text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One Dollar Coin and Community
Development Act of 1994''.
SEC. 2. ONE DOLLAR COINS.
(a) Color and Content.--Section 5112(b) of title 31, United States
Code, is amended--
(1) in the 1st sentence, by striking ``dollar,''; and
(2) by inserting after the 4th sentence, the following new
sentence: ``The dollar coin shall be golden in color, have an
unreeded edge, have tactile and visual features that make the
denomination of the coin readily discernible, be minted and
fabricated in the United States, and have such metallic,
anticounterfeiting properties as United States clad coinage in
circulation on the date of the enactment of the One Dollar Coin
and Community Development Act of 1994.''.
(b) Design of Dollar Coin.--Section 5112(d)(1) of title 31, United
States Code, is amended by striking the 5th and 6th sentences and
inserting the following new sentence: ``The Secretary of the Treasury
shall select an appropriate design for the obverse side of the
dollar.''.
(c) Effective Date.--Not later than 18 months after the date of
enactment of this Act, the Secretary of the Treasury shall place into
circulation 1 dollar coins authorized under subsection (a)(1) of
section 5112 of title 31, United States Code, which comply with the
design requirements of subsections (b) and (d)(1) of such section, as
amended by subsections (a) and (b) of this section. The Secretary may
include such coins in any numismatic set produced by the United States
Mint before the date the coins are placed in circulation.
SEC. 3. CEASING ISSUANCE OF ONE DOLLAR NOTES.
(a) In General.--After the date that coins described in section
2(c) are first placed in circulation, no Federal reserve bank may order
or place into circulation any $1 Federal reserve note.
(b) Redemption of $1 Notes.--
(1) In general.--Section 5119(b)(1) of title 31, United
States Code, is amended by adding at the end the following new
subparagraph:
``(F) Federal reserve notes in the denomination of
$1.''.
(2) Effective date.--
(A) In general.--The amendment made by paragraph
(1) shall take effect on the date on which coins minted
pursuant to the amendments made by section 2 are first
placed in circulation.
(B) Notice of effective date.--The Secretary of the
Treasury shall publish a notice in the Federal Register
of the date on which the amendment made by paragraph
(1) takes effect in accordance with subparagraph (A) of
this paragraph.
(c) Exception.--The Secretary of the Treasury shall produce only
such Federal reserve notes of 1 dollar denomination as are required
from time to time to meet the needs of collectors of this series. Such
notes shall be produced in sheets and sold by the Secretary, in whole,
or in part, at a price that exceeds the face value of the currency by
an amount that, at a minimum, reimburses the Secretary for the cost of
production.
SEC. 4. RESERVE FUND FOR CIRCULATING COINAGE.
(a) Establishment.--Section 5111(b) of title 31, United States
Code, is amended to read as follows:
``(b) Coinage Funds.--
``(1) Coinage metal fund.--The Secretary of the Treasury--
``(A) shall maintain a coinage metal fund in the
Department of the Treasury; and
``(B) may use the fund to buy metal to mint coins.
``(2) Circulating coinage reserve fund.--
``(A) Establishment.--The Secretary of the Treasury
shall maintain a circulating coinage reserve fund in
the Department of the Treasury.
``(B) Credits and debits.--The Secretary shall--
``(i) credit the coinage reserve fund with
the amount by which the nominal value of the
coins minted and placed into circulation under
this subchapter (other than numismatic items)
exceeds the cost of the metal; and
``(ii) charge the account with--
``(I) the waste incurred in minting
the coins referred to in clause (i);
and
``(II) the cost of distributing the
coins, including the cost of coin bags
and pallets.
``(C) Availability of funds for community
development.--
``(i) In general.--Effective for any fiscal
year only to the extent and in such amounts as
are provided in advance in appropriation Acts,
the Secretary may lend excess amounts in the
circulating coinage reserve fund to the
Community Development Institutions Fund for the
provision of financial assistance by such Fund
through deposits, credit union shares, and
loans in accordance with section 108 of the
Community Development Banking and Financial
Institutions Act of 1994.
``(ii) Terms and conditions.--Any loan by
the Secretary to the Community Development
Institutions Fund in accordance with clause (i)
shall bear such rate of interest and be subject
to such other terms and conditions as the
Secretary determines to be appropriate.
``(D) Investment of balance in account.--Subject to
subparagraph (C), the Secretary of the Treasury shall
invest excess amounts in the circulating coinage
reserve fund in--
``(i) instruments issued by the Secretary
under chapter 31; and
``(ii) other instruments to the extent, and
in such amounts, as may be authorized by law.
``(E) Payment to general fund.--Interest,
dividends, and other earnings on investments of the
circulating coinage reserve fund, including interest on
loans to the Community Development Financial
Institutions Fund, shall be paid into the general fund
of the Treasury to assist in reducing the deficit.''.
(b) Termination of Coinage Profit Fund.--The coinage profit fund is
hereby abolished and any balance in the account as of such termination
shall be transferred by the Secretary to the circulating coinage
reserve fund established pursuant to the amendment made by subsection
(a) as soon as practicable after the date of the enactment of this Act. | One Dollar Coin and Community Development Act of 1994 - Amends Federal monetary law to prescribe specifications for and design of dollar coins, including a golden color.
Proscribes any issuance of one dollar notes after the date that dollar coins are first placed in circulation. Prescribes guidelines for the redemption of one dollar notes.
Directs the Secretary of the Treasury to establish: (1) a coinage metal fund; and (2) a circulating coinage reserve fund.
Authorizes the Secretary to lend excess amounts in the circulating coinage reserve fund to the Community Development Institutions Fund to enable it to provide financial assistance. Mandates that earnings on investments of the circulating coinage reserve fund be paid into the general fund of the Treasury.
Abolishes the coinage profit fund. Transfers the balance of its account to the circulating coinage reserve fund. | {"src": "billsum_train", "title": "One Dollar Coin and Community Development Act of 1994"} | 1,396 | 181 | 0.493449 | 1.195586 | 0.719487 | 2.9625 | 7.85 | 0.8625 |
SECTION 1. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.
(a) Extension of Duty-Free Treatment Under System.--Section 505 of
the Trade Act of 1974 (29 U.S.C. 2465) is amended by striking ``June
30, 1998'' and inserting ``June 30, 2000''.
(b) Retroactive Application for Certain Liquidations and
Reliquidations.--
(1) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 or any other provision of law, and subject to
paragraph (2), the entry--
(A) of an article to which duty-free treatment
under title V of the Trade Act of 1974 would have
applied if such title had been in effect during the
period beginning on July 1, 1998, and ending on the day
before the date of the enactment of this Act, and
(B) that was made after June 30, 1998, and before
the date of the enactment of this Act,
shall be liquidated or reliquidated as free of duty, and the
Secretary of the Treasury shall refund any duty paid with
respect to such entry. As used in this subsection, the term
``entry'' includes a withdrawal from warehouse for consumption.
(2) Requests.--Liquidation or reliquidation may be made
under paragraph (1) with respect to an entry only if a request
therefor is filed with the Customs Service, within 180 days
after the date of the enactment of this Act, that contains
sufficient information to enable the Customs Service--
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be
located.
SEC. 2. DUTY DRAWBACK FOR METHYL TERTIARY-BUTYL ETHER (``MTBE'').
(a) In General.--Section 313(p)(3)(A)(i)(I) of the Tariff Act of
1930 (19 U.S.C. 1313(p)(3)(A)(i)(I)) is amended by striking ``and
2902'' and inserting ``2902, and 2909.19.14''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act, and shall apply to
drawback claims filed on and after such date.
SEC. 3. SUBSTITUTION OF FINISHED PETROLEUM DERIVATIVES.
(a) In General.--Section 313(p)(1) of the Tariff Act of 1930 (19
U.S.C. 1313(p)(1)) is amended in the matter following subparagraph (C)
by striking ``the amount of the duties paid on, or attributable to,
such qualified article shall be refunded as drawback to the drawback
claimant.'' and inserting ``drawback shall be allowed as described in
paragraph (4).''.
(b) Requirements.--Section 313(p)(2) of such Act (19 U.S.C.
1313(p)(2)) is amended--
(1) in subparagraph (A)--
(A) in clauses (i), (ii), and (iii), by striking
``the qualified article'' each place it appears and
inserting ``a qualified article''; and
(B) in clause (iv), by striking ``an imported' and
inserting ``a''; and
(2) in subparagraph (G), by inserting ``transferor,'' after
``importer,''.
(c) Qualified Article Defined, Etc.--Section 313(p)(3) of such Act
(19 U.S.C. 1313(p)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)(II), by striking ``liquids,
pastes, powders, granules, and flakes'' and inserting
``the primary forms provided under Note 6 to chapter 39
of the Harmonized Tariff Schedule of the United
States''; and
(B) in clause (ii)--
(i) in subclause (I) by striking ``or'' at
the end;
(ii) in subclause (II) by striking the
period and inserting ``, or''; and
(iii) by adding after subclause (II) the
following:
``(III) an article of the same kind
and quality as described in
subparagraph (B), or any combination
thereof, that is transferred, as so
certified in a certificate of delivery
or certificate of manufacture and
delivery in a quantity not greater than
the quantity of articles purchased or
exchanged.
The transferred merchandise described in
subclause (III), regardless of its origin, so
designated on the certificate of delivery or
certificate of manufacture and delivery shall
be the qualified article for purposes of this
section. A party who issues a certificate of
delivery, or certificate of manufacture and
delivery, shall also certify to the
Commissioner of Customs that it has not, and
will not, issue such certificates for a
quantity greater than the amount eligible for
drawback and that appropriate records will be
maintained to demonstrate that fact.'';
(2) in subparagraph (B), by striking ``exported article''
and inserting ``article, including an imported, manufactured,
substituted, or exported article,''; and
(3) in the first sentence of subparagraph (C), by striking
``such article.'' and inserting ``either the qualified article
or the exported article.''.
(d) Limitation on Drawback.--Section 313(p)(4)(B) of such Act (19
U.S.C. 1313(p)(4)(B)) is amended by inserting before the period at the
end the following: ``had the claim qualified for drawback under
subsection (j)''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the amendment made by section 632(a)(6) of the
North American Free Trade Agreement Implementation Act. For purposes of
section 632(b) of that Act, the 3-year requirement set forth in section
313(r) of the Tariff Act of 1930 shall not apply to any drawback claim
filed within 6 months after the date of the enactment of this Act for
which that 3-year period would have expired.
SEC. 4. RELIQUIDATION OF CERTAIN NUCLEAR FUEL ASSEMBLIES.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, upon proper
request filed with the Secretary of the Treasury not later than 90 days
after the date of the enactment of this Act, the Secretary--
(1) shall reliquidate as free of duty the entries listed in
subsection (b); and
(2) shall refund any duties paid with respect to such
entry.
(b) Affected Entries.--The entries referred to in subsection (a)
are as follows:
062-2320014-5.................... 01-16-96 06-07-96
062-2320085-5.................... 02-13-96 07-12-96
839-4030989-7.................... 01-25-96 10-10-97
839-4031053-1.................... 12-02-96 10-17-97
839-4031591-0.................... 01-21-97 12-05-97
SEC. 5. LIQUIDATION OR RELIQUIDATION OF CERTAIN WATER RESISTANT WOOL
TROUSERS.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, upon proper
request filed with the Secretary of the Treasury not later than 90 days
after the date of the enactment of this Act, the Secretary--
(1) shall reliquidate as free of duty the entries listed in
subsection (b); and
(2) shall refund any duties paid with respect to such
entry.
(b) Affected Entries.--The entries referred to in subsection (a)
are as follows:
901-0243655-8................... September 18, 1989
901-0243861-2................... October 16, 1989
901-0244072-5................... November 12, 1989
901-0246043-4................... August 30, 1990
901-0246421-2................... November 2, 1990
901-0246482-4................... November 11, 1990
901-0251209-3................... October 26, 1992
901-0060944-6................... November 12, 1993
SEC. 6. DUTY ON CERTAIN IMPORTATIONS OF MUESLIX CEREALS.
(a) Before January 1, 1996.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon
proper request filed with the Customs Service before the 90th day after
the date of the enactment of this Act, any entry or withdrawal from
warehouse for consumption made after December 31, 1991, and before
January 1, 1996, of mueslix cereal, which was classified under the
special column rate applicable for Canada in subheading 2008.92.10 of
the Harmonized Tariff Schedule of the United States--
(1) shall be liquidated or reliquidated as if the special
column rate applicable for Canada in subheading 1904.10.00 of
such Schedule applied at the time of such entry or withdrawal;
and
(2) any excess duties paid as a result of such liquidation
or reliquidation shall be refunded, including interest at the
appropriate applicable rate.
(b) After December 31, 1995.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon
proper request filed with the Customs Service before the 90th day after
the date of the enactment of this Act, any entry or withdrawal from
warehouse for consumption made after December 31, 1995, and before
January 1, 1998, of mueslix cereal, which was classified under the
special column rate applicable for Canada in subheading 1904.20.10 of
the Harmonized Tariff Schedule of the United States--
(1) shall be liquidated or reliquidated as if the special
column rate applicable for Canada in subheading 1904.10.00 of
such Schedule applied at the time of such entry or withdrawal;
and
(2) any excess duties paid as a result of such liquidation
or reliquidation shall be refunded, including interest at the
appropriate applicable rate.
SEC. 7. EXPANSION OF FOREIGN TRADE ZONE NO. 143.
(a) Expansion of Foreign Trade Zone.--The Foreign Trade Zones Board
shall expand Foreign Trade Zone No. 143 to include areas in the
vicinity of the Chico Municipal Airport in accordance with the
application submitted by the Sacramento-Yolo Port District of
Sacramento, California, to the Board on March 11, 1997.
(b) Other Requirements Not Affected.--The expansion of Foreign
Trade Zone No. 143 under subsection (a) shall not relieve the Port of
Sacramento of any requirement under the Foreign Trade Zones Act, or
under regulations of the Foreign Trade Zones Board, relating to such
expansion.
SEC. 8. CUSTOMS USER FEES.
(a) Additional Preclearance Activities.--Section 13031(f)(3)(A) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)(A)) is amended--
(1) in clause (ii) by striking ``and'' at the end;
(2) by redesignating clause (iii) as clause (iv);
(3) by inserting after clause (ii) the following:
``(iii) to the extent funds remain
available after making reimbursements under
clause (ii), in providing salaries for up to 50
full-time equivalent inspectional positions to
provide preclearance services, and''; and
(4) in clause (iv), as so redesignated, by striking
``clause (ii)'' and inserting ``clauses (ii) and (iii)''.
(b) Collection of Fees for Passengers Aboard Commercial Vessels.--
Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c) is amended--
(1) in subsection (a), by amending paragraph (5) to read as
follows:
``(5)(A) Subject to subparagraph (B), for the arrival of
each passenger aboard a commercial vessel or commercial
aircraft from a place outside the United States (other than a
place referred to in subsection (b)(1)(A)(i) of this section),
$5.
``(B) For the arrival of each passenger aboard a commercial
vessel from a place referred to in subsection (b)(1)(A)(i) of
this section, $1.''; and
(2) in subsection (b)(1)(A), by striking ``(A) No fee'' and
inserting ``(A) Except as provided in subsection (a)(5)(B) of
this section, no fee''.
(c) Use of Merchandise Processing Fees for Automated Commercial
Systems.--Section 13031(f) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)) is amended by adding at
the end the following:
``(6) Of the amounts collected in fiscal year 1999 under paragraphs
(9) and (10) of subsection (a), $50,000,000 shall be available to the
Customs Service, subject to appropriations Acts, for automated
commercial systems. Amounts made available under this paragraph shall
remain available until expended.''.
(d) Advisory Committee.--Section 13031 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding
at the end the following:
``(k) Advisory Committee.--The Commissioner of Customs shall
establish an advisory committee whose membership shall consist of
representatives from the airline, cruise ship, and other transportation
industries who may be subject to fees under subsection (a). The
advisory committee shall not be subject to termination under section 14
of the Federal Advisory Committee Act. The advisory committee shall
meet on a periodic basis and shall advise the Commissioner on issues
related to the performance of the inspectional services of the United
States Customs Service. Such advice shall include, but not be limited
to, such issues as the time periods during which such services should
be performed, the proper number and deployment of inspection officers,
the level of fees, and the appropriateness of any proposed fee. The
Commissioner shall give consideration to the views of the advisory
committee in the exercise of his or her duties.''.
SEC. 9. MARKING OF CERTAIN SILK PRODUCTS AND CONTAINERS.
(a) In General.--Section 304 of the Tariff Act of 1930 (19 U.S.C.
1304) is amended--
(1) by redesignating subsections (h), (i), (j), and (k) as
subsections (i), (j), (k), and (l), respectively; and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Marking of Certain Silk Products.--The marking requirements
of subsections (a) and (b) shall not apply either to--
``(1) articles provided for in subheading 6214.10.10 of the
Harmonized Tariff Schedule of the United States, as in effect
on January 1, 1997; or
``(2) goods provided for in heading 5007 of the Harmonized
Tariff Schedule of the United States, as in effect on January
1, 1997.''.
(b) Conforming Amendment.--Section 304(j) of such Act, as
redesignated by subsection (a)(1) of this section, is amended by
striking ``subsection (h)'' and inserting ``subsection (i)''.
(c) Effective Date.--The amendments made by this section apply to
goods entered, or withdrawn from warehouse for consumption, on or after
the date of the enactment of this Act. | Amends the Trade Act of 1974 to extend duty-free treatment under the Generalized System of Preferences through June 30, 2000.
(Sec. 1) Provides, upon request filed with the Customs Service, for the liquidation or reliquidation (refund of duties) on entries of articles to which duty-free treatment under the Generalized System of Preferences would have applied if it had been in effect between June 30, 1998, and the date of enactment of this Act.
(Sec. 2) Amends the Tariff Act of 1930 to allow a duty drawback (refund of duty) for methyl tertiary-butyl ether (MTBE), a finished petroleum derivative, provided certain requirements are met.
(Sec. 3) Revises the methodology used to calculate the refund of duties on the export of finished petroleum derivatives that have been manufactured with (and substituted for) a qualified article which is of the same kind and quality (whether imported duty-paid or domestic). Redefines the term "qualified article" to include certain manufactured articles (primary forms), including articles of the same kind and quality, or any combination thereof, that are transferred as certified in a certificate of delivery or certificate of manufacture and delivery to an exporter in a quantity not greater than the quantity of articles purchased or exchanged for use in the manufactured article.
(Sec. 4) Directs the Secretary of the Treasury, upon proper request, to reliquidate as free of duty certain entries of: (1) nuclear fuel assemblies; and (2) water resistant wool trousers. Requires a refund of any duties paid with respect to such entries.
(Sec. 6) Directs the U.S. Customs Service, upon proper request, to: (1) liquidate or reliquidate as if the special column one duty rate applicable for Canada applied to certain entries or withdrawals for warehouse of mueslix cereal during 1992 through 1995; and (2) refund to the importer any excess duties paid with respect to such entries.
(Sec. 7) Directs the Foreign Trade Zones Board to expand Foreign Trade Zone No. 143 to include areas in the vicinity of the Chico Municipal Airport in accordance with the application submitted to the Board by the Sacramento-Yolo Port District of Sacramento, California, on March 11, 1997.
(Sec. 8) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for the use of customs user fees, to the extent funds remain available after making certain reimbursements, for salaries for up to 50 full-time equivalent inspectional positions to provide preclearance services.
Provides for the collection of a $1 customs user fee from each passenger aboard a commercial vessel whose arrival: (1) originated in Canada, Mexico, a U.S. territory or possession, or any adjacent island; or (2) originated in the United States and was limited to such places. (Currently, such fees are prohibited.) Earmarks, subject to appropriations Acts, a specified amount of certain customs user fees for the Customs Service for automated commercial systems.
Directs the Commissioner of Customs to establish an advisory committee, consisting of representatives from the airline, cruise ship, and other transportation industries, to advise the Commissioner on issues related to the performance of the inspectional services of the U.S. Customs Service.
(Sec. 9) Amends the Tariff Act of 1930 to exempt certain woven fabrics containing silk or silk waste from the country of origin marking requirements under such Act. | {"src": "billsum_train", "title": "To reauthorize the Generalized System of Preferences, and for other purposes."} | 3,614 | 773 | 0.626059 | 2.297071 | 0.566663 | 3.221226 | 4.633782 | 0.919283 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Year 2000 Readiness
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the failure of many computer programs to recognize the
Year 2000 will have extreme negative financial consequences in
the Year 2000 and in subsequent years for both large and small
businesses;
(2) small businesses are well behind larger businesses in
implementing corrective changes to their automated systems--85
percent of businesses with 200 employees or less have not
commenced inventorying the changes they must make to their
automated systems to avoid Year 2000 problems;
(3) many small businesses do not have access to capital to
fix mission critical automated systems; and
(4) the failure of a large number of small businesses will
have a highly detrimental effect on the economy in the Year
2000 and in subsequent years.
SEC. 3. YEAR 2000 COMPUTER PROBLEM LOAN GUARANTEE PROGRAM.
(a) Program Established.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended by adding at the end the following:
``(27) Year 2000 computer problem pilot program.--
``(A) Definitions.--In this paragraph--
``(i) the term `eligible lender' means any
lender designated by the Administration as
eligible to participate in--
``(I) the Preferred Lenders Program
authorized by the proviso in section
5(b)(7); or
``(II) the Certified Lenders
Program authorized in paragraph (19);
and
``(ii) the term `Year 2000 computer
problem' means, with respect to information
technology, any problem that prevents the
information technology from accurately
processing, calculating, comparing, or
sequencing date or time data--
``(I) from, into, or between--
``(aa) the 20th or 21st
centuries; or
``(bb) the years 1999 and
2000; or
``(II) with regard to leap year
calculations.
``(B) Establishment of program.--The Administration
shall--
``(i) establish a pilot loan guarantee
program, under which the Administration shall
guarantee loans made by eligible lenders to
small business concerns in accordance with this subsection; and
``(ii) notify each eligible lender of the
establishment of the program under this
paragraph.
``(C) Use of funds.--A small business concern that
receives a loan guaranteed under this paragraph shall
use the proceeds of the loan solely to address the Year
2000 computer problems of that small business concern,
including the repair or acquisition of information
technology systems and other automated systems.
``(D) Maximum amount.--The total amount of a loan
made to a small business concern and guaranteed under
this paragraph shall not exceed $50,000.
``(E) Guarantee limit.--The guarantee percentage of
a loan guaranteed under this paragraph shall not exceed
50 percent of the balance of the financing outstanding
at the time of disbursement of the loan.
``(F) Report.--The Administration shall annually
submit to the Committees on Small Business of the House
of Representatives and the Senate a report on the
results of the program under this paragraph, which
shall include information relating to--
``(i) the number and amount of loans
guaranteed under this paragraph;
``(ii) whether the loans guaranteed were
made to repair or replace information
technology and other automated systems; and
``(iii) the number of eligible lenders
participating in the program.''.
(b) Regulations.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall issue final regulations to carry out the
program under section 7(a)(27) of the Small Business Act, as
added by this section.
(2) Requirements.--Except to the extent inconsistent this
section or section 7(a)(27) of the Small Business Act, as added
by this section, the regulations issued under this subsection
shall be substantially similar to the requirements governing
the FA$TRACK pilot program of the Small Business
Administration, or any successor pilot program to that pilot
program.
(c) Repeal.--Effective on October 1, 2001, this section and the
amendment made by this section are repealed.
SEC. 4. PILOT PROGRAM REQUIREMENTS.
Section 7(a)(25) of the Small Business Act (15 U.S.C. 636(a)(25))
is amended by adding at the end the following:
``(D) Notification of change.--Not later than 30
days prior to initiating any pilot program or making
any change in a pilot program under this subsection
that may affect the subsidy rate estimates for the loan
program under this subsection, the Administration shall
notify the Committees on Small Business of the House of
Representatives and the Senate, which notification
shall include--
``(i) a description of the proposed change;
and
``(ii) an explanation, which shall be
developed by the Administration in consultation
with the Director of the Office of Management
and Budget, of the estimated effect that the
change will have on the subsidy rate.
``(E) Report on pilot programs.--The Administration
shall annually submit to the Committees on Small
Business of the House of Representatives and the Senate
a report on each pilot program under this subsection,
which report shall include information relating to--
``(i) the number and amount of loans made
under the pilot program;
``(ii) the number of lenders participating
in the pilot program; and
``(iii) the default rate, delinquency rate,
and recovery rate for loans under each pilot
program, as compared to those rates for other
loan programs under this subsection.''. | Small Business Year 2000 Readiness Act - Amends the Small Business Act to direct the Small Business Administration (SBA) to establish a pilot loan guarantee program under which the SBA shall guarantee loans made by eligible lenders to small businesses to address Year 2000 computer problems (Y2K problem), including the repair or acquisition of information technology systems and other automated systems. Limits: (1) the loan amount for each participating small business to $50,000; and (2) the amount which is guaranteed by the SBA to 50 percent of the total loan received from a lender.
Requires the SBA to notify the small business committees at least 30 days in advance of the initiation of any pilot program under such Act or a pilot program which may affect the subsidy rate estimates for a loan program. Requires an annual report to such committees on each pilot program under which loans are guaranteed by the SBA. | {"src": "billsum_train", "title": "Small Business Year 2000 Readiness Act"} | 1,277 | 190 | 0.646947 | 1.968166 | 0.930105 | 2.699422 | 6.809249 | 0.872832 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Salute to Veterans
and the Armed Forces Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Full payment of both retired pay and compensation to disabled
military retirees.
Sec. 3. Repeal of dependency and indemnity compensation offset from
survivor benefit plan surviving spouse
annuities.
Sec. 4. Increase in amount of basic educational assistance for members
of the Selected Reserve.
Sec. 5. Application of index based on costs of higher learning.
Sec. 6. One-time bonus for certain service in connection with Operation
Iraqi Freedom or Operation Enduring
Freedom.
Sec. 7. Authorization of additional funding for veterans medical care.
Sec. 8. Interim payments under certain veterans claims when decision is
delayed following remand for expedited
consideration.
Sec. 9. Prohibition on increases in medication copayment for veterans
and imposition of healthcare enrollment fee
for veterans.
Sec. 10. Information for separating servicemembers on veterans benefits
information.
Sec. 11. Veterans outreach programs.
Sec. 12. Retention of 38.6 percent top individual income tax rate.
SEC. 2. FULL PAYMENT OF BOTH RETIRED PAY AND COMPENSATION TO DISABLED
MILITARY RETIREES.
(a) Restoration of Full Retired Pay Benefits.--Section 1414 of
title 10, United States Code, is amended to read as follows:
``Sec. 1414. Members eligible for retired pay who have service-
connected disabilities: payment of retired pay and
veterans' disability compensation
``(a) Payment of Both Retired Pay and Compensation.--Except as
provided in subsection (b), a member or former member of the uniformed
services who is entitled to retired pay (other than as specified in
subsection (c)) and who is also entitled to veterans' disability
compensation is entitled to be paid both without regard to sections
5304 and 5305 of title 38.
``(b) Special Rule for Chapter 61 Career Retirees.--The retired pay
of a member retired under chapter 61 of this title with 20 years or
more of service otherwise creditable under section 1405 of this title
at the time of the member's retirement is subject to reduction under
sections 5304 and 5305 of title 38, but only to the extent that the
amount of the member's retired pay under chapter 61 of this title
exceeds the amount of retired pay to which the member would have been
entitled under any other provision of law based upon the member's
service in the uniformed services if the member had not been retired
under chapter 61 of this title.
``(c) Exception.--Subsection (a) does not apply to a member retired
under chapter 61 of this title with less than 20 years of service
otherwise creditable under section 1405 of this title at the time of
the member's retirement.
``(d) Definitions.--In this section:
``(1) The term `retired pay' includes retainer pay,
emergency officers retirement pay, and naval pension.
``(2) The term `veterans' disability compensation' has the
meaning given the term `compensation' in section 101(13) of
title 38.''.
(b) Repeal of Special Compensation Programs.--Sections 1413 and
1413a of such title are repealed.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the items relating to sections
1413, 1413a, and 1414 and inserting the following:
``1414. Members eligible for retired pay who have service-connected
disabilities: payment of retired pay and
veterans' disability compensation.''.
(d) Effective Date.--The amendments made by this section shall take
effect on--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted, if later than the
date specified in paragraph (1).
(e) Retroactive Benefits.--No benefits may be paid to any person by
reason of section 1414 of title 10, United States Code, as amended by
subsection (a), for any period before the effective date specified in
subsection (a).
SEC. 3. REPEAL OF DEPENDENCY AND INDEMNITY COMPENSATION OFFSET FROM
SURVIVOR BENEFIT PLAN SURVIVING SPOUSE ANNUITIES.
(a) Repeal.--Subsections (c), (e), and (k) of section 1450 of title
10, United States Code, and subsection (c)(2) of section 1451 of such
title are repealed.
(b) Effective Date.--The amendments made by subsection (a)--
(1) shall take effect on the later of October 1, 2003, or
the date of the enactment of this Act; and
(2) shall apply with respect to payment of annuities under
subchapter II of chapter 73 of title 10, United States Code,
for months beginning on or after that date.
(c) Recoupment of Certain Amounts Previously Refunded to SBP
Recipients.--(1) A surviving spouse who is in receipt of an SBP annuity
that is in effect before the date specified in subsection (b) and that
is adjusted by reason of the amendments made by subsection (a) and who
had previously received an SBP retired pay refund shall repay an amount
determined under paragraph (2). Any such repayment shall be made in the
same manner as a repayment under subsection (k)(2) of section 1450 of
title 10, United States Code, as in effect on the day before the date
of the enactment of this Act.
(2) The amount of a repayment under paragraph (1) shall be the
amount that bears the same ratio to the amount of that refund as the
surviving spouse's life expectancy (determined in accordance with
standard actuarial practices) bears to the anticipated total duration
of the annuity (determined as the sum of such life expectancy and the
duration of the annuity already received).
(3) In this subsection:
(A) The term ``SBP annuity'' means an annuity under the
program established under subchapter II of chapter 73 of title
10, United States Code.
(B) The term ``SBP retired pay refund'' means a refund
under subsection (e) of section 1450 of title 10, United States
Code, as in effect before the date specified in subsection (b).
SEC. 4. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS
OF THE SELECTED RESERVE.
(a) In General.--(1) Paragraph (1) of section 16131(b) of title 10,
United States Code, is amended--
(A) in subparagraph (A), by striking ``$251'' and inserting
``$600'';
(B) in subparagraph (B), by striking ``$188'' and inserting
``$450''; and
(C) in subparagraph (C), by striking ``$125'' and inserting
``$300''.
(2) The amendments made by paragraph (1) shall take effect on
October 1, 2004, and shall apply with respect to educational assistance
allowances under section 16131(b)(1) of such title paid for months
after September 2004.
(3) In the case of an educational assistance allowance under such
section paid for months occurring during fiscal year 2004--
(A) subparagraph (A) of such section shall be applied by
substituting ``$475'' for ``$251'';
(B) subparagraph (B) of such section shall be applied by
substituting ``$325'' for ``$188''; and
(C) subparagraph (C) of such section shall be applied by
substituting ``$215'' for ``$125''.
(b) No Adjustment for Fiscal Years 2004 and 2005.--Section
16131(b)(2) of such title shall not apply to rates of basic educational
assistance paid under such section during fiscal years 2004 and 2005.
SEC. 5. APPLICATION OF INDEX BASED ON COSTS OF HIGHER LEARNING.
(a) In General.--Section 16131(b)(2) of title 10, United States
Code, is amended to read as follows:
``(2)(A) With respect to any fiscal year beginning on or after
October 1, 2005, the Secretary shall provide a percentage increase
(rounded to the nearest dollar) in the rates payable under paragraph
(1) equal to the percentage (as determined by the Secretary) by which--
``(i) the average monthly costs of tuition and expenses for
commuter students at public institutions of higher learning
that award baccalaureate degrees for purposes of paragraph (1)
for the fiscal year involved, exceeds
``(ii) such average monthly costs for the preceding fiscal
year.
``(B) The Secretary shall make the determination under subparagraph
(A) after consultation with the Secretary of Education.
``(C) A determination made under subparagraph (A) in a year shall
take effect on October 1 of that year and apply with respect to basic
educational assistance allowances payable under this section for the
fiscal year beginning in that year.
``(D) Not later than September 30 each year, the Secretary shall
publish in the Federal Register the average monthly costs of tuition
and expenses as determined under subparagraph (A) in that year.''.
(b) Conforming Amendment.--(1) Section 3015(h) of title 38, United
States Code, is amended by striking ``by which--'' and all that follows
and inserting ``determined by the Secretary under section 16131(b)(2)
of title 10 for the fiscal year involved.''.
(2) The amendment made by paragraph (1) shall apply to fiscal years
beginning on or after October 1, 2005.
SEC. 6. ONE-TIME BONUS FOR CERTAIN SERVICE IN CONNECTION WITH OPERATION
IRAQI FREEDOM OR OPERATION ENDURING FREEDOM.
(a) Army, Navy, Air Force, and Marine Corps.--The Secretary of
Defense shall provide for the payment of a bonus under this section to
each member of the Army, Navy, Air Force, or Marine Corps who, at any
time during the service of the member in connection with Operation
Iraqi Freedom or Operation Enduring Freedom, satisfied or satisfies the
eligibility criteria for receipt of special pay under section 310 of
title 37, United States Code, for duty subject to hostile fire or
imminent danger.
(b) Coast Guard.--The Secretary of Homeland Security shall provide
for the payment of a bonus under this section to each member of the
Coast Guard who, at any time during the service of the member in
connection with Operation Iraqi Freedom or Operation Enduring Freedom,
satisfied or satisfies the eligibility criteria for receipt of special
pay under such section.
(c) Amount of Bonus.--The amount of the bonus paid under this
section shall be equal to $1,000.
(d) Entitlement Limited to Single Bonus Payment.--A member may not
receive more than one bonus under the authority of this section.
SEC. 7. AUTHORIZATION OF ADDITIONAL FUNDING FOR VETERANS MEDICAL CARE.
(a) Authorization.--There are authorized to be appropriated to the
Department of Veterans Affairs, in addition to amounts otherwise
authorized to be appropriated, the amount of $1,000,000,000 for each of
fiscal years 2004 through 2013.
(b) Improved Access to Care.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall be used to
ensure that veterans seeking healthcare from the Department of Veterans
Affairs receive their initial appointment for healthcare for a date
that is not later than 30 days after the date on which the request is
made.
SEC. 8. INTERIM PAYMENTS UNDER CERTAIN VETERANS CLAIMS WHEN DECISION IS
DELAYED FOLLOWING REMAND FOR EXPEDITED CONSIDERATION.
(a) In General.--(1) Chapter 53 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5320. Interim benefits under certain remanded cases
``(a) Interim Benefits.--When a claim for benefits under the
jurisdiction of the Secretary is remanded by the United States Court of
Appeals for Veterans Claims or by the Board for Veterans' Appeals in a
case to which section 302 of Public Law 103-446 (38 U.S.C. 5101 note)
applies, if the Secretary does not make a decision on the matter within
180 days of the date of the remand decision, then until such matter is
finally decided, the Secretary shall pay an interim benefit in the
amount of $500 per month to each claimant under the claim. Such
payments shall commence as of the first month beginning after the end
of such 180-day period.
``(b) Effect on Interim Benefit Payments of Final Decision on
Claim.--When a claim with respect to which interim benefits are being
paid under subsection (b) is finally decided--
``(1) if the final decision is to award benefits, the
amounts paid as interim benefits shall be considered to be an
advance payment of benefits owed for any period before the date
of such final decision (except that if the total amount of
interim benefits paid is greater than the amount of retroactive
benefits, the amount of the difference shall not be considered
to be an overpayment for any purpose); and
``(2) if the final decision is not to award benefits, the
amounts paid as interim benefits shall not be considered to be
an overpayment for any purpose.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``5320. Interim benefits under certain remanded cases.''.
(b) Effective Date.--Section 5320 of title 38, United States Code,
as added by subsection (a), shall apply with respect to any decision
remanded by the Court of Appeals for Veterans Claims or the Board of
Veterans' Appeals on or after the date of the enactment of this Act.
(c) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on measures the Secretary intends to take to
expedite the processing of remanded claims for veterans benefits.
SEC. 9. PROHIBITION ON INCREASES IN MEDICATION COPAYMENT FOR VETERANS
AND IMPOSITION OF HEALTHCARE ENROLLMENT FEE FOR VETERANS.
(a) Medication Copayments.--During the period beginning on the date
of the enactment of this Act and ending on October 1, 2004, the
Secretary of Veterans Affairs may not implement under subsection (b) of
section 1722A of title 38, United States Code, an increase in the
copayment for medications required under subsection (a) of that
section.
(b) Enrollment Fee.--During the period beginning on the date of the
enactment of this Act and ending on October 1, 2004, the Secretary of
Veterans Affairs may not implement an enrollment fee for veterans
enrolling (or renewing enrollment) in the Department of Veterans
Affairs healthcare system under section 1705 of such title.
SEC. 10. INFORMATION FOR SEPARATING SERVICEMEMBERS ON VETERANS BENEFITS
INFORMATION.
(a) Information on Final Pay Stub.--Section 1142 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(d) Information on Access to Veterans Benefits.--The Secretary
concerned shall include on the final statement of pay and allowances
provided to a member who is separating from active duty or an active
status information on how to contact the Department of Veterans Affairs
for information concerning veterans benefits and the Department of
Labor for information concerning employment opportunities.''.
(b) Effective Date.--Subsection (d) of section 1142 of title 10,
United States Code, as added by subsection (a), shall apply with
respect to persons separating from active duty or an active status in
the Armed Forces after the end of the 60-day period beginning on the
date of the enactment of this Act.
SEC. 11. VETERANS OUTREACH PROGRAMS.
(a) Information on Veterans Benefits.--Section 7722(c) of title 38,
United States Code, is amended by adding at the end the following new
paragraphs:
``(3) Information provided under this subsection shall include
information on how to apply for benefits for which the veteran or
dependent may be eligible, including information about assistance
available under subsection (d).
``(4) In the case of veterans or dependents who are members of
distinct beneficiary populations (such as survivors of veterans), the
Secretary shall ensure that information provided under this subsection
includes specific information about benefits relating to that
population.''.
(b) Annual Outreach Plan.--(1) Chapter 77 of such title is amended
by inserting at the end of subchapter II the following new section:
``Sec. 7728. Annual outreach plan
``(a) The Secretary shall prepare an annual plan for the conduct of
outreach activities under this subchapter. The Secretary shall include
in the annual plan--
``(1) efforts to identify veterans who are not otherwise
enrolled or registered with the Department for benefits or
services under programs administered by the Secretary; and
``(2) provisions for informing veterans and dependents of
any changes in benefit programs or health care eligibility.
``(b) In developing the annual plan, the Secretary shall consult
with the following:
``(1) Directors or other responsible officials of veterans
service organizations.
``(2) Directors or other responsible officials of local
education and training programs.
``(3) Representatives of veterans outreach programs.
``(4) Local veterans employment representatives.
``(5) Business and professional organizations.
``(6) Other appropriate individuals or organizations that
could assist veterans in adjusting to a self-sufficient
civilian life.
``(c) The annual report required by section 7726 of this title
shall include specific information concerning the effectiveness of the
outreach plan developed pursuant to this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7727 the
following new item:
``7728. Annual outreach plan.''.
SEC. 12. RETENTION OF 38.6 PERCENT TOP INDIVIDUAL INCOME TAX RATE.
(a) In General.--The table contained in section 1(i)(2) of the
Internal Revenue Code of 1986, as amended by the Jobs and Growth Tax
Relief Reconciliation Act of 2003, is amended by striking ``35.0%'' and
inserting ``38.6%''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2002. | Salute to Veterans and the Armed Forces Act of 2003 - Allows the full payment of military retired pay and veterans' disability compensation, without deduction from either (current law), without the enactment of qualifying offsetting legislation.
Repeals: (1) special compensation programs for certain severely disabled and combat-disabled military retirees; and (2) provisions requiring a dependency and indemnity compensation offset from surviving spouse annuities under the Survivor Benefit Plan.
Increases the amount of basic educational assistance for members of the Selected Reserve.
Directs the Secretary of Defense, for fiscal years after 2005, to provide a percentage increase in the higher learning cost index for determining basic educational assistance amounts.
Directs the Secretary to pay a bonus to members who, at any time during service under Operations Iraqi Freedom or Enduring Freedom, satisfied eligibility requirements for the receipt of special pay for duty subject to hostile fire or imminent danger. Directs the Secretary of Homeland to provide such bonus to qualifying Coast Guard members.
Authorizes additional appropriations for veterans' improved access to medical care.
Directs the Secretary of Veterans Affairs to make interim payments under claims for veterans' benefits when the final decision regarding the payment of such benefits is delayed following remand by the U.S. Court of Appeals for Veterans Claims or the Board for Veterans' Appeals to the Secretary for expedited consideration.
Prohibits with respect to veterans: (1) increases in medication copayments; and (2) the imposition of health care enrollment fees.
Requires the: (1) Secretaries of Veterans Affairs and Labor to provide appropriate information concerning veterans' benefits and employment opportunities; and (2) Secretary of Veterans Affairs to prepare an annual plan for the conduct of veterans' outreach activities.
Amends the Internal Revenue Code to place the maximum individual income tax rate at 38.6 percent. | {"src": "billsum_train", "title": "To improve benefits for members of the Armed Forces and veterans and for their dependents and survivors."} | 4,249 | 390 | 0.652063 | 1.971082 | 0.817972 | 2.893678 | 10.974138 | 0.91092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Meaningful Petition
Outreach While Enhancing Rights of States Act of 2018'' or the
``EMPOWERS Act of 2018''.
SEC. 2. GREATER COUNTY AND STATE INVOLVEMENT.
(a) County and State Consultation on Petitions.--Section 4(b)(3) of
the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by
adding at the end the following:
``(E) Listing petition review requirements.--
``(i) Not later than 30 days before
submitting to the Secretary a petition to list,
delist, or reclassify a species that occurs in
the United States, or to revise a designation
of critical habitat of such a species, the
petitioner shall provide to the chief executive
of each county and State in which the species
is located a notice of intent to submit such
petition.
``(ii) The Secretary shall, upon finding
that a petitioned action to list a species as a
threatened species or endangered species may be
warranted, solicit from the chief executive of
each county and State in which the species is
located--
``(I) information regarding
threats to the species and
efforts by the county or State,
respectively, to protect the
species;
``(II) information about
the anticipated effects of the
action requested in the
petition in that county or
State, respectively; and
``(III) the advice of the
chief executive on whether the
status of the species merits
the action requested in the
petition, including information
in support of such advice.
``(iii) The Secretary may verify by field
testing the information presented in a petition
asserting that a species is a threatened
species or endangered species.
``(iv) If a chief executive advises under
clause (ii)(III) that the petitioned-for action
is not warranted, the Secretary may not proceed
with the action unless the Secretary
demonstrates that information submitted in
support of such advice by the chief executive
is incorrect and that the action is
warranted.''.
(b) Regulations To Implement Determinations.--Section 4(b)(5) of
the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)) is amended to
read as follows:
``(5) Notice required.--With respect to any regulation
proposed by the Secretary to implement a determination referred
to in subsection (a)(1), the Secretary shall--
``(A) not less than 90 days before the effective
date of the regulation--
``(i) publish a general notice and the
complete text of the proposed regulation in the
Federal Register;
``(ii) provide notice of the proposed
regulation (including the complete text of the
regulation) to the chief executive of county
and State in which the species is located, and
invite such chief executive to submit to the
Secretary a determination as to whether the
proposed regulation is warranted; and
``(iii) if the chief executive notifies the
Secretary that the proposed regulation is not
warranted, provide to the chief executive a
record of decision for such determination,
including information made available to the
Secretary that did not support the
determination and in writing the reasons for
the determination;
``(B) in cooperation with the Secretary of State,
provide notice of the proposed regulation to each
foreign nation in which the species is located or whose
citizens harvest the species on the high seas, and
invite the comment of such nation thereon;
``(C) provide notice of the proposed regulation
to--
``(i) each person who requests such notice;
``(ii) each person who has submitted
additional data on the proposed regulation;
``(iii) each county, State, and local
government within the jurisdiction of which the
species is located or that is likely to
experience any effects of any measures to
protect the species under this Act; and
``(iv) such professional scientific
organizations as the Secretary considers
appropriate;
``(D) publish a summary of the proposed regulation
on the internet; and
``(E) promptly hold one public hearing on the
proposed regulation if any person files a request for
such a hearing within 45 days after the date of
publication of general notice.''.
(c) Consultation on Final Determination.--Section 4(i) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(i)) is amended to read
as follows:
``(i) Written Justification.--If the Secretary adopts a final
regulation in conflict with advise submitted by the chief executive of
a county or State or fails to adopt a regulation pursuant to an action
petitioned for by such a chief executive under subsection (b)(3), the
Secretary shall submit to the chief executive--
``(1) a separate written justification explaining the
failure of the Secretary to adopt regulations consistent with
the advise or petition of the chief executive;
``(2) any determination referred to in subsection (a)(1)
relating to the regulation; and
``(3) all comments received by the Secretary that disagreed
with all or part of the regulation.''.
(d) FACA.--Section 4(b) of the Endangered Species Act of 1973 (16
U.S.C. 1533(b)) is amended by adding at the end the following:
``(9) FACA.--Consultation with counties and States
regarding petitions and proposed regulations under this
subsection shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).''. | Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2018 or the EMPOWERS Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for listing, delisting, or reclassifying a species under the Act. Before submitting to the Department of the Interior or the Department of Commerce, as appropriate, a petition to list a species as a threatened or endangered species, the petitioner must notify each county and state in which the species is located of the intent to submit a petition. Upon finding that the petition may be warranted, the appropriate department must solicit advice from each county and state in which the species is located. If a state or county advises that the listing is not warranted, then the appropriate department may not proceed with the listing unless the department demonstrates that the information submitted in support of the advice is incorrect and that the listing is warranted. The bill expands requirements regarding providing notice of a proposed regulation that determines whether a species is endangered or threatened, including by requiring the appropriate department to provide notice to each person who requests a notice. The appropriate department must justify a final regulation that conflicts with the advice of a state or county. | {"src": "billsum_train", "title": "Ensuring Meaningful Petition Outreach While Enhancing Rights of States Act of 2018"} | 1,252 | 272 | 0.71312 | 2.002769 | 0.760017 | 2.757709 | 5.048458 | 0.872247 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovation Inspiration School Grant
Program Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the National Science Board's 2010 Science
and Engineering Indicators, only 5 percent of American college
graduates major in engineering. In Asia, about 20 percent of
all baccalaureate degrees are in engineering and in China about
33 percent of baccalaureate degrees are in engineering.
(2) Although 4th graders in the United States score well
against international competition, students in the United
States fall near the bottom or dead last by 12th grade in
mathematics and science, respectively.
(3) Admissions requirements for undergraduate engineering
schools include a solid background in mathematics (algebra,
geometry, trigonometry, and calculus) and science (biology,
chemistry, and physics), in addition to courses in English,
social studies, and humanities.
(4) According to the Bureau of Labor Statistics, overall
engineering employment is expected to grow by 11 percent from
2008 through 2018, and, as a group, engineers earn some of the
highest average starting salaries among individuals holding
baccalaureate degrees.
(5) According to the Department of Labor, engineers should
be creative, inquisitive, analytical, and detail-oriented.
Engineers should be able to work as part of a team and to
communicate well, both orally and in writing. Communication
abilities are becoming increasingly important as engineers
interact more frequently with specialists in a wide range of
fields outside engineering.
(6) Exposure to project- and problem-based learning, in a
competitive team environment, gives 9th through 12th graders
the skills that they need to be successful in engineering
programs of study and engineering careers.
(7) According to Brandeis University's Center for Youth and
Communities, participants in FIRST Robotics (a nonprofit
organization that inspires young people to be science and
technology leaders by engaging the young people in mentor-based
programs)--
(A) are more likely than nonparticipants to attend
an institution of higher education on a full-time basis
(88 percent versus 53 percent);
(B) are nearly 2 times as likely to major in a
science or engineering field; and
(C) are more than 3 times as likely to have majored
specifically in engineering.
SEC. 3. DEFINITIONS.
In this Act:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Low-income student.--The term ``low-income student''
means a student who is eligible for free or reduced price lunch
under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
(3) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) STEM.--The term ``STEM'' means science, technology,
engineering (including robotics), or mathematics.
(6) Non-traditional stem education teaching methods.--The
term ``non-traditional STEM education teaching methods'' means
a STEM education method or strategy such as incorporating self-
directed student learning, inquiry-based learning, cooperative
learning in small groups, collaboration with mentors in the
field of study, and participation in STEM-related competitions.
SEC. 4. INNOVATIVE INSPIRATION SCHOOL GRANT PROGRAM.
(a) Goals of Program.--The goals of the Innovation Inspiration
grant program are--
(1) to provide opportunities for local educational agencies
to support non-traditional STEM education teaching methods;
(2) to support the participation of students in nonprofit
STEM competitions;
(3) to foster innovation and broaden interest in, and
access to, careers in the STEM fields by investing in programs
supported by educators and professional mentors who receive
hands-on training and ongoing communications that strengthen
the interactions of the educators and mentors with--
(A) students who are involved in STEM activities;
and
(B) other students in the STEM classrooms and
communities of such educators and mentors; and
(4) to encourage collaboration among students, engineers,
and professional mentors.
(b) Program Authorized.--
(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to local educational agencies
to enable the local educational agencies--
(A) to promote STEM in secondary schools;
(B) to support the participation of secondary
school students in non-traditional STEM teaching
methods; and
(C) to broaden secondary school students' access to
careers in STEM.
(2) Duration.--The Secretary shall award each grant under
this Act for a period of not more than 5 years.
(3) Amounts.--The Secretary shall award a grant under this
Act in an amount that is sufficient to carry out the goals of
this Act.
(c) Application.--
(1) In general.--Each local educational agency desiring a
grant under this Act shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
(2) Contents.--The application shall, at a minimum, include
a description of how the local educational agency will--
(A) carry out STEM teaching programs that will use
a non-traditional STEM teaching method;
(B) identify and recruit partners and mentors--
(i) to help carry out the programs
described in subparagraph (A); and
(ii) to assist students who participate in
such programs, including through technology-
supported means;
(C) support educators who lead such programs, and
participants in such programs, through stipends or
other incentives;
(D) recruit young women and individuals from
populations historically underrepresented in the STEM
fields to participate in such programs;
(E) identify public and private partners that can
support such programs with cash or in-kind
contributions;
(F) plan for sustaining such programs financially
beyond the grant period; and
(G) evaluate the grant project and the results of
the grant project among participating students,
including--
(i) comparing students who participate in
the grant project to similar students who do
not participate; and
(ii) evaluating--
(I) secondary school graduation
rates;
(II) rates of attendance at
institutions of higher education;
(III) the number of students taking
advanced STEM related secondary school
classes; and
(IV) the ability of students
participating in the grant project to
partner with professional mentors.
(3) Preference.--In awarding grants under this section, the
Secretary shall give priority to applications from local
educational agencies that propose to carry out activities that
target--
(A) a rural or urban school;
(B) a low-performing school or local educational
agency; or
(C) a local educational agency or school that
serves low-income students.
(d) Uses of Funds.--
(1) In general.--Each local educational agency that
receives a grant under this Act shall use the grant funds for
any of the following:
(A) STEM education and career activities.--
Promotion of STEM education and career activities.
(B) Purchase of parts.--The purchase of parts and
supplies needed to support participation in non-
traditional STEM teaching methods.
(C) Teacher incentives and stipends.--Incentives
and stipends for teachers involved in non-traditional
STEM teaching methods outside of their regular teaching
duties.
(D) Support and expenses.--Support and expenses for
student and team participation in regional and national
nonprofit STEM competitions.
(E) Additional materials and support.--Additional
materials and support, such as equipment, facility use,
technology, broadband access, and other expenses,
directly associated with non-traditional STEM teaching
and mentoring.
(F) Evaluation.--Carrying out the evaluation
described in subsection (c)(2)(G).
(G) Other activities.--Carrying out other
activities that are related to the goals of the grant
program, as described in subsection (a).
(2) Prohibition.--A local educational agency shall not use
grant funds awarded under this Act to participate in any STEM
competition that is not a nonprofit competition.
(3) Administrative costs.--Each local educational agency
that receives a grant under this Act may use not more than 2
percent of the grant funds for costs related to the
administration of the grant project.
(e) Matching Requirement.--
(1) In general.--Subject to paragraph (2), each local
educational agency that receives a grant under this Act shall
secure, toward the cost of the activities assisted under the
grant, from non-Federal sources, an amount equal to 50 percent
of the grant. The non-Federal contribution may be provided in
cash or in kind.
(2) Waiver.--The Secretary may waive all or part of the
matching requirement described in paragraph (1) for a local
educational agency if the Secretary determines that applying
the matching requirement would result in a serious financial
hardship or a financial inability to carry out the goals of the
grant project.
(f) Supplement, Not Supplant.--Grant funds provided to a local
educational agency under this Act shall be used to supplement, and not
supplant, funds that would otherwise be used for activities authorized
under this Act.
(g) Evaluation.--The Secretary shall establish an evaluation
program to determine the efficacy of the grant program established by
this Act, which shall include comparing students participating in a
grant project funded under this Act to similar students who do not so
participate, in order to assess the impact of student participation
on--
(1) what courses a student takes in the future; and
(2) a student's postsecondary study.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this Act such sums as may be necessary for each of
the fiscal years 2014 through 2018.
(2) Limitations.--Of the amounts appropriated under
paragraph (1) for a fiscal year, not more than 2 percent shall
be used for the evaluation described under subsection (g). | Innovation Inspiration School Grant Program Act - Authorizes the Secretary of Education to award competitive matching grants to local educational agencies (LEAs) to: (1) promote science, technology, engineering (including robotics), and mathematics (STEM) in secondary schools; (2) support the participation of secondary school students in nontraditional STEM teaching methods; and (3) broaden secondary school students' access to STEM careers. Gives priority to grant applications that target: (1) a rural or urban school, (2) a low-performing school or LEA, or (3) an LEA or school that serves students who are eligible for free or reduced price lunches under the school lunch program. Authorizes the Secretary to waive all or part of the matching requirement for financially-strapped LEAs. Directs the Secretary to evaluate the efficacy of the grant program. | {"src": "billsum_train", "title": "Innovation Inspiration School Grant Program Act"} | 2,232 | 176 | 0.388475 | 1.11418 | 0.952045 | 3.116564 | 12.969325 | 0.932515 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women and Children's HIV Protection
Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Perinatal transmission is the leading cause of
pediatric HIV infections, including AIDS cases.
(2) The Centers for Disease Control and Prevention
(``CDC'') estimates that nearly 7,000 HIV-infected women give
birth in the United States each year and as many as 400 babies
continue to be born with HIV infection each year.
(3) Medical advances have made it possible to nearly
eliminate perinatal HIV transmission.
(4) Research studies have demonstrated that the
administration of antiviral medication during pregnancy, during
labor, and immediately following birth can significantly reduce
the transmission of HIV from an infected mother to her baby.
Caesarean section further reduces the risk of transmission.
(5) Even if treatment begins shortly after birth,
antiretroviral therapy can substantially reduce the chance that
an HIV-exposed infant will become infected.
(6) Breastfeeding by HIV-infected mothers poses additional
significant risk of infection to babies.
(7) The Institute of Medicine (``IOM'') has recommended the
adoption of a national policy of universal HIV testing, with
patient notification, as a routine component of prenatal care.
However, 15 percent of HIV-infected pregnant women receive no
prenatal care according to the IOM.
(8) The CDC has recommended since 1995 that all pregnant
women be counseled and offered voluntary HIV testing. Yet
nearly half of pregnant women are still not tested according to
the CDC. The CDC has found that mandatory testing of newborns
and universal HIV testing of pregnant woman are the best
approaches for identifying, treating, and preventing HIV among
pregnant women and children.
(9) The American Medical Association recommends mandatory
HIV testing of all newborns with appropriate treatment for
affected mothers and children.
(10) Testing newborns whose mothers' status is unknown
ensures that every child at risk for HIV is identified.
(11) More than a third of the HIV infections that occur
annually among newborns in the United States could be prevented
with routine HIV testing of pregnant woman or newborns
according to a 2002 report by the Inspector General of the
Department of Health and Human Services. This represents over
100 babies born every year that are needlessly infected.
(12) The provision of testing of pregnant women and
newborns with appropriate counseling and treatment can
significantly reduce the number of pediatric HIV infections,
including AIDS cases, can improve access to and medical care
for the woman and children, and can provide opportunities to
further reduce transmission among adults.
(13) The provision of such testing, counseling, and
treatment can reduce the overall cost of pediatric HIV
infections, including AIDS cases.
(14) New York State has required mandatory HIV counseling
and voluntary testing for pregnant women and mandatory HIV
testing of all newborns since February 1997. As a result, the
perinatal HIV transmission rate in the State has dropped from
25 percent to an all time low of 3.5 percent and over 99
percent of HIV-infected women and their children have been linked to
care.
(15) For the foregoing reasons--
(A) universal routine HIV testing of pregnant women
and newborns should be the standard of care; and
(B) the relevant medical organizations, as well as
public health officials, should issue guidelines making
such testing, counseling, and treatment the standard of
care.
SEC. 3. GRANTS REGARDING COUNSELING AND TESTING OF PREGNANT WOMEN AND
NEWBORN INFANTS.
Subpart II of part B of title XXVI of the Public Health Service Act
(42 U.S.C. 300ff-33 et seq.) is amended by inserting after section 2625
the following section:
``SEC. 2625A. GRANTS REGARDING COUNSELING AND TESTING OF PREGNANT WOMEN
AND NEWBORN INFANTS.
``(a) In General.--Of the amounts appropriated under section 2677
for a fiscal year for carrying out this part, exclusive of amounts
available for grants under section 2618(a)(2)(I), the Secretary,
subject to subsection (b)(2), shall reserve $82,875,000 for making
grants to each State that demonstrates that the law or regulations of
the State are in accordance with the following:
``(1) That all pregnant women receiving prenatal care in
the State be offered counseling and testing regarding HIV
disease.
``(2) In the case of prenatal testing for such disease that
is conducted in the State, that the results of such testing be
promptly disclosed to the pregnant woman involved.
``(3) In the case of newborn infants who are born in the
State and whose biological mothers have not undergone prenatal
testing for HIV disease, that each such infant undergo testing
for such disease.
``(4) That the results of such testing of a newborn infant
be promptly disclosed in accordance with the following, as
applicable to the infant involved:
``(A) To the biological mother of the infant
(without regard to whether she is the legal guardian of
the infant).
``(B) If the State is the legal guardian of the
infant:
``(i) To the appropriate official of the
State agency with responsibility for the care
of the infant.
``(ii) To the appropriate official of each
authorized agency providing assistance in the
placement of the infant.
``(iii) If the authorized agency is giving
significant consideration to approving an
individual as a foster parent of the infant, to
the prospective foster parent.
``(iv) If the authorized agency is giving
significant consideration to approving an
individual as an adoptive parent of the infant,
to the prospective adoptive parent.
``(C) If neither the biological mother nor the
State is the legal guardian of the infant, to another
legal guardian of the infant.
``(D) To the child's health care provider.
``(5) That, in disclosing the test results to an individual
under paragraph (2) or (4), appropriate counseling on HIV
disease and appropriate referrals for health care be offered to
the individual (except in the case of a disclosure to an
official of a State or an authorized agency, or to a health
care provider).''.
``(b) Date Certain for Making Grants; Limitation on Reservation of
Funds.--
``(1) Date certain for making grants.--Not later than the
end of the three-month period beginning on the date on which
appropriations first become available for a fiscal year for
grants under section 2611, the Secretary shall make grants
under subsection (a) for such fiscal year to all States that
seek such grants and meet the condition described in such
subsection for the grants.
``(2) Limitation on reservation of funds.--Effective upon
the expiration of the period described in paragraph (1) with
respect to a fiscal year, the unobligated portion of the amount
reserved under subsection (a) for the fiscal year is available
for grants under section 2611 for the fiscal year.
``(c) Amount of Grants.--Each grant under subsection (a) for a
fiscal year shall be made in the amount of $1,500,000, except that the
amount of such a grant for a territory of the United States shall be
$375,000.
``(d) Authorized Expenditures.--A grant under subsection (a) may be
expended for any purpose for which a grant under 2611 is authorized to
be expended.
``(e) Definitions.--For purposes of this section, the terms `State'
and `territory of the United States' have the meanings that apply to
such terms for purposes of grants under section 2611 (including the
meanings that apply for purposes of section 2618).''. | Women and Children's HIV Protection Act of 2003 - Amends the Public Health Service Act to provide for grants regarding the counseling and testing of pregnant women and newborn infants out of moneys appropriated under the care grant program. Prohibits making a grant to a State unless the State demonstrates that the law or regulations of the State require specified testing and services for pregnant women and newborn infants regarding HIV disease. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to testing pregnant women and newborn infants for infection with the human immunodeficiency virus."} | 1,691 | 91 | 0.499356 | 1.307026 | 0.656309 | 3.226667 | 21.52 | 0.906667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Prescription Drug Savings
and Choice Act of 2004''.
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 (Public Law 108-173), 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 one or more medicare operated prescription drug plans (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 offers qualified prescription
drug coverage and access to negotiated prices described in section
1860D-2(a)(1)(A). Such a plan may offer supplemental prescription drug
coverage in the same manner as other qualified prescription drug
coverage offered by other prescription drug plans.
``(d) Monthly Beneficiary Premium.--
``(1) Qualified prescription drug coverage.--The monthly
beneficiary premium for qualified prescription drug coverage
and access to negotiated prices described in section 1860D-
2(a)(1)(A) to be charged under a medicare operated prescription
drug plan shall be uniform nationally. Such premium for months
in 2006 shall be $35 and for months in succeeding years shall
be based on the average monthly per capita actuarial cost of
offering the medicare operated prescription drug plan for the
year involved, including administrative expenses.
``(2) Supplemental prescription drug coverage.--Insofar as
a medicare operated prescription drug plan offers supplemental
prescription drug coverage, the Secretary may adjust the amount
of the premium charged under paragraph (1).
``(3) Requirement for at least one plan with a $35 premium
in 2006.--The Secretary shall ensure that at least one medicare
operated prescription drug plan offered in 2006 has a monthly
premium of $35. ''.
(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 and Choice Act of 2004 - 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 one or more Medicare operated prescription drug plans nationally that offers qualified prescription drug coverage and access to negotiated prices, while allowing the plan to offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage offered by other prescription drug plans; 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 the use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally and for months in 2006 shall be $35 and for months in succeeding years shall be based on the average monthly per capita actuarial cost of offering the Medicare operated prescription drug plan for the year involved, including administrative expenses. Allows for adjustment of such premium amount in case of supplemental prescription drug coverage. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the Medicare Program."} | 1,303 | 253 | 0.67371 | 1.833684 | 0.867706 | 5.565789 | 4.97807 | 0.934211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Waste and Abuse Reduction
Act of 1995''.
SEC. 2. PROHIBITING UNNECESSARY AND WASTEFUL MEDICARE PAYMENTS FOR
CERTAIN ITEMS.
Notwithstanding any other provision of law, regulation or payment
policy, the following categories of charges shall not be reimbursable
under title XVIII of the Social Security Act:
(a) tickets to sporting or other entertainment events,
(b) gifts or donations,
(c) costs related to team sports,
(d) personal use of automobiles,
(e) costs for fines and penalties resulting from violations
of Federal, State or local laws or regulations, and
(f) tuition or fees for spouses or dependents of providers
of services, their employees or contractors.
SEC. 3. COMPETITIVE BIDDING TO REDUCE WASTEFUL MEDICARE PAYMENTS FOR
DURABLE MEDICAL EQUIPMENT AND MEDICAL SUPPLIES.
(a) General Rule.--Part B of title XVIII of the Social Security Act
is amended by inserting after section 1846 the following:
``competition acquisition for items and services
``Sec. 1847. (a) Establishment of Bidding Areas.--
``(1) In general.--The Secretary shall establish
competitive acquisition areas for the purpose of awarding a
contract or contracts for the furnishing under this part of the
items and services described in subsection (c) on or after
January 1, 1996. The Secretary may establish different
competitive acquisition areas under this subsection for
different classes of items and services under this part.
``(2) Criteria for establishment.--The competitive
acquisition areas established under paragraph (1) shall--
``(A) initially be, or be within, metropolitan
statistical areas;
``(B) be chosen based on the availability and
accessibility of suppliers and the probable savings to
be realized by the use of competitive bidding in the
furnishing of items and services in the area; and
``(C) be chosen so as to not reduce access to such
items and services to individuals residing in rural and
other underserved areas.
``(b) Awarding of Contracts in Areas.--
``(1) In general.--The Secretary shall conduct a
competition among individuals and entities supplying items and
services under this part for each competitive acquisition area
established under subsection (a) for each class of items and
services.
``(2) Conditions for awarding contract.--The Secretary may
not award a contract to any individual or entity under the
competition conducted pursuant to paragraph (1) to furnish an
item or service under this part unless the Secretary finds that
the individual or entity--
``(A) meets quality standards specified by the
Secretary for the furnishing of such item or service;
and
``(B) offers to furnish a total quantity of such
item or service that is sufficient to meet
the expected need within the competitive acquisition
area and to assure that access to such items and services to
individuals residing in rural and other underserved areas is not
reduced.
``(3) Contents of contract.--A contract entered into with
an individual or entity under the competition conducted
pursuant to paragraph (1) shall specify (for all of the items
and services within a class)--
``(A) the quantity of items and services the entity
shall provide; and
``(B) such other terms and conditions as the
Secretary may require.
``(c) Services Described.--The items and services to which the
provisions of this section shall apply are as follows:
``(1) Durable medical equipment and medical supplies.
``(2) Oxygen and oxygen equipment.
``(3) Such other items and services for which the Secretary
determines that the use of competitive acquisition under this
section will be appropriate and cost-effective.''.
(b) Items and Services To Be Furnished Only Through Competitive
Acquisition.--Section 1862(a) (42 U.S.C. 1395y(a)), as amended by
section 4034(b)(4), is amended--
(1) by striking ``or'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting ``; or''; and
(3) by inserting after paragraph (15) the following new
paragraph:
``(16) where such expenses are for an item or service
furnished in a competitive acquisition area (as established by
the Secretary under section 1847(a)) by an individual or entity
other than the supplier with whom the Secretary has entered
into a contract under section 1847(b) for the furnishing of
such item or service in that area, unless the Secretary finds
that such expenses were incurred in a case of urgent need.''.
(c) Reduction in Payment Amounts if Competitive Acquisition Fails
To Achieve Minimum Reduction in Payments.--Notwithstanding any other
provision of title XVIII of the Social Security Act, if the
establishment of competitive acquisition areas under section 1847 of
such Act (as added by subsection (a)) and the limitation of coverage
for items and services under part B of such title to items and services
furnished by providers with competitive acquisitions contracts under
such section does not result in a reduction of at least 10 percent (20
percent for oxygen and oxygen equipment) in the projected payment
amount that would have applied to the item or service under part B if
the item or service had not been furnished through competitive
acquisition under such section, the Secretary shall reduce the payment
amount by such percentage as the Secretary determines necessary to
result in such a reduction.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished under part B of title XVIII of
the Social Security Act on or after January 1, 1996.
SEC. 4. INTERIM REDUCTION IN EXCESSIVE PAYMENTS FOR OXYGEN.
Section 1834(a)(1)(D) is amended by adding the following sentence
at the end: ``With respect to oxygen and oxygen equipment furnished
between October 1, 1995 and January 1, 1996, the Secretary shall reduce
the payment amount applied under subparagraph (B)(ii) for such items by
20 percent.''.
SEC. 5. REDUCING EXCESSIVE BILLINGS FOR CERTAIN ITEMS.
Section 1834(a)(15)(A) is amended by striking ``scooters.'' and
adding ``scooters, orthotic body jackets, and incontinence supplies.''
SEC. 6. IMPROVED CARRIER AUTHORITY TO REDUCE EXCESSIVE MEDICARE
PAYMENTS.
(a) General Rule.--Section 1834(a)(10)(B) is amended by striking
``paragraphs (8) and (9)'' and all that follows through the end of the
sentence and inserting ``section 1842(b)(8) to covered items and
suppliers of such items and payments under this subsection as such
provisions (relating only to determinations of grossly excessive
payment amounts) apply to items and services and entities and a
reasonable charge under section 1842(b)''.
(b) Repeal of Obsolete Provisions.--
(1) Section 1842(b)(8) is amended--
(A) by striking subparagraphs (B) and (C),
(B) by striking the subparagraph designation
``(A)'', and
(C) by redesignating clauses (i) and (ii) as (A)
and (B), respectively.
(2) Section 1842(b)(9) is repealed. | Medicare Waste and Abuse Reduction Act of 1995 - ProhibitsMedicare reimbursement of charges for tickets to sporting or other entertainment events, gifts or donations, and other specified items.
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish competitive acquisition areas within metropolitan statistical areas, based on the availability and accessibility of suppliers and the probable savings to be realized. Requires: (1) competitive bidding for durable medical equipment and supplies; and (2) reductions in excessive payments for oxygen and certain other items, in specified circumstances, in order to reduce waste and abuse in the program. | {"src": "billsum_train", "title": "Medicare Waste and Abuse Reduction Act of 1995"} | 1,687 | 138 | 0.550032 | 1.612386 | 0.644102 | 3.08871 | 11.935484 | 0.895161 |
OF COMPLAINT.
If, after a formal complaint is filed under section 8, or under the
regulations described in section 10(c)(3), the employee and the head of
the employing office resolve the issues involved, the employee may
withdraw the complaint or the parties may enter into a written
agreement, subject to the approval of the Director.
SEC. 12. PROHIBITION OF INTIMIDATION.
(a) House of Representatives.--Any intimidation of, or reprisal
against, an employee of the House of Representatives by any Member,
officer, or employee of the House of Representatives, or by the
Architect of the Capitol, or anyone employed by the Architect of the
Capitol, as the case may be, because of the exercise of a right under
this Act constitutes an unlawful employment practice, which may be
remedied in the same manner under this Act as is a violation.
(b) Senate.--Any intimidation of, or reprisal against, an employee
of the Senate by any Member, officer, or employee of the Senate, or by
the Architect of the Capitol, or anyone employed by the Architect of
the Capitol, as the case may be, because of the exercise of a right
under this Act constitutes an unlawful employment practice, which may
be remedied in the same manner under this Act as is a violation.
SEC. 13. CONFIDENTIALITY.
(a) Counseling.--All counseling shall be strictly confidential
except that the Office and the employee may agree to notify the head of
the employing office of the allegations.
(b) Mediation.--All mediation shall be strictly confidential.
(c) Hearings.--Except as provided in subsection (d), the hearings,
deliberations, and decisions of the hearing board shall be
confidential.
(d) Release of Records for Judicial Review.--The records and
decisions of hearing boards, and the decisions of the Office, may be
made public if required for the purpose of judicial review under
section 9 or section 10(d).
SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) In General.--It shall not be a violation to consider the--
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office,
of an employee with respect to employment decisions.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) a congressional employee on the staff of the leadership
of the House of Representatives or the leadership of the
Senate;
(2) a congressional employee on the staff of a committee or
subcommittee of--
(A) the House of Representatives; or
(B) the Senate;
(3) a congressional employee on the staff of a Member of
the House of Representatives or on the staff of a Senator;
(4) an officer of the House of Representatives or Senate,
or a congressional employee, who is elected by the House of
Representatives or Senate or is appointed by a Member of the
House of Representatives or by a Senator, other than an
employee described in paragraph (1), (2), or (3); or
(5) an applicant for a position that is to be occupied by
an individual described in paragraphs (1) through (4).
SEC. 15. OTHER REVIEW.
No Congressional employee may commence a judicial proceeding to
redress practices prohibited under section 4, except as provided in
this Act.
SEC. 16. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Civil Rights Act of 1991.--
(1) Presidential and state employees.--Sections 301 and 302
of the Government Employee Rights Act of 1991 (2 U.S.C. 1201
and 1202) are amended to read as follows:
``SEC. 301. GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991.
``(a) Short Title.--This title may be cited as the `Government
Employee Rights Act of 1991'.
``(b) Purpose.--The purpose of this title is to provide procedures
to protect the right of certain government employees, with respect to
their public employment, to be free of discrimination on the basis of
race, color, religion, sex, national origin, age, or disability.
``(c) Definition.--For purposes of this title, the term `violation'
means a practice that violates section 302 of this title.
``SEC. 302. DISCRIMINATORY PRACTICES PROHIBITED.
``All personnel actions affecting the appointees described in
section 303(a)(1) or the individuals described in section 304(a) shall
be made free from any discrimination based on--
``(1) race, color, religion, sex, or national origin,
within the meaning of section 717 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-16);
``(2) age, within the meaning of section 15 of the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 633a); or
``(3) handicap or disability, within the meaning of section
501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and
sections 102-104 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12112-14).''.
(2) Repeals.--Section 117, sections 303 through 319, and
sections 322, 324, and 325 of the Civil Rights Act of 1991 (2
U.S.C. 60l, and 1203 et seq.) are repealed.
(3) Redesignation.--Sections 320 and 321 of the Civil
Rights Act of 1991 (2 U.S.C. 1219 and 1220) are redesignated as
sections 303 and 304, respectively.
(b) Rule of the House of Representatives.--Rule LI of the House of
Representatives is repealed.
(c) Fair Labor Standards Amendments of 1989.--Section 8 of the Fair
Labor Standards Amendments of 1989 (29 U.S.C. 60k) is repealed.
(d) Family and Medical Leave Act of 1993.--Title V of the Family
and Medical Leave Act of 1993 (2 U.S.C. 60m et seq.) is repealed.
SEC. 17. DEFINITIONS.
As used in this Act:
(1) Congressional employee.--The term ``congressional
employee'' means--
(A) an employee of the House of Representatives;
(B) an employee of the Senate; and
(C) an employee of an instrumentality.
(2) Employee of an instrumentality.--The term ``employee of
an instrumentality'' means--
(A) an employee of the Architect of the Capitol
(except an employee described in paragraph (3) or
(4)(B)), the Congressional Budget Office, the General
Accounting Office, the Government Printing Office, the
Library of Congress, the Office of Technology
Assessment, or the United States Botanic Garden;
(B) any applicant for a position that will last 90
days or more and that is to be occupied by an
individual described in subparagraph (A); or
(C) any individual who was formerly an employee
described in subparagraph (A) and whose claim of a
violation arises out of the employment of the
individual by an instrumentality described in
subparagraph (A).
(3) Employee of the house of representatives.--The term
``employee of the House of Representatives'' means an
individual who was eligible to file a formal complaint with the
Office of Fair Employment Practice of the House of
Representatives under clause 6 of rule LI of the House of
Representatives, as in effect on the day before the date of
enactment of this Act.
(4) Employee of the senate.--The term ``employee of the
Senate'' means--
(A) any employee whose pay is disbursed by the
Secretary of the Senate;
(B) any employee of the Architect of the Capitol
who is assigned to the Senate Restaurants or to the
Superintendent of the Senate Office Buildings;
(C) any applicant for a position that will last 90
days or more and that is to be occupied by an
individual described in subparagraph (A) or (B); or
(D) any individual who was formerly an employee
described in subparagraph (A) or (B) and whose claim of
a violation arises out of the individual's Senate
employment.
(5) Employing office.--The term ``employing office'' means
the office headed by a head of an employing office.
(6) Head of an employing office.--The term ``head of an
employing office'' means the individual who has final authority
to appoint, hire, discharge, and set the terms, conditions or
privileges of the Senate employment of an employee.
(7) Violation.--The term ``violation'' means a violation of
a regulation that takes effect under section 4(c).
S 1439 IS----2
S 1439 IS----3 | Congressional Accountability Act - Makes any provision of Federal law applicable to each employing office and each congressional employee to the extent that it relates to: (1) the terms and conditions of employment (including hiring, promotion or demotion, salary and wages, overtime compensation, benefits, work assignments or reassignments, termination, and family and medical leave) of employees; (2) protection from discrimination in personnel actions, including discrimination based on race, color, religion, sex (including marital and parental status), or national origin within the meaning of the Civil Rights Act of 1964, age within the meaning of the Age Discrimination in Employment Act of 1967, or handicap or disability within the meaning of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990; or (3) the health and safety of employees.
Makes applicable to each office of the legislative branch of the Federal Government and the information in the possession of such office, with specified exceptions, any provision of Federal law, including the Freedom of Information Act and the Privacy Act of 1974, to the extent it relates to the availability of information to the public.
Establishes an Office of Compliance, in the legislative branch for the Congress, to study and report to the Congress on the application of such laws.
Sets forth provisions relating to congressional procedures for approval of the Office's regulations.
Requires the Board of Directors of the Office to carry out an information program to inform Members of Congress, congressional employees, and heads of employing offices of the provisions, including remedies, of the laws applicable to the Congress under this Act.
Requires the procedure for consideration of alleged violations of such laws to consist of the following steps: (1) counseling; (2) mediation; (3) formal complaint and hearing by a hearing board; and (4) judicial review of a hearing board's decision.
Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of a law made applicable to the Congress.
Requires the records and decisions of hearing boards and the decisions of the Office to be made public if required for judicial review.
Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. | {"src": "billsum_train", "title": "Congressional Accountability Act"} | 2,035 | 501 | 0.576078 | 1.942286 | 0.625525 | 2.328294 | 3.790497 | 0.781857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 1999''.
SEC. 2. DEFINITIONS.
In this Act:
(1) State.--The term ``State'' means the Texas Water
Development Board and any other authorized entity of the State
of Texas.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(4) Counties.--The term ``counties'' means the following
counties in the State of Texas: Cameron, Hidalgo, Starr,
Willacy, Jim Hogg, Zapata, Webb, Maverick, Val Verde, Kinney,
Terrell, Brewster, Presidio, Jeff Davis, Hudspeth, and El Paso.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Drought conditions over the last decade have made
citizens of the Lower Rio Grande Valley region of Texas aware
of the significant impacts a dwindling water supply can have on
a region.
(2) As a result of the impacts, that region has devised an
integrated water resource plan to meet the critical water needs
of the Lower Rio Grande Valley through the end of the year
2050.
(3) Implementation of an integrated water resource plan to
meet the critical water needs of the Lower Rio Grande Valley is
in the national interest.
(4) The Congress should authorize and provide Federal,
technical, and financial assistance to construct improved
irrigation canal delivery systems, implement an aggressive
water conservation program, and improve water management to
help meet the critical water needs of the Lower Rio Grande
Valley through the end of the year 2050.
SEC. 4. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT PROGRAM.
