designated as beneficiaries.
(3) Timing of grants.--With respect to each designated air
and health quality empowerment zone, the Administrator shall
make--
(A) a grant under this section to each such zone on
the date of designation of the zone under section 5(a);
and
(B) the grant under this section to each such zone
available on the first day of the first fiscal year
that begins after the date of designation of the zone.
(4) Oversight of grants.--The air pollution control
district or other local government entity authorized to
regulate air quality in an area designated as an air and health
safety empowerment zone under section 5(a) shall oversee the
use of any grant funds provided to the zone under this section.
(b) Use of Grants.--Each air and health safety empowerment zone
that receives a grant under this section shall use the grant solely--
(1) to carry out activities that achieve the purposes
described in section 2;
(2) in accordance with the strategic plan for the zone; and
(3) for activities that benefit the residents of the zone
for which the grant is made through improved air quality and
health.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to provide grants under this section
$20,000,000 for each of fiscal years 2011 through 2015. | Air and Health Quality Empowerment Zone Designation Act of 2010 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to designate areas nominated by local air pollution control districts as air and health quality empowerment zones, which shall be eligible for grants for replacing or retrofitting polluting vehicles and/or engines to improve the health of the population living in the zones.
Sets forth area eligibility requirements, including: (1) being in extreme nonattainment of the 8-hour ozone national ambient air quality standard and in nonattainment of the national ambient air quality standard for PM2.5 (particulate matter with a diameter that does not exceed 2.5 micrometers) promulgated by the Administrator under the Clean Air Act; (2) having specified emission levels of oxides of nitrogen from farm equipment or of volatile organic compounds from farming operations; (3) meeting or exceeding national averages for asthma; (4) exceeding national averages for unemployment; and (5) being eligible for state or local matching funds.
Prohibits an area from being designated unless the relevant district provides satisfactory assurances that the strategic plan (to be contained in its application) will be implemented. Authorizes the Administrator to revoke the designation if the relevant district: (1) has been designated as being in attainment with the air quality standards; or (2) is failing to comply with, or make progress in achieving the goals of, its strategic plan. | {"src": "billsum_train", "title": "To address the health and economic development impacts of nonattainment of federally mandated air quality standards in the San Joaquin Valley, California, by designating air quality empowerment zones."} | 2,082 | 300 | 0.610043 | 1.993531 | 0.865577 | 3.754717 | 6.958491 | 0.909434 |
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