(a) In General.--The Secretary, in cooperation with the Secretary
of Agriculture, shall undertake a program to improve the supply of
water for the counties through the following activities:
(1) In cooperation with the State, water users in the
counties, and other non-Federal entities, conduct feasibility
studies, engineering work, and infrastructure construction and
improvements for the purpose of transporting raw water,
including the following:
(A) Irrigation canals.
(B) Pipelines.
(C) Flow control structures.
(D) Meters.
(E) All associated appurtenances.
(2) In cooperation with the Secretary of Agriculture, the
State, water users in the counties, and other non-Federal
entities, enhance water conservation in the counties through
the installation of on-farm water application metering.
(3) In cooperation with the Secretary of Agriculture, the
State, and other non-Federal entities, enhance water
conservation including on-farm installation of gated and poly-
pipe.
(4) In cooperation with the Secretary of Agriculture, the
State, water users in the counties, and other non-Federal
entities including institutions of higher education--
(A) develop educational programs and implement on-
farm training in the use and application of state-of-
the-art water application and conservation techniques;
and
(B) provide educational information regarding use
and application of such techniques to the Commissioners
of the International Boundary and Water Commission.
(b) Project Eligibility Requirements.--A project shall not be
eligible to be implemented under this section unless--
(1) the project plan shows an estimate of the amount of
water that will be conserved as a result of the project; and
(2) the design for the project includes a cost-of-project-
to-water-developed ratio statement.
(c) Determination of Project Eligibility.--The responsibility for
determining project eligibility under subsection (b) shall be carried
out by the State in consultation with the Commissioner.
SEC. 5. COST SHARING.
The non-Federal share of the costs of any activity carried out
under, or with assistance provided under, this Act shall be 40 percent
of such costs. Not more than 30 percent of the costs of such an
activity may be paid by the State. Provision of the remainder of the
non-Federal share may include in-kind contributions of goods and
services.
SEC. 6. STUDIES.
(a) Alternative Water Supply Options.--
(1) Study and recommendations.--The Secretary, in
cooperation with the Secretary of Agriculture, counties, and
other non-Federal entities, shall--
(A) assess alternative water supply options for the
Counties of Maverick, Kinney, Edwards, Val Verde,
Terrell, Brewster, Presidio, Jeff Davis, Hudspeth, and
El Paso, Texas, for the purpose of alleviating water
supply shortages and project water demands; and
(B) submit recommendations to the Congress
regarding such alternatives.
(2) Emphasis on conservation measures.--Recommendations
under subsection (a) shall emphasize water management actions
that encourage the incorporation, by the counties referred to
in paragraph (1)(A) and irrigation districts in those counties,
of prudent and responsible water conservation measures to the
extent such measures are shown to be economically feasible.
(b) Wastewater Reuse.--The Secretary, in cooperation with the
Secretary of Agriculture, the counties referred to in paragraph (1)(A),
the State, and other non-Federal entities, shall assess the feasibility
of wastewater reuse for irrigation and groundwater recharge and other
nonpotable purposes.
(c) Cost Sharing.--
(1) In general.--The Federal share of the cost of any
activity under this section shall not exceed 50 percent.
(2) Agreement.--The Secretary may not carry out any
activity under this section except under an agreement with a
non-Federal entity that has legal authority under the laws of
the State to obligate funds or provide in-kind services for
such activity, under which the non-Federal entity is obligated
to provide the non-Federal share of the cost of the activity.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act $65,200,000. | Requires the Secretary, acting through the Commissioner and in cooperation with the Secretary of Agriculture, the counties, and other non-Federal entities, to: (1) assess alternative water supply options for the counties of Maverick, Kinney, Edwards, Val Verde, Terrell, Brewster, Presidio, Jeff Davis, Hudspeth, and El Paso for alleviating water supply shortages and project water demands; and (2) submit recommendations to Congress regarding such alternatives which shall emphasize water management actions that encourage the incorporation of prudent, responsible, and economically feasible water conservation measures. Requires the Secretary to assess the feasibility of wastewater reuse for irrigation and groundwater recharge and other nonpotable purposes. Limits the Federal share of the cost of any such activity to 50 percent. Prohibits the Secretary from carrying out any activity except under an agreement with a non- Federal entity that has legal authority under the laws of the State to obligate funds or provide in- kind services for such activity, under which the non-Federal entity is obligated to provide the non-Federal share of the cost of the activity.
Authorizes appropriations. | {"src": "billsum_train", "title": "Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 1999"} | 1,361 | 253 | 0.556185 | 1.699967 | 0.777432 | 6.569378 | 5.952153 | 0.952153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Fuels and Vehicle Choice
Act of 2009''.
SEC. 2. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES AND LIGHT
DUTY TRUCKS.
(a) In General.--Chapter 329 of title 49, United States Code, is
amended by inserting after section 32902 the following:
``Sec. 32902A. Requirement to manufacture dual fueled automobiles and
light duty trucks
``(a) In General.--For each model year listed in the following
table, each manufacturer shall ensure that the percentage of
automobiles and light duty trucks manufactured by the manufacturer for
sale in the United States that are dual fueled automobiles and light
duty trucks is not less than the percentage set forth for that model
year in the following table:
``Model Year Percentage
Model years 2011 and 2012....................... 50 percent
Model year 2013 and each subsequent model year.. 90 percent.
``(b) Exception.--Subsection (a) shall not apply to automobiles or
light duty trucks that operate only on electricity.''.
(b) Clerical Amendment.--The table of sections for chapter 329 of
title 49, United States Code, is amended by inserting after the item
relating to section 32902 the following:
``32902A. Requirement to manufacture dual fueled automobiles and light
duty trucks.''.
(c) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall prescribe
regulations to carry out the amendments made by this Act.
SEC. 3. BLENDER PUMP PROMOTION.
(a) Blender Pump Grant Program.--
(1) Definitions.--In this subsection:
(A) Blender pump.--The term ``blender pump'' means
an automotive fuel dispensing pump capable of
dispensing at least 3 different blends of gasoline and
ethanol, as selected by the pump operator, including
blends ranging from 0 percent ethanol to 85 percent
denatured ethanol, as determined by the Secretary.
(B) E-85 fuel.--The term ``E-85 fuel'' means a
blend of gasoline approximately 85 percent of the
content of which is ethanol.
(C) Ethanol fuel blend.--The term ``ethanol fuel
blend'' means a blend of gasoline and ethanol, with a
minimum of 0 percent and maximum of 85 percent of the
content of which is denatured ethanol.
(D) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(2) Grants.--The Secretary shall make grants under this
subsection to eligible facilities (as determined by the
Secretary) to pay the Federal share of--
(A) installing blender pump fuel infrastructure,
including infrastructure necessary--
(i) for the direct retail sale of ethanol
fuel blends (including E-85 fuel), including
blender pumps and storage tanks; and
(ii) to directly market ethanol fuel blends
(including E-85 fuel) to gas retailers,
including inline blending equipment, pumps,
storage tanks, and loadout equipment; and
(B) providing subgrants to direct retailers of
ethanol fuel blends (including E-85 fuel) for the
purpose of installing fuel infrastructure for the
direct retail sale of ethanol fuel blends (including E-
85 fuel), including blender pumps and storage tanks.
(3) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be 50 percent
of the total cost of the project.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary to carry out this
subsection, to remain available until expended--
(A) $50,000,000 for fiscal year 2010;
(B) $100,000,000 for fiscal year 2011;
(C) $200,000,000 for fiscal year 2012;
(D) $300,000,000 for fiscal year 2013; and
(E) $350,000,000 for fiscal year 2014.
(b) Installation of Blender Pumps by Major Fuel Distributors at
Owned Stations and Branded Stations.--Section 211(o) of the Clean Air
Act (42 U.S.C. 7545(o)) is amended by adding at the end the following:
``(13) Installation of blender pumps by major fuel
distributors at owned stations and branded stations.--
``(A) Definitions.--In this paragraph:
``(i) E-85 fuel.--The term `E-85 fuel'
means a blend of gasoline approximately 85
percent of the content of which is ethanol.
``(ii) Ethanol fuel blend.--The term
`ethanol fuel blend' means a blend of gasoline
and ethanol, with a minimum of 0 percent and
maximum of 85 percent of the content of which
is denatured ethanol.
``(iii) Major fuel distributor.--
``(I) In general.--The term `major
fuel distributor' means any person that
owns a refinery and directly markets
the output of a refinery.
``(II) Exclusion.--The term `major
fuel distributor' does not include any
person that owns less than 50 retail
fueling stations.
``(iv) Secretary.--The term `Secretary'
means the Secretary of Energy, acting in
consultation with the Administrator of the
Environmental Protection Agency and the
Secretary of Agriculture.
``(B) Regulations.--The Secretary shall promulgate
regulations to ensure that each major fuel distributor
that sells or introduces gasoline into commerce in the
United States through majority-owned stations or
branded stations installs or otherwise makes available
1 or more blender pumps that dispense E-85 fuel and
ethanol fuel blends (including any other equipment
necessary, such as tanks, to ensure that the pumps
function properly) for a period of not less than 5
years at not less than the applicable percentage of the
majority-owned stations and the branded stations of the
major fuel distributor specified in subparagraph (C).
``(C) Applicable percentage.--For the purpose of
subparagraph (B), the applicable percentage of the
majority-owned stations and the branded stations shall
be determined in accordance with the following table:
``Applicable percentage of
majority-owned stations and
branded stations
Calendar year: Percent:
2011............................................... 10
2013............................................... 20
2015............................................... 35
2017 and each calendar year thereafter............. 50.
``(D) Geographic distribution.--
``(i) In general.--Subject to clause (ii),
in promulgating regulations under subparagraph
(B), the Secretary shall ensure that each major
fuel distributor described in that subparagraph
installs or otherwise makes available 1 or more
blender pumps that dispense E-85 fuel and
ethanol fuel blends at not less than a minimum
percentage (specified in the regulations) of
the majority-owned stations and the branded
stations of the major fuel distributors in each
State.
``(ii) Requirement.--In specifying the
minimum percentage under clause (i), the
Secretary shall ensure that each major fuel
distributor installs or otherwise makes
available 1 or more blender pumps described in
that clause in each State in which the major
fuel distributor operates.
``(E) Financial responsibility.--In promulgating
regulations under subparagraph (B), the Secretary shall
ensure that each major fuel distributor described in
that subparagraph assumes full financial responsibility
for the costs of installing or otherwise making
available the blender pumps described in that
subparagraph and any other equipment necessary
(including tanks) to ensure that the pumps function
properly.
``(F) Production credits for exceeding blender
pumps installation requirement.--
``(i) Earning and period for applying
credits.--If the percentage of the majority-
owned stations and the branded stations of a
major fuel distributor at which the major fuel
distributor installs blender pumps in a
particular calendar year exceeds the percentage
required under subparagraph (C), the major fuel
distributor shall earn credits under this
paragraph, which may be applied to any of the 3
consecutive calendar years immediately after
the calendar year for which the credits are
earned.
``(ii) Trading credits.--Subject to clause
(iii), a major fuel distributor that has earned
credits under clause (i) may sell the credits
to another major fuel distributor to enable the
purchaser to meet the requirement under
subparagraph (C).
``(iii) Exception.--A major fuel
distributor may not use credits purchased under
clause (ii) to fulfill the geographic
distribution requirement in subparagraph
(D).''. | Consumer Fuels and Vehicle Choice Act of 2009 - Requires each manufacturer to ensure that at least 50% of 2011 and 2012 model year automobiles and light duty trucks manufactured for sale in the United States are dual fueled. Increases the minimum to 90% for later model years. (Excludes automobiles and light duty trucks that operate only on electricity.)
Requires the Secretary of Energy to make grants to major fuel distributors to pay the federal share of costs to install blender pump fuel infrastructure at majority-owned stations and branded stations: (1) for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks; and (2) to directly market such fuels to gas retailers, including in-line blending equipment, pumps, storage tanks, and loadout equipment.
Provides for infrastructure installation subgrants to direct retailers of ethanol fuel blends (including E-85 fuel) as well as blender pumps and storage tanks.
Amends the Clean Air Act to define: (1) "E-85 fuel" as a blend of gasoline at least 85% derived from ethanol; and (2) "ethanol fuel blend" as a blend of gasoline and ethanol, with a minimum of 0% and maximum of 85% derived from denatured ethanol.
Requires the Secretary to promulgate regulations to ensure that each major fuel distributor installs one or more blender pumps that dispense E-85 fuel and ethanol fuel blends at specified minimum percentages of majority-owned stations and branded stations for specified years in each state. Allows major fuel distributors to earn and sell credits if they exceed the percentage of blender pump installations at majority-owned stations and branded stations. | {"src": "billsum_train", "title": "A bill to improve choices for consumers for vehicles and fuel, and for other purposes."} | 1,926 | 367 | 0.645315 | 1.980763 | 0.670515 | 3.795597 | 5.295597 | 0.908805 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Accounting Act of 2006''.
SEC. 2. PREPARATION OF NET PRESENT VALUE CALCULATION OF MAJOR
LIABILITIES AND COMMITMENTS OF THE FEDERAL GOVERNMENT.
(a) In General.--Section 331(e) of title 31, United States Code, is
amended by adding at the end the following:
``(3) Net present value calculation and other
calculations.--
``(A) Matters covered.--The financial statement
shall include a calculation under policies in effect
during the fiscal year covered by the statement of the
net present value of the overall liabilities and
commitments of the United States Government. The
calculation shall include--
``(i) the outstanding debt held by the
public;
``(ii) calculations of the net present
value of commitments and receipts of the
Federal Old-Age and Survivors Insurance (OASI)
Trust Fund, the Federal Disability Insurance
(DI) Trust Fund, the Federal Hospital Insurance
(HI) Trust Fund, and the Federal Supplementary
Medical Insurance (SMI) Trust Fund using the
most recent available long-term, intermediate
projections by the Trustees of such Trust Funds
of revenues, expenditures, and discount
factors, as represented in such annual reports;
``(iii) calculations of the net present
value of commitments and receipts of the
Railroad Retirement and Black Lung (part C)
programs;
``(iv) calculations of the net present
value of commitments and receipts of the
Federal retirement and health insurance
systems, both civil and military.
``(B) Time horizon.--(i) For each calculation under
subparagraph (A), calculations shall be provided for--
``(I) a 75-year horizon; and
``(II) an indefinite time horizon.
``(ii) For the 75-year horizon under clause (i)(I),
each calculation shall take each year's projected
expenditures minus revenues, divide this difference by
the projected discount factor for that year, and add
the resulting 75 annual discounted flows to obtain the
program's net present value imbalance. The long-term
discount and growth rates used in these calculations
shall be discussed in the financial statement and shall
be consistent with those used by the Department of
Treasury and other Government agencies with regard to
other long-term financial calculations. For purposes of
the calculations in clauses (ii), (iii), and (iv) of
subparagraph (A), revenues shall include payroll taxes
as allocated by law to the respective Trust Funds
(currently the case for OASI, DI, and HI), participant
premiums and State transfer income (for SMI), general
revenue receipts from the taxation of benefits, as
currently allocated by law to the OASI, DI, and HI
Trust Funds, and funding for the Federal retirement and
health insurance systems, both civil and military. For
purposes of this calculation, revenues shall not
include interest income on Trust Fund and transfers of
general revenue to SMI, Social Security, or Medicare.
``(iii) For the indefinite time horizon under
clause (i)(II), the calculations shall follow the
procedures provided in clause (ii), but shall be based
on extended projections for a number of years
sufficiently beyond 75 years that would result in the
present value sum increasing by less than 0.05 percent
if an additional year were added to the projection.
``(C) Generational imbalance calculation.--The
financial statement shall include a program-by-program
calculation under policies in effect during the fiscal
year covered by the statement of the net present value
of benefits and projected benefits to current
participants of the programs described in clauses (ii),
(iii), and (iv) of subparagraph (A), including the
present value of projected benefits to current
participants, less the present value of projected
contributions and earmarked taxes paid by, or on behalf
of, current participants less the current trust fund
balances.
``(D) Fiscal imbalance calculation.--The financial
statement shall include a program-by-program
calculation under policies in effect during the fiscal
year covered by the statement of the net present value
of benefits and projected benefits to current and
future participants of the programs described in
clauses (ii), (iii), and (iv) of subparagraph (A),
including the present value of projected benefits to
current and future participants over the indefinite
horizon, less the present value of projected
contributions and earmarked taxes paid by, or on behalf
of, current and future participants over the indefinite
horizon, less the current trust fund balances.
``(E) Presentation of public debt.--The financial
statement shall include the total amount of outstanding
public debt (included in the statement pursuant to
subparagraph (A)(i)), plus the total amount of fiscal
imbalance calculations (included in the statement
pursuant to subparagraph (D)), set forth separately by
amount of debt per person, per fulltime worker, and per
household.
``(F) Methods used.--The financial statement shall
include the assumptions and details of the methods used
in making the calculations required under subparagraph
(A). It shall separately identify and provide a
detailed description of the methods and assumptions
used in making projections of tax revenues, premiums,
other receipts from all sources, including inter-fund
transfers and interest income on securities held in
trust funds, benefit outlays distinguished by the type
of benefit, and administrative expenses. The financial
statement shall also provide details regarding
demographic assumptions (such as fertility, mortality,
immigration, and labor-force participation rates),
dependency ratios, and economic assumptions (such as
trust fund interest rates, discount rates, revenue and
benefit growth rates, health-care expenditure growth
rates, productivity growth rates, and inflation rates).
The information should include a description of all
other intermediate steps and variables used and
projected in making the calculations.''.
(b) Effective Date.--The information required under paragraph (3)
of section 331(e) of title 31, United States Code, as added by
subsection (a), shall be included in the first financial statement
required under that section after the date of the enactment of this
Act. | Truth in Accounting Act of 2006 - Amends federal law to require the Secretary of the Treasury to include in his audited financial statement of the previous year a calculation of the net present value of the overall liabilities and commitments of the U.S. government. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to require certain additional calculations to be included in the annual financial statement submitted under section 331(e) of that title."} | 1,364 | 57 | 0.455116 | 1.091786 | 0.187883 | 2.76087 | 28.195652 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Employment for All Act of
2013''.
SEC. 2. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES.
(a) Prohibition for Employment and Adverse Action.--Section 604 of
the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended--
(1) in subsection (a)(3)(B), by inserting ``within the
restrictions set forth in subsection (b)'' after ``purposes'';
(2) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively; and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Use of Certain Consumer Report Prohibited for Employment
Purposes or Adverse Action.--
``(1) General prohibition.--Except as provided in paragraph
(3), a person, including a prospective employer or current
employer, may not use a consumer report or investigative
consumer report, or cause a consumer report or investigative
consumer report to be procured, with respect to any consumer
where any information contained in the report bears on the
consumer's creditworthiness, credit standing, or credit
capacity--
``(A) for employment purposes; or
``(B) for making an adverse action, as described in
section 603(k)(1)(B)(ii).
``(2) Source of consumer report irrelevant.--The
prohibition described in paragraph (1) shall apply even if the
consumer consents or otherwise authorizes the procurement or
use of a consumer report for employment purposes or in
connection with an adverse action with respect to such
consumer.
``(3) Exceptions.--Notwithstanding the prohibitions set
forth in this subsection, and consistent with the other
sections of this Act, an employer may use a consumer report
with respect to a consumer in the following situations:
``(A) When the consumer applies for, or currently
holds, employment that requires national security
clearance.
``(B) When otherwise required by law.
``(4) Effect on disclosure and notification requirements.--
The exceptions described in paragraph (3) shall have no effect
upon the other requirements of this Act, including requirements
in regards to disclosure and notification to a consumer when
permissibly using a consumer report for employment purposes or
for making an adverse action against such consumer.''.
(b) Conforming Amendments and Cross References.--The Fair Credit
Reporting Act is further amended as follows:
(1) In section 603 (15 U.S.C. 1681a)--
(A) in subsection (d)(3), by striking ``604(g)(3)''
and inserting ``604(h)(3)''; and
(B) in subsection (o), by striking ``A'' and
inserting ``Subject to the restrictions set forth in
subsection 604(b), a''.
(2) In section 604 (15 U.S.C. 1681b)--
(A) in subsection (a), by striking ``subsection
(c)'' and inserting ``subsection (d)'';
(B) in subsection (c), as redesignated by
subsection (a)(2) of this section--
(i) in paragraph (2)(A), by inserting ``and
subject to the restrictions set forth in
subsection (b)'' after ``subparagraph (B)'';
and
(ii) in paragraph (3)(A), by inserting
``and subject to the restrictions set forth in
subsection (b)'' after ``subparagraph (B)'';
(C) in subsection (d)(1), as redesignated by
subsection (a)(2) of this section, by striking
``subsection (e)'' in both places that term appears and
inserting ``subsection (f)'';
(D) in subsection (f), as redesignated by
subsection (a)(2) of this section--
(i) in paragraph (1), by striking
``subsection (c)(1)(B)'' and inserting
``subsection (d)(1)(B)''; and
(ii) in paragraph (5), by striking
``subsection (c)(1)(B)'' and inserting
``subsection (d)(1)(B)''.
(3) In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by
striking ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''.
(4) In section 609 (15 U.S.C. 1681g)--
(A) In subsection (a)(3)(C)(i), by striking
``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)'';
and
(B) in subsection (a)(3)(C)(ii), by striking
``604(b)(4)(A)'' and inserting ``604(c)(4)(A)''.
(5) In section 613(b) (15 U.S.C. 1681k(b)) by striking
section ``604(b)(4)(A)'' and inserting ``section
604(c)(4)(A)''.
(6) In section 615 (15 U.S.C. 1681m)--
(A) in subsection (d)(1), by striking ``section
604(c)(1)(B)'' and inserting ``section 604(d)(1)(B)'';
(B) in subsection (d)(1)(E), by striking ``section
604(e)'' and inserting ``section 604(f)''; and
(C) in subsection (d)(2)(A), by striking ``section
604(e)'' and inserting ``section 604(f)''. | Equal Employment for All Act of 2013 - Amends the Fair Credit Reporting Act to prohibit a current or prospective employer from using a consumer report or an investigative consumer report, or from causing one to be procured, for either employment purposes or for making an adverse action, if the report contains information that bears upon the consumer's creditworthiness, credit standing, or credit capacity. Makes exceptions to such prohibition when: (1) the consumer applies for, or currently holds, employment that requires a national security clearance; or (2) a consumer report is otherwise required by law. | {"src": "billsum_train", "title": "Equal Employment for All Act of 2013"} | 1,355 | 127 | 0.689155 | 2.031477 | 0.593079 | 3.625 | 9.598214 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop AIDS in Prison Act of 2007''.
SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.
(a) In General.--The Bureau of Prisons (hereinafter in this Act
referred to as the ``Bureau'') shall develop a comprehensive policy to
provide HIV testing, treatment, and prevention for inmates within the
correctional setting and upon reentry.
(b) Purpose.--The purposes of this policy shall be as follows:
(1) To stop the spread of HIV/AIDS among inmates.
(2) To protect prison guards and other personnel from HIV/
AIDS infection.
(3) To provide comprehensive medical treatment to inmates
who are living with HIV/AIDS.
(4) To promote HIV/AIDS awareness and prevention among
inmates.
(5) To encourage inmates to take personal responsibility
for their health.
(6) To reduce the risk that inmates will transmit HIV/AIDS
to other persons in the community following their release from
prison.
(c) Consultation.--The Bureau shall consult with appropriate
officials of the Department of Health and Human Services, the Office of
National Drug Control Policy, and the Centers for Disease Control
regarding the development of this policy.
(d) Time Limit.--The Bureau shall draft appropriate regulations to
implement this policy not later than 1 year after the date of the
enactment of this Act.
SEC. 3. REQUIREMENTS FOR POLICY.
The policy created under section 2 shall do the following:
(1) Testing and counseling upon intake.--
(A) Medical personnel shall provide routine HIV
testing to all inmates as a part of a comprehensive
medical examination immediately following admission to
a facility. (Medical personnel need not provide routine
HIV testing to an inmate who is transferred to a
facility from another facility if the inmate's medical
records are transferred with the inmate and indicate
that the inmate has been tested previously.).
(B) To all inmates admitted to a facility prior to
the effective date of this policy, medical personnel
shall provide routine HIV testing within no more than 6
months. HIV testing for these inmates may be performed
in conjunction with other health services provided to
these inmates by medical personnel.
(C) All HIV tests under this paragraph shall comply
with paragraph (9).
(2) Pre-test and post-test counseling.--Medical personnel
shall provide confidential pre-test and post-test counseling to
all inmates who are tested for HIV. Counseling may be included
with other general health counseling provided to inmates by
medical personnel.
(3) HIV/AIDS prevention education.--
(A) Medical personnel shall improve HIV/AIDS
awareness through frequent educational programs for all
inmates. HIV/AIDS educational programs may be provided
by community based organizations, local health
departments, and inmate peer educators. These HIV/AIDS
educational programs shall include information on modes
of transmission, including transmission through
tattooing, sexual contact, and intravenous drug use;
prevention methods; treatment; and disease progression.
HIV/AIDS educational programs shall be culturally
sensitive, conducted in a variety of languages, and
present scientifically accurate information in a clear
and understandable manner.
(B) HIV/AIDS educational materials shall be made
available to all inmates at orientation, at health care
clinics, at regular educational programs, and prior to
release. Both written and audio-visual materials shall
be made available to all inmates. These materials shall
be culturally sensitive, written for low literacy
levels, and available in a variety of languages.
(4) HIV testing upon request.--
(A) Medical personnel shall allow inmates to obtain
HIV tests upon request once per year or whenever an
inmate has a reason to believe the inmate may have been
exposed to HIV. Medical personnel shall, both orally
and in writing, inform inmates, during orientation and
periodically throughout incarceration, of their right
to obtain HIV tests.
(B) Medical personnel shall encourage inmates to
request HIV tests if the inmate is sexually active, has
been raped, uses intravenous drugs, receives a tattoo,
or if the inmate is concerned that the inmate may have
been exposed to HIV/AIDS.
(C) An inmate's request for an HIV test shall not
be considered an indication that the inmate has put
him/herself at risk of infection and/or committed a
violation of prison rules.
(5) HIV testing of pregnant woman.--
(A) Medical personnel shall provide routine HIV
testing to all inmates who become pregnant.
(B) All HIV tests under this paragraph shall comply
with paragraph (9).
(6) Comprehensive treatment.--
(A) Medical personnel shall provide all inmates who
test positive for HIV--
(i) timely, comprehensive medical
treatment;
(ii) confidential counseling on managing
their medical condition and preventing its
transmission to other persons; and
(iii) voluntary partner notification
services.
(B) Medical care provided under this paragraph
shall be consistent with current Department of Health
and Human Services guidelines and standard medical
practice. Medical personnel shall discuss treatment
options, the importance of adherence to antiretroviral
therapy, and the side effects of medications with
inmates receiving treatment.
(C) Medical and pharmacy personnel shall ensure
that the facility formulary contains all Food and Drug
Administration-approved medications necessary to
provide comprehensive treatment for inmates living with
HIV/AIDS, and that the facility maintains adequate
supplies of such medications to meet inmates' medical
needs. Medical and pharmacy personnel shall also
develop and implement automatic renewal systems for
these medications to prevent interruptions in care.
(D) Correctional staff and medical and pharmacy
personnel shall develop and implement distribution
procedures to ensure timely and confidential access to
medications.
(7) Protection of confidentiality.--
(A) Medical personnel shall develop and implement
procedures to ensure the confidentiality of inmate
tests, diagnoses, and treatment. Medical personnel and
correctional staff shall receive regular training on
the implementation of these procedures. Penalties for
violations of inmate confidentiality by medical
personnel or correctional staff shall be specified and
strictly enforced.
(B) HIV testing, counseling, and treatment shall be
provided in a confidential setting where other routine
health services are provided and in a manner that
allows the inmate to request and obtain these services
as routine medical services.
(8) Testing, counseling, and referral prior to reentry.--
(A) Medical personnel shall provide routine HIV
testing to all inmates no more than 3 months prior to
their release and reentry into the community. (Inmates
who are already known to be infected need not be tested
again.). This requirement may be waived if an inmate's
release occurs without sufficient notice to the Bureau
to allow medical personnel to perform a routine HIV
test and notify the inmate of the results.
(B) All HIV tests under this paragraph shall comply
with paragraph (9).
(C) To all inmates who test positive for HIV and
all inmates who already are known to have HIV/AIDS,
medical personnel shall provide--
(i) confidential prerelease counseling on
managing their medical condition in the
community, accessing appropriate treatment and
services in the community, and preventing the
transmission of their condition to family
members and other persons in the community;
(ii) referrals to appropriate health care
providers and social service agencies in the
community that meet the inmate's individual
needs, including voluntary partner notification
services and prevention counseling services for
people living with HIV/AIDS; and
(iii) a 30-day supply of any medically
necessary medications the inmate is currently
receiving.
(9) Opt-out provision.--Inmates shall have the right to
refuse routine HIV testing. Inmates shall be informed both
orally and in writing of this right. Oral and written
disclosure of this right may be included with other general
health information and counseling provided to inmates by
medical personnel. If an inmate refuses a routine test for HIV,
medical personnel shall make a note of the inmate's refusal in
the inmate's confidential medical records. However, the
inmate's refusal shall not be considered a violation of prison
rules or result in disciplinary action.
(10) Exposure incident testing.--The Bureau may perform HIV
testing of an inmate under section 4014 of title 18, United
States Code. HIV testing of an inmate who is involved in an
exposure incident is not ``routine HIV testing'' for the
purposes of paragraph (9) and does not require the inmate's
consent. Medical personnel shall document the reason for
exposure incident testing in the inmate's confidential medical
records.
(11) Timely notification of test results.--Medical
personnel shall provide timely notification to inmates of the
results of HIV tests.
SEC. 4. CHANGES IN EXISTING LAW.
(a) Screening in General.--Section 4014(a) of title 18, United
States Code, is amended--
(1) by striking ``for a period of 6 months or more'';
(2) by striking ``, as appropriate,''; and
(3) by striking ``if such individual is determined to be at
risk for infection with such virus in accordance with the
guidelines issued by the Bureau of Prisons relating to
infectious disease management'' and inserting ``unless the
individual declines. The Attorney General shall also cause such
individual to be so tested before release unless the individual
declines''.
(b) Inadmissibility of HIV Test Results in Civil and Criminal
Proceedings.--Section 4014(d) of title 18, United States Code, is
amended by inserting ``or under the Stop AIDS in Prison Act of 2007''
after ``under this section''.
(c) Screening as Part of Routine Screening.--Section 4014(e) of
title 18, United States Code, is amended by adding at the end the
following: ``Such rules shall also provide that the initial test under
this section be performed as part of the routine health screening
conducted at intake.''.
SEC. 5. REPORTING REQUIREMENTS.
(a) Report on Hepatitis and Other Diseases.--Not later than 1 year
after the date of the enactment of this Act, the Bureau shall provide a
report to the Congress on Bureau policies and procedures to provide
testing, treatment, and prevention education programs for Hepatitis and
other diseases transmitted through sexual activity and intravenous drug
use. The Bureau shall consult with appropriate officials of the
Department of Health and Human Services, the Office of National Drug
Control Policy, and the Centers for Disease Control regarding the
development of this report.
(b) Annual Reports.--
(1) Generally.--Not later than 2 years after the date of
the enactment of this Act, and then annually thereafter, the
Bureau shall report to Congress on the incidence among inmates
of diseases transmitted through sexual activity and intravenous
drug use.
(2) Matters pertaining to various diseases.--Reports under
paragraph (1) shall discuss--
(A) the incidence among inmates of HIV/AIDS,
Hepatitis, and other diseases transmitted through
sexual activity and intravenous drug use; and
(B) updates on Bureau testing, treatment, and
prevention education programs for these diseases.
(3) Matters pertaining to hiv/aids only.--Reports under
paragraph (1) shall also include--
(A) the number of inmates who tested positive for
HIV upon intake;
(B) the number of inmates who tested positive prior
to reentry;
(C) the number of inmates who were not tested prior
to reentry because they were released without
sufficient notice;
(D) the number of inmates who opted-out of taking
the test;
(E) the number of inmates who were tested following
exposure incidents; and
(F) the number of inmates under treatment for HIV/
AIDS.
(4) Consultation.--The Bureau shall consult with
appropriate officials of the Department of Health and Human
Services, the Office of National Drug Control Policy, and the
Centers for Disease Control regarding the development of
reports under paragraph (1).
SEC. 6. APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Passed the House of Representatives September 25, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Stop AIDS in Prison Act of 2007 - Directs the Bureau of Prisons to develop, and draft regulations to implement, a comprehensive policy to provide HIV testing, treatment, and prevention for inmates in federal prisons and upon reentry into the community.
Requires such policy to provide for: (1) testing of inmates upon intake and counseling; (2) pre-test and post-test counseling; (3) improvement of HIV/AIDS awareness and inmate education; (4) HIV testing of inmates annually or upon exposure to HIV; (5) HIV testing of pregnant inmates; (6) comprehensive medical treatment of inmates who test positive and confidential counseling on managing their medical condition and preventing HIV transmission to other persons; (7) protection of inmate confidentiality; (8) testing, counseling, and referral of inmates to health care and social service agencies prior to reentry into the community; (9) the right of inmates to refuse routine testing; (10) mandatory testing after a documented exposure to HIV; and (11) timely notification to inmates of test results.
Amends the federal criminal code to: (1) require HIV testing for all inmates upon intake regardless of length of sentence or risk factors; (2) allow inmates to decline testing prior to release from incarceration; (3) make HIV test results inadmissible in civil and criminal proceedings; and (4) make HIV testing part of the routine health screening conducted at inmate intake.
Directs the Bureau of Prisons to report to Congress: (1) within one year on Bureau policies and procedures to provide testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use; and (2) annually on the incidence among inmates of diseases transmitted through sexual activity and intravenous drug use, including specific information on HIV/AIDS.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for an effective HIV/AIDS program in Federal prisons."} | 2,636 | 388 | 0.677632 | 2.046387 | 0.841603 | 3.883657 | 6.98615 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recreational Fishing and Hunting
Heritage and Opportunities Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal public land.--
(A) In general.--Except as provided in subparagraph
(B), the term ``Federal public land'' means any land or
water that is--
(i) owned by the United States; and
(ii) managed by a Federal agency (including
the Department of the Interior and the Forest
Service) for purposes that include the
conservation of natural resources.
(B) Exclusions.--The term ``Federal public land''
does not include--
(i) land or water held or managed in trust
for the benefit of Indians or other Native
Americans;
(ii) land or water managed by the Director
of the National Park Service or the Director of
the United States Fish and Wildlife Service;
(iii) fish hatcheries; or
(iv) conservation easements on private
land.
(2) Hunting.--
(A) In general.--Except as provided in subparagraph
(B), the term ``hunting'' means use of a firearm, bow,
or other authorized means in the lawful--
(i) pursuit, shooting, capture, collection,
trapping, or killing of wildlife; or
(ii) attempt to pursue, shoot, capture,
collect, trap, or kill wildlife.
(B) Exclusion.--The term ``hunting'' does not
include the use of skilled volunteers to cull excess
animals (as defined by other Federal law).
(3) Recreational fishing.--The term ``recreational
fishing'' means--
(A) an activity for sport or for pleasure that
involves--
(i) the lawful catching, taking, or
harvesting of fish; or
(ii) the lawful attempted catching, taking,
or harvesting of fish; or
(B) any other activity for sport or pleasure that
can reasonably be expected to result in the lawful
catching, taking, or harvesting of fish.
(4) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow
and arrow.
SEC. 3. RECREATIONAL FISHING, HUNTING, AND RECREATIONAL SHOOTING.
(a) In General.--Subject to valid existing rights, and in
cooperation with the respective State and fish and wildlife agency, a
Federal public land management official shall exercise the authority of
the official under existing law (including provisions regarding land
use planning) to facilitate use of and access to Federal public land
for recreational fishing, hunting, and recreational shooting except as
limited by--
(1) any law that authorizes action or withholding action
for reasons of national security, public safety, or resource
conservation;
(2) any other Federal law that precludes recreational
fishing, hunting, or recreational shooting on specific Federal
public land or water or units of Federal public land; and
(3) discretionary limitations on recreational fishing,
hunting, and recreational shooting determined to be necessary
and reasonable as supported by the best scientific evidence and
advanced through a transparent public process.
(b) Management.--Consistent with subsection (a), the head of each
Federal public land management agency shall exercise the land
management discretion of the head--
(1) in a manner that supports and facilitates recreational
fishing, hunting, and recreational shooting opportunities;
(2) to the extent authorized under applicable State law;
and
(3) in accordance with applicable Federal law.
(c) Planning.--
(1) Effects of plans and activities.--
(A) Evaluation of effects on opportunities to
engage in recreational fishing, hunting, or
recreational shooting.--Federal public land planning
documents (including land resources management plans,
resource management plans, travel management plans, and
energy development plans) shall include a specific
evaluation of the effects of the plans on opportunities
to engage in recreational fishing, hunting, or
recreational shooting.
(B) Other activity not considered.--
(i) In general.--Federal public land
management officials shall not be required to
consider the existence or availability of
recreational fishing, hunting, or recreational
shooting opportunities on private or public
land that is located adjacent to, or in the
vicinity of, Federal public land for purposes
of--
(I) planning for or determining
which units of Federal public land are
open for recreational fishing, hunting,
or recreational shooting; or
(II) setting the levels of use for
recreational fishing, hunting, or
recreational shooting on Federal public
land.
(ii) Enhanced opportunities.--Federal
public land management officials may consider
the opportunities described in clause (i) if
the combination of those opportunities would
enhance the recreational fishing, hunting, or
shooting opportunities available to the public.
(2) Use of volunteers.--If hunting is prohibited by law,
all Federal public land planning document described in
paragraph (1)(A) of an agency shall, after appropriate
coordination with State fish and wildlife agencies, allow the
participation of skilled volunteers in the culling and other
management of wildlife populations on Federal public land
unless the head of the agency demonstrates, based on the best
scientific data available or applicable Federal law, why
skilled volunteers should not be used to control overpopulation
of wildlife on the land that is the subject of the planning
document.
(d) Bureau of Land Management and Forest Service Land.--
(1) Land open.--
(A) In general.--Land under the jurisdiction of the
Bureau of Land Management or the Forest Service
(including a component of the National Wilderness
Preservation System, land designated as a wilderness
study area or administratively classified as wilderness
eligible or suitable, and primitive or semiprimitive
areas, but excluding land on the outer Continental
Shelf) shall be open to recreational fishing, hunting,
and recreational shooting unless the managing Federal
public land agency acts to close the land to such
activity.
(B) Motorized access.--Nothing in this paragraph
authorizes or requires motorized access or the use of
motorized vehicles for recreational fishing, hunting,
or recreational shooting purposes within land
designated as a wilderness study area or
administratively classified as wilderness eligible or
suitable.
(2) Closure or restriction.--Land described in paragraph
(1) may be subject to closures or restrictions if determined by
the head of the agency to be necessary and reasonable and
supported by facts and evidence for purposes including resource
conservation, public safety, energy or mineral production,
energy generation or transmission infrastructure, water supply
facilities, protection of other permittees, protection of
private property rights or interests, national security, or
compliance with other law, as determined appropriate by the
Director of the Bureau of Land Management or the Chief of the
Forest Service, as applicable.
(3) Shooting ranges.--
(A) In general.--Except as provided in subparagraph
(C), the head of each Federal public land agency may
use the authorities of the head, in a manner consistent
with this Act and other applicable law--
(i) to lease or permit use of land under
the jurisdiction of the head for shooting
ranges; and
(ii) to designate specific land under the
jurisdiction of the head for recreational
shooting activities.
(B) Limitation on liability.--Any designation under
subparagraph (A)(ii) shall not subject the United
States to any civil action or claim for monetary
damages for injury or loss of property or personal
injury or death caused by any recreational shooting
activity occurring at or on the designated land.
(C) Exception.--The head of each Federal public
land agency shall not lease or permit use of Federal
public land for shooting ranges or designate land for
recreational shooting activities within including a
component of the National Wilderness Preservation
System, land designated as a wilderness study area or
administratively classified as wilderness eligible or
suitable, and primitive or semiprimitive areas.
(e) Report.--Not later than October 1 of every other year,
beginning with the second October 1 after the date of enactment of this
Act, the head of each Federal public land agency who has authority to
manage Federal public land on which recreational fishing, hunting, or
recreational shooting occurs shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes--
(1) any Federal public land administered by the agency head
that was closed to recreational fishing, hunting, or
recreational shooting at any time during the preceding year;
and
(2) the reason for the closure.
(f) Closures or Significant Restrictions of 1,280 or More Acres.--
(1) In general.--Other than closures established or
prescribed by land planning actions referred to in subsection
(d)(2) or emergency closures described in paragraph (3), a
permanent or temporary withdrawal, change of classification, or
change of management status of Federal public land or water
that effectively closes or significantly restricts 1,280 or
more contiguous acres of Federal public land or water to access
or use for recreational fishing or hunting or activities
relating to fishing or hunting shall take effect only if,
before the date of withdrawal or change, the head of the
Federal public land agency that has jurisdiction over the
Federal public land or water--
(A) publishes appropriate notice of the withdrawal
or change, respectively;
(B) demonstrates that coordination has occurred
with a State fish and wildlife agency; and
(C) submits to the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate written
notice of the withdrawal or change, respectively.
(2) Aggregate or cumulative effects.--If the aggregate or
cumulative effect of separate withdrawals or changes
effectively closes or significant restrictions affects 1,280 or
more acres of land or water, the withdrawals and changes shall
be treated as a single withdrawal or change for purposes of
paragraph (1).
(3) Emergency closures.--
(A) In general.--Nothing in this Act prohibits a
Federal public land management agency from establishing
or implementing emergency closures or restrictions of
the smallest practicable area of Federal public land to
provide for public safety, resource conservation,
national security, or other purposes authorized by law.
(B) Termination.--An emergency closure under
subparagraph (A) shall terminate after a reasonable
period of time unless the temporary closure is
converted to a permanent closure consistent with this
Act.
(g) No Priority.--Nothing in this Act requires a Federal agency to
give preference to recreational fishing, hunting, or recreational
shooting over other uses of Federal public land or over land or water
management priorities established by other Federal law.
(h) Consultation With Councils.--In carrying out this Act, the
heads of Federal public land agencies shall consult with the
appropriate advisory councils established under Executive Order 12962
(16 U.S.C. 1801 note; relating to recreational fisheries) and Executive
Order 13443 (16 U.S.C. 661 note; relating to facilitation of hunting
heritage and wildlife conservation).
(i) Authority of States.--
(1) In general.--Nothing in this Act interferes with,
diminishes, or conflicts with the authority, jurisdiction, or
responsibility of any State to manage, control, or regulate
fish and wildlife under State law (including regulations) on
land or water within the State, including on Federal public
land.
(2) Federal licenses.--
(A) In general.--Except as provided in subparagraph
(B), nothing in this section authorizes the head of a
Federal public land agency head to require a license,
fee, or permit to fish, hunt, or trap on land or water
in a State, including on Federal public land in the
State.
(B) Migratory bird stamps.--This paragraph shall
not affect any migratory bird stamp requirement of the
Migratory Bird Hunting and Conservation Stamp Act (16
U.S.C. 718a et seq.). | Recreational Fishing and Hunting Heritage and Opportunities Act - Requires a federal public land management official, in cooperation with the respective state and fish and wildlife agency, to exercise the authority of the official under law, including regarding land use planning, to facilitate the use of, and access to, federal public land for hunting, recreational fishing, and recreational shooting, except as described in this Act. Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates hunting, recreational fishing, and recreational shooting opportunities, to the extent authorized under applicable law. Requires that Bureau of Land Management (BLM) and Forest Service land, excluding land on the Outer Continental Shelf, be open to hunting, recreational fishing, or recreational shooting unless the managing agency acts to close lands to such activity. Permits closures or restrictions on such land for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, national security, or compliance with other law. Allows agencies to: (1) lease or permit use of federal public land for recreational shooting ranges, and (2) designate specific land for recreational shooting activities. Excepts from such use or designation land including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. Requires annual reports on closures of federal public lands to hunting, recreational fishing, or recreational shooting. Sets forth requirements for specified closures or significant restrictions involving 1280 or more contiguous acres of federal public land or water to hunting or recreational fishing or related activities. Instructs federal public land agencies to consult with the advisory councils specified in Executive Orders 12962 (relating to recreational fisheries) and 13443 (relating to the facilitation of hunting heritage and wildlife conservation) in carrying out this Act. | {"src": "billsum_train", "title": "Recreational Fishing and Hunting Heritage and Opportunities Act"} | 2,599 | 415 | 0.567782 | 1.657545 | 0.794158 | 3.917808 | 6.706849 | 0.931507 |
SECTION 1. INTEREST PAYMENTS DEDUCTIBLE WHERE DISQUALIFIED GUARANTEE
HAS NO ECONOMIC EFFECT.
(a) In General.--Section 163(j)(6)(D)(ii) of the Internal Revenue
Code of 1986 (relating to exceptions to disqualified guarantee) is
amended--
(1) by striking ``or'' at the end of subclause (I),
(2) by striking the period at the end of subclause (II) and
inserting ``, or'',
(3) by inserting after subclause (II) the following new
subclause:
``(III) in the case of a guarantee
by a foreign person, to the extent of
the amount that the taxpayer
establishes to the satisfaction of the
Secretary that the taxpayer could have
borrowed from an unrelated person
without the guarantee.''.
(b) Effective Date.--The amendments made by this section shall
apply to guarantees issued on and after the date of the enactment of
this Act.
SEC. 2. INTEREST PAID TO CERTAIN LENDERS NOT DISQUALIFIED INTEREST.
(a) In General.--Section 163(j)(3)(B) of the Internal Revenue Code
of 1986 (defining disqualified interest) is amended by striking ``and''
at the end of clause (i) and by inserting after clause (ii) the
following new clause:
``(iii) the interest is not paid or accrued
to a qualified lender, and''.
(b) Qualified Lender.--Section 163(j)(6) of the Internal Revenue
Code of 1986 (relating to other definitions and special rules) is
amended by adding at the end the following new subparagraphs:
``(F) Qualified lender.--A holder of debt shall be
a qualified lender with respect to such debt if such
person is--
``(i) a United States person subject to the
income tax imposed by this chapter (determined
without regard to section 511) and--
``(I) such person is a financial
institution, or
``(II) such debt is publicly issued
debt, or
``(ii) a foreign person which is subject to
either net basis or gross basis taxation and--
``(I) such person is a financial
institution required to include the
interest on such debt in taxable income
under section 882, or
``(II) such debt is publicly issued
debt.
``(G) Financial institution.--The term `financial
institution' means a person which is--
``(i) predominantly engaged in the active
conduct of a banking, financing, or similar
business within the meaning of section 954(h),
``(ii) a corporation described in section
581 or 591 (relating to banks and other savings
institutions), or
``(iii) an insurance company subject to tax
under subchapter L or which would be subject to
tax under subchapter L if it were a domestic
corporation.
``(H) Publicly issued debt.--The term `publicly
issued debt' means--
``(i) commercial paper described in section
3(a)(3) or 4(2) of the Securities Act of 1933,
``(ii) a debt instrument which is--
``(I) part of an issue of debt
instruments meeting the requirements of
section 871(h) or 881(c) (relating to
the exemptions from withholding tax for
certain portfolio debt investments)
without regard to section
871(h)(2)(B)(ii) and section
881(c)(2)(B)(ii), and
``(II) readily tradable on an
established securities market, or
``(iii) a debt instrument which is part of
an issue of debt instruments the initial
offering of which is registered with the
Securities and Exchange Commission or would be
required to be registered under the Securities
Act of 1933 but for an exemption from
registration--
``(I) under section 3 of the
Securities Act of 1933,
``(II) under any law (other than
the Securities Act of 1933) because of
the identity of the issuer or the
nature of the security,
``(III) because the issue is
intended for distribution to persons
who are not United States persons, or
``(IV) pursuant to section 230.144A
of title 17, Code of Federal
Regulations (relating to securities
placed with qualified institutional
buyers) or any successor rule or
regulation.''.
(c) Effective Date.--The amendments made by this section shall
apply to debt issued on or after the date of the enactment of this Act. | Amends the Internal Revenue Code to eliminate the limitation for the deduction of interest for interest payments on debt guaranteed by a foreign person as long as the taxpayer establishes that it could have borrowed the same amount of debt from an unrelated lender without a guarantee.
Revises the definition of disqualified interest. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for the deduction of interest paid in certain situations where the debt is guaranteed by a related foreign person."} | 1,056 | 66 | 0.54094 | 1.267864 | 0.947521 | 1.660714 | 16.214286 | 0.803571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Housing Stability Act of
2015''.
SEC. 2. EXPANSION OF DEFINITION OF HOMELESS VETERAN FOR PURPOSES OF
BENEFITS UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
Section 2002(1) of title 38, United States Code, is amended by
striking ``in section 103(a) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302(a))'' and inserting ``in subsection (a) or (b) of
section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302)''.
SEC. 3. PROGRAM ON PROVISION OF INTENSIVE CASE MANAGEMENT INTERVENTIONS
TO HOMELESS VETERANS WHO RECEIVE THE MOST HEALTH CARE
FROM THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Program Required.--
(1) In general.--Subchapter VII of chapter 20 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2067. Intensive case management interventions
``(a) Program Required.--The Secretary shall carry out a program
under which the Secretary shall provide intensive case management
interventions to covered veterans.
``(b) Covered Veterans.--For purposes of the program, a covered
veteran is a veteran who is enrolled in--
``(1) the homeless registry of the Department; and
``(2) the system of annual patient enrollment established
and operated by the Secretary under section 1705(a) of this
title.
``(c) Location.--(1) The Secretary shall carry out the program at
not fewer than six locations selected by the Secretary for purposes of
the program as follows:
``(A) Not fewer than three locations in cities that have
the largest populations of homeless veterans in the United
States.
``(B) Not fewer than three locations in suburban or rural
settings.
``(2) In selecting locations under paragraph (1), the Secretary
shall only select locations in areas in which the Secretary determines
that there is a high degree of interaction and coordination between the
Department and community organizations that provide housing and social
services for veterans, such as outreach, employment, and financial
assistance for homeless veterans, veterans at risk of becoming
homeless, and low-income veterans.
``(d) Provision of Intensive Case Management Interventions.--(1) In
carrying out the program at each location selected under subsection
(c), the Secretary shall provide intensive case management
interventions to not fewer than 20 covered veterans at each such
location who the Secretary determines are the covered veterans at such
location who receive the most health care and related services
furnished by the Department.
``(2) The intensive case management interventions provided to
covered veterans under paragraph (1) shall include assistance with
gaining and maintaining access to such housing and services, including
benefits and services to which covered veterans may be entitled or
eligible under the laws administered by the Secretary, as may be
necessary to improve the stability of their housing and the
appropriateness of the health care that they receive.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by inserting
after the item relating to section 2066 the following new item:
``2067. Intensive case management interventions.''.
(b) Commencement.--Not later than September 1, 2016, the Secretary
of Veterans Affairs shall commence carrying out the program required by
section 2067(a) of such title, as added by subsection (a)(1).
(c) Report.--
(1) In general.--Not later than December 1, 2018, the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report on the program carried out under
section 2067 of such title, as added by subsection (a)(1).
(2) Contents.--The report submitted under paragraph (1)
shall include assessments of the following:
(A) The types and frequencies of intensive case
management interventions provided under the program.
(B) The housing status of each veteran who received
an intensive case management intervention under the
program.
(C) The employment status of each veteran who
received an intensive case management intervention
under the program, including a comparison of the
employment status of such veteran before and after
receiving such intervention.
(D) The use by veterans who received intensive case
management interventions under the program of health
care and related services furnished by the Department
of Veterans Affairs and the costs incurred by the
Department in furnishing such care and services,
including a comparison of the use by such veterans of
such care and services and the costs incurred from
furnishing such care and services before and after
receiving such interventions.
(E) The number of veterans who received intensive
case management interventions under the program,
disaggregated by whether the intensive case management
intervention was provided in a location described in
subparagraph (A) or (B) of section 2067(c)(1) of such
title, as added by subsection (a)(1).
(F) The costs incurred by the Department in
carrying out the program, disaggregated by provision of
intensive case management interventions in locations
described in subparagraphs (A) and (B) of such section.
(G) An estimate of the costs the Department would
have incurred for the provision of health care and
associated services to covered veterans (as described
in subsection (b) of section 2067 of such title, as
added by subsection (a)(1)) but for the provision of
intensive case management interventions under the
program, disaggregated by provision of intensive case
management interventions in locations described in
subparagraphs (A) and (B) of subsection (c) of such
section.
SEC. 4. PROGRAM TO IMPROVE RETENTION OF HOUSING BY FORMERLY HOMELESS
VETERANS AND VETERANS AT RISK OF BECOMING HOMELESS.
(a) Program Required.--
(1) In general.--Subchapter II of chapter 20 of title 38,
United States Code, is amended--
(A) by redesignating section 2013 as section 2014;
and
(B) by inserting after section 2012 the following
new section 2013:
``Sec. 2013. Program to improve retention of housing by formerly
homeless veterans and veterans at risk of becoming
homeless
``(a) Program Required.--The Secretary shall carry out a program
under which the Secretary shall provide case management services to
improve the retention of housing by veterans who were previously
homeless and are transitioning to permanent housing and veterans who
are at risk of becoming homeless.
``(b) Grants.--(1) The Secretary shall carry out the program
through the award of grants.
``(2)(A) In awarding grants under paragraph (1), the Secretary
shall give priority to organizations that demonstrate a capability to
provide case management services as described in subsection (a),
particularly organizations that are successfully providing or have
successfully provided transitional housing services using amounts
provided by the Secretary under sections 2012 and 2061 of this title.
``(B) In giving priority under subparagraph (A), the Secretary
shall give extra priority to an organization described in such
subparagraph that--
``(i) voluntarily stops receiving amounts provided by the
Secretary under sections 2012 and 2061 of this title; and
``(ii) converts a facility that the organization used to
provide transitional housing services into a facility that the
organization uses to provide permanent housing that meets
housing quality standards established under section 8(o)(8)(B)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(8)(B)).
``(C) In any case in which a facility, with respect to which a
person received a grant for construction, rehabilitation, or
acquisition under section 2011 of this title, is converted as described
in subparagraph (B)(ii), such conversion shall be considered to have
been carried out pursuant to the needs of the Department and such
person shall not be considered in non-compliance with the terms of such
grant by reason of such conversion.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by striking
the item relating to section 2013 and inserting the following
new items:
``2013. Program to improve retention of housing by formerly homeless
veterans and veterans at risk of becoming
homeless.
``2014. Authorization of appropriations.''.
(b) Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe regulations to carry out section 2013 of such title, as added
by subsection (a)(1)(B).
(c) Report.--
(1) In general.--Not later than June 1, 2019, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the program required by section
2013 of such title, as added by subsection (a)(1)(B).
(2) Contents.--The report submitted under paragraph (1)
shall include assessments of the following:
(A) The percentage of veterans who received case
management services under the program who were able to
retain permanent housing by the end of the pilot
program, disaggregated by each recipient of a grant
under such section.
(B) The percentage of veterans who received case
management services under the program who were not in
permanent housing at the end of the program,
disaggregated by housing status and reason for failing
to retain permanent housing under the program.
(C) The use by veterans who received case
management services under the program of housing
assistance furnished by the Department of Veterans
Affairs, including a comparison of the use of such
assistance by such veterans before and after receiving
such services.
(D) An assessment of the employment status of
veterans who received case management services under
the program, including a comparison of the employment
status of such veterans before and after receiving such
services.
SEC. 5. EXPANSION OF HOUSING ASSISTANCE PROGRAM OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Section 2041 of title 38, United States Code, is
amended--
(1) in the section heading, by adding at the end the
following: ``, veterans in temporary housing, and very low-
income veteran families''; and
(2) in subsection (a)--
(A) in paragraph (1), in the matter before
subparagraph (A), by striking ``To assist homeless
veterans and their families in acquiring shelter'' and
inserting ``To assist homeless veterans and their
families, veterans and their families who are at risk
of becoming homeless, and very low-income veteran
families (as defined in section 2044(f) of this title)
in acquiring shelter, in acquiring and transitioning to
permanent housing, and in maintaining occupancy in
permanent housing'';
(B) in paragraph (2), by striking ``homeless
veterans'' and inserting ``veterans and families
described in paragraph (1)''; and
(C) in paragraph (3)(B)--
(i) in clause (i), by striking ``solely as
a shelter primarily for homeless veterans and
their families'' and inserting ``to provide
permanent or transitional housing for veterans
and families described in paragraph (1)'';
(ii) in clause (iii), by striking ``and''
at the end;
(iii) by redesignating clause (iv) as
clause (v);
(iv) by inserting after clause (iii) the
following new clause (iv):
``(iv) ensure that veterans who receive housing at
the property also receive referrals for the benefits
and services to which they may be entitled or eligible
under this title, and''; and
(v) in clause (v), as redesignated by
clause (iii) of this subparagraph, by striking
``homeless veterans'' and inserting ``veterans
and families described in paragraph (1)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by striking the item relating to
section 2041 and inserting the following new item:
``2041. Housing assistance for homeless veterans, veterans in temporary
housing, and very low-income veteran
families.''.
SEC. 6. OUTREACH RELATING TO INCREASING THE AMOUNT OF HOUSING AVAILABLE
TO VETERANS.
The Secretary of Veterans Affairs shall, in collaboration with the
Secretary of Housing and Urban Development, public housing authorities,
tribally designated housing entities, realtors, landlords, property
management companies, developers, and such other persons as the
Secretary considers appropriate, conduct outreach to realtors,
landlords, property management companies, and developers to educate
them about the housing needs of veterans and the benefits of having
veterans as tenants.
SEC. 7. ESTABLISHMENT OF NATIONAL CENTER ON HOMELESSNESS AMONG
VETERANS.
(a) In General.--Subchapter VII of chapter 20 of title 38, United
States Code, as amended by section 3(a)(1), is further amended by
adding at the end the following new section:
``Sec. 2068. National Center on Homelessness Among Veterans
``(a) In General.--(1) The Secretary shall establish and operate a
center to carry out the functions described in subsection (b).
``(2) The center establish under paragraph (1) shall be known as
the `National Center on Homelessness Among Veterans'.
``(3) To the degree practicable, the Secretary shall operate the
center established under paragraph (1) independently of the other
programs of the Department that address homelessness among veterans.
``(b) Functions.--The functions described in this subsection are as
follows:
``(1) To carry out and promote research into the causes and
contributing factors to veteran homelessness.
``(2) To assess the effectiveness of programs of the
Department to meet the needs of homeless veterans.
``(3) To identify and disseminate best practices with
regard to housing stabilization, income support, employment
assistance, community partnerships, and such other matters as
the Secretary considers appropriate with respect to addressing
veteran homelessness.
``(4) To integrate evidence-based and best practices,
policies, and programs into programs of the Department for
homeless veterans and veterans at risk of homelessness and to
ensure that the staff of the Department and community partners
can implement such practices, policies, and programs.
``(5) To serve as a resource center for, and promote and
seek to coordinate the exchange of information regarding, all
research and training activities carried out by the Department
and by other Federal and non-Federal entities with respect to
veteran homelessness.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title, as amended by section 3(a)(2), is further
amended by inserting after the item relating to section 2067 the
following new item:
``2068. National Center on Homelessness Among Veterans.''.
SEC. 8. ADMINISTRATIVE IMPROVEMENTS TO GRANT AND PER DIEM PROGRAMS OF
DEPARTMENT OF VETERANS AFFAIRS.
Section 2012 of title 38, United States Code, is amended--
(1) in subsection (a)(1), in the matter before subparagraph
(A), by inserting ``and except as otherwise provided in this
section'' after ``such purpose''; and
(2) by adding at the end the following new subsection:
``(e) Review and Conditional Renewal.--(1) Each year, the Secretary
shall review each grant recipient and eligible entity that received a
per diem payment under this section for a service furnished to a
veteran during the one-year period preceding the review to evaluate the
performance of the grant recipient or eligible entity during that
period with respect to--
``(A) the success of the grant recipient or eligible entity
in assisting veterans obtain, transition into, and retain
permanent housing; and
``(B) increasing the income of veterans, whether by helping
veterans obtain employment or by helping veterans obtain
income-related benefits to which such veterans may be eligible
or entitled.
``(2) For any grant recipient or eligible entity whose performance
was evaluated for a year under paragraph (1), the Secretary may only
provide per diem under this section to that grant recipient or eligible
entity in the following year if the Secretary determines that such
performance merits continued receipt of per diem under this section.
``(3) The Secretary shall establish uniform performance targets
throughout the United States for all grant recipients and eligible
entities that receive per diem payments under this section for purposes
of evaluating the performance of each such grant recipient and eligible
entity under this subsection.''. | Veteran Housing Stability Act of 2015 This bill directs the Department of Veterans Affairs (VA) to provide: intensive case management interventions for veterans enrolled in the VA's homeless registry and the annual patient enrollment system, and case management services to improve housing retention by veterans who were previously homeless and are transitioning to permanent housing and veterans who are at risk of becoming homeless. The VA housing assistance program is expanded to include: (1) veterans and their families who are at risk of becoming homeless, and very low-income veteran families; and (2) assistance for acquiring and transitioning to, and maintaining occupancy in, permanent housing. The VA shall: conduct outreach to realtors, landlords, property management companies, and developers to educate them about the housing needs of veterans and the benefits of having veterans as tenants; and establish and operate a National Center on Homelessness Among Veterans which shall carry out research into the causes of and contributing factors to veteran homelessness, assess the effectiveness of VA homeless veterans programs, and serve as a center for the exchange of information regarding activities carried out by the VA and by other federal and non-federal entities for veteran homelessness. Each year the VA shall review each grant recipient and eligible entity that received a per diem payment for furnishing services to homeless veterans to evaluate its performance with respect to: the success of the grant recipient or eligible entity in assisting veterans to obtain, transition into, and retain permanent housing; and increasing the income of veterans by helping them obtain either employment or appropriate income-related benefits. | {"src": "billsum_train", "title": "Veteran Housing Stability Act of 2015"} | 3,683 | 314 | 0.524675 | 1.532765 | 0.767683 | 4.845902 | 11.304918 | 0.931148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Right to Know Before You Go
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Every year, millions of people in the United States
will make the choice of whether to invest in higher education
or job retraining programs, but outcomes vary widely based on
the program of study selected, the institution selected, and
the maximum level of education attained.
(2) A person who obtains an associate degree earns, on
average, $1,500,000 over a lifetime, while individuals with the
maximum accreditation of a high school diploma can expect to
earn $1,300,000 over a lifetime. By comparison, individuals
with a baccalaureate degree earn, on average, $2,300,000 in
their lifetime. However, 28.2 percent of individuals with
associate degrees earn more than the median salary of
baccalaureate degree-holders. It is not just maximum level of
education attained, but also the earnings and employment
prospects associated with specific programs of study, that
determines the amount of an individual's earnings. Furthermore,
the employment and earnings projections of distinct degree and
certificate programs and the cost of obtaining these
credentials are not equal across institutions.
(3) On average, workers with a baccalaureate degree earn
more than 84 percent over their lifetime compared with those
who do not have a degree, and workers with an associate degree
earn, on average, $6,600 per year more than those with a high
school diploma as their highest credential.
(4) According to the National Center for Public Policy and
Higher Education report in 2008, the cost of college increased
439 percent from 1982 to 2007. In 2010, graduates who took out
loans left college with an average of more than $25,000 of
debt, more than double what it was 15 years ago. In 2011,
student debt in the United States outweighed credit card debt
at nearly $1,000,000,000,000.
(5) As of 2008, 84 percent of undergraduates had at least 1
credit card, up from 76 percent in 2004. With the rising cost
of college tuition and expenses, students are increasingly
turning to private credit to supplement traditional student
aid; on average, students charge $2,200 towards direct
education expenses, with only 17 percent regularly paying off
their balances each month. The average student leaves college
with an average credit card debt of more than $4,100, up from
about $2,900 in 2004.
(6) Recent research shows that more than \1/2\ of student
loan borrowers are in deferment, forbearance, delinquency, or
default on their Federal student loans within 5 years of
leaving school.
(7) Greater access and transparency regarding the costs and
benefits of higher education are critical to better prepare
students, parents, and the public for the realities of college
and the workforce.
(8) Even though enrollment in colleges is on the rise,
corresponding graduation and completion rates have not risen.
At 2-year institutions of higher education, about 27 percent of
first-time, full-time students who enrolled in the fall of 2005
completed a certificate or associate's degree within 150
percent of the normal time required to complete such a degree.
(9) As unemployment among young adults remains elevated,
the economic value and employment potential of certain degrees
has become an increasingly important factor in selecting a
major. Not all academic fields have the same employment and
earnings potential. Labor and employment statistics show that
certain majors have a higher employment potential after college
and a higher median starting salary. Furthermore, the
employment and earnings outcomes for the same or similar
accreditation vary widely across institutions of higher
education.
(10) To enhance the public's knowledge and access to
improved information concerning the cost of college, financial
aid, prospective earnings, and post-graduation employment
rates, States, institutions of higher education, and other
stakeholders must collaborate to make these data points
available to prospective students, parents, and all taxpayers
in a new, comprehensive, and easily accessible manner.
(11) Such collaboration will allow for a more comprehensive
statistical overview of the current landscape in American
higher education and increase accountability and efficiency.
(12) Research shows that certain courses of study correlate
to improved earnings and employment; however, existing
reporting requirements make it impossible for researchers to
accurately analyze data at the institutional level. A State-
based reporting system would ensure that students, parents,
taxpayers, and policymakers can make informed decisions,
maximizing their return on investment and bringing greater
transparency to higher education in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administering entity.--The term ``administering
entity'' means--
(A) a State, including a State coordinating or
governing board, State system office, or other State
agency;
(B) a multi-State compact; or
(C) a data system operated by the Department of
Education.
(2) Educational institution.--The term ``educational
institution'' means--
(A) an institution of higher education, as defined
in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002);
(B) a school or institution that offers a program
of postsecondary education and that is an eligible
provider of training services under section 122 of the
Workforce Investment Act of 1998 (42 U.S.C. 2842); and
(C) any entity that provides postsecondary training
programs that are approved by the Secretary of Labor
under section 236 of the Trade Act of 1974 (19 U.S.C.
2296) for workers who receive benefits under the trade
adjustment assistance program under chapter 2 of title
II of that Act (19 U.S.C. 2271 et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. PARTICIPATION IN STATEWIDE INDIVIDUAL-LEVEL INTEGRATED
POSTSECONDARY EDUCATION DATA SYSTEMS.
(a) Amendment.--Section 487(a)(17) of the Higher Education Act of
1965 (20 U.S.C. 1094(a)(17)) is amended--
(1) by striking ``(17) The'' and inserting ``(17)(A) The'';
and
(2) by adding at the end the following:
``(B) To meet the requirements of subparagraph (A), the
institution will fully participate in, and provide all data
required for--
``(i) the individual-level integrated postsecondary
education data system certified by the Secretary under
section 5(a) of the Student Right to Know Before You Go
Act that is administered by a State entity of the State
in which the institution is located; or
``(ii) if no such system exists in the State, an
individual-level integrated postsecondary education
data system that is operated by another administering
entity and that is certified by the Secretary under
such section 5(a).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 1 year after the date of enactment of
this Act.
SEC. 5. STATEWIDE INDIVIDUAL-LEVEL INTEGRATED POSTSECONDARY EDUCATION
DATA SYSTEMS.
(a) Statewide Employment and Learning Exchanges.--
(1) Certification of integrated postsecondary education
data systems.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall,
upon request by an administering entity--
(i) review the administering entity's
individual-level postsecondary education data
system or other data system; and
(ii) upon determining that the system meets
the requirements of this subsection, certify
the system for purposes of section
487(a)(17)(B) of the Higher Education Act of
1965 (20 U.S.C. 1094(a)(17)(B)).
(B) Consultation for certification of systems
including data for other programs.--Before certifying
under subparagraph (A) an individual-level integrated
postsecondary education data system that includes data
from a Federal education and training program in
accordance with paragraph (2)(B)(ii)(I), the Secretary
shall consult with the head of the Federal agency
responsible for administering such Federal education
and training program.
(2) Requirements.--An individual-level integrated
postsecondary education data system certified under this
subsection shall meet the following requirements:
(A) Compatiblity with ipeds.--The system shall have
the ability to submit data, in a manner that does not
disclose any personally identifiable information, to
the Integrated Postsecondary Data System (IPEDS) or any
other Federal postsecondary data collection as
designated by the Secretary, in a timely manner to the
satisfaction of the Secretary.
(B) Scope of system.--The system shall include--
(i) Data from educational institutions
described in section 3(2)(A); or
(ii) if the administering entity chooses,
data from such educational institutions and
data from--
(I) other Federal education and
training programs, such as the Job
Corps program carried out under
subtitle C of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2881
et seq.), educational assistance and
training programs under the laws
administered by the Secretary of
Veterans Affairs, programs carried out
under the Carl D. Perkins Career and
Technical Education Act of 2006 (20
U.S.C. 2301 et seq.), and training,
education, and educational assistance
programs of the Department of Defense;
or
(II) beginning on or after the date
that is 5 years after the date of
enactment of this Act, educational
institutions described in subparagraphs
(B) and (C) of section 3(2).
(C) Unique identifier.--The system shall use a
unique individual identifier system that--
(i) does not permit an individual to be
individually identified by users of the data
system; and
(ii) is created through a process that
creates a one-way secure identifier that can be
used in data systems in other States and cannot
be reverse-engineered.
(D) Data included.--The system shall include the
following data and information:
(i) Data sufficient to complete all student
components of reporting required for the
Integrated Postsecondary Education Data System
of the National Center for Education
Statistics. The system shall employ, where
applicable, the most recent version available
of the Common Education Data Standards
developed by the National Center for Education
Statistics.
(ii) Rates of remedial enrollment, credit
accumulation, and postsecondary completion by
high school completion status.
(iii) Other information determined
necessary by the Secretary to address alignment
and adequate preparation for success in
postsecondary education.
(E) Data audit and data governance systems.--The
system shall include a data audit system assessing data
quality, validity, and reliability and a data
governance system, operated at the State or regional
level (as the case may be) with the participation of
representative educational institutions, to ensure
compliance with Federal and State standards of data
quality and individual privacy.
(F) Individual privacy and access to data.--The
administering entity shall provide an assurance--
(i) that the system does not disclose any
personally identifiable information and
complies with the requirements of section 444
of the General Education Provisions Act (20
U.S.C. 1232g) (commonly known as the ``Family
Educational Rights and Privacy Act'') and other
applicable Federal and State privacy laws; and
(ii) that there is a policy on the use of
data in the system by other entities, including
by nongovernmental entities.
(3) Additional requirements.--In order for an individual-
level integrated postsecondary education data system of an
administering entity to be certified under this subsection, the
entity shall demonstrate to the Secretary that the entity is
coordinating with an agency or entity that oversees
administrative wage and earnings data to match data from the
postsecondary education data system to administrative wage and
earnings data, in order to create an interoperable employment
and learning exchange that--
(A) continues the use of a unique individual
identifier system that does not permit an individual to
be identified by users of the data system; and
(B) provides data on average individual annual
earnings, disaggregated by educational program, degree
received, educational institution, employment sector,
and State.
(b) Technical Assistance Grants.--
(1) In general.--The Secretary is authorized to award
grants--
(A) to educational institutions to assist with the
costs necessary to comply with the requirements of this
section or section 487(a)(17) of the Higher Education
Act of 1965 (20 U.S.C. 1094(a)(17)), as added by
section 4; and
(B) to administering entities described in
subparagraph (A) or (B) of section 3(1) that have an
integrated postsecondary education data system
certified by the Secretary under subsection (a) or that
are developing such a system, to assist with the costs
associated with such systems or with developing or
implementing such systems.
(2) Application.--An educational institution or
administering entity that desires to receive a grant under this
subsection shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary shall require.
SEC. 6. TRANSITION PLAN.
(a) Transition Requirements.--In transitioning to the requirements
of this Act and the amendments made by this Act, the Secretary shall--
(1) ensure that no educational institution will be required
to report duplicative information to the Secretary;
(2) allow States and educational institutions to
consolidate the reporting requirements under section 487(a)(17)
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
with any other overlapping reporting requirements, and inform
State and institutions of this ability; and
(3) establish safeguards to ensure that States and
educational institutions are not required to report duplicative
information through the individual-level integrated
postsecondary education data systems certified under section
5(a).
(b) Transition Plan.--Not later than 3 months after the date of
enactment of this Act, the Secretary shall make available to States,
educational institutions, and the public, a transition plan (including
guidance) that--
(1) describes the new options for complying with the
reporting requirements of section 487(a)(17) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(17)), as amended by
section 4;
(2) describes the transition requirements under subsection
(a) and how the Secretary will fulfill such requirements; and
(3) provides a timeline, including dates, for the
Secretary's implementation of the requirements of this Act and
the amendments made by this Act. | Student Right to Know Before You Go Act - Amends the Higher Education Act of 1965 to require institutions of higher education (IHEs) participating in title IV (Student Assistance) programs to participate in, and provide all the data required for, an individual-level integrated postsecondary education data system administered by a state, a multi-state compact, or the Secretary of Education.
Allows system administrators to include, in addition to data from IHEs, data from certain other postsecondary education and training programs.
Requires the systems to be certified by the Secretary as meeting certain data inclusion, quality, governance, and privacy requirements.
Requires the systems to include: (1) all student components of reporting required for the Integrated Postsecondary Data System (IPEDS), and submit such data to IPEDS; (2) rates of remedial enrollment, credit accumulation, and postsecondary completion by high school completion status; and (3) earnings data, disaggregated by educational program, institution, degree, employment sector, and state to create an interoperable employment and learning exchange.
Authorizes the Secretary to award grants to educational institutions and system administrators to assist them in complying with, developing, and implementing individual-level integrated postsecondary education data systems. | {"src": "billsum_train", "title": "To support statewide individual-level integrated postsecondary education data systems, and for other purposes."} | 3,226 | 269 | 0.421382 | 1.256202 | 0.682314 | 3.118644 | 12.588983 | 0.932203 |
SECTION 1. INCREASE IN MOTOR FUEL TAXES.
(a) In General.--Subparagraph (A) of section 4081(a)(2) of the
Internal Revenue Code of 1986 (relating to imposition of tax on
gasoline and diesel fuel) is amended--
(1) by striking ``18.3 cents'' and inserting ``26.3
cents'', and
(2) by striking ``24.3 cents'' and inserting ``32.3
cents''.
(b) Technical Amendments.--
(1) Subsection (c)(4)(A) of section 4081 of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``5.4 cents'' both places it
appears and inserting ``13.4 cents'',
(B) by striking ``4.158 cents'' both places it
appears and inserting ``12.158 cents'',
(C) by striking ``3.078 cents'' both places it
appears and inserting ``11.078 cents'',
(D) by striking ``6 cents'' and inserting ``14
cents'',
(E) by striking ``4.62 cents'' and inserting
``12.62 cents'', and
(F) by striking ``3.42 cents'' and inserting
``11.42 cents''.
(2) Subsection (c)(5) of section 4081 of such Code is
amended--
(A) by striking ``5.4 cents'' and inserting ``13.4
cents'', and
(B) by striking ``6 cents'' and inserting ``14
cents''.
(3) Clause (i) of section 4041(a)(1)(D) of such Code is
amended by striking ``24.3 cents'' and inserting ``32.3
cents''.
(4) Clause (i) of section 4041(b)(2)(A) of such Code is
amended--
(A) by striking ``5.4 cents'' and inserting ``13.4
cents'', and
(B) by striking ``6 cents'' and inserting ``14
cents''.
(5) Clauses (i) and (ii) of section 4041(m)(1)(A) of such
Code are amended to read as follows:
``(i) 11.3 cents per gallon after September
30, 1993, and before October 1, 1995,
``(ii) 19.3 cents per gallon after
September 30, 1995, and before October 1, 1999,
and
``(iii) 4.3 cents per gallon after
September 30, 1999, and''.
(6) Paragraph (1) of section 9503(f) of such Code is
amended--
(A) by striking ``14 cents'' in subparagraph (A)
and inserting ``22 cents'', and
(B) by striking ``20 cents'' in subparagraph (B)
and inserting ``28 cents''.
(7) Subparagraph (E) of section 9503(f)(2) of such Code is
amended by striking ``11.5 cents'' and inserting ``19.5 cents''
and by striking ``17.5 cents'' and inserting ``25.5 cents''.
(c) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of gasoline and diesel
fuel on which tax was imposed under section 4081 or 4091 of the
Internal Revenue Code of 1986 before October 1, 1995, and which
is held on such date by any person, there is hereby imposed a
floor stocks tax of 8 cents per gallon on such gasoline and
diesel fuel.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding gasoline
or diesel fuel on October 1, 1995, to which the tax
imposed by paragraph (1) applies shall be liable for
such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before December 31, 1995.
(3) Definitions.--For purposes of this subsection--
(A) Held by a person.--Gasoline or diesel fuel
shall be considered as ``held by a person'' if title
thereto has passed to such person (whether or not
delivery to the person has been made).
(B) Gasoline.--The term ``gasoline'' has the
meaning given such term by section 4082 of such Code.
(C) Diesel fuel.--The term ``diesel fuel'' has the
meaning given such term by section 4092 of such Code.
(E) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to gasoline or diesel fuel held
by any person exclusively for any use to the extent a credit or
refund of the tax imposed by section 4081 or 4091 of such Code,
as the case may be, is allowable for such use.
(5) Exception for fuel held in vehicle tank.--No tax shall
be imposed by paragraph (1) on gasoline or diesel fuel held in
the tank of a motor vehicle or motorboat.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1)--
(i) on gasoline held on October 1, 1995, by
any person if the aggregate amount of gasoline
held by such person on such date does not
exceed 4,000 gallons, and
(ii) on diesel fuel held on October 1,
1995, by any person if the aggregate amount of
diesel fuel held by such person on such date
does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person
submits to the Secretary (at the time and in the manner
required by the Secretary) such information as the
Secretary shall require for purposes of this paragraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account fuel held by any
person which is exempt from the tax imposed by
paragraph (1) by reason of paragraph (4) or (5).
(C) Controlled groups.--For purposes of this
paragraph--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of clause (i) shall apply to a group of persons
under common control where 1 or more of such
persons is not a corporation.
(7) Articles in foreign trade zones.--Notwithstanding the
Act of June 18, 1934 (48 Stat. 998, 19 U.S.C. 81a) and any
other provision of law, any article which is located in a
foreign trade zone on any tax-increase date shall be subject to
the taxes imposed by paragraph (1) if--
(A) internal revenue taxes have been determined, or
customs duties liquidated, with respect to such article
before such date pursuant to a request made under the
1st proviso of section 3(a) of such Act, or
(B) such article is held on such date under the
supervision of a customs officer pursuant to the 2d
proviso of such section 3(a).
(8) Other law applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by
section 4081 of such Code shall, insofar as applicable and not
inconsistent with the provisions of this subsection, apply with
respect to the floor stock taxes imposed by paragraph (1) to
the same extent as if such taxes were imposed by such section
4081.
(d) Use of resulting revenues.--
(1) Mass transit.--Paragraph (2) of section 9503(e) of the
Internal Revenue Code of 1986 (relating to establishment of
mass transit account) is amended by striking ``2 cents'' and
inserting ``4 cents''.
(2) Amtrak and interstate, state, and local roads and bridges.--
Section 9503 of such Code (relating to highway trust fund) is amended
by redesignating subsection (f) as subsection (i) and by inserting
after subsection (e) the following new subsections:
``(f) Establishment of AMTRAK Account.--
``(1) Creation of account.--There is established in the
Highway Trust Fund a separate account to be known as the
`AMTRAK Account' consisting of such amounts as may be
transferred or credited to the AMTRAK Account as provided in
this subsection or section 9602(b).
``(2) Transfers to amtrak account.--The Secretary of the
Treasury shall transfer to the AMTRAK Account the AMTRAK
portion of the amounts appropriated to the Highway Trust Fund
under subsection (b) which are attributable to taxes under
sections 4041 and 4081 imposed after September 30, 1995. For
purposes of the preceding sentence, the term `AMTRAK portion'
means an amount determined at the rate of 2 cents for each
gallon with respect to which tax was imposed under section 4041
or 4081.
``(3) Expenditures from account.--Amounts in the AMTRAK
Account shall be available, as provided by appropriation Acts,
for making capital or capital-related expenditures before
October 1, 1997 (including capital expenditures for new
projects) for AMTRAK in accordance with section 24104 of title
49, United States Code, as in effect on the date of the
enactment of this subsection.
``(4) Applicable rules.--Rules similar to the rules of
paragraphs (4) and (5) shall be applied.
``(g) Establishment of Interstate and Federal-Aid Highway
Account.--
``(1) Creation of account.--There is established in the
Highway Trust Fund a separate account to be known as the
`Interstate and Federal-Aid Highway Account' consisting of such
amounts as may be transferred or credited to the Interstate and
Federal-Aid Highway Account as provided in this subsection or
section 9602(b).
``(2) Transfers to interstate and federal-aid highway
account.--The Secretary of the Treasury shall transfer to the
Interstate and Federal-Aid Highway Account the interstate and
Federal-aid highway portion of the amounts appropriated to the
Highway Trust Fund under subsection (b) which are attributable
to taxes under sections 4041 and 4081 imposed after September
30, 1995. For purposes of the preceding sentence, the term
`interstate and Federal-aid highway portion' means an amount
determined at the rate of 2 cents for each gallon with respect
to which tax was imposed under section 4041 or 4081.
``(3) Expenditures from account.--Amounts in the Interstate
and Federal-Aid Highway Account shall be available, as provided
by appropriation Acts, for making capital or capital-related
expenditures before October 1, 1997 (including capital
expenditures for new projects) for the Dwight D. Eisenhower
National System of Interstate and Defense Highways and the
Federal-Aid Highway System in accordance with the Intermodal
Surface Transportation Efficiency Act of 1991, as in effect on
the date of the enactment of this subsection.
``(4) Applicable rules.--Rules similar to the rules of
paragraphs (4) and (5) shall be applied.
``(h) Establishment of State and Local Roads and Bridges Account.--
``(1) Creation of account.--There is established in the
Highway Trust Fund a separate account to be known as the `State
and Local Roads and Bridges Account' consisting of such amounts
as may be transferred or credited to the State and Local Roads
and Bridges Account as provided in this subsection or section
9602(b).
``(2) Transfers to state and local roads and bridges
account.--The Secretary of the Treasury shall transfer to the
State and Local Roads and Bridges Account the State and local
roads and bridges portion of the amounts appropriated to the
Highway Trust Fund under subsection (b) which are attributable
to taxes under sections 4041 and 4081 imposed after September
30, 1995. For purposes of the preceding sentence, the term
`State and local roads and bridges portion' means an amount
determined at the rate of 2 cents for each gallon with respect
to which tax was imposed under section 4041 or 4081.
``(3) Expenditures from account.--Amounts in the State and
Local Roads and Bridges Account shall be available, as provided
by appropriation Acts, for making capital or capital-related
expenditures before October 1, 1997 (including capital
expenditures for new projects) for any State or local road or
bridge project in accordance with the Intermodal Surface
Transportation Efficiency Act of 1991, as in effect on the date
of the enactment of this subsection.
``(4) Applicable rules.--Rules similar to the rules of
paragraphs (4) and (5) shall be applied.''
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 1995. | Amends the Internal Revenue Code to increase the rate of tax on gasoline and diesel fuel. Imposes the tax on such products held in a foreign trade zone on the date of the tax increase if taxes have been determined or customs duties liquidated.
Doubles the amount transferred to the Mass Transit Account of the Highway Trust Fund from revenues resulting from the tax on special motor fuels, gasoline, and diesel fuel. Establishes in such Fund the following separate accounts to which a portion of such fuel tax revenues shall be transferred for capital or capital-related expenditures before October 1, 1997: (1) an AMTRAK Account; (2) an Interstate and Federal-Aid Highway Account; and (3) a State and Local Roads and Bridges Account. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to increase motor fuel taxes by 8 cents a gallon, the resulting revenues to be used for mass transit, AMTRAK, and interstate, State, and local roads and bridges, and for other purposes."} | 3,029 | 158 | 0.455609 | 1.151291 | 0.543755 | 2.746575 | 18.273973 | 0.910959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Sexual Assault Prevention
Act of 2013''.
SEC. 2. PROHIBITION ON SERVICE IN THE ARMED FORCES BY INDIVIDUALS WHO
HAVE BEEN CONVICTED OF A SEXUAL OFFENSE.
(a) Prohibition.--Chapter 37 of title 10, United States Code, is
amended adding at the end the following new section:
``Sec. 656. Prohibition on service in the armed forces by individuals
convicted of a sexual offense
``(a) Prohibition on Commissioning or Enlistment.--(1) A person who
has been convicted of an offense specified in paragraph (2) under
Federal or State law may not be processed for commissioning or
permitted to enlist in the armed forces.
``(2) An offense specified in this paragraph is any felony offense
as follows:
``(A) Rape.
``(B) Sexual assault.
``(C) Forcible sodomy.
``(D) Incest.
``(b) Administrative Separation for Certain Offenses Not Resulting
in Punitive Discharge.--(1) Any member of the armed forces on active
duty, and any member of a reserve component of the armed forces not on
active duty but in active status, who is convicted of an offense
specified in paragraph (2) and not punitively discharged from the armed
forces in connection with such conviction shall be separated
administratively from the armed forces for such offense.
``(2) An offense specified in this paragraph is any offense as
follows:
``(A) Rape or sexual assault under subsection (a) or (b) of
section 920 of this title (article 120 of the Uniform Code of
Military Justice).
``(B) Forcible sodomy under section 925 of this title
(article 125 of the Uniform Code of Military Justice).
``(C) An attempt to commit an offense specified in
subparagraph (A) or (B), as punishable under section 880 of
this title (article 80 of the Uniform Code of Military
Justice).
``(3) Under regulations prescribed by the Secretary of Defense, the
Secretary of the military department concerned may waive the
requirement in paragraph (1) with respect to a member if the waiver is
determined appropriate in the interests of the national security of the
United States. Waivers under this paragraph shall be made on a case-by-
case basis.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 37 of such title is amended by adding at the end the following
new item:
``656. Prohibition on service in the armed forces by individuals
convicted of a sexual offense.''.
SEC. 3. PERSONS WHO MAY EXERCISE DISPOSITION AUTHORITY REGARDING
CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT OFFENSES
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Persons Who May Exercise Disposition Authority.--
(1) Disposition authority.--With respect to any charge
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), that alleges an offense specified in
paragraph (2), the Secretary of Defense shall require the
Secretaries of the military departments to restrict disposition
authority under section 830 of such chapter (article 30 of the
Uniform Code of Military Justice) to officers of the Armed
Forces who have the authority to convene special courts-martial
under section 823 of such chapter (article 23 of the Uniform
Code of Military Justice), but not lower than the following:
(A) In the case of a training command, the first
brigadier general, or, in the case of the Navy, the
first rear admiral (lower half), with a legal advisor
(or access to a legal advisor) in the chain of command
of the person accused of committing the offense.
(B) In the case of any other command, the first
colonel, or in the case of the Navy, the first captain,
with a legal advisor (or access to a legal advisor) in
the chain of command of the person accused of
committing the offense.
(2) Covered offenses.--Paragraph (1) applies with respect
to a charge that alleges any of the following offenses under
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice):
(A) Rape or sexual assault under subsection (a) or
(b) of section 920 of such chapter (article 120 of the
Uniform Code of Military Justice).
(B) Forcible sodomy under section 925 of such
chapter (article 125 of the Uniform Code of Military
Justice).
(C) An attempt to commit an offense specified in
subparagraph (A) or (B), as punishable under section
880 of such chapter (article 80 of the Uniform Code of
Military Justice).
(b) Implementation.--
(1) Secretaries of military departments.--The Secretaries
of the military departments shall revise policies and
procedures as necessary to comply with subsection (a).
(2) Secretary of defense.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall recommend such changes to the Manual for Courts-Martial
as are necessary to ensure compliance with subsection (a).
SEC. 4. POLICY OF THE UNITED STATES ON DISPOSITION OF CHARGES INVOLVING
CERTAIN SEXUAL MISCONDUCT OFFENSES UNDER THE UNIFORM CODE
OF MILITARY JUSTICE THROUGH COURTS-MARTIAL.
(a) Statement of Policy.--It shall be the policy of the United
States that any charge regarding an offense specified in subsection (b)
should be disposed of by court-martial, rather than by non-judicial
punishment or administrative action.
(b) Covered Offenses.--An offense specified in this subsection is
any of the following offenses under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice):
(1) Rape or sexual assault under subsection (a) or (b) of
section 920 of such chapter (article 120 of the Uniform Code of
Military Justice).
(2) Forcible sodomy under section 925 of such chapter
(article 125 of the Uniform Code of Military Justice).
(3) An attempt to commit an offense specified in paragraph
(1) or (2), as punishable under section 880 of such chapter
(article 80 of the Uniform Code of Military Justice).
(c) Justification for Disposition Other Than by Court-Martial.--In
the case of any charge regarding an offense specified in subsection (b)
that is disposed of by non-judicial punishment or administrative
action, rather than by court-martial, the disposition authority
provided for in section 3 shall include in the case file a
justification for the disposition of the charge by non-judicial
punishment or administrative action, rather than by court-martial.
SEC. 5. COMMAND ACTION ON REPORTS BY MEMBERS OF THE ARMED FORCES OF
SEXUAL OFFENSES INVOLVING MEMBERS.
(a) Maximum Period for Action.--A commanding officer who receives a
report of a sexual-related offense involving a member of the Armed
Forces in the chain of command of such officer shall act upon the
report in accordance with subsection (b) by not later than 24 hours
after receipt of the report by the commanding officer.
(b) Required Action.--The action required by this subsection with
respect to a report described in subsection (a) is, at the election of
the commanding officer concerned, one of the following:
(1) The submittal of the report to the next higher officer
in the chain of command of the commanding officer concerned.
(2) The referral of the report to the office of the special
investigation of the military department concerned or such
other investigation service of the military department
concerned as the Secretary of the military department concerned
may specify for purposes of this section.
SEC. 6. INCLUSION AND COMMAND REVIEW OF INFORMATION ON SEXUAL-RELATED
OFFENSES IN PERSONNEL SERVICE RECORDS OF MEMBERS OF THE
ARMED FORCES.
(a) Information on Substantiated Reports on Sexual-Related
Offenses.--
(1) In general.--If a complaint of a sexual-related offense
is made against a member of the Armed Forces and the complaint
is substantiated, a notation to that effect shall be placed in
the personnel service record of the member, regardless of the
member's grade.
(2) Purpose.--The purpose of the inclusion of information
in personnel service records under paragraph (1) is to alert
commanders to the members of their command who have received
courts-martial conviction, non-judicial punishment, or
administrative action for sexual-related offenses in order to
reduce the likelihood that repeat offenses will escape the
notice of commanders.
(b) Limitation on Placement.--A notation under subsection (a) may
not be placed in the restricted section of the personnel service record
of a member.
(c) Construction.--Nothing in subsection (a) or (b) may be
construed to prohibit or limit the capacity of a member of the Armed
Forces to challenge or appeal the placement of a notation, or location
of placement of a notation, in the member's personnel service record in
accordance with procedures otherwise applicable to such challenges or
appeals.
(d) Substantiated Complaints.--For purposes of implementing this
section, the Secretary of Defense shall use the definition of
substantiated developed for purposes of the annual report on sexual
assaults involving members of the Armed Forces prepared under section
1631 of the Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (10 U.S.C. 1561 note).
(e) Command Review of History of Sexual-Related Offenses of Members
Upon Assignment or Transfer to New Unit.--
(1) Review required.--Under uniform regulations prescribed
by the Secretary of Defense, the commanding officer of a
facility, installation, or unit to which a member of the Armed
Forces described in paragraph (2) is permanently assigned or
transferred shall review the history of substantiated sexual
offenses of the member in order to familiarize such officer
with such history of the member.
(2) Covered members.--A member of the Armed Forces
described in this paragraph is a member of the Armed Forces
who, at the time of assignment or transfer as described in
paragraph (1), has a history of one or more substantiated
sexual offenses as documented in the personnel service record
of such member or such other records or files as the Secretary
shall specify in the regulations prescribed under paragraph
(1).
SEC. 7. COLLECTION AND RETENTION OF RECORDS ON DISPOSITION OF REPORTS
OF SEXUAL ASSAULT.
(a) Collection.--The Secretary of Defense shall require that the
Secretary of each military department establish a record on the
disposition of any report of sexual assault, whether such disposition
is court-martial, non-judicial punishment, or other administrative
action. The record of any such disposition shall include the following,
as appropriate:
(1) Documentary information collected about the incident
reported.
(2) Punishment imposed, including the sentencing by
judicial or non-judicial means including incarceration, fines,
restriction, and extra duty as a result of military court-
martial, Federal and local court and other sentencing, or any
other punishment imposed.
(3) Reasons for the selection of the disposition and
punishments selected.
(4) Administrative actions taken, if any.
(5) Any pertinent referrals offered as a result of the
incident (such as drug and alcohol counseling and other types
of counseling or intervention).
(b) Retention.--The Secretary of Defense shall require that--
(1) the records established pursuant to subsection (a) be
retained by the Department of Defense for a period of not less
than 50 years; and
(2) a copy of such records be maintained at a centralized
location for the same period as applies to retention of the
records under paragraph (1).
SEC. 8. RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED
REPORTS ON SEXUAL ASSAULT INVOLVING MEMBERS OF THE ARMED
FORCES.
(a) Requirement for Retention.--Subsection (a) of section 577 of
the National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239) is amended by striking ``At the request of a member of the
Armed Forces who files a Restricted Report on an incident of sexual
assault involving the member, the Secretary of Defense shall'' and
inserting ``The Secretary of Defense shall''.
(b) Conforming Amendment.--The heading of such section is amended
by striking ``at request of the member of the armed forces making the
report''. | Military Sexual Assault Prevention Act of 2013 - Prohibits any person convicted under federal or state law of rape, sexual assault, forcible sodomy, or incest from being commissioned or enlisting in the Armed Forces. Requires administrative separation from the Armed Forces, when not punitively discharged, for any member of the Armed Forces (member) on active duty, and any reserve member in an active status, who is convicted of rape, sexual assault, forcible sodomy, or an attempt thereof (covered offenses). Allows the Secretary of the military department concerned to waive such a separation in the interests of national security on a case-by-case basis. Directs the Secretary of Defense (DOD), with respect to any charge under the Uniform Code of Military Justice (UCMJ) that alleges any of the covered offenses, to require the military department Secretaries to restrict disposition authority to specified high-command officers authorized to convene special courts-martial under the UCMJ. States as the policy of the United States that any charge regarding the covered offenses should be disposed of by court-martial rather than non-judicial punishment or administrative action. Requires a commanding officer who receives a report of a sexual-related offense involving a member to act upon the report within 24 hours, including by submitting the report to the next higher officer in that chain of command or referring such report to the appropriate office of special investigation. Requires inclusion in a member's personnel service record of a substantiated complaint of a sexual-related offense. Requires commanding officer review of a member's history of substantiated sexual offenses upon a member's transfer to the new command. Requires sexual assault forms and records to be retained for at least 50 years. Amends the National Defense Authorization Act for Fiscal Year 2013 to require the Secretary to retain for at least 50 years certain records concerning an incident of sexual assault. (Current law mandates such retention only at the request of a member who files a specified report.) | {"src": "billsum_train", "title": "Military Sexual Assault Prevention Act of 2013"} | 2,892 | 476 | 0.603191 | 1.841277 | 0.75888 | 3.321809 | 6.792553 | 0.922872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ozone Standards Implementation Act
of 2016''.
SEC. 2. FACILITATING STATE IMPLEMENTATION OF EXISTING OZONE STANDARDS.
(a) Designations.--
(1) Designation submission.--Not later than October 26,
2024, notwithstanding the deadline specified in paragraph
(1)(A) of section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)), the Governor of each State shall designate in
accordance with such section 107(d) all areas (or portions
thereof) of the Governor's State as attainment, nonattainment,
or unclassifiable with respect to the 2015 ozone standards.
(2) Designation promulgation.--Not later than October 26,
2025, notwithstanding the deadline specified in paragraph
(1)(B) of section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)), the Administrator shall promulgate final designations
under such section 107(d) for all areas in all States with
respect to the 2015 ozone standards, including any
modifications to the designations submitted under paragraph
(1).
(3) State implementation plans.--Not later than October 26,
2026, notwithstanding the deadline specified in section
110(a)(1) of the Clean Air Act (42 U.S.C. 7410(a)(1)), each
State shall submit the plan required by such section 110(a)(1)
for the 2015 ozone standards.
(b) Certain Preconstruction Permits.--
(1) In general.--The 2015 ozone standards shall not apply
to the review and disposition of a preconstruction permit
application if--
(A) the Administrator or the State, local, or
tribal permitting authority, as applicable, determines
the application to be complete on or before the date of
promulgation of the final designation of the area
involved under subsection (a)(2); or
(B) the Administrator or the State, local, or
tribal permitting authority, as applicable, publishes a
public notice of a preliminary determination or draft
permit for the application before the date that is 60
days after the date of promulgation of the final
designation of the area involved under subsection
(a)(2).
(2) Rules of construction.--Nothing in this section shall
be construed to--
(A) eliminate the obligation of a preconstruction
permit applicant to install best available control
technology and lowest achievable emission rate
technology, as applicable; or
(B) limit the authority of a State, local, or
tribal permitting authority to impose more stringent
emissions requirements pursuant to State, local, or
tribal law than national ambient air quality standards.
SEC. 3. FACILITATING STATE IMPLEMENTATION OF NATIONAL AMBIENT AIR
QUALITY STANDARDS.
(a) Timeline for Review of National Ambient Air Quality
Standards.--
(1) Ten-year cycle for all criteria air pollutants.--
Paragraphs (1) and (2)(B) of section 109(d) of the Clean Air
Act (42 U.S.C. 7409(d)) are amended by striking ``five-year
intervals'' each place it appears and inserting ``10-year
intervals''.
(2) Cycle for next review of ozone criteria and
standards.--Notwithstanding section 109(d) of the Clean Air Act
(42 U.S.C. 7409(d)), the Administrator shall not--
(A) complete, before October 26, 2025, any review
of the criteria for ozone published under section 108
of such Act (42 U.S.C. 7408) or the national ambient
air quality standard for ozone promulgated under
section 109 of such Act (42 U.S.C. 7409); or
(B) propose, before such date, any revisions to
such criteria or standard.
(b) Consideration of Technological Feasibility.--Section 109(b)(1)
of the Clean Air Act (42 U.S.C. 7409(b)(1)) is amended by inserting
after the first sentence the following: ``If the Administrator, in
consultation with the independent scientific review committee appointed
under subsection (d), finds that a range of levels of air quality for
an air pollutant are requisite to protect public health with an
adequate margin of safety, as described in the preceding sentence, the
Administrator may consider, as a secondary consideration, likely
technological feasibility in establishing and revising the national
primary ambient air quality standard for such pollutant.''.
(c) Consideration of Adverse Public Health, Welfare, Social,
Economic, or Energy Effects.--Section 109(d)(2) of the Clean Air Act
(42 U.S.C. 7409(d)(2)) is amended by adding at the end the following:
``(D) Prior to establishing or revising a national ambient air
quality standard, the Administrator shall request, and such committee
shall provide, advice under subparagraph (C)(iv) regarding any adverse
public health, welfare, social, economic, or energy effects which may
result from various strategies for attainment and maintenance of such
national ambient air quality standard.''.
(d) Timely Issuance of Implementing Regulations and Guidance.--
Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by adding
at the end the following:
``(e) Timely Issuance of Implementing Regulations and Guidance.--
``(1) In general.--In publishing any final rule
establishing or revising a national ambient air quality
standard, the Administrator shall, as the Administrator
determines necessary to assist States, permitting authorities,
and permit applicants, concurrently publish regulations and
guidance for implementing the standard, including information
relating to submission and consideration of a preconstruction
permit application under the new or revised standard.
``(2) Applicability of standard to preconstruction
permitting.--If the Administrator fails to publish final
regulations and guidance that include information relating to
submission and consideration of a preconstruction permit
application under a new or revised national ambient air quality
standard concurrently with such standard, then such standard
shall not apply to the review and disposition of a
preconstruction permit application until the Administrator has
published such final regulations and guidance.
``(3) Rules of construction.--
``(A) Nothing in this subsection shall be construed
to preclude the Administrator from issuing regulations
and guidance to assist States, permitting authorities,
and permit applicants in implementing a national
ambient air quality standard subsequent to publishing
regulations and guidance for such standard under
paragraph (1).
``(B) Nothing in this subsection shall be construed
to eliminate the obligation of a preconstruction permit
applicant to install best available control technology
and lowest achievable emission rate technology, as
applicable.
``(C) Nothing in this subsection shall be construed
to limit the authority of a State, local, or tribal
permitting authority to impose more stringent emissions
requirements pursuant to State, local, or tribal law
than national ambient air quality standards.
``(4) Definitions.--In this subsection:
``(A) The term `best available control technology'
has the meaning given to that term in section 169(3).
``(B) The term `lowest achievable emission rate'
has the meaning given to that term in section 171(3).
``(C) The term `preconstruction permit'--
``(i) means a permit that is required under
this title for the construction or modification
of a stationary source; and
``(ii) includes any such permit issued by
the Environmental Protection Agency or a State,
local, or tribal permitting authority.''.
(e) Contingency Measures for Extreme Ozone Nonattainment Areas.--
Section 172(c)(9) of the Clean Air Act (42 U.S.C. 7502(c)(9)) is
amended by adding at the end the following: ``Notwithstanding the
preceding sentences and any other provision of this Act, such measures
shall not be required for any nonattainment area for ozone classified
as an Extreme Area.''.
(f) Plan Submissions and Requirements for Ozone Nonattainment
Areas.--Section 182 of the Clean Air Act (42 U.S.C. 7511a) is amended--
(1) in subsection (b)(1)(A)(ii)(III), by inserting ``and
economic feasibility'' after ``technological achievability'';
(2) in subsection (c)(2)(B)(ii), by inserting ``and
economic feasibility'' after ``technological achievability'';
(3) in subsection (e), in the matter preceding paragraph
(1)--
(A) by striking ``The provisions of clause (ii) of
subsection (c)(2)(B) (relating to reductions of less
than 3 percent), the provisions of paragaphs'' and
inserting ``The provisions of paragraphs''; and
(B) by striking ``, and the provisions of clause
(ii) of subsection (b)(1)(A) (relating to reductions of
less than 15 percent)''; and
(4) in paragraph (5) of subsection (e), by striking ``, if
the State demonstrates to the satisfaction of the Administrator
that--'' and all that follows through the end of the paragraph
and inserting a period.
(g) Plan Revisions for Milestones for Particulate Matter
Nonattainment Areas.--Section 189(c)(1) of the Clean Air Act (42 U.S.C.
7513a(c)(1)) is amended by inserting ``, which take into account
technological achievability and economic feasibility,'' before ``and
which demonstrate reasonable further progress''.
(h) Exceptional Events.--Section 319(b)(1)(B) of the Clean Air Act
(42 U.S.C. 7619(b)(1)(B)) is amended--
(1) in clause (i)--
(A) by striking ``(i) stagnation of air masses or''
and inserting ``(i)(I) ordinarily occurring stagnation
of air masses or (II)''; and
(B) by inserting ``or'' after the semicolon;
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
(i) Report on Emissions Emanating From Outside the United States.--
Not later than 24 months after the date of enactment of this Act, the
Administrator, in consultation with States, shall submit to the
Congress a report on--
(1) the extent to which foreign sources of air pollution,
including emissions from sources located outside North America,
impact--
(A) designations of areas (or portions thereof) as
nonattainment, attainment, or unclassifiable under
section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)); and
(B) attainment and maintenance of national ambient
air quality standards;
(2) the Environmental Protection Agency's procedures and
timelines for disposing of petitions submitted pursuant to
section 179B(b) of the Clean Air Act (42 U.S.C. 7509a(b));
(3) the total number of petitions received by the Agency
pursuant to such section 179B(b), and for each such petition
the date initially submitted and the date of final disposition
by the Agency; and
(4) whether the Administrator recommends any statutory
changes to facilitate the more efficient review and disposition
of petitions submitted pursuant to such section 179B(b).
(j) Study on Ozone Formation.--
(1) Study.--The Administrator, in consultation with States
and the National Oceanic and Atmospheric Administration, shall
conduct a study on the atmospheric formation of ozone and
effective control strategies, including--
(A) the relative contribution of man-made and
naturally occurring nitrogen oxides, volatile organic
compounds, and other pollutants in ozone formation in
urban and rural areas, including during wildfires, and
the most cost-effective control strategies to reduce
ozone; and
(B) the science of wintertime ozone formation,
including photochemical modeling of wintertime ozone
formation, and approaches to cost-effectively reduce
wintertime ozone levels.
(2) Peer review.--The Administrator shall have the study
peer reviewed by an independent panel of experts in accordance
with the requirements applicable to a highly influential
scientific assessment.
(3) Report.--The Administrator shall submit to Congress a
report describing the results of the study, including the
findings of the peer review panel.
(4) Regulations and guidance.--The Administrator shall
incorporate the results of the study, including the findings of
the peer review panel, into any Federal rules and guidance
implementing the 2015 ozone standards.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best available control technology.--The term ``best
available control technology'' has the meaning given to that
term in section 169(3) of the Clean Air Act (42 U.S.C.
7479(3)).
(3) Highly influential scientific assessment.--The term
``highly influential scientific assessment'' means a highly
influential scientific assessment as defined in the publication
of the Office of Management and Budget entitled ``Final
Information Quality Bulletin for Peer Review'' (70 Fed. Reg.
2664 (January 14, 2005)).
(4) Lowest achievable emission rate.--The term ``lowest
achievable emission rate'' has the meaning given to that term
in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)).
(5) National ambient air quality standard.--The term
``national ambient air quality standard'' means a national
ambient air quality standard promulgated under section 109 of
the Clean Air Act (42 U.S.C. 7409).
(6) Preconstruction permit.--The term ``preconstruction
permit''--
(A) means a permit that is required under title I
of the Clean Air Act (42 U.S.C. 7401 et seq.) for the
construction or modification of a stationary source;
and
(B) includes any such permit issued by the
Environmental Protection Agency or a State, local, or
tribal permitting authority.
(7) 2015 ozone standards.--The term ``2015 ozone
standards'' means the national ambient air quality standards
for ozone published in the Federal Register on October 26, 2015
(80 Fed. Reg. 65292).
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
the requirements of this Act and the amendments made by this Act. Such
requirements shall be carried out using amounts otherwise authorized.
Passed the House of Representatives June 8, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Ozone Standards Implementation Act of 2016 This bill amends the Clean Air Act by revising the National Ambient Air Quality Standards (NAAQS) program. (Sec. 2) The bill delays the implementation of the ozone NAAQS that were published in 2015. The bill extends until: (1) October 26, 2024, the deadline for states to submit designations to implement the 2015 ozone NAAQS; and (2) October 26, 2025, the deadline for the Environmental Protection Agency (EPA) to designate state areas as attainment, nonattainment, or unclassifiable areas with respect to the 2015 ozone NAAQS. States must submit a state implementation plan (SIP) by October 26, 2026, to implement, maintain, and enforce the 2015 ozone NAAQS. The bill exempts from the 2015 ozone standards certain preconstruction permit applications that were completed or submitted before a final designation was made. (Sec. 3) The bill also changes the review cycle for criteria pollutant NAAQS from a 5-year review cycle to a 10-year review cycle. The EPA may not complete its next review of ozone NAAQS before October 26, 2025. The EPA may consider, as a secondary consideration, likely technological feasibility in establishing and revising NAAQS for a pollutant if a range of air quality levels for such pollutant are requisite to protect public health with an adequate margin of safety. Prior to establishing or revising NAAQS, the EPA must obtain advice from its scientific advisory committee regarding potential adverse public health, welfare, social, economic, or energy effects which may result from attaining and maintaining NAAQS. The EPA must publish regulations and guidance for implementing NAAQS concurrently with the issuance of a new or revised standard. New or revised NAAQS shall not apply to preconstruction permits for constructing or modifying a stationary source of air pollutants until those regulations and guidance have been published. The bill provides that in Extreme Ozone Nonattainment Areas, contingency measures are not required to be included in nonattainment plans. Technological achievability and economic feasibility must be taken into consideration in plan revisions for milestones for particulate matter nonattainment areas. The bill redefines "exceptional events," by including stagnation of air masses that are not ordinarily occurring. The EPA must: (1) report on foreign emissions and their impact on compliance with the NAAQS program in the United States, (2) study and report on the atmospheric formation of ozone and effective control strategies, and (3) incorporate the results of the study into rules and guidance implementing the 2015 ozone standards. (Sec. 5) The bill specifies that no additional funds are authorized for carrying out the requirements of this bill. | {"src": "billsum_train", "title": "Ozone Standards Implementation Act of 2016"} | 3,370 | 618 | 0.581846 | 2.016779 | 0.622361 | 2.635081 | 5.71371 | 0.844758 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Leave Transfer Act
of 2011''.
SEC. 2. AUTHORITY TO TRANSFER SICK LEAVE.
(a) Direct Transfers of Leave.--
(1) In general.--Subchapter III of chapter 63 of title 5,
United States Code, is amended by inserting after section 6338
the following:
``Sec. 6338a. Sick leave
``(a) The Office of Personnel Management shall by regulation modify
the program established under the preceding provisions of this
subchapter so as to permit, in addition to annual leave, the transfer
and use of sick leave.
``(b) To the extent feasible, the terms and conditions governing
the transfer and use of sick leave under the regulations shall be the
same as those governing the transfer and use of annual leave under the
preceding provisions of this subchapter, subject to the following:
``(1) Sick leave may not be transferred or used in
connection with any purpose for which accrued sick leave could
not be used by the leave recipient under subchapter I.
``(2) Sick leave received under this subchapter--
``(A) may not be used before the exhaustion
requirement under section 6333(b) has been met; and
``(B) shall not (for restoration purposes, if
applicable) be considered to have been used before all
transferred annual leave has been exhausted.
``(3) Nothing in this section shall affect the maximum
amount of sick leave or annual leave which may be accrued by a
leave recipient while using any leave received under this
subchapter in connection with a particular medical emergency.
``(4) An employee who donates sick leave pursuant to this
section shall not be conferred any benefit (including an
appointment, promotion, or compensation) in connection with
such donation.''.
(2) Technical and conforming amendments.--
(A) Prohibition of coercion.--Section 6338(a) of
title 5, United States Code, is amended by striking
``annual leave'' and inserting ``annual or sick
leave''.
(B) Excepted agencies.--Section 6339(b)(1) of such
title is amended--
(i) by striking ``annual leave accrued''
and inserting ``annual or sick leave accrued'';
and
(ii) by striking ``annual leave account''
and inserting ``annual or sick leave account
(as applicable)''.
(C) Table of contents.--The table of sections for
chapter 63 of title 5, United States Code, is amended
by inserting after the item relating to section 6338
the following:
``6338a. Sick leave.''.
(b) Leave Bank Program.--
(1) In general.--Subchapter IV of chapter 63 of title 5,
United States Code, is amended by inserting after section 6371
the following:
``Sec. 6371a. Sick leave
``(a) The Office of Personnel Management shall by regulation modify
the program established under the preceding provisions of this
subchapter so as to permit, in addition to annual leave, the
contribution and use of sick leave.
``(b) To the extent feasible, the terms and conditions governing
the contribution and use of sick leave under the regulations shall be
the same as those governing the contribution and use of annual leave
under the preceding provisions of this subchapter, subject to the
following:
``(1) Sick leave may not be used in connection with any
purpose for which accrued sick leave could not be used by the
leave recipient under subchapter I.
``(2) Sick leave may be contributed instead of annual leave
in order to satisfy, in whole or in part, the requirements of
section 6366(a)(2)(A).
``(3) Sick leave received under this subchapter may not be
used before the exhaustion requirement under section 6367(c)
has been met.
``(4) Nothing in this section shall affect the maximum
amount of sick leave or annual leave which may be accrued by a
leave recipient while using leave received under this
subchapter in connection with a particular medical emergency.
``(5) An employee who donates sick leave pursuant to this
section shall not be conferred any benefit (including an
appointment, promotion, or compensation) in connection of such
donation.''.
(2) Technical and conforming amendments.--
(A) Prohibition of coercion.--Section 6370(a) of
title 5, United States Code, is amended by striking
``annual leave'' and inserting ``annual or sick
leave''.
(B) Excepted agencies.--Section 6372(c)(1) of such
title is amended by striking ``annual leave accrued''
and inserting ``annual or sick leave accrued''.
(C) Table of contents.--The table of sections for
chapter 63 of title 5, United States Code, is amended
by inserting after the item relating to section 6371
the following:
``6371a. Sick leave.''.
(c) Effective Date.--Regulations required to be prescribed by the
Office of Personnel Management under the amendments made by this
section shall become effective not later than 90 days after the date of
enactment of such section. | Federal Employees Leave Transfer Act of 2011 - Directs the Office of Personnel Management (OPM) to modify by regulation the program for voluntary transfer of unused leave to allow federal employees to transfer unused sick leave and contribute such leave to agency leave banks for the use of other employees, on the same basis as is allowed for annual leave. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to permit the transfer of sick leave in leave-transfer programs, and for other purposes."} | 1,204 | 72 | 0.557546 | 1.326886 | 0.83542 | 1.71875 | 16.5625 | 0.78125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Gas Gathering Enhancement
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) record volumes of natural gas production in the United
States as of the date of enactment of this Act are providing
enormous benefits to the United States, including by--
(A) reducing the need for imports of natural gas,
thereby directly reducing the trade deficit;
(B) strengthening trade ties among the United
States, Canada, and Mexico;
(C) providing the opportunity for the United States
to join the emerging global gas trade through the
export of liquefied natural gas;
(D) creating and supporting millions of new jobs
across the United States;
(E) adding billions of dollars to the gross
domestic product of the United States every year;
(F) generating additional Federal, State, and local
government tax revenues; and
(G) revitalizing the manufacturing sector by
providing abundant and affordable feedstock;
(2) large quantities of natural gas are lost due to venting
and flaring, primarily in areas where natural gas
infrastructure has not been developed quickly enough, such as
States with large quantities of Federal land and Indian land;
(3) permitting processes can hinder the development of
natural gas infrastructure, such as pipeline lines and
gathering lines on Federal land and Indian land; and
(4) additional authority for the Secretary of the Interior
to approve natural gas pipelines and gathering lines on Federal
land and Indian land would--
(A) assist in bringing gas to market that would
otherwise be vented or flared; and
(B) significantly increase royalties collected by
the Secretary of the Interior and disbursed to Federal,
State, and tribal governments and individual Indians.
SEC. 3. AUTHORITY TO APPROVE NATURAL GAS PIPELINES.
Section 1 of the Act of February 15, 1901 (31 Stat. 790, chapter
372; 16 U.S.C. 79) is amended by inserting ``, for natural gas
pipelines'' after ``distribution of electrical power''.
SEC. 4. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND
INDIAN LAND.
(a) In General.--Subtitle B of title III of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 685) is amended by adding at the
end the following:
``SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND
AND INDIAN LAND.
``(a) Definitions.--In this section:
``(1) Gas gathering line and associated field compression
unit.--
``(A) In general.--The term `gas gathering line and
associated field compression unit' means--
``(i) a pipeline that is installed to
transport natural gas production associated
with 1 or more wells drilled and completed to
produce crude oil; and
``(ii) if necessary, a compressor to raise
the pressure of that transported natural gas to
higher pressures suitable to enable the gas to
flow into pipelines and other facilities.
``(B) Exclusions.--The term `gas gathering line and
associated field compression unit' does not include a
pipeline or compression unit that is installed to
transport natural gas from a processing plant to a
common carrier pipeline or facility.
``(2) Federal land.--
``(A) In general.--The term `Federal land' means
land the title to which is held by the United States.
``(B) Exclusions.--The term `Federal land' does not
include--
``(i) a unit of the National Park System;
``(ii) a unit of the National Wildlife
Refuge System; or
``(iii) a component of the National
Wilderness Preservation System.
``(3) Indian land.--The term `Indian land' means land the
title to which is held by--
``(A) the United States in trust for an Indian
tribe or an individual Indian; or
``(B) an Indian tribe or an individual Indian
subject to a restriction by the United States against
alienation.
``(b) Certain Natural Gas Gathering Lines.--
``(1) In general.--Subject to paragraph (2), the issuance
of a sundry notice or right-of-way for a gas gathering line and
associated field compression unit that is located on Federal
land or Indian land and that services any oil well shall be
considered to be an action that is categorically excluded (as
defined in section 1508.4 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
Act)) for purposes of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) if the gas gathering line and
associated field compression unit are--
``(A) within a field or unit for which an approved
land use plan or an environmental document prepared
pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) analyzed transportation
of natural gas produced from 1 or more oil wells in
that field or unit as a reasonably foreseeable
activity; and
``(B) located adjacent to an existing disturbed
area for the construction of a road or pad.
``(2) Applicability.--
``(A) Federal land.--Paragraph (1) shall not apply
to Federal land, or a portion of Federal land, for
which the Governor of the State in which the Federal
land is located submits to the Secretary of the
Interior or the Secretary of Agriculture, as
applicable, a written request that paragraph (1) not
apply to that Federal land (or portion of Federal
land).
``(B) Indian land.--Paragraph (1) shall apply to
Indian land, or a portion of Indian land, for which the
Indian tribe with jurisdiction over the Indian land
submits to the Secretary of the Interior a written
request that paragraph (1) apply to that Indian land
(or portion of Indian land).
``(c) Effect on Other Law.--Nothing in this section affects or
alters any requirement--
``(1) relating to prior consent under--
``(A) section 2 of the Act of February 5, 1948 (25
U.S.C. 324); or
``(B) section 16(e) of the Act of June 18, 1934 (25
U.S.C. 476(e)) (commonly known as the `Indian
Reorganization Act'); or
``(2) under any other Federal law (including regulations)
relating to tribal consent for rights-of-way across Indian
land.''.
(b) Assessments.--Title XVIII of the Energy Policy Act of 2005
(Public Law 109-58; 119 Stat. 1122) is amended by adding at the end the
following:
``SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESSMENTS.
``(a) Definition of Gas Gathering Line and Associated Field
Compression Unit.--In this section, the term `gas gathering line and
associated field compression unit' has the meaning given the term in
section 319.
``(b) Study.--Not later than 1 year after the date of enactment of
the Natural Gas Gathering Enhancement Act, the Secretary of the
Interior, in consultation with other appropriate Federal agencies,
States, and Indian tribes, shall conduct a study to identify--
``(1) any actions that may be taken, under Federal law
(including regulations), to expedite permitting for gas
gathering lines and associated field compression units that are
located on Federal land or Indian land, for the purpose of
transporting natural gas associated with crude oil production
on any land to a processing plant or a common carrier pipeline
for delivery to markets; and
``(2) any proposed changes to Federal law (including
regulations) to expedite permitting for gas gathering lines and
associated field compression units that are located on Federal
land or Indian land, for the purpose of transporting natural
gas associated with crude oil production on any land to a
processing plant or a common carrier pipeline for delivery to
markets.
``(c) Report.--Not later than 180 days after the date of enactment
of the Natural Gas Gathering Enhancement Act, and every 180 days
thereafter, the Secretary of the Interior, in consultation with other
appropriate Federal agencies, States, and Indian tribes, shall submit
to Congress a report that describes--
``(1) the progress made in expediting permits for gas
gathering lines and associated field compression units that are
located on Federal land or Indian land, for the purpose of
transporting natural gas associated with crude oil production
on any land to a processing plant or a common carrier pipeline
for delivery to markets; and
``(2) any issues impeding that progress.''.
(c) Technical Amendments.--
(1) Section 1(b) of the Energy Policy Act of 2005 (Public
Law 109-58; 119 Stat. 594) is amended by adding at the end of
subtitle B of title III the following:
``Sec. 319. Natural gas gathering lines located on Federal land and
Indian land.''.
(2) Section 1(b) of the Energy Policy Act of 2005 (Public
Law 109-58; 119 Stat. 594) is amended by adding at the end of
title XXVIII the following:
``Sec. 1841. Natural gas gathering system assessments.''.
SEC. 5. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE
MINERAL LEASING ACT.
Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by
adding at the end the following:
``(z) Natural Gas Gathering Lines.--The Secretary of the Interior
or other appropriate agency head shall issue a sundry notice or right-
of-way for a gas gathering line and associated field compression unit
(as defined in section 319(a) of the Energy Policy Act of 2005) that is
located on Federal lands--
``(1) for a gas gathering line and associated field
compression unit described in section 319(b) of the Energy
Policy Act of 2005, not later than 30 days after the date on
which the applicable agency head receives the request for
issuance; and
``(2) for all other gas gathering lines and associated
field compression units, not later than 60 days after the date
on which the applicable agency head receives the request for
issuance.''.
SEC. 6. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE
FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976.
Section 504 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1764) is amended by adding at the end the following:
``(k) Natural Gas Gathering Lines.--The Secretary concerned shall
issue a sundry notice or right-of-way for a gas gathering line and
associated field compression unit (as defined in section 319(a) of the
Energy Policy Act of 2005) that is located on public lands--
``(1) for a gas gathering line and associated field
compression unit described in section 319(b) of the Energy
Policy Act of 2005, not later than 30 days after the date on
which the applicable agency head receives the request for
issuance; and
``(2) for all other gas gathering lines and associated
field compression units, not later than 60 days after the date
on which the applicable agency head receives the request for
issuance.''. | Natural Gas Gathering Enhancement Act - Authorizes the Secretary of the Interior to permit the use of rights of way for natural gas pipelines through public lands, forest, and other reservations of the United States, and specified national parks in California. Defines "gas gathering line and associated field compression unit" as: (1) a pipeline installed to transport natural gas production associated with one or more wells drilled and completed to produce crude oil; and (2) if necessary, a compressor to raise the pressure of that transported natural gas to higher pressures suitable to enable the gas to flow into pipelines and other facilities. Excludes from such definition any pipeline or compression unit installed to transport natural gas from a processing plant to a common carrier pipeline or facility. Excludes from federal lands, for purposes of gas gathering line and associated field compression units, any unit of the National Park System, any unit of the National Wildlife Refuge System, or a component of the National Wilderness Preservation System. Deems the issuance of a sundry notice or right-of-way for a gas gathering line and associated field compression unit located on federal or Indian land and servicing an oil well to be an action categorically excluded for purposes of the National Environmental Policy Act of 1969 (NEPA), if the line and the compression unit: (1) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to NEPA analyzed transportation of natural gas produced from one or more oil wells in that field or unit as a reasonably foreseeable activity, and (2) are located adjacent to an existing disturbed area for the construction of a road or pad. (A "categorical exclusion" is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an environmental assessment nor an environmental impact statement is required.) Declares this categorical exclusion inapplicable if the governor of the state in which the federal land is located requests in writing that it be waived. Applies the categorical exclusion to Indian land for which the Indian tribe with jurisdiction over the land requests in writing that it be applied. Amends the Energy Policy Act of 2005 to direct the Secretary to study permissible actions or proposed changes to federal law which would expedite permitting for gas gathering lines and associated field compression units on federal or Indian land to transport natural gas associated with crude oil production, on any land, to a processing plant or a common carrier pipeline for delivery to markets. Amends the Mineral Leasing Act and the Federal Land Policy and Management Act of 1976 to direct the appropriate agency head to issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit located on federal or public lands: (1) within 30 days after receiving the request for a line and compression unit described in this Act, and (2) within 60 days after receiving a request for all other lines and compression units. | {"src": "billsum_train", "title": "Natural Gas Gathering Enhancement Act"} | 2,590 | 672 | 0.464616 | 1.554919 | 0.651748 | 4.426396 | 3.961083 | 0.879865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer-Teacher Protection Act of
2004''.
SEC. 2. REDUCTION OF THE SPECIAL ALLOWANCE FOR LOANS FROM THE PROCEEDS
OF TAX EXEMPT ISSUES.
Section 438(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C.
1087-1(b)(2)(B)) is amended--
(1) in clause (i), by striking ``this division'' and
inserting ``this clause'';
(2) in clause (ii), by striking ``division (i) of this
subparagraph'' and inserting ``clause (i) of this
subparagraph'';
(3) in clause (iv), by inserting ``or refunded on or after
October 1, 2004 and before October 1, 2005,'' after ``October
1, 1993,''; and
(4) by adding at the end the following new clause:
``(v) Notwithstanding clauses (i) and (ii),
the quarterly rate of the special allowance
shall be the rate determined under subparagraph
(A), (E), (F), (G), (H), or (I) of this
paragraph, or paragraph (4), as the case may
be, for a holder of loans that--
``(I) were made or purchased with
funds--
``(aa) obtained from the
issuance of obligations the
income from which is excluded
from gross income under the
Internal Revenue Code of 1986
and which obligations were
originally issued before
October 1, 1993; or
``(bb) obtained from
collections or default
reimbursements on, or interests
or other income pertaining to,
eligible loans made or
purchased with funds described
in division (aa), or from
income on the investment of
such funds; and
``(II) were--
``(aa) financed by such an
obligation that has matured, or
been retired or defeased;
``(bb) refinanced on or
after October 1, 2004 and
before October 1, 2005, with
funds obtained from a source
other than funds described in
subclause (I) of this clause;
or
``(cc) sold or transferred
to any other holder on or after
October 1, 2004 and before
October 1, 2005.''.
SEC. 3. LOAN FORGIVENESS FOR TEACHERS.
(a) Implementing Highly Qualified Teacher Requirements.--
(1) Amendments.--
(A) FFEL loans.--Section 428J(b)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1078-10(b)(1)) is
amended--
(i) in subparagraph (A), by inserting
``and'' after the semicolon; and
(ii) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) if employed as an elementary school or
secondary school teacher, is highly qualified as
defined in section 9101 of the Elementary Secondary
Education Act of 1965; and''.
(B) Direct loans.--Section 460(b)(1)(A) of the
Higher Education Act of 1965 (20 U.S.C. 1087j(b)(1)(A))
is amended--
(i) in clause (i), by inserting ``and''
after the semicolon; and
(ii) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) if employed as an elementary school
or secondary school teacher, is highly
qualified as defined in section 9101 of the
Elementary and Secondary Education Act of 1965;
and''.
(2) Transition rule.--
(A) Rule.--The amendments made by paragraph (1) of
this subsection to sections 428J(b)(1) and 460(b)(1)(A)
of the Higher Education Act of 1965 shall not be
applied to disqualify any individual who, before the
date of enactment of this Act, commenced service that
met and continues to meet the requirements of such
sections as such sections were in effect on the day
before the date of enactment of this Act.
(B) Rule not applicable to increased qualified loan
amounts.--Subparagraph (A) of this paragraph shall not
apply for purposes of obtaining increased qualified
loan amounts under sections 428J(c)(3) and 460(c)(3) of
the Higher Education Act of 1965 as added by subsection
(b) of this section.
(b) Additional Amounts Eligible to Be Repaid.--
(1) FFEL loans.--Section 428J(c) of the Higher Education
Act of 1965 (20 U.S.C. 1078-10(c)) is amended by adding at the
end the following:
``(3) Additional amounts for teachers in mathematics,
science, or special education.--Notwithstanding the amount
specified in paragraph (1), the aggregate amount that the
Secretary shall repay under this section shall be not more than
$17,500 in the case of--
``(A) a secondary school teacher--
``(i) who meets the requirements of
subsection (b); and
``(ii) whose qualifying employment for
purposes of such subsection is teaching
mathematics or science on a full-time basis;
and
``(B) an elementary school or secondary school
teacher--
``(i) who meets the requirements of
subsection (b);
``(ii) whose qualifying employment for
purposes of such subsection is as a special
education teacher whose primary responsibility
is to provide special education to children
with disabilities (as those terms are defined
in section 602 of the Individuals with
Disabilities Education Act); and
``(iii) who, as certified by the chief
administrative officer of the public or non-
profit private elementary school or secondary
school in which the borrower is employed, is
teaching children with disabilities that
corresponds with the borrower's special
education training and has demonstrated
knowledge and teaching skills in the content
areas of the elementary school or secondary
school curriculum that the borrower is
teaching.''.
(2) Direct loans.--Section 460(c) of the Higher Education
Act of 1965 (20 U.S.C. 1087j(c)) is amended by adding at the
end the following:
``(3) Additional amounts for teachers in mathematics,
science, or special education.--Notwithstanding the amount
specified in paragraph (1), the aggregate amount that the
Secretary shall cancel under this section shall be not more
than $17,500 in the case of--
``(A) a secondary school teacher--
``(i) who meets the requirements of
subsection (b)(1); and
``(ii) whose qualifying employment for
purposes of such subsection is teaching
mathematics or science on a full-time basis;
and
``(B) an elementary school or secondary school
teacher--
``(i) who meets the requirements of
subsection (b)(1);
``(ii) whose qualifying employment for
purposes of such subsection is as a special
education teacher whose primary responsibility
is to provide special education to children
with disabilities (as those terms are defined
in section 602 of the Individuals with
Disabilities Education Act); and
``(iii) who, as certified by the chief
administrative officer of the public or non-
profit private elementary school or secondary
school in which the borrower is employed, is
teaching children with disabilities that
corresponds with the borrower's special
education training and has demonstrated
knowledge and teaching skills in the content
areas of the elementary school or secondary
school curriculum that the borrower is
teaching.''.
(3) Effective date.--The amendments made by this subsection
shall apply only with respect to eligible individuals who are
new borrowers on or after October 1, 1998, and before October
1, 2005. | Taxpayer-Teacher Protection Act of 2004 - Amends the Higher Education Act of 1965 to: (1) reduce certain special allowance payments to holders of student loans; and (2) provide for additional amounts of student loan forgiveness for certain elementary or secondary school teachers of mathematics, science, or special education. | {"src": "billsum_train", "title": "A bill to reduce the special allowance for loans from the proceeds of tax exempt issues, and to provide additional loan forgiveness for teachers who teach mathematics, science, or special education."} | 1,719 | 64 | 0.484695 | 1.219413 | 0.409598 | 2.627119 | 26.711864 | 0.864407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firefighter Fatality Reduction Act
of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Each year in the United States, over 100 firefighters
die in the line of duty, while an additional tens of thousands
of firefighters are injured.
(2) The Federal Government has a vested interest in
protecting firefighter health and safety, as it relies on local
fire departments to efficiently and effectively implement the
National Response Framework in the response to major disasters.
(3) Adequate training, proper personal protective
equipment, safe staffing levels, safe operating procedures, and
physical and mental fitness of firefighters can reduce
avoidable firefighter fatalities.
(4) The fire services, in conjunction with Government
agencies and interested private-sector parties, has partnered
with standards-making bodies to develop national voluntary
consensus standards for safe fire department operations and
fire fighting capabilities.
(5) Such standards are widely respected and promoted by all
facets of the fire service to better ensure firefighter health
and safety.
(6) Through its Firefighter Fatality Investigation and
Prevention Program, the National Institute for Occupational
Safety and Health has identified the failure to follow specific
national voluntary consensus standards as a contributing factor
in many firefighter deaths.
(7) A comprehensive accounting of fire department
compliance with national voluntary consensus standards would
help policy makers seeking to enhance public safety and reduce
avoidable firefighter fatalities.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``national voluntary consensus standards''
means the most recently issued edition of the national
voluntary consensus standards for firefighter and fire
department staffing, training, safe operations, personal
protective equipment, and fitness available on the date of
enactment of this Act;
(2) the term ``Secretary'' means the Secretary of Homeland
Security; and
(3) the term ``Task Force'' means the Task Force to Enhance
Firefighter Safety established under section 5(a).
SEC. 4. SURVEY BY THE DEPARTMENT OF HOMELAND SECURITY.
(a) Survey Required.--Not later than 120 days after the date of
enactment of this Act, the Secretary, in consultation with the Task
Force, shall begin to conduct a survey of each career, volunteer, and
combination fire department located in the United States in order to
ascertain whether each such fire department is in compliance with
national voluntary consensus standards.
(b) Contents of Survey.--In conducting the survey, the Secretary
shall--
(1) ascertain the rates of compliance with national
voluntary consensus standards of--
(A) paid, volunteer, and combination fire
departments;
(B) fire departments located in communities of
varying sizes; and
(C) fire departments in each of the States and
territories; and
(2) ascertain, for each fire department in the United
States, compliance with national voluntary consensus standards
for staffing, training, safe operations, personal protective
equipment, and fitness.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report--
(1) containing a summary of the findings of the survey
required under subsection (a); and
(2) that includes an accounting of fire department
compliance with national voluntary consensus standards as
described in subsection (b)(1).
SEC. 5. ESTABLISHMENT OF TASK FORCE TO ENHANCE FIREFIGHTER SAFETY.
(a) Establishment.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall establish a task force to be
known as the ``Task Force to Enhance Firefighter Safety''.
(b) Membership.--
(1) In general.--Members of the Task Force shall be
appointed by the Secretary from among the general public and
shall include--
(A) representatives of national organizations
representing firefighters and fire chiefs;
(B) individuals representing standards-setting and
accrediting organizations, including representatives
from the voluntary consensus codes and standards
development community; and
(C) other individuals as the Secretary determines
to be appropriate.
(2) Representatives of other departments and agencies.--The
Secretary may invite representatives of other Federal
departments and agencies that have an interest in the fire
service to participate in the meetings and other activities of
the Task Force.
(3) Number; terms of service; pay and allowances.--The
Secretary shall determine the number, terms of service, and pay
and allowances of members of the Task Force appointed by the
Secretary, except that a term of service of any such member may
not exceed 2 years.
(c) Responsibilities.--The Task Force shall--
(1) consult with the Secretary to conduct the survey
required under section 4; and
(2) develop a plan to enhance firefighter safety by
increasing fire department compliance with national voluntary
consensus standards for staffing, training, safe operations,
personal protective equipment, and fitness, including by--
(A) reviewing and evaluating the report required
under section 4 to determine the extent of and barriers
to achieving compliance with national voluntary
consensus standards among fire departments; and
(B) considering ways in which the Federal
Government, States, and local governments can promote,
encourage, or require fire departments to comply with
national voluntary consensus standards.
(d) Report to Congress.--Not later than 6 months after the date on
which the Secretary submits the report required under section 4(c), the
Task Force shall submit to Congress and the Secretary a report
containing the findings and recommendations of the Task Force together
with the plan described in subsection (c)(2). | Firefighter Fatality Reduction Act of 2009 - Directs the Secretary of Homeland Security to conduct a survey of, and report to Congress on, the compliance of fire departments in the United States with national voluntary consensus standards for staffing, training, safe operations, personal protective equipment, and fitness.
Requires the Secretary to establish a Task Force to Enhance Firefighter Safety to: (1) consult with the Secretary to conduct such survey; and (2) develop a plan to enhance firefighter safety by increasing compliance with such standards, including by reviewing and evaluating the report to determine the extent of and barriers to achieving compliance and by considering ways the federal government, states, and local governments can promote, encourage, or require compliance. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Homeland Security to conduct a survey to determine the level of compliance with national voluntary consensus standards and any barriers to achieving compliance with such standards, and for other purposes."} | 1,204 | 154 | 0.677102 | 1.938539 | 0.749801 | 5.144928 | 8.347826 | 0.985507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poison Center Network Enhancement
Act of 2018''.
SEC. 2. REAUTHORIZATION OF POISON CONTROL CENTERS NATIONAL TOLL-FREE
NUMBER.
Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71)
is amended to read as follows:
``SEC. 1271. ESTABLISHMENT AND MAINTENANCE OF THE NATIONAL TOLL-FREE
NUMBER AND ENHANCED COMMUNICATIONS CAPABILITIES.
``(a) In General.--The Secretary shall provide coordination and
assistance to poison control centers for--
``(1) the development, establishment, implementation, and
maintenance of a nationwide toll-free phone number; and
``(2) the enhancement of communications capabilities, which
may include text capabilities.
``(b) Consultation.--The Secretary may consult with nationally
recognized professional organizations in the field of poison control to
determine the best and most effective means of achieving the goals
described in paragraphs (1) and (2) of subsection (a).
``(c) Rule of Construction.--In assisting with public health
emergencies, responses, or preparedness, nothing in this section shall
be construed to restrict the work of poison control centers or the use
of their resources by the Secretary or other governmental agencies.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $700,000 for each of fiscal
years 2019 through 2023.''.
SEC. 3. REAUTHORIZATION OF NATIONWIDE PUBLIC AWARENESS CAMPAIGN TO
PROMOTE POISON CONTROL CENTER UTILIZATION.
Section 1272 of the Public Health Service Act (42 U.S.C. 300d-72)
is amended to read as follows:
``SEC. 1272. NATIONWIDE PUBLIC AWARENESS CAMPAIGN TO PROMOTE POISON
CONTROL CENTER UTILIZATION AND THEIR PUBLIC HEALTH
EMERGENCY RESPONSE CAPABILITIES.
``(a) In General.--The Secretary shall--
``(1) carry out, and expand upon, a national public
awareness campaign to educate the public and health care
providers about--
``(A) poisoning, toxic exposure, and drug misuse
prevention; and
``(B) the availability of poison control center
resources in local communities; and
``(2) as part of such campaign, highlight the nationwide
toll-free number and enhanced communications capabilities
supported under section 1271.
``(b) Consultation.--In carrying out and expanding upon the
national campaign under subsection (a), the Secretary may consult with
nationally recognized professional organizations in the field of poison
control response for the purpose of determining the best and most
effective methods for achieving public awareness.
``(c) Contract With Entity.--The Secretary may carry out subsection
(a) by entering into contracts with one or more public or private
entities, including nationally recognized professional organizations in
the field of poison control and national media firms, for the
development and implementation of the awareness campaign under
subsection (a), which may include--
``(1) the development and distribution of poisoning and
toxic exposure prevention, poison control center, and public
health emergency awareness and response materials;
``(2) television, radio, internet, and newspaper public
service announcements; and
``(3) other means and activities to provide for public and
professional awareness and education.
``(d) Evaluation.--The Secretary shall--
``(1) establish baseline measures and benchmarks to
quantitatively evaluate the impact of the nationwide public
awareness campaign carried out under this section; and
``(2) on a biennial basis, prepare and submit to the
appropriate committees of Congress an evaluation of the
nationwide public awareness campaign.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $800,000 for each of fiscal
years 2019 through 2023.''.
SEC. 4. REAUTHORIZATION OF THE POISON CONTROL CENTER GRANT PROGRAM.
Section 1273 of the Public Health Service Act (42 U.S.C. 300d-73)
is amended to read as follows:
``SEC. 1273. MAINTENANCE OF THE POISON CONTROL CENTER GRANT PROGRAM.
``(a) Authorization of Program.--The Secretary shall award grants
to poison control centers accredited under subsection (c) (or granted a
waiver under subsection (d)) and nationally recognized professional
organizations in the field of poison control for the purposes of--
``(1) preventing, and providing treatment recommendations
for, poisonings and toxic exposures including opioid and drug
misuse;
``(2) assisting with public health emergencies, responses,
and preparedness; and
``(3) complying with the operational requirements needed to
sustain the accreditation of the center under subsection (c).
``(b) Additional Uses of Funds.--In addition to the purposes
described in subsection (a), a poison center or professional
organization awarded a grant under such subsection may also use amounts
received under such grant--
``(1) to research, establish, implement, and evaluate best
practices in the United States for poisoning prevention, poison
control center outreach, opioid and drug misuse information and
response, and public health emergency, response, and
preparedness programs;
``(2) to research, develop, implement, revise, and
communicate standard patient management guidelines for commonly
encountered toxic exposures;
``(3) to improve national toxic exposure and opioid misuse
surveillance by enhancing cooperative activities between poison
control centers in the United States and the Centers for
Disease Control and Prevention and other governmental agencies;
``(4) to research, improve, and enhance the communications
and response capability and capacity of the Nation's network of
poison control centers to facilitate increased access to the
centers through the integration and modernization of the
current poison control centers communications and data system,
including enhancing the network's telephony, internet, data,
and social networking technologies;
``(5) to develop, support, and enhance technology and
capabilities of nationally recognized professional
organizations in the field of poison control to collect
national poisoning, toxic occurrence, and related public health
data;
``(6) to develop initiatives to foster the enhanced public
health utilization of national poison data collected by such
organizations;
``(7) to support and expand the toxicologic expertise
within poison control centers; and
``(8) to improve the capacity of poison control centers to
answer high volumes of contacts and internet communications,
and to sustain and enhance the poison control center's network
capability to respond during times of national crisis or other
public health emergencies.
``(c) Accreditation.--Except as provided in subsection (d), the
Secretary may award a grant to a poison control center under subsection
(a) only if--
``(1) the center has been accredited by a nationally
recognized professional organization in the field of poison
control, and the Secretary has approved the organization as
having in effect standards for accreditation that reasonably
provide for the protection of the public health with respect to
poisoning; or
``(2) the center has been accredited by a State government,
and the Secretary has approved the State government as having
in effect standards for accreditation that reasonably provide
for the protection of the public health with respect to
poisoning.
``(d) Waiver of Accreditation Requirements.--
``(1) In general.--The Secretary may grant a waiver of the
accreditation requirements of subsection (c) with respect to a
nonaccredited poison control center that applies for a grant
under this section if such center can reasonably demonstrate
that the center will obtain such an accreditation within a
reasonable period of time as determined appropriate by the
Secretary.
``(2) Renewal.--The Secretary may renew a waiver under
paragraph (1).
``(3) Limitation.--The Secretary may not, after the date of
enactment of the Poison Control Network Enhancement Act of
2018, grant to a poison control center waivers or renewals that
total more than 5 years.
``(e) Supplement Not Supplant.--Amounts made available to a poison
control center under this section shall be used to supplement and not
supplant other Federal, State, or local funds provided for such center.
``(f) Maintenance of Effort.--A poison control center, in utilizing
the proceeds of a grant under this section, shall maintain the annual
recurring expenditures of the center for its activities at a level that
is not less than 80 percent of the average level of such recurring
expenditures maintained by the center for the preceding 3 fiscal years
for which a grant is received.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $28,600,000 for each of fiscal
years 2019 through 2023. The Secretary may utilize an amount not to
exceed 6 percent of the amount appropriated pursuant to the preceding
sentence for each fiscal year for coordination, dissemination,
technical assistance, program evaluation, data activities, and other
program administration functions, which are determined by the Secretary
to be appropriate for carrying out the program under this section.''.
Passed the House of Representatives June 12, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Poison Center Network Enhancement Act of 2018 This bill amends the Public Health Service Act to reauthorize for FY2020-FY2024 and revise the national toll-free phone number, public awareness campaign, and grant program relating to poison control centers. Among other changes, the bill: supports enhancements of the national toll-free phone number, such as texting capabilities and improved location accuracy; expands the public awareness campaign to include education about information that is available from poison control centers regarding drug misuse; and authorizes poison control centers and professional organizations to use grant funds for preventing and treating the misuse of opioids and other drugs. | {"src": "billsum_train", "title": "Poison Center Network Enhancement Act of 2018"} | 2,051 | 140 | 0.621924 | 1.530824 | 0.637846 | 2.025641 | 15.923077 | 0.794872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Law Enforcement Officers
Memorial Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) Five Dollar Gold Coins.--The Secretary of the Treasury
(hereafter referred to as the ``Secretary'') shall issue not more than
200,000 five dollar coins, which shall--
(1) weigh 8.859 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(b) One Dollar Silver Coins.--The Secretary shall issue not more
than 750,000 one dollar coins which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(c) Design.--The design of coins authorized to be minted under this
Act shall be emblematic of the National Law Enforcement Officers
Memorial. On each such coin there shall be a designation of the value
of the coin, an inscription of the year ``1994'', and inscriptions of
the words ``Liberty'', ``In God We Trust'', ``United States of
America'', and ``E Pluribus Unum''.
(d) Legal Tender.--The coins issued under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
(e) Numismatic Items.--For purposes of section 5132(a)(1) of title
31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 3. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under existing law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act only from stockpiles established under the Strategic and
Critical Minerals Stock Piling Act.
SEC. 4. SELECTION OF DESIGN.
The design for each coin authorized by this Act shall be--
(1) selected by the Secretary after consultation with the
National Law Enforcement Officers Memorial Fund, Inc., the
Secretary of the Interior, and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Advisory
Committee.
SEC. 5. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
at least equal to the cost of bullion, plus the cost of designing and
issuing such coins (including labor, materials, dies, use of machinery,
overhead expenses, marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales at a
reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins prior to the issuance of such coins. Sales under this
subsection shall be at a reasonable discount.
(d) Surcharge Required.--All sales shall include a surcharge of $35
per coin for the five dollar coins and $7 per coin for the one dollar
coins.
SEC. 6. ISSUANCE OF THE COINS.
(a) Period for Issuance.--The coins authorized under this Act shall
be issued only through the end of calendar year 1994.
(b) Proof and Uncirculated Coins.--The coins authorized under this
Act shall be issued in uncirculated and proof qualities, and not more
than 1 facility of the United States Mint may be used to strike any
particular combination of denomination and quality.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this title.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this title
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
The total amount of surcharges received by the Secretary from the
sale of coins under this Act shall be promptly paid by the Secretary to
the Fund established under section 11.
SEC. 9. AUDITS.
The Comptroller General shall have the right to examine such books,
records, documents, and other data of the National Park Service as may
be related to the expenditure of amounts paid under section 8.
SEC. 10. FINANCIAL ASSURANCES.
(a) No Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that the minting and issuance of
the coins under this Act shall not result in any net cost to the
Federal Government.
(b) Payment.--No coin shall be issued under this Act unless the
Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution the deposits of which
are insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration.
SEC. 11. NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND.
(a) Establishment.--There is hereby established the National Law
Enforcement Officers Memorial Maintenance Fund (hereafter referred to
as the ``Fund''), which shall be a revolving fund, to be administered
by the Secretary of the Interior. Monies for the Fund shall be raised
through surcharges paid to the Fund pursuant to section 8. The
Secretary of the Interior may accept donations for the Fund. The Fund
shall be maintained in an interest bearing account within the
Department of the Treasury.
(b) Purposes.--The Fund shall be used--
(1) for maintenance and repair of the National Law
Enforcement Officers Memorial;
(2) to add to the Memorial the names of law enforcement
officers who have died in the line of duty;
(3) for security of the Memorial site, to include the
posting of National Park Service rangers and United States Park
Police, as appropriate;
(4) at the discretion of the Secretary of the Interior and
in consultation with the Secretary of the Treasury and the
Attorney General of the United States, who shall establish an
equitable procedure between the Fund and such other
organizations as may be appropriate, to provide educational
scholarships to the immediate family members of law enforcement
officers killed in the line of duty whose names appear on the
Memorial, the total amount of such scholarships not to exceed
10 percent of the Fund's annual income;
(5) for the dissemination of information regarding the
Memorial to the general public; and
(6) to administer the Fund, including contracting for
necessary services, in an amount not to exceed the lesser of--
(A) 10 percent of the Fund's annual income; or
(B) $200,000 in any 1-year period.
(c) Budget and Audit Treatment.--The Fund shall be subject to the
budget and audit provisions of chapter 91 of title 31, United States
Code. | National Law Enforcement Officers Memorial Coin Act - Directs the Secretary of the Treasury to issue gold and silver coins emblematic of the National Law Enforcement Officers Memorial.
Establishes the National Law Enforcement Officers Memorial Maintenance Fund to be administered by the Secretary of the Interior for Memorial-related purposes and to provide educational scholarships to the immediate family members of law enforcement officers killed in the line of duty whose names appear on the Memorial. | {"src": "billsum_train", "title": "National Law Enforcement Officers Memorial Coin Act"} | 1,562 | 89 | 0.519705 | 1.220875 | 0.345705 | 5.5 | 17.8125 | 0.975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dairy Augmentation for Increased
Retail in Yogurt products (DAIRY) Act''.
SEC. 2. ESTABLISHMENT OF DAIRY FARM SAVINGS ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 224
as section 225 and by inserting after section 223 the following new
section:
``SEC. 224. DAIRY FARM SAVINGS ACCOUNTS.
``(a) Deduction Allowed.--In the case of a qualified dairy farmer,
there shall be allowed as a deduction for the taxable year an amount
equal to the aggregate amount paid in cash during such taxable year by
or on behalf of such individual to a dairy farm savings account of such
individual.
``(b) Account Balance Limitation.--A deduction shall not be allowed
under subsection (a) with respect to any portion of a contribution to a
dairy farm savings account of an individual if such contribution would
result in the sum of the balances in all such accounts of such
individual to exceed 150 percent of the individual's 3-year average of
income derived from dairy farming.
``(c) Qualified Dairy Farmer.--For purposes of this section, the
term `qualified dairy farmer' means, with respect to any taxable year,
any individual who, during such year was engaged in the trade or
business of dairy farming.
``(d) Dairy Farm Savings Account.--For purposes of this section--
``(1) In general.--The term `dairy farm savings account'
means a trust created or organized in the United States as a
dairy farm savings account exclusively for the purpose of
making qualified distributions, but only if the written
governing instrument creating the trust meets the following
requirements:
``(A) Except in the case of a rollover contribution
described in subsection (f)(4), no contribution will be
accepted unless it is in cash.
``(B) The trustee is a bank (as defined in section
408(n)), an insurance company (as defined in section
816), or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in anything other than--
``(i) cash,
``(ii) securities issued by the United
States Treasury, or
``(iii) or such other low-risk, interest-
bearing securities as are approved by the
Secretary.
``(D) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(E) The interest of an individual in the balance
in his account is nonforfeitable.
``(2) Qualified distribution.--The term `qualified
distribution' means any amount paid from a dairy farm savings
account to the account beneficiary to the extent that such
amount when added to all other amounts paid from such accounts
to such beneficiary during the taxable year (other than
rollover contributions) does not exceed the excess (if any)
of--
``(A) 100 percent of such beneficiary's 3-year
average of income derived from dairy farming, over
``(B) such beneficiary's gross income derived from
dairy farming for the taxable year.
``(3) 3-year average of income derived from dairy
farming.--The term `3-year average of income derived from dairy
farming' means, with respect to any individual--
``(A) the sum of the individual's gross income
derived from dairy farming for the taxable year and the
2 preceding taxable years, divided by
``(B) the number of taxable years taken into
account under subparagraph (A) during which such
individual was engaged in the trade or business of
dairy farming.
``(4) Account beneficiary.--The term `account beneficiary'
means the individual on whose behalf the dairy farm savings
account was established.
``(5) Special rules; other rules.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 219(d)(2) (relating to no deduction
for rollovers).
``(B) Section 219(f)(3) (relating to time when
contributions deemed made).
``(C) Section 408(g) (relating to community
property laws).
``(D) Section 408(h) (relating to custodial
accounts).
``(e) Tax Treatment of Accounts.--
``(1) In general.--A dairy farm savings account is exempt
from taxation under this subtitle unless such account has
ceased to be a dairy farm savings account. Notwithstanding the
preceding sentence, any such account is subject to the taxes
imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable, etc. organizations).
``(2) Termination of accounts.--If the account beneficiary
ceases to engage in the trade or business of dairy farming--
``(A) all dairy farm savings accounts of such
individual shall cease to be such accounts, and
``(B) the balance of all such accounts shall be
treated as--
``(i) distributed to such individual, and
``(ii) not paid in a qualified
distribution.
``(3) Prohibited transactions; pledging account as
security.--Rules similar to the rules of paragraphs (2) and (4)
of section 408(e) shall apply to dairy farm savings accounts,
and any amount treated as distributed under such rules shall be
treated as not used to pay qualified distributions.
``(f) Tax Treatment of Distributions.--
``(1) In general.--Any amount paid or distributed out of a
dairy farm savings account (other than a rollover contribution
described in paragraph (4)) shall be included in gross income
of the account beneficiary in the manner provided under section
72. Rules similar to the rules of paragraphs (2) and (3)(H) of
section 408(d) shall apply for purposes of this paragraph.
``(2) Additional tax on non-qualified distributions.--
``(A) In general.--The tax imposed by this chapter
on the account beneficiary for any taxable year in
which there is a payment or distribution from a dairy
farm savings account of such beneficiary which is not a
qualified distribution shall be increased by 15 percent
of the amount of such payment or distribution which is
not a qualified distribution.
``(B) Exception for disability or death.--
Subparagraph (A) shall not apply if the payment or
distribution is made after the account beneficiary
becomes disabled within the meaning of section 72(m)(7)
or dies.
``(3) Excess contributions returned before due date of
return.--
``(A) In general.--If any excess contribution is
contributed for a taxable year to a dairy farm savings
account of an individual, paragraph (2) shall not apply
to distributions from the dairy farm savings accounts
of such individual (to the extent such distributions do
not exceed the aggregate excess contributions to all
such accounts of such individual for such year) if--
``(i) such distribution is received by the
individual on or before the last day prescribed
by law (including extensions of time) for
filing such individual's return for such
taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in the gross income of the individual for the
taxable year in which it is received.
``(B) Excess contribution.--For purposes of
subparagraph (A), the term `excess contribution' means
any contribution (other than a rollover contribution)
which is not deductible under this section.
``(4) Rollover contribution.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of subparagraphs (A) and (B).
``(A) In general.--For purposes of this section,
any amount paid or distributed from a dairy farm
savings account to the account beneficiary shall be
treated as a qualified distribution to the extent the
amount received is paid into a dairy farm savings
account for the benefit of such beneficiary not later
than the 60th day after the day on which the
beneficiary receives the payment or distribution.
``(B) Limitation.--This paragraph shall not apply
to any amount described in subparagraph (A) received by
an individual from a dairy farm savings account if, at
any time during the 1-year period ending on the day of
such receipt, such individual received any other amount
described in subparagraph (A) from a dairy farm savings
account which was not included in the individual's
gross income because of the application of this
paragraph.
``(5) Transfer of account incident to divorce.--The
transfer of an individual's interest in a dairy farm savings
account to an individual's spouse or former spouse under a
divorce or separation instrument described in subparagraph (A)
of section 71(b)(2) shall not be considered a taxable transfer
made by such individual notwithstanding any other provision of
this subtitle, and such interest shall, after such transfer, be
treated as a dairy farm savings account with respect to which
such spouse is the account beneficiary.
``(6) Treatment after death of account beneficiary.--
``(A) Treatment if designated beneficiary is
spouse.--If the account beneficiary's surviving spouse
acquires such beneficiary's interest in a dairy farm
savings account by reason of being the designated
beneficiary of such account at the death of the account
beneficiary, such dairy farm savings account shall be
treated as if the spouse were the account beneficiary.
``(B) Other cases.--
``(i) In general.--If, by reason of the
death of the account beneficiary, any person
acquires the account beneficiary's interest in
a dairy farm savings account in a case to which
subparagraph (A) does not apply--
``(I) such account shall cease to
be a dairy farm savings account as of
the date of death, and
``(II) an amount equal to the fair
market value of the assets in such
account on such date shall be included
if such person is not the estate of
such beneficiary, in such person's
gross income for the taxable year which
includes such date, or if such person
is the estate of such beneficiary, in
such beneficiary's gross income for the
last taxable year of such beneficiary.
``(ii) Deduction for estate taxes.--An
appropriate deduction shall be allowed under
section 691(c) to any person (other than the
decedent or the decedent's spouse) with respect
to amounts included in gross income under
clause (i) by such person.
``(g) Reports.--The Secretary may require the trustee of a dairy
farm savings account to make such reports regarding such account to the
Secretary and to the account beneficiary with respect to contributions,
distributions, and such other matters as the Secretary determines
appropriate. The reports required by this subsection shall be filed at
such time and in such manner and furnished to such individuals at such
time and in such manner as may be required by the Secretary.''.
(b) Deduction Allowed Whether or Not Individual Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (21) the following new paragraph:
``(22) Dairy farm savings accounts.--The deduction allowed
by section 224.''.
(c) Tax on Excess Contributions.--Section 4973 of such Code
(relating to tax on excess contributions to certain tax-favored
accounts and annuities) is amended--
(1) by striking ``or'' at the end of subsection (a)(4), by
inserting ``or'' at the end of subsection (a)(5), and by
inserting after subsection (a)(5) the following new paragraph:
``(6) a dairy farm savings account (within the meaning of
section 224(d)),''; and
(2) by adding at the end the following new subsection:
``(h) Excess Contributions to Dairy Farm Savings Accounts.--For
purposes of this section, in the case of dairy farm savings accounts
(within the meaning of section 224(d)), the term `excess contribution'
means the sum of--
``(1) the aggregate amount contributed for the taxable year
to the accounts (other than rollover contributions described in
section 224(f)(4)) which is not allowable as a deduction under
section 224 for such year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts with
respect to which additional tax was imposed under
section 224(f)(2), and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
deduction under section 224(b) for the taxable
year, over
``(ii) the amount contributed to the
accounts for the taxable year.
For purposes of this subsection, any contribution which
is distributed out of the dairy farm savings account in
a distribution to which section 224(f)(3) applies shall
be treated as an amount not contributed.''.
(d) Tax on Prohibited Transactions.--
(1) Section 4975(c) of such Code (relating to tax on
prohibited transactions) is amended by adding at the end the
following new paragraph:
``(7) Special rule for dairy farm savings accounts.--An
individual for whose benefit a dairy farm savings account
(within the meaning of section 224(d)) is established shall be
exempt from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be
taxable under this section) if, with respect to such
transaction, the account ceases to be a dairy farm savings
account by reason of the application of section 224(e)(2) to
such account.''.
(2) Section 4975(e)(1) of such Code is amended by
redesignating subparagraphs (F) and (G) as subparagraphs (G)
and (H), respectively, and by inserting after subparagraph (E)
the following new subparagraph:
``(F) a dairy farm savings account described in
section 224(d),''.
(e) Failure To Provide Reports on Dairy Farm Savings Accounts.--
Section 6693(a)(2) of such Code (relating to reports) is amended by
redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F),
respectively, and by inserting after subparagraph (C) the following new
subparagraph:
``(D) section 224(g) (relating to dairy farm
savings accounts),''.
(f) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 224 as relating to section 225 and by
inserting after the item relating to section 223 the following:
``Sec. 224. Dairy farm savings accounts.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Dairy Augmentation for Increased Retail in Yogurt products (DAIRY) Act - Amends the Internal Revenue Code to: (1) establish tax-exempt dairy farm savings accounts to allow taxpayers engaged in the trade or business of dairy farming to use distributions from such accounts to pay business expenses; (2) allow a deduction from gross income for cash contributions to such accounts; and (3) set forth tax rules relating to, and penalties for, account distributions, excess contributions, and prohibited transactions. | {"src": "billsum_train", "title": "Dairy Augmentation for Increased Retail in Yogurt products (DAIRY) Act"} | 3,451 | 108 | 0.556688 | 1.440627 | 0.832723 | 2.810526 | 33.221053 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clear Your Good Name Act''.
SEC. 2. REFERENCES IN FEDERAL RECORDS TO VOIDABLE ARRESTS.
(a) In General.--Any reference in any Federal law enforcement
agency record to an arrest of a person living after the effective date
of this Act, and any Federal law enforcement agency record (such as
fingerprint records or photographs) generated pursuant to that arrest,
shall be expunged--
(1) not later than 30 days after the date on which that
arrest becomes a voidable arrest, if the arrest occurred on or
after the effective date of this Act; or
(2) to the extent provided in a Federal expungement order,
if the arrest occurred before the effective date of this Act.
(b) Federal Expungement Order.--Any person living after the
effective date of this Act may petition a Federal district court of
competent jurisdiction for a Federal expungement order referred to in
subsection (a)(2). If the court finds that the arrest is a voidable
arrest, the court shall order the custodian of the record to expunge,
not later than 30 days after the receipt of the order--
(1) any reference to that arrest; and
(2) any record generated pursuant to that arrest.
(c) Regulations.--The Attorney General shall issue regulations to
ensure compliance with the requirements of subsection (a).
(d) Class B Misdemeanor.--Whoever knowingly fails to expunge a
reference or record required to be expunged by this section, or
releases a reference or record required to be expunged by this section,
shall be--
(1) guilty of a class B misdemeanor; and
(2) punished in accordance with title 18, United States
Code.
(e) Right of Individual With Voidable Arrest.--If an arrest is a
voidable arrest, the person arrested may respond to any inquiry as
though the arrest did not occur, unless otherwise provided by law.
(f) Voidable Arrest.--For purposes of this Act, the term ``voidable
arrest'' means any arrest resulting in any of the following:
(1) Release of the person without the filing of formal
charges against the person.
(2) Dismissal of proceedings against the person.
(3) A determination that the arrest was without probable
cause.
(g) Effective Date.--This section shall take effect on the first
day of the fiscal year succeeding the first fiscal year beginning two
years after the date of the enactment of this Act.
SEC. 3. REFERENCES IN STATE RECORDS TO VOIDABLE ARRESTS.
(a) Grant Incentive.--Section 506 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by
adding at the end the following:
``(g) Incentive Funds.--
``(1) In general.--The funds available under this subpart
for a State shall be increased by 10 percent if a State has in
effect throughout the State a law which provides expungement
procedures, criminal penalties, and individual rights with
respect to voidable arrests that are substantially similar to
the Federal procedures, penalties, and rights set forth in
section 2 of the Clear Your Good Name Act.
``(2) Compliance.--The Attorney General shall issue
regulations to ensure compliance with the requirements of
paragraph (1).''.
(b) Conforming Amendment.--Subsection (a) of such section is
amended by striking ``subsection (f),'' and inserting ``subsections (f)
and (g),''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the fiscal year succeeding the first fiscal
year beginning two years after the date of the enactment of this Act.
SEC. 4. REPORTS.
(a) Federal Arrests and Expungements.--After the end of each fiscal
year during which section 2 of this Act is in effect, the Attorney
General shall submit to Congress a report on the implementation of that
section in that fiscal year. The report shall include the following
information:
(1) The number of arrests that, during that fiscal year,
became voidable arrests.
(2) The number of voidable arrests the records of which
were, during that fiscal year, expunged under section 2(a)(1)
of this Act.
(3) The number of voidable arrests the records of which
were, during that fiscal year, expunged under section 2(a)(2)
of this Act.
(b) State Arrests and Expungements.--After the end of each fiscal
year during which subsection (g) of section 506 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756), as
added by section 3 of this Act, is in effect, the Attorney General
shall submit to Congress a report on the implementation of that
subsection in that fiscal year. The report shall include, for each
State referred to in that subsection, the following information:
(1) The number of arrests that, during that fiscal year,
became voidable arrests.
(2) The number of voidable arrests the records of which
were, during that fiscal year, expunged under the provision of
law of that State that is substantially similar to section
2(a)(1) of this Act.
(3) The number of voidable arrests the records of which
were, during that fiscal year, expunged under the provision of
law of that State that is substantially similar to section
2(a)(2) of this Act. | Clear Your Good Name Act - Requires that a reference in any Federal law enforcement agency record to an arrest of a person living after the effective date of this Act, and any Federal law enforcement record (such as fingerprint records or photographs) generated pursuant to that arrest, be expunged: (1) within 30 days after the date on which that arrest becomes a "voidable arrest" (i.e., an arrest resulting in the release of the person without the filing of formal charges, dismissal of proceedings against the person, or a determination that the arrest was without probable cause); and (2) to the extent provided in a Federal expungement order, if the arrest occurred before this Act's effective date. Permits individuals to petition for a Federal expungement order.Makes it a class B misdemeanor to release or to knowingly fail to expunge a reference or record required to be expunged by this Act. Allows the person arrested to respond to any inquiry as though the voidable arrest did not occur.Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the percentage of funding under the drug control and system improvement (Byrne) grant program if a State has in effect a law which provides substantially similar expungement procedures, criminal penalties, and individual rights regarding voidable arrests. | {"src": "billsum_train", "title": "To require Federal law enforcement agencies to expunge voidable arrest records, to provide incentive funds to States that have in effect a system for expunging such records, and for other purposes."} | 1,257 | 301 | 0.72697 | 2.29383 | 0.862541 | 5.428571 | 4.530612 | 0.906122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Mexico Border
Environmental Protection Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide for the protection of the
environment within the area comprising the border region between the
United States and the Republic of Mexico, as defined by the La Paz
Agreement between the United States and Mexico, referred to hereafter
as the ``Border Environment Zone''.
SEC. 3. FUND.
(a) Establishment of Fund.--There is established in the Treasury of
the United States the ``United States-Mexico Border Environmental
Protection Fund'' (hereinafter referred to as the ``Fund''). The Fund
shall consist of such amounts as may be appropriated or transferred to
the Fund. No moneys in the Fund shall be available for obligation or
expenditure except pursuant to an environmental emergency declaration
pursuant to section 4.
(b) Purpose of the Fund.--The Fund shall be readily available for
use by the Administrator of the Environmental Protection Agency
(hereinafter referred to as the ``Administrator'') to investigate and
respond to conditions which the Administrator determines present a
substantial threat to the land, air, or water resources of the area
comprising the border region of the United States and the Republic of
Mexico.
(c) Uses of Fund.--(1) Moneys in the Fund shall be available,
without fiscal year limitation, for use by the Administrator in
carrying out field investigations and remediation of any environmental
emergency declared by the Administrator under this Act.
(2) In carrying out his authority under this Act, the Administrator
is authorized to expend moneys in the Fund directly or make such moneys
available through grants or contracts.
(3) Moneys in the Fund shall be available for use by the
Administrator for cost-sharing programs with the Republic of Mexico,
any of the States of Arizona, California, New Mexico, or Texas, any
political subdivision of any such State, any local emergency planning
committee, federally recognized Indian tribes, or any other appropriate
entity, for use in carrying out field investigations and remediation
actions pursuant to this Act.
SEC. 4. DECLARATION OF ENVIRONMENTAL EMERGENCY.
(a) Determination by Administrator.--The Administrator, whenever he
determines conditions exist which present a substantial threat to the
land, air, or water resources of the area comprising the Border
Environment Zone, may declare the existence of an environmental
emergency in such region. In no case shall the Administrator declare a
condition an emergency under this section if such condition is
specifically within the sole jurisdiction of the International Boundary
and Water Commission.
(b) Consultation With Affected Parties; Authority to Respond.--In
responding to emergencies, the Administrator shall consult and
cooperate with affected States, counties, municipalities, Indian
tribes, the Republic of Mexico, and other affected parties. The
Administrator may respond directly to an emergency declared under this
section or may coordinate with appropriate State or local authorities
to respond.
(c) Petition of Governor.--In addition to the authority under
subsection (a), the Administrator, upon the petition of the Governor of
the State of Arizona, California, New Mexico, or Texas, or the
governing body of a Federally recognized Indian tribe, may declare the
existence of an environmental emergency in such region. In no case
shall the Administrator declare a condition an emergency under this
section if such condition is specifically within the sole jurisdiction
of the International Boundary and Water Commission.
SEC. 5. INFORMATION SHARING.
The Administrator, in cooperation with the Secretary of State, the
Governors of the States of Arizona, California, New Mexico, or Texas,
and the governing bodies of Federally recognized Indian tribes located
within the United States-Mexico border region, and the Republic of
Mexico, is authorized to establish a system for information sharing and
for early warning to the United States, each of the several States and
political subdivisions thereof, and Indian tribes, of environmental
problems affecting the Border Environment Zone. The Administrator shall
integrate systems and procedures authorized by this section into any
existing systems and procedures established to provide information
sharing and early warning regarding environmental problems affecting
the Border Environment Zone.
SEC. 6. REPORT TO CONGRESS.
The Administrator, after consultation with the Secretary of State,
the Republic of Mexico, the Governors of the States of Arizona,
California, New Mexico, and Texas, and the tribal governments of
appropriate Indian tribes, shall submit an annual report to the
Congress on the use of the Fund during the calendar year preceding the
calendar year in which such report is filed, and the status of the
environmental quality of the area comprising the Border Environment
Zone. The Administrator shall publish the availability of the report in
the Federal Register, along with a brief summary.
SEC. 7. ADVISORY COMMITTEE.
(a) Establishment.--The Administrator shall establish a United
States-Mexico Border Environmental Protection Advisory Committee
(hereinafter referred to as the ``Advisory Committee'').
(b) Functions.--It shall be the functions of the Advisory Committee
to--
(1) monitor and study environmental conditions within the
Border Environment Zone;
(2) plan and make recommendations for ongoing environmental
protection within such border region; and
(3) carry out such other functions as the Administrator may
prescribe.
(c) Composition of Advisory Committee.--The Advisory Committee
shall consist of such number as the Administrator shall appoint. At
least one member shall be from the Department of State. At least 2 of
the members shall be from business, 2 from non-Government
organizations, and 5 from State local or tribal governments. The term
of each member shall be for a period of not more than 5 years,
specified by the Administrator at the time of appointment. Before
filling a position on the Advisory Committee, the Administrator shall
publish a notice in the Federal Register soliciting nominations for
membership on the Advisory Committee.
(d) Meetings and Reports.--The Advisory Committee shall meet at
least on a quarterly basis, and report to the President and Congress
not less than annually, on the state of the Border Environment Zone;
together with the recommendations of the Advisory Committee, if any.
The initial report shall be submitted within 12 months following the
date of the enactment of this Act.
(e) Compensation.--Members of the Advisory Committee shall serve
without compensation. When serving away from home or regular place of
business, a member may be allowed travel expenses, including per diem
in lieu of subsistence as authorized by section 5703 of title 5, United
States Code, for individuals employed intermittently in the Government
service.
SEC. 8. INTERNATIONAL AGREEMENTS.
(a) Authority.--The Secretary of State, acting through the United
States Commissioner, International Boundary and Water Commission,
United States and Mexico (hereafter ``United States Commissioner'') is
authorized to conclude agreements with the appropriate representative
of the Ministry of Foreign Relations of Mexico for the purpose of
correcting border sanitation problems in international streams that
form or cross the international boundary between the United States and
the Republic of Mexico, caused by the discharge of untreated or
inadequately treated sewage into such streams.
(b) Recommendations.--Agreements concluded under subsection (a)
should consist of recommendations to the Governments of the United
States and the Republic of Mexico of measures to protect the health and
welfare of persons along those international streams that cross the
international boundary between the United States and the Republic of
Mexico, and should include--
(1) facilities that should be constructed, operated, and
maintained in each country;
(2) estimates of the costs of plans, construction,
operation, and maintenance of such facilities;
(3) formulas for the division of costs between the United
States and the Republic of Mexico; and
(4) time schedule for the construction of facilities and
other measures recommended within the agreements authorized by
this section.
SEC. 9. JOINT RESPONSES TO SANITATION EMERGENCIES.
(a) Construction of Works.--The Secretary of State, acting through
the United States Commissioner, is authorized to conclude agreements
with the appropriate representative of the Ministry of Foreign
Relations of the Republic of Mexico for the purpose of joint response
through the construction of works, repair of existing infrastructure,
and other such appropriate measures in the Republic of Mexico and the
United States to correct border sanitation emergencies in international
streams that form or cross the international boundary between the
United States and the Republic of Mexico caused by the discharge of
untreated or inadequately treated sewage into such streams. The United
States Commissioner shall consult with the Governors of the States of
Arizona, California, New Mexico, and Texas in developing and
implementing agreements under this section.
(b) Health and Welfare.--Agreements concluded under subsection (a)
should consist of recommendations to the Governments of the United
States and the Republic of Mexico establishing general response plans
to protect the health and welfare of persons along those international
streams that form or cross the international boundary between the
United States and the Republic of Mexico, and should include, but not
be limited to--
(1) description of types of border sanitation emergencies
requiring response including, but not limited to, sewer line
breaks, power interruptions to wastewater handling facilities,
components breakdowns to wastewater handling facilities, and
accidental discharge of sewage, which result in the pollution
of streams that form or cross the international boundary;
(2) description of types of response to emergencies
including, but not limited to, acquisition, use and maintenance
of joint response equipment and facilities, small scale
construction, including modifications to existing
infrastructure and temporary works, and the installation of
emergency and standby power facilities;
(3) formulas for distribution of costs of responses to
emergencies under this section on a case-by-case basis; and
(4) requirements for defining the beginning and end of an
emergency.
SEC. 10. CONSTRUCTION; REPAIRS; AND OTHER MEASURES.
(a) Definition.--As used in this Act, the term ``border sanitation
emergency'' means a situation in which untreated or inadequately
treated sewage is discharged into surface rivers or streams that form
or cross the boundary between the United States and the Republic of
Mexico.
(b) Water Pollution Emergencies.--The Secretary of State, acting
through the United States Commissioner, is authorized to respond
through construction, repairs and other measures in the United States
to correct ``border'' sanitation emergencies in international streams
that form or cross the international boundary between the United States
and the Republic of Mexico, caused by the accidental discharge of
untreated or inadequately treated sewage into such streams.
(c) Consultation With Affected Parties; Authority to Respond.--In
responding to a border sanitation emergency, the Secretary shall
consult and cooperate with the Administrator, affected States,
counties, municipalities, Indian tribes, the Republic of Mexico, and
other affected parties. The Secretary of State may respond to a border
sanitation emergency or may coordinate with appropriate State or local
authorities to respond.
SEC. 11. BINATIONAL ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of State, in cooperation with the
Administrator, is authorized to enter into an agreement or other
arrangement with the Republic of Mexico to establish an Advisory
Committee comprised of members from the Republic of Mexico and the
United States.
(b) Functions.--It shall be the functions of the Binational
Advisory Committee to (1) assist EPA and SEDESOL in the monitoring and
study of environmental conditions within the border region of the
United States and Mexico; (2) plan and make recommendations to EPA and
SEDESOL for on-going environmental protection within such border
region; and (3) carry out such other functions as EPA and SEDESOL may
prescribe.
(c) Composition.--The United States Delegation shall consist of
such number as the Administrator shall appoint. At least two of the
members shall be from business, two from nongovernment organizations,
and five from State or local governments. The term of each member shall
be for a period of not more than five years, specified by the
Administrator at the time of appointment. Before filling a position on
the Advisory Committee, the Administrator shall publish a notice in the
Federal Register soliciting nominations for membership on the United
States Advisory Committee.
(d) Availability of Committee Records to the Public.--The
Binational Advisory Committee shall make all reasonable efforts to make
available to the public information on environmental conditions in the
border region and efforts the Committee undertakes or recommends to
address these conditions.
SEC. 12. TRANSFER OF FUNDS.
(a) Transfer Authority.--The Secretary of State, acting through the
United States Commissioner, is authorized to include as part of the
agreements authorized by sections 8, 9, and 10 of this Act, the
necessary arrangements to administer the transfer to another country of
funds assigned to one country and obtained from Federal or non-Federal
governmental or nongovernmental sources.
(b) Cost-Sharing Agreements.--No funds of the United States shall
be expended in the Republic of Mexico for emergency investigation or
remediation pursuant to section 8, 9, or 10 of this Act absent a cost-
sharing agreement between the United States and the Republic of Mexico
unless the Secretary of State has determined and can demonstrate that
the expenditure of such funds in the Republic of Mexico would be cost-
effective and in the interest of the United States. In cases where
funds of the United States are expended in the Republic of Mexico
without a cost-sharing agreement, the Secretary of State shall submit a
report to the appropriate committees of Congress explaining why costs
were not shared between the United States and the Republic of Mexico,
and why the expenditure of such funds without cost-sharing was in the
national interest of the United States.
(c) Establishment of Fund.--(1) There is established in the
Treasury of the United States the United States International Boundary
and Water Commission Fund (hereinafter referred to as the ``Commission
Fund''). The Commission Fund shall consist of such amounts as may be
appropriated or transferred to the Commission Fund.
(2) Moneys in the Commission Fund shall be available, without
fiscal year limitation, for use by the Secretary of State in carrying
out the provisions of this section and sections 8, 9, 10 and 11 of this
Act.
(3) In carrying out the purposes of this section and sections 8, 9,
10 and 11 of this Act, the Secretary of State is authorized to expend
moneys in the Commission Fund directly or make such moneys available to
fulfill the purposes of any such section through grants or contracts.
SEC. 13. AUTHORIZATION.
(a) Authorization for the Fund.--There is authorized to be
appropriated to the Fund $10,000,000, for use in accordance with the
purposes of this Act.
(b) Authorization for Advisory Committee.--There is authorized to
be appropriated to the Administrator $500,000 for support and operation
of the Advisory Committee.
(c) Authorization for International Boundary and Water Commission
Fund.--There is authorized to be appropriated to the International
Boundary and Water Commission Fund $5,000,000 for carrying out sections
8, 9, 10, 11 and 12 of this Act.
(d) Availability of Funds.--All amounts appropriated pursuant to
this Act shall remain available until expended.
SEC. 14. DISCLAIMER.
Nothing in this Act shall be construed as amending, repealing or
otherwise modifying any provision of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, the Superfund
Amendments and Reauthorization Act of 1986, or any other law, treaty or
international agreement of the United States. | United States-Mexico Border Environmental Protection Act - Establishes the United States-Mexico Border Environmental Protection Fund to be used by the Administrator of the Environmental Protection Agency (EPA) to investigate and respond to conditions which present a threat to the land, air, or water resources of the United States-Mexico border region.
Authorizes the Administrator, whenever conditions exist which present a substantial threat to the land, air, or water resources in such region, to declare an environmental emergency. Prohibits the Administrator from declaring an emergency if the condition is within the sole jurisdiction of the International Boundary and Water Commission.
Authorizes the Administrator to establish a system for information sharing and for early warning to the United States and affected States, political subdivisions, and Indian tribes of environmental problems affecting the United States-Mexico border region.
Requires the Administrator to establish a United States-Mexico Border Environmental Protection Advisory Committee.
Directs the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, to conclude agreements with Mexico for the correction of and response to border sanitation problems in international streams forming or crossing the boundary between the United States and Mexico.
Permits the Secretary to enter into agreements with Mexico to establish a binational advisory committee to assist EPA and SEDESOL in the monitoring and study of environmental conditions within the border region and make recommendations for ongoing environmental protection.
Prohibits the expenditure of U.S. funds for emergency investigation or remediation in Mexico without a cost-sharing agreement unless the expenditure would be cost-effective and in the U.S. interest.
Establishes the United States International Boundary and Water Commission Fund to carry out this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "United States-Mexico Border Environmental Protection Act"} | 3,337 | 384 | 0.659583 | 2.049659 | 0.857199 | 4.66055 | 9.721713 | 0.941896 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Centers of Excellence for
Regional Smart Growth Planning Act''.
SEC. 2. NATIONAL CENTERS OF EXCELLENCE FOR REGIONAL SMART GROWTH
PLANNING.
(a) Designation and Selection of National Centers of Excellence.--
In accordance with the requirements of this Act, the Administrator
shall designate not fewer than 3 national centers of excellence for
regional smart growth planning, selected from metropolitan planning
organizations that have demonstrated regional planning excellence by--
(1) developing and using state-of-the-art data and modeling
tools that accurately estimate travel, air pollution,
greenhouse gas emissions, and other impacts from regional land
use patterns and transportation systems;
(2) engaging a broad range of citizens and stakeholders in
regional planning in an interactive or innovative manner;
(3) forming political consensus through regional
transportation plans that predict significant improvements in
future travel patterns, air emissions, and other impacts
compared to baseline projections;
(4) showing significant changes to land use patterns and
transportation systems that conform with regional
transportation plans;
(5) maintaining effective partnerships with local, State,
and Federal agencies working on regional smart growth planning;
and
(6) providing expert technical assistance.
(b) Guidelines.--The Administrator shall develop guidelines for the
designation and operation of the Centers.
(c) Funding.--Of the amounts available to carry out this Act, the
Administrator shall allocate not more than $5,000,000 for each fiscal
year to each Center to carry out this section.
(d) General Operation.--The Centers shall--
(1) collect information and best practices about--
(A) regional smart growth planning;
(B) street design and implementation of complete
streets policy by local governments;
(C) transit-oriented, mixed-use, and infl.
development;
(D) use of data, models, and performance metrics to
develop smart growth plans;
(E) needed upgrades to models from MPOs; and
(F) effective civic engagement in regional smart
growth planning;
(2) distribute smart growth planning information and best
practices to MPOs that are seeking to--
(A) upgrade data, models, and performance metrics;
(B) achieve greenhouse gas reductions in regional
transportation plans; or
(C) work effectively with units of local government
to coordinate regional planning and economic
development plans;
(3) make research and development recommendations to the
Environmental Protection Agency and other appropriate entities
to further improve the quality and ease of smart growth
analysis;
(4) work with appropriate institutions of higher education
and State and Federal agencies to further improve smart growth
analysis; and
(5) provide technical assistance to grant recipients under
section 3.
SEC. 3. IMPLEMENTATION GRANTS.
(a) Grant Authority.--The Administrator, in consultation with the
Centers, may make grants on a competitive basis to eligible entities
for--
(1) improving the collection of data and the development of
models for smart growth planning;
(2) implementing comprehensive regional smart growth
planning programs;
(3) applying planning outcomes in regional transportation
plans; and
(4) working with units of local governments to coordinate
land use, transportation, and air quality planning.
(b) Application.--
(1) In general.--To be eligible to receive a grant under
subsection (a), an entity shall submit to the Administrator an
application at such time, in such manner, and containing such
information and assurances as the Administrator may require.
(2) Eligibility requirements.--An entity is eligible to
receive a grant under this section only if such entity--
(A) is an MPO;
(B) commits to use funds to develop and maintain a
regional database that contains high quality data and
modeling capability;
(C) agrees to make a good-faith effort to produce
and adopt plans that use the latest available estimates
and assumptions for population, land use, travel,
employment, congestion, and economic activity;
(D) provides long-term guidance to the public to
minimize greenhouse gas emissions by reducing vehicle
miles traveled, offering more housing choices within
existing urban centers, and incorporating new housing
and employment close to existing public transportation
options; and
(E) has a demonstrated record of working
effectively with the units of local government within
the region.
(c) Matching Requirements.--
(1) Federal share.--The Federal share of the cost of a
project under this section shall be 80 percent.
(2) Non-federal share.--The non-Federal share of the cost
of carrying out a project under this section may be provided
through an in-kind contribution.
(d) Reports.--Not later than 1 year after the end of the grant
period for which an MPO receives a grant under this section, such MPO
shall submit a report to the Administrator regarding the use of such
grant.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Center.--The term ``Center'' means a national center of
excellence for regional smart growth planning designated under
section 2(a).
(3) Complete streets policy.--The term ``complete streets
policy'' means a transportation law or policy at the local,
State, regional, or Federal level that ensures--
(A) the adequate accommodation, in all phases of
project planning and development, of all users of the
transportation system, including pedestrians,
bicyclists, public transit users, children, older
individuals, motorists, and individuals with
disabilities; and
(B) the consideration of the safety and convenience
of all users in all phases of project planning and
development.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Metropolitan planning organization.--The term
``metropolitan planning organization'' or ``MPO'' has the
meaning given such term in section 134(b)(2) of title 23,
United States Code.
(6) Smart growth.--The term ``smart growth'' means policies
regarding growth and development that--
(A) recognize the effects of new growth and
development, including the environmental, economic, and
social costs, such as--
(i) loss of open space, farmland, rural
landscapes, wildlife, or natural, cultural,
scenic, or recreational resources; or
(ii) high public costs for infrastructure,
public facilities, or transportation that lead
to disinvestment in older urban or suburban
areas; and
(B) attempt to mitigate such effects in advance so
as to avoid or reduce the negative impacts of such
effects.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator to
carry out this Act $65,000,000 for each of fiscal years 2010 through
2015. | National Centers of Excellence for Regional Smart Growth Planning Act - Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) designate not fewer than three national centers of excellence for regional smart growth planning, selected from metropolitan planning organizations (MPOs) that have demonstrated regional planning excellence; (2) develop guidelines for the designation and operation of the Centers; and (3) allocate specified funds to each Center to carry out this Act.
Authorizes the Administrator to make grants on a competitive basis to eligible entities for: (1) improving the collection of data and the development of models for smart growth planning; (2) implementing comprehensive regional smart growth planning programs; (3) applying planning outcomes in regional transportation plans; and (4) working with local governments to coordinate land use, transportation, and air quality planning.
Directs the Centers to: (1) collect and distribute to MPOs information and best practices about regional smart growth planning; (2) make research and development recommendations to EPA and other entities to improve the quality and ease of smart growth analysis; (3) work with institutions of higher education and state and federal agencies to improve smart growth analysis; and (4) provide technical assistance to grant recipients. | {"src": "billsum_train", "title": "To establish national centers of excellence for regional smart growth planning, and for other purposes."} | 1,472 | 238 | 0.772828 | 2.172363 | 0.955662 | 5.297521 | 5.938017 | 0.966942 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel Regional Investment
Partnership Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The importance of travel and tourism cannot be
overstated: travel and tourism employs America.
(2) Approximately 8,300,000 domestic jobs depend on the
travel and tourism industry.
(3) The United States travel and tourism industry is worth
more than $691,000,000,000 annually in direct spending, of
which more than 85 percent is the result of domestic travel.
Including indirect spending, such industry tops
$1,200,000,000,000 in spending.
(4) The travel and tourism industry accounts for 2.6
percent of GDP, nearly four times that of the automotive
industry.
(5) Domestic employment related to the travel and tourism
industry cannot be outsourced to other countries.
(6) The current economic downturn has created the most
difficult economic environment for the domestic travel and
tourism industry since the period following the terrorist
attacks of September 11, 2001.
(7) The travel and tourism industry has contracted by
nearly $130,000,000,000 in 2009 alone. The domestic tourism
economy has fallen by nearly 4.5 percent during 2009, twice the
rate of the overall economy of the United States.
(8) Domestic spending on travel and tourism has been in
decline since the fourth quarter of fiscal year 2008, while
employment in the travel and tourism industry has been falling
since the second quarter of such year.
(9) Public-private partnerships have been underutilized in
the promotion of travel and tourism and are a dynamic tool in
creating new domestic tourism markets and promoting domestic
regional tourism growth.
SEC. 3. DOMESTIC REGIONAL TOURISM GRANT PROGRAM.
(a) Establishment by Secretary of Commerce.--The Secretary of
Commerce shall establish a competitive grant program, administered by
the Office of Travel and Tourism Industries, to promote domestic
regional tourism growth and new domestic tourism market creation.
(b) Range of Grant Monetary Amounts.--No grant shall be less than
$100,000 or more than $1,000,000.
(c) Grantee Eligibility Requirements.--
(1) Eligible entities.--The following entities are eligible
for a grant under this section for the purposes of promoting
domestic regional tourism growth and new domestic tourism
market creation:
(A) A Convention and Visitors Bureau.
(B) A partnership between a State or local
government and a local tourism entities.
(2) Application process.--
(A) Submission.--An eligible entity seeking a grant
under this section shall submit to the Secretary an
application at such time, in such form, and with such
information and assurances as the Secretary may
require.
(B) Contents.--Such application shall include--
(i) a description of the tourist promotion
activities that the grant will fund; and
(ii) in the case of a partnership between a
State or local government and local tourism
entities--
(I) the specific tourist entities
that such government has partnered with
in order promote tourism within the
relevant domestic region; and
(II) the details of the partnership
and specific information as to how such
partnership will increase regional
tourism.
(d) Matching Requirement.--
(1) Non-federal funds.--As a condition of receipt of a
grant under this section, the grant recipient shall provide,
either directly or through donations from public or private
entities, non-Federal matching funds, in cash or in-kind, in an
amount equal to the amount of the grant.
(2) Special rule for in-kind donations.--Of the amount of
non-Federal matching funds required under paragraph (1), not
more than 25 percent shall be provided through in-kind
contributions.
(e) Reports.--Not later than 6 months after the end of each fiscal
year in which grants were awarded by the Secretary under this section,
the Secretary shall submit a report to Congress on--
(1) travel-generated expenditures;
(2) travel-generated tax receipts; and
(3) travel-generated employment.
(f) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(2) Local tourist entity.--The term ``local tourist
entity'' means any public or private sector business engaged in
tourism-related activities.
(g) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of the first 5 fiscal years that
begin after the date of enactment of this section for grants under this
section, and such amounts appropriated shall remain available until
expended. | Travel Regional Investment Partnership Act - Directs the Secretary of Commerce to establish a competitive grant program, administered by the Office of Travel and Tourism Industries, to award grants to eligible entities (such as a Convention and Visitors Bureau or a partnership between a state or local government and a local tourism entity) to promote domestic regional tourism growth and new domestic tourism market creation. | {"src": "billsum_train", "title": "To direct the Secretary of Commerce to establish a competitive grant program to promote domestic regional tourism."} | 973 | 78 | 0.602087 | 1.483954 | 1.671099 | 5.514286 | 13.342857 | 0.971429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Housing Preservation Act
of 2008''.
SEC. 2. AFFORDABLE HOUSING PRESERVATION PILOT PROGRAM.
(a) Establishment.--The Secretary of Housing and Urban Development
shall establish a pilot program under which funds in the residual
receipts account of an eligible multifamily housing property are
transferred, at the time of a qualified sale or exchange, to a
preservation entity.
(b) Purpose.--The purpose of the pilot program established under
this section is to facilitate the transfer of multifamily housing
projects with expiring section 8 housing assistance payments contracts
to preservation entities that are committed to maintaining the
affordability and preservation of such projects by allowing expanded
access to existing residual receipts to assist with the acquisition and
rehabilitation of the project.
(c) Use of Funds.--A preservation entity that acquires an eligible
multifamily housing property through a qualified sale or exchange shall
use the funds in the residual receipts account transferred to it--
(1) to pay for rehabilitation costs approved by the housing
agency;
(2) to deposit funds into the replacement reserve account
of the property;
(3) to pay for social and other services that directly
benefit the tenants of such property, but in any 1 year such
payments may not exceed 10 percent of the balance of the
residual receipts account of the property at the end of the
prior fiscal year;
(4) to pay for costs associated with the acquisition of the
property, but such payments may not exceed 50 percent of the
amount in the residual receipts account of the property at the
time of acquisition; and
(5) to pay for any other costs that have been approved by
the housing agency and will directly benefit the tenants of the
property.
(d) Responsibilities of the Secretary.--The Secretary of Housing
and Urban Development, or his or her designee, shall--
(1) determine whether the plan for rehabilitation and
operation of a preservation entity--
(A) maintains and restores the decent, safe, and
sanitary condition of the eligible multifamily housing
property; and
(B) is viable for not less than 30 years; and
(2) monitor the affordability and use restrictions for the
eligible multifamily housing property.
(e) Penalty for Noncompliance.--If the Secretary of Housing and
Urban Development determines that all or a portion of an eligible
multifamily housing property acquired by a preservation entity under
this section is not in compliance with the requirements of this
section, the preservation entity shall reimburse the Secretary an
amount equal to the amount originally transferred from the residual
receipts account at the time of acquisition, less the product of 3.33
percent of such amount, multiplied by the number of years after the
qualified sale or exchange that the property was in compliance with the
requirements of this section.
(f) Designation.--The Secretary shall, not later than 6 months
after the date of enactment of this Act, designate not less than 3
States in which the program established under this section shall be
carried out. In selecting the States in which to carry out the program,
the Secretary shall--
(1) consider States with the greatest number of units
receiving project-based housing assistance payments under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) where such units are located in active multifamily
housing projects whose section 8 housing assistance payments
contracts are set to expire between fiscal years 2009 and
fiscal years 2011;
(2) consider States with eligible multifamily housing
properties that have residual receipt account balances that can
provide a meaningful preservation resource;
(3) aim for a regionally diverse sample of States; and
(4) consider the extent to which market forces may drive
the conversion of eligible low-income housing to market-based
rents.
(g) Report to Congress.--
(1) Timing of report.--Not later than 3 years after the
initiation of the pilot program established under this section,
the Secretary of Housing and Urban Development shall submit a
report to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services of the
House of Representatives.
(2) Content of report.--The report required under paragraph
(1) shall include an analysis of--
(A) the effectiveness of expanding the use of
amounts in the residual receipts accounts of eligible
multifamily housing properties to include preservation
activities; and
(B) which States or regions of the United States
could most benefit from the expansion of such eligible
uses.
(h) Effective Date.--This section shall apply to qualified sales or
exchanges made during the period beginning December 31, 2007 and ending
December 31, 2013.
(i) Definitions.--In this section, the following definitions shall
apply:
(1) Affordability and use restrictions.--The term
``affordability and use restrictions'' means the affordability
and use restrictions in connection with project-based housing
assistance payments made under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f).
(2) Extended use period.--The term ``extended use period''
means the period beginning on the date of sale and ending on
the earlier of--
(A) 30 years after the close of the sale; or
(B) the date that the property is acquired by
foreclosure (or instrument in lieu of foreclosure).
(3) Eligible multifamily housing property.--The term
``eligible multifamily housing property'' means a project
that--
(A) is receiving project-based housing assistance
payments under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f); and
(B) was financed pursuant to part 883 of title 24,
Code of Federal Regulations, on or after February 29,
1980.
(4) Housing agency.--The term ``housing agency'' means,
with respect to any eligible multifamily housing property, the
housing agency which administers housing assistance with
respect to such property.
(5) Preservation entity.--The term ``preservation entity''
means a housing agency, organization, or entity (for profit or
nonprofit) approved by the Secretary of Housing and Urban
Development, or his or her designee, that has the capacity and
commitment to successfully acquire and preserve an eligible
multifamily housing property.
(6) Qualified sale or exchange.--
(A) In general.--The term ``qualified sale or
exchange'' means the sale of an eligible multifamily
housing property to, or an exchange of such property
with, a preservation entity which agrees to maintain
affordability and use restrictions regarding the
property that are--
(i) for a term of not less than the
extended use period; and
(ii) legally enforceable.
(B) Future applicability of restrictions.--The
restrictions under subparagraph (A) shall be--
(i) binding on all successors of the
preservation entity; and
(ii) recorded as a restrictive covenant on
the property pursuant to State law.
(C) Certification by program administrator.--The
term ``qualified sale or exchange'' shall not include
any sale or exchange of property unless the housing
agency certifies that--
(i) the transferee with respect to such
property is a preservation entity;
(ii) affordability and use restrictions
will be maintained with respect to such
property during the extended use period; and
(iii) new capital will be expended that--
(I) maintains or restores the
decent, safe, and sanitary condition of
the property; and
(II) funds adequate reserves.
(7) Residual receipts.--The term ``residual receipts''
means funds generated by a property in excess of the amount
needed for operating expenses, operating reserve requirements,
and allowable distributions to project owners.
(j) Residual Receipts Not Treated as Federal Funds.--For the
purposes of section 42 of the Internal Revenue Code of 1986, residual
receipts used pursuant to the pilot program established under this
section shall not be considered Federal funds. | Affordable Housing Preservation Act of 2008 - Directs the Secretary of Housing and Urban Development (HUD) to establish a pilot program under which funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to preservation entities to facilitate the transfer of multifamily housing projects with expiring section 8 housing assistance payments contracts under the United States Housing Act of 1937.
Defines "preservation entity" as a HUD-approved housing agency, organization, or entity (for profit or nonprofit) that has the capacity and commitment to successfully acquire and preserve an eligible multifamily housing property.
Requires the Secretary to: (1) determine whether the preservation entity's plan for rehabilitation and operation maintains and restores the decent, safe, and sanitary condition of the eligible multifamily housing property, and is viable for at least 30 years; and (2) monitor the affordability and use restrictions for the property.
Imposes penalties on preservation entities for noncompliance with this Act.
Requires the Secretary to designate at least three states to participate in the pilot program.
States that grants shall be used to: (1) pay for rehabilitation costs approved by the housing agency; (2) deposit funds into the property's replacement reserve account; and (3) pay for social and other services that directly benefit the tenants of such property, its associated acquisition costs, and any other costs that have been approved by the housing agency and will directly benefit such tenants. | {"src": "billsum_train", "title": "A bill to establish a pilot program to preserve affordable housing options for low-income individuals."} | 1,719 | 307 | 0.800401 | 2.531682 | 0.911242 | 5.616725 | 5.630662 | 0.933798 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FSOC Designation Review Act''.
SEC. 2. REEVALUATION AND REAFFIRMATION.
Section 113(d) of the Financial Stability Act of 2010 (12 U.S.C.
5323(d)) is amended to read as follows:
``(d) Reevaluation and Reaffirmation.--
``(1) In general.--The Council shall reevaluate each
determination made under subsections (a) and (b) with respect
to a nonbank financial company supervised by the Board of
Governors on--
``(A) an annual basis; and
``(B) upon the request of such company based upon
the company's representation that there has been a
material change in the company's operations or
activities or a material change in regulatory or market
conditions.
``(2) Reevaluation.--As part of the reevaluation required
by paragraph (1), the Council shall--
``(A) provide the nonbank financial company with a
confidential written analysis of the specific elements
of the company's exposures or activities that would be
relevant to the Council's reevaluation of the
determination for such company;
``(B) provide the nonbank financial company with an
opportunity to submit written materials to the Council
regarding the reevaluation, including, as the company's
option, a plan to obtain rescission of the
determination or other materials relevant to the
assessment described under paragraph (3)(A);
``(C) if the nonbank financial company submits a
plan under subparagraph (B), consider whether the plan,
if implemented, would result in the nonbank financial
company no longer meeting the criteria for a final
determination under subsection (a) or (b);
``(D) make a preliminary written decision regarding
rescinding such determination;
``(E) if the preliminary decision is not to rescind
the determination, provide the nonbank financial
company with--
``(i) a copy of the preliminary decision,
which shall include a confidential written
analysis explaining with specificity whether
and to what extent any plan submitted by the
company under subparagraph (B) addresses the
potential threat posed by the nonbank financial
company to the financial stability of the
United States;
``(ii) an opportunity to meet with
representatives of the Council to discuss the
preliminary decision and analysis provided
under clause (i); and
``(iii) an opportunity to revise and re-
submit such plan or any other written
materials, after discussions with
representatives of the Council; and
``(F) upon the request of the nonbank financial
company, grant such company an oral hearing before the
Council.
``(3) Vulnerability to financial distress.--
``(A) In general.--The written analysis required
under paragraph (2)(A) shall include an assessment
describing with particularity the vulnerability of the
nonbank financial company to financial distress,
including consideration of the company's leverage,
liquidity risk and maturity mismatch, and existing
regulatory scrutiny of the company.
``(B) Effective of failure to include assessment.--
If the Council provides a written analysis under
paragraph (2)(A) that does not contain the assessment
required under subparagraph (A), any determination made
under subsection (a) or (b) with respect to such
company shall be rescinded immediately.
``(C) Definitions.--For purposes of this paragraph
the terms `vulnerability to financial distress',
`leverage', `liquidity risk and maturity mismatch', and
`existing regulatory scrutiny of the nonbank financial
company' shall have the same meaning as those terms are
given, respectively, under appendix A to part 1310 of
title 12, Code of Federal Regulations.
``(4) Reaffirmation.--
``(A) In general.--Following a reevaluation under
paragraph (1), the Council shall vote whether to
reaffirm the determination that the nonbank financial
company shall be supervised by the Board of Governors
and shall be subject to prudential standards, pursuant
to subsection (a) or (b), as applicable.
``(B) Vote requirement.--Any reaffirmation under
subparagraph (A) shall require a vote of no fewer than
\2/3\ of the voting members then serving, including an
affirmative vote by the Chairperson, finding that the
company still meets the standards for designation under
subsection (a) or (b), as applicable. Any such finding
shall include a detailed explanation of the basis for
the Council's determination, including a confidential
written analysis explaining with specificity whether
and to what extent any plan submitted by the nonbank
financial company pursuant to paragraph (2)(B)
addresses the potential threat posed by the company to
the financial stability of the United States.
``(C) Effect of failure to reaffirm.--If the
Council votes under subparagraph (A) with respect to a
nonbank financial company and does not reaffirm the
designation, the determination made with respect to
such company shall be rescinded immediately.
``(5) Views of primary financial regulatory agency.--In
conducting a reevaluation under paragraph (1), the Council
shall consult with the primary financial regulatory agency for
the nonbank financial company, if any, and the primary
financial regulatory agencies of the company's principal
subsidiaries, if any, and the views of such agencies shall be
given special consideration.''.
SEC. 3. JUDICIAL REVIEW.
Section 113(h) of the Financial Stability Act of 2010 (12 U.S.C.
5323(h)) is amended by striking ``subsection (d)(2)'' and inserting
``subsection (d)(4)''. | FSOC Designation Review Act This bill amends the Financial Stability Act of 2010 to revise requirements for reevaluation and reaffirmation of determinations by the Financial Stability Oversight Council (FSOC) that the Board of Governors of the Federal Reserve System supervise and regulate U.S. or foreign nonbank financial companies. The FSOC shall reevaluate such a determination not only annually (as under current law) but also upon the request of a nonbank financial company based on its representation that there has been a material change in its operations or activities or a material change in regulatory or market conditions. FSOC must give the company as part of a reevaluation: a confidential written analysis of the specific elements of the company's exposures or activities that would be relevant to the FSOC's reevaluation; and opportunity to submit written materials in response, including a plan to obtain rescission of the determination or other materials relevant to the assessment. The FSOC's written analysis must assess with particularity the company's vulnerability to financial distress, including consideration of its leverage, liquidity risk, and maturity mismatch, and existing regulatory scrutiny of the company. Following a reevaluation the FSOC shall vote whether to reaffirm the determination; but if two-thirds of the voting members do not vote in favor of reaffirmation, the determination in question shall be rescinded immediately, subject at company option to judicial review. (Currently a determination is automatically reaffirmed upon reevaluation unless by a two-thirds vote the FSOC rescinds it.) | {"src": "billsum_train", "title": "FSOC Designation Review Act"} | 1,292 | 376 | 0.720822 | 2.385746 | 0.853612 | 2.916667 | 4.137681 | 0.822464 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Contraception Education
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) each year, 3,000,000 pregnancies, or one half of all
pregnancies, in the United States are unintended, and half of
all of these unintended pregnancies end in abortion;
(2) the Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy, reducing the risk by as much as 89 percent;
(3) the most commonly used forms of emergency contraception
are regimens of ordinary birth control pills taken within 72
hours of unprotected intercourse or contraceptive failure;
(4) emergency contraception, also known as post-coital
contraception, is a responsible means of preventing pregnancy
that works like other hormonal contraception to delay
ovulation, prevent fertilization or prevent implantation;
(5) emergency contraception does not cause abortion and
will not affect an established pregnancy;
(6) it is estimated that the use of emergency contraception
could cut the number of unintended pregnancies in half, thereby
reducing the need for abortion;
(7) emergency contraceptive use is the United States
remains low, and 9 in 10 women of reproductive age remain
unaware of the method;
(8) although the American College of Obstetricians and
Gynecologists recommends that doctors routinely offer women of
reproductive age a prescription for emergency contraceptive
pills during their annual visit, only 1 in 5 ob/gyns routinely
discuss emergency contraception with their patients, suggesting
the need for greater provider and patient education;
(9) in light of their safety and efficacy, both the
American Medical Association and the American College of
Obstetricians and Gynecologists have endorsed more widespread
availability of emergency contraceptive pills, and have
recommended that dedicated emergency contraceptive products be
available without a prescription;
(10) Healthy People 2010, published by the Office of the
Surgeon General, establishes a 10-year national public health
goal of increasing the proportion of health care providers who
provide emergency contraception to their patients; and
(11) public awareness campaigns targeting women and health
care providers will help remove many of the barriers to
emergency contraception and will help bring this important
means of pregnancy prevention to American women.
SEC. 3. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS.
(a) Definitions.--In this section:
(1) Emergency contraception.--The term ``emergency
contraception'' means a drug or device (as the terms are
defined in section 201 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321)) that is--
(A) used after sexual relations; and
(B) prevents pregnancy, by preventing ovulation,
fertilization of an egg, or implantation of an egg in a
uterus.
(2) Health care provider.--The term ``health care
provider'' means an individual who is licensed or certified
under State law to provide health care services and who is
operating within the scope of such license.
(3) Institution of higher education.--The term
``institution of higher education'' has the same meaning given
such term in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Emergency Contraception Public Education Program.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
develop and disseminate to the public information on emergency
contraception.
(2) Dissemination.--The Secretary may disseminate
information under paragraph (1) directly or through
arrangements with nonprofit organizations, consumer groups,
institutions of higher education, Federal, State, or local
agencies, clinics and the media.
(3) Information.--The information disseminated under
paragraph (1) shall include, at a minimum, a description of
emergency contraception, and an explanation of the use, safety,
efficacy, and availability of such contraception.
(c) Emergency Contraception Information Program for Health Care
Providers.--
(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration and in consultation with major medical and
public health organizations, shall develop and disseminate to
health care providers information on emergency contraception.
(2) Information.--The information disseminated under
paragraph (1) shall include, at a minimum--
(A) information describing the use, safety,
efficacy and availability of emergency contraception;
(B) a recommendation regarding the use of such
contraception in appropriate cases; and
(C) information explaining how to obtain copies of
the information developed under subsection (b), for
distribution to the patients of the providers.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2003 through 2007. | Emergency Contraception Education Act - Directs the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control and Prevention (CDC) to develop and disseminate to the public information on emergency contraception.Requires that the Secretary, acting through the Administrator of the Health Resources and Services Administration, to develop and disseminate to health care providers information on emergency contraception.Requires that the information disseminated to health care providers include at a minimum: (1) information describing the use, safety, efficacy, and availability of emergency contraception; (2) a recommendation regarding its use in appropriate cases; and (3) information explaining how to obtain copies of information from the CDC. | {"src": "billsum_train", "title": "A bill to establish a public education awareness program relating to emergency contraception."} | 1,113 | 156 | 0.575754 | 1.518882 | 0.606296 | 4.576923 | 7.607692 | 0.946154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildfire Regulatory Relief Act of
2018''.
SEC. 2. USE OF LAND IN A STATE OF EMERGENCY.
Section 1233(b) of the Food Security Act of 1985 (16 U.S.C.
3833(b)) is amended by striking paragraph (1) and inserting the
following:
``(1) harvesting, grazing, or other commercial use of the
forage, without any reduction in the rental rate, in response
to--
``(A) drought;
``(B) flooding;
``(C) a state of emergency that--
``(i) is declared by the Governor of the
State in which the land that is subject to a
contract under the conservation reserve program
is located; and
``(ii) covers any part of the State or the
entire State; or
``(D) other emergency;''.
SEC. 3. EVALUATING A MAJOR DISASTER DECLARATION REQUEST.
Section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) is amended by adding at the end the
following:
``(d) Consideration of Requests.--
``(1) In general.--In evaluating a request for a
declaration under this section, the President shall take into
consideration any impacts of the disaster that--
``(A) will impede the recovery efforts of affected
individuals or community; and
``(B) may not be addressed under disaster programs
administered by the Federal Emergency Management
Agency, but that are addressed by other disaster
programs, such as the disaster loan program authorized
under section 7(b) of the Small Business Act (15 U.S.C.
636(b)) and programs authorized under section 1501 of
the Agricultural Act of 2014 (7 U.S.C. 9081).
``(2) Agricultural fence lines.--
``(A) Definition.--In this paragraph, the term
`agricultural fence line' means a physical barrier
placed for the purpose of defining the edge or boundary
of an area used for agricultural purpose.
``(B) Consideration.--In considering the impacts of
a disaster required to be considered under paragraph
(1), the President shall consider the costs of
replacing an agricultural fence line.''.
SEC. 4. EMERGENCY MANAGEMENT GRANTS.
Section 662(b) of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 762(b)) is amended by inserting ``, including
supporting joint interagency cooperation between State agencies
responsible for responding to wildfires,'' after ``hazards''.
SEC. 5. REGULATORY RELIEF FOR BANKS DURING MAJOR DISASTERS.
(a) Definitions.--In this section--
(1) the terms ``appropriate Federal banking agency'' and
``depository institution'' have the meanings given those terms
in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813); and
(2) the term ``major disaster'' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(b) Requirement.--Not later than 15 days after the date on which
the President declares a major disaster under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), or not later than 15 days after a state of emergency is declared
by a Governor of a State for all or part of that State, the appropriate
Federal banking agencies and the Bureau of Consumer Financial
Protection shall issue guidance to depository institutions located in
the area for which the President declared the major disaster or the
Governor declared a state of emergency, as applicable, for reducing
regulatory burdens for borrowers and communities in order to facilitate
recovery from the major disaster.
(c) Contents.--Guidance issued under subsection (b) shall include
instructions from the appropriate Federal banking agency or the Bureau
of Consumer Financial Protection, as applicable, regarding--
(1) extending repayment terms, adjusting existing loans,
and easing terms for new loans, in accordance with prudent
banking practices that involve appropriate monitoring;
(2) providing relief from reporting and publishing
requirements, including by accepting delayed filing and
publishing of reports by depository institutions in areas
affected by the major disaster or covered by the state of
emergency, as applicable;
(3) taking appropriate actions to stabilize investments in
local government projects affected by the major disaster or
covered by the state of emergency, as applicable;
(4) promoting awareness of the eligibility of depository
institutions for loans or investments made in areas affected by
the major disaster or covered by the state of emergency, as
applicable, under the Community Reinvestment Act of 1977 (12
U.S.C. 2901 et seq.); and
(5) such other issues as determined appropriate by the
appropriate Federal banking agency or the Bureau of Consumer
Financial Protection, as applicable. | Wildfire Regulatory Relief Act of 2018 This bill amends the Food Security Act of 1985 to direct the Department of Agriculture to allow harvesting, grazing, or other commercial use of the forage on conservation reserve program lands when a governor declares a state of emergency. The bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to require the President, in evaluating a major disaster declaration request, to consider any impacts of the disaster that: (1) will impede the recovery efforts of affected individuals or the community; and (2) may not be addressed under disaster programs administered by the Federal Emergency Management Agency (FEMA) but are addressed by other disaster programs. The bill amends the Post-Katrina Emergency Management Reform Act of 2006 to require FEMA to include within the emergency management performance grants program grants supporting joint interagency cooperation between state agencies responsible for responding to wildfires. Not later than 15 days after the President declares a major disaster under the Stafford Act, or after a state of emergency is declared by a governor, the appropriate federal banking agencies and the Bureau of Consumer Financial Protection shall issue guidance to depository institutions located in the disaster area for reducing regulatory burdens for borrowers and communities to facilitate recovery from the disaster. | {"src": "billsum_train", "title": "Wildfire Regulatory Relief Act of 2018"} | 1,114 | 273 | 0.592007 | 1.725622 | 0.907705 | 4.586498 | 4.202532 | 0.924051 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans' Appeals
Improvement Act of 1993''.
(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.
SEC. 2. COMPOSITION OF THE BOARD OF VETERANS' APPEALS.
(a) Board Members and Personnel.--Section 7101(a) is amended to
read as follows:
``(a)(1) There is in the Department a Board of Veterans' Appeals
(hereafter in this chapter referred to as the `Board'). The Board is
under the administrative control and supervision of a Chairman directly
responsible to the Secretary.
``(2) The members of the Board shall be the Chairman, a Vice
Chairman, such number of Deputy Vice Chairmen as the Chairman may
designate under subsection (b)(4), and such number of other members as
may be found necessary to conduct hearings and consider and dispose of
matters properly before the Board in a timely manner. The Board shall
have such other professional, administrative, clerical, and
stenographic personnel as are necessary to conduct hearings and
consider and dispose of matters properly before the Board in a timely
manner.''.
(b) Appointment and Removal of Board Members.--Section 7101(b) is
amended--
(1) in paragraph (2)(A), by striking ``other members of the
Board (including the Vice Chairman)'' and inserting in lieu
thereof ``Board members other than the Chairman'';
(2) in paragraph (2)(B), by striking ``paragraph'' and
inserting in lieu thereof ``subparagraph''; and
(3) by striking out paragraph (4) and inserting in lieu
thereof the following new paragraph (4):
``(4) The Secretary shall designate one Board member as Vice
Chairman based upon recommendations of the Chairman. The Chairman may
designate one or more Board members as Deputy Vice Chairmen. The Vice
Chairman and any Deputy Vice Chairman shall perform such functions as
the Chairman may specify. The Vice Chairman shall serve as Vice
Chairman at the pleasure of the Secretary. Any Deputy Vice Chairman
shall serve as Deputy Vice Chairman at the pleasure of the Chairman.''.
(c) Acting Board Members.--Section 7101(c) is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following new paragraph (1):
``(1) The Chairman may from time to time designate one or more
employees of the Department to serve as acting Board members.'';
(2) by striking out paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated--
(A) by striking out ``temporary Board members
designated under this subsection and the number of'';
and
(B) by striking out ``section 7102(a)(2)(A)(ii) of
this title'' and inserting in lieu thereof ``paragraph
(1) of this section''.
(d) Chairman's Annual Report.--Section 7101(d)(2) is amended--
(1) in subparagraph (D), by striking out ``year; and'' and
inserting in lieu thereof ``year;'';
(2) in subparagraph (E), by striking out ``year.'' and
inserting in lieu thereof ``year; and''; and
(3) by adding at the end the following:
``(F) the names of those employees of the Department
designated under subsection (c)(1) to serve as acting Board
members during that year and the number of cases each such
acting Board member participated in during that year.''.
(e) Conforming Amendments.--(1) Section 7101(d)(3)(B) is amended by
striking out ``section 7103(d)'' and inserting in lieu thereof
``section 7101(b)''.
(2) Section 7101(e) is amended in the first sentence by striking
out ``a temporary or'' and inserting in lieu thereof ``an''.
SEC. 3. ASSIGNMENT OF MATTERS BEFORE THE BOARD.
Section 7102 is amended to read as follows:
``Sec. 7102. Assignment of matters before the Board
``The Chairman may determine any matter before the Board, or rule
on any motion in connection therewith, or may assign any such matter or
motion to any other Board member or a panel of members for
determination. Any such assignment by the Chairman may not be reviewed
by any other official or by any court, whether by an action in the
nature of mandamus or otherwise.''.
SEC. 4. DETERMINATIONS BY THE BOARD.
(a) In General.--Section 7103(a) is amended to read as follows:
``(a) When the Chairman retains a matter or submits it to another
Board member or a panel of members for determination in accordance with
section 7102 of this title, or to an expanded panel of Board members in
accordance with subsection (b) of this section, the Chairman, other
member, or panel of members may:
``(1) Issue an order dismissing any appeal, in whole or in
part, which fails to allege specific error of fact or law in
the determination being appealed or in which the determination
being appealed has become moot. Each order of dismissal shall
include a written statement of the Board's findings and
conclusions, and the reasons or bases for those findings and
conclusions, in support of the dismissal.
``(2) Issue an order remanding the case, in whole or in
part, to the agency of original jurisdiction for such
additional development as the Chairman, other member, or panel
of members may consider necessary for proper disposition of the
case.
``(3) Render a written decision with respect to any issues
not dismissed or remanded, which decision shall constitute the
Board's final disposition of the issues so decided. Such
decisions shall be based on the entire record in the
proceeding, upon consideration of all evidence and material of
record, and upon applicable provisions of law and regulation.
The Board shall be bound in its decisions, including allowances
made under the provisions of subsection (d) of this section, by
the regulations of the Department, the instructions of the
Secretary, and the precedent opinions of the chief legal
officer of the Department. Each decision of a Board member or a
panel of members shall include--
``(A) a written statement of the Board's findings
and conclusions, and the reasons or bases for those
findings and conclusions, on all material issues of
fact and law presented on the record; and
``(B) an order granting appropriate relief or
denying relief.
Decisions by a panel of Board members, except as otherwise
provided in subsection (b), shall be made by a majority of the
members of the panel.''.
(b) Reconsideration.--Section 7103(b) is amended to read as
follows:
``(b) The decision of a Board member or a panel of members is
final, unless the Chairman orders reconsideration of the case, and a
claim disallowed by the Board may not thereafter be reopened or allowed
except as provided in section 5108 of this title and subsection (d) of
this section. If the Chairman orders reconsideration in a case, the
case shall be considered upon reconsideration by a panel of members
other than the Chairman if one member originally decided the case or by
an expanded panel of members other than the Chairman if a panel
originally decided the case. When a panel considers a case after a
motion for reconsideration has been granted, the decision of a majority
of the panel members shall constitute the final decision of the Board,
except as provided in subsection (d). If the expanded panel cannot
reach a majority decision, the Chairman may either assign additional
members other than the Chairman to the panel or vote with the members
of the expanded panel so as to create a majority decision. Either the
expanded panel majority or the majority made with the vote of the
Chairman shall constitute the final decision of the Board, except as
provided in subsection (d).''.
(c) Administrative Allowance; Notice of Determination.--Section
7103 is amended by adding at the end the following:
``(d) Whenever a Board member other than the Chairman or Vice
Chairman is of the opinion that a prior, otherwise final denial of a
claim should be revised or amended to allow the claim in whole or in
part, based on a difference of opinion as to how the evidence should be
evaluated rather than on any error in the prior decision, the Board
member shall recommend such allowance to the Chairman or Vice Chairman.
The Chairman or Vice Chairman, whether upon the recommendation of any
other Board member or upon the Chairman's or Vice Chairman's own
motion, if of the opinion that a prior, otherwise final denial of a
claim should be revised or amended to allow the claim in whole or in
part, based on a difference of opinion as to how the evidence should be
evaluated rather than on any error in the prior decision, shall approve
the award of any benefit, or any increase therein, on the basis of such
difference of opinion. The discretionary exercise of the authority
provided to the Chairman and Vice Chairman under this subsection shall
not be reviewed by any other official or by any court, whether by an
action in the nature of mandamus or otherwise.
``(e) After reaching a determination under any of the provisions of
this section, the Board shall promptly mail a copy of its written
decision to the appellant and the appellant's authorized representative
(if any) at the last known address of the appellant and at the last
known address of such representative (if any), respectively.''.
SEC. 5. JURISDICTION OF THE BOARD.
Section 7104 is amended--
(1) by striking out ``(a)'';
(2) by striking out ``211(a)'' and inserting in lieu
thereof ``511(a)''; and
(3) by striking out all after ``made by the Board.''.
SEC. 6. APPELLATE PROCEDURE.
Section 7105(d) is amended by striking out paragraph (5).
SEC. 7. MEDICAL OPINIONS.
Section 7109 is amended to read as follows:
``Sec. 7109. Medical opinions
``(a) A Board member or a panel of members before whom a matter
which involves a medical question is pending may, in the discretion of
the member or panel, request an opinion on that medical question from--
``(1) an employee of the Board who is licensed to practice
medicine in any State;
``(2) an employee of the Veterans Health Administration who
is licensed to practice medicine in any State and who has been
designated by the Under Secretary for Health to provide such an
opinion; or
``(3) an employee of any Federal department or agency who
is licensed to practice medicine in any State and who has been
designated, in accordance with arrangements made by the
Secretary with the head of any such Federal department or
agency, to provide such an opinion.
``(b) When, in the judgment of a Board member or a panel of members
assigned a matter for determination in accordance with section 7102 of
this title, the medical complexity or controversy involved in that
matter warrants expert medical opinion in addition to, or in lieu of,
that available within the Department or within another Federal
department or agency, the Board may secure an advisory medical opinion
from one or more independent medical experts who are not employees of
the Department or of another Federal department or agency. The
Secretary shall make necessary arrangements with recognized medical
schools, universities, or clinics to furnish such advisory medical
opinions at the request of the Chairman. Any such arrangement shall
provide that the actual selection of the expert or experts to give the
advisory opinion in an individual case shall be made by an appropriate
official of such institution. For purposes of this section, an employee
of a medical school, university, or clinic shall not be considered an
employee of the Department or another Federal department or agency just
because the medical school, university, or clinic receives grants from,
or provides contract services to, the Department or another Federal
department or agency.
``(c) Any opinion provided under this section shall be in writing
and made a part of the record. The Board shall notify a claimant that
an advisory medical opinion has been requested under this section with
respect to the claimant's case and shall mail to the claimant and the
claimant's authorized representative (if any) at the last known address
of the claimant and at the last known address of such representative
(if any) a copy of such opinion when the Board receives it. An
opportunity for response by or on behalf of the claimant shall be
provided following the mailing of the copy (or copies) of such advisory
medical opinion.''.
SEC. 8. HEARINGS.
Section 7110 is amended to read as follows:
``Sec. 7110. Hearings
``(a) The Board shall decide any appeal only after affording the
appellant an opportunity for a hearing.
``(b) A hearing docket shall be maintained and formal recorded
hearings shall be held by such member or members of the Board as the
Chairman may designate. Such member or members designated by the
Chairman to conduct the hearing will participate in making the final
determination in the claim.
``(c) An appellant may request a hearing before the Board at either
its principal location or a regional office of the Department. Any
hearing held at a regional office of the Department shall be scheduled
for hearing in the order in which the requests for hearing in that area
are received by the Department at the place specified by the Department
for the filing of requests for such hearings.
``(d) At the request of the Chairman, the Secretary may provide
suitable facilities and equipment to the Board or other components of
the Department to enable an appellant located at a facility within the
area served by a regional office to participate, through voice
transmission, or picture and voice transmission, by electronic or other
means, in a hearing with a Board member or members sitting at the
Board's principal location. When such facilities and equipment are
available, the Chairman may, at his or her discretion, afford the
appellant an opportunity to participate in a hearing before the Board
through the use of such facilities and equipment in lieu of a hearing
held by personally appearing before a Board member or members as
provided in subsection (c).''.
SEC. 9. TABLE OF CONTENTS.
The table of contents at the beginning of chapter 71 is amended
by--
(1) striking ``7102. Assignment of members of Board.'' and
inserting in lieu thereof ``7102. Assignment of appellate
matters.'';
(2) striking ``7109. Independent medical opinions.'' and
inserting in lieu thereof ``7109. Medical opinions.''; and
(3) striking ``7110. Traveling sections.'' and inserting in
lieu thereof ``7110. Hearings.''.
SEC. 10. EFFECTIVE DATES OF AWARDS BASED ON DIFFERENCE OF OPINION.
Section 5110 is amended by adding at the end the following new
subsection:
``(o) The effective date of the award of any benefit, or any
increase therein, pursuant to section 7103(d) of this title on the
basis of a difference of opinion shall be--
``(1) if the award resulted from review initiated by an
application to reopen the claim for the benefit in question
under the provisions of section 5108 of this title, fixed in
accordance with the facts found but shall not be earlier than
the date the Department of Veterans Affairs received such
application; or
``(2) if the award resulted from review of the final
determination undertaken by the Department of Veterans Affairs
solely on its own initiative, the date the Chairman or Vice
Chairman of the Board of Veterans' Appeals approved the
award.''. | Veterans' Appeals Improvement Act of 1993 - Provides for the appointment by the Chairman of the Board of Veterans Appeals of any necessary number of Deputy Vice Chairmen. Rescinds the Chairman's authority to appoint temporary Board members from employees of the Department of Veterans Affairs. Removes current limitations on the authorized period of service for acting Board members. Requires the Chairman to include in an annual report information as to the number of acting Board members who served during the previous year and the number of appeal cases each such member participated in.
Authorizes the Chairman to decide alone, or to assign to another Board member, any matter or motion before the Board. (Current law requires a minimum three-member Board determination of such matters.) Prohibits judicial review of any such assignments.
Authorizes the Board to: (1) dismiss appeals which allege no specific error of fact or law or in which the determination being appealed has become moot; (2) remand cases for which additional developments require appropriate disposition; and (3) render a written final Board decision on issues not dismissed or remanded. Revises provisions concerning situations under which the Chairman shall exclude himself from the reconsideration of an appeal. Provides for the reconsideration of a case based on a difference of opinion as to how the evidence should be evaluated rather than on a specific error in the prior decision.
Authorizes Board members to collect medical opinions from Board employees, Department employees, or employees of other Federal departments and agencies, as long as such employees are licensed to practice medicine in any State. Requires such opinions to be in writing and to be made part of the record, with an opportunity for the appellant to respond. Revises provisions concerning appellant hearing procedures. | {"src": "billsum_train", "title": "Veterans' Appeals Improvement Act of 1993"} | 3,533 | 379 | 0.550791 | 1.715418 | 0.772365 | 2.655786 | 10.014837 | 0.845697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Transparency and
Accountability Act of 2015''.
SEC. 2. FLOOD INSURANCE TRANSPARENCY, ACCOUNTABILITY, AND REFORM.
(a) Reports and Other Claim-Related Documents.--Section 1312 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4019) is amended by
adding at the end the following:
``(d) Final Engineering Reports.--The Administrator shall require
that, in the case of any on-site inspection of a property by an
engineer for the purpose of assessing any claim for losses covered by a
policy for flood insurance coverage provided under this title, the
final engineering report shall be provided to the insured under the
policy, as follows:
``(1) Timing.--The final engineering report may not be
transmitted to any other person, employer, agency, or entity,
before it is transmitted to the insured.
``(2) Prohibition on alterations; certification.--The final
engineering report may not include alterations by, or at the
request of, anyone other than the responsible in charge for
such report and shall include a certification, signed by the
responsible in charge for the report, that it does not contain
any such alterations.
``(3) Transmittal.--The final engineering report shall be
transmitted to the insured in a manner as the Administrator
shall provide that provides reasonable assurance that it was
transmitted directly to the insured by the responsible in
charge.
``(4) Reports covered.--For purposes of this subsection,
the term `final engineering report' means an engineering
report, survey, or other document in connection with such claim
that--
``(A) is based on such on-site inspection;
``(B) contains final conclusions with respect to an
engineering issue or issues involved in such claim; and
``(C) is signed by the responsible in charge or
affixed with the seal of such responsible in charge, or
both.
``(e) Claims Adjustment Reports.--The Administrator shall require
that, in the case of any on-site inspection of a property by a claims
adjustor for the purpose of assessing any claim for losses covered by a
policy for flood insurance coverage provided under this title, any
report shall be provided to the insured under the policy, as follows:
``(1) Timing.--Such report may not be transmitted to any
other person, employer, agency, or entity, before it is
transmitted to the insured.
``(2) Prohibition on alterations; certification.--The
report may not include alterations by, or at the request of,
anyone other than such preparer and shall include a
certification, signed by the preparer of the report, that it
does not contain any such alterations.
``(3) Transmittal.--The report shall be transmitted to the
insured in a manner as the Administrator shall provide that
provides reasonable assurance that it was transmitted directly
to the insured by the preparer.
``(4) Reports covered.--For purposes of this subsection,
the term `report' means any report or document in connection
with such claim that is based on such on-site inspection by the
claims adjustor, including any adjustment report and field
report. Such term also includes any draft, preliminary version,
or copy of any such report and any amendments or additions to
any such report. Such term does not include any engineering
report, as such term is defined for purposes of subsection (d).
``(f) Other Claim-Related Documents.--
``(1) Definition of claim-related document.--In this
subsection, the term `claim-related document' means any
document, other than a final engineering report (as defined in
subsection (d)) or a report (as defined in subsection (e)),
that was prepared for the purposes of assessing a claim for
losses covered by flood insurance made available under this
title, including--
``(A) a repair and replacement estimate or bid;
``(B) an appraisal;
``(C) a scope of loss;
``(D) a drawing;
``(E) a plan;
``(F) a report, including a draft report prepared
based on an on-site inspection of a property conducted
by a claims adjustor or engineer;
``(G) a third-party finding on the amount of loss,
amount of covered damage, or cost of repairs; and
``(H) any other valuation, measurement, or loss
adjustment calculation of the amount of loss, amount of
covered damage, or cost of repairs.
``(2) Availability of documents.--Any entity servicing a
claim under the national flood insurance program--
``(A) shall retain each claim-related document
prepared by or for the entity;
``(B) upon request by a claimant or an authorized
representative of a claimant, shall provide to the
claimant or representative a copy of any claim-related
document described in subparagraph (A) that pertains to
the claimant; and
``(C) not later than 30 days after receiving notice
of a claim, shall notify the claimant that the claimant
or an authorized representative of the claimant may
obtain, upon request, a copy of any claim-related
document described in subparagraph (A) that pertains to
the claimant.''.
(b) Judicial Review.--
(1) Government program with industry assistance.--Section
1341 of the National Flood Insurance Act of 1968 (42 U.S.C.
4072) is amended by striking ``within one year after the date
of mailing of notice of disallowance or partial disallowance by
the Administrator'' and inserting the following: ``not later
than the expiration of the 2-year period beginning upon the
date of the occurrence of the losses involved in such claim or,
in the case of a denial of a claim for losses that is appealed
to the Administrator, not later than (1) the expiration of the
90-day period beginning upon the date of a final determination
upon appeal denying such claim in whole or in part, or (2) the
expiration of such 2-year period, whichever is later''.
(2) Industry program with federal financial assistance.--
Section 1333 of the National Flood Insurance Act of 1968 (42
U.S.C. 4053) is amended by striking ``within one year after the
date of mailing of notice of disallowance or partial
disallowance of the claim'' and inserting the following: ``not
later than the expiration of the 2-year period beginning upon
the date of the occurrence of the losses involved in such claim
or, in the case of a denial of a claim for losses that is
appealed to the Administrator, not later than (1) the
expiration of the 90-day period beginning upon the date of a
final determination upon appeal denying such claim in whole or
in part, or (2) the expiration of such 2-year period, whichever
is later''.
(c) Flood Insurance Advocate.--Section 24(b) of the Homeowner Flood
Insurance Affordability Act of 2014 (42 U.S.C. 4033(b)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in subparagraph (5), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(6) provide a direct point of contact for policyholders
under the National Flood Insurance Program to discuss the
status of their claim appeals and the basis of the decision to
initially deny their claims.''.
(d) Records and Reviews.--Section 1348 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4084) is amended by adding at the end
the following:
``(c) Annual Review.--The Administrator shall conduct an annual
review of each private entity participating in the national flood
insurance program, including any company that has entered into a
contract with a Write Your Own insurance company to provide any service
related to a policy or claim under the national flood insurance
program, including adjusting, engineering, and legal services, to
ensure compliance with this title and with all policies and procedures
established by the Administrator to prevent fraud and protect
policyholders.''.
(e) Publication of Claims Data.--Section 1312 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4019), as amended by subsection (a),
is amended by adding at the end the following:
``(g) Publication of Claims Data.--Not later than 1 year after the
date of enactment of the Flood Insurance Transparency and
Accountability Act of 2015, the Administrator shall create and maintain
a publically searchable online database that includes, with respect to
claims filed under the national flood insurance program after that date
of enactment--
``(1) the number of claims filed each month, broken down by
State;
``(2) the number of claims paid in part or in full;
``(3) the number of claims denied and the reasons cited for
each denial; and
``(4) the number of claim denials appealed, the number of
claim denials upheld on appeal, and the number of claim denials
overturned on appeal.''.
(f) Engineering and Litigation Costs.--Section 1311 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4018) is amended by adding at
the end the following:
``(c) Engineering and Litigation Costs.--The Administrator shall--
``(1) in order to ensure that taxpayer funds are being
appropriately expended, establish clear guidelines and
standards to require that any engineering or litigation cost
billed to the national flood insurance program by a Write Your
Own insurance company is justified on a case-by-case basis,
both by the entity that originally incurs the cost and by the
Write Your Own Company; and
``(2) enforce compliance with the guidelines and standards
established under paragraph (1).''.
(g) Earth Movement.--Section 1306 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4013) is amended by adding at the end the
following:
``(e) Earth Movement.--A flood insurance claim filed under this
title for damage to or loss of property shall not be denied based on
the earth movement exclusion in the Standard Flood Insurance Policy if
the claim is filed as the result of a flood, including a claim for
damage to or loss or property caused by earth movement that was caused
by a flood.''.
(h) Appeals Process.--Section 205 of the Bunning-Bereuter-
Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note) is
amended--
(1) by striking ``Not later than'' and inserting ``(a) In
General.--Not later than''; and
(2) by adding at the end the following:
``(b) Review of Appeals.--
``(1) Clarity.--The Director shall ensure that the appeals
process established under subsection (a) has clear rules,
forms, and deadlines.
``(2) Notification upon initial denial of claim.--The
Director shall ensure that a claimant is provided with the
rules, forms, and deadlines described in paragraph (1) at the
time a claim is first denied in full or in part, including--
``(A) the effective date of the denial;
``(B) a justification for the denial, including
supporting documentation;
``(C) the date on which the period of limitation
for instituting an action against the Administrator on
the claim under section 1341 will end; and
``(D) a point of contact through which the claimant
can directly discuss an appeal with a representative of
the Federal Emergency Management Agency.
``(3) Notification upon denial of appeal.--If the
Administrator denies an appeal filed by a policyholder, the
Administrator shall include with the notice of denial an
explanation of the policyholder's legal options for further
challenging the denial.''.
(i) Definition of Write Your Own.--Section 1370(a) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4121(a)) is amended--
(1) in paragraph (14), by striking ``and'' at the end;
(2) in paragraph (15), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(16) the term `Write Your Own' means the cooperative
undertaking between the insurance industry and the Federal
Insurance and Mitigation Administration which allows
participating property and casualty insurance companies to
write and service standard flood insurance policies.''.
SEC. 3. REPORTS TO CONGRESS.
(a) Definitions.--In this section--
(1) the term ``National Flood Insurance Program'' means the
program established under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.);
(2) the term ``Task Force'' means the National Flood
Insurance Program Transformation Task Force established by the
Federal Emergency Management Agency; and
(3) the term ``Write Your Own'' has the meaning given the
term in section 1370(a) of the National Flood Insurance Act of
1968 (42 U.S.C. 4121(a)), as amended by section 2(i).
(b) Report to Congress on Accountability for Defrauding
Policyholders.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to Congress a
report on specific actions the Department of Homeland Security will
take to identify individuals and private entities that have engaged in
activities to defraud policyholders under the National Flood Insurance
Program following Superstorm Sandy and prevent those individuals and
private entities from continuing to receive Federal funding through--
(1) contracts with, or employment by, a Write Your Own
insurance company; or
(2) employment by the Federal Emergency Management Agency.
(c) Report to Congress on Recommendations of the NFIP
Transformation Task Force.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall submit to Congress a report that describes--
(1) the recommendations of the Task Force for reforming the
National Flood Insurance Program;
(2) a timeline for implementing the recommendations of the
Task Force; and
(3) any recommendations of the Task Force that require
additional legislation. | Flood Insurance Transparency and Accountability Act of 2015 This bill amends the National Flood Insurance Act of 1968 (NFIA) to direct the Federal Emergency Management Agency (FEMA) to declare that the final engineering report of an on-site property inspection conducted by an engineer to assess claims for losses covered by a flood insurance policy: may not be transmitted to any other person, employer, agency, or entity before it is transmitted to the insured; may not include alterations by anyone other than the person responsible for the report; and shall be transmitted to the insured in a manner giving reasonable assurance that it is transmitted directly to the insured by the responsible person in charge. The bill prescribes the manner in which such reports (including any adjustment and field reports) shall be transmitted to the insured. The bill revises the statute of limitations for appealing a disallowed claim for judicial review. The current limit of one year after the mailing date of FEMA's notice of disallowance or partial disallowance is repealed. The statute shall be extended to two years after the occurrence of the losses involved in a claim. If FEMA, or an insurance company denies any claim for losses that is appealed to FEMA, the claimant may institute an action in U.S. district court not later than the later of: (1) the expiration of the 90-day period beginning the date of a final determination upon appeal denying such claim in whole or in part, or (2) the expiration of the 2-year period after the occurrence of the losses. The Homeowner Flood Insurance Affordability Act of 2014 is amended to require the Flood Insurance Advocate to provide a direct point of contact for policyholders under the National Flood Insurance Program to discuss the status of their claim appeals and the basis of the initial decision to deny their claims. The NFIA is further amended to require FEMA to conduct an annual review of each private entity participating in the Program, including any company that has contracted with a Write Your Own insurance company to provide any service related to a policy or claim under the Program, including adjusting, engineering, and legal services, to ensure compliance with FEMA policies and procedures to prevent fraud and protect policyholders. A Write Your Own means the cooperative undertaking between the insurance industry and the Federal Insurance Administration which allows participating property and casualty insurance companies to write and service standard flood insurance policies. FEMA shall also: (1) create and maintain a publically searchable online database that includes specified information regarding claims filed under the Program, and (2) establish guidelines and standards to require that any engineering or litigation cost billed to the Program by a Write Your Own insurance company is justified on a case-by-case basis. A claim for damage to or loss of property shall not be denied based on the exclusion of earth movement (earthquake, volcanic eruption, landslide, sinkhole, mudflow, or shock wave) in the Standard Flood Insurance Policy if the claim is filed as the result of a flood, including a claim for damage to or loss or property caused by earth movement caused by a flood. The Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 is amended to require FEMA to ensure that: (1) the appeals process has clear rules, forms, and deadlines; (2) these are given to a claimant at the time a claim is first denied; and (3) the policyholder's legal options are explained upon denial of appeal. The Department of Homeland Security shall report to Congress on specific actions it will take to: identify individuals and private entities that have engaged in activities to defraud policyholders under the Program following Superstorm Sandy, and prevent those individuals and private entities from continuing to receive federal funding. FEMA shall report to Congress regarding National Flood Insurance Program Transformation Task Force recommendations for reforming the Program, and a timeline for implementing them. | {"src": "billsum_train", "title": "Flood Insurance Transparency and Accountability Act of 2015"} | 3,212 | 826 | 0.623205 | 2.064013 | 0.694627 | 5.032345 | 3.995957 | 0.916442 |
SECTION 1. LAND EXCHANGE WITH CITY OF GREELEY, COLORADO, AND THE WATER
SUPPLY AND STORAGE COMPANY.
(a) In General.--If the city of Greeley, Colorado, and The Water
Supply and Storage Company, a Colorado mutual ditch company, offer to
transfer all their right, title, and interest in and to the Rockwell
Ranch property and Timberline Lake property, and The Water Supply and
Storage Company designated lands, all described in subsection (b), the
Secretary of Agriculture shall, in exchange for such property, transfer
to the city and to the company, as they each shall designate, all
right, title, and interest of the United States, including the mineral
estate, in and to the Federal lands described in subsection (c) within
12 months of the date of the city's and company's offer.
(b) City and Company Lands.--
(1) The city and company lands to be exchanged under this
section are these lands depicted on maps entitled ``Rockwell
Ranch Property Land Exchange'' and ``Timberline Lake Property''
and ``Cameron Pass Lands'' dated ______________ 1995.
(2) The Rockwell Ranch property is comprised of 4 parcels
containing approximately 520 acres of lands.
(3) The Timberline Lake Property is a parcel of
approximately 10 acres located in the Comanche Peak Wilderness
which shall be conveyed by quit claim deed for the purposes of
eliminating any future title conflict between the city of
Greeley and the United States in regard to the property.
(4) The Cameron Pass Lands consist of 2 parcels totaling
approximately 178 acres owned by The Water Supply and Storage
Company.
(c) Federal Lands To Be Exchanged.--The Federal lands to be
exchanged under this section are those lands depicted on the maps
referred to in subsection (b) as ``Federal Exchange Lands''. The total
area of Federal lands to be exchanged is approximately 1,176 acres,
including approximately 447 acres occupied by the city and the company
under perpetual easements of the United States Department of the
Interior, Numbers D-028135 and D-029149. The Federal lands to be
exchanged include the following:
(1) All Federal land within the high water contour lines of
the following existing reservoirs: Barnes Meadow, Chambers
Lake, Comanche, Hourglass, Long Draw, Milton Seaman, Peterson
Lake, and Twin Lakes, together with their dams and structures.
The high water line is defined as the elevation at the dam
crest of each reservoir.
(2) A surcharge and operational access area around each
reservoir consisting of an average 50 foot horizontal
projection from the high water line and an average 100 foot
horizontal projection from the outer perimeter of all dams and
appurtenant structures, including but not limited to, outlets,
measuring devices, spillways, wasteways, toe drains, canals,
abutments, and the Peterson Lake operations cabin, as generally
depicted on such map. The access area to the east of Long Draw
Reservoir will be limited to the extent necessary to convey
only those lands within the boundary of the National Forest.
(3) Those Federal lands which would be occupied by an
enlargement of Seaman Reservoir to an approximate capacity of
43,000 acre feet (but not to exceed 50,000 acre feet),
including an average 50 foot horizontally projected buffer zone
around the enlarged water line and structures, and an 80-acre
parcel of Federal land south of Seaman Reservoir potentially
required for a downstream damsite on the North Fork of the
Cache la Poudre River, as generally depicted on such map.
SEC. 2. TERMS AND CONDITIONS RELATING TO LAND EXCHANGE.
The land exchange under section 1 shall be processed in accordance
with Forest Service Land Exchange Regulations in part 254 of title 36,
Code of Federal Regulations, subpart A subject to the direction in
section 1 and the following terms and conditions:
(1) The United States shall grant perpetual access
easements to the city of Greeley and to The Water Supply and
Storage Company to the lands conveyed by the United States
under section 1 as part of the consideration of this exchange.
The United States shall reserve easements for all designated
roads and trails crossing any Federal lands to be conveyed that
are necessary to assure public access to adjoining National
Forest lands.
(2) The city of Greeley, Colorado, and The Water Supply and
Storage Company shall continue to make the following facilities
accessible to visitors to the Roosevelt National Forest:
Chambers, Long Draw, Peterson, Barnes Meadow, Comanche, Seaman
and Twin Lakes Reservoirs, under rules and restrictions as
determined by the city and the company.
(3)(A) All special use permits and/or easements or other
instruments authorizing occupancy of the Federal lands
identified in section 1(c) are rescinded upon completion of the
exchange.
(B) The conditions specified in the December 28, 1994, and
the January 4, 1995, easements for Long Draw, Peterson Lake and
Barnes Meadow Reservoirs requiring a joint operations plan
providing instream winter flows to the mainstream of the Cache
La Poudre River from Chambers Lake and Barnes Meadow shall
continue to be fulfilled regardless of land ownership unless
mutually agreed otherwise.
(C) No further consultation with the United States Fish and
Wildlife Service shall be required for completion of this land
exchange.
(D) No additional conditions, including instream or bypass
flow requirements, shall be required as a condition of this
land exchange.
(4) The exchange under section 1 does not include any water
right owned by the city of Greeley, Colorado, or The Water
Supply and Storage Company, except as provided in section 2(5).
(5) The city of Greeley's one-half interest in the
following rights associated with the Rockwell Ranch property,
to wit: Rockwell Ditches No. 1 in the volume of 1.2 c.f.s., No.
2 in the volume of 1.7 c.f.s., No. 3 in the volume of 2.68
c.f.s., No. 4 in the volume of 1.87 c.f.s., No. 5 in the volume
of 1.95 c.f.s. and No. 6 in the volume of 2.5 c.f.s., diverting
from the South Fork of the Cache la Poudre River, and its
tributaries, Little Beaver Creek and the North Fork of Little
Beaver Creek, and all with the appropriation date of December
31, 1888, shall be dedicated to the Colorado Water Conservation
Board in perpetuity for the instream flow program of the State
of Colorado upon completion of the exchange.
(6) The Federal Exchange Lands to be exchanged under
section 1 shall be conveyed to the city of Greeley and to The
Water Supply and Storage Company by means of a land exchange
deed issued by an authorized officer of the United States
Department of Agriculture, Forest Service, and notwithstanding
any other requirements of law, the Secretary of Agriculture is
authorized to conduct and approve all cadastral surveys
necessary for completion of the exchange.
(7) Values of the respective lands exchanged between the
United States and the city of Greeley and The Water Supply and
Storage Company pursuant to section 1 are deemed to be of
approximately equal value, without any need for cash
equalization, as based on statements of value prepared by a
qualified Forest Service Review Appraiser.
(8) It is recognized that some Federal lands to be conveyed
to the city of Greeley and The Water Supply and Storage Company
will create new holdings in otherwise consolidated areas of
Federal ownership. If the city or the company decide to
permanently discontinue reservoir operations on any of the
properties acquired through this exchange, the United States
Forest Service, Arapaho-Roosevelt National Forest Supervisor
shall be advised of the intent to perform nonreconstructive
breaching of the dam for purposes of permanently terminating
reservoir operations. Upon such notification, the United States
Forest Service will be afforded the opportunity to reacquire
property at fair market value or exchange or upon such other
terms and conditions as the parties may agree for a period of
time not to exceed one year.
(9) The Federal lands to be exchanged under section 1, with
the exception of the Seaman Reservoir enlargement area and
potential new damsite below Seaman Reservoir on the North Fork
of the Cache la Poudre River, are already fully developed and
authorized for occupancy by the city of Greeley and The Water
Supply and Storage Company. Therefore, this land exchange may be
completed without further inventory or consultation under the National
Historic Preservation Act. Should the city of Greeley seek enlargement
of Seaman Reservoir or construction of a new dam on the North Fork of
the Poudre River below Seaman Reservoir for a Seaman Reservoir
Enlargement, the site will be subject to all Federal statutes and
regulations applicable at the time of proposed construction.
(10) The Forest Service shall grant a 20-year easement to
the city of Greeley for use of the existing cabin in the north
half of the southwest quarter of Section 30, Township 8 North,
Range 72 West. The easement shall allow the use of the cabin,
other improvements, and access to the forest lands nearby. The
access road shall be available for city employees to access the
cabin for recreational purposes and to the United States Forest
Service for administrative purposes.
(11) The Forest Service shall grant a 20-year easement to
the city of Greeley for use of approximately 1 acre of land
under the existing cabin in the vicinity of Jacks Gulch
Campground on Pingree Road as depicted on the attached map. The
easement shall include the administrative use of the access
road to the cabin and the reservation of the use of the cabin
to those permitted under the existing special use permit.
SEC. 3. ADMINISTRATION OF LANDS ACQUIRED BY THE UNITED STATES.
The Rockwell Ranch, Timberline Lake, and Cameron Pass Lands
acquired by the United States under this Act shall be added to and
administered as part of the Roosevelt National Forest. Those portions
of such property located within a wilderness area shall be added to and
administered as part of the wilderness area.
SEC. 4. BOUNDARY MODIFICATION OF THE ARAPAHO NATIONAL FOREST AND
ROOSEVELT NATIONAL FOREST.
(a) In General.--In order to provide for more efficient
administration of certain Federal lands adjoining the Arapaho National
Forest and Roosevelt National Forest, the exterior boundary of the
Arapaho Forest is hereby modified as shown on Department of
Agriculture, Forest Service map entitled ``Boundary Modification,
Arapaho National Forest'' dated ____, 1995, and the exterior boundary
of the Roosevelt Forest is hereby modified as shown on Department of
Agriculture, Forest Service map entitled ``Boundary Modification,
Roosevelt National Forest'', dated ____, 1995. The maps and a legal
description of the boundary changes shall be on file and available for
public inspection in the offices of the Chief of the Forest Service and
appropriate field offices.
(b) Administration.--All Federal lands brought within the boundary
of the Arapaho National Forest and Roosevelt National Forest by this
Act are hereby added to the Arapaho National Forest and Roosevelt
National Forest, respectively, and shall be administered in accordance
with the laws, rules, and regulations applicable to the National Forest
System.
(c) Availability of Certain Lands.--For the purpose of section 7 of
the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-9), the
boundary of the Arapaho National Forest and Roosevelt National Forest,
as modified by this section, shall be treated as if it were the
boundary of that forest as of January 1, 1965. | Directs the Secretary of Agriculture to transfer specified Federal lands to the city of Greeley, Colorado, and The Water Supply and Storage Company, a Colorado mutual ditch company if the city and the company offer to transfer to the United States the Rockwell Ranch and Timberline Lake property and specified company-designated lands.
Specifies exchange terms and conditions, including that: (1) the United States shall grant perpetual access easements to the city and the company to the lands conveyed; (2) the city and the company shall continue to make specified facilities accessible to visitors to the Roosevelt National Forest; (3) all special use permits, easements or other instruments authorizing occupancy of certain identified Federal lands are rescinded; (4) conditions specified in certain easements for Long Draw, Peterson Lake, and Barnes Meadow Reservoirs requiring a joint operations plan providing instream winter flows to the mainstream of the Cache La Poudre River from Chambers Lake and Barnes Meadow shall continue to be fulfilled regardless of land ownership unless mutually agreed otherwise; and (5) the United States Forest Service shall grant a 20-year easement to the city for use of approximately one acre of land under the existing cabin in the vicinity of Jacks Gulch Campground on Pingree Road.
Directs that the Rockwell Ranch, Timberline Lake, and Cameron Pass Lands acquired by the United States under this Act be added to and administered as part of the Roosevelt National Forest.
Modifies the boundary of the Arapaho and Roosevelt National Forests to provide for more efficient administration of certain Federal lands adjoining such Forests. | {"src": "billsum_train", "title": "To provide for an exchange of lands with the city of Greeley, Colorado, and The Water Supply and Storage Company to eliminate private inholdings in wilderness areas, to cause instream flows to be created above a Wild and Scenic River, to eliminate potential development on private inholdings within the Forest boundary, to reduce the need for future water reservoirs, to reduce the number of Federal land use authorizations, and to improve the security of the water supply of the city and the company, and for other purposes."} | 2,598 | 343 | 0.626019 | 2.378699 | 0.760885 | 5.749153 | 7.932203 | 0.962712 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Technology Indexation Act of
1993''.
SEC. 2. INDEXING STANDARDS.
Section 5(g) of the Export Administration Act of 1979 (50 U.S.C.
App. 2404(g)) is amended to read as follows:
``(g) Indexing.--
``(1) Removal of obsolete requirements.--
``(A) In general.--In order to ensure that
requirements for validated licenses and other licenses
authorizing multiple exports are periodically removed
as goods or technology subject to such requirements
become obsolete with respect to the national security
or the policies of the United States, not later than 6
months after the date of enactment of the High
Technology Indexation Act of 1993, the Secretary shall
establish, in response to recommendations of technical
advisory committees under paragraph (2), indexing
standards which provide for increases in the
performance levels of goods or technology described in
paragraph (2)(A) that are subject to any such licensing
requirements.
``(B) Emphasis.--The indexing standards required
under subparagraph (A) shall emphasize the technical
specifications of goods or technology below which no
authority or permission to export is required.
``(C) Removal of controls.--With respect to goods
or technology referred to in subparagraph (B) which no
longer require licensing under the increased
performance level standards established in accordance
with subparagraph (A)--
``(i) the removal of controls on exports of
such goods or technology to controlled
countries shall be incorporated into United
States proposals to all multilateral regimes;
and
``(ii) controls under this section on
exports of such goods or technology to
countries other than controlled countries shall
be removed, after consultations with the
multilateral regimes, as appropriate, unless--
``(I) the Secretary, after
consultation with the Secretary of
Defense, the Secretary of State, and
the heads of other appropriate
executive departments (as defined in
section 101 of title 5, United States
Code), makes a determination that
removal of controls on the goods or
technology will permit exports that
will be detrimental to the national
security or the policies of the United
States; and
``(II) the Secretary reports that
determination in writing, together with
a description of the specific
anticipated impact on the national
security or the policies of the United
States, to the Committee on Foreign
Affairs of the House of Representatives
and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
``(D) Other considerations.--The Secretary shall
also consider, where appropriate, eliminating site
visitation requirements for goods and technology from
which export controls have been removed under this
paragraph.
``(2) Recommendations.--
``(A) In general.--In carrying out this subsection,
the Secretary shall direct the technical advisory
committees appointed under subsection (h) to recommend
indexing standards for goods or technology--
``(i) which are eligible for export under a
distribution license;
``(ii) which are eligible for favorable
consideration under the rules of the
Coordinating Committee;
``(iii) below which exports require only
notification of the governments participating
in the Coordinating Committee; and
``(iv) below which no authority or
permission to export may be required under this
section.
``(B) Submission and determination of acceptance.--
The technical advisory committees shall submit their
recommendations for indexing standards as they are made
to the Secretary, who shall determine, not later than
30 days after each submission, or not later than 45
days after a submission in the event of an objection by
the head of any other executive department, whether to
accept the standards or to refer them back to the
appropriate technical advisory committee for further
consideration.
``(C) Timing of proposals.--The proposals referred
to in paragraph (1)(C)(i) shall be made at the next
meeting of the Coordinating Committee, or any other
multilateral regime, at which list review is conducted,
that is held after the indexing standards established
under this subsection are applied to the goods or
technology involved.
``(3) Policies.--For purposes of this subsection, the term
`policies of the United States' means foreign policy and the
non-proliferation policies referred to in section 6.''.
SEC. 3. SUPERCOMPUTER EXPORTS.
(a) Supercomputer Exports and Reexports.--Section 5(a) of the
Export Administration Act of 1979 (50 U.S.C. 2404(a)) is amended by
adding at the end the following new paragraph:
``(7) Supercomputer definition.--
``(A) Performance-based indexing system.--The
Secretary shall, not later than 6 months after the date
of the enactment of this paragraph, publish in the
Federal Register a performance-based indexing system in
order to ensure that the definition of `supercomputer'
under paragraph (6)(A) and all controls and security
safeguard procedures applicable to supercomputer
exports and reexports are commensurate with
technological advances in the supercomputer industry.
``(B) Security safeguard procedures.--Under the
indexing system published in accordance with
subparagraph (A), for destinations in any country
(other than a controlled country) that is a party to
and, as determined by the President, is adhering to the
Treaty on the Non-Proliferation of Nuclear Weapons
(done at Washington, London, and Moscow on July 1,
1968) or the Treaty for the Prohibition of Nuclear
Weapons in Latin America (done at Mexico on February
14, 1967), no security safeguard procedures may be
required in connection with any export or reexport of a
supercomputer with a composite theoretical performance
at or below approximately 15 percent of the composite
theoretical performance of the average of the 2 most
powerful supercomputers currently available
commercially in the United States or elsewhere.
``(C) Advisory committee input.--Before publishing
the performance-based indexing system under
subparagraph (A), the Secretary shall seek the views of
the appropriate technical advisory committees appointed
under subsection (h), and other interested parties.
``(D) Reports to congress.--Not later than 2 weeks
after publication of such system in the Federal
Register, the Secretary shall submit a written report
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate, that includes--
``(i) the text of the Federal Register
notice;
``(ii) a summary of the views expressed by
the technical advisory committees and other
interested parties with respect to the
performance-based indexing system; and
``(iii) a description of how the
performance-based indexing system addresses the
views of the technical advisory committees
appointed under subsection (h) and other
interested parties.
``(E) Definition.--For purposes of this paragraph,
the term `security safeguard procedures' means
procedures that are required by the Department of
Commerce, as a condition of an authorization to export
or reexport a supercomputer, primarily to restrict
access to and resale of such supercomputer.''. | High Technology Indexation Act of 1993 - Amends the Export Administration Act of 1979 to change from discretionary to mandatory the Secretary of Commerce's authority to establish indexing standards which provide for automatic increases (instead of currently authorized annual increases) in the performance levels of certain goods or technology subject to export licensing controls. Requires removal from the commodity control list of goods or technology which no longer require licensing under the increased performance level standards, unless the Secretary reports to specified congressional committees that removal of controls will permit exports detrimental to U.S. national security or U.S. policies.
Directs the Secretary to require technical advisory committees to recommend indexing standards for certain goods or technology.
Requires the Secretary to publish in the Federal Register a performance-based indexing system to ensure that the definition of "supercomputer" and all controls and security safeguard procedures on supercomputer exports or reexports are commensurate with technological advances. Sets forth circumstances under which such safeguards are not required. | {"src": "billsum_train", "title": "High Technology Indexation Act of 1993"} | 1,566 | 217 | 0.649317 | 1.979222 | 0.788704 | 2.620112 | 8.178771 | 0.843575 |
SECTION 1. DESIGNATION OF MILITARY INSTALLATIONS AND CERTAIN
COMMUNITIES AS ENTERPRISE ZONES AND REDEVELOPMENT AREAS.
(a) Designation as Enterprise Zones.--Notwithstanding the
designation process specified in section 701 of the Housing and
Community Development Act of 1987 (42 U.S.C. 11501), each military
installation selected for closure or substantial realignment under a
base closure law shall be designated by the Secretary of Housing and
Urban Development as an enterprise zone for purposes of title VII of
such Act. An enterprise zone designated under this subsection shall
include the local community within the administrative and political
jurisdiction of which the military installation is located.
(b) Designation as Redevelopment Areas.--Notwithstanding the
designation process specified in section 401 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3161), each military
installation selected for closure or substantial realignment under a
base closure law shall be designated by the Secretary of Commerce as a
redevelopment area for purposes of such Act. A redevelopment area
designated under this subsection shall include the local community
within the administrative and political jurisdiction of which the
military installation is located.
(c) Time for Designations.--The designations of a military
installation as an enterprise zone under subsection (a) and as a
redevelopment area under subsection (b) shall be made not later than 60
days after the date on which the installation is recommended for
closure or substantial realignment in a base closure report transmitted
to the Congress by the President pursuant to section 2903(e) of the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), and such report is not
disapproved by the Congress in a joint resolution enacted under section
2908 of such Act. In the case of military installations selected for
closure or substantial realignment before the date of the enactment of
this Act, the designations under subsections (a) and (b) shall be made
not later than 60 days after the date of the enactment of this Act.
(d) Treatment of Designated Installations.--Enterprise zones
designated under subsection (a) shall be in addition to the 100
enterprise zones authorized to be designated under section 701(a)(2)(A)
of the Housing and Community Development Act of 1987 (42 U.S.C.
11501(a)(2)(A)).
(e) Course of Action.--In the case of an enterprise zone designated
under subsection (a), the course of action required under section
701(d) of the Housing and Community Development Act of 1987 (42 U.S.C.
11501(d)) for the enterprise zone may be funded from proceeds of
programs administered by the Secretary of Defense or the Secretary of
Commerce to provide economic adjustment assistance or community
planning assistance in connection with the closure or realignment of
military installations.
(f) Review of Redevelopment Area Designation.--The designation of a
military installation as a redevelopment area under subsection (b)
shall remain in effect for the 5-year period beginning on the date of
the designation. After such period, the Secretary of Commerce shall
conduct an annual review of such area under section 402 of the Public
Works and Economic Development of 1965 (42 U.S.C. 3162) and shall
terminate or modify such designation whenever the area does not satisfy
the designation requirements of section 401 of such Act.
(g) Definitions.--For purposes of this section:
(1) The term ``base closure law'' means--
(A) the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note); and
(B) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
(2) The term ``substantial realignment'' means a reduction
in the operation of a military installation such that 50
percent or more of the personnel assigned to or employed at the
military installation, including civilian employees of the
Department of Defense and members of the Armed Forces, are
reassigned or transferred to another military installation.
SEC. 2. PRIORITY FOR COMMERCIAL USE OF PROPERTY ON MILITARY
INSTALLATIONS DESIGNATED AS ENTERPRISE ZONES AND
REDEVELOPMENT AREAS.
Section 501(a) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11411(a)) is amended by adding at the end the following new
sentence: ``In the case of a military installation designated as an
enterprise zone for purposes of title VII of the Housing and Community
Development Act of 1987 (42 U.S.C. 11501 et seq.) and as a
redevelopment area for purposes of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.), the Secretary may not
identify buildings or other properties located on the military
installation as suitable for use to assist the homeless until such time
as (1) the Secretary certifies to the Congress that the buildings or
other properties are no longer being considered for commercial uses
consistent with the designation of the military installation as an
enterprise zone, and (2) the Secretary of Commerce certifies to the
Congress that the buildings or other properties are no longer being
considered for redevelopment uses consistent with the designation of
the military installation as a redevelopment area.''. | Requires each military installation selected for closure or substantial realignment under a base closure law to be designated as: (1) an enterprise zone for purposes of title VII of the Housing and Community Development Act of 1987; and (2) a redevelopment area for purposes of title IV of the Public Works and Economic Development Act of 1965 (making the local community of such military installation eligible for certain developmental financial and other assistance). Requires such designations to be made within 60 days after the recommendation for installation closure or realignment.
Amends the Stewart B. McKinney Homeless Assistance Act to prohibit the Secretary of Housing and Urban Development, in the case of each military installation designated as either an enterprise zone or a redevelopment area, from identifying buildings or other properties at such installation as suitable for housing for the homeless until: (1) such Secretary certifies to the Congress that such buildings or properties are no longer being considered for commercial uses as an enterprise zone; and (2) the Secretary of Commerce makes the same certification with respect to such use as a redevelopment area. | {"src": "billsum_train", "title": "To designate military installations selected for closure or realignment under a base closure law, and the communities within which such military installations are located, as enterprise zones for purposes of title VII of the Housing and Community Development Act of 1987 and as redevelopment areas for purposes of the Public Works and Economic Development Act of 1965."} | 1,235 | 225 | 0.629393 | 1.788808 | 0.870874 | 4.029268 | 5.078049 | 0.917073 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access for Sportfishing Act of
2016''.
SEC. 2. FISHERY MANAGEMENT MEASURES IN BISCAYNE NATIONAL PARK.
(a) In General.--Notwithstanding anything to the contrary in
section 103 of Public Law 96-287 (16 U.S.C. 410gg-2), the Secretary of
the Interior may not implement or enforce any restrictions on
recreational fishing, charter fishing, or commercial fishing in any
portion of Biscayne National Park, developed as part of any general
management plan, fishery management plan, or other measure adopted
after December 31, 2014.
(b) Exception.--Notwithstanding the general prohibition under
subsection (a), the Secretary of the Interior may implement and enforce
restrictions on recreational fishing, charter fishing, or commercial
fishing in any portion of Biscayne National Park as part of a park
fishery management plan if the restrictions are--
(1) developed in formal coordination and consultation with
the Fish and Wildlife Conservation Commission of the State of
Florida;
(2) based upon the best and most recent scientific
information available regarding the fishery resources in
Biscayne National Park, with priority given to scientific
information relied upon by the State of Florida for fish
conservation and management in State waters;
(3) the least restrictive measures necessary for effective
fish conservation and management that will provide the best
fishing opportunities in the affected areas of the park on a
continuing basis, such as--
(A) size limits;
(B) possession limits;
(C) gear restrictions or requirements;
(D) seasonal closures; and
(E) access permits; and
(4) for the sole purpose of fishery conservation and
management.
(c) Rule of Construction.--Nothing in this section may be construed
to apply to lands, waters, or interests donated by the State of Florida
after June 28, 1980, to the administrative jurisdiction of the National
Park Service for the purpose of the Biscayne National Park. Fishing on
such lands and waters shall continue to be in conformance with State
law.
(d) Definitions.--
(1) In general.--In this section, the terms ``fish'',
``fishery resource'', ``fishing'', ``charter fishing'',
``commercial fishing'', ``conservation and management'', and
``recreational fishing'' have the meanings given those terms in
section 3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802).
(2) Definition of formal coordination and consultation.--In
this section, the term ``formal coordination and consultation''
means a process memorialized in a memorandum of understanding
between Biscayne National Park and the Fish and Wildlife
Conservation Commission of the State of Florida.
SEC. 3. SHARK CONSERVATION ACT OF 2010.
(a) In General.--The Act entitled ``An Act to amend the High Seas
Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens
Fishery Conservation and Management Act to improve the conservation of
sharks'', approved January 4, 2011 (Public Law 111-348; 124 Stat.
3668), is amended--
(1) by striking section 104 and inserting the following:
``SEC. 104. PROHIBITION ON SHARK FEEDING.
``(a) Prohibition.--Except as provided in section 317 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1866), it is unlawful for any person--
``(1) to engage in shark feeding; or
``(2) to operate a vessel for the purpose of carrying a
passenger for hire to any site to engage in shark feeding or to
observe shark feeding.
``(b) Additional Prohibited Acts.--It is unlawful for any person--
``(1) to violate this section or any regulation promulgated
under this section;
``(2) to refuse to permit any officer authorized to enforce
the provisions of this section to board a fishing vessel
subject to such person's control for purposes of conducting any
search or inspection in connection with the enforcement of this
section or any regulation promulgated under the section;
``(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in
the conduct of any search or inspection described in paragraph
(2);
``(4) to resist a lawful arrest for any act prohibited by
this section; or
``(5) to interfere with, delay, or prevent, by any means,
the apprehension or arrest of another person, knowing that such
other person has committed any act prohibited by this section.
``(c) Limitation.--Any incidental feeding or attracting of a shark
in the course of educational or scientific research conducted under a
permit issued by the Secretary of Commerce or lawful fishing under the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) shall not be considered a violation of this section.
``(d) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (a) or subsection (b) of this section shall
be liable to the United States for a civil penalty under section 308 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1858).
``(e) Criminal Penalty.--Any person who commits an act that is
unlawful under paragraph (2), (3), (4), or (5) of subsection (b) of
this section is deemed to be guilty of an offense punishable under
section 309(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1859(b)).
``(f) Enforcement.--
``(1) In general.--The Secretary of Commerce and the
Secretary of the department in which the Coast Guard is
operating shall prevent any person from violating this section
in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though sections 308 through
311 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1858, 1859, 1860, 1861) were incorporated into
and made a part of this Act.
``(2) Penalties and privileges.--Any person who violates
this section is subject to the penalties and entitled to the
privileges and immunities provided in the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) in the same manner and by the same means as though
sections 308 through 311 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1858, 1859, 1860,
1861) were incorporated into and made a part of this Act.
``(g) Definitions.--In this section:
``(1) Passenger for hire.--The term `passenger for hire'
has the meaning given that term in section 2101(21a) of title
46, United States Code.
``(2) Shark feeding.--The term `shark feeding' means the
introduction of food or any other substance into the water to
feed or attract sharks for any purpose other than to harvest
sharks.
``SEC. 105. RULE OF CONSTRUCTION.
``Nothing in this Act or the amendments made by this Act shall be
construed as affecting, altering, or diminishing in any way the
authority of the Secretary of Commerce to establish such conservation
and management measures as the Secretary considers appropriate under
sections 302(a)(3) and 304(g) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a)(3) and 1854(g)).'';
and
(2) in section 1, by striking the item relating to section
104 and inserting the following:
``Sec. 104. Prohibition on shark feeding.
``Sec. 105. Rule of construction.''.
(b) Relation to Other Laws.--Nothing in this section or the
amendments made by this Act supercedes more restrictive State laws or
regulations regarding shark feeding in State waters.
SEC. 4. BILLFISH CONSERVATION ACT OF 2012.
(a) Exemptions for Traditional Fisheries and Markets.--Section
4(c)(1) of the Billfish Conservation Act of 2012 (16 U.S.C.
1827a(c)(1)) is amended by inserting ``and retained'' after ``landed''.
(b) Deadline for Issuance of Final Regulations.--The Secretary of
Commerce shall issue a final rule implementing the Billfish
Conservation Act of 2012 (16 U.S.C. 1827a), as amended by this Act, not
later than 45 days after the date of enactment of this Act. | . Access for Sportfishing Act of 2016 (Sec.2)This bill requires the National Park Service to meet several requirements before implementing any fishing restrictions in Biscayne National Park located in Homestead, Florida. The requirements include basing any restriction on sound fisheries management, coordinating with the state of Florida, prioritizing scientific information relied upon by the state of Florida, and ensuring any restriction is the least restrictive measure necessary. (Sec.3)Additionally, the bill amends the Shark Conservation Act of 2010 to make shark feeding illegal in all U.S. waters. The bill alsoamends the Billfish Conservation Act to maintain a prohibition on the sale of marlin, sailfish, and spearfish while ensuring that the exemption for traditional fisheries does not create new markets for these species. Nothing in this bill shall affect the authority of the National Oceanic and Atmospheric Administration to establish conservation and management regulationsunder the Magnuson-Stevens Fishery Conservation and Management Act. | {"src": "billsum_train", "title": "Access for Sportfishing Act of 2016"} | 2,001 | 220 | 0.534765 | 1.499464 | 0.841896 | 2.228916 | 10.349398 | 0.722892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Abuse, Violence, and
Exploitation of Elders Act of 2012'' or the ``SAVE Elders Act of
2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The population of individuals age 65 or older in the
United States is growing and is estimated to reach \1/5\ of the
total population of the United States by the year 2030.
(2) According to a 2011 report by the Government
Accountability Office, during a recent year, 1 out of every 7
older individuals living in a home or community-based setting
experienced some form of elder abuse.
(3) According to a report by the Bureau of Justice
Statistics, ``Criminal Victimization in the United States,
2008'', 54 percent of crimes involving victims age 65 or older
are unreported.
(4) The Crime Victims Fund, which was established to
support victims of crime--
(A) is funded by the proceeds of forfeited bonds,
criminal penalty assessments, and fines collected from
persons convicted of offenses against the United
States; and
(B) does not receive funds from taxpayers in the
United States.
(5) No amounts are specifically allocated from the Crime
Victims Fund to individuals age 65 or older who experience
victimization in the form of abuse, neglect, or exploitation.
(6) The Government Accountability Office estimates that
elder abuse investigations by Adult Protect Services in 33
States may increase by 28 percent by the year 2020.
(7) The Federal Government and State governments use
varying definitions of the term ``elder abuse''. The definition
of ``elder abuse'' used by a State government is recognized as
the primary definition to ensure consistent administration of
existing and future elder abuse programs by the State.
SEC. 3. AMENDMENTS TO THE VICTIMS OF CRIME ACT OF 1984.
(a) Crime Victims Fund.--
(1) In general.--Section 1402(d) of the Victims of Crime
Act of 1984 (42 U.S.C. 10601(d)) is amended--
(A) by redesignating paragraph (2) as paragraph
(1); and
(B) by inserting after paragraph (1), as so
redesignated, the following:
``(2)(A) Subject to subparagraph (C), for each fiscal year
in which the obligation limitation is greater than the
obligation limitation for fiscal year 2012, the first
$20,000,000 made available for obligation in the fiscal year
after the amount equal to the obligation limitation for fiscal
year 2012 is made available shall be available for grants under
section 1404F.
``(B)(i) Subject to subparagraph (C), in any fiscal year in
which an amount less than $20,000,000, or no amount, is made
available under subparagraph (A) for grants under section
1404F, and the amount available in the Fund is greater than the
obligation limitation for the fiscal year, the amount described
in clause (ii) shall be deposited into an elder abuse reserve
fund and shall be available to make grants under section 1404F.
``(ii) The amount described in this clause is an amount
that is the lesser of--
``(I) the difference between--
``(aa) $20,000,000; and
``(bb) the amount made available under
subparagraph (A) for grants under section 1404F
in the fiscal year; and
``(II) the limitation surplus for the fiscal year.
``(iii) The Director may carry over amounts in the elder
abuse reserve fund established under clause (i) from fiscal
year to fiscal year.
``(iv) Amounts in the elder abuse reserve fund established
under clause (i) shall not be subject to the obligation
limitation.
``(C) The sum of the amounts made available under
subparagraphs (A) and (B) for grants under section 1404F in a
fiscal year shall be not more than $20,000,000.
``(D) For purposes of this paragraph--
``(i) the term `obligation limitation' means the
amount in the Fund that is made available for
obligation in a fiscal year under the applicable
appropriations act; and
``(ii) the term `limitation surplus' means, with
respect to a fiscal year, the amount that is equal to
the difference between--
``(I) the amount available in the Fund; and
``(II) the obligation limitation for the
fiscal year.''.
(2) Technical and conforming amendments.--The Victims of
Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended--
(A) in section 1402--
(i) in subsection (d)--
(I) in paragraph (3), by striking
``paragraph (2)'' and inserting
``paragraphs (1) and (2)''; and
(II) in paragraph (5)(A)--
(aa) in the first sentence,
by inserting ``(1),'' before
``(2)''; and
(bb) in the second
sentence, by inserting ``(1),''
before ``(2)''; and
(ii) in subsection (g)--
(I) in paragraph (1), in the matter
preceding subparagraph (A), by striking
``(d)(2)'' and inserting ``(d)(1)'';
and
(II) in paragraph (2), by striking
``(d)(2)'' and inserting ``(d)(1)'';
(B) in section 1404(a)(1), by striking
``1402(d)(2)'' and inserting ``1402(d)(4)''; and
(C) in section 1404A, in the first sentence, by
striking ``1402(d)(2)'' and inserting ``1402(d)(1)''.
(3) Sense of congress.--It is the sense of Congress that--
(A) in establishing the maximum amount available
for obligation during a fiscal year in the Fund
established under section 1402 of the Victims of Crime
Act of 1984 (42 U.S.C. 10601), the maximum should be
increased by the amount described in such section
1402(d)(2)(A), as amended by paragraph (1), as compared
to the maximum amount that would otherwise be
established; or
(B) the amount described in paragraph (2)(B) of
section 1402(d) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)), as added by paragraph (1), should be
made available on an annual basis to be used for
compensation and assistance to victims of elder abuse.
(b) Compensation and Assistance to Victims of Elder Abuse.--The
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. COMPENSATION AND ASSISTANCE TO VICTIMS OF ELDER ABUSE.
``(a) Definitions.--In this section--
``(1) the term `elder abuse'--
``(A) means the abuse, exploitation, or neglect, as
those terms are defined in section 2011 of the Social
Security Act (42 U.S.C. 1397j), of an individual who
is--
``(i) age 65 or older; and
``(ii) lawfully present in the United
States; and
``(B) with respect to a State that receives a grant
under this section, includes any other conduct not
described in subparagraph (A) that is defined as elder
abuse under the laws of the State; and
``(2) the term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the United States Virgin Islands,
American Samoa, and the Northern Mariana Islands.
``(b) Grants Authorized.--
``(1) In general.--Subject to paragraph (2), the Director
shall use the amounts made available under section 1402(d)(2)
to make grants to States to support--
``(A) eligible crime victim assistance programs, as
defined in section 1404(b)(1), that provide assistance
to victims of elder abuse; and
``(B) programs that improve the investigation,
handling (as defined under the laws of a State), and
prosecution of cases of elder abuse.
``(2) State apportionments.--
``(A) Base amounts.--Of the amounts allocated for
grants to States under paragraph (1), the Director
shall apportion--
``(i) 0.5 percent to--
``(I) each of the several States of
the United States;
``(II) the District of Columbia;
and
``(III) the Commonwealth of Puerto
Rico;
``(ii) 0.25 percent to--
``(I) Guam; and
``(II) the United States Virgin
Islands; and
``(iii) 0.125 percent to--
``(I) American Samoa; and
``(II) the Northern Mariana
Islands.
``(B) Remaining amounts.--
``(i) In general.--Amounts remaining after
apportionment under subparagraph (A) of the
amounts allocated under paragraph (1) shall be
apportioned among the States according to a
formula established by the Director.
``(ii) Formula.--The formula described in
clause (i) shall be based on the following
factors:
``(I) The population of individuals
age 65 or older in a State in relation
to the population of individuals age 65
or older in all States.
``(II) The population of
individuals age 65 or older in a State
in relation to the population of the
State.
``(III) The overall rate of crime
in a State, as determined by the Bureau
of the Census.
``(3) Federal share.--The Federal share of the cost of a
program carried out by 1 of the several States, the District of
Columbia, or the Commonwealth of Puerto Rico using a grant
under this section may not exceed 80 percent.
``(c) Biennial Report.--The Attorney General, acting through the
Director, shall submit to Congress a biennial report on--
``(1) the use of funds made available under section
1402(d)(2) during each of the 2 preceding fiscal years; and
``(2) the administration of this section, including--
``(A) a complete and detailed analysis of--
``(i) the manner in which each State that
receives amounts under this section has
distributed the amounts; and
``(ii) significant problems, if any, in
carrying out this section; and
``(B) recommendations for legislation to remedy the
problems, if any, identified under subparagraph
(A)(ii).''.
SEC. 4. ENHANCED OVERSIGHT OF DEPARTMENT OF JUSTICE GRANTS.
(a) Investigations by Attorney General.--The Attorney General,
acting through the Inspector General of the Department of Justice,
shall periodically conduct investigations, audits, and reviews of all
grants awarded by the Department of Justice to ensure the purposes of
the grants are achieved in the most efficient manner possible.
(b) Assessment of Department of Justice Grant Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall submit to
Congress an assessment of each grant program of the Department
of Justice to determine the extent of overlap and duplication.
(2) Requirements.--The assessment required to be submitted
under paragraph (1) shall--
(A) include recommended actions to address
duplication, including recommendations for
consolidation of existing programs to mitigate the risk
of duplication and improve the efficiency of the grant
programs to benefit the taxpayer; and
(B) identify any amendments to statutory language
needed to implement the recommendations described in
subparagraph (A).
(3) Coordination of grant programs.--The Attorney General
shall direct any office or division of the Department of
Justice that carries out a grant program to coordinate with
other offices or divisions on a consistent basis to review
anticipated grant awards.
(4) Consolidation authority.--Notwithstanding any other
provision of law, the Attorney General shall have the authority
to consolidate grant solicitations submitted to the Department
of Justice and provide flexibility to State, local, and tribal
grantees to meet the criminal justice needs of the State,
local, or tribal grantee and the intent of the grant program. | Stop Abuse, Violence, and Exploitation of Elders Act of 2012 or the SAVE Elders Act of 2012 - Amends the Victims of Crime Act of 1984 to designate specified funds from the Crime Victims Fund for grants for compensation and assistance to victims of elder abuse.
Defines "elder abuse" under that Act: (1) to mean the abuse, exploitation, or neglect of an individual who is age 65 or older and lawfully present in the United States; and (2) with respect to a state that receives a grant, to include any other conduct that is defined as such under the laws of the state.
Requires the Director of the Office of Victims of Crime to use such funds to make grants to states to support: (1) eligible crime victim assistance programs that provide assistance to victims of elder abuse; and (2) programs that improve the investigation, handling, and prosecution of cases of elder abuse.
Apportions specified percentages of grant amounts among the states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands and requires the amounts remaining after such apportionment to be distributed among the states based on: (1) the population of individuals age 65 or older in a state relative to the population of such individuals in all states, (2) the population of individuals age 65 or older in a state in relation to the population of the state, and (3) the overall rate of crime in a state.
Requires the Attorney General: (1) acting through the Inspector General of the Department of Justice (DOJ), to periodically review all DOJ grants to ensure the purposes of the grants are achieved in the most efficient manner possible; (2) to submit an assessment of each DOJ grant program to determine the extent of overlap and duplication; and (3) to direct any DOJ office that carries out a grant program to coordinate with other offices to review anticipated grant awards. | {"src": "billsum_train", "title": "A bill to dedicate funds from the Crime Victims Fund to victims of elder abuse, and for other purposes."} | 2,798 | 414 | 0.567068 | 1.922755 | 0.761099 | 4.678851 | 6.704961 | 0.950392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ecosystem and Indigenous Peoples
Protection Act''.
SEC. 2. FINDINGS; SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The Congress is pleased that the institutions of the
World Bank Group have adopted environmental assessment and
information access procedures. These policy changes have
generated increased concern for the environmental impact of
projects, and have created a greater environmental awareness at
such institutions. However, problems continue to arise in the
use by World Bank decision makers of information generated by
environmental assessments and the adequacy of their content.
Furthermore, while environmental information and compliance
with environmental and social policies has improved
substantially, there are inconsistencies and gaps in how the
World Bank implements their policies and procedures.
(2) Current environmental safeguards in the taxpayer-
supported international financial institutions are inadequate.
The World Bank does not prepare a full environmental assessment
for a significant portion of its activities. Even in those
cases where an environmental assessment is made, the assessment
is often not made available in a full or timely manner to the
United States Executive Director of the institution. The World
Bank's internal evaluation department found that the
environmental assessments have little to no impact on the
project design and project decisions. Internal reviews have
further determined that more than a third of all World Bank
projects either do not adhere to the environmental policies or
fail to meet environmental performance goals.
(3) Under current law, United States taxpayers are forced
to contribute funds even for projects that are opposed by the
United States Executive Director of the institution from which
funding for the project has been requested. For example, United
States taxpayers will contribute $27,200,000 for a loan that
will be used for a project that will result in resettlement
that will harm Tibetan and Mongolian indigenous peoples, and
despoil the environment of the region, notwithstanding that the
United States voted against providing a loan for the project.
(4) Projects of the World Bank Group resettle large numbers
of people. A world Bank study concluded that 543,000 people had
been relocated from 1986 through 1993. Almost 3,000,000 more
people are or will be resettled under the current active
portfolio, according to the World Bank. The Bank's inspection
panel has found an imbalance in execution of investment
components of Bank-financed projects and resettlement
components of the same projects, in large part due to the
common practice of leaving resettlement and environmental
measures to counterpart financing.
(5) United States funding should be made contingent on
evidence that the institutions will not make any loan or
provide any financial assistance that will have a significant
adverse environmental impact, including involuntary
resettlement and the destruction of forests or other natural
ecosystems.
(6) For several years, the Congress has made it a priority
to seek a broader policy framework for environmental and social
protection at the World Bank Group. The World Bank Group sets
the standards, which other international financial institutions
follow. In fact, the Congress has made environmental issues a
condition for United States contributions to the international
financial institutions. The World Bank repeatedly exhibits a
failure to comply with these environmental and social policies.
Furthermore, in 1999, 63 percent of the lending by the World
Bank is for macroeconomic adjustment programs that do not have
to follow environmental or social policies.
(7) The World Bank's board of directors and management have
consistently undermined the effectiveness of its only
accountability mechanism, the independent inspection panel, by
interfering with the ability of the panel to carry out
investigations of Bank policy violations in response to
legitimate citizen claims. The inspection panel was created in
response to calls by the Congress for more, not less,
accountability at the Bank.
(8) The United States and other donor governments agreed in
the replenishment negotiations for IDA 12 that the World Bank
Group should make more information publicly available and
improve overall transparency.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) the World Bank Group has not made significant progress
in complying with environmental policies or mandates;
(2) the World Bank Group should seek full compliance with
its environmental and social policies and policies on
information disclosure;
(3) the World Bank Group should apply its environmental and
social policies to all lending and financial instruments; and
(4) the World Bank should not interfere with the authority
or the independence of its inspection panel, and that panel
should have the mandate to cover all institutions in the World
Bank Group.
SEC. 3. PREVENTION OF UNITED STATES FUNDS FROM SUPPORTING WORLD BANK
GROUP OPERATIONS THAT DO NOT FULLY COMPLY WITH WORLD BANK
GROUP ENVIRONMENTAL AND SOCIAL POLICIES.
Title XIII of the International Financial Institutions Act (22
U.S.C. 262m-262m-7) is amended by adding at the end the following:
``SEC. 1308. PREVENTION OF UNITED STATES FUNDS FROM SUPPORTING WORLD
BANK GROUP OPERATIONS THAT DO NOT FULLY COMPLY WITH WORLD
BANK GROUP ENVIRONMENTAL AND SOCIAL POLICIES.
``(a) In General.--No department, agency, officer, or employee of
the United States may make funds available to an institution in the
World Bank Group if--
``(1) the Secretary of the Treasury, the Administrator of
the Environmental Protection Agency, or the Administrator of
the Agency for International Development determines that the
institution will use any part of the funds to provide financial
assistance with respect to a project or activity that will have
a significant adverse environmental impact, or that will
violate an environmental or social policy of the World Bank
Group;
``(2) the Secretary of the Treasury or the Administrator of
the Agency for International Development has certified to the
committees specified in subsection (d)(3) that a project funded
by the institution has resulted in significant involuntary
resettlement, unless the Secretary or the Administrator
subsequently have certified to such committees that the
institution has verified that all of the costs of such
resettlement, including all costs incurred by those
involuntarily resettled, have been paid by entities other than
those involuntarily resettled; or
``(3) the institution has not developed and implemented a
`pay-for-performance policy' which requires salary or pay
reduction, or termination of employment, for any employee of
the institution who is involved in the preparation, appraisal,
or implementation of any project or activity which, if
conducted, would violate any environmental or social policy of
the World Bank Group.
``(b) Use of United States Influence To Achieve Funding
Conditions.--The Secretary of the Treasury shall instruct the United
States Executive Director at each institution in the World Bank Group
to use the voice, vote, and influence of the United States to--
``(1) oppose the provision by the institution of financial
assistance of any kind for any project or activity that the
Administrator of the Environmental Protection Agency and the
Administrator of the Agency for International Development have
determined will have a significant adverse environmental impact
or violate an environmental or social policy of the World Bank
Group;
``(2) oppose the provision of financial assistance of any
kind for any project if, at least 120 days before the board of
directors of the institution votes to approve or disapprove the
project, the institution does not make available to the public
and to the United States Executive Director at the institution
all environmental assessments, technical information,
feasibility studies, consultant reports on environmental risks,
engineering studies, Project Appraisal Reports, Project
Information Documents, resettlement plans, plans involving
indigenous peoples, supervision reports, project completion
reports, performance audit reports, country assistance reviews,
draft policy papers, draft and final country assistance
strategies, quality assurance group reports, compliance unit
reports and audits, annual reviews of portfolio performance,
Policy Framework Papers, and all documentation related to the
categorization of projects and of environmental screening
documents relating to the project, and relating to all projects
with environmental and social impacts; and
``(3) oppose the provision of any financial assistance that
it would be unlawful for the Export-Import Bank of the United
States or the Overseas Private Investment Corporation to
provide, and seek to have the institution adopt the same
environmental policies limiting the provision of financial
assistance as apply to the Export-Import Bank of the United
States or the Overseas Private Investment Corporation.
``(c) Enforcement.--If the Secretary of the Treasury determines
that an international financial institution has provided financial
assistance for a project or activity over the opposition of the United
States Executive Director as expressed pursuant to subsection (b),
then, in addition to any reduction pursuant to this subsection with
respect to any other such project or activity, the Secretary shall
reduce the amount of any payment required to be made to the institution
by any department, agency, or instrumentality of the United States,
during the 5-year period beginning with the date the financial
assistance is so provided, by a percentage equal to--
``(1) the total amount of financial assistance to be
provided by the institution for the project or activity,
divided by the total amount of financial assistance to be
provided by the institution to all projects and activities
during the period for which financial assistance is to be
provided by the institution for the project or activity;
multiplied by
``(2) the total amount of contributions paid to the
institution by any department, agency, or instrumentality of
the United States during the 5-year period ending on the date
the assistance begins to be so provided, divided by the total
amount of contributions paid to the institution by all member
countries of the institution during such 5-year period.
``(d) Compliance Report.--
``(1) In general.--The Secretary of the Treasury, the
Administrator of the Environmental Protection Agency, and the
Administrator of the Agency for International Development shall
prepare annual reports on the extent to which the United States
Executive Directors at the institutions in the World Bank Group
have complied with subsection (b), and a statement of the
number of projects which were approved by such institutions,
notwithstanding opposition or abstention by the United States
Executive Directors involved, and a record of the United States
Executive Directors' voting records.
``(2) Efforts to have problem project watch lists
released.--The United States Executive Directors at the
institutions in the World Bank Group and the Secretary of the
Treasury shall seek the public release of any list which
details problem projects and those projects that do not comply
with an environmental or social policy of the World Bank Group.
``(3) Submission.--On October 1 of each fiscal year, the
Secretary of the Treasury, the Administrator of the
Environmental Protection Agency, and the Administrator of the
Agency for International Development shall submit each report
required by paragraph (1) to the Committee on Foreign Relations
and the Committee on Environment and Public Works of the Senate
and the Committee on Banking and Financial Services and the
Committee on International Affairs of the House of
Representatives.
``(e) Definitions.--In this section:
``(1) Environmental or social policy of the world bank
group.--The term `environmental or social policy of the World
Bank Group' includes Operational Policies (OP), Operational
Directives (OD), and Operational Policies Notes (OPN),
including the matters set forth in the following documents:
``(A) Information Policy.
``(B) Environmental assessment (OP 4.01).
``(C) Natural Habitats (OP 4.04).
``(D) Pest Management (OP 4.09).
``(E) Forestry (OP 4.36).
``(F) Safety of Dams (OP 4.37).
``(G) Cultural Property (OPN 4.11).
``(H) Indigenous Peoples (OD 4.20).
``(I) Involuntary Resettlement (OD 4.30).
``(J) Projects in International Waterwyas (OP
7.50).
``(K) Projects in Disputed Areas (OP 7.60).
``(L) Project Supervision (OD 13.05) .
``(M) Project Monitoring And Evaluation (OD 10.70).
``(2) Institution in the world bank group.--The term
`institution in the World Bank Group' means the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation,
and the Multilateral Investment Guarantee Agency.
``(3) Oppose.--The term `oppose' means, with respect to
voting, to vote `No'.
``(4) Significant.--The term `significant'--
``(A) in relation to an adverse environmental
impact, has the meaning given in section 1508.27 of
volume 40, Code of Federal Regulations (in effect as of
July 1, 1998); and
``(B) in relation to involuntary resettlement,
means any resettlement that affects indigenous
populations, and any resettlement project that affects
more than 500 individuals.''.
SEC. 4. ADVANCEMENT OF ENVIRONMENTAL AND SOCIAL GOALS.
Title XIII of the International Financial Institutions Act (22
U.S.C. 262m-262m-7) is further amended by adding at the end the
following:
``SEC. 1309. ADVANCEMENT OF ENVIRONMENTAL AND SOCIAL GOALS.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the institutions of the World Bank Group to use
the voice, vote, and influence of the United States to encourage the
institutions to--
``(1) establish a list of projects and categories of
projects for which the institutions will not provide financial
assistance because doing so would cause serious environmental
or social effects; and
``(2) work with other donor countries to establish an
environmental and social trust fund to ameliorate the
detrimental environmental and social effects caused by
projects.''.
SEC. 5. STRENGTHENING OF ENVIRONMENTAL ASSESSMENT REQUIREMENTS.
(a) Extension of Requirements to All International Financial
Institutions.--Section 1307 of the International Financial Institutions
Act (22 U.S.C. 262m) is amended--
(1) in subsections (a) through (f), except in subsection
(d)(2)--
(A) by striking ``multilateral development bank''
each place it appears and inserting ``international
financial institution''; and
(B) by striking ``banks'' each place it appears and
inserting ``institutions'';
(2) in subsection (d)(2), by striking ``a multilateral
development bank'' and inserting ``an international financial
institution''; and
(3) by striking subsection (g) and inserting the following:
``(g) International Financial Institution Defined.--In this
section, the term `international financial institution' has the meaning
given in section 1701(c)(2).''.
(b) Elimination of Exception to Assessment Requirement.--Section
1307(a) of such Act (22 U.S.C. 262m(a)) is amended--
(1) by striking ``(a) Assessment'' and all that follows
through ``(1) In general.--Beginning'' and inserting the
following:
``(a) Assessment Required Before Favorable Vote on Action.--
Beginning'';
(2) by striking ``(A)'' and inserting ``(1)'';
(3) by striking ``(B) except as provided in paragraph
(2),'' and inserting ``(2)'';
(4) by moving the provisions amended by paragraphs (2) and
(3) of this subsection 2 ems to the left; and
(5) by striking paragraph (2).
(c) Assessments To Include Proposals for Mitigating Potential
Adverse Environmental Impacts.--Section 1307(a)(1) of such Act (22
U.S.C. 262m(a)(1)), as amended by subsection (b) of this section, is
amended by inserting ``, and proposing methods to mitigate any
potential adverse environmental impacts of the proposed action,''
before ``has been completed''. | Amends the International Financial Institutions Act to provide that no U.S. funds may be made available to the World Bank Group: (1) if a determination is made that the use of any part of the funds will have a significant adverse environmental impact, or will violate an environmental or social policy of the World Bank Group; (2) if there is significant involuntary resettlement (with an exception); or (3) if a 'pay-for-performance policy' (requiring pay reduction or termination of employees involved in projects violating environmental or social policies) has not been implemented.
Requires the Secretary of the Treasury to instruct U.S. executive directors in the World Bank Group to use their influence to achieve funding conditions.
Provides for enforcement through payment reductions. Calls for public release of information on non- complying projects.
Describes the scope of World Bank Group environmental and social policies to include, among other matters, environmental assessment, pest management, safety of dams, cultural property and indigenous peoples. | {"src": "billsum_train", "title": "Ecosystem and Indigenous Peoples Protection Act"} | 3,464 | 217 | 0.504446 | 1.748649 | 0.696622 | 2.963542 | 17.0625 | 0.921875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Beneficiaries
Protection Act''.
SEC. 2. AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZATIONAL
REPRESENTATIVE PAYEES.
(a) OASDI Amendment.--Section 205(j)(5) of the Social Security Act
(42 U.S.C. 405(j)(5)) is amended by inserting after the first sentence
the following new sentence: ``In any case in which a representative
payee that is an organization (regardless of whether it is a `qualified
organization' within the meaning of paragraph (4)(B)) misuses all or
part of an individual's benefit paid to such representative payee, the
Commissioner of Social Security shall certify for payment to the
beneficiary or the beneficiary's alternative representative payee an
amount equal to the amount of such benefit so misused. The provisions
of this paragraph are subject to the limitations of paragraph
(6)(B).''.
(b) SSI Amendment.--Section 1631(a)(2)(E) of such Act (42 U.S.C.
1383(a)(2)(E)) is amended by inserting after the first sentence the
following new sentence: ``In any case in which a representative payee
that is an organization (regardless of whether it is a `qualified
organization' within the meaning of subparagraph (D)(ii)) misuses all
or part of an individual's benefit paid to such representative payee,
the Commissioner of Social Security shall make payment to the
beneficiary or the beneficiary's alternative representative payee of an
amount equal to the amount of such benefit so misused. The provisions
of this subparagraph are subject to the limitations of subparagraph
(F)(ii).''.
(c) Effective Date.--The amendments made by this section shall
apply to any case of benefit misuse by a representative payee with
respect to which the Commissioner of Social Security makes a
determination of misuse after the date of enactment of this Act.
SEC. 3. BONDING AND LICENSING REQUIREMENTS APPLICABLE TO
NONGOVERNMENTAL ORGANIZATIONAL REPRESENTATIVE PAYEES.
(a) OASDI Amendment.--Section 205(j)(4)(B) of the Social Security
Act (42 U.S.C. 405(j)(4)(B)) is amended by striking ``is bonded or
licensed in each State in which it serves as a representative payee''
and inserting ``provides a bond that meets the requirements specified
by the Commissioner of Social Security and is licensed in each State in
which it serves as a representative payee (if licensing is available in
such State)''.
(b) SSI Amendment.--Section 1631(a)(2)(D)(ii)(I) of such Act (42
U.S.C. 1383(a)(2)(D)(ii)(I)) is amended to read as follows:
``(I) provides a bond that meets the requirements specified
by the Commissioner of Social Security and is licensed in each
State in which it serves as a representative payee (if
licensing is available in such State); and''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the thirteenth month beginning after the
date of enactment of this Act.
SEC. 4. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY QUALIFIED
ORGANIZATIONAL REPRESENTATIVE PAYEES.
(a) OASDI Amendment.--Section 205(j)(4)(A) of the Social Security
Act (42 U.S.C. 405(j)(4)(A)) is amended--
(1) in clause (i), by striking ``A qualified organization''
and inserting ``Except as provided in clause (iii), a qualified
organization''; and
(2) by adding at the end the following new clause:
``(iii) A qualified organization may not collect a fee from an
individual for any month with respect to which the Commissioner of
Social Security or a court of competent jurisdiction has determined
that the organization has misused all or part of the individual's
benefit, and any amount collected by the qualified organization for
such month shall be treated as a misused part of the individual's
benefit for purposes of paragraphs (5) and (6).''.
(b) SSI Amendment.--Section 1631(a)(2)(D) of such Act (42 U.S.C.
1383(a)(2)(D)) is amended--
(1) in clause (i), by striking ``A qualified organization''
and inserting ``Except as provided in clause (v), a qualified
organization''; and
(2) by adding at the end the following new clause:
``(v) A qualified organization may not collect a fee from an
individual for any month with respect to which the Commissioner of
Social Security or a court of competent jurisdiction has determined
that the organization has misused all or part of the individual's
benefit, and any amount collected by the qualified organization for
such month shall be treated as a misused part of the individual's
benefit for purposes of subparagraphs (E) and (F).''.
(c) Effective Date.--The amendments made by this section shall
apply to any month involving benefit misuse by a representative payee
in any case with respect to which the Commissioner of Social Security
makes a determination of misuse after the date of enactment of this
Act.
SEC. 5. LIABILITY OF NONGOVERNMENTAL REPRESENTATIVE PAYEES FOR MISUSED
BENEFITS.
(a) OASDI Amendment.--Section 205(j) of the Social Security Act (42
U.S.C. 405(j)) is amended by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively, and inserting after paragraph (5)
the following new paragraph:
``(6)(A) If the Commissioner of Social Security or a court of
competent jurisdiction determines that a representative payee that is
not a State or local government agency has misused all or part of an
individual's benefit that was paid to such representative payee under
this subsection, the representative payee shall be liable for the
amount misused, and such amount (to the extent not repaid by the
representative payee) shall be treated as an overpayment of benefits
under this title to the representative payee for all purposes of this
Act and related laws pertaining to the recovery of such overpayments.
Subject to subparagraph (B), upon recovering all or any part of such
amount, the Commissioner shall certify an amount equal to the recovered
amount to such individual or the individual's alternative
representative payee.
``(B) The total of the amount certified to such individual or the
individual's alternative representative payee under subparagraph (A)
and the amount certified under paragraph (5) shall not exceed the total
benefit amount misused by the representative payee with respect to such
individual.''.
(b) SSI Amendment.--Section 1631(a)(2) of such Act (42 U.S.C.
1383(a)(2)) is amended by redesignating subparagraphs (F), (G), and (H)
as subparagraphs (G), (H), and (I), respectively, and inserting after
subparagraph (E) the following new subparagraph:
``(F)(i) If the Commissioner of Social Security or a court of
competent jurisdiction determines that a representative payee that is
not a State or local government agency has misused all or part of an
individual's benefit that was paid to such representative payee under
this paragraph, the representative payee shall be liable for the amount
misused, and such amount (to the extent not repaid by the
representative payee) shall be treated as an overpayment of benefits
under this title to the representative payee for all purposes of this
Act and related laws pertaining to the recovery of such overpayments.
Upon recovering all or any part of such amount, the Commissioner shall
make payment of an amount equal to the recovered amount to such
individual or the individual's alternative representative payee.
``(ii) The total of the amount paid to such individual or the
individual's alternative representative payee under clause (i) and the
amount paid under subparagraph (E) shall not exceed the total benefit
amount misused by the representative payee with respect to such
individual.''.
(c) Effective Date.--The amendments made by this section shall
apply to benefit misuse by a representative payee in any case with
respect to which the Commissioner of Social Security makes a
determination of misuse after the date of enactment of this Act.
SEC. 6. EXTENSION OF THE CIVIL MONETARY PENALTY
AUTHORITY.
(a) In General.--Section 1129(a) of the Social Security Act (42
U.S.C. 1320a-8(a)) is amended--
(1) by striking ``(A)'' and ``(B)'' and inserting ``(i)''
and ``(ii)'', respectively;
(2) by striking ``(a)(1)'' and inserting ``(a)(1)(A)'';
(3) by striking ``(2)'' and inserting ``(B)''; and
(4) by adding at the end the following new paragraph:
``(2) Any person (including an organization, agency, or
other entity (other than a State or local government agency))
who having received, while acting in the capacity as
representative payee pursuant to section 205(j) or section
1631(a)(2), a payment under title II or title XVI for the use
and benefit of another individual, converts such payment, or
any part thereof, to a use that such person knows or should
know is other than for the use and benefit of such other
individual, shall be subject to, in addition to any other
penalties that may be prescribed by law, a civil money penalty
of not more than $5,000 for each such violation.''.
(b) Conforming Amendments.--
(1) Section 1129(b)(3)(A) of such Act (42 U.S.C. 1320a-
8(b)(3)(A)) is amended by striking ``charging fraud or false
statements''.
(2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a-
8(c)(1)) is amended by striking ``and representations'' and
inserting ``, representations, or actions''.
(3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 1320a-
8(e)(1)(A)) is amended by striking ``statement or
representation referred to in subsection (a) was made'' and
inserting ``violation occurred''.
(c) Effective Date.--The amendments made by this section shall be
effective with respect to violations committed after the date of
enactment of this Act. | Social Security Beneficiaries Protection Act - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) with regard to: (1) authority to reissue OASDI and SSI benefits misused by organizational representative payees; (2) bonding and licensing requirements applicable to nongovernmental organizational representative payees; (3) fee forfeiture in case of benefit misuse by qualified organizational representative payees; and (4) liability of nongovernmental representative payees for misused benefits.Amends SSA title XI part A (General Provisions) to extend civil monetary penalty authority for SSA titles II and XVI with respect to representative payees who misuse and convert a payment under such titles to unauthorized uses. | {"src": "billsum_train", "title": "A bill to amend the Social Security Act to provide additional safeguards for beneficiaries with representative payees under the Old-Age, Survivors, and Disability Insurance program or the Supplemental Security Income program."} | 2,561 | 192 | 0.630088 | 1.844029 | 0.619101 | 2.823944 | 14.394366 | 0.838028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research to Accelerate Cures and
Equity for Children Act'' or the ``RACE for Children Act''.
SEC. 2. REQUIRED PEDIATRIC ASSESSMENTS.
(a) Molecular Targets Regarding Cancer Drugs.--Section 505B of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by inserting ``or'' after
``administration,''; and
(C) by inserting after subparagraph (B) the
following:
``(C) under section 505 of this Act or section 351
of the Public Health Service Act, as described in
subparagraph (A) or (B), that is directed at a
molecular target present in one or more cancers in one
or more pediatric populations,''; and
(2) in subsection (b)(1)--
(A) by amending subparagraph (A)(i) to read as
follows:
``(A)(i) the drug or biological product is used for
a substantial number of pediatric patients--
``(I) for the labeled indications; or
``(II) with respect to one or more specific
molecular targets present in cancers in
pediatric populations; and'';
(B) by amending subparagraph (B) to read as
follows:
``(B) there is reason to believe that the drug or
biological product would represent a meaningful
therapeutic benefit over existing therapies for
pediatric patients--
``(i) for one or more of the claimed
indications; or
``(ii) with respect to one or more specific
molecular targets present in cancers in
pediatric populations; or''; and
(C) by amending paragraph (2) of subsection (c) to
read as follows:
``(2) the drug or biological product is in a class of
products, is for an indication, or is directed at a specific
molecular target present in cancers in pediatric populations,
for which there is need for additional options.''.
(b) Early Meeting on Pediatric Study Plan.--
(1) In general.--Clause (i) of section 505B(e)(2)(C) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(e)(2)(C))
is amended to read as follows:
``(i) shall meet with the applicant--
``(I) if requested by the applicant
with respect to a drug that is directed
at a molecular target that is present
in one or more cancers in one or more
pediatric populations, as described in
subsection (a)(1)(C), to discuss, not
later than the end-of-Phase1 meeting
(as such term is used in section
312.82(b) of title 21, Code of Federal
Regulations, or successor regulations),
preparation of the initial pediatric
study plan;
``(II) to discuss the initial
pediatric study plan as soon as
practicable, but not later than 90
calendar days after the receipt of such
plan under subparagraph (A); and
``(III) to discuss any scientific
or operational challenges that may be
the basis of a deferral under
subsection (a)(3) or a full or partial
waiver under subsection (a)(4);''.
(2) Conforming changes.--Section 505B(e) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355c(e)) is amended--
(A) in the heading of paragraph (2), by striking
``meeting'' and inserting ``meetings'';
(B) in the heading of paragraph (2)(C), by striking
``Meeting'' and inserting ``Meetings'';
(C) in clauses (ii) and (iii) of paragraph (2)(C),
by striking ``no meeting'' each place it appears and
inserting ``no meeting under clause (i)(II)''; and
(D) in paragraph (3) by striking ``meeting under
paragraph (2)(C)(i)'' and inserting ``meeting under
paragraph (2)(C)(i)(II)''.
(c) Orphan Drugs.--Section 505B(k) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355c(k)) is amended by inserting ``except in
the case of a drug or biological product that is the subject of an
application described in subsection (a)(1)(C),'' after ``regulation,''.
(d) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services, acting through
the Commissioner of Food and Drugs, shall issue guidance on the
implementation of this section (including the amendments made by this
section), including study designs and molecular targets likely to be
present in one or more cancers in pediatric populations that are
appropriate for assessment under the amendments made by this Act.
(e) Applicability.--This Act and the amendments made by this Act
apply with respect to applications for a drug submitted under section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or
section 351 of the Public Health Service Act (42 U.S.C. 262) on or
after the date that is 18 months after the date of enactment of this
Act.
(f) Report to Congress.--Not later than July 12, 2021, the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs, shall submit to Congress a report on the
implementation of the amendments made by this section, together with
any recommendations of the Secretary regarding such amendments.
(g) Rule of Construction.--Nothing in this Act, including the
amendments made by this Act, shall limit the authority of the Secretary
of Health and Human Services to issue written requests under section
505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a). | Research to Accelerate Cures and Equity for Children Act or the RACE for Children Act This bill amends the Federal Food, Drug, and Cosmetic Act to expand requirements for assessing the use of medications in pediatric populations. Applications and supplements to applications for certain drugs and biological products, including orphan drugs, that could be used to treat pediatric cancer must include an assessment of pediatric use. Upon request, the Food and Drug Administration (FDA) must meet with the sponsor of such a medication to discuss the plan for pediatric studies. The FDA may require the sponsor of an approved medication that could be used to treat pediatric cancer to complete a pediatric assessment if: (1) the medication is used for a substantial number of pediatric cancer patients, or (2) there is reason to believe the medication would have a meaningful therapeutic benefit over existing therapies for pediatric cancer patients. The bill limits waivers of pediatric assessment requirements for certain medications that could be used to treat a pediatric cancer for which there is a need for additional treatment options. The FDA must meet with medication sponsors to discuss a deferral or waiver of the pediatric assessment requirement. | {"src": "billsum_train", "title": "RACE for Children Act"} | 1,416 | 233 | 0.593272 | 1.623695 | 0.77374 | 2.064815 | 5.625 | 0.777778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Needlestick Safety and Prevention
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Numerous workers who are occupationally exposed to
bloodborne pathogens have contracted fatal and other serious
viruses and diseases, including the human immunodeficiency virus
(HIV), hepatitis B, and hepatitis C from exposure to blood and
other potentially infectious materials in their workplace.
(2) In 1991 the Occupational Safety and Health Administration
issued a standard regulating occupational exposure to bloodborne
pathogens, including the human immunodeficiency virus, (HIV), the
hepatitis B virus (HBV), and the hepatitis C virus (HCV).
(3) Compliance with the bloodborne pathogens standard has
significantly reduced the risk that workers will contract a
bloodborne disease in the course of their work.
(4) Nevertheless, occupational exposure to bloodborne pathogens
from accidental sharps injuries in health care settings continues
to be a serious problem. In March 2000, the Centers for Disease
Control and Prevention estimated that more than 380,000
percutaneous injuries from contaminated sharps occur annually among
health care workers in United States hospital settings. Estimates
for all health care settings are that 600,000 to 800,000
needlestick and other percutaneous injuries occur among health care
workers annually. Such injuries can involve needles or other sharps
contaminated with bloodborne pathogens, such as HIV, HBV, or HCV.
(5) Since publication of the bloodborne pathogens standard in
1991 there has been a substantial increase in the number and
assortment of effective engineering controls available to
employers. There is now a large body of research and data
concerning the effectiveness of newer engineering controls,
including safer medical devices.
(6) 396 interested parties responded to a Request for
Information (in this section referred to as the ``RFI'') conducted
by the Occupational Safety and Health Administration in 1998 on
engineering and work practice controls used to eliminate or
minimize the risk of occupational exposure to bloodborne pathogens
due to percutaneous injuries from contaminated sharps. Comments
were provided by health care facilities, groups representing
healthcare workers, researchers, educational institutions,
professional and industry associations, and manufacturers of
medical devices.
(7) Numerous studies have demonstrated that the use of safer
medical devices, such as needleless systems and sharps with
engineered sharps injury protections, when they are part of an
overall bloodborne pathogens risk-reduction program, can be
extremely effective in reducing accidental sharps injuries.
(8) In March 2000, the Centers for Disease Control and
Prevention estimated that, depending on the type of device used and
the procedure involved, 62 to 88 percent of sharps injuries can
potentially be prevented by the use of safer medical devices.
(9) The OSHA 200 Log, as it is currently maintained, does not
sufficiently reflect injuries that may involve exposure to
bloodborne pathogens in healthcare facilities. More than 98 percent
of healthcare facilities responding to the RFI have adopted
surveillance systems in addition to the OSHA 200 Log. Information
gathered through these surveillance systems is commonly used for
hazard identification and evaluation of program and device
effectiveness.
(10) Training and education in the use of safer medical devices
and safer work practices are significant elements in the prevention
of percutaneous exposure incidents. Staff involvement in the device
selection and evaluation process is also an important element to
achieving a reduction in sharps injuries, particularly as new safer
devices are introduced into the work setting.
(11) Modification of the bloodborne pathogens standard is
appropriate to set forth in greater detail its requirement that
employers identify, evaluate, and make use of effective safer
medical devices.
SEC. 3. BLOODBORNE PATHOGENS STANDARD.
The bloodborne pathogens standard published at 29 CFR 1910.1030
shall be revised as follows:
(1) The definition of ``Engineering Controls'' (at 29 CFR
1910.1030(b)) shall include as additional examples of controls the
following: ``safer medical devices, such as sharps with engineered
sharps injury protections and needleless systems''.
(2) The term ``Sharps with Engineered Sharps Injury
Protections'' shall be added to the definitions (at 29 CFR
1910.1030(b)) and defined as ``a nonneedle sharp or a needle device
used for withdrawing body fluids, accessing a vein or artery, or
administering medications or other fluids, with a built-in safety
feature or mechanism that effectively reduces the risk of an
exposure incident''.
(3) The term ``Needleless Systems'' shall be added to the
definitions (at 29 CFR 1910.1030(b)) and defined as ``a device that
does not use needles for: (A) the collection of bodily fluids or
withdrawal of body fluids after initial venous or arterial access
is established; (B) the administration of medication or fluids; or
(C) any other procedure involving the potential for occupational
exposure to bloodborne pathogens due to percutaneous injuries from
contaminated sharps''.
(4) In addition to the existing requirements concerning
exposure control plans (29 CFR 1910.1030(c)(1)(iv)), the review and
update of such plans shall be required to also--
(A) ``reflect changes in technology that eliminate or
reduce exposure to bloodborne pathogens''; and
(B) ``document annually consideration and implementation of
appropriate commercially available and effective safer medical
devices designed to eliminate or minimize occupational
exposure''.
(5) The following additional recordkeeping requirement shall be
added to the bloodborne pathogens standard at 29 CFR 1910.1030(h):
``The employer shall establish and maintain a sharps injury log for
the recording of percutaneous injuries from contaminated sharps.
The information in the sharps injury log shall be recorded and
maintained in such manner as to protect the confidentiality of the
injured employee. The sharps injury log shall contain, at a
minimum--
``(A) the type and brand of device involved in the
incident,
``(B) the department or work area where the exposure
incident occurred, and
``(C) an explanation of how the incident occurred.''.
The requirement for such sharps injury log shall not apply to any
employer who is not required to maintain a log of occupational
injuries and illnesses under 29 CFR 1904 and the sharps injury log
shall be maintained for the period required by 29 CFR 1904.6.
(6) The following new section shall be added to the bloodborne
pathogens standard: ``An employer, who is required to establish an
Exposure Control Plan shall solicit input from non-managerial
employees responsible for direct patient care who are potentially
exposed to injuries from contaminated sharps in the identification,
evaluation, and selection of effective engineering and work
practice controls and shall document the solicitation in the
Exposure Control Plan.''.
SEC. 4. EFFECT OF MODIFICATIONS.
The modifications under section 3 shall be in force until
superseded in whole or in part by regulations promulgated by the
Secretary of Labor under section 6(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 655(b)) and shall be enforced in the same
manner and to the same extent as any rule or regulation promulgated
under section 6(b).
SEC. 5. PROCEDURE AND EFFECTIVE DATE.
(a) Procedure.--The modifications of the bloodborne pathogens
standard prescribed by section 3 shall take effect without regard to
the procedural requirements applicable to regulations promulgated under
section 6(b) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655(b)) or the procedural requirements of chapter 5 of title 5,
United States Code.
(b) Effective Date.--The modifications to the bloodborne pathogens
standard required by section 3 shall--
(1) within 6 months of the date of the enactment of this Act,
be made and published in the Federal Register by the Secretary of
Labor acting through the Occupational Safety and Health
Administration; and
(2) at the end of 90 days after such publication, take effect.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires such modifications of the standard to: (1) be in force until superseded by regulations promulgated by the Secretary of Labor under OSHA; and (2) take effect without regard to specified procedural requirements. | {"src": "billsum_train", "title": "Needlestick Safety and Prevention Act"} | 1,806 | 48 | 0.359384 | 0.929095 | 0.01653 | 3.05 | 40.85 | 0.95 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``No Taxpayer
Funding for Abortion and Abortion Insurance Full Disclosure Act of
2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS
Sec. 101. Prohibiting taxpayer funded abortions.
Sec. 102. Amendment to table of chapters.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
Sec. 201. Clarifying application of prohibition to premium credits and
cost-sharing reductions under ACA.
Sec. 202. Revision of notice requirements regarding disclosure of
extent of health plan coverage of abortion
and abortion premium surcharges.
TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS
SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS.
Title 1, United States Code is amended by adding at the end the
following new chapter:
``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS
``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.
``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. 102. 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.................. 301''.
TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT
SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND
COST-SHARING REDUCTIONS UNDER ACA.
(a) In General.--
(1) Disallowance of refundable credit and cost-sharing
reductions for coverage under qualified health plan which
provides coverage for abortion.--
(A) In general.--Subparagraph (A) of section
36B(c)(3) of the Internal Revenue Code of 1986 is
amended by inserting before the period at the end the
following: ``or any health plan that includes coverage
for abortions (other than any abortion or treatment
described in section 307 or 308 of title 1, United
States Code)''.
(B) Option to purchase or offer separate coverage
or plan.--Paragraph (3) of section 36B(c) of such Code
is amended by adding at the end the following new
subparagraph:
``(C) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any individual from
purchasing separate coverage for abortions
described in such subparagraph, or a health
plan that includes such abortions, so long as
no credit is allowed under this section with
respect to the premiums for such coverage or
plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
abortions described in such subparagraph, or a
plan that includes such abortions, so long as
premiums for such separate coverage or plan are
not paid for with any amount attributable to
the credit allowed under this section (or the
amount of any advance payment of the credit
under section 1412 of the Patient Protection
and Affordable Care Act).''.
(2) Disallowance of small employer health insurance expense
credit for plan which includes coverage for abortion.--
Subsection (h) of section 45R of the Internal Revenue Code of
1986 is amended--
(A) by striking ``Any term'' and inserting the
following:
``(1) In general.--Any term''; and
(B) by adding at the end the following new
paragraph:
``(2) Exclusion of health plans including coverage for
abortion.--
``(A) In general.--The term `qualified health plan'
does not include any health plan that includes coverage
for abortions (other than any abortion or treatment
described in section 307 or 308 of title 1, United
States Code).
``(B) Separate abortion coverage or plan allowed.--
``(i) Option to purchase separate coverage
or plan.--Nothing in subparagraph (A) shall be
construed as prohibiting any employer from
purchasing for its employees separate coverage
for abortions described in such subparagraph,
or a health plan that includes such abortions,
so long as no credit is allowed under this
section with respect to the employer
contributions for such coverage or plan.
``(ii) Option to offer coverage or plan.--
Nothing in subparagraph (A) shall restrict any
non-Federal health insurance issuer offering a
health plan from offering separate coverage for
abortions described in such subparagraph, or a
plan that includes such abortions, so long as
such separate coverage or plan is not paid for
with any employer contribution eligible for the
credit allowed under this section.''.
(3) Conforming aca amendments.--Section 1303(b) of Public
Law 111-148 (42 U.S.C. 18023(b)) is amended--
(A) by striking paragraph (2);
(B) by striking paragraph (3), as amended by
section 202(a); and
(C) by redesignating paragraph (4) as paragraph
(2).
(b) Application to Multi-State Plans.--Paragraph (6) of section
1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is amended to read
as follows:
``(6) Coverage consistent with federal abortion policy.--In
entering into contracts under this subsection, the Director
shall ensure that no multi-State qualified health plan offered
in an Exchange provides health benefits coverage for which the
expenditure of Federal funds is prohibited under chapter 4 of
title 1, United States Code.''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years ending after December 31, 2014, but only with
respect to plan years beginning after such date, and the amendment made
by subsection (b) shall apply to plan years beginning after such date.
SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING DISCLOSURE OF
EXTENT OF HEALTH PLAN COVERAGE OF ABORTION AND ABORTION
PREMIUM SURCHARGES.
(a) In General.--Paragraph (3) of section 1303(b) of Public Law
111-148 (42 U.S.C. 18023(b)) is amended to read as follows:
``(3) Rules relating to notice.--
``(A) In general.--The extent of coverage (if any)
of services described in paragraph (1)(B)(i) or
(1)(B)(ii) by a qualified health plan shall be
disclosed to enrollees at the time of enrollment in the
plan and shall be prominently displayed in any
marketing or advertising materials, comparison tools,
or summary of benefits and coverage explanation made
available with respect to such plan by the issuer of
the plan, by an Exchange, or by the Secretary,
including information made available through an
Internet portal or Exchange under sections 1311(c)(5)
and 1311(d)(4)(C).
``(B) Separate disclosure of abortion surcharges.--
In the case of a qualified health plan that includes
the services described in paragraph (1)(B)(i) and where
the premium for the plan is disclosed, including in any
marketing or advertising materials or any other
information referred to in subparagraph (A), the
surcharge described in paragraph (2)(B)(i)(II) that is
attributable to such services shall also be disclosed
and identified separately.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to materials, tools, or other information made available more
than 30 days after the date of the enactment of this Act. | No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2014 - 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. (Currently, federal funds cannot be used for abortion services, except in cases involving rape, incest, or life endangerment.) Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion (thus making permanent existing federal policies). 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 an abortion from such prohibitions 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. Applies such prohibitions to District of Columbia funds. Amends the Internal Revenue Code to exclude from the definition of "qualified health plan" after December 31, 2014, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. Excludes from the definition of "qualified health plan," for purposes of the tax credit for small employer health insurance expenses, any health plan that includes coverage for abortions. Exempts from the application of such tax provisions: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion. Requires the Director of the Office of Personnel Management (OPM), when entering into contracts for health insurance, to ensure that no multi-state qualified health plan offered in a state health care exchange provides health benefits coverage for which the expenditure of federal funds is prohibited under this Act. Amends the Patient Protection and Affordable Care Act, with respect to notice provided to health plan enrollees, to require: disclosure at the time of enrollment of the extent of coverage of abortion services for which the expenditure of public funds is either prohibited or allowed; prominent display in marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available by the issuer of the plan, by an exchange, or by the Secretary of Health and Human Services (HHS), including information made available through an Internet portal or an exchange; and separate disclosure and identification, in the case of a health plan that includes coverage of abortion services for which public funding is prohibited, and where the premium is disclosed, of the separate payment collected by the plan issuer equal to the actuarial value of such coverage. | {"src": "billsum_train", "title": "No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2014"} | 2,815 | 682 | 0.660564 | 1.97345 | 0.71388 | 3.872269 | 4.156303 | 0.880672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``US-Israel Global Neuroscience
Partnership Act of 2014''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the highest national security interests of the
United States to develop neuroscience-related research and
neurotechnology;
(2) the State of Israel is a steadfast ally of the United
States;
(3) the special relationship between the United States and
Israel is manifested in a variety of cooperative scientific
research and development programs, such as--
(A) the United States-Israel Binational Science
Foundation; and
(B) the United States-Israel Binational Industrial
Research and Development Foundation;
(4) those programs have made possible many scientific,
technological, and commercial breakthroughs in the fields of
life sciences, medicine, bioengineering, agriculture,
biotechnology, communications, and others;
(5) in December 2011 the Office of Science and Technology
Policy was directed by Congress to establish an Interagency
Working Group on Neuroscience which was chartered on June 20,
2012, is housed at the White House, and is currently convening
representatives across the Federal Government to make
recommendations about the future of neuroscience research;
(6) Israeli scientists and engineers are at the forefront
of research and development in the field of neuroscience;
(7) Israel Brain Technologies is a nonprofit organization
whose mission is to turn Israel into a global brain technology
and research leader by--
(A) supporting applied brain research;
(B) accelerating brain technology development;
(C) creating and fostering a community around
neurotechnology; and
(D) attracting key stakeholders to partner and
support brain technology in Israel; and
(8) enhanced cooperation between the United States and
Israel for the purpose of research and development of
neuroscience would be in the national interests of both
countries.
SEC. 3. GRANTS FOR NEUROSCIENCE-RELATED RESEARCH.
(a) Authority.--The Secretary, acting through the Director of the
National Institutes of Health, in consultation with the BIRD or BSF,
shall award grants to eligible entities for neuroscience-related
research.
(b) Application.--
(1) Submission of applications.--To receive a grant under
this section, an eligible entity shall submit an application to
the Secretary containing such information and assurances as the
Secretary, in consultation with the BIRD or BSF, may require.
(2) Selection of eligible entities.--The Secretary, in
consultation with the Directors of the BIRD and BSF, may review
any application submitted by any eligible entity and select any
eligible entity meeting criteria established by the Secretary,
in consultation with the Advisory Board, for a grant under this
section.
(c) Amount of Grant.--The amount of each grant awarded for a fiscal
year under this section shall be determined by the Secretary, in
consultation with the BIRD or BSF.
(d) Recoupment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish procedures
and criteria for recoupment in connection with any eligible
project carried out by an eligible entity that receives a grant
under this section, which has led to the development of a
product or process which is marketed or used.
(2) Amount required.--
(A) Except as provided in subparagraph (B), such
recoupment shall be required as a condition for award
and be proportional to the Federal share of the costs
of such project, and shall be derived from the proceeds
of royalties or licensing fees received in connection
with such product or process.
(B) In the case where a product or process is used
by the recipient of a grant under this section for the
production and sale of its own products or processes,
the recoupment shall consist of a payment equivalent to
the payment which would be made under subparagraph (A).
(3) Waiver.--The Secretary may at any time waive or defer
all or some of the recoupment requirements of this subsection
as necessary, depending on--
(A) the commercial competitiveness of the entity or
entities developing or using the product or process;
(B) the profitability of the project; and
(C) the commercial viability of the product or
process utilized.
(e) Private Funds.--The Secretary may accept contributions of funds
from private sources to carry out this Act.
(f) Report.--Not later than 180 days after receiving a grant under
this section, each recipient shall submit a report to the Secretary--
(1) documenting how the recipient used the grant funds; and
(2) evaluating the level of success of each project funded
by the grant.
SEC. 4. INTERNATIONAL NEUROSCIENCE-RELATED RESEARCH ADVISORY BOARD.
(a) Establishment.--There is established in the National Institutes
of Health an International Neuroscience-Related Research Advisory
Board.
(b) Duties.--The Advisory Board shall advise the Secretary on--
(1) criteria for the recipients of grants awarded under
section 3(a);
(2) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BIRD; and
(3) the total amount of grant money to be awarded to all
grantees selected by the Secretary, in consultation with the
BSF, for each fiscal year.
(c) Membership.--
(1) Composition.--The Advisory Board shall be composed of--
(A) 1 member appointed by the Director of the
National Science Foundation;
(B) 1 member appointed by the Director of the
National Institutes of Health;
(C) 1 member appointed by the Director of the
National Institute of Standards and Technology; and
(D) in addition to the member appointed under
subparagraph (B), 3 members who shall be Israeli
citizens, appointed by the Director of the National
Institutes of Health after consultation with
appropriate officials in the Israeli Government.
(2) Deadline for appointments.--The initial appointments
under paragraph (1) shall be made not later than 60 days after
the date of enactment of this Act.
(3) Term.--Each member of the Advisory Board shall be
appointed for a term of 4 years.
(4) Vacancies.--A vacancy on the Advisory Board shall be
filled in the manner in which the original appointment was
made.
(5) Basic pay.--
(A) Compensation.--A member of the Advisory Board
shall serve without pay.
(B) Travel expenses.--Each member of the Advisory
Board shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with applicable
provisions of subchapter I of chapter 57 of title 5,
United States Code.
(6) Quorum.--Three members of the Advisory Board shall
constitute a quorum.
(7) Chairperson.--The Chairperson of the Advisory Board
shall be designated by the Director of the National Institutes
of Health from among the members appointed by the Director at
the time of the appointment.
(8) Meetings.--The Advisory Board shall meet at least once
annually at the call of the Chairperson.
(d) Termination.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.
SEC. 5. DEFINITIONS.
In this Act:
(1) Advisory board.--The term ``Advisory Board'' means the
International Neuroscience-Related Research Advisory Board
established by section 4(a).
(2) BIRD.--The term ``BIRD'' means the Israel-United States
Binational Industrial Research and Development Foundation.
(3) BSF.--The term ``BSF'' means the United States-Israel
Binational Science Foundation.
(4) Eligible entity.--The term ``eligible entity'' means a
joint venture comprised of both Israeli and United States
private business entities or a joint venture comprised of both
Israeli academic persons (who reside and work in Israel) and
United States academic persons, that--
(A) carries out an eligible project; and
(B) is selected by the Secretary, in consultation
with the BIRD or BSF, using the criteria established by
the Secretary, in consultation with the Advisory Board.
(5) Eligible project.--The term ``eligible project'' means
a project to encourage cooperation between the United States
and Israel on neuroscience-related research.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 6. TERMINATION.
The grant program authorized under section 3 and the Advisory Board
shall terminate upon the expiration of the 7-year period which begins
on the date of the enactment of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
The Secretary is authorized to expend not more than $20,000,000 to
carry out this Act for each of fiscal years 2014 through 2020. | US-Israel Global Neuroscience Partnership Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to award grants to eligible entities for U.S.-Israel cooperative neuroscience research. Establishes in the National Institutes of Health (NIH) an International Neuroscience-Related Research Advisory Board. Terminates the grant program and the Advisory Board seven years after the date of enactment of this Act. | {"src": "billsum_train", "title": "US-Israel Global Neuroscience Partnership Act of 2014"} | 1,946 | 94 | 0.566891 | 1.543173 | 1.202579 | 3.534247 | 24.273973 | 0.876712 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Benefit Equity Act
of 1997''.
SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act (as
added by section 604(a) of the Newborns' and Mothers' Health
Protection Act of 1996 and amended by section 703(a) of the
Mental Health Parity Act of 1996) is amended by adding at the
end the following new section:
``SEC. 2706. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
``(a) Equity in Provision of Prescription Drug Coverage.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides for mail-order prescription drug coverage (as defined
in paragraph (3)(A)) shall also provide non-mail-order
prescription drug coverage consistent with paragraph (2).
``(2) Equitable coverage.--A plan or coverage provides non-
mail-order prescription drug coverage consistent with this
paragraph only if--
``(A) benefits under the non-mail-order
prescription coverage are provided for in the case of
all drugs and all circumstances under which benefits
are provided under the mail-order prescription drug
coverage;
``(B) no deductible or similar cost-sharing is
imposed with respect to benefits under the non-mail-
order prescription drug coverage unless such a
deductible or similar cost-sharing is imposed with
respect to benefits under the mail-order prescription
drug coverage; and
``(C) the benefits for the non-mail-order coverage
assures payments consistent with either (or both) of
the following clauses:
``(i) The dollar amount of payment for
prescription drug coverage is not less than the
dollar amount of benefits provided with respect
to the mail-order coverage for that same
coverage.
``(ii) The cost-sharing (including
deductibles, copayments, or coinsurance)
imposed with respect to non-mail-order coverage
is not greater (as a percentage of charges or
dollar amount, as specified under the coverage)
than the cost-sharing imposed with respect to
the mail-order coverage.
``(3) Definitions.--For purposes of this subsection:
``(A) Mail-order prescription drug coverage.--The
term `mail-order prescription drug coverage' means
provision of benefits for prescription drugs and
biologicals that are delivered directly to participants
and beneficiaries through the mail or similar means.
``(B) Non-mail-order prescription drug coverage.--
The term `non-mail-order prescription drug coverage'
means the provision of benefits for prescription drugs
and biologicals through one or more local pharmacies.
``(C) Local pharmacy.--The term `local pharmacy'
means, with respect to a prescription drug or
biological and a participant or beneficiary, an
establishment that is authorized to dispense such drug
or biological and that is located within such distance
(not to exceed 5 miles in the case of a participant or
beneficiary residing in an urban area or 10 miles in
the case of a participant or beneficiary residing in a
non-urban area) of the residence of such participant or beneficiary, as
the Secretary of Health and Human Services shall prescribe.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not provide monetary payments or rebates to an
individual to encourage such individual to accept less than the minimum
protections available under this section.
``(c) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
``(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
``(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost-sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as
amended by section 604(b)(2) of Public Law 104-204, is amended
by striking ``section 2704'' and inserting ``sections 2704 and
2706''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 (as added by section 603(a) of the Newborns' and Mothers'
Health Protection Act of 1996 and amended by section 702(a) of
the Mental Health Parity Act of 1996) is amended by adding at
the end the following new section:
``SEC. 713. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
``(a) Equity in Provision of Prescription Drug Coverage.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage, that
provides for mail-order prescription drug coverage (as defined
in paragraph (3)(A)) shall also provide non-mail-order
prescription drug coverage consistent with paragraph (2).
``(2) Equitable coverage.--A plan or coverage provides non-
mail-order prescription drug coverage consistent with this
paragraph only if--
``(A) benefits under the non-mail-order
prescription coverage are provided for in the case of
all drugs and all circumstances under which benefits
are provided under the mail-order prescription drug
coverage;
``(B) no deductible or similar cost-sharing is
imposed with respect to benefits under the non-mail-
order prescription drug coverage unless such a
deductible or similar cost-sharing is imposed with
respect to benefits under the mail-order prescription
drug coverage; and
``(C) the benefits for the non-mail-order coverage
assures payments consistent with either (or both) of
the following clauses:
``(i) The dollar amount of payment for
prescription drug coverage is not less than the
dollar amount of benefits provided with respect
to the mail-order coverage for that same
coverage.
``(ii) The cost-sharing (including
deductibles, copayments, or coinsurance)
imposed with respect to non-mail-order coverage
is not greater (as a percentage of charges or
dollar amount, as specified under the coverage)
than the cost-sharing imposed with respect to
the mail-order coverage.
``(3) Definitions.--For purposes of this subsection:
``(A) Mail-order prescription drug coverage.--The
term `mail-order prescription drug coverage' means
provision of benefits for prescription drugs and
biologicals that are delivered directly to participants
and beneficiaries through the mail or similar means.
``(B) Non-mail-order prescription drug coverage.--
The term `non-mail-order prescription drug coverage'
means the provision of benefits for prescription drugs
and biologicals through one or more local pharmacies.
``(C) Local pharmacy.--The term `local pharmacy'
means, with respect to a prescription drug or
biological and a participant or beneficiary, an
establishment that is authorized to dispense such drug
or biological and that is located within such distance
(not to exceed 5 miles in the case of a participant or
beneficiary residing in an urban area or 10 miles in
the case of a participant or beneficiary residing in a
non-urban area) of the residence of such participant or beneficiary, as
the Secretary of Health and Human Services shall prescribe.
``(b) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not provide monetary payments or rebates to an
individual to encourage such individual to accept less than the minimum
protections available under this section.
``(c) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
``(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
``(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost-sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as
amended by section 603(b)(1) of Public Law 104-204, is amended
by striking ``section 711'' and inserting ``sections 711 and
713''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as
amended by section 603(b)(2) of Public Law 104-204, is amended
by striking ``section 711'' and inserting ``sections 711 and
713''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:
``Sec. 713. Equity in provision of prescription drug coverage.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act (as added by section 605(a) of the Newborn's
and Mother's Health Protection Act of 1996) is amended by inserting
after section 2751 the following new section:
``SEC. 2752. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.
``(a) In General.--The provisions of section 2706 (other than
subsection (d)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as
added by section 605(b)(3)(B) of Public Law 104-204, is amended by
striking ``section 2751'' and inserting ``sections 2751 and 2752''.
(c) Application to Medicare Managed Care Plans.--Subparagraph (B)
of section 1876(c)(4) of the Social Security Act (42 U.S.C.
1395mm(c)(4)) is amended to read as follows:
``(B) meets the requirements of section 2752 of the Public
Health Service Act with respect to individuals enrolled with
the organization under this section.''.
(d) Application to Medicaid Managed Care Plans.--Title XIX of such
Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1908
the following new section:
``equity in provision of prescription drug coverage
``Sec. 1909. (a) In General.--A State plan may not be approved
under this title, and Federal financial participation not available
under section 1903(a) with respect to such a plan, unless the plan
requires each health insurance issuer or other entity with a contract
with such plan to provide coverage or benefits to individuals eligible
for medical assistance under the plan to comply with the provisions of
section 2752 of the Public Health Service Act with respect to such
coverage or benefits.
``(b) Waivers Prohibited.--The requirement of subsection (a) may
not be waived under section 1115 or section 1915(b) of the Social
Security Act.''.
(e) Medigap and Medicare Select Policies.--Section 1882 of such Act
(42 U.S.C. 1395ss) is amended--
(1) in subsection (s)(2), by adding at the end the
following new subparagraph:
``(D) An issuer of a medicare supplemental policy (as defined in
section 1882(g)) shall comply with the requirements of section 2752 of
the Public Health Service Act with respect to benefits offered under
such policy.''; and
(2) in subsection (t)(1)--
(A) in subparagraph (B), by inserting ``subject to
subparagraph (G),'' after ``(B)'',
(B) by striking ``and'' at the end of subparagraph
(E),
(C) by striking the period at the end of
subparagraph (F) and inserting ``; and'', and
(D) by adding at the end the following new
subparagraph:
``(G) the issuer of the policy complies with the
requirements of section 2752 of the Public Health Service Act
with respect to enrollees under this subsection .''.
(f) FEHBP.--Section 8902 of title 5, United States Code, is amended
by adding at the end the following new subsection:
``(o) A contract may not be made or a plan approved which excludes
or does not comply with the requirements of section 2752 of the Public
Health Service Act.''.
(g) Effective Dates.--(1)(A) Subject to subparagraph (B), the
amendments made by subsection (a) shall apply with respect to group
health plans for plan years beginning on or after January 1, 1998.
(B) In the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives
and 1 or more employers ratified before the date of enactment of this
Act, the amendments made by subsection (a) shall not apply to plan
years beginning before the later of--
(i) the date on which the last collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of
enactment of this Act), or
(ii) January 1, 1998.
For purposes of clause (i), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by subsection (a) shall
not be treated as a termination of such collective bargaining
agreement.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after January 1, 1998.
(3) The amendment made by subsection (c) shall apply to contracts
for contract periods beginning on or after January 1, 1998.
(4) The amendment made by subsection (d) shall apply to Federal
financial participation for State plan expenditures made on or after
January 1, 1998.
(5) The amendments made by subsection (e) shall apply with respect
to medicare supplemental policies and medicare select policies offered,
sold, issued, renewed, in effect, or operated on and after January 1,
1998.
(6) The amendment made by subsection (f) shall apply with respect
to contracts for periods beginning on and after January 1, 1998.
(h) Coordinated Regulations.--Section 104(1) of the Health
Insurance Portability and Accountability Act of 1996 is amended by
striking ``this subtitle (and the amendments made by this subtitle and
section 401)'' and inserting ``the provisions of part 7 of subtitle B
of title I of the Employee Retirement Income Security Act of 1974, and
the provisions of parts A and C of title XXVII of the Public Health
Service Act''. | Prescription Drug Benefit Equity Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit a group health plan (and a health insurance issuer offering group coverage) from providing mail-order prescription drug coverage without also providing non-mail-order prescription drug coverage meeting benefit and cost-sharing requirements. Prohibits monetary payments or rebates to encourage an individual to accept less than the minimum protections available under this Act.
Amends the Public Health Service Act to apply the requirements of this Act to issuers in the individual market.
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require health maintenance organizations, competitive medical plans, State Medicaid plans, issuers of Medicare supplemental policies, and Medicare select policies to meet the requirements of this Act.
Amends Federal law relating to health benefits for Federal employees to require compliance with this Act. | {"src": "billsum_train", "title": "Prescription Drug Benefit Equity Act of 1997"} | 3,696 | 206 | 0.551701 | 1.390636 | 0.785101 | 3.028409 | 19 | 0.892045 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Dr. Dorothy Irene Height was born on March 24, 1912, to
James Edward Height and Fannie (Borroughs) Height in Richmond,
Virginia, and was raised in Rankin, Pennsylvania.
(2) Dr. Height is recognized as one of the preeminent
social and civil rights activists of her time, particularly in
the struggle for equality, social justice, and human rights for
all peoples.
(3) Beginning as a civil rights advocate in the 1930s, she
soon gained prominence through her tireless efforts to promote
interracial schooling, to register and educate voters, and to
increase the visibility and status of women in our society.
(4) Dr. Height has labored to provide hope for inner-city
children and their families, and she can claim responsibility
for many of the advances made by women and African Americans
over the course of the last century.
(5) Her public career spans over 65 years.
(6) Dr. Height was a valued consultant on human and civil
rights issues to First Lady Eleanor Roosevelt and she
encouraged President Eisenhower to desegregate the Nation's
schools and President Johnson to appoint African-American women
to subCabinet posts.
(7) Dr. Height has been President of the National Council
of Negro Women (NCNW) since 1957, a position to which she was
appointed upon the retirement of Dr. Mary McLeod Bethune, one
of the most influential African-American women in United States
history.
(8) The National Council of Negro Women is currently the
umbrella organization for 250 local groups and 38 national
groups engaged in economic development and women's issues.
(9) Under Dr. Height's leadership, the National Council of
Negro Women implemented a number of new and innovative programs
and initiatives, including--
(A) Operation Woman Power, a project to expand
business ownership by women and to provide funds for
vocational training;
(B) leadership training for African-American women
in the rural South;
(C) the Black Family Reunion, a nationwide annual
gathering to encourage, renew, and celebrate the
concept of not only the Black family, but of all
families;
(D) the Women's Center for Education and Career
Advancement, established to empower minority women in
nontraditional careers; and
(E) the Bethune Museum and Archives, a museum
devoted to the history of African-American women.
(10) Dr. Height has been at the forefront of AIDS
education, both nationally and internationally. Under her
direction, the National Council of Negro Women established
offices in West Africa and South Africa and worked to improve
the conditions of women in the developing world.
(11) Dr. Height has been central in the success of 2 other
influential women's organizations, specifically--
(A) as president and executive board member of
Delta Sigma Theta, Dr. Height left the sorority more
efficient and globally focused with a centralized
headquarters; and
(B) her work with Young Women's Christian
Association (YWCA) led to its integration and more
active participation in the civil rights movement.
(12) As a member of the ``Big Six'' civil rights leaders,
which included Whitney Young, A. Phillip Randolph, Martin
Luther King, Jr., James Farmer, and Roy Wilkins, Dr. Height was
the only female at the table when the Reverend Dr. Martin
Luther King, Jr. and others made plans for the civil rights
movement.
(13) Dr. Height is the recipient of many awards and
accolades for her efforts on behalf of women's rights,
including--
(A) the Spingarn Award, the highest honor bestowed
by the National Association for the Advancement of
Colored People (NAACP) for civil rights contributions;
(B) the Presidential Medal of Freedom, awarded by
President Clinton;
(C) the John F. Kennedy Memorial Award, from the
National Council of Jewish Women;
(D) the Ministerial Interfaith Association Award,
for her contributions to interfaith, interracial, and
ecumenical movements for over 30 years;
(E) the Lovejoy Award, the highest recognition by
the Grand Lodge of the Benevolent and Protective Order
of Elks of the World, for outstanding contributions to
human relations;
(F) the Ladies Home Journal Woman of the Year
Award, in recognition for her work for human rights;
(G) the William L. Dawson Award, presented by the
Congressional Black Caucus for decades of public
service to people of color and particularly women;
(H) the Citizens Medal Award for distinguished
service, presented by President Reagan; and
(I) the Franklin Delano Roosevelt Freedom Medal,
awarded by the Franklin and Eleanor Roosevelt
Institute.
(14) Dr. Dorothy Height has established a lasting legacy of
public service that has been an invaluable contribution to the
progress of the Nation.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of Congress, to Dr. Dorothy Irene Height, a gold
medal of appropriate design in recognition of her many contributions to
the Nation.
(b) Design and Striking.--For purpose of the presentation referred
to in subsection (a), the Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 2 at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, overhead
expenses.
SEC. 4. STATUS AS NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund an amount
not to exceed $30,000 to pay for the cost of the medal authorized under
section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Authorizes the President to award to Dr. Dorothy Height, on behalf of Congress, a congressional gold medal in recognition of her many contributions to the Nation. | {"src": "billsum_train", "title": "A bill to award a congressional gold medal to Dr. Dorothy Height, in recognition of her many contributions to the Nation."} | 1,378 | 34 | 0.509381 | 1.496475 | -0.378711 | 3.793103 | 44.724138 | 0.965517 |
SECTION 1. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL
EMPLOYEES.
(a) Clarification of Disclosures Covered.--Section 2302(b)(8) of
title 5, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties that the
employee or applicant reasonably believes is credible
evidence of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation'';
(2) in subparagraph (B)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties to the
Special Counsel, or to the Inspector General of an
agency or another employee designated by the head of
the agency to receive such disclosures, of information
that the employee or applicant reasonably believes is
credible evidence of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation''; and
(3) by adding at the end the following:
``(C) a disclosure that--
``(i) is made by an employee or applicant
of information required by law or Executive
order to be kept secret in the interest of
national defense or the conduct of foreign
affairs that the employee or applicant
reasonably believes is credible evidence of--
``(I) any violation of any law,
rule, or regulation;
``(II) gross mismanagement, a gross
waste of funds, an abuse of authority,
or a substantial and specific danger to
public health or safety; or
``(III) a false statement to
Congress on an issue of material fact;
and
``(ii) is made to--
``(I) a member of a committee of
Congress having a primary
responsibility for oversight of a
department, agency, or element of the
Federal Government to which the
disclosed information relates;
``(II) any other Member of Congress
who is authorized to receive
information of the type disclosed; or
``(III) an employee of the
executive branch or Congress who has
the appropriate security clearance for
access to the information disclosed.''.
(b) Covered Disclosures.--Section 2302(b) of title 5, United States
Code, is amended--
(1) in the matter following paragraph (12), by striking
``This subsection'' and inserting the following:
``This subsection''; and
(2) by adding at the end the following:
``In this subsection, the term `disclosure' means a formal or
informal communication or transmission.''.
(c) Nondisclosure Policies, Forms, and Agreements.--
(1) Personnel action.--Section 2302(a)(2)(A) of title 5,
United States Code, is amended--
(A) in clause (x), by striking ``and'' after the
semicolon; and
(B) by redesignating clause (xi) as clause (xii)
and inserting after clause (x) the following:
``(xi) the implementation or enforcement of any
nondisclosure policy, form, or agreement; and''.
(2) Prohibited personnel practice.--Section 2302(b) of
title 5, United States Code, is amended--
(A) in paragraph (11), by striking ``or'' at the
end;
(B) in paragraph (12), by striking the period and
inserting ``; or''; and
(C) by inserting after paragraph (12) the
following:
``(13) implement or enforce any nondisclosure policy, form,
or agreement, if such policy, form, or agreement does not
contain the following statement:
```These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the
employee obligations, rights, or liabilities created by
Executive Order No. 12958; section 7211 of title 5,
United States Code (governing disclosures to Congress);
section 1034 of title 10, United States Code (governing
disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code
(governing disclosures of illegality, waste, fraud,
abuse, or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50
U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the
statutes which protect against disclosures that could
compromise national security, including sections 641,
793, 794, 798, and 952 of title 18, United States Code,
and section 4(b) of the Subversive Activities Control
Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and
liabilities created by such Executive order and such
statutory provisions are incorporated into this
agreement and are controlling.'''.
(d) Authority of Special Counsel Relating to Civil Actions.--
(1) Representation of special counsel.--Section 1212 of
title 5, United States Code, is amended by adding at the end
the following:
``(h) Except as provided in section 518 of title 28, relating to
litigation before the Supreme Court, attorneys designated by the
Special Counsel may appear for the Special Counsel and represent the
Special Counsel in any civil action brought in connection with section
2302(b)(8) or subchapter III of chapter 73, or as otherwise authorized
by law.''.
(2) Judicial review of merit systems protection board
decisions.--Section 7703 of title 5, United States Code, is
amended by adding at the end the following:
``(e) The Special Counsel may obtain review of any final order or
decision of the Board by filing a petition for judicial review in the
United States Court of Appeals for the Federal Circuit if the Special
Counsel determines, in the discretion of the Special Counsel, that the
Board erred in deciding a case arising under section 2302(b)(8) or
subchapter III of chapter 73 and that the Board's decision will have a
substantial impact on the enforcement of section 2302(b)(8) or
subchapter III of chapter 73. If the Special Counsel was not a party or
did not intervene in a matter before the Board, the Special Counsel may
not petition for review of a Board decision under this section unless
the Special Counsel first petitions the Board for reconsideration of
its decision, and such petition is denied. In addition to the named
respondent, the Board and all other parties to the proceedings before
the Board shall have the right to appear in the proceedings before the
Court of Appeals. The granting of the petition for judicial review
shall be at the discretion of the Court of Appeals.''.
(e) Judicial Review.--Section 7703 of title 5, United States Code,
is amended--
(1) in the first sentence of subsection (b)(1) by inserting
before the period ``or the United States court of appeals for
the circuit in which the petitioner resides''; and
(2) in subsection (d)--
(A) in the first sentence by striking ``the United
States Court of Appeals for the Federal Circuit'' and
inserting ``any appellate court of competent
jurisdiction as provided under subsection (b)(2)''; and
(B) in the third and fourth sentences by striking
``Court of Appeals'' each place it appears and
inserting ``court of appeals'' in each such place. | Amends civil service provisions to prohibit taking or failing to take any personnel action with respect to an employee or applicant because of: (1) any disclosure by the employee or applicant, without restriction as to the time, place, form, motive, context, or prior disclosure, including a disclosure made in the ordinary course of an employee's duties that such employee or applicant reasonably believes is credible evidence of any violation of law, gross mismanagement, abuse of authority, or a danger to public health or safety; (2) a disclosure made to the Special Counsel, the Inspector General of an agency, or another employee designated by that agency to receive such disclosures, without such restriction or disclosure; or (3) a disclosure that is made by the employee or applicant of information required by law or executive order to be kept secret that the employee or applicant reasonably believes is credible evidence of any such violation, or a false statement to Congress on an issue of material fact that is made to a member of the congressional committee having primary oversight of the agency to which the disclosed information relates, to any other Member of Congress authorized to receive information of the type disclosed, or to a Federal or congressional employee who has the appropriate security clearance for access to the information disclosed. Prohibits the implementation or enforcement of nondisclosure policies, forms, and agreements that do not state that such policies do not supersede, conflict with, or otherwise alter Federal employee obligations, rights, or liabilities.Permits representation by attorneys for the Office of the Special Counsel in civil actions brought in connection with such disclosures of information or provisions relating to political activities. Allows the Special Counsel to obtain judicial review of any final order or decision of the Merit Systems Protection Board with respect to a case concerning such a disclosure or provision. | {"src": "billsum_train", "title": "A bill to amend chapter 23 of title 5, United States Code, to clarify the disclosures of information protected from prohibited personnel practices, require a statement in non-disclosure policies, forms, and agreements that such policies, forms and agreements conform with certain disclosure protections, provide certain authority for the Special Counsel, and for other purposes."} | 1,743 | 371 | 0.702333 | 2.129503 | 0.901842 | 3.702312 | 4.676301 | 0.939306 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Share the Sacrifice Act of 2010''.
SEC. 2. ESTABLISHMENT OF TEMPORARY AFGHANISTAN WAR SURTAX.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to normal taxes and surtaxes) is amended by
adding at the end the following new part:
``PART VIII--TEMPORARY AFGHANISTAN WAR SURTAX
``Sec. 59B. Temporary Afghanistan war surtax.
``SEC. 59B. TEMPORARY AFGHANISTAN WAR SURTAX.
``(a) In General.--In the case of any taxable year beginning after
2010--
``(1) Joint returns.--In the case of a joint return with
net income tax liability, the tax imposed under this chapter
shall be increased by the amount of the surtax determined in
accordance with the following table:
``If net income tax
liability is: The surtax is:
Not over $22,600...............
1% of net income tax liability.
Over $22,600 but not over
$36,400.
$226, plus the applicable
percentage of the
excess over $22,600.
Over $36,400...................
$226, plus the applicable
percentage of $13,800,
plus twice the
applicable percentage
of the excess over
$36,400.
``(2) Other individuals, trusts, and estates.--In the case
of any individual, trust, or estate with net income tax
liability (other than a joint return), the tax imposed under
this chapter shall be increased by the amount of the surtax
determined in accordance with the following table:
``If net income tax
liability is: The surtax is:
Not over $11,300...............
1% of net income tax liability.
Over $11,300 but not over
$18,200.
$113, plus the applicable
percentage of the
excess over $11,300.
Over $18,200...................
$113, plus the applicable
percentage of $6,900,
plus twice the
applicable percentage
of the excess over
$18,200.
``(3) Corporations.--In the case of any corporation with
net income tax liability, the tax imposed under this chapter
shall be increased by an amount equal to such net income tax
liability multiplied by twice the applicable percentage.
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--The term `applicable percentage' means,
with respect to any taxable year beginning in a calendar year,
the percentage which is determined by the President with
respect to such calendar year under paragraph (2).
``(2) Determination of applicable percentage.--The
applicable percentage determined by the President with respect
to any calendar year shall be the percentage which the
President estimates will result in revenues to the Treasury
under this section for taxable years beginning in such calendar
year which are equal to the Federal expenditures related to the
war in Afghanistan during the fiscal year ending in the
preceding calendar year.
``(c) Certain Exceptions for Individuals.--
``(1) Certain exceptions related to military service.--
``(A) In general.--Subsection (a) shall not apply
to--
``(i) any member of the Armed Forces of the
United States who received compensation which
was excludible from gross income under section
112 (relating to certain combat zone
compensation of members of the Armed Forces)
during the taxable year involved or any taxable
year ending on or after September 11, 2001, or
``(ii) any individual who received a death
gratuity payable under chapter 75 of title 10,
United States Code, with respect to any
decedent who--
``(I) is described in clause (i),
and
``(II) died on or after September
11, 2001, and before the close of the
taxable year involved.
``(B) Joint returns.--In the case of a joint
return, the taxpayer shall be treated as described in
clause (i) or (ii) of subparagraph (A) if either spouse
is so described.
``(2) Exception based on adjusted gross income.--Subsection
(a) shall not apply to any individual if the adjusted gross
income of the taxpayer is not in excess of $30,000.
``(d) Net Income Tax Liability Defined.--For purposes of this
section, the term `net income tax liability' means the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) and the tax imposed by section 55, over
``(2) the credits allowed under part IV (other than
sections 31, 33, and 34).
``(e) Delay in Application if President Determines Economy Too
Weak.--If the President determines that the United States economy is
too weak to absorb the tax imposed under this section, the President
may delay the implementation of such tax for up to 1 year.
``(f) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this part shall not be treated as tax
imposed by this chapter for purposes of determining the amount of any
credit under this chapter or for purposes of section 55.
``(g) Termination.--The tax imposed under this section shall not
apply to taxable years beginning in any calendar year if the applicable
percentage determined with respect to such calendar year is zero.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VIII. Temporary Afghanistan War Surtax''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
(d) Section 15 Not To Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986. | Share the Sacrifice Act of 2010 - Amends the Internal Revenue Code to impose a temporary income-based surtax beginning after 2010 on the net income tax liability of individual taxpayers, trusts, estates, and corporations to cover federal expenditures for the war in Afghanistan. Exempts members of the Armed Forces who have received combat zone compensation, family members of such members who received a death gratuity on or after September 11, 2001, and taxpayers whose adjusted gross income does not exceed $30,000. Authorizes the President to delay the implementation of such tax for up to one year if the President determines that the U.S. economy is too weak to absorb it. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish a temporary surtax to offset the costs of the Afghanistan war."} | 1,345 | 149 | 0.440332 | 1.256152 | 0.61274 | 3.139344 | 10.008197 | 0.860656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs Friendly America Act''.
SEC. 2. ACCELERATED DEPRECIATION FOR EQUIPMENT USED TO MANUFACTURE OR
DEVELOP PRODUCTS IN THE UNITED STATES.
(a) In General.--Subparagraph (A) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by striking ``and'' at the end of clause (i), by striking
the period at the end of clause (ii) and inserting ``, and'', and by
adding at the end the following new clause:
``(iii) any tool of production of a
qualifying corporation (as defined in
subsection (i)(14)) used by such corporation to
manufacture or develop products in the United
States.''
(b) Qualifying Corporation.--Subsection (i) of section 168 of such
Code is amended by adding at the end the following new paragraph:
``(14) Qualifying corporation.--
``(A) In general.--The term `qualifying
corporation' means any corporation having a majority of
its manufacturing equipment in the United States.
``(B) Controlled groups.--For purposes of
subparagraph (A), all corporations which are members of
the same controlled group of corporations shall be
treated as 1 corporation. For purposes of the preceding
sentence, the term `controlled group of corporations'
has the meaning given such term by section 1563(a);
except that--
``(i) `more than 10 percent' shall be
substituted for `at least 80 percent' each
place it appears in section 1563(a)(1), and
``(ii) section 1563(b)(2) shall be applied
without regard to subparagraph (C) thereof.''
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 1993.
SEC. 3. REDUCTION IN CORPORATE CAPITAL GAINS RATE.
(a) General Rule.--Section 1201 of the Internal Revenue Code of
1986 (relating to alternative tax for corporations) is amended by
redesignating subsection (b) as subsection (c), and by striking
subsection (a) and inserting the following:
``(a) General Rule.--If for any taxable year a qualifying
corporation (as defined in section 168(i)(14)) has a net capital gain,
then, in lieu of the tax imposed by section 11, 511, or 831(a)
(whichever applies), there is hereby imposed a tax (if such tax is less
than the tax imposed by such section) which shall consist of the sum
of--
``(1) a tax computed on the taxable income reduced by the
net capital gain, at the same rates and in the same manner as
if this subsection had not been enacted, plus
``(2) a tax of 15 percent of the net capital gain.
``(b) Transitional Rule.--In the case of a taxable year which
includes the date of the enactment of this paragraph, the amount of the
net capital gain for purposes of subsection (a) shall not exceed the
net capital gain determined by only taking into account gains and
losses properly taken into account for the portion of the taxable year
after such date.''
(b) Technical Amendments.--
(1) Clause (iii) of section 852(b)(3)(D) of such Code is
amended by striking ``65 percent'' and inserting ``85
percent''.
(2) Paragraphs (1) and (2) of section 1445(e) of such Code
are each amended by striking ``35 percent'' and inserting ``15
percent''.
(c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges occurring after the date of the enactment
of this Act in taxable years ending after such date.
SEC. 4. REDUCTION IN INDIVIDUAL CAPITAL GAINS RATE.
(a) General Rule.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended to read as follows:
``(h) Maximum Capital Gains Rate.--
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, then the tax imposed by this section shall
not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the taxable income reduced by the net capital gain,
plus
``(B) a tax equal to the sum of--
``(i) 7.5 percent of so much of the net
capital gain as does not exceed--
``(I) the maximum amount of taxable
income to which the 15-percent rate
applies under the table applicable to
the taxpayer, reduced by
``(II) the taxable income to which
subparagraph (A) applies, plus
``(ii) 15 percent of the net capital gain
in excess of the net capital gain to which
clause (i) applies.
``(2) Transitional rule.--In the case of a taxable year
which includes the date of the enactment of this paragraph, the
amount of the net capital gain for purposes of paragraph (1)
shall not exceed the net capital gain determined by only taking
into account gains and losses properly taken into account for
the portion of the taxable year after such date.''
(b) Technical Amendments.--
(1) Paragraph (1) of section 170(e) of such Code is amended
by striking ``the amount of gain'' in the material following
subparagraph (B)(ii) and inserting ``13/28 (19/34 in the case
of a corporation) of the amount of gain''.
(2)(A) The second sentence of section 7518(g)(6)(A) of such
Code is amended by striking ``28 percent (34 percent in the
case of a corporation)'' and inserting ``15 percent''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936, is amended by striking ``28 percent
(34 percent in the case of a corporation)'' and inserting ``15
percent''.
(c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges occurring after the date of the enactment
of this Act in taxable years ending after such date.
SEC. 5. REPEAL OF DEFERRAL ON FOREIGN EARNINGS.
(a) In General.--Subparagraph (A) of section 956A(c)(1) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(A) the average of the amounts of--
``(i) passive assets, and
``(ii) post-1993 foreign investments,
held by such corporation as of the close of each
quarter of such taxable year, over.''
(b) Post-1993 Foreign Investment.--Subsection (c) of section 956A
of such Code is amended by redesignating paragraph (3) as paragraph (4)
and by inserting after paragraph (2) the following new paragraph:
``(3) Post-1993 foreign investment.--For purposes of this
subsection, the term `post-1993 foreign investment' means any
asset (other than United States property as defined in section
956) acquired by the controlled foreign corporation after
December 31, 1993.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years of controlled foreign corporations ending after
December 31, 1993. | Jobs Friendly America Act - Amends the Internal Revenue Code to allow accelerated depreciation for equipment used by any corporation having a majority of its manufacturing equipment in the United States.
Reduces corporate and individual capital gains rates.
Repeals the deferral on earnings of controlled foreign corporations invested in excess passive assets. | {"src": "billsum_train", "title": "Jobs Friendly America Act"} | 1,727 | 69 | 0.485712 | 1.095414 | 0.653082 | 3.614035 | 26.54386 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Survivors' Bill of Rights Act of
2016''.
SEC. 2. SEXUAL ASSAULT SURVIVORS' RIGHTS.
(a) In General.--Part II of title 18, United States Code, is
amended by adding after chapter 237 the following:
``CHAPTER 238--SEXUAL ASSAULT SURVIVORS' RIGHTS
``Sec.
``3772. Sexual assault survivors' rights.
``Sec. 3772. Sexual assault survivors' rights
``(a) Rights of Sexual Assault Survivors.--In addition to those
rights provided in section 3771, a sexual assault survivor has the
following rights:
``(1) The right not to be prevented from, or charged for,
receiving a medical forensic examination.
``(2) The right to--
``(A) subject to paragraph (3), have a sexual assault
evidence collection kit or its probative contents preserved,
without charge, for the duration of the maximum applicable
statute of limitations or 20 years, whichever is shorter;
``(B) be informed of any result of a sexual assault
evidence collection kit, including a DNA profile match,
toxicology report, or other information collected as part of a
medical forensic examination, if such disclosure would not
impede or compromise an ongoing investigation; and
``(C) be informed in writing of policies governing the
collection and preservation of a sexual assault evidence
collection kit.
``(3) The right to--
``(A) upon written request, receive written notification
from the appropriate official with custody not later than 60
days before the date of the intended destruction or disposal;
and
``(B) upon written request, be granted further preservation
of the kit or its probative contents.
``(4) The right to be informed of the rights under this
subsection.
``(b) Applicability.--Subsections (b) through (f) of section 3771
shall apply to sexual assault survivors.
``(c) Definition of Sexual Assault.--In this section, the term
`sexual assault' means any nonconsensual sexual act proscribed by
Federal, tribal, or State law, including when the victim lacks capacity
to consent.
``(d) Funding.--This section, other than paragraphs (2)(A) and
(3)(B) of subsection (a), shall be carried out using funds made
available under section 1402(d)(3)(A)(i) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(d)(3)(A)(i)). No additional funds are authorized
to be appropriated to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part II of title 18, United States Code, is amended by adding at the
end the following:
``238. Sexual assault survivors' rights..........................3772''.
(c) Amendment to Victims of Crime Act of 1984.--Section
1402(d)(3)(A)(i) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(3)(A)(i)) is amended by inserting after ``section 3771'' the
following: ``or section 3772, as it relates to direct services,''.
SEC. 3. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
The Victims of Crime Act of 1984 is amended by adding after section
1404E (42 U.S.C. 10603e) the following:
``SEC. 1404F. SEXUAL ASSAULT SURVIVORS' NOTIFICATION GRANTS.
``(a) In General.--The Attorney General may make grants as provided
in section 1404(c)(1)(A) to States to develop and disseminate to
entities described in subsection (c)(1) of this section written notice
of applicable rights and policies for sexual assault survivors.
``(b) Notification of Rights.--Each recipient of a grant awarded
under subsection (a) shall make its best effort to ensure that each
entity described in subsection (c)(1) provides individuals who identify
as a survivor of a sexual assault, and who consent to receiving such
information, with written notice of applicable rights and policies
regarding--
``(1) the right not to be charged fees for or otherwise
prevented from pursuing a sexual assault evidence collection kit;
``(2) the right to have a sexual assault medical forensic
examination regardless of whether the survivor reports to or
cooperates with law enforcement;
``(3) the availability of a sexual assault advocate;
``(4) the availability of protective orders and policies
related to their enforcement;
``(5) policies regarding the storage, preservation, and
disposal of sexual assault evidence collection kits;
``(6) the process, if any, to request preservation of sexual
assault evidence collection kits or the probative evidence from
such kits; and
``(7) the availability of victim compensation and restitution.
``(c) Dissemination of Written Notice.--Each recipient of a grant
awarded under subsection (a) shall--
``(1) provide the written notice described in subsection (b) to
medical centers, hospitals, forensic examiners, sexual assault
service providers, State and local law enforcement agencies, and
any other State agency or department reasonably likely to serve
sexual assault survivors; and
``(2) make the written notice described in subsection (b)
publicly available on the Internet website of the attorney general
of the State.
``(d) Provision To Promote Compliance.--The Attorney General may
provide such technical assistance and guidance as necessary to help
recipients meet the requirements of this section.
``(e) Integration of Systems.--Any system developed and implemented
under this section may be integrated with an existing case management
system operated by the recipient of the grant if the system meets the
requirements listed in this section.''.
SEC. 4. WORKING GROUP.
(a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services (referred to in this section as
the ``Secretary''), shall establish a joint working group (referred to
in this section as the ``Working Group'') to develop, coordinate, and
disseminate best practices regarding the care and treatment of sexual
assault survivors and the preservation of forensic evidence.
(b) Consultation With Stakeholders.--The Working Group shall
consult with--
(1) stakeholders in law enforcement, prosecution, forensic
laboratory, counseling, forensic examiner, medical facility, and
medical provider communities; and
(2) representatives of not less than 3 entities with
demonstrated expertise in sexual assault prevention, sexual assault
advocacy, or representation of sexual assault victims, of which not
less than 1 representative shall be a sexual assault victim.
(c) Membership.--The Working Group shall be composed of
governmental or nongovernmental agency heads at the discretion of the
Attorney General, in consultation with the Secretary.
(d) Duties.--The Working Group shall--
(1) develop recommendations for improving the coordination of
the dissemination and implementation of best practices and
protocols regarding the care and treatment of sexual assault
survivors and the preservation of evidence to hospital
administrators, physicians, forensic examiners, and other medical
associations and leaders in the medical community;
(2) encourage, where appropriate, the adoption and
implementation of best practices and protocols regarding the care
and treatment of sexual assault survivors and the preservation of
evidence among hospital administrators, physicians, forensic
examiners, and other medical associations and leaders in the
medical community;
(3) develop recommendations to promote the coordination of the
dissemination and implementation of best practices regarding the
care and treatment of sexual assault survivors and the preservation
of evidence to State attorneys general, United States attorneys,
heads of State law enforcement agencies, forensic laboratory
directors and managers, and other leaders in the law enforcement
community;
(4) develop and implement, where practicable, incentives to
encourage the adoption or implementation of best practices
regarding the care and treatment of sexual assault survivors and
the preservation of evidence among State attorneys general, United
States attorneys, heads of State law enforcement agencies, forensic
laboratory directors and managers, and other leaders in the law
enforcement community;
(5) collect feedback from stakeholders, practitioners, and
leadership throughout the Federal and State law enforcement, victim
services, forensic science practitioner, and health care
communities to inform development of future best practices or
clinical guidelines regarding the care and treatment of sexual
assault survivors; and
(6) perform other activities, such as activities relating to
development, dissemination, outreach, engagement, or training
associated with advancing victim-centered care for sexual assault
survivors.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Working Group shall submit to the Attorney General, the
Secretary, and Congress a report containing the findings and
recommended actions of the Working Group.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . Survivors' Bill of Rights Act of 2016 (Sec. 3) This bill amends the federal criminal code to establish statutory rights for sexual assault survivors, including the right to: (1) not be prevented from receiving a forensic medical examination and not be charged for an examination; (2) have a sexual assault evidence collection kit (i.e., a rape kit) preserved for 20 years or the maximum applicable statute of limitations, whichever is shorter; (3) receive written notification prior to destruction or disposal of a rape kit; and (4) be informed of these rights and policies. Additionally, it makes statutory crime victims' rights applicable to sexual assault survivors. The term "sexual assault" means any nonconsensual sexual act prohibited by federal, state, or tribal law, including when a victim lacks capacity to consent. Funds made available to the Crime Victims Fund under the Victims of Crime Act of 1984 must be used to carry out the requirements concerning these rights, subject to specified exceptions. The bill amends the Victims of Crime Act of 1984 to authorize the Department of Justice's (DOJ's) Office of Justice Programs to make grants to states to develop sexual assault survivors' rights and policies and to disseminate written notice of such rights and policies to medical centers, hospitals, forensic examiners, sexual assault service providers, law enforcement agencies, and other state entities. (Sec. 4) DOJ must establish a working group to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence. | {"src": "billsum_train", "title": "Survivors' Bill of Rights Act of 2016"} | 1,967 | 357 | 0.685885 | 2.204413 | 0.78654 | 3.238562 | 5.905229 | 0.879085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Equity Act of 2009''.
SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX
RATES.
(a) General Rule.--Subsection (f) of section 1 of the Internal
Revenue Code of 1986 (relating to adjustments in tax tables so that
inflation will not result in tax increases) is amended by adding at the
end thereof the following new paragraphs:
``(9) Regional cost-of-living adjustments.--
``(A) In general.--In the case of an individual,
the rate table otherwise in effect under this section
for any taxable year (determined after the application
of paragraph (1)) shall be further adjusted as provided
in subparagraph (B).
``(B) Method of making regional adjustment.--The
rate table otherwise in effect under this section with
respect to any individual for any taxable year shall be
adjusted as follows:
``(i) The minimum and maximum dollar
amounts otherwise in effect for each rate
bracket shall be multiplied by the applicable
multiplier (for the calendar year in which the
taxable year begins) which applies to the
statistical area in which the individual's
primary place of abode during the taxable year
is located.
``(ii) The rate applicable to any rate
bracket (as adjusted by clause (i)) shall not
be changed.
``(iii) The amount setting forth the tax
shall be adjusted to the extent necessary to
reflect the adjustments in the rate brackets.
If any amount determined under clause (i) is not a
multiple of $50, such amount shall be rounded to the
nearest multiple of $50.
``(10) Determination of multipliers.--
``(A) In general.--Not later than December 15 of
each calendar year, the Secretary shall prescribe an
applicable multiplier for each statistical area of the
United States which shall apply to taxable years
beginning during the succeeding calendar year.
``(B) Determination of multipliers.--
``(i) For each statistical area where the
cost-of-living differential for any calendar
year is greater than 125 percent, the
applicable multiplier for such calendar year is
90 percent of such differential.
``(ii) For each statistical area where the
cost-of-living differential for any calendar
year exceeds 97 percent but does not exceed 125
percent, the applicable multiplier for such
calendar year is 1.05.
``(iii) For each statistical area not
described in clause (i) or (ii), the applicable
multiplier is the cost-of-living differential
for the calendar year.
``(C) Cost-of-living differential.--The cost-of-
living differential for any statistical area for any
calendar year is the percentage determined by
dividing--
``(i) the cost-of-living for such area for
the preceding calendar year; by
``(ii) the average cost-of-living for the
United States for the preceding calendar year.
``(D) Cost-of-living for area.--
``(i) In general.--For each calendar year
beginning after 2009, the Secretary of Labor
shall determine and publish a cost-of-living
index for each statistical area.
``(ii) Methodology.--The cost-of-living
index determined under clause (i) for any
statistical area for any calendar year shall be
based on average market prices for the area for
the 12-month period ending on August 31 of such
calendar year. The market prices taken into
account under the preceding sentence shall be
selected and used under the same methodology as
is used by the Secretary of Labor in developing
the Consumer Price Index for All Urban
Consumers.
``(E) Statistical area.--For purposes of this
subsection the term `statistical area' means--
``(i) any metropolitan statistical area as
defined by the Secretary of Commerce, and
``(ii) the portion of any State not within
a metropolitan statistical area as so defined.
``(11) Areas outside the united states.--The area
applicable multiplier for any area outside the United States
shall be 1.''
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to taxable years beginning after December 31, 2009.
(2) Transition rule.--Notwithstanding section 1(f)(9)(A) of
the Internal Revenue Code (as added by this section), the date
for prescribing applicable multipliers for taxable years
beginning in calendar year 2010 shall be the date 1 year after
the date of the enactment of this Act. | Tax Equity Act of 2009 - Amends the Internal Revenue Code to provide regional cost-of-living adjustments in individual income tax rates. Directs the Secretary of Labor to produce a regional cost-of-living index. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for adjustments in the individual income tax rates to reflect regional differences in the cost-of-living."} | 1,023 | 48 | 0.517176 | 1.033758 | 0.714088 | 5.333333 | 22.97619 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Access to Vision Act of
2003''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Good vision is essential for proper physical
development and educational progress in growing children.
(2) Many serious ocular conditions are treatable if
identified in the preschool and early school-aged years.
(3) Early detection of ocular conditions provides the best
opportunity for effective, inexpensive treatment and can have
far reaching implications for vision.
(4) Vision screening programs will identify children
needing comprehensive eye examinations, and these children
should have access to these eye examinations, as well as to
subsequent treatment or services necessary to correct vision
problems.
SEC. 3. GRANTS REGARDING COMPREHENSIVE EYE EXAMINATIONS FOR CHILDREN.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention, may make
grants to States on the basis of an established review process for the
purpose of--
(1) providing comprehensive eye examinations for children
who have been identified by a licensed health care provider or
certified vision screener as needing such services, with
priority given to children who are under the age of 9;
(2) providing subsequent treatment or services necessary to
correct vision problems; and
(3) developing and disseminating, to parents, teachers, and
health care practitioners, educational materials on recognizing
signs of visual impairment in children.
(b) Criteria and Coordination.--
(1) Criteria.--The Secretary, in consultation with
appropriate professional and consumer organizations including
individuals with knowledge of age appropriate vision services,
shall develop criteria--
(A) governing the operation of the grant program;
and
(B) for the collection of data related to vision
assessment and the utilization of followup services.
(2) Coordination.--The Secretary shall, as appropriate,
coordinate the program under subsection (a) with the program
under section 330 of the Public Health Service Act (relating to
health centers), the program under title XIX of the Social
Security Act (relating to the Medicaid program), the program
under title XXI of such Act (relating to the State children's
health insurance program), and with other Federal or State
program that provide services to children.
(c) Application.--A grant may be made under subsection (a) only if
an application for the grant is submitted to the Secretary and the
application is in such form, is made in such manner, and contains such
information as the Secretary may require, including--
(1) information on existing Federal, Federal-State, or
State-funded children's vision screening programs;
(2) a plan for the use of grant funds, including how funds
will be used to complement existing State efforts;
(3) a plan to determine if a grant eligible child has
received an age appropriate vision screening; and
(4) a description of how funds will be used to provide
items or services only as a secondary payer to--
(A) any State compensation program, under an
insurance policy, or under any Federal or State health
benefits program; or
(B) by any entity that provides health services on
a prepaid basis.
(d) Evaluations.--A grant may be made under subsection (a) only if
the State involved agrees that, not later than 1 year after the date on
which amounts under the grant are first received by the State, and
annually thereafter while receiving amounts under the grant, the State
will submit to the Secretary an evaluation of the operations and
activities carried out under the grant, including--
(1) an assessment of the utilization of vision services and
the status of children receiving these services as a result of
the activities carried out under the grant;
(2) the collection, analysis, and reporting of children's
vision data according to guidelines prescribed by the
Secretary; and
(3) such other information as the Secretary may require.
(e) Limitation on Grant Expenditures.--A grant may be made under
subsection (a) only if the State involved agrees that the State will
not expend more than 20 percent of the grant to carry out the purpose
described in paragraph (3) of such subsection.
(f) Definitions.--For purposes of this section:
(1) The term ``comprehensive eye examination'' includes an
assessment of a patient's history, general medical observation,
external and ophthalmoscopic examination, visual acuity, ocular
alignment and motility, refraction, and as appropriate,
binocular vision or gross visual fields, performed by an
optometrist or an ophthalmologist.
(2) The term ``subsequent treatment or services necessary
to correct vision problems'' does not include vision training
or vision therapy services.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $75,000,000
for fiscal year 2004, and such sums as may be necessary for each of
fiscal years 2005 through 2007. | Children's Access to Vision Act of 2003 - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to make grants to States for: (1) comprehensive eye examinations for children needing such services, with priority for children under nine years old; (2) subsequent vision treatment or services; and (3) educational materials on recognizing signs of visual impairment in children.
Directs the Secretary to coordinate the grant program with appropriate Federal and State child services programs. Requires an annual State program evaluation. | {"src": "billsum_train", "title": "To establish a grant program to provide comprehensive eye examinations to children, and for other purposes."} | 1,084 | 114 | 0.644035 | 1.707867 | 0.665214 | 3.722222 | 9.666667 | 0.944444 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Uniform Hazardous
Waste Treatment Act of 1994''.
(b) References to the Solid Waste Disposal Act.--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 Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Cement kilns produce cement kiln dust that has caused
and, if not properly controlled, will continue to cause
contamination of air, soil, and surface and ground water, and
that present unacceptable hazards to human health and the
environment.
(2) Cement kiln dust and cement products produced from
kilns that burn hazardous waste contain concentrations of heavy
metals, particularly lead, at levels significantly higher than
that produced in cement kilns that do not burn hazardous waste.
(3) Widespread burning of hazardous wastes in cement kilns
under current regulations discourages preferable forms of
recycling, reclamation, and reuse.
(4) Existing statutes and regulations are inadequate to
effectively monitor and control the hazards to human health and
the environment posed by cement kilns.
(5) Current regulations permit cement kilns to burn fuel
comprised of hazardous waste materials with little or no fuel
value blended with other materials and wastes.
(6) The public has not had adequate notice and opportunity
to comment on the increasingly large quantities of hazardous
wastes that cement kilns are burning.
(7) Current regulation of cement kilns fosters continued
use of cement kilns that maximize environmental pollution and
discourages introduction of less polluting cement-making
technologies that are currently available.
SEC. 3. SPECIFICATIONS FOR HAZARDOUS WASTE FUELS BURNED IN COMBUSTION
UNITS.
(a) In General.--Section 3004(q) of the Solid Waste Disposal Act is
amended by adding at the end the following new paragraph:
``(3)(A) Facilities that burn fuel for purposes of energy recovery
shall not burn fuel containing any quantity of hazardous waste
identified or listed pursuant to section 3001, unless such fuel is
conforming hazardous waste fuel.
``(B) Within 12 months of the date of the enactment of this
subparagraph, the Administrator shall promulgate quantitative
specifications for conforming hazardous waste fuel to ensure that fuel
containing hazardous waste is burned to recover useful energy, and that
conforming hazardous waste fuel has physical, chemical, thermal and
energy-related properties equivalent to standard fuels such as coal and
oil. Such specifications shall include at a minimum:
``(i) British thermal unit (BTU) content.
``(ii) Metals content.
``(iii) Chlorinated hydrocarbon content.
``(iv) Sulfur content.
``(v) Halogens content.
``(vi) Hazardous waste content of the fuel sufficient to
ensure complete combustion of the hazardous waste components of
the fuel, to limit the ash content of the combustion residue,
and to minimize the amount of ash contained in cement kiln dust
and clinker.''.
(b) Definition.--Section 1004 is amended by adding at the end the
following new paragraph:
``(42) The term `conforming hazardous waste fuel' means any fuel to
be burned in a facility which burns fuel for purposes of energy
recovery that contains any amount of hazardous waste and meets the
specifications established under section 3004(q)(3)(B), except that the
fuel does not contain any hazardous waste component that does not meet
the specifications when that component first becomes subject to
regulation under this subchapter.''.
SEC. 4. CEMENT KILN DUST DISPOSAL.
Section 3004(q), as amended by section 3(a) is further amended by
adding at the end the following new paragraph:
``(4)(A) Notwithstanding the provisions of section 3001(b)(3)(A),
cement kiln dust shall be disposed of only at facilities and only in
units that meet the performance standards promulgated by the
Administrator pursuant to subsection (a) of this section and the
minimum technological requirements promulgated by the Administrator
pursuant to subsection (o) of this section. The Administrator's
authorization to modify certain subchapter C requirements pursuant to
subsection (x) of this section, insofar as it relates to the regulation
of cement kiln dust, shall not extend to cement kiln dust produced in a
cement kiln that burns conforming hazardous waste fuel.
``(B) Standards applicable to the land disposal of cement kiln dust
produced in a cement kiln that burns conforming hazardous waste fuel
pursuant to this paragraph shall be not less stringent than the
standards in effect as of the date of the enactment of this
subparagraph for landfills, waste piles or land farms regulated under
this subchapter.
``(C) Cement kiln dust produced in a cement kiln that burns
conforming hazardous waste fuel is subject to any land disposal
treatment standards promulgated by the Administrator pursuant to
subsection (m) of this section applicable to the particular hazardous
waste contained in the conforming hazardous waste fuel.''.
SEC. 5. CEMENT KILN DESIGN AND OPERATING STANDARDS.
Section 3004(q), as amended by section 4, is further amended by
adding at the end the following new paragraph:
``(5)(A) Not later than 12 months after the date of the enactment
of this subparagraph, the Administrator shall promulgate regulations
establishing such standards for design and operation of cement kilns
that burn conforming hazardous waste fuel as may be necessary to
protect human health and the environment, including standards for, at a
minimum, the following:
``(i) The design and construction of a new or modified
cement kiln that burns conforming hazardous waste fuel.
``(ii) The handling, storage and combustion of conforming
hazardous waste fuel pursuant to protective operating methods,
techniques and practices.
``(iii) Contingency plans to anticipate and minimize
foreseeable potential hazards associated with the
transportation, storage and combustion of conforming hazardous
waste fuel, including damage from accidental spills, leaks,
discharges, emissions, or other releases into the environment
of conforming hazardous waste fuel. Each such contingency plan
shall take into consideration the location of the kiln, and its
proximity to population centers, wetlands, and waters of the
United States.
``(B) For purposes of this paragraph, the term `modified cement
kiln' includes the following alterations to a cement kiln that, as of
the date of the enactment of this subparagraph, burns conforming
hazardous waste fuel:
``(i) The addition of a kiln.
``(ii) The addition of a new waste feed process.
``(iii) Any other alteration of a cement kiln or cement
kiln facility that would require modification of a permit
issued pursuant to section 3005.''.
SEC. 6. AIR EMISSIONS FROM CEMENT KILNS.
Section 3004(n) is amended--
(1) by inserting ``(1)'' before ``Not later than thirty
months''; and
(2) by adding at the end the following:
``(2) Not later than 12 months after the date of the enactment of
this paragraph, the Administrator shall promulgate regulations
establishing standards for the control of emissions of cement kiln dust
from cement kilns. Such standards shall address emissions from--
``(A) operation of a cement kiln;
``(B) removal of cement kiln dust from emission control
equipment;
``(C) cement kiln dust handling, interim storage,
transportation to and deposition in a landfill, and long-term
disposal; and
``(D) the clinker grinding process.
``(3) Not later than 18 months after the date of the enactment of
this paragraph, the Administrator shall promulgate regulations to
control emissions of metals from all units that burn hazardous waste,
including combustion units regulated under subsection (q) of this
section and incinerators, to the extent necessary to protect human
health and the environment. Such regulations shall include standards
for--
``(A) minimum removal efficiency;
``(B) emission limitation for total metals, except mercury;
``(C) emission limitation for carcinogenic metals; and
``(D) emission limitation for mercury.
``(4) Not later than 12 months after the date of the enactment of
this paragraph, the Administrator shall promulgate regulations
establishing standards for the control of stack emissions from cement
kilns. In the case of cement kilns that burn conforming hazardous waste
fuel, such standards shall be at least as stringent as those in effect
as of the date of the enactment of this paragraph for other combustion
units that burn hazardous waste.''.
SEC. 7. PERMIT REQUIREMENTS.
(a) In General.--Section 3005(b) is amended--
(1) by inserting ``(1)'' before ``Each application for a
permit'';
(2) in paragraph (1), as so designated--
(A) by striking ``(1) estimates'' and inserting
``(A) estimates''; and
(B) by striking ``(2) the site'' and inserting
``(B) the site''; and
(3) by adding at the end the following:
``(2) Not later than 180 days after the date of the enactment of
this paragraph, the Administrator shall promulgate regulations
providing procedures or permit application and requirements for
information to be included in permit applications for cement kilns that
burn conforming hazardous waste fuel.
``(3)(A) Not later than 12 months after the date of the enactment
of this subparagraph, each person referred to in subparagraph (B) shall
submit an application for a permit to the Administrator in accordance
with the regulations promulgated pursuant to paragraph (1) (with regard
to landfills) or paragraph (2) (with regard to cement kilns).
``(B) A person referred to in subparagraph (A) is a person owning
or operating--
``(i) a cement kiln that burns conforming hazardous waste
fuel; or
``(ii) a landfill used for the disposal of cement kiln dust
from a cement kiln that burns conforming hazardous waste fuel
that has not obtained a permit under this section.''.
(b) Issuance of Final Permit.--Section 3005(c) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Not later than 2 years after the date of the enactment of
this paragraph, the Administrator shall issue a final permit pursuant
to each application submitted under subsection (b)(3) of this section
or shall issue a final denial of the permit application.''.
(c) Termination of Interim Status.--Section 3005(e) is amended by
adding at the end the following new paragraphs:
``(4)(A) In the case of each cement kiln that burns conforming
hazardous waste fuel which is in existence as of the date of the
enactment of this paragraph, interim status shall terminate 12 months
following such date unless the owner or operator of such facility--
``(i) certifies compliance with applicable requirements of
section 3004(q); and
``(ii) submits a complete permit application in accordance
with the requirements of subsection (b) of this section.
``(B) In the case of each landfill used for the disposal of cement
kiln dust from a cement kiln that burns conforming hazardous waste fuel
which is in existence as of the date of the enactment of this
subparagraph, interim status shall terminate 12 months following such
date unless the owner or operator of such landfill--
``(i) certifies compliance with applicable requirements of
subsections (a), (o), and (q) of section 3004; and
``(ii) submits a complete permit application in accordance
with the requirements of subsection (b) of this section.
``(C) Interim status shall terminate 24 months after the date of
the enactment of this subparagraph for--
``(i) cement kilns burning conforming hazardous waste fuel
that comply with the requirements of paragraph (4)(A); and
``(ii) landfills receiving cement kiln dust from cement
kilns burning conforming hazardous waste fuel that comply with
the requirements of paragraph (4)(B).''.
SEC. 8. MONITORING AND RECORDKEEPING.
Section 3004(q), as amended by section 5, is further amended by
adding at the end the following new paragraph:
``(6) Not later than 12 months after the date of the enactment of
this paragraph, the Administrator shall promulgate such monitoring and
recordkeeping requirements applicable to owners and operators of
combustion units that burn conforming hazardous waste fuel as the
Administrator determines are necessary to ensure compliance with the
requirements of this section. Such monitoring and recordkeeping
requirements shall include, at a minimum, a requirement that owners or
operators of combustion units that burn conforming hazardous waste
fuel--
``(A) test the fuel feed stream on a batch basis and obtain
certified information on fuel composition from the fuel blender
or hazardous waste generator; and
``(B) maintain records for 5 years that specify source,
date, quantity, and composition of all conforming hazardous
waste fuel burned in a combustion unit.''.
SEC. 9. PERSONNEL TRAINING REQUIREMENTS.
Section 3004(q), as amended by section 8, is further amended by
adding at the end the following new paragraph:
``(7) Not later than 12 months after the date of the enactment of
this paragraph, the Administrator shall promulgate regulations,
consistent with the Administrator's authority under subsection (a) of
this section, that provide requirements for training of personnel to--
``(A) operate cement kilns that burn conforming hazardous
waste fuel; and
``(B) operate landfills used for disposal of cement kiln
dust from cement kilns that burn conforming hazardous waste
fuel.''.
SEC. 10. FUEL PROCESSORS.
Section 3004(q), as amended by section 9, is further amended by
adding at the end the following new paragraph:
``(8) Not later than 12 months after the date of the enactment of
this paragraph, the Administrator shall promulgate such regulations
establishing standards applicable to the owners and operators of
facilities which produce a fuel from any hazardous waste identified or
listed under section 3001, or from any hazardous waste identified or
listed under section 3001 and any other material, as may be necessary
to protect human health and the environment. Such standards shall
include requirements that are at least as stringent as the
specifications for conforming hazardous waste fuel promulgated pursuant
to paragraph (3) of this subsection.''. | Uniform Hazardous Waste Treatment Act of 1994 - Amends the Solid Waste Disposal Act to prohibit facilities that burn fuel for energy recovery from burning fuel containing any quantity of hazardous waste identified or listed pursuant to such Act unless such fuel is conforming hazardous waste fuel.
Directs the Administrator of the Environmental Protection Agency to promulgate quantitative specifications for conforming hazardous waste fuel to ensure that fuel containing such waste is burned to recover useful energy and that such fuel has physical, chemical, thermal, and energy-related properties equivalent to standard fuels such as coal and oil. Lists minimum specifications.
Permits cement kiln dust to be disposed of only at facilities and in units that meet specified performance standards for hazardous wastes and minimum technological requirements promulgated by the Administrator.
Limits the Administrator's authority to modify certain hazardous waste requirements with respect to cement kiln dust produced in a kiln that burns conforming hazardous waste fuels. Makes such dust subject to any land disposal treatment standards applicable to the particular hazardous waste contained in the fuel.
Directs the Administrator to promulgate: (1) standards for the design and operation of cement kilns that burn conforming hazardous waste fuel as necessary to protect human health and the environment; (2) standards for the control of emissions of cement kiln dust from cement kilns; (3) regulations to control emissions of metals from all units that burn hazardous waste necessary to protect human health and the environment; and (4) standards for the control of stack emissions from cement kilns.
Sets forth permit requirements with respect to cement kiln dust from kilns that burn conforming hazardous waste fuel.
Establishes monitoring and recordkeeping requirements for owners and operators of combustion units that burn conforming hazardous waste fuel.
Requires the Administrator to promulgate: (1) training requirements for personnel who operate cement kilns that burn conforming hazardous waste or landfills used for disposal of dust from such kilns; and (2) standards for owners and operators of facilities which produce a fuel from any hazardous waste listed under the Solid Waste Disposal Act as necessary to protect human health and the environment. | {"src": "billsum_train", "title": "Uniform Hazardous Waste Treatment Act of 1994"} | 3,449 | 468 | 0.73563 | 2.276705 | 0.770026 | 4.68262 | 7.675063 | 0.944584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRS Customer Service Improvement
Act''.
SEC. 2. DEVELOPMENT AND IMPLEMENTATION OF PERSONAL SERVICE PLAN.
Not later than 1 year after the date of the enactment of this Act,
the Director of the Internal Revenue Service shall develop and
implement a plan to ensure that--
(1) each voice call to service telephone numbers of the
Internal Revenue Service is answered personally and in a timely
manner by an employee of the Internal Revenue Service; and
(2) each letter and notification sent to a taxpayer by the
Internal Revenue Service is signed by the Internal Revenue
Service employee who can be contacted for additional
information regarding such letter or notification.
SEC. 3. INTEREST RATE FOR OVERPAYMENTS TO EQUAL RATE FOR UNDERPAYMENTS.
(a) In General.--Section 6621(a) of the Internal Revenue Code of
1986 (relating to determination of rate of interest) is amended to read
as follows:
``(a) General Rule.--The overpayment rate and the underpayment rate
established under this section shall be the Federal short-term rate
determined under subsection (b).''
(b) Conforming Amendment.--Section 6621 of such Code (relating to
determination of rate of interest) is amended by striking subsection
(c).
(c) Effective Date.--The amendments made by this section shall
apply for purposes of determining interest to periods after the date of
the enactment of this Act.
SEC. 4. NOTICE OF ASSESSMENT ARISING OUT OF MATHEMATICAL OR CLERICAL
ERRORS.
(a) In General.--Paragraph (1) of section 6213(b) of the Internal
Revenue Code of 1986 (relating to assessments arising out of
mathematical or clerical errors) is amended to read as follows:
``(1) Assessments arising out of mathematical or clerical
errors.--
``(A) Notice to taxpayer.--Not later than 6 months
after the due date of a return (or, if applicable, the
last day of any extension relating thereto), the
Secretary shall notify the taxpayer by certified mail
or registered mail if, on account of a mathematical or
clerical error appearing on the return, an amount of
tax in excess of that shown on the return is due, and
an assessment of the tax has been or will be made on
the basis of what would have been the correct amount of
tax but for the mathematical or clerical error.
``(B) Required contents.--Each notice under this
paragraph shall set forth the error alleged and an
explanation thereof.
``(C) Not treated as notice of deficiency.--A
notice under this paragraph shall not be considered as
a notice of deficiency for the purposes of subsection
(a) (prohibiting assessment and collection until notice
of the deficiency has been mailed), or of section
6212(c)(1) (restricting further deficiency letters), or
of section 6512(a) (prohibiting credits or refunds
after petition to the Tax Court), and the taxpayer
shall have no right to file a petition with the Tax
Court based on such notice, nor shall such assessment
or collection be prohibited by the provisions of
subsection (a) of this section.
``(D) Failure to provide timely notice.--In the
case of a failure by the Secretary to provide timely
notice under this paragraph, see section 6404(d)(2) for
waiver of certain interest amounts and penalties.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to returns filed after the date of the enactment of this Act.
SEC. 5. FAIRNESS WHEN COLLECTING A TAX DUE TO MATHEMATICAL AND CLERICAL
ERRORS.
(a) In General.--Section 6404(d) of the Internal Revenue Code of
1986 (relating to abatements) is amended to read as follows:
``(d) Abatement of Interest, Penalty, Additional Amount, and
Addition to Tax Attributable to Certain Mathematical or Clerical
Errors.--
``(1) Prompt payment.--In the case of an assessment of
additional tax attributable to a mathematical or clerical error
(as defined in section 6213(g)(2)), the Secretary shall abate
any interest, penalty, additional amount, and addition to tax
with respect to such assessment if, within 60 days after notice
of such assessment is sent under section 6213(b)(1), the
taxpayer pays, or files a request for an abatement of, such
assessment.
``(2) Failure of secretary to notify within 6 months.--In
the case of an assessment of additional tax attributable to a
mathematical or clerical error (as defined in section
6213(g)(2)) with respect to which the Secretary failed to
notify the taxpayer within the 6-month period specified in
section 6213(b)(1), the Secretary shall abate any interest,
penalty, and additional amount with respect to such
assessment.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to notices filed after the date of the enactment of this Act.
SEC. 6. 1-YEAR PERIOD OF LIMITATION ON CERTAIN ADDITIONAL ASSESSMENTS
RELATING TO CERTAIN RETURNS.
(a) In General.--Subsection (c) of section 6501 of the Internal
Revenue Code of 1986 (relating to exceptions to limitations on
assessment and collection) is amended by adding at the end the
following new paragraph:
``(10) 1-year period for certain individual income tax
taxpayers.--
``(A) In general.--Except as otherwise provided by
this subsection, in the case of a return described in
subparagraph (B), subsection (a) shall be applied by
substituting `1 year' for `3 years' both places it
appears.
``(B) Return described.--A return is described in
this subparagraph if the return is a return of tax
imposed under section 1 for a taxable year of a
taxpayer and if--
``(i) the amount of taxable income shown on
such return is equal to or exceeds the lowest
amount of taxable income to which the 39.6
percent rate of tax applies, and
``(ii) the understatement of tax (if any)
on such return is 25 percent or less of the tax
required to be shown on the return for such
taxable year.
For purposes of clause (ii), the term `understatement'
has the meaning given such term by section
6662(d)(2)(A).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1997.
SEC. 7. EXCEPTION FOR SMALL BUSINESSES FROM REQUIRED USE OF ELECTRONIC
FUND TRANSFER SYSTEM.
(a) In General.--Subsection (h) of section 6302 of the Internal
Revenue Code of 1986 (relating to use of electronic fund transfer
system for collection of certain taxes) is amended by redesignating
paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by
inserting after paragraph (2) the following new paragraph:
``(3) Exception for small depositors.--
``(A) In general.--A taxpayer who is a small
depositor for any calendar year shall not be required
to make deposits by electronic fund transfer for taxes
attributable to payments made during the following
calendar year.
``(B) Small depositor.--A taxpayer is a small
depositor for any calendar year if the amount of
employment taxes attributable to payments made by such
taxpayer during such year is $50,000 or less.''
(b) Required Percentages of Deposits Frozen at 1996 Level.--
(1) Subparagraph (B) of section 6302(h)(2) of such Code is
amended--
(A) by striking ``the applicable required
percentage'' in clause (i) and inserting ``20.1
percent'', and
(B) by striking ``the applicable required
percentage'' in clause (ii) and inserting ``30
percent''.
(2) Paragraph (2) of section 6302(h) of such Code is
amended by striking subparagraph (C).
(c) Effective Date.--The amendments made by this section shall
apply to amounts otherwise required to be deposited after June 30,
1998. | IRS Customer Service Improvement Act - Requires the Internal Revenue Service (IRS) to develop and implement a plan to ensure that: (1) each phone call to the IRS is answered personally and in a timely manner by an IRS employee; and (2) every written IRS communication sent to a taxpayer is signed by an IRS employee who can be contacted for additional information.
Requires the overpayment and the underpayment rate to be the Federal short-term rate.
Revises provisions concerning mathematical or clerical errors.
Provides for a one-year period of limitation (under the general rule, a three-year period) on certain additional assessments relating to certain returns.
Provides an exception from the electronic fund transfer system when the amount of employment taxes attributable to annual payments made is $50,000 or less. | {"src": "billsum_train", "title": "IRS Customer Service Improvement Act"} | 1,917 | 174 | 0.518333 | 1.44142 | 0.687147 | 3.141026 | 10.5 | 0.910256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Service Scholarship Act of
1993''.
SEC. 2. PUBLIC SERVICE SCHOLARSHIP PROGRAM.
(a) In General.--(1) Subpart B of part III of title 5, United
States Code, is amended by adding after chapter 35 the following:
``CHAPTER 36--PUBLIC SERVICE SCHOLARSHIP PROGRAM
``Sec.
``3601. Definition.
``3602. Establishment.
``3603. Identification of candidates.
``3604. Scholarship agreements.
``3605. Scholarship payments.
``3606. Regulations.
``3607. Reports.
``Sec. 3601. Definition
``For the purpose of this chapter, the term `agency' means an
Executive agency.
``Sec. 3602. Establishment
``The Office of Personnel Management shall establish a program, to
be known as the Public Service Scholarship Program, under which
scholarships may be awarded to outstanding students in accordance with
this chapter.
``Sec. 3603. Identification of candidates
``(a) The Office of Personnel Management may, without regard to any
provision of law requiring competitive bidding, enter into a contract
with 1 or more not-for-profit, non-government organizations to identify
candidates for the Public Service Scholarship Program.
``(b) Candidates for the Public Service Scholarship Program--
``(1) shall be identified on the basis of--
``(A) academic excellence and a commitment to
public service or to a field of endeavor useful to the
Government; and
``(B) geographic diversity;
``(2) shall be identified without regard to race, color,
religion, sex, national origin, marital status, age, disabling
condition, or political party or affiliation; and
``(3) shall not be disqualified by reason of already being
employed by the Government.
``(c) Each contract referred to in subsection (a) shall contain
provisions under which the organization involved shall be required to
permit the Office of Personnel Management and representatives of the
General Accounting Office to examine such records of the organization
as may be necessary to carry out the purposes of this chapter.
``Sec. 3604. Scholarship agreements
``(a) An agency may select, from among candidates identified under
section 3603, individuals to receive scholarships under the Public
Service Scholarship Program.
``(b) The agency and each individual so selected shall enter into a
written agreement which shall include, subject to such requirements as
the Office of Personnel Management may by regulation prescribe,
provisions under which--
``(1) the agency shall award the scholarship to help defray
the costs incurred by such individual in pursuing a
baccalaureate or post-baccalaureate degree, as a full-time
student, in an academic program which is not less than 1 and
not more than 4 academic years in duration, at an educational
institution which is authorized to grant such degree;
``(2) the individual shall be required to maintain an
acceptable academic standing (as defined in the agreement), and
to provide to the agency such certifications from the
educational institution as the agency may require relating to
the individual's attendance and academic standing;
``(3) after successfully completing the requirements for
the degree, the individual shall accept, if offered within such
time as shall be specified in the agreement, an appointment to
a full-time position that is commensurate with the individual's
academic degree and experience, and that is--
``(A) in the excepted service, if the individual
has not previously acquired competitive status, with
the right, after successful completion of 2 years of
service and such other requirements as the Office may
prescribe, to be appointed to a position in the
competitive service, notwithstanding subchapter I of
chapter 33; or
``(B) in the competitive service, if the individual
has previously acquired competitive status;
``(4) if appointed under paragraph (3), the individual
shall serve for 18 months for each complete academic year (as
well as the pro rata equivalent for any semester or other
portion of an academic year in excess of 1 or more complete
academic years) for which a scholarship was provided; and
``(5) the individual agrees to repay to the agency the full
amount in scholarships paid to or on behalf of such individual
under this chapter if the individual--
``(A) fails to maintain an acceptable academic
standing or to satisfactorily complete the requirements
for the degree involved; or
``(B) if offered a position in accordance with
paragraph (3), fails to satisfy the requirement under
paragraph (4), unless that failure is due to an
involuntary separation other than for cause.
``(c) If, in the event of a failure described in paragraph (5)(A)
or (B), the individual does not repay the amount required under the
agreement, a sum equal to the amount outstanding shall be recoverable
by the Government from the individual (or such individual's estate, if
applicable) by--
``(1) setoff against accrued pay, compensation, amount of
retirement credit, or other amount due the employee from the
Government; and
``(2) any other method provided by law for the recovery of
amounts owing to the Government.
The head of the agency concerned may waive, in whole or in part, a
right of recovery under this chapter if it is shown that recovery would
be against equity and good conscience or against the public interest.
``(d)(1) An agency and an individual who have entered into an
agreement under this section may, by mutual agreement, modify or
terminate the agreement at any time.
``(2) Nothing in this chapter shall be considered to require an
agency to offer a position to a scholarship recipient. However, if the
agency does not make such an offer within the time specified in the
agreement, the agreement shall be considered terminated.
``(3) An agency may agree to allow the individual to complete all
or part of the period of service required under subsection (b)(4) as an
employee of another agency. The agreement between the agencies may
include provisions under which the receiving agency shall reimburse the
other agency for an amount not to exceed the total amount in
scholarships paid by such agency to or on behalf of the individual
involved.
``Sec. 3605. Scholarship payments
``(a) The Office of Personnel Management shall determine the
maximum amount that may be paid as a scholarship under this chapter, on
the basis of average costs at public and private educational
institutions, covering tuition and fees, books, appropriate living
expenses, and any estimated tax liability for such scholarship. The
amount may vary based on the level of the degree being sought. The
Office may revise the maximum amount from time to time, as the Office
determines appropriate.
``(b)(1) Agencies may make scholarship payments from the
appropriation, fund, or account that is available to pay salaries of
employees of the activity in which it is expected that the recipient of
the scholarship assistance will be employed.
``(2) There are authorized to be appropriated to the Office such
sums as may be necessary to permit the Office to reimburse agencies for
scholarship payments under this chapter, or for portions of such
payments, in order to encourage agencies to make use of the Public
Service Scholarship Program.
``Sec. 3606. Regulations
``The Office of Personnel Management may prescribe regulations for
the administration of this chapter.
``Sec. 3607. Reports
``The Office of Personnel Management shall prepare and submit to
Congress each year a report on the operation of the Public Service
Scholarship Program.''.
(2) The table of chapters for part III of title 5, United States
Code, is amended by adding after the item relating to chapter 35 the
following:
``36. Public Service Scholarship Program.................... 3601''.
(b) Effective Date.--The amendments made by this section shall be
effective as of the date of the enactment of this Act.
SEC. 3. AMENDMENT RELATING TO STUDENT LOAN REPAYMENTS.
Section 5379 of title 5, United States Code, is amended by adding
at the end the following:
``(h) At the request of an agency head, the President may authorize
the application of the preceding provisions of this section (excluding
subsection (a)(2)) with respect to 1 or more categories of employees
within such agency, described in subsection (a)(2), who would not
otherwise be eligible for benefits under this section.''. | Public Service Scholarship Act of 1993 - Directs the Office of Personnel Management to establish the Public Service Scholarship Program under which agencies may award scholarships to outstanding students pursuing a college degree in return for a commitment by them to accept employment with the agencies for a specified period of service.
Authorizes appropriations.
Amends Federal civil service law concerning student loan repayments to allow the President, upon the request of an agency head, to authorize the application of such law with respect to certain categories of agency employees currently ineligible for repayment benefits. | {"src": "billsum_train", "title": "Public Service Scholarship Act of 1993"} | 1,818 | 117 | 0.459208 | 1.173802 | 0.579138 | 2.386139 | 17.950495 | 0.841584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Terrorism Financing Act of
2007''.
SEC. 2. INTERSTATE TRANSPORTATION OF CRIMINAL PROCEEDS AND ``REVERSE''
MONEY LAUNDERING.
(a) In General.--Section 1957(a) of title 18, United States Code,
is amended to read as follows:
``(a)(1) Whoever, in any of the circumstances set forth in
subsection (d)--
``(A) conducts or attempts to conduct a monetary
transaction involving property of a value greater than $10,000
that is derived from specified unlawful activity, knowing that
the property is derived from some form of unlawful activity; or
``(B) conducts or attempts to conduct a monetary
transaction involving property of a value greater than $10,000,
with the intent to promote the carrying on of specified
unlawful activity,
shall be punished as provided in subsection (b).
``(2) Whoever, in the any of the circumstances set forth in
subsection (d), transports, attempts to transport, or conspires to
transport more than $10,000 in currency in interstate commerce--
``(A) knowing that the currency was derived from some form
of unlawful activity; or
``(B) knowing that the currency was intended to be used to
promote some form of unlawful activity,
shall be punished as provided in subsection (b).''.
(b) Penalty.--Section 1957(b) of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by inserting after paragraph (2) the following:
``(3) The maximum period of incarceration for a person convicted of
an offense under subsection (a)(1)(B) must not exceed the statutory
maximum for the offense being promoted.''.
(c) Conforming Amendment.--Section 1957(f) of title 18, United
States Code, is amended--
(1) in paragraph (2) by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by inserting at the end the following:
``(4) the term `conducts' has the same meaning as it does
for purposes of section 1956 of this title.''.
(d) Heading.--
(1) In general.--Section 1957 of title 18, United States
Code, is amended in the heading by inserting ``or in support of
criminal activity'' after ``specified unlawful activity''.
(2) Chapter analysis.--The item relating to section 1957 in
the chapter analysis for chapter 95 of title 18, United States
Code, is amended to read as follows:
``1957. Conducting monetary transactions in property derived from
specified unlawful activity or in support
of criminal activity.''.
SEC. 3. FREEZING BANK ACCOUNTS OF PERSONS ARRESTED FOR OFFENSES
INVOLVING THE MOVEMENT OF MONEY ACROSS INTERNATIONAL
BORDERS.
Section 981(b) of title 18, United States Code, is amended by
adding at the end the following:
``(5)(A) If a person is arrested or charged in connection
with an offense described in subparagraph (C) involving the
movement of funds into or out of the United States, the
Attorney General may apply to any Federal judge or magistrate
judge in the district in which the arrest is made or the
charges are filed for an ex parte order restraining any account
held by the person arrested or charged for not more than 30
days, except that the time may be extended for good cause shown
at a hearing conducted in the manner provided in rule 43(e) of
the Federal Rules of Civil Procedure. The court may receive and
consider evidence and information submitted by the Government
that would be inadmissible under the Federal Rules of Evidence.
``(B) The application for the restraining order referred to
in subparagraph (A) shall--
``(i) identify the offense for which the person has
been arrested or charged;
``(ii) identify the location and description of the
accounts to be restrained; and
``(iii) state that the restraining order is needed
to prevent the removal of the funds in the account by
the person arrested or charged, or by others associated
with such person, during the time needed by the
Government to conduct such investigation as may be
necessary to establish whether there is probable cause
to believe that the funds in the accounts are subject
to forfeiture in connection with the commission of any
criminal offense.
``(C) A restraining order may be issued pursuant to
subparagraph (A) if a person is arrested or charged with any
offense for which forfeiture is authorized under this title,
title 31, or the Controlled Substances Act.
``(D) For purposes of this paragraph--
``(i) the term `account' includes any safe deposit
box and any account (as defined in section 5318A(e)(1)
and (e)(2)) at any financial institution;
``(ii) the term `account held by the person
arrested or charged' includes an account held in the
name of such person, and any account over which such
person has effective control as a signatory or
otherwise.
``(E) Restraint pursuant to this paragraph shall not be
deemed a seizure for purposes of subsection 983(a) of this
title.
``(F) A restraining order issued pursuant to this paragraph
may be executed in any district in which the subject account is
found, or transmitted to the central authority of any foreign
state for service in accordance with any treaty or other
international agreement.''.
SEC. 4. USING BLANK CHECKS IN BEARER FORM TO SMUGGLE MONEY.
Section 5316 of title 31, United States Code, is amended by adding
at the end the following:
``(e) Monetary Instruments With Amount Left Blank.--For purposes of
this section, a monetary instrument that has the amount left blank
shall be considered to have a value in excess of $10,000 if the
instrument was drawn on an account that contained or was intended to
contain more than $10,000 at the time the instrument was being
transported, or at the time it was negotiated or was intended to be
negotiated.''.
SEC. 5. PROHIBITING MONEY LAUNDERING THROUGH HAWALAS, OTHER INFORMAL
VALUE TRANSFER SYSTEMS, AND CLOSELY RELATED TRANSACTIONS.
Section 1956(a)(1) of title 18, United States Code, is amended by
striking ``For purposes of this paragraph, a financial transaction''
and inserting ``For purposes of this paragraph and section 1957, a
financial transaction or a monetary transaction''.
SEC. 6. SECTION 1957 VIOLATIONS INVOLVING COMMINGLED FUNDS AND
STRUCTURED TRANSACTIONS.
Section 1957 of title 18, United States Code, is amended by adding
after subsection (f) the following:
``(g) The Government may satisfy the $10,000 requirement in
subsection (a)(1) by showing that--
``(1) the monetary transaction involved the transfer,
withdrawal, encumbrance, or other disposition of more than
$10,000 from an account in which more than $10,000 in proceeds
of specified unlawful activity was commingled with other funds;
or
``(2) the defendant conducted a series of monetary
transactions in amounts under $10,000 that exceeded $10,000 in
the aggregate and that were closely related to each other in
terms of such factors as time, the identity of the parties
involved, the nature or purpose of the transactions or the
manner in which they are conducted.''. | Combating Terrorism Financing Act of 2007 - Amends the federal criminal code to: (1) expand prohibitions against conducting monetary transactions over $10,000 for the purpose of engaging in interstate criminal activities; (2) authorize the Attorney General to obtain a 30-day ex parte court order freezing the bank account of any individual arrested or charged for crimes involving the movement of funds into or out of the United States; (3) expand money laundering prohibitions to include monetary transactions; and (4) include monetary transactions involving commingled funds or structured transactions in prosecuting interstate transfers of funds greater than $10,000 for criminal purposes.
Includes within the requirement to report monetary transactions exceeding $10,000 blank monetary instruments in bearer form drawn on accounts found to contain more than $10,000. | {"src": "billsum_train", "title": "To provide additional tools and resources to combat terrorism financing."} | 1,734 | 161 | 0.533671 | 1.365364 | 0.779082 | 2.30137 | 10.794521 | 0.849315 |
That this Act may be
cited as the ``Federal Employees' Overtime Pay Limitation Amendments
Act of 2000''.
Sec. 2. (a) Title 5, United States Code is amended--
(1) in section 5542(a)--
(A) by amending paragraph (2) to read as follows:
``(2) For an employee whose basic pay is at a rate which
exceeds the minimum rate of basic pay for GS-10 (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special
rate of pay under section 5305 or similar provision of law),
the overtime hourly rate of pay is an amount equal to the
greater of--
``(A) one and one-half times the minimum hourly rate
of basic pay for GS-10 (including any applicable
locality-based comparability payment under section 5304
or similar provision of law and any applicable special
rate of pay under section 5305 or similar provision of
law); or
``(B) the hourly rate of basic pay of the employee
(including any applicable locality-based comparability
payment under section 5304 or similar provision of law
and any applicable special rate of pay under section
5305 or similar provision of law),
and all that amount is premium pay,''; and
(B) by amending paragraph (4) to read as follows:
``(4) Notwithstanding paragraphs (1) and (2), for any pay
period during which an employee is engaged in work in
connection with an emergency (including a wildfire emergency)
that involves a direct threat to life or property, including
work performed in the aftermath of such an emergency, the
overtime hourly rate of pay is an amount equal to one and one-
half times the hourly rate of basic pay of the employee, except
that such overtime hourly rate of pay may not exceed the
greater of--
``(A) one and one-half times the minimum hourly
rate of basic pay for GS-12 (including any applicable
locality-based comparability payment under section 5304
or similar provision of law but excluding any
applicable special rate of pay under section 5305 or
similar provision of law); or
``(B) the hourly rate of basic pay of the employee
(including any applicable locality-based comparability
payment under section 5304 or similar provision of law
and any applicable special rate of pay under section
5305 or similar provision of law),
and all that amount is premium pay. A determination as to the
existence and duration of such an emergency and its aftermath,
and whether work is connected to it, shall be made at the
discretion of the head of the agency (or his or her designee)
in consultation with the Director of the Office of Management
and Budget.''; and
(2) in section 5547--
(A) by amending subsection (a) to read as follows:
``(a) An employee may be paid premium pay under sections 5542, 5545
(a), (b), and (c), 5545a, and 5546 (a) and (b) only to the extent that
the payment does not cause the aggregate of basic pay and such premium
pay for any pay period for such employee to exceed the greater of--
``(1) the maximum rate of basic pay payable for GS-15
(including any applicable locality-based comparability payment
under section 5304 or similar provision of law and any
applicable special rate of pay under section 5305 or similar
provision of law); or
``(2) the rate payable for level V of the Executive
Schedule.'';
(B) by amending subsection (b)(1) to read:
``(1) Subject to regulations prescribed by the Office of
Personnel Management, the first sentence of subsection (a)
shall not apply to an employee who is paid premium pay by
reason of work in connection with an emergency as specified
under section 5542(a)(4).'';
(C) by amending subsection (b)(2) to read as
follows:
``(2) Notwithstanding paragraph (1), no employee referred
to in such paragraph may be paid premium pay under the
provisions of law cited in the first sentence of subsection (a)
if, or to the extent that, the aggregate of the basic pay and
premium pay under those provisions for such employee would, in
any calendar year, exceed the greater of--
``(A) the maximum rate of basic pay payable for GS-
15 in effect at the end of such calendar year
(including any applicable locality-based comparability
payment under section 5304 or similar provision of law
and any applicable special rate of pay under section
5305 or similar provision of law); or
``(B) the rate payable for level V of the Executive
Schedule in effect at the end of such calendar year.'';
(D) by amending subsection (c) to read as follows:
``(c) The Office of Personnel Management may prescribe regulations
governing the applicability of subsection (b) to employees who are in
receipt of annual premium pay for standby duty or administratively
uncontrollable overtime work under section 5545(c) or availability pay
for criminal investigators under section 5545a.'', and
(E) by adding at the end:
``(d) This section shall not apply to any employee of the Federal
Aviation Administration or the Department of Defense who is paid
premium pay under section 5546a.'',
(b) The amendments made by subsection (a) shall take effect on the
first day of the first pay period beginning on or after 120 days
following the date of enactment of this Act. | Revises provisions regarding limitations on premium pay to: (1) allow an employee to be paid premium pay under certain circumstances only to the extent that the payment does not cause the aggregate of basic pay and such premium pay to exceed the greater of the maximum rate of basic pay payable for GS-15 or the rate payable for level V of the Executive Schedule; (2) provide that such limitation shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency; (3) prohibit such an employee from being paid such pay if, or to the extent that, the aggregate of the basic pay and premium pay would, in any calendar year, exceed the greater of the maximum rate of basic pay payable for GS-15 or the rate payable for level V of the Executive Schedule; (4) authorize the Office of Personnel Management to prescribe regulations governing the applicability of the two preceding amendments to employees who are in receipt of annual premium pay for standby duty or administratively uncontrollable overtime work or availability pay for criminal investigators; and (5) prohibit applying such provisions to certain employees of the Federal Aviation Administration and the Department of Defense. | {"src": "billsum_train", "title": "Federal Employees' Overtime Pay Limitation Amendments Act of 2000"} | 1,175 | 236 | 0.539524 | 1.585714 | 0.771725 | 5.825893 | 5.25 | 0.924107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reform Americans Can Afford Act of
2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The nonpartisan Congressional Budget Office (referred
to in this section as the ``CBO'') predicts that health
insurance premiums will increase by $2,100 for millions of
families by 2016 as a result of the Democrats' health overhaul.
(2) The Obama Administration's own actuaries at the Centers
for Medicare & Medicaid Services (referred to in this section
as the ``CMS'') predict that, ``[N]ational health expenditures
under the health reform act would increase by a total of
$311,000,000,000 (0.9 percent) during calendar years 2010-
2019'' as a result of the Democrats' health overhaul.
(3) The CMS actuaries predict that 14,000,000 Americans
would lose their employer-sponsored insurance as a result of
the Democrats' health overhaul.
(4) The Democrats' health overhaul penalizes Americans who
save money to pay for their health care and threatens to reduce
the value of the health benefits of 43,000,000 Americans with
Flexible Spending Arrangements and Health Savings Accounts.
(5) CBO estimates the Democrats' health overhaul slashes
Medicare by more than one-half trillion dollars in order to
fund a new Government entitlement program.
(6) The Medicare actuaries found these Medicare cuts to be
so drastic that they caution, ``providers for whom Medicare
constitutes a substantive portion of their business could find
it difficult to remain profitable and, absent legislative
intervention, might end their participation in the program
(possibly jeopardizing access to care for beneficiaries)''.
(7) The CMS actuaries predict 7,000,000 Medicare
beneficiaries will no longer be enrolled in a Medicare
Advantage plan and millions of seniors who are currently
enrolled in a Medicare Advantage plan will see their benefits
slashed and out-of-pocket costs increase.
(8) According to the Joint Committee on Taxation and the
CBO, the Democrats' health law contains a total of
$569,200,000,000 in tax increases, including a dozen separate
provisions that break President Obama's pledge to avoid tax
increases on middle-class Americans earning less than $200,000
per year and families earning less than $250,000 per year.
(9) The national unemployment rate remains near 10 percent.
(10) CBO estimates that the Democrats' health overhaul will
raise taxes on employers who fail to provide Government-
approved health insurance to their employees by
$52,000,000,000.
(11) CBO said that ``employees largely bear the cost of . .
. [employer mandate] fees in the form of lower wages''.
(12) The costs incurred by businesses who avoid the tax by
complying with the employer mandate may also be felt by
potential workers (who will have fewer employment opportunities
as businesses respond to the mandate by reducing additional
hiring) and by consumers (who may have to pay more for goods
and services to offset the higher costs imposed on businesses
by the mandate).
(13) The U.S. Chamber of Commerce, which represents more
than 3,000,000 businesses and organizations, said the
Democrats' health overhaul, ``will not increase coverage-rather
it will lead to out-sourcing, off-shoring, hiring of
independent contractors, spinning-off small new companies,
reducing workforces, and reducing wages''.
(14) The National Federation of Independent Business, which
represents 350,000 small businesses, said through mandates,
``employees ultimately bear the cost of their health insurance
through lower employment, depressed wages, depressed
productivity, and loss of economic opportunities''.
(15) CBO found that 3,900,000 Americans would pay
$17,000,000,000 in taxes for not purchasing Government-approved
health insurance and that nearly half of these taxes would be
paid by families earning less than 300 percent of the Federal
poverty level.
(16) The Internal Revenue Service may have to hire as many
as 16,500 additional agents, auditors, and other workers to
enforce all the new taxes and penalties in the Democrats'
health overhaul, dangerously expanding the Government's reach
into the lives of virtually every American.
(17) The CMS actuaries predict the nearly $110,000,000,000
in new health care industry taxes in the Democrats' health
overhaul will be passed onto consumers in the form of higher
premiums and out-of-pocket costs.
(18) The subsidies for individuals and families (who earn
less than 400 percent of the Federal poverty level) in the
Democrats' health overhaul are structured in a way that will
financially punish married couples. For example, a woman
earning $32,000 in 2016 who gets married to a man earning the
same amount will pay an average marriage penalty of $9,640
versus what they would have paid for health coverage had they
not married.
(19) The rapid phase-out of the premium tax credits, when
combined with existing income and payroll tax rates, create
effective marginal tax rates exceeding 100 percent in certain
cases, thus destroying any incentive to work harder and earn
more income.
(20) The so-called ``Patient-Centered Outcomes Research
Institute'' paves the way for Government-sanctioned rationing
of life-saving treatments by allowing the coverage of health
care treatments and services to be based on how much those
treatments and services cost.
(21) The CMS actuaries predict the program to help cover
the sickest Americans will be so inadequately funded that
premiums will have to increase ``substantially'' to maintain
solvency.
(22) The CMS actuaries estimate 18,000,000 Americans will
be dumped into Medicaid, a program in which they are likely to
have a difficult time finding a doctor to treat them, as a
result of the Democrats' health overhaul.
(23) The Medicaid expansion in the Democrats' health
overhaul will force States to spend an additional
$20,000,000,000 on their Medicaid programs at time where the
vast majority of States are facing a budget crisis.
(24) The 2010 budget deficit currently stands at
$1,400,000,000,000 and the national debt totals
$12,000,000,000,000.
(25) The CMS actuaries exposed the Democrats' budget
gimmicks, saying a new Government-run long-term care program
that Democrats have touted as saving $72,000,000,000 over the
next ten years will ``face a significant risk of failure'' and
also that ``the improved [Medicare] financing cannot be
simultaneously used to finance other Federal outlays (such as
the coverage expansions) and to extend the trust fund''.
(26) CBO estimates the House Republican health reform bill
would reduce premiums across the board by up to $1,050
annually.
(27) The House Republican health reform bill would not cut
Medicare or increase taxes.
(28) CBO estimates the Republican health reform bill would
reduce the Federal deficit by $68,000,000,000 over the next 10
years.
(29) As of introduction of this bill, 21 State attorneys
general are suing the Federal Government, challenging the
constitutionality of the Democrats' new health care law.
SEC. 3. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT AND
THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.
(a) Patient Protection and Affordable Care Act.--Effective as of
the enactment of the Patient Protection and Affordable Care Act, such
Act is repealed, and the provisions of law amended or repealed by such
Act are restored or revived as if such Act had not been enacted.
(b) Health Care and Education Reconciliation Act of 2010.--
Effective as of the enactment of the Health Care and Education
Reconciliation Act of 2010, such Act is repealed, and the provisions of
law amended or repealed by such Act are restored or revived as if such
Act had not been enacted.
SEC. 4. ENACTMENT OF THE COMMON SENSE HEALTH CARE REFORM AND
AFFORDABILITY ACT.
H.R. 4038, entitled the ``Common Sense Health Care Reform and
Affordability Act'', as introduced in the House of Representatives on
November 6, 2009, is enacted into law. | Reform Americans Can Afford Act of 2010 - Repeals the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, effective as of their enactment. Restores provisions of law amended by such Acts.
Enacts the Common Sense Health Care Reform and Affordability Act (H.R. 4038), as introduced in the House of Representatives on November 9, 2009. | {"src": "billsum_train", "title": "To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 and enact the Common Sense Health Care Reform and Affordability Act."} | 1,766 | 89 | 0.385957 | 0.918216 | 0.301652 | 5.169014 | 23.225352 | 0.943662 |
That section 2805(a) of
the Act of October 30, 1992 (106 Stat. 4692; 16 U.S.C. 4601-33(a), is
amended by adding at the end the following:
``(3) Any person who violates any such regulation which is
issued pursuant to this Act shall be fined under title 18,
United States Code, imprisoned not more than 6 months, or both.
Any person charged with a violation of such regulation may be
tried and sentenced by any United States magistrate judge
designated for that purpose by the court by which he was
appointed, in the same manner and subject to the same
conditions and limitations as provided for in section 3401 of
title 18, United States Code.
``(4) The Secretary may--
``(A) authorize law enforcement personnel from the
Department of the Interior to act as law enforcement
officers to maintain law and order and protect persons
and property within a Reclamation project or on
Reclamation lands;
``(B) authorize law enforcement personnel of any
other Federal agency that has law enforcement authority
(with the exception of the Department of Defense) or
law enforcement personnel of any State or local
government, including Indian tribes, when deemed
economical and in the public interest, and with the
concurrence of that agency or that State or local
government, to act as law enforcement officers within a
Reclamation project or on Reclamation lands with such
enforcement powers as may be so assigned them by the
Secretary to carry out the regulations promulgated
under paragraph (2);
``(C) cooperate with any State or local government,
including Indian tribes, in the enforcement of the laws
or ordinances of that State or local government; and
``(D) provide reimbursement to a State or local
government, including Indian tribes, for expenditures
incurred in connection with activities under
subparagraph (B).
``(5) Officers or employees designated or authorized by the
Secretary under paragraph (4) are authorized to--
``(A) carry firearms within a Reclamation project
or on Reclamation lands and make arrests without
warrants for any offense against the United States
committed in their presence, or for any felony
cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to
be arrested has committed or is committing such a
felony, and if such arrests occur within a Reclamation
project or on Reclamation lands or the person to be
arrested is fleeing therefrom to avoid arrest;
``(B) execute within a Reclamation project or on
Reclamation lands any warrant or other process issued
by a court or officer of competent jurisdiction for the
enforcement of the provisions of any Federal law or
regulation issued pursuant to law for an offense
committed within a Reclamation project or on
Reclamation lands; and
``(C) conduct investigations within a Reclamation
project or on Reclamation lands of offenses against the
United States committed within a Reclamation project or
on Reclamation lands if the Federal law enforcement
agency having investigative jurisdiction over the
offense committed declines to investigate the offense.
``(6)(A) Except as otherwise provided in this paragraph, a
law enforcement officer of any State or local government,
including Indian Tribes, designated to act as a law enforcement
officer under paragraph (4) shall not be deemed a Federal
employee and shall not be subject to the provisions of law
relating to Federal employment, including, but not limited to,
those relating to hours of work, rates of compensation,
employment discrimination, leave, unemployment compensation,
and Federal benefits.
``(B) For purposes of chapter 171 of title 28, United
States Code, popularly known as the Federal Tort Claims Act, a
law enforcement officer of any State or local government,
including Indian Tribes, shall, when acting as a designated law
enforcement officer under paragraph (4) and while under Federal
supervision and control, and only when carrying out Federal law
enforcement responsibilities, be considered a Federal employee.
``(C) For purposes of subchapter I of chapter 81 of title
5, United States Code, relating to compensation to Federal
employees for work injuries, a law enforcement officer of any
State or local government, including Indian Tribes, shall, when
acting as a designated law enforcement officer under paragraph
(4) and while under Federal supervision and control, and only
when carrying out Federal law enforcement responsibilities, be
deemed a civil service employee of the United States within the
meaning of the term `employee' as defined in section 8101 of
title 5, and the provisions of that subchapter shall apply.
Benefits under this subchapter shall be reduced by the amount
of any entitlement to State or local workers' compensation
benefits arising out of the same injury or death.
``(7) Nothing in paragraphs (3) through (9) shall be
construed or applied to limit or restrict the investigative
jurisdiction of any Federal law enforcement agency, or to
affect any existing right of a State or local government,
including Indian tribes, to exercise civil and criminal
jurisdiction within a Reclamation project or on Reclamation
lands.
``(8) For the purposes of this subsection, the term `law
enforcement personnel' means employees of a Federal, State, or
local government agency, including an Indian tribal agency, who
have successfully completed law enforcement training approved
by the Secretary and are authorized to carry firearms, make
arrests, and execute services of process to enforce criminal
laws of their employing jurisdiction.
``(9) The law enforcement authorities provided for in this
subsection may be exercised only pursuant to rules and
regulations promulgated by the Secretary and approved by the
Attorney General.''. | Amends the Reclamation Recreation Management Act of 1992 to provide for criminal penalties for any person who violates any regulation issued pursuant to such Act regarding protection of reclamation lands and projects. Allows any person charged with a violation to be tried and sentenced by any U.S. magistrate judge.Authorizes the Secretary of the Interior to: (1) authorize law enforcement personnel of the Department of the Interior, other Federal agencies that have law enforcement authority, or any State or local government, including Indian tribes, to act as law enforcement officers within a reclamation project or on reclamation lands; (2) cooperate with any State or local government in the enforcement of the laws or ordinances of that State or local government; and (3) provide reimbursement to a State or local government for expenditures incurred in connection with law enforcement activities within reclamation projects or lands. | {"src": "billsum_train", "title": "A bill to amend the Reclamation Recreation Management Act of 1992 in order to provide for the security of dams, facilities, and resources under the jurisdiction of the Bureau of Reclamation."} | 1,223 | 184 | 0.603971 | 1.668338 | 0.956163 | 4.08125 | 7.34375 | 0.91875 |
SECTION 1. SHORT TITLE.
This act may be cited as ``The International Whaling Moratorium
Enforcement Act of 1993''.
SEC. 2. POLICY AND FINDINGS.
(a) Policy.--It is the policy of the United States to continue to
enforce, through the International Whaling Commission, the indefinite
cessation of the commercial killing of whales.
(b) Findings.--
(1) In 1982, the International Convention for the
Regulation of Whaling was amended to put into force an
indefinite cessation of commercial whaling beginning in the
1985-86 whaling season.
(2) The indefinite cessation of whaling has never been
fully implemented, because Japan and Norway have continued
commercial whaling operations under the guise of ``scientific
research''.
(3) The countries of Japan, Iceland and Norway have
announced their intention to seek an end to the International
Whaling Commission moratorium on commercial whaling.
(4) In June 1992, Norway announced its intention to resume
commercial whaling in the summer of 1993 in defiance of the
International Whaling Commission's indefinite cessation of
commercial whaling.
(5) Iceland withdrew its membership in the International
Whaling Commission, effective June 30, 1992, and has sought to
further erode the authority of the International Whaling
Commission by requesting a commercial whaling quota from the
North Atlantic Marine Mammal Commission, a regional group that
has no authority to set quotas for whaling.
(6) The United States has, together with sixteen other
member nations of the International Whaling Commission, urged
Norway to reconsider its announced intention to resume
commercial whaling.
(7) On October 26, 1992, the Secretary of Commerce
certified, pursuant to the Pelly Amendment to the Fishermen's
Protective Act of 1967 (22 U.S.C. 1978), that Norway's
activities under its scientific research whaling program
diminished the effectiveness of the International Whaling
Commission's conservation program.
(8) Pursuant to Agenda 21 of the United Nations Conference
on Environment and Development, the International Whaling
Commission is the international organization responsible for
the management and conservation of cetacean species, but to
date has no means by which to enforce its authority.
SEC. 3. CERTIFICATIONS.
(a) Certification of Noncompliance.--Not later than January 1,
1994, the President shall certify to the Congress each country that has
not completely ceased forbidden whaling operations.
(b) Action by the President.--
(1) Certification under the fishermen's protective act of
1967.--If a certification is made under subsection (a) with
respect to any country, such certification shall be deemed to
be a certification for the purposes of section 8(a) of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). Upon
such certification all other applicable provisions of section 8
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978),
including subsections (b) through (g), shall apply.
(2) Prohibition against importing fish and fish products.--
If a certification is made under subsection (a) with respect to
any country, the President shall direct the Secretary of the
Treasury to immediately prohibit the bringing or importation
into the United States of fish and fish products from such
country. Not later than fifteen days after such certification,
the President shall notify the Congress of any action taken by
him under this subsection. Subsections (c), (e), (f), and (g)
of section 8 of the Fishermen's Protective Act of 1967 (22
U.S.C. (c), (e), (f), and (g)) shall apply with respect to any
prohibition on importation imposed under this subsection.
(d) Additional Economic Sanctions.--
(1) In general.--If--
(A) a certification is made under subsection (a)
and the President determines that the economic
sanctions imposed under subsection (b)(2) are
insufficient to stop the country from engaging in
forbidden whaling operations,
(B) a certification is not made under subsection
(a) and the President determines at any time after
January 1, 1994, that a country is engaging in
forbidden whaling operations, or
(C) any country against which an action has been
taken under subsection (b) retaliates against the
United States as a result of such action, the President
is authorized to impose additional economic sanctions
against such country.
(2) Scope of additional economic sanctions.--In addition to
the prohibition on importation described in subsection (b)(2),
the President is authorized to impose additional economic
sanctions, including the imposition of duties, import bans or
other import restrictions on the goods of, and notwithstanding
any other provision of law, fees or restrictions on the
services of a country to which this Act applies.
(3) Action by president.--The President shall notify the
Congress within fifteen days, if either--
(A) an event described in paragraph (1) occurs, or
(B) the President imposes additional economic
sanctions under this subsection.
(e) Duration of Restrictions.--Any sanction imposed against a
country under subsection (b) or (c) shall remain in effect until such
time as the President certifies to the Congress that such country has
completely ceased forbidden whaling operations.
(f) Definitions.--For purposes of this section--
(1) Forbidden whaling operations.--The term ``forbidden
whaling operations'' means whaling operations which are not
authorized and specifically approved by the International
Whaling Commission or otherwise diminish the effectiveness of
any conservation program under the International Convention for
the Regulation of Whaling.
(2) Fish and fish products.--The term ``fish and fish
products'' has the meaning given the term ``fish products'' in
section 8(h)(4) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1978(h)(4)). | International Whaling Moratorium Enforcement Act of 1993 - Directs the President to certify to the Congress each country that has not completely ceased whaling operations which are not authorized and specifically approved by the International Whaling Commission or which otherwise diminish the effectiveness of any conservation program under the International Convention for the Regulation of Whaling.
Deems that certification to be a certification under specified provisions of the Fishermen's Protective Act, requiring the application of related provisions, including those prohibiting the importation of fish and wildlife products from the offending country. Mandates such a ban on fish and fish products.
Authorizes additional economic sanctions if the fish and fish products ban is insufficient to stop such whaling. | {"src": "billsum_train", "title": "International Whaling Moratorium Enforcement Act of 1993"} | 1,318 | 157 | 0.559844 | 1.578851 | 0.574852 | 3.433071 | 9.228346 | 0.88189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Aid Reward Act of 2005''.
SEC. 2. STUDENT AID REWARD PROGRAM.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.) is amended by inserting after section 489 the following:
``SEC. 489A. STUDENT AID REWARD PROGRAM.
``(a) Program Authorized.--The Secretary shall carry out a Student
Aid Reward Program to encourage institutions of higher education to
participate in the student loan program under this title that is most
cost-effective for taxpayers.
``(b) Program Requirements.--In carrying out the Student Aid Reward
Program, the Secretary shall--
``(1) provide to each institution of higher education
participating in the student loan program under this title that
is most cost-effective for taxpayers, a Student Aid Reward
Payment, in an amount determined in accordance with subsection
(c), to encourage the institution to participate in that
student loan program;
``(2) require each institution of higher education
receiving a payment under this section to provide student loans
under such student loan program for a period of 5 years after
the date the first payment is made under this section;
``(3) where appropriate, require that funds paid to
institutions of higher education under this section be used to
award students a supplement to such students' Federal Pell
Grants under subpart 1 of part A;
``(4) permit such funds to also be used to award need-based
grants to lower- and middle-income graduate students; and
``(5) encourage all institutions of higher education to
participate in the Student Aid Reward Program under this
section.
``(c) Amount.--The amount of a Student Aid Reward Payment under
this section shall be not less than 50 percent of the savings to the
Federal Government generated by the institution of higher education's
participation in the student loan program under this title that is most
cost-effective for taxpayers instead of the institution's participation
in the student loan program that is not most cost-effective for
taxpayers.
``(d) Trigger to Ensure Cost Neutrality.--
``(1) Limit to ensure cost neutrality.--Notwithstanding
subsection (c), the Secretary shall not distribute Student Aid
Reward Payments under the Student Aid Reward Program that, in
the aggregate, exceed the Federal savings resulting from the
implementation of the Student Aid Reward Program.
``(2) Federal savings.--In calculating Federal savings, as
used in paragraph (1), the Secretary shall determine Federal
savings on loans made to students at institutions of higher
education that participate in the student loan program under
this title that is most cost-effective for taxpayers and that,
on the date of enactment of the Student Aid Reward Act of 2005,
participated in the student loan program that is not most cost-
effective for taxpayers, resulting from the difference of--
``(A) the Federal cost of loan volume made under
the student loan program under this title that is most
cost-effective for taxpayers; and
``(B) the Federal cost of an equivalent type and
amount of loan volume made, insured, or guaranteed
under the student loan program under this title that is
not most cost-effective for taxpayers.
``(3) Distribution rules.--If the Federal savings
determined under paragraph (2) is not sufficient to distribute
full Student Aid Reward Payments under the Student Aid Reward
Program, the Secretary shall--
``(A) first make Student Aid Reward Payments to
those institutions of higher education that
participated in the student loan program under this
title that is not most cost-effective for taxpayers on
the date of enactment of the Student Aid Reward Act of
2005; and
``(B) with any remaining Federal savings after
making Student Aid Reward Payments under subparagraph
(A), make Student Aid Reward Payments to the
institutions of higher education eligible for a Student
Aid Reward Payment and not described in subparagraph
(A) on a pro-rata basis.
``(4) Distribution to students.--Any institution of higher
education that receives a Student Aid Reward Payment under this
section--
``(A) shall distribute, where appropriate, part or
all of such payment among the students of such
institution who are Federal Pell Grant recipients by
awarding such students a supplemental grant; and
``(B) may distribute part of such payment as a
supplemental grant to graduate students in financial
need.
``(5) Estimates, adjustments, and carry over.--
``(A) Estimates and adjustments.--The Secretary
shall make Student Aid Reward Payments to institutions
of higher education on the basis of estimates, using
the best data available at the beginning of an academic
or fiscal year. If the Secretary determines thereafter
that loan program costs for that academic or fiscal
year were different than such estimate, the Secretary
shall adjust by reducing or increasing subsequent
Student Aid Reward Payments rewards paid to such
institutions of higher education to reflect such
difference.
``(B) Carry over.--Any institution of higher
education that receives a reduced Student Aid Reward
Payment under paragraph (3)(B), shall remain eligible
for the unpaid portion of such institution's financial
reward payment, as well as any additional financial
reward payments for which the institution is otherwise
eligible, in subsequent academic or fiscal years.
``(e) Definition.--In this section:
``(1) Student loan program under this title that is most
cost-effective for taxpayers.--The term `student loan program
under this title that is most cost-effective for taxpayers'
means the loan program under part B or D of this title that has
the lowest overall cost to the Federal Government (including
administrative costs) for the loans authorized by such parts.
``(2) Student loan program under this title that is not
most cost-effective for taxpayers.--The term `student loan
program under this title that is not most cost-effective for
taxpayers' means the loan program under part B or D of this
title that does not have the lowest overall cost to the Federal
Government (including administrative costs) for the loans
authorized by such parts.''. | Student Aid Reward Act of 2005 - Amends the Higher Education Act of 1965 (HEA) title IV (Student Assistance) to direct the Secretary of Education to carry out a Student Aid Reward (SAR) Program of payments to encourage institutions of higher education (IHEs) to participate in the student loan program under title IV that is most cost-effective for taxpayers.
Requires that a SAR payment to an IHE equal at least 50 percent of the savings to the Federal Government generated by the IHE's participation in the most cost-effective student loan program, rather than one not cost-effective for taxpayers.
Requires IHEs receiving SAR payments to: (1) provide student loans under that most cost-effective program for five years after the payment date; and (2) use payment funds, where appropriate, to supplement student Pell Grants. Allows such funds to be used also to award need-based grants to lower and middle income graduate students. | {"src": "billsum_train", "title": "A bill to ensure that the Federal student loans are delivered as efficiently as possible, so that there is more grant aid for students."} | 1,343 | 210 | 0.671126 | 1.753861 | 0.910329 | 3.092391 | 6.98913 | 0.88587 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generic Complex Drugs Safety and
Effectiveness for Patients Act of 2015''.
SEC. 2. GAO STUDY OF SCIENTIFIC ISSUES REGARDING THE CURRENT REGULATORY
PATHWAY FOR REVIEWING GENERIC VERSIONS OF CERTAIN COMPLEX
DRUG PRODUCTS.
(a) Study by GAO.--The Comptroller General of the United States
shall conduct a study to determine the following:
(1) With respect to nonbiologic complex drug products that
have not been fully characterized (as defined in subsection
(e)(1)), whether the listing of such drugs as reference
products in generic drug applications presents unique
challenges in meeting approval standards that are significantly
different than the challenges presented by generic drug
applications that list small-molecule reference products.
(2) With respect to biological products that are within the
scope of the exception under section 7002(e)(2) of Public Law
111-148 (relating to temporary authority for the approval of
biological products under section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355)), whether the listing of
such biological products as reference products in generic drug
applications presents unique challenges in meeting approval
standards that are significantly different than the challenges
presented by generic drug applications that list small-molecule
reference products.
(3) If the answer to the question under paragraph (1) or
(2) is that significantly different challenges are presented
for patients when reference products are nonbiologic complex
drug products that have not been fully characterized or when
reference products are biological products that are within the
scope of the exception under section 7002(e)(2) of Public Law
111-148:
(A) What degree of characterization of the proposed
generic version and the reference product should be
required in order to determine the safety and
effectiveness of the generic version.
(B) What degree of similarity should be required to
deem that the active ingredient of the proposed generic
version is the same as the active ingredient of the
reference product.
(C) What types of evidence should be required to
demonstrate that the proposed generic version is
bioequivalent to the reference product.
(D) What requirements should be established with
respect to the comparability of the manufacturing
process for the proposed generic version and the
manufacturing process for the reference product.
(E) Whether and to what extent clinical evidence is
needed to demonstrate that there is no difference in
immunogenicity between the proposed generic version and
the reference product.
(F) Whether and to what extent other clinical
evidence is needed to demonstrate that the proposed
generic version is as safe and effective for patients
as the reference product.
(G) Taking into account the determinations made
regarding the issues listed in subparagraphs (A)
through (F):
(i) Whether section 505(j) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
should be amended to establish provisions that
expressly address the approval of copy versions
of nonbiologic complex drug products that have
not been fully characterized, provisions that
expressly address the approval of copy versions
of biological products that are within the
scope of the exception under section 7002(e)(2)
of Public Law 111-148, or both.
(ii) Whether section 505(b)(2) of such Act
(21 U.S.C. 355(b)(2)) should be so amended.
(iii) Whether such Act should otherwise be
so amended.
(iv) Whether section 351 of the Public
Health Service Act (42 U.S.C. 262) should be so
amended.
(H) Taking into account the determinations made
regarding the issues listed in subparagraphs (A)
through (F), and taking into consideration all relevant
guidances, draft guidances, and other agency policy
documents--
(i) whether the Food and Drug
Administration should develop and provide to
the public a policy document that provides a
comprehensive statement of general principles
on the evidence that is necessary to obtain the
approval of such Administration for proposed
generic versions of reference products that are
nonbiologic complex drug products that have not
been fully characterized or that are biological
products; and
(ii) if so, the date by which such
Administration could reasonably be expected to
issue such comprehensive policy document.
(b) Consultation.--The Comptroller General shall conduct the study
under subsection (a) in consultation with--
(1) the Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs; and
(2) appropriate public and private entities, including
patient advocacy organizations, professional medical
associations, hospital pharmacies, scientists of academic and
business organizations, and representatives of the regulated
industry.
(c) Required Consideration.--In carrying out the study under
subsection (a), the Comptroller General shall consider the following:
(1) Published clinical reports of clinically meaningful
(including serious) adverse events of patients to--
(A) generic versions of the nonbiologic complex
drug products that have not been fully characterized;
(B) generic versions of biological products; and
(C) the reference products.
(2) The specific criteria that have been used by the
Secretary to approve generic versions of nonbiologic complex
drug products that have not been fully characterized or generic
versions of biological products.
(3) The specific criteria specified in guidances, draft
guidance, and other documents issued by the Secretary regarding
applications under section 351(k) of the Public Health Service
Act (42 U.S.C. 262(k)) for the licensing of biosimilar
biological products.
(d) Optional Consideration.--In carrying out the study under
subsection (a), the Comptroller General may under subsection (c)
consider the following information from foreign countries:
(1) Reports described in subsection (c)(1) from foreign
countries that are listed in clause (i) or (ii) of section
802(b)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 382(b)(1)(A)) or are designated pursuant to section
802(b)(1)(B) of such Act (21 U.S.C. 382(b)(1)(B)).
(2) The guidelines or recommendations of the pharmaceutical
regulatory agencies of foreign countries described in paragraph
(1) regarding any class of products that such an agency
regulates as a biosimilar biological product, but that has been
or could be approved as a generic drug in the United States.
(3) Any instance where the Secretary or such foreign
regulatory agencies have, after approving a generic version (or
a foreign equivalent) of a nonbiologic complex drug product
that has not been fully characterized or a generic version (or
a foreign equivalent) of a biological product, sought a
clinical trial to confirm--
(A) the generic version (or foreign equivalent) is
therapeutically equivalent to the reference product (or
meets a similar standard, in the case of a foreign
regulatory agency); or
(B) the safety and effectiveness of the generic
version (or foreign equivalent).
(e) Completion Date.--Not later than the expiration of the 2-year
period beginning on the date of the enactment of this Act, the
Comptroller General shall complete the study under subsection (a) and
submit a report describing the findings and conclusions of the study to
the Secretary, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate.
(f) Definitions.--
(1) Complex drug product not fully characterized.--For
purposes of this section, the terms ``complex drug product that
has not been fully characterized'' and ``complex drug products
that have not been fully characterized'', with respect to a
nonbiologic drug, means a drug for which--
(A) the active ingredient has molecular diversity;
(B) scientific analytic methodologies are unable to
fully identify the molecular structures and
physiochemical properties of the active ingredient; and
(C) the nature of the active ingredient is not
understood sufficiently to identity--
(i) all the molecular components of the
drug that are involved in producing the
therapeutic effect; and
(ii) the mechanisms of action that produce
such effect.
(2) Other definitions.--For purposes of this section:
(A) The term ``bioequivalent'', with respect to a
generic drug, has the meaning given such term in
section 505(j)(8)(B) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(8)(B)).
(B) The term ``generic drug'' or ``generic
version'', with respect to the United States, means a
drug that is approved under section 505(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)).
(C) The term ``generic drug application'' means an
abbreviated application for the approval of a new drug
under section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)).
(D) The term ``proposed'', with respect to a
generic version, means subject to a generic drug
application that is pending before the Food and Drug
Administration.
(E) The term ``reference product'', with respect to
a generic drug, has the meaning given the term ``listed
drug'' in section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)).
(F) The term ``Secretary'' means the Secretary of
Health and Human Services. | Generic Complex Drugs Safety and Effectiveness for Patients Act of 2015 This bill requires the Government Accountability Office (GAO) to study whether generic versions of certain complex drugs or certain biological drugs face significantly different challenges in meeting the approval standards of the Food and Drug Administration (FDA) than generic versions of small-molecule drugs. (Complex drugs and biological drugs can be composed of large molecules that are more difficult to fully characterize than small molecules, so it can be more difficult to demonstrate that generic versions of these drugs are the same as the brand name versions.) If the GAO determines that these generic drugs face significantly different challenges, then the GAO must also determine: (1) the evidence that should be required to demonstrate that one of these generic drugs is sufficiently similar to the brand name drug in safety, composition, and activity; (2) whether the Federal Food, Drug, and Cosmetic Act should be amended to address the approval of these generic drugs; and (3) whether the FDA should develop a policy document on the evidence that is necessary to obtain approval of these generic drugs. | {"src": "billsum_train", "title": "Generic Complex Drugs Safety and Effectiveness for Patients Act of 2015"} | 2,110 | 219 | 0.633905 | 1.83328 | 0.849542 | 2.438679 | 9.09434 | 0.825472 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety for Americans from Nuclear
Weapons Testing Act''.
SEC. 2. TREATMENT UNDER NATIONAL ENVIRONMENTAL POLICY ACT OF ACTIONS
RELATING TO NUCLEAR WEAPONS TESTS.
(a) In General.--Each action of a Federal agency described in
subsection (b) shall be deemed to be a major Federal action
significantly affecting the quality of the human environment for which
a separate environmental impact statement is required under section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
(b) Actions Described.--An action described in this subsection is
any of the following:
(1) The resumption of underground nuclear testing at the
Nevada Test Site.
(2) The use of a location other than the Nevada Test Site
for the resumption of underground nuclear testing.
(c) Included Information.--
(1) In general.--The environmental impact statement
prepared under subsection (a) for an action described in
subsection (b) shall include a detailed description of--
(A) the possibility of radiation containment
failure as a result of the action and the effects of
such containment failure; and
(B) the possible long-term effects on the water
table from underground radiation leakage resulting from
the action.
(2) Information for categories of weapons.--In the case of
an action described in subsection (b) that is expected to
result in the testing of more than one nuclear weapon or
nuclear explosive device, the information required under
paragraph (1) shall be included separately with respect to
each, if any, of the following 3 classes of weapons and devices
that is the subject of such tests:
(A) Weapons and devices having a yield of less than
15 kilotons.
(B) Weapons and devices having a yield of not less
than 15 kilotons and not greater than 50 kilotons.
(C) Weapons and devices having a yield of greater
than 50 kilotons.
(d) Availability of Statements.--The head of a Federal agency that
carries out an action described in subsection (b)--
(1) shall make available to the public the detailed
statement required for the action under section 102(2)(C) of
the National Environmental Policy Act of 1969, except that the
head of an agency shall not make available to the public any
classified annex to such statement; and
(2) shall submit to Congress each classified annex to such
statement.
(e) Existing Statements Not Sufficient.--No statement prepared
before the date of the enactment of this Act shall be treated as the
statement required by section 102(2)(C) of the National Environmental
Policy Act of 1969 with respect to an action described in subsection
(b).
SEC. 3. CONGRESSIONAL AUTHORIZATION REQUIRED FOR RESUMPTION OF NUCLEAR
WEAPONS TESTING.
The United States may not resume underground nuclear testing
unless authorized by an Act enacted after the date of the enactment of
this Act.
SEC. 4. PUBLIC NOTICE REQUIREMENTS.
(a) Advance Public Notice of Each Test.--
(1) In general.--The United States may not resume
underground nuclear testing unless the Secretary of Energy
first provides, not later than 7 days before the date of the
test, public notice of the fact that such test is to be carried
out.
(2) Revisions.--The President shall promptly provide to the
public notice of any change to the information provided
pursuant to paragraph (1).
(b) Prompt Notice of Each Test.--After each underground nuclear
test at the Nevada Test Site, the Secretary of Energy shall promptly
provide to the public notice of each of the following:
(1) The date, time, and location of the test.
(2) The nature and extent of any release of radiation
resulting from such test.
(c) Public Meeting Requirement.--After an underground nuclear test
is conducted, the Secretary of Energy shall hold a public meeting in
southern Utah to discuss the details of the test, including the nature
and extent of any release of radiation as a result of the test.
(d) Rule of Construction.--The notice requirements under
subsections (a) and (b) shall apply notwithstanding any provision of
law that would otherwise require or permit the information to not be
made public.
SEC. 5. STUDY ON SAFETY AND HEALTH OF CITIZENS IN THE VICINITY OF THE
NEVADA TEST SITE.
Not later than one year after the date of the enactment of this
Act, the National Academy of Sciences shall, for purposes of obtaining
an independent analysis of the safety, health, and environmental issues
related to underground nuclear testing and ensuring the safety and
health of citizens who live near the Nevada Test Site, complete a study
on the safety, health, and environmental measures that the National
Nuclear Security Administration has taken with respect to underground
nuclear testing. The study shall also recommend additional measures
that might be taken, if required, to ensure the safety and health of
such citizens.
SEC. 6. NEVADA TEST SITE CITIZENS REVIEW BOARD.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall establish a Nevada
Test Site Citizens Review Board (hereafter in this section referred to
as the ``Board'') to address environmental, health, and safety issues
related to nuclear testing at the Nevada Test Site.
(b) Membership.--
(1) In general.--The Board shall be composed of nine
members appointed by the Secretary of Energy of whom--
(A) three members shall be citizens of Nevada, of
whom--
(i) one shall be a State official with
expertise in the fields of environmental
safety, health, or air quality; and
(ii) two shall be community
representatives;
(B) three members shall be citizens of Arizona, of
whom--
(i) one shall be a State official with
expertise in the fields of environmental
safety, health, or air quality; and
(ii) two shall be community
representatives; and
(C) three members shall be citizens of Utah, of
whom--
(i) one shall be a State official with
expertise in the fields of environmental
safety, health, or air quality; and
(ii) two shall be community
representatives.
(2) Recommendations for appointments.--
(A) Nevada.--The members of the Board appointed
under paragraph (1)(A) shall be appointed from among
any individuals that are recommended for such
appointment by the chief executive officer of the State
of Nevada.
(B) Arizona.--The members of the Board appointed
under paragraph (1)(B) shall be appointed from among
any individuals that are recommended for such
appointment by the chief executive officer of the State
of Arizona.
(C) Utah.--The members of the Board appointed under
paragraph (1)(C) shall be appointed from among any
individuals that are recommended for such appointment
by the chief executive officer of the State of Utah
pursuant to such recommendations as have been made
jointly by the Five County Association of Governments
and the Six County Association of Governments, Utah.
(c) Meetings.--
(1) In general.--The Board shall meet annually, together
with the Nevada Test Site Office Manager, to discuss
environmental, health, and safety issues at the Nevada Test
Site.
(2) Review of proposed nuclear tests.--The Board shall meet
not later than 180 days prior to any proposed nuclear test at
the Nevada Test Site to discuss environmental, health, and
safety issues related to such proposed test.
SEC. 7. GRANT PROGRAM FOR INDEPENDENT RADIATION MONITORING.
(a) Grants Authorized.--The Secretary of Homeland Security, acting
through the Office for Domestic Preparedness, shall carry out a program
under which the Secretary makes grants to institutions of higher
education--
(1) to acquire radiation detection equipment and sensors
for use by those institutions; and
(2) to maintain and operate such equipment and sensors for
a period of 10 years after the award of such grant to the
institution concerned.
(b) Preference.--In making grants under this section, the Secretary
shall give preference to institutions located in States that have
received high levels of fallout from nuclear weapons tests, as
determined by data collected by the National Cancer Institute.
(c) Conditions.--Each institution that receives a grant under this
section shall be required, whenever the United States carries out an
underground nuclear test during the period referred to in subsection
(a)--
(1) to use the equipment and sensors to carry out
monitoring to determine the nature and amount of any radiation
from the test that reaches such sensors; and
(2) to ensure that all information on radiation obtained
through monitoring under paragraph (1) is made available to the
public.
SEC. 8. MONITORING OF RELEASES OF RADIATION INTO THE ATMOSPHERE.
(a) Monitoring by Department of Energy and Environmental Protection
Agency.--Whenever the United States carries out an underground nuclear
test, monitoring to determine the nature and extent of any radiation
released into the atmosphere shall be carried out by--
(1) the Secretary of Energy, using--
(A) all available monitoring systems of the
Department of Energy located on or off the test site;
and
(B) any other complementary monitoring system
located off the test site that is made available to the
Secretary by the head of any other element of the
Federal Government; and
(2) the Administrator of the Environmental Protection
Agency, using one or more monitoring systems and in
consultation with the head of any other element of the Federal
Government with a monitoring system located off the test site.
(b) Monitoring Stations.--The Secretary of Energy shall ensure
that, not later than one year after the date of the enactment of this
Act, there shall be at least one monitoring station that is established
and operational in each county of the State of Utah that has requested
such a monitoring station as of that date.
(c) Assessment of Containment by Department of Energy.--For each
underground nuclear test, the Secretary of Energy shall assess and
evaluate the containment of radiation before and after the test.
(d) Monitoring by Environmental Protection Agency.--
(1) In general.--In carrying out monitoring under
subsection (a)(2), the Administrator of the Environmental
Protection Agency shall use a combination of temporary ground
sensors, permanent ground sensors, and airborne sensors.
(2) Real-time monitoring required.--Any sensors employed
pursuant to paragraph (1) that operate by gathering air
particles shall have real-time monitoring capabilities.
(3) Placement of sensors.--
(A) Consultation.--In determining the locations for
the sensors employed pursuant to paragraph (1), the
Administrator of the Environmental Protection Agency
shall consult with--
(i) the Administrator of the National
Oceanic and Atmospheric Administration;
(ii) the head of any other element of the
Federal Government with a suitable monitoring
system located off the test site; and
(iii) the head of any other element of the
Federal Government that the Administrator of
the Environmental Protection Agency considers
appropriate.
(B) Criteria for determinations.--In determining
the locations of sensors under this paragraph, the
Administrator of the Environmental Protection Agency
shall consider the proximity of such locations to major
agricultural zones, population centers, public water
resources, and areas with high levels of fallout from
previous nuclear tests.
(e) Public Notice of Monitoring Data.--The Secretary of Energy and
the Administrator of the Environmental Protection Agency each shall
ensure that all information on radiation obtained through monitoring
under this section is made available to the public on the Internet as
soon as available, and in any event not more than 24 hours after such
information is collected.
(f) Finding of Release.--If, in monitoring any test under this
subsection, the head of any element of the Federal Government
determines that a release of radiation beyond the boundaries of the
Nevada Test Site has occurred--
(1) the Administrator of the Environmental Protection
Agency shall immediately submit a report to Congress providing
notice of such determination;
(2) the United States shall cease all underground nuclear
testing, except as otherwise provided in an Act enacted after
the date of such test; and
(3) the Attorney General shall carry out a program,
substantially similar to the program carried out under section
4 of the Radiation Exposure Compensation Act (42 U.S.C. 2210
note), under which compensation is provided to individuals
adversely affected by such release of radiation.
SEC. 9. ESTABLISHMENT OF CENTER FOR THE STUDY OF RADIATION AND HUMAN
HEALTH.
(a) Establishment.--The Director of the National Institutes of
Health shall make a grant to a university or a consortium of
universities located in the intermountain west region of the United
States to establish, maintain, and operate a center to be known as the
``National Center for the Study of Radiation and Human Health'' (in
this section referred to as the ``Center'').
(b) Activities.--The activities of the Center shall include the
following:
(1) Awarding grants to institutions of higher education for
research on the relationship between radiation and human
health, including any health effects or illness related to
exposure to particular radioactive isotopes.
(2) Studying the relationship between radiation and human
health, including fallout data collection.
(3) Coordinating efforts relating to research on radiation
and human health.
(4) Collecting, maintaining, and making available to the
public by means of the Internet an archive of data on fallout
from nuclear tests and the effects of exposure to such fallout
on human health.
(c) Report.--The Center shall submit to Congress, and make
available to the public, an annual report on the activities of the
Center.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 10. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR WEAPONS TESTS.
Not later than 3 years after the date of the enactment of this Act,
the Secretary of Health and Human Services, acting through the Director
of the National Cancer Institute, shall--
(1) complete a study to estimate the dose of all
radionuclides received by the United States population as a
result of exposure to nuclear weapons tests conducted in the
United States;
(2) disaggregate the results of such study by organ, by
radionuclide, and by demographic variables;
(3) submit to Congress a report on the results of such
study; and
(4) make such results available to the public. | Safety for Americans from Nuclear Weapons Testing Act - Deems each of the following actions undertaken by a Federal agency to be a major Federal action significantly affecting the quality of the human environment for which a separate environmental impact statement is required under the National Environmental Policy Act of 1969: (1) the resumption of underground nuclear testing at the Nevada Test Site (Site); or (2) the use of any other location for such testing. Outlines information required to be included in such statement, including: (1) the possibility of radiation containment failure and the effects of such failure; (2) possible long-term effects on the water table from underground radiation leakage; and (3) information with respect to certain kiloton categories of weapons.
Prohibits the United States from resuming any such testing unless authorized by a law enacted after the enactment of this Act.
Requires: (1) advance (seven days) public notice of each test; (2) prompt notice of each release of radiation resulting from a test at the Site; and (3) a study by the National Academy of Sciences on the safety and health of citizens in the vicinity of the Site. Establishes a Nevada Test Site Citizens Review Board to address environmental, health, and safety issues related to nuclear testing at the Site.
Directs the Secretary of Homeland Security to make grants to institutions of higher education to acquire and operate for ten years radiation detection equipment and sensors.
Directs the Secretary of Energy, through the Department of Energy (DOE) and the Environmental Protection Agency, to monitor the nature and extent of any radiation released into the atmosphere as a result of such testing. Requires: (1) DOE radiation containment assessment; and (2) public notice of monitoring data.
Requires the: (1) Director of the National Institutes of Health to make a grant to establish the National Center for the Study of Radiation and Human Health; and (2) Secretary of Health and Human Services to conduct a study of individuals exposed to nuclear weapons tests. | {"src": "billsum_train", "title": "A bill to protect public health and safety in the event that testing of nuclear weapons by the United States is resumed."} | 3,171 | 424 | 0.653375 | 2.197765 | 0.780381 | 4.237975 | 7.491139 | 0.951899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving the Community Services
Block Grant Act of 2005''.
SEC. 2. COMMUNITY SERVICES BLOCK GRANT ACT AMENDMENTS.
(a) Purposes and Goals.--Section 672 of the Community Services
Block Grant Act (42 U.S.C. 9901 note) is amended to read as follows:
``SEC. 672. PURPOSES AND GOALS.
``The purpose of this subtitle is to reduce poverty--
``(1) by strengthening and coordinating local efforts to
expand opportunities for individuals and families to become
economically self-sufficient and to improve and revitalize low-
income communities in urban and rural areas, by providing
resources to States for support of local eligible entities,
including community action agencies and other community-based
organizations--
``(A) to plan, coordinate, and mobilize a broad
range of Federal, State, local, and private assistance
or investment in such a manner as to use these
resources effectively to reduce poverty and in
initiatives that are responsive to specific local needs
and conditions;
``(B) to coordinate a range of services that meet
the needs of low-income families and individuals, that
support strong and healthy families, and that assist
them in developing the skills needed to become self
sustaining while ensuring that these services are
provided effectively and efficiently; and
``(C) to design and implement comprehensive
approaches to assist eligible individuals in gaining
employment and achieving economic self-sufficiency;
``(2) by improving and revitalizing the low-income
communities in urban and rural areas by providing resources to
States for support of local eligible entities and their
partners--
``(A) to broaden the resource base of initiatives
and projects directed to the elimination of poverty and
the redevelopment of the low-income community,
including partnerships with nongovernmental and
governmental institutions to develop the community
assets and services that reduce poverty, such as--
``(i) other private, religious, charitable,
and community-based organizations;
``(ii) individual citizens, and business,
labor, and professional groups, that are able
to influence the quantity and quality of
opportunities and services for the poor; and
``(iii) local government leadership; and
``(B) to coordinate community-wide resources and
services that will have a significant, measurable
impact on the causes of poverty in the community and
that will help families and individuals to achieve
economic self-sufficiency and to test innovative,
community-based approaches to attacking the causes and
effects of poverty and of community breakdown,
including--
``(i) innovative initiatives to prevent and
reverse loss of investment, jobs, public
services, and infrastructure in low- and
moderate-income communities; and
``(ii) innovative partnerships to leverage
the assets and services that reduce poverty, as
provided in subparagraph (A); and
``(3) by ensuring maximum participation of residents of
low-income communities and of members of the groups served by
grants made under this subtitle in guiding the eligible
entities and in their programs funded under this subtitle, to
ameliorate the particular problems and needs of low-income
residents and to develop the permanent social and economic
assets of the low-income community in order to reduce the incidence of
poverty.''.
(b) Definitions.--Section 673(1)(A) of the Community Services Block
Grant Act (42 U.S.C. 9902(1)(A)) is amended--
(1) in clause (i) by striking ``and'' at the end;
(2) in clause (ii) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) that successfully develops and
meets the locally determined goals described in
section 678E(b)(1), as determined by the State,
and meets State goals, standards, and
performance requirements as provided for in
section 678B(a).''.
(c) Authorization of Appropriations.--Section 674 of the Community
Services Block Grant Act (42 U.S.C. 9903) is amended--
(1) in subsection (a)--
(A) by striking ``1999 through 2003'' and inserting
``2006 through 2012''; and
(B) by striking ``681'' and inserting ``675C(b)(3),
681,'';
(2) in subsection (b)(2)--
(A) by striking ``678F'' and inserting ``678E to
assist States, eligible entities, and their partners in
projects supported by this subtitle''; and
(B) in subparagraph (B) by striking ``monitoring
(to correct programmatic deficiencies of eligible
entities)'' and inserting ``monitoring (including
technical assistance and training to correct
programmatic deficiencies of eligible entities)''.
(d) Uses of Funds.--Section 675C of the Community Services Block
Grant Act (42 U.S.C. 9907) is amended--
(1) in subsection (a)(3)(A) by striking ``Beginning on
October 1, 2000, a'' and inserting ``A''; and
(2) in subsection (b)(1)(F) by striking ``neighborhood-
based'' and inserting ``community-based''.
(e) Application and Plan.--Section 676 of the Community Services
Block Grant Act (42 U.S.C. 9908) is amended--
(1) in subsection (b)--
(A) by striking ``Beginning with fiscal year 2000,
to'' and inserting ``To'';
(B) in paragraph (1)--
(i) in subparagraph (B)--
(I) by striking ``youth development
programs that support'' and inserting
``youth development programs, which may
include mentoring programs, that
support''; and
(II) by striking ``and'' at the
end;
(ii) in subparagraph (C) by adding ``and''
at the end; and
(iii) by adding at the end the following:
``(D) initiatives to improve economic conditions
and mobilize new resources in rural areas to eliminate
obstacles to the self-sufficiency of families and
individuals in rural communities;'';
(C) in paragraph (2) by striking ``community and
neighborhood-based'' and inserting ``community-based'';
(D) in paragraph (3)--
(i) in the matter preceding subparagraph
(A) by striking ``information provided by
eligible entities in the State, containing''
and inserting ``an assurance that the State
will provide information, including''; and
(ii) in subparagraph (D) by striking
``community and neighborhood-based'' and
inserting ``community-based'';
(E) in paragraph (9) by striking ``and community
organizations'' and inserting ``and community-based
organizations'';
(F) in paragraph (10) by striking ``community
organization'' and inserting ``community-based
organization'';
(G) in paragraph (12) by striking ``and'' at the
end;
(H) by redesignating paragraph (13) as paragraph
(15); and
(I) by inserting after paragraph (12) the
following:
``(13) an assurance that the State will take swift action
to improve performance or, when appropriate, to terminate the
funding under this subtitle of low-performing eligible entities
that do not meet the applicable locally determined goals
described in section 678E(b)(1) or do not meet the State goals,
standards, and requirements as provided for in section 678B(a);
``(14) an assurance that the State will provide a
justification to the Secretary if it continues to fund
persistently low-performing eligible entities; and'';
(2) in subsection (c)(2) by striking ``plan, or'' and all
that follows through the period at the end, and inserting
``plan, to meet a State requirement, as described in section
678C(a), or to meet the locally determined goals as described
in section 678E(b)(1).''; and
(3) by striking subsection (f).
(f) Training, Technical Assistance, and Other Activities.--Section
678A(a)(1)(A) of the Community Services Block Grant Act (42 U.S.C.
9913(a)(1)(A)) is amended--
(1) by inserting ``dissemination regarding best
practices,'' after ``technical assistance,''; and
(2) by inserting ``(including to assist in the development
of reporting systems and electronic data systems)'' after
``collection activities''.
(g) Monitoring of Eligible Entities.--Section 678B of the Community
Services Block Grant Act (42 U.S.C. 9914) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1) by
inserting ``and the locally determined performance
goals described in section 678E(b)(1)'' after ``a
State''; and
(B) in paragraph (3)--
(i) by inserting ``appropriate'' before
``goals''; and
(ii) by striking ``established by the
State''; and
(2) in the last sentence of subsection (c) by striking
``Chairperson of the Committee on Education'' and all that
follows through ``Human Resources of the Senate'' and inserting
``appropriate congressional committees''.
(h) Corrective Action; Termination and Reduction of Funding.--
Section 678C(a) of the Community Services Block Grant Act (42 U.S.C.
9915(a)) is amended in the matter preceding paragraph (1) by striking
``established by the State''.
(i) Accountability and Reporting Requirements.--Section 678E of the
Community Services Block Grant Act (42 U.S.C. 9917) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A) by striking ``By October 1,
2001, each'' and inserting ``Each''; and
(B) in paragraph (2)--
(i) in the 1st sentence by inserting
``including any activities under section 678C''
before the period at the end;
(ii) by striking the 2d sentence;
(iii) in the 3d sentence by striking
``also''; and
(iv) in the 3d sentence by inserting
``information on the timeliness of the
distribution of block grant funds to eligible
entities as provided in section 675C(a),''
after ``including'';
(2) in subsection (b)--
(A) in paragraph (2) in the matter preceding
subparagraph (A) by striking ``beginning after
September 30, 1999'';
(B) in paragraph (3) by striking ``Committee on
Education'' and all that follows through ``Human
Resources of the Senate'' and inserting ``appropriate
congressional committees'';
(C) by adding at the end the following:
``(5) Coordination of reporting requirements.--To the
maximum extent possible, the Secretary shall coordinate
reporting requirements for all programs of the Department of
Health and Human Services managed by eligible entities so as to
consolidate and reduce the number of reports required about
individuals, families, and uses of grant funds.''; and
(D) by redesignating such subsection as subsection
(c); and
(3) by inserting after subsection (a) the following:
``(b) Local Accountability and Reporting Requirements.--
``(1) Locally determined goals.--In order to be designated
as an eligible entity and to receive a grant under this
subtitle, an eligible entity shall establish locally determined
goals for reducing poverty in the community, including goals
for--
``(A) leveraging and mobilizing community
resources;
``(B) fostering coordination of Federal, State,
local, private, and other assistance; and
``(C) promoting community involvement.
``(2) Demonstration that goals were met.--In order for an
eligible entity to receive a second or subsequent grant made
under this subtitle after the effective date of this paragraph,
such entity shall demonstrate to the State that it has met the
goals described in paragraph (1).''.
(j) Treatment of Beneficiaries.--Section 679 of the Community
Services Block Grant Act (42 U.S.C. 9920) is amended by adding at the
end the following:
``(f) Treatment of Beneficiaries.--In providing assistance under a
program described in subsection (a), a religious organization shall not
discriminate against a beneficiary, or a potential beneficiary, of such
assistance on the basis of religion or of a religious belief.''.
(k) Discretionary Authority of Secretary.--Section 680 of the
Community Services Block Grant Act (42 U.S.C. 9921) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A) by inserting
``(including financial assistance for
construction or substantial rehabilitation of
buildings and facilities, and for loans or
investments in private business enterprises
owned by community development corporations)''
after ``assistance'';
(ii) by redesignating subparagraphs (B),
(C), (D), and (E) as subparagraphs (D), (E),
(F), and (G), respectively; and
(iii) by inserting after subparagraph (A)
the following:
``(B) Federal interest.--The Secretary shall
establish procedures that permit funds provided under a
grant made under this paragraph, or intangible assets
acquired with such funds, to become the sole property
of the grantee before the expiration of the 12-year
period beginning after the fiscal year for which such
grant is made if such grantee agrees to use such funds
or such property for purposes and uses consistent with
the purposes and uses for which such grant is made.
``(C) Replacement activities.--The Secretary shall
establish procedures to allow a grant made under this
paragraph to be used by a grantee to carry out
activities substantially similar to the activities for
which such grant is made if, due to no fault of such
grantee, such grantee cannot carry out the activities
for which such grant is made. Such procedures shall
require that the substantially similar activities serve
the same impact area and have the same goals,
objectives, and outcomes as the activities for which
such grant is made.'';
(B) in paragraph (3)(B) by inserting ``water and
wastewater'' after ``community''; and
(C) in paragraph (4) by striking ``neighborhood-
based'' and inserting ``community-based''; and
(2) in subsection (c) by striking ``Chairperson of the
Committee on Education'' and all that follows through ``Human
Resources of the Senate'' and inserting ``appropriate
congressional committees''.
(l) Community Food and Nutrition Programs.--Section 681 of the
Community Services Block Grant Act (42 U.S.C. 9922) is amended--
(1) in subsection (c) in the matter preceding paragraph (1)
by striking ``Committee on Education'' and all that follows
through ``Human Resources of the Senate'' and inserting
``appropriate congressional committees''; and
(2) in subsection (d) by striking ``1999 through 2003'' and
inserting ``2006 through 2012''.
(m) National or Regional Programs Designed to Provide Instructional
Activities for Low-Income Youth.--Section 682 of the Community Services
Block Grant Act (42 U.S.C. 9923) is amended--
(1) in subsection (b)(5)--
(A) by inserting ``(which may be accomplished
through mentoring)'' after ``youth''; and
(B) by inserting ``to improve academic
achievement'' after ``study practices''; and
(2) in subsection (g) by striking ``1999 through 2003'' and
inserting ``2006 through 2012''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the 1st day of the 1st fiscal year beginning after the date of the
enactment of this Act. | Improving the Community Services Block Grant Act of 2005 - Amends the Community Services Block Grant Act (CSBGA) to reauthorize appropriations and to revise the program.
Requires eligible entities to develop and meet locally determined goals as well as State goals, standards, and performance requirements.
Includes initiatives to improve economic conditions and mobilize new resources in rural areas to eliminate obstacles to the self-sufficiency of families and individuals in rural communities among the activities for which State plans must assure use of CSBGA grant funds.
Requires State plans to include assurances that the State will: (1) take swift action to improve performance, or when appropriate, terminate the funding of low-performing eligible entities that do not meet locally determined goals or State goals, standards and performance requirements; and (2) provide a justification to the Secretary if they continue to fund persistently low-performing eligible entities.
Requires States to: (1) measure performance of local entities with regard to locally determined goals; and (2) provide information on the timeliness of the distribution of block grant funds to eligible entities, and on their availability as timely advance payments for activities approved in local plans.
Requires eligible entities to: (1) develop locally determined goals; and (2) demonstrate to the State that they have met such local goals to continue their eligibility for funding.
Sets forth local grantee accountability and reporting requirements.
Includes water and wastewater facility needs among those to be addressed by rural community development assistance. | {"src": "billsum_train", "title": "To amend the Community Services Block Grant Act to provide for quality improvements."} | 3,667 | 312 | 0.572928 | 1.567523 | 0.899157 | 3.097222 | 11.541667 | 0.868056 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Care for Life
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose; findings.
TITLE I--PREGNANCY AND PARENTING SUPPORT SERVICES
Sec. 101. Pregnancy and parenting support services.
Sec. 102. Incentives for Workplace Solutions Awareness Campaign.
TITLE II--DEPARTMENT OF EDUCATION
Sec. 201. Sense of Congress.
Sec. 202. Fund for the improvement of postsecondary educational
establishments.
SEC. 2. PURPOSE; FINDINGS.
(a) Purpose.--This Act seeks to achieve a consistent standard of
informing newly pregnant women of all services and support that are
available to them and to ensure that such women are not abandoned.
Women at the point of learning about an unplanned pregnancy often ask
themselves what society will to do support them. A myriad of services
and support is available, but often pregnant women, and even providers,
are unaware of such services and support. The purpose of this Act is to
ensure that newly pregnant women are aware of all the services and
support that are available to them and this Act furthers the authority
to make specialized grants in this regard.
(b) Findings.--The Congress finds as follows:
(1) Many women do not know where to turn for available
assistance during pregnancy, childbirth, and child-rearing,
particularly when facing financial, social, emotional, and
other life challenges.
(2) Women who are pregnant and in fear of being abandoned
during pregnancy should have access to available local, State,
and Federal governmental, as well as civil society, pregnancy
and parenting resources.
(3) In a study of how women in the United States face
challenging circumstances during pregnancy that affect a
woman's willingness to carry a child to term, research shows
that of women who do not carry their child to term--
(A) 44 percent are college-aged;
(B) 61 percent have at least one child;
(C) 69 percent are facing economic challenges;
(D) 75 percent feel they cannot afford a child; and
(E) 75 percent say that having a baby would
interfere with work, school, or the ability to care for
other dependents.
(4) When a woman discovers she is pregnant while facing
physical, financial, social, emotional, and other life
challenges, the people around her can help to mitigate anxiety
in the face of uncertainty by providing practical support with
day-to-day needs associated with pregnancy, birth, and
motherhood, particularly in the context of her concerns about--
(A) family, paternity, and community support during
pregnancy and following the birth of a child or
children;
(B) securing opportunities that a woman may
require, including the completion of education that
leads to employment; and
(C) workplaces that accommodate pregnant and
parenting women.
(5) Often pregnant women are unaware of the support that
may be available to them from private and public sources at the
local, State, and national levels.
TITLE I--PREGNANCY AND PARENTING SUPPORT SERVICES
SEC. 101. PREGNANCY AND PARENTING SUPPORT SERVICES.
(a) Sense of Congress.--It is the sense of the Congress that women
who are pregnant and fear being abandoned under difficult life
circumstances, and recipients of care funded through title X of the
Public Health Service Act (42 U.S.C. 300 et seq.), title XX of the
Social Security Act (42 U.S.C. 1397 et seq.), and other Federal, State,
and local health care programs, should be aware of the services
available, during and after pregnancy, that will support them while
carrying their children to live birth as well as supporting women who
are raising their children following birth or giving their children up
for adoption.
(b) Support Services.--Part D of title III of the Public Health
Service Act (42 U.S.C. 254b et seq.) is amended--
(1) by redesignating section 330F as section 330F-1; and
(2) by inserting after section 330E the following:
``SEC. 330F. PREGNANCY AND PARENTING SUPPORT SERVICES.
``(a) Database.--
``(1) In general.--The Secretary shall develop and maintain
a comprehensive, publicly accessible, and user friendly
database, to be known as the Pregnant and Parenting Women's
Care Information Service, to serve as a consolidated source of
information on public and private service providers that
address the concerns of pregnant women through the provision of
pregnancy and parenting support services.
``(2) Information to be included.--The database developed
under paragraph (1) shall include a list, by State and
locality, of qualified providers including, for each listed
provider--
``(A) Web sites and other relevant sources of
information about such provider;
``(B) as applicable and available--
``(i) contact information for such
provider; and
``(ii) the number of years such provider
has provided pregnancy and parenting support
services; and
``(C) information on the services offered by such
provider targeted towards pregnant and parenting women,
including the rating and reviews collected under
subsection (b)(3).
``(b) Input; Information.--In developing and maintaining the
database under subsection (a), the Secretary shall--
``(1) seek the input of--
``(A) qualified providers; and
``(B) relevant State officials;
``(2) identify the complete list of Federal programs that
provide pregnancy and parenting support services; and
``(3) create a process to collect from women ratings and
reviews of qualified providers listed in the database based on
the interactions of such women with such providers.
``(c) Best Practices.--
``(1) Annual review.--The Secretary shall conduct an annual
review of best practices in pregnancy and parenting support
services nationwide.
``(2) Input.--In conducting each annual review under
paragraph (1), the Secretary shall--
``(A) gather input from qualified providers listed
in the database developed under subsection (a) and
experts described in subsection (b)(1), including
experts and providers representing--
``(i) State and local governments;
``(ii) the private sector; and
``(iii) prenatal and parenting care
centers; and
``(B) in gathering such input, encourage such
providers and experts--
``(i) to share information on best
practices described in paragraph (1); and
``(ii) to identify difficulties facing
pregnant and parenting women and to develop
best practices to address such difficulties.
``(d) Toll-Free Number.--The Secretary shall enter into a contract,
through the use of competitive procedures, with an entity to establish
and operate a toll-free number to provide women with referrals for
obtaining pregnancy and parenting support services, including services
to support mental and emotional health.
``(e) Healthy Birth and Healthy Life Grants.--
``(1) In general.--The Secretary may award competitive
grants to providers listed in the database developed under
subsection (a) to develop best practices for communities to
identify optimal ways to provide pregnancy and parenting
support services.
``(2) Supplement not supplant.--The Secretary may award a
grant to a provider under this subsection only if the provider
agrees that the grant will be used to supplement, and not
supplant, pregnancy and parenting support services.
``(f) Prenatal Care Grants to Academic Medical Centers.--The
Secretary may award competitive grants to academic medical centers for
the exclusive purpose of having individuals affiliated with such
academic medical center with expertise in pregnancy and parenting and
accompanying social services, including patient advocates, accomplish
the following activities:
``(1) Deliver specialized training in pregnancy and
parenting support services.
``(2) Develop and implement programs to train individuals
to deliver such specialized training.
``(3) Seek input from women who have experienced pregnancy
to develop best practices for providers serving such women and
advice for other women experiencing pregnancy.
``(g) No Duplication of Effort.--The Secretary shall ensure that
the programs and activities authorized or required by this section are
not duplicated by other programs and activities of the Department of
Health and Human Services.
``(h) Prohibition Against Funding Discriminatory Entities.--
``(1) Rule.--No Federal funds may be made available to a
Federal agency or program, or to a State or local government,
if such agency, program, or government subjects any
institutional or individual 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.
``(2) Definition.--In this subsection, 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.
``(i) Annual Report.--The Secretary shall submit an annual report
to the Congress on the activities carried out under this section, the
funds expended on such activities, and the results achieved through
such activities.
``(j) Definitions.--In this section:
``(1) Pregnancy and parenting support services.--The term
`pregnancy and parenting support services' means services
offered during and after pregnancy to pregnant women and new
parents in order to help such women and such parents alleviate
the physical, financial, social, emotional, and other
difficulties that may be encountered during and after
pregnancy, consisting of the following:
``(A) Material and financial assistance, including
maternity and baby clothing, diapers, baby food
(including formula), baby furniture, and car seats.
``(B) Information for parents with newborn
children, including adopted children, addressing
resources regarding pregnancy and childbirth, infant
feeding, time management, parenting special needs
children, and nutrition during and after pregnancy.
``(C) Referrals for adoption, job training and
placement, housing, personal safety, food stamps, and
other governmental assistance.
``(D) Crisis hotlines, including for violence
prevention, suicide prevention, and survivors of sexual
assault who are pregnant due to such assault.
``(E) Pro bono obstetric and prenatal care services
for women in the carrying of their children to live
birth, including services during pregnancy and
following childbirth, and neonatal care services,
including referrals for such services.
``(F) Pro bono legal services to assist women who
are pregnant and parents with newborn children,
including adopted children.
``(G) Child care services.
``(H) Pursuing collection of child support and
alimony.
``(I) Services to assist parents to care for, and
prepare to care for, a child with Down syndrome or
another prenatally diagnosed condition, and to
facilitate the adoption of such children as
appropriate.
``(J) Life-skills mentoring, including to enhance
the following competencies:
``(i) Strengthening marriage.
``(ii) Communication and conflict
management for building healthy marriages and
families.
``(iii) Decisionmaking and relationship-
building skills prior to marriage.
``(iv) High-risk behavior awareness.
``(K) Services for postpartum depression treatment.
``(2) Qualified provider.--The term `qualified provider'
means a service provider, including a pregnancy support center,
that has been engaged in providing any pregnancy and parenting
supporting services for at least three years.''.
SEC. 102. INCENTIVES FOR WORKPLACE SOLUTIONS AWARENESS CAMPAIGN.
The Secretary of Labor shall recognize and publicize the practices
of employers who successfully meet the needs of their pregnant or
parenting employees, such as through the following policies:
(1) Family-friendly policies, including--
(A) providing child care facilities;
(B) providing family cafeterias and separate
cafeterias for those who prefer not to eat with
families;
(C) family leave policies for small employers not
covered by the Family and Medical Leave Act;
(D) paid family leave policies for employers
covered by such Act;
(E) providing rooms for mothers to breastfeed in
comfort, with refrigerators for the storage of breast
milk; and
(F) allowing telecommuting and flexible work
schedules, including meeting times conducive to
parenting if such meeting times do not harm traditional
full-time employees.
(2) Establishment of a committees to discuss matters
related to employer support for employees who are pregnant or
parenting.
(3) Policies that support pregnant women.
TITLE II--DEPARTMENT OF EDUCATION
SEC. 201. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) women who are pregnant, including parenting students
who fear being abandoned, should be aware of and have access to
available educational resources to support them during
pregnancy, birth, and with child-rearing; and
(2) to address this concern, the Secretary of Education
should--
(A) administer a competitive, accountable grant
program to provide funds to institutions of higher
education for the aggregation and development of
pregnancy and child care best practices and programs
that support pregnant women and mothers with children
who are engaged in childcare while completing
postsecondary education; and
(B) on an annual basis, report to the appropriate
congressional committees on the progress of the
Secretary in implementing the grant program and the
outcomes related to the best practices and programs
carried out under the grant program, including the
geographic distribution of such best practices and
educational programs.
SEC. 202. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATIONAL
ESTABLISHMENTS.
Section 741(a) of the Higher Education Act of 1965 (20 U.S.C.
1138(a)) is amended--
(1) by striking ``and'' at the end of paragraph (12);
(2) by striking the period at the end of paragraph (13) and
inserting ``; and''; and
(3) by adding at the end the following:
``(14) developing an online information toolkit about
agencies that are working within institutions of higher
education to provide services related to pregnancy and child
care, the exclusive purpose of which shall be to provide
information on such services to help pregnant and parenting
students--
``(A) locate and utilize child care services,
family housing, health insurance (for themselves and
their family), flexible academic scheduling (such as
telecommuting programs), parenting classes and
programs, and postpartum counseling and support groups;
``(B) identify scholarships, financial and in-kind
resources, grants, and loans for which such students
may be eligible;
``(C) meet the material needs of mothers and their
children, including such items as maternity and baby
clothing, diapers, baby food, baby furniture, and car
seats;
``(D) access breast pumps at locations designated
for breast feeding within the educational setting to
support breast feeding and pumping; and
``(E) access nutrition programs for pregnant women
and mothers, including the programs under section 17 of
the Child Nutrition Act of 1966 (commonly known as
`WIC') and section 4 of the Food and Nutrition Act of
2008 (commonly known as `SNAP').''. | Care for Life Act This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to develop and maintain the Pregnant and Parenting Women's Care Information Service database. This database must provide pregnant women and new parents with information on public and private service providers that help such women and parents in alleviating the physical, financial, social, and emotional difficulties encountered during or after pregnancy. HHS may award grants to: (1) providers to develop best practices for communities to identify optimal ways to provide pregnancy and parenting support services, and (2) academic medical centers to provide specialized training in pregnancy and parenting support services. The Department of Labor must recognize and publicize the practices of employers who successfully meet the needs of their pregnant or parenting employees. The grant program of the Department of Education to improve postsecondary education opportunities is expanded to include funding for the development of an online information toolkit about agencies that are working within institutions of higher education to provide pregnancy and child care services for students. | {"src": "billsum_train", "title": "Care for Life Act"} | 3,356 | 207 | 0.48971 | 1.505944 | 0.741512 | 4.095 | 16.19 | 0.935 |
SECTION 1. CREDIT FOR COVERAGE UNDER PRIOR GROUP HEALTH PLAN AGAINST
ANY PREEXISTING CONDITION LIMITATION.
(a) In General.--Section 4980B of the Internal Revenue Code of 1986
is amended by redesignating subsection (g) as subsection (i) and by
inserting after subsection (f) the following new subsections:
``(g) Preexisting Condition Limitation Requirements of Group Health
Plans.--
``(1) In general.--A group health plan meets the
requirements of this subsection only if the preexisting
condition limitation period (if any) under the plan with
respect to any individual who commences coverage under the plan
after December 31, 1995, is reduced by the length of the
aggregate period of qualified prior coverage (if any)
applicable to such individual as of the date of such
commencement.
``(2) Preexisting condition limitation period.--For
purposes of paragraph (1), the term `preexisting condition
limitation period' means, with respect to coverage of an
individual under a group health plan, the period during which
benefits with respect to treatment of a condition of such
individual are not provided based on the fact that the
condition was preexisting.
``(3) Aggregate period of qualified prior coverage.--
``(A) In general.--For purposes of paragraph (1),
the term `aggregate period of qualified prior coverage'
means, with respect to commencement of coverage of an
individual under a group health plan, the aggregate of
the qualified coverage periods of such individual
occurring before the date of such commencement. Such
period shall be treated as zero if there is more than a
60-day break in coverage under a group health plan
between the date the most recent qualified coverage
period ends and the date of such commencement.
``(B) Qualified coverage period.--
``(i) In general.--For purposes of this
paragraph, the term `qualified coverage period'
means, with respect to an individual, any
period of coverage of the individual under a
group health plan.
``(ii) Disregarding periods before breaks
in coverage.--Such term does not include any
period occurring before any 60-day break in
coverage under a group health plan.
``(C) Waiting period not treated as a break in
coverage.--For purposes of subparagraphs (A) and (B),
any period that is in a waiting period for any coverage
under a group health plan shall not be considered to be
a break in coverage under a group health plan.
``(D) Inclusion of continuation coverage.--For
purposes of this paragraph, continuation coverage, as
defined in subsection (f)(2), is treated as coverage
under the group health plan to which such continuation
coverage relates.
``(E) Establishment of period.--A qualified
coverage period with respect to an individual shall be
established through presentation of certifications
described in paragraph (4) or in such other manner as
may be specified in regulation.
``(F) Treatment of coverage before january 1,
1996.--In no event shall a qualified coverage period
with respect to an individual include any coverage
before January 1, 1996, unless such coverage is under
the group health plan under which the individual was
covered as of December 31, 1995.
``(4) Certification of period of prior coverage.--The plan
administrator of a group health plan shall, on request made on
behalf of an individual covered (or previously covered) under
the plan, provide for a certification of the period of coverage
of the individual under the plan and of the waiting period (if
any) imposed with respect to the individual for any coverage
under the plan.
``(5) Application to small employer plans.--For purposes of
applying this subsection and so much of this section as relates
to this subsection, subsection (d)(1) shall not apply.
``(h) Nondiscrimination in Eligibility Based on Health Status for
Certain Previously Covered Individuals.--
``(1) In general.--A group health plan meets the
requirements of this subsection only if the plan does not
establish eligibility, continuation, enrollment, or
contribution requirements for a qualified individual based on
factors directly related to the health status, medical
condition, claims experience, receipt of health care, medical
history, disability, or evidence of insurability of the
individual.
``(2) Qualified individual defined.--For purposes of this
subsection, the term `qualified individual' means an individual
who (at the time of determining eligibility, continuation,
enrollment, or contributions with respect to a group health
plan) has an aggregate period of qualified prior coverage (as
defined in subsection (g)(3)(A)) of greater than zero.
``(3) Construction.--Nothing in this subsection shall be
construed as preventing a group health plan from establishing
preexisting condition limitations and restrictions consistent
with subsection (g).''
(b) Notice.--Subsection (f)(6)(A) of section 4980B of such Code is
amended by inserting before the period the following: ``and subsections
(g) and (h)''.
(c) Technical Amendments.--
(1) Subsection (a) of section 4980B of such Code is amended
by striking ``the requirements of'' and all that follows and
inserting ``the requirements of--
``(1) subsection (f) with respect to any qualified
beneficiary,
``(2) subsection (g) with respect to any individual covered
under the group health plan, or
``(3) subsection (h) with respect to any individual.''
(2) Subsection (f) of section 4980B of such Code is further
amended--
(A) in paragraph (2)(B)(i)(III), by striking
``(g)(1)(D)(iii)'' and inserting ``(i)(1)(D)(iii)'',
(B) in paragraph (2)(B)(iv)(II), by striking
``(g)(1)(D)'' and inserting ``(i)(1)(D)'',
(C) in the last sentence of paragraph (3), by
striking ``(g)(1)(D)'' and inserting ``(i)(1)(D)'', and
(D) in paragraph (5)(B), by striking ``(g)(1)'' and
inserting ``(i)(1)''.
(d) Effective Date.-- The amendments made by this section shall
apply to plan years beginning after December 31, 1995. | Amends the Internal Revenue Code, with respect to imposition of the excise tax for failure of group health plans to meet certain requirements, to require any preexisting condition limitation period with respect to an individual who commences coverage after December 31, 1995, to be reduced by the aggregate of the individual's prior periods of coverage under a plan. Treats a period as zero if a break in coverage of greater than 60 days has occurred between the most recent qualified coverage and commencement of the current coverage.
Prohibits, with respect to an individual whose periods of previous coverage are greater than zero, the establishment by a plan of eligibility, continuation, enrollment, or contribution requirements based on factors directly related to health status, medical condition, claims experience, receipt of health care, medical history, disability, or evidence of insurability. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require employer-provided group health plans to credit coverage under a prior group health plan against any preexisting condition limitation."} | 1,436 | 179 | 0.61989 | 1.698735 | 0.724015 | 3.727848 | 8.158228 | 0.892405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Competitiveness and
Infrastructure Modernization Act of 1993''.
SEC. 2. CABLE SERVICE PROVIDED BY TELEPHONE COMPANIES.
(a) General Requirement.-- Section 613(b) of the Communications Act
of 1934 (47 U.S.C. 533(b)) is amended to read as follows:
``(b)(1) Subject to the requirements of part V and other provisions
of this title, any common carrier subject in whole or in part to title
II of this Act may provide video programming directly to subscribers in
its telephone service area either through its own facilities or through
an affiliate owned by, operated by, controlled by, or under common
control with the common carrier.
``(2) Subject to the requirements of part V and other provisions of
this title, any common carrier subject in whole or in part to title II
of this Act may provide channels of communications or pole line conduit
space, or other rental arrangements, to any entity which is directly or
indirectly owned by, operated by, controlled by, or under common
control with such common carrier, if such facilities or arrangements
are to be used for, or in connection with, the provision of video
programming directly to subscribers in the telephone service area to
the common carrier.''.
(b) Provisions for Regulation of Cable Service Provided by
Telephone Companies.--Title VI of the Communications Act of 1934 (47
U.S.C. 521 et seq.) is amended by adding at the end the following new
part:
``Part V--Cable Service Provided by Telephone Companies
``SEC. 651. DEFINITIONS.
``For purposes of this part--
``(1) the term `affiliated video programming' means any
video programming which is (A) owned or controlled by, or under
common control with, a common carrier, and (B) provided by the
common carrier or an affiliate directly to subscribers in its
telephone service area;
``(2) the term `control' means--
``(A) an ownership interest in which an entity has
the right to vote more than 50 percent of the
outstanding common stock or other ownership interest;
or
``(B) actual working control, if no single entity
directly or indirectly has the right to vote more than
50 percent of the outstanding common stock or other
ownership interest;
``(3) the term `basic video dial tone platform' has the
same meaning as established by order of the Commission entitled
`Telephone Company-Cable Television Cross-Ownership Rules,
Sections 63.54-63.58', CC Docket No. 87-266, adopted July 16,
1992; and
``(4) the term `rural area' means a geographic area that
does not include either--
``(A) any incorporated or unincorporated place of
10,000 inhabitants or more, or any part thereof; or
``(B) any territory, incorporated or
unincorporated, included in an urbanized area.
``SEC. 652. SEPARATE VIDEO PROGRAMMING AFFILIATE.
``(a) In General.--Except as provided in subsection (d) of this
section, a common carrier shall not provide video programming directly
to subscribers in its telephone service area unless such video
programming is provided through a video programming affiliate that is
separate from such carrier.
``(b) Books and Marketing.--A video programming affiliate of a
common carrier shall--
``(1) maintain books, records, and accounts separate from
such carrier which identify all transactions with such carrier;
``(2) carry out directly (or through any nonaffiliate or
any other affiliate of such carrier) its own marketing and
sales, except that institutional advertising carried out by
such carrier shall be permitted so long as each party bears its
pro rata share of the costs; and
``(3) not own real or personal property in common with such
carrier.
``(c) Business Transactions With Carrier Subject to Regulation.--
Any contract, agreement, arrangement, joint venture, partnership, or
other manner of conducting business, between a common carrier and its
video programming affiliate, providing for--
``(1) the sale, exchange, or leasing of property between
such affiliate and such carrier;
``(2) the loan of money or other extension of credit
between such affiliate and such carrier or between such
affiliate and a third party directly or indirectly guaranteed
by such carrier;
``(3) the furnishing of goods between such affiliate and
such carrier; or
``(4) the transfer to or use by such affiliate for its
benefit of any assets of such carrier,
shall be pursuant to regulation prescribed by the Commission, shall be
on a fully compensatory and auditable basis, shall be without cost to
the telephone service ratepayers of the carrier, and shall be in
compliance with rules established by the Commission which will be
sufficient to enable the Commission to assess the compliance of any
transaction.
``(d) Waiver.--The Commission may waive any of the requirements of
this section upon the showing of good cause, by a common carrier, video
programming affiliate, or any other person, if the Commission
determines that the public interest, convenience, and necessity will be
served by the waiver. The Commission shall act to approve or disapprove
a waiver application within 120 days after the date it is filed.
``SEC. 653. ESTABLISHMENT OF BASIC VIDEO DIAL TONE PLATFORM.
``Any common carrier which provides video programming directly to
subscribers through a video programming affiliate in its telephone
service area shall establish a basic video dial tone platform. The
Commission, together with the States, shall establish regulations to
prohibit a carrier from discriminating in favor of its video
programming affiliate in providing access to such platform or with
regard to rates, terms, and conditions for access to such platform.
``SEC. 654. PROVISION OF AFFILIATED VIDEO PROGRAMMING.
``(a) Limitation.--A common carrier which provides affiliated video
programming directly to subscribers in its telephone service area
through its video programming affiliate shall make available such
capacity as is requested by unaffiliated video program providers upon
reasonable notice, except that the common carrier shall not be required
to provide more than 75 percent of the equipped capacity of its basic
video dial tone platform to unaffiliated video program providers.
``(b) Evaluation by Commission.--The Commission shall, not later
than 2 years after the date of enactment of this part, evaluate the
effect of subsection (a) on the video programming marketplace and, on
the basis of that evaluation, make recommendations to Congress
concerning appropriate modifications, if any, to subsection (a).
``(c) Broadcast Signal Carriage Excluded.--The carriage of local
broadcast signals pursuant to section 614 shall not constitute the
provision of affiliated video programming for purposes of subsection
(a).
``(d) Waiver.--The Commission may waive or otherwise modify the
applicability of subsection (a) if it determines that video programming
is not available for transport by a common carrier to subscribers in
its telephone service area. The Commission shall act to approve or
disapprove a waiver application within a reasonable period of time.
``(e) Termination.--Subsection (a) shall cease to be effective five
years after the date of enactment of this part.
``SEC. 655. PROHIBITION OF CROSS-SUBSIDIZATION.
``A common carrier shall not engage in any practice that--
``(1) results in the inclusion in rates for telephone
exchange service of any operating expenses, costs, depreciation
charges, capital investments, or other expenses associated with
the provision of video programming by the common carrier or its
video programming affiliate; and
``(2) is prohibited by the Commission or a State.
``SEC. 656. PROHIBITION ON BUYOUTS.
``(a) General Prohibition.--No common carrier which provides
telephone service, nor any entity owned by or under common ownership or
control with such carrier, may purchase or otherwise obtain control
over any cable system which is located within its telephone service
area and is owned by an unaffiliated person.
``(b) Exceptions.--Notwithstanding subsection (a), a common carrier
shall not be prevented from--
``(1) obtaining a noncontrolling interest in such a cable
system through a joint venture or other means; or
``(2) acquiring the use of that part of the transmission
facilities of such a cable system extending from the last
multi-user terminal to the premises of the end user if such use
is reasonably limited in scope and duration.
``(c) Waiver.--
``(1) The Commission may waive the restrictions in
subsection (a) of this section only upon a showing by a carrier
that--
``(A) the facilities of the cable system will be
substantially upgraded through the deployment of modern
technology, including fiber optics;
``(B) the capacity of the cable system and types of
services offered will be expanded;
``(C) the purchase or acquisition of control will
otherwise be in the public interest; and
``(D) the local franchising authority approves of
such waiver.
``(2) The Commission shall act to approve or disapprove a
waiver application within 180 days after the date it is filed.
``SEC. 657. PENALTIES.
``If the Commission finds, after notice and opportunity for a
hearing, including the oral examination and cross-examination of
witnesses, that any common carrier has knowingly and willfully violated
any provision of this part, the Commission shall assess such fines and
penalties as it deems appropriate pursuant to title V of this Act.
``SEC. 658. CUSTOMER PROTECTION.
``(a) Joint Board Required.--The Commission shall, within 30 days
after the date of enactment of this part, convene a Federal-State Joint
Board under the provisions of section 410(c) for the purpose of
establishing the practices, classifications, and regulations as may be
necessary to ensure proper jurisdictional separation and allocation of
the costs of providing broadband services, including affiliated video
programming. The Board shall issue its recommendations to the
Commission within 270 days after the date of enactment of this part.
``(b) Commission Regulations Required.--The Commission, with
respect to interstate switched access service, and the States, with
respect to telephone exchange service and intrastate interexchange
service, shall, within one year after the date of the enactment of this
part, establish such rules and regulations as may be necessary to
implement section 655.
``(c) No Effect on Carrier Regulation Authority.--Nothing in this
section shall be construed to limit or supersede the authority of any
State or the Commission with respect to the allocation of costs
associated with intrastate or interstate communication services.
``SEC. 659. RURAL AREA EXEMPTION.
``The provisions of sections 652, 653, 654, and 656 shall not apply
to video programming provided in a rural area by a common carrier that
provides telephone exchange service in the same area.''. | Communications Competitiveness and Infrastructure Modernization Act of 1993 - Amends the Communications Act of 1934 to allow a common carrier to provide video programming directly to subscribers in its telephone service area through its own facilities or an affiliate. Authorizes the common carrier to provide channels of communications, pole line conduit space, or other rental arrangements to any entity which is directly or indirectly owned, operated, or controlled by it if such facilities or arrangements are to be used for, or in connection with, the provision of video programming directly to subscribers in the telephone service area of the common carrier.
Prohibits a common carrier from providing video programming directly to subscribers in its telephone service area unless the programming is provided through a separate video programming affiliate. Requires business arrangements and transactions between a common carrier and its video programming affiliate to be pursuant to regulations prescribed by the Federal Communications Commission and to be without cost to the telephone service ratepayers of the carrier.
Requires any common carrier which provides video programming directly to subscribers through an affiliate in its telephone service area to establish a basic video dial tone platform. Requires such common carrier to make a maximum of 75 percent of the equipped capacity of its basic video dial tone platform available to unaffiliated video program providers. States that the carriage of local broadcast signals shall not constitute the provisions of affiliated video programming under this Act.
Sets forth prohibitions on: (1) cross-subsidization between telephone service and video programming by common carriers; and (2) common carrier buyouts of cable systems located in the carrier's telephone service area.
Requires the Commission to convene a Federal-State Joint Board to establish practices, classifications, and regulations necessary to ensure proper jurisdictional separation and allocation of the costs of providing broadband services, including affiliated video programming.
Makes provisions of this Act inapplicable to video programming provided in a rural area by a common carrier that provides telephone exchange service in such area. | {"src": "billsum_train", "title": "Communications Competitiveness and Infrastructure Modernization Act of 1993"} | 2,448 | 414 | 0.683114 | 2.004597 | 0.883614 | 5.01626 | 6.184282 | 0.945799 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Tenth Amendment Enforcement
Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in most areas of governmental concern, State
governments possess both the Constitutional authority and the
competence to discern the needs and the desires of the People
and to govern accordingly;
(2) Federal laws and agency regulations, which have
interfered with State powers in areas of State jurisdiction,
should be restricted to powers delegated to the Federal
Government by the Constitution;
(3) the framers of the Constitution intended to bestow upon
the Federal Government only limited authority over the States
and the people;
(4) under the Tenth Amendment to the Constitution, the
powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people; and
(5) the courts, which have in general construed the Tenth
Amendment not to restrain the Federal Government's power to act
in areas of State jurisdiction, should be directed to strictly
construe Federal laws and regulations which interfere with
State powers with a presumption in favor of State authority and
against Federal preemption.
SEC. 3. CONGRESSIONAL DECLARATION.
(a) In General.--On or after January 1, 1997, any statute enacted
by Congress shall include a declaration--
(1) that authority to govern in the area addressed by the
statute is delegated to Congress by the Constitution, including
a citation to the specific Constitutional authority relied
upon;
(2) if the statute interferes with State powers or preempts
any State or local government law, regulation or ordinance,
that Congress specifically finds that the Federal Government is
the better level of government to govern in the area addressed
by the statute; and
(3) if the statute interferes with State powers or preempts
any State or local government law, regulation or ordinance,
that Congress specifically intends to interfere with State
powers or preempt State or local government law, regulation, or
ordinance, and that such preemption is necessary.
(b) Factual Findings.--The Congress shall make specific factual
findings in support of the declarations described in this section.
SEC. 4. POINT OF ORDER.
(a) In General.--It shall not be in order in either the Senate or
House of Representatives to consider any bill, joint resolution, or
amendment that does not include a declaration of Congressional intent
as required under section 3.
(b) Rulemaking.--This section is enacted--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, and as such, it is deemed a part
of the rules of the Senate and House of Representatives, but is
applicable only with respect to the matters described in
section 3 and supersedes other rules of the Senate or House of
Representatives only to the extent that such sections are
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
the Senate or House of Representatives to change such rules at
any time, in the same manner as in the case of any rule of the
Senate or House of Representatives.
SEC. 5. ANNUAL REPORT ON STATUTORY PREEMPTION.
(a) Report.--Within 90 days after each Congress adjourns sine die,
the Congressional Research Service shall prepare and make available to
the public a report on the extent of Federal statutory preemption of
State and local government powers enacted into law during the preceding
Congress or adopted through judicial interpretation of Federal
statutes.
(b) Contents.--The report shall contain--
(1) a cumulative list of the Federal statutes preempting,
in whole or in part, State and local government powers;
(2) a summary of Federal legislation enacted during the
previous Congress preempting, in whole or in part, State and
local government powers;
(3) an overview of recent court cases addressing Federal
preemption issues; and
(4) other information the Director of the Congressional
Research Service determines appropriate.
(c) Transmittal.--Copies of the report shall be sent to the
President and the chairman of the appropriate committees in the Senate
and House of Representatives.
SEC. 6. EXECUTIVE PREEMPTION OF STATE LAW.
(a) In General.--Chapter 5 of title 5, United States Code, is
amended by inserting after section 559 the following new section:
``SEC. 560. PREEMPTION OF STATE LAW.
``(a) No executive department or agency or independent agency shall
construe any statutory authorization to issue regulations as
authorizing preemption of State law or local ordinance by rulemaking or
other agency action unless--
``(1) the statute expressly authorizes issuance of
preemptive regulations; and
``(2) the executive department, agency or independent
agency concludes that the exercise of State power directly
conflicts with the exercise of Federal power under the Federal
statute, such that the State statutes and the Federal rule
promulgated under the Federal statute cannot be reconciled or
consistently stand together.
``(b) Any regulatory preemption of State law shall be narrowly
tailored to achieve the objectives of the statute pursuant to which the
regulations are promulgated and shall explicitly describe the scope of
preemption.
``(c)(1) When an executive department or agency or independent
agency proposes to act through rulemaking or other agency action to
preempt State law, the department or agency shall provide all affected
States notice and an opportunity for meaningful and timely input by
duly elected or appointed State and local government officials or their
designated representatives in the proceedings.
``(2) The notice of proposed rulemaking shall be forwarded to the
Governor, the Attorney General and the presiding officer of each
chamber of the legislature of each State setting forth the extent and
purpose of the preemption.
``(3) In the table of contents of each Federal Register, there
shall be a separate list of preemptive regulations contained within
that Register.
``(4) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to participation in rulemaking or other agency action by duly
elected or appointed State and local government officials or their
designated representatives acting in their official capacities.
``(d) Unless a final executive department or agency or independent
agency rule or regulation contains an explicit provision declaring the
Federal Government's intent to preempt State or local government powers
and an explicit description of the extent and purpose of that
preemption, the rule or regulation shall not be construed to preempt
any State or local government law, ordinance or regulation.
``(e)(1) Each executive department or agency or independent agency
shall review the rules and regulations issued by the department or
agency that preempt, in whole or in part, State or local government
powers. Each executive department or agency or independent agency shall
publish in the Federal Register a plan for such review. Such plan may
be amended by the department or agency at any time by publishing a
revision in the Federal Register.
``(2) The purpose of the review under paragraph (1) shall be to
determine whether and to what extent such rules are to continue without
change, consistent with the stated objectives of the applicable
statutes, or are to be altered or repealed to minimize the effect of
the rules on State or local government powers.
``(3) The plan under paragraph (1) shall provide for the review of
all such department or agency rules and regulations within 10 years
after the date of publication of such rules and regulations as final
rules. For rules and regulations in effect more than 10 years on the
effective date of this section, the plan shall provide for review
within 3 years after such effective date.
``(f) Any Federal rule or regulation promulgated after January 1,
1997, that is promulgated in a manner inconsistent with this section
shall not be binding on any State or local government, and shall not
preempt any State or local government law, ordinance, or regulation.''.
(b) Conforming Amendment.--The table of sections for chapter 5 of
title 5, United States Code, is amended by adding after the item for
section 559 the following:
``560. Preemption of State law.''.
SEC. 7. CONSTRUCTION.
(a) In General.--No statute, or rule promulgated under such
statute, enacted after the date of enactment of this Act, shall be
construed by courts or other adjudicative entities to preempt, in whole
or in part, any State or local government law, ordinance or regulation
unless the statute, or rule promulgated under such statute, contains an
explicit declaration of intent to preempt, or unless there is a direct
conflict between such statute and a State or local government law,
ordinance, or regulation, such that the two cannot be reconciled or
consistently stand together.
(b) Construction in Favor of States and People.--Notwithstanding
any other provisions of law, any ambiguities in this Act, or in any
other law of the United States, shall be construed in favor of
preserving the authority of the States and the people.
(c) Severability.--If any provision of this Act, or the application
thereof to any person or circumstance, is held invalid, the validity of
the remainder of the Act and the application of such provision to other
persons and circumstances shall not be affected thereby.
SEC. 8. APPROPRIATION BY STATE LEGISLATURES.
Any funds received by a State under Federal law shall be subject to
appropriation by the State legislature, consistent with the terms and
conditions required under such applicable provisions of law. | Tenth Amendment Enforcement Act of 1996 - Requires that, on or after January 1, 1997, any statute enacted by the Congress must include specified findings and declarations about the constitutional authority of the Congress in enacting such statute to preempt State and local laws. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations.
Directs the Congressional Research Service to prepare and make publicly available an annual report on the extent of Federal statutory preemption of State and local government powers enacted into law during the preceding Congress or adopted through judicial interpretation of Federal statutes.
Amends Federal law to prohibit any executive department or agency (Federal agency) from construing any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action, unless the statute expressly authorizes issuance of preemptive regulations and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together.
Requires all States to be provided with notice and the opportunity to make meaningful and timely input when a Federal agency proposes preemptive rule making or other agency action.
Prohibits applying the Federal Advisory Committee Act to participation in rulemaking or other agency action by State or local government officials or their designated representatives.
Requires each Federal agency to publish in the Federal Register a plan for review of rules and regulations preempting State or local government powers. Requires the plan to provide for the review of such rules and regulations within ten years after the publication of such rules and regulations as final rules. Requires review, within three years of the effective date of this Act, of rules and regulations in effect more than ten years as of such effective date.
Requires that funds received by a State under Federal law shall be subject to appropriation by the State legislature. | {"src": "billsum_train", "title": "Tenth Amendment Enforcement Act of 1996"} | 2,076 | 446 | 0.577747 | 1.836131 | 0.871 | 4.870027 | 5.204244 | 0.917772 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Holocaust
Accountability in Insurance Measure''.
TITLE I--PROVISIONS APPLICABLE WITH RESPECT TO CERTAIN FOREIGN
INSURANCE COMPANIES
SEC. 101. PROHIBITION.
(a) In General.--Any foreign insurance company listed in subsection
(b) may not conduct any form of business in the United States,
including participating, directly or indirectly, in any aspect of the
payment system within the jurisdiction of the United States (including
any clearing or electronic fund transfer system) or conducting any
business with a United States bank, unless the company discloses to the
Attorney General, in accordance with subsection (c), the name of any
individual with which the company had any financial dealing and which
is on the list of Jewish Holocaust Survivors maintained by the United
States Holocaust Memorial Museum in Washington, D.C., or the list of
individuals who died in the Holocaust maintained by the Yad Veshem of
Jerusalem in its Hall of Names.
(b) Insurance Companies.--The foreign insurance companies referred
to in subsection (a) are as follows:
(1) Assicurazioni Generali S.p.A.
(2) Union Des Assurances de Paris.
(3) Victoria Lebenversicherungs AG.
(4) Winterthur Lebensversicherungs Gesellschaft.
(5) Allianz Lebensversicherungs AG.
(6) Wiener Allianz Versicherungs AG.
(7) Riunione Adriatica di Sicurta.
(8) Vereinte Lebensversicherungs AG.
(9) Basler Lebens-Versicherungs Gesellschaft.
(10) Deutscher Ring Lebensversicherungs AG.
(11) Nordstern Lebensversicherungs AG.
(12) Gerling Konzern Lebensversicherungs AG.
(13) Manheimer Lebensversicherung AG.
(14) Der Anker.
(15) Allgemeine Versicherungs AG.
(16) Zuerich Lebensversicherungs Gesellschaft.
(17) Any other foreign insurance company which was in a
position to have financial dealings with any individual who was
subject to the Holocaust.
(c) Attorney General.--The Attorney General shall designate an
office in the Department of Justice to which disclosures shall be made
in accordance with subsection (a). Such office shall take such action
as may be appropriate to make the disclosures available to the public.
TITLE II--PROVISIONS APPLICABLE TO UNITED STATES BANKING INSTITUTIONS
SEC. 201. LIMITATION ON INSURED DEPOSITORY INSTITUTIONS.
(a) In General.--Section 18 of the Federal Deposit Insurance Act
(12 U.S.C. 1828) is amended by adding at the end the following new
subsection:
``(t) Prohibition on Transactions With Certain Insurance Companies
or Their Affiliates.--
``(1) In general.--No insured depository institution may
accept any deposit from, maintain any deposit on behalf of,
offer or provide payment services to or on behalf of,
participate directly or indirectly in any aspect of the payment
system (including any clearing or electronic fund transfer
system) for or on behalf of, hold any credit balance for, make
any loan or other extension of credit to or for the benefit of,
or engage in any other financial activity or transaction with
or on behalf of any foreign insurance company listed in section
101(b) (including any company the Attorney General determines
is described in paragraph (17) of such section) or any
affiliate of such company during the period beginning 15 days
after the enactment of the Comprehensive Holocaust
Accountability in Insurance Measure and ending on the date on
which the Attorney General provides notice through publication
in the Federal Register that such company has complied with the
disclosure requirements contained in section 101(a) of such
Act.
``(2) Limited exception for affiliates.--
``(A) In general.--If an insured depository
institution is itself an affiliate of a foreign
insurance company described in paragraph (1), paragraph
(1) shall not apply so as to prohibit--
``(i) the payment of dividends on any
shares of stock in such insured depository
institution which are held by the foreign
insurance company or any affiliate of such
company; or
``(ii) the investment of additional capital
in such insured depository institution by the
foreign insurance company or affiliate.
``(B) Regulations.--Any payment or investment
described in subparagraph (A) shall be subject to, and
shall be made in accordance with, such regulations,
including any limitation, as the Attorney General or
the appropriate Federal banking agency may prescribe.''.
SEC. 202. LIMITATION ON UNINSURED BRANCHES, AGENCIES, AND COMMERCIAL
LENDING COMPANY AFFILIATES OF FOREIGN BANKS.
Section 7 of the International Banking Act of 1978 (12 U.S.C. 3105)
is amended by adding at the end the following new subsection:
``(t) Prohibition on Transactions With Certain Insurance Companies
or Their Affiliates.--
``(1) In general.--No branch, agency, or commercial lending
company which is controlled by a foreign bank may accept any
deposit from, maintain any deposit on behalf of, offer or
provide payment services to, participate directly or indirectly
in any aspect of the payment system (including any clearing or
electronic fund transfer system) for or on behalf of, hold any
credit balance for, make any loan or other extension of credit
to or for the benefit of, or engage in any other financial
activity or transaction with or on behalf of any foreign
insurance company listed in section 101(b) (including any
company the Attorney General determines is described in
paragraph (17) of such section) or any affiliate of such
company during the period beginning 15 days after the enactment
of the Comprehensive Holocaust Accountability in Insurance
Measure and ending on the date on which the Attorney General
provides notice through publication in the Federal Register
that such company has complied with the disclosure requirements
contained in section 101(a) of such Act.
``(2) Limited exception for affiliates.--
``(A) In general.--If a branch, agency, or
commercial lending company which is controlled by a
foreign bank is itself an affiliate of a foreign
insurance company described in paragraph (1), paragraph
(1) shall not apply so as to prohibit--
``(i) the payment of dividends on any
shares of stock or a similar investment in such
branch, agency, or company which are held by
the foreign insurance company or any affiliate
of such company; or
``(ii) the investment of additional capital
in branch, agency, or company by the foreign
insurance company or affiliate.
``(B) Regulations.--Any payment or investment
described in subparagraph (A) shall be subject to, and
shall be made in accordance with, such regulations,
including any limitation, as the Attorney General, the
Board, the Comptroller of the Currency, or the Federal
Deposit Insurance Corporation may prescribe.''. | TABLE OF CONTENTS:
Title I: Provisions Applicable with Respect to Certain
Foreign Insurance Companies
Title II: Provisions Applicable to United States Banking
Institutions
Comprehensive Holocaust Accountability in Insurance Measure -
Title I: Provisions Applicable with Respect To Certain Foreign Insurance Companies
- Identifies those foreign insurance companies which, as a prerequisite to conducting any form of business in the United States (or with a U.S. bank), must first disclose to the Attorney General the name of any individual with whom such companies had any financial dealing and who is on the list of Jewish Holocaust Survivors maintained by the United States Holocaust Museum in Washington D.C., or the list of individuals who died in the Holocaust maintained by the Yad Veshem of Jerusalem in its Hall of Names.
Directs the Attorney General to designate an office in the Department of Justice: (1) to which such disclosures shall be made; and (2) which shall make such names public.
Title II: Provisions Applicable To United States Banking Institutions
- Amends the Federal Deposit Insurance Act and the International Banking Act of 1978 to prohibit insured depository institutions and foreign bank-controlled commercial lending companies (with a limited exception for affiliates of foreign insurance companies) from engaging in specified financial transactions with or on behalf of a foreign insurance company listed under title I (including any affiliate) during a specified period until the Attorney General publishes in the Federal Register that such company has complied with the disclosure requirements of this Act. | {"src": "billsum_train", "title": "Comprehensive Holocaust Accountability in Insurance Measure"} | 1,501 | 320 | 0.575742 | 2.14787 | 0.77667 | 4.052083 | 4.746528 | 0.892361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding the Impact of the HUBZone
Program Act of 2017''.
SEC. 2. AMENDMENTS TO HUBZONE DEFINITIONS.
(a) In General.--Section 3(p) of the Small Business Act (15 U.S.C.
632(p)) is amended--
(1) in paragraph (1) by inserting ``designated on a map by
the Administrator that is'' after ``any area'';
(2) in paragraph (4)--
(A) by amending clause (ii) of subparagraph (D) to
read as follows:
``(ii) Limitation.--With respect to a base
closure area that is a census tract or
nonmetropolitan county described in clause (i),
such census tract or nonmetropolitan shall be
treated as a HUBZone for a period beginning on
the date the military installation undergoes
final closure and ending on the date the
Administrator makes a final determination as to
whether or not to implement the applicable
designation described in subparagraph (A) or
(B) in accordance with the results of the
decennial census conducted after the area was
initially designated as a base closure area.'';
(B) by amending subparagraph (E) to read as
follows:
``(E) Qualified disaster area.--
``(i) In general.--Subject to clauses (ii)
and (iii), the term `qualified disaster area'
means any census tract or nonmetropolitan
county located in a major disaster area or an
area in which a catastrophic incident has
occurred if such census tract or
nonmetropolitan county ceased to be qualified
under subparagraph (A) or (B), as applicable,
during the period beginning 5 years before the
date on which the President declared the major
disaster or the catastrophic incident occurred.
``(ii) Duration.--A census tract or
nonmetropolitan county shall be considered to
be a qualified disaster area only for the
period of time ending on the date on which the
Administrator makes a final determination as to
whether or not to implement the applicable
designation described in subparagraph (A) or
(B) in accordance with the results of the
decennial census conducted after the area was
initially designated as a qualified disaster
area and beginning--
``(I) in the case of a major
disaster declared by the President, on
the date the President declared the
major disaster for the area in which
the census tract or nonmetropolitan
county, as applicable, is located; or
``(II) in the case of a
catastrophic incident, on the date on
which the catastrophic incident
occurred in the area in which the
census tract or nonmetropolitan county,
as applicable, is located.
``(iii) Extension.--With respect to a
census tract or nonmetropolitan county that is
a qualified disaster area because it is located
in an area in which a catastrophic incident
occurred, the Administrator may extend the
period described in clause (ii) if the
Administrator determines that the census tract
or nonmetropolitan county has not fully
recovered from the catastrophic incident.
``(iv) Definitions.--In this subparagraph:
``(I) Major disaster area.--The
term `major disaster area' means an
area for which the President has
declared a major disaster under section
401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5170).
``(II) Other definitions.--The
terms `census tract' and
`nonmetropolitan county' have the
meanings given such terms in
subparagraph (D)(iii).''; and
(3) by amending paragraph (5) to read as follows:
``(5) Qualified hubzone small business concern.--The term
`qualified HUBZone small business concern' means a HUBZone
small business concern that has been certified by the
Administrator in accordance with the procedures described in
section 31.''.
(b) Determination of Certain Qualified Areas.--The Administrator of
the Small Business Administration shall make any determination as to
whether or not to implement the applicable designation described in
subparagraph (A) or (B) of section 3(p)(4) of the Small Business Act
(15 U.S.C. 632(p)(4)) immediately after the Census Bureau publicly
releases the first results from the decennial census that occurs after
the date of the enactment of this Act.
(c) Technical Amendments.--Section 3(p)(4)(B) of the Small Business
Act (15 U.S.C. 632(p)(4)(B)) is amended--
(1) in clause (i), by striking ``section 42(d)(5)(C)(ii) of
the Internal Revenue Code of 1986'' and inserting ``section
42(d)(5)(B)(ii) of the Internal Revenue Code of 1986''; and
(2) in clause (ii)(III), by striking ``section
42(d)(5)(C)(iii) of the Internal Revenue Code of 1986'' and
inserting ``section 42(d)(5)(B)(iii) of the Internal Revenue
Code of 1986''.
SEC. 3. REPEAL OF 5-YEAR LIMITATION ON HUBZONE STATUS OF BASE CLOSURE
AREAS.
Section 152(a) of title I of division K of the Consolidated
Appropriations Act, 2005 (15 U.S.C. 632 note) is amended by repealing
paragraph (2).
SEC. 4. AMENDMENTS TO HUBZONE PROGRAM.
(a) Clarifications to Eligibility for HUBZone Program.--Section
31(c) of the Small Business Act (15 U.S.C. 657a(c)) is amended to read
as follows:
``(c) Eligibility Requirements; Enforcement.--
``(1) Certification.--In order to be certified by the
Administrator as a qualified HUBZone small business concern, a
HUBZone small business concern shall submit documentation the
Administrator stating that--
``(A) at the time of certification and at each
examination conducted pursuant to paragraph (4), the
principal office of the concern is located in a HUBZone
and not fewer than 35 percent of its employees reside
in a HUBZone;
``(B) the concern will attempt to maintain the
applicable employment percentage under subparagraph (A)
during the performance of any contract awarded to such
concern on the basis of a preference provided under
subsection (b); and
``(C) the concern will ensure that the requirements
of section 46 are satisfied with respect to any
subcontract entered into by such concern pursuant to a
contract awarded under this section.
``(2) Verification.--In carrying out this section, the
Administrator shall establish procedures relating to--
``(A) the filing, investigation, and disposition by
the Administration of any challenge to the eligibility
of a HUBZone small business concern to receive
assistance under this section (including a challenge,
filed by an interested party, relating to the veracity
of documentation provided to the Administration by such
a concern under paragraph (1)); and
``(B) verification by the Administrator of the
accuracy of any documentation provided to the
Administration by a HUBZone small business concern
under paragraph (1).
``(3) Timing.--The Administrator shall complete the
verification procedures described in paragraph (2) in a
reasonable time, not later than 30 days after the date on which
the Administrator receives sufficient and complete
documentation from a HUBZone small business concern under
paragraph (1).
``(4) Examinations.--The Administrator shall conduct
biennial and random program examinations of qualified HUBZone
small business concerns to ensure that such a concern meets the
requirements of paragraph (1).
``(5) Length of eligibility.--
``(A) In general.--A certification given to a
qualified HUBZone small business concern under
paragraph (1) shall be valid for a period of not more
than 10 years.
``(B) Recertification.--At the end of the period
described in subparagraph (A), a HUBZone small business
concern that meets the requirements of paragraph (1)
may apply to be recertified as a qualified HUBZone
small business concern by the Administrator for a
subsequent period of not more than 10 years.
``(6) Loss of certification.--A HUBZone small business
concern that, based on the results of an examination conducted
pursuant to paragraph (4) no longer meets the requirements of
paragraph (1), shall have 60 days to submit documentation to
the Administrator to be recertified as a qualified HUBZone
small business concern. During the 60-day period, such concern
may not compete for or be awarded a contract under this
section. If such concern fails to meet the requirements of
paragraph (1) by the last day of the 60-day period, such
concern will not be certified as a qualified HUBZone small
business concern.
``(7) Hubzone maps.--The Administrator shall annually
update maps designating HUBZones and the Administrator may
annually designate new HUBZones pursuant to subparagraph (C),
(D), or (E) of section 3(p)(4).
``(8) List of qualified hubzone small business concerns.--
The Administrator shall establish and maintain on the Internet
a list of qualified HUBZone small business concerns that
shall--
``(A) to the extent practicable, include the name,
address, and type of business with respect to such
concern;
``(B) be updated by the Administrator not less than
annually; and
``(C) be provided upon request to any Federal
agency or other entity.
``(9) Provision of data.--Upon the request of the
Administrator, the Secretary of Labor, the Administrator of the
Federal Emergency Management Agency, the Secretary of Housing
and Urban Development, and the Secretary of the Interior (or
the Assistant Secretary for Indian Affairs), shall promptly
provide to the Administrator such information as the
Administrator determines to be necessary to carry out this
subsection.
``(10) Penalties.--In addition to the penalties described
in section 16(d), any small business concern that is determined
by the Administrator to have misrepresented the status of that
concern as a `qualified HUBZone small business concern' for
purposes of this section, shall be subject to liability for
fraud, including section 1001 of title 18, United States Code,
and sections 3729 through 3733 of title 31, United States
Code.''.
(b) Performance Metrics.--Section 31 of the Small Business Act (15
U.S.C. 657a) is amended--
(1) in subsection (a), by inserting ``, including promoting
economic development in economically distressed areas (as
defined in section 7(m)(11)),'' after ``assistance'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Performance Metrics.--
``(1) In general.--Not later than 1 year after enactment of
this Act, the Administrator shall publish performance metrics
designed to measure the success of the HUBZone program
established under this section in meeting the program's
objective of promoting economic development in economically
distressed areas (as defined in section 7(m)(11)).
``(2) Report.--Not later than 90 days after the last date
of each fiscal year, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives a report--
``(A) analyzing the data from the performance
metrics; and
``(B) including the number of HUBZone small
business concerns that lost certification as a
qualified HUBZone small business concern because of the
results of an examination performed under subsection
(c)(4), and the number of those concerns that did not
submit documentation to be recertified under subsection
(c)(5)(B).''.
(c) Authorization of Appropriations.--Section 31(e) of the Small
Business Act (15 U.S.C. 657a), as redesignated by subsection (b), is
amended by striking ``fiscal years 2004 through 2006'' and inserting
``fiscal years 2017 through 2020''.
SEC. 5. CURRENT HUBZONE SMALL BUSINESS CONCERNS.
A HUBZone small business concern that was qualified pursuant to
section 3(p)(5) of the Small Business Act on or before the date of the
enactment of this Act shall be deemed to be a ``qualified HUBZone small
business concern'', as defined in section 3(p)(5) of the Small Business
Act, for a period not to exceed 10 years beginning on the date on which
the concern was first qualified. At the end of such period, the concern
may reapply to be certified as qualified HUBZone small business concern
pursuant to the procedures described in section 31(c) of the Small
Business Act. | Expanding the Impact of the HUBZone Program Act of 2017 This bill amends the Small Business Act to redefine terms relating to the Historically Underutilized Business Zone (HUBZone) program as follows: "HUBZone" as any area designated on a map by the Small Business Administration (SBA) within one or more specified locations, "base closure area" and "qualified disaster area" to repeal the eight-year limitation on HUBZone eligibility, and "qualified HUBZone small business concern" to require SBA certification for up to 10 years. The SBA must determine whether or not to designate a qualified census tract or qualified nonmetropolitan county as a HUBZone immediately after the Census Bureau publicly releases the first results from the decennial census that occurs after enactment of this bill. The bill amends the Consolidated Appropriations Act, 2005 to repeal the five-year limitation on HUBZone status of base closure areas. The SBA must publish performance metrics to measure the success of the HUBZone program in promoting economic development in economically distressed areas. A small business concern that was qualified as a HUBZone small business concern on or before the enactment of this bill shall be deemed a "qualified HUBZone small business concern" for up to 10 years beginning on its first qualification and may reapply for SBA certification at the end of such period. | {"src": "billsum_train", "title": "Expanding the Impact of the HUBZone Program Act of 2017"} | 2,945 | 340 | 0.622225 | 1.932716 | 0.765608 | 3.261224 | 10.404082 | 0.820408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cesar E. Chavez Congressional Gold
Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Cesar E. Chavez was born March 31, 1927, on a small
farm near Yuma, Arizona, and died on April 23, 1993.
(2) Numerous holidays, schools, parks, libraries, and other
structures and events have been named after Cesar E. Chavez, in
the United States and internationally, with many more planned.
(3) Cesar E. Chavez was a recipient of the Martin Luther
King Jr. Peace Prize during his lifetime and was awarded the
Presidential Medal of Freedom on August 8, 1994.
(4) Cesar E. Chavez was the grandson of a Mexican immigrant
and settler and grew up working with migrant farm workers,
picking grapes, melons, beans, and other crops at low wages and
for long hours, during which time he developed a strong work
ethic and respect for the farm workers his father called ``the
children of God''.
(5) At the age of 18, Cesar E. Chavez entered the United
States Navy and served his country with distinction for 2
years.
(6) As early as 1949, Cesar E. Chavez committed himself to
organizing farm workers to campaign for safe and fair working
conditions, reasonable wages, decent housing, and the outlawing
of child labor.
(7) In 1962, Cesar E. Chavez founded the National Farm
Workers Association, predecessor of the United Farm Workers of
America, which brought hope to farm workers that they might one
day realize the basic protections and workers' rights to which
all Americans aspire.
(8) Through his commitment to nonviolence, Cesar E. Chavez
brought dignity and respect to the farm workers who organized
themselves, and became an inspiration and a resource to other
Americans and people engaged in human rights struggles
throughout the world.
(9) Cesar E. Chavez's fasts and strikes gained national
attention and made people aware of the struggle of farm workers
for better pay and safer working conditions.
(10) Cesar E. Chavez was an advocate for nonviolence at a
time when violence penetrated every level of our society; he
used boycotts, pickets, strikes, and fasts to achieve his goals
and went to jail for refusing to stop his boycott against
lettuce growers.
(11) Despite the killings and beatings of many workers,
Chavez never wavered in his commitment to nonviolence.
(12) Cesar E. Chavez and his family also dedicated
themselves to the education of farm workers' children through
migrant schools, and many of these children graduated and
worked as teachers, doctors, or nurses or in other professional
occupations.
(13) The legacy of Cesar E. Chavez includes healthy working
conditions that yield uncontaminated food for America's tables.
(14) Cesar E. Chavez's influence extends far beyond
agriculture and provides inspiration for those working to
better human rights through his example of organizing voter
registration drives in urban and farm areas, initiating
complaints against mistreatment by police and welfare
officials, and empowering workers to seek advancement in
education and politics.
(15) Cesar E. Chavez lived alongside his campesino brothers
and sisters in humble surroundings.
(16) Upon his death in 1993, Cesar E. Chavez was laid to
rest where he lived and worked for 23 years on the grounds of
the headquarters of the United Farm Workers of America, known
as Nuestra Senora de La Paz (Our Lady of Peace), located in the
Tehachapi Mountains at Keene, California.
(17) With faith, discipline, soft-spoken humility, and
amazing inner strength, Cesar E. Chavez led a very courageous
life.
(18) Cesar E. Chavez' words will always ring true in our
country: Si se puede! Yes, we can!
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to the next of kin or
other personal representative of Cesar E. Chavez in recognition of his
service to the Nation.
(b) Design and Striking.--For the purposes of the presentation
referred to in subsection (a), the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall strike a gold medal
with suitable emblems, devices, and inscriptions, to be determined by
the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, and at a price sufficient to cover the costs
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS AS NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code.
SEC. 6. FUNDING.
(a) Authority to Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such an
amount as may be necessary to pay for the costs of the medals
authorized by this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 4 shall be deposited in the United States
Mint Public Enterprise Fund. | Cesar E. Chavez Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the next of kin or other personal representative of Cesar E. Chavez in recognition of his service to the Nation. (Chavez organized farm workers to campaign for safe and fair working conditions, founded the National Farm Workers Association-- predecessor of the United Farm Workers of America-- and was a recipient of the Martin Luther King Jr. Peace Prize and the Presidential Medal of Freedom.) | {"src": "billsum_train", "title": "To award a congressional gold medal on behalf of Cesar E. Chavez in recognition of his service to the Nation."} | 1,222 | 130 | 0.474606 | 1.574862 | 0.598033 | 5.844037 | 10.348624 | 0.963303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stealth Lobbyist Disclosure Act of
2007''.
SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND
ASSOCIATIONS.
(a) In General.--Paragraph (2) of section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602) is amended to read as follows:
``(2) Client.--
``(A) In general.--The term `client' means any
person or entity that employs or retains another person
for financial or other compensation to conduct lobbying
activities on behalf of that person or entity. A person
or entity whose employees act as lobbyists on its own
behalf is both a client and an employer of such
employees.
``(B) Treatment of coalitions and associations.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), in the case of a
coalition or association that employs or
retains other persons to conduct lobbying
activities, each of the individual members of
the coalition or association (and not the
coalition or association) is the client. For
purposes of section 4(a)(3), the preceding
sentence shall not apply, and the coalition or
association shall be treated as the client.
``(ii) Exception for certain tax-exempt
associations.--In case of an association--
``(I) which is described in
paragraph (3) of section 501(c) of the
Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of
such Code, or
``(II) which is described in any
other paragraph of section 501(c) of
the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of
such Code and which has substantial
exempt activities other than lobbying
with respect to the specific issue for
which it engaged the person filing the
registration statement under section 4,
the association (and not its members) shall be
treated as the client.
``(iii) Exception for certain members.--
``(I) In general.--Information on a
member of a coalition or association
need not be included in any
registration under section 4 if the
amount reasonably expected to be
contributed by such member toward the
activities of the coalition or
association of influencing legislation
is less than $1,000 per any quarterly
period.
``(II) Exception.--In any case in
which information on a member of a
coalition or association is not
included in a registration by reason of
subclause (I) and that member
thereafter makes aggregate
contributions of more than $1,000 in
any quarterly period, the date on which
the aggregate of such contributions
first exceeds $1,000 in such period
shall be treated as the date of first
employment or retention to make a
lobbying contact for purposes of
section 4, and the coalition or
association shall amend its
registration under section 4 to include
the information on the member.
``(iv) Look-thru rules.--In the case of a
coalition or association that is treated as a
client under the first sentence of clause (i)--
``(I) such coalition or association
shall be treated as employing or
retaining other persons to conduct
lobbying activities for purposes of
determining whether any individual
member thereof is treated as a client
under clause (i); and
``(II) information on such
coalition or association need not be
included in any registration under
section 4 of the coalition or
association with respect to which it is
treated as a client under clause
(i).''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to--
(A) coalitions and associations listed on
registration statements filed under section 4 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) on or
after the date of the enactment of this Act; and
(B) coalitions and associations for whom any
lobbying contact is made on or after the date of the
enactment of this Act.
(2) Special rule.--In the case of any coalition or
association to which the amendments made by this Act apply by
reason of paragraph (1)(B), the person required by such section
4 to file a registration statement with respect to such
coalition or association shall file a new registration
statement within 30 days after the date of the enactment of
this Act.
SEC. 3. QUARTERLY FILING OF LOBBYING DISCLOSURE REPORTS.
(a) Quarterly Filing Required.--Section 5 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1604) is amended--
(1) in subsection (a)--
(A) by striking ``Semiannual'' and inserting
``Quarterly'';
(B) by striking ``the semiannual period'' and all
that follows through ``July of each year'' and insert
``the quarterly period beginning on the first days of
January, April, July, and October of each year''; and
(C) by striking ``such semiannual period'' and
insert ``such quarterly period''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``semiannual report'' and inserting
``quarterly report'';
(B) in paragraph (2), by striking ``semiannual
filing period'' and inserting ``quarterly period'';
(C) in paragraph (3), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(D) in paragraph (4), by striking ``semiannual
filing period'' and inserting ``quarterly period''.
(b) Conforming Amendments.--
(1) Definition.--Section 3(10) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1602) is amended by striking ``six month
period'' and inserting ``three-month period''.
(2) Registration.--Section 4 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1603) is amended--
(A) in subsection (a)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''; and
(B) in subsection (b)(3)(A), by striking
``semiannual period'' and inserting ``quarterly
period''.
(3) Enforcement.--Section 6 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1605) is amended in paragraph (6) by striking
``semiannual period'' and inserting ``quarterly period''.
(4) Estimates.--Section 15 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1610) is amended--
(A) in subsection (a)(1), by striking ``semiannual
period'' and inserting ``quarterly period''; and
(B) in subsection (b)(1), by striking ``semiannual
period'' and inserting ``quarterly period''.
(5) Dollar amounts.--
(A) Section 4 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1603) is amended--
(i) in subsection (a)(3)(A)(i), by striking
``$5,000'' and inserting ``$2,500'';
(ii) in subsection (a)(3)(A)(ii), by
striking ``$20,000'' and inserting ``$10,000'';
(iii) in subsection (b)(3)(A), by striking
``$10,000'' and inserting ``$5,000''; and
(iv) in subsection (b)(4), by striking
``$10,000'' and inserting ``$5,000''.
(B) Section 5 of the Lobbying Disclosure Act of
1995 (2 U.S.C. 1604) is amended--
(i) in subsection (c)(1), by striking
``$10,000'' and ``$20,000'' and inserting
``$5,000'' and ``$10,000'', respectively; and
(ii) in subsection (c)(2), by striking
``$10,000'' both places such term appears and
inserting ``$5,000''. | Stealth Lobbyist Disclosure Act of 2007 - Amends the Lobbying Disclosure Act of 1995 to redefine the term "client" with respect to coalitions and associations on whose behalf a lobbyist must file a registration.
Provides that, in the case of a coalition or association that employs or retains other persons to conduct lobbying activities, each of the individual members of the coalition or association, and not the coalition or association itself as under current law, is the client for whom a registration must be filed. Exempts from such registration requirement any individual member of a coalition or association if the amount such member is reasonably expected to contribute toward specific legislation-influencing activities of the coalition or association is less than $1,000 per any quarterly period.
Requires quarterly instead of semiannual filing of lobbying disclosures reports. Lowers the dollar thresholds of contributions toward lobbying activities that trigger the requirement to register as a lobbyist. | {"src": "billsum_train", "title": "To amend the Lobbying Disclosure Act of 1995 to require certain coalitions and associations to disclose their lobbying activities, and to require reporting on a quarterly basis."} | 1,882 | 202 | 0.662234 | 1.812612 | 0.816137 | 2.994083 | 9.64497 | 0.87574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Aquatic Animal Health Act
of 2007''.
SEC. 2. OVERSIGHT OF NATIONAL AQUATIC ANIMAL HEALTH PLAN.
(a) Definitions.--In this section:
(1) Advisory committee.--The term ``advisory committee''
means the General Advisory Committee for Oversight of National
Aquatic Animal Health established under subsection (b)(1).
(2) Plan.--The term ``plan'' means the national aquatic
animal health plan developed by the National Aquatic Animal
Health Task Force, composed of representatives of the
Department of Agriculture, the Department of Commerce
(including the National Oceanic and Atmospheric
Administration), and the Department of the Interior (including
the United States Fish and Wildlife Service).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Administrator of the Animal
and Plant Health Inspection Service.
(b) General Advisory Committee for Oversight of National Aquatic
Animal Health.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with
States and the private sector, shall establish an advisory
committee, to be known as the ``General Advisory Committee for
Oversight of National Aquatic Animal Health''.
(2) Membership.--
(A) Composition.--The advisory committee shall--
(i) be composed equally of representatives
of--
(I) State and tribal governments;
and
(II) commercial aquaculture
interests; and
(ii) consist of not more than 20 members,
to be appointed by the Secretary, of whom--
(I) not less than 3 shall be
representatives of Federal departments
or agencies;
(II) not less than 6 shall be
representatives of State or tribal
governments that elect to participate
in the plan under subsection (d);
(III) not less than 6 shall be
representatives of affected commercial
aquaculture interests; and
(IV) not less than 2 shall be
aquatic animal health experts, as
determined by the Secretary.
(B) Nominations.--The Secretary shall publish in
the Federal Register a solicitation for, and may
accept, nominations for members of the advisory
committee from appropriate entities, as determined by
the Secretary.
(c) Recommendations.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the advisory committee shall develop and
submit to the Secretary recommendations regarding--
(A) the establishment and membership of appropriate
expert and representative commissions to efficiently
implement and administer the plan;
(B) disease- and species-specific best management
practices relating to activities carried out under the
plan; and
(C) the establishment and administration of the
indemnification fund under subsection (e).
(2) Factors for consideration.--In developing
recommendations under paragraph (1), the advisory committee
shall take into consideration all emergency aquaculture-related
projects that have been or are being carried out under the plan
as of the date of submission of the recommendations.
(d) Participation by State and Tribal Governments and Private
Sector.--
(1) In general.--Any State or tribal government, and any
entity in the private sector, may elect to participate in the
plan.
(2) Duties.--On election by a State or tribal government or
entity in the private sector to participate in the plan under
paragraph (1), the State or tribal government or entity shall--
(A) submit to the Secretary--
(i) a notification of the election; and
(ii) nominations for members of the
advisory committee, as appropriate; and
(B) as a condition of participation, enter into an
agreement with the Secretary under which the State or
tribal government or entity--
(i) assumes responsibility for a portion of
the non-Federal share of the costs of carrying
out the plan, as described in paragraph (3);
and
(ii) agrees to act in accordance with
applicable disease- and species-specific best
management practices relating to activities
carried out under the plan by the State or
tribal government or entity, as the Secretary
determines to be appropriate.
(3) Non-federal share.--
(A) In general.--Subject to subparagraph (B), the
non-Federal share of the cost of carrying out the
plan--
(i) shall be determined--
(I) by the Secretary, in
consultation with the advisory
committee; and
(II) on a case-by-case basis for
each project carried out under the
plan; and
(ii) may be provided by State and tribal
governments and entities in the private sector
in cash or in-kind.
(B) Deposits into indemnification fund.--The non-
Federal share of amounts in the indemnification fund
under subsection (e) provided by each State or tribal
government or entity in the private sector shall be--
(i) zero with respect to the initial
deposit into the fund; and
(ii) determined on a case-by-case basis for
each project carried out under the plan.
(e) Indemnification Fund.--
(1) Establishment.--The Secretary, in consultation with the
advisory committee, shall establish a fund, to be known as the
``indemnification fund'', consisting of--
(A) such amounts as are initially deposited into
the fund by the Secretary under subsection (g)(1); and
(B) such amounts as are deposited into the fund by
the Secretary, State and tribal governments, and
entities in the private sector for specific activities
under the plan.
(2) Uses.--The Secretary shall use amounts in the
indemnification fund only to compensate aquatic farmers--
(A) the entire inventory of livestock or
agricultural products of which is eradicated as a
result of a disease control or eradication measure
carried out under the plan; or
(B) for the cost of disinfecting and cleaning
products or equipment in response to a depopulation
order carried out under the plan.
(3) Unused amounts.--Amounts remaining in the
indemnification fund on September 30 of the fiscal year for
which the amounts were appropriated--
(A) shall remain in the fund;
(B) may be used in any subsequent fiscal year in
accordance with paragraph (2); and
(C) shall not be reprogrammed by the Secretary for
any other use.
(f) Review.--Not later than 2 years after the date of enactment of
this Act, the Secretary, in consultation with the advisory committee,
shall review, and submit to Congress a report regarding--
(1) activities carried out under the plan during the
preceding 2 years;
(2) activities carried out by the advisory committee; and
(3) recommendations for funding for subsequent fiscal years
to carry out this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2008 and 2009, of which--
(1) not less than 50 percent shall be deposited into the
indemnification fund established under subsection (e) for use
in accordance with that subsection; and
(2) not more than 50 percent shall be used for the costs of
carrying out the plan, including the costs of--
(A) administration of the plan;
(B) implementation of the plan;
(C) training and laboratory testing;
(D) cleaning and disinfection associated with
depopulation orders; and
(E) public education and outreach activities. | National Aquatic Animal Health Act of 2007 - Directs the Secretary of Agriculture to: (1) establish the General Advisory Committee for Oversight of National Aquatic Animal Health which shall make recommendations regarding the national aquatic animal health plan (developed by the National Aquatic Animal Health Task Force); and (2) establish an indemnification fund to compensate aquatic farmers for livestock or agricultural products lost in disease control measures or for related equipment disinfecting costs. | {"src": "billsum_train", "title": "A bill to require the Secretary of Agriculture to establish an advisory committee to develop recommendations regarding the national aquatic animal health plan developed by the National Aquatic Animal Health Task Force, and for other purposes."} | 1,613 | 89 | 0.55211 | 1.349829 | 0.852542 | 3.02439 | 18.646341 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quadrennial Energy Review Act of
2014''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the President's Council of Advisors on Science and
Technology recommends that the United States develop a
Governmentwide Federal energy policy and update the policy
regularly with strategic Quadrennial Energy Reviews similar to
the reviews conducted by the Department of Defense;
(2) as the lead agency in support of energy science and
technology innovation, the Department of Energy has conducted a
Quadrennial Technology Review of the energy technology policies
and programs of the Department;
(3) the Quadrennial Technology Review of the Department of
Energy serves as the basis for coordination with other agencies
and on other programs for which the Department has a key role;
(4) a Quadrennial Energy Review would--
(A) establish integrated, Governmentwide national
energy objectives in the context of economic,
environmental, and security priorities;
(B) coordinate actions across Federal agencies;
(C) identify the resources needed for the
invention, adoption, and diffusion of energy
technologies; and
(D) provide a strong analytical base for Federal
energy policy decisions;
(5) a Quadrennial Energy Review should be established
taking into account estimated Federal budgetary resources;
(6) the development of an energy policy resulting from a
Quadrennial Energy Review would--
(A) enhance the energy security of the United
States;
(B) create jobs; and
(C) mitigate environmental harm; and
(7) while a Quadrennial Energy Review will be a product of
the executive branch, the review will have substantial input
from--
(A) Congress;
(B) the energy industry;
(C) academia;
(D) nongovernmental organizations; and
(E) the public.
SEC. 3. QUADRENNIAL ENERGY REVIEW.
(a) In General.--Section 801 of the Department of Energy
Organization Act (42 U.S.C. 7321) is amended to read as follows:
``SEC. 801. QUADRENNIAL ENERGY REVIEW.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Science and Technology Policy within the
Executive Office of the President.
``(2) Federal laboratory.--
``(A) In general.--The term `Federal Laboratory'
has the meaning given the term `laboratory' in section
12(d) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a(d)).
``(B) Inclusion.--The term `Federal Laboratory'
includes a federally funded research and development
center sponsored by a Federal agency.
``(3) Interagency energy coordination council.--The term
`interagency energy coordination council' means a council
established under subsection (b)(1).
``(4) Quadrennial energy review.--The term `Quadrennial
Energy Review' means a comprehensive multiyear review,
coordinated across Federal agencies, that--
``(A) focuses on energy programs and technologies;
``(B) establishes energy objectives across the
Federal Government; and
``(C) covers each of the areas described in
subsection (d)(2).
``(b) Interagency Energy Coordination Council.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Energy Savings and Industrial
Competitiveness Act of 2013, and every 4 years thereafter, the
President shall establish an interagency energy coordination
council to coordinate the Quadrennial Energy Review.
``(2) Co-chairpersons.--The appropriate senior Federal
Government official designated by the President and the
Director shall be co-chairpersons of the interagency energy
coordination council.
``(3) Membership.--The interagency energy coordination
council shall be comprised of representatives at level I or II
of the Executive Schedule of--
``(A) the Department of Energy;
``(B) the Department of Commerce;
``(C) the Department of Defense;
``(D) the Department of State;
``(E) the Department of the Interior;
``(F) the Department of Agriculture;
``(G) the Department of the Treasury;
``(H) the Department of Transportation;
``(I) the Office of Management and Budget;
``(J) the National Science Foundation;
``(K) the Environmental Protection Agency; and
``(L) such other Federal organizations,
departments, and agencies that the President considers
to be appropriate.
``(c) Conduct of Review.--Each Quadrennial Energy Review shall be
conducted to provide an integrated view of important national energy
objectives and Federal energy policy, including the maximum practicable
alignment of research programs, incentives, regulations, and
partnerships.
``(d) Submission of Quadrennial Energy Review to Congress.--
``(1) In general.--Not later than August 1, 2015, and every
4 years thereafter, the President shall publish and submit to
Congress a report on the Quadrennial Energy Review.
``(2) Inclusions.--The report described in paragraph (1)
should include, as appropriate--
``(A) an integrated view of short-, intermediate-,
and long-term objectives for Federal energy policy in
the context of economic, environmental, and security
priorities;
``(B) anticipated Federal actions (including
programmatic, regulatory, and fiscal actions) and
resource requirements--
``(i) to achieve the objectives described
in subparagraph (A); and
``(ii) to be coordinated across multiple
agencies;
``(C) an analysis of the prospective roles of
parties (including academia, industry, consumers, the
public, and Federal agencies) in achieving the
objectives described in subparagraph (A), including--
``(i) an analysis, by energy use sector,
including--
``(I) commercial and residential
buildings;
``(II) the industrial sector;
``(III) transportation; and
``(IV) electric power;
``(ii) requirements for invention,
adoption, development, and diffusion of energy
technologies that are mapped onto each of the
energy use sectors; and
``(iii) other research that inform
strategies to incentivize desired actions;
``(D) an assessment of policy options to increase
domestic energy supplies and energy efficiency;
``(E) an evaluation of energy storage,
transmission, and distribution requirements, including
requirements for renewable energy;
``(F) an integrated plan for the involvement of the
Federal Laboratories in energy programs;
``(G) portfolio assessments that describe the
optimal deployment of resources, including prioritizing
financial resources for energy programs;
``(H) a mapping of the linkages among basic
research and applied programs, demonstration programs,
and other innovation mechanisms across the Federal
agencies;
``(I) an identification of, and projections for,
demonstration projects, including timeframes,
milestones, sources of funding, and management;
``(J) an identification of public and private
funding needs for various energy technologies, systems,
and infrastructure, including consideration of public-
private partnerships, loans, and loan guarantees;
``(K) an assessment of global competitors and an
identification of programs that can be enhanced with
international cooperation;
``(L) an identification of policy gaps that need to
be filled to accelerate the adoption and diffusion of
energy technologies, including consideration of--
``(i) Federal tax policies; and
``(ii) the role of Federal agencies as
early adopters and purchasers of new energy
technologies;
``(M) a priority list for implementation of
objectives and actions taking into account estimated
Federal budgetary resources;
``(N) an analysis of--
``(i) points of maximum leverage for policy
intervention to achieve outcomes; and
``(ii) areas of energy policy that can be
most effective in meeting national goals for
the energy sector; and
``(O) recommendations for executive branch
organization changes to facilitate the development and
implementation of Federal energy policies.
``(e) Interim Reports.--The President may prepare and publish
interim reports as part of the Quadrennial Energy Review.
``(f) Executive Secretariat.--
``(1) In general.--The Secretary of Energy shall provide
the Quadrennial Energy Review with an Executive Secretariat who
shall make available the necessary analytical, financial, and
administrative support for the conduct of each Quadrennial
Energy Review required under this section.
``(2) Cooperation.--The heads of applicable Federal
agencies shall cooperate with the Secretary and provide such
assistance, information, and resources as the Secretary may
require to assist in carrying out this section.''.
(b) Administration.--Nothing in this Act or an amendment made by
this Act supersedes, modifies, amends, or repeals any provision of
Federal law not expressly superseded, modified, amended, or repealed by
this Act. | Quadrennial Energy Review Act of 2014 - Amends the Department of Energy Organization Act to direct the President to establish an interagency energy coordination council to coordinate the Quadrennial Energy Review to provide an integrated view of national energy objectives and federal energy policy, including maximum practicable alignment of research programs, incentives, regulations, and partnerships. Requires the President to report to Congress on the Quadrennial Energy Review, including an integrated view of short-, intermediate-, and long-term objectives for federal energy policy in the context of economic, environmental, and security priorities. Authorizes the President to prepare and publish interim reports as part of the Quadrennial Energy Review. Directs the Secretary of Energy to provide the Quadrennial Energy Review with an Executive Secretariat who shall make available the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review. | {"src": "billsum_train", "title": "Quadrennial Energy Review Act of 2014"} | 1,958 | 186 | 0.665777 | 1.910331 | 0.889686 | 6.259494 | 11.816456 | 0.968354 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Payoffs-for-Layoffs Corporate
Welfare Elimination Act of 1997''.
SEC. 2. PROHIBITION ON PAYMENTS UNDER DEFENSE CONTRACTS FOR
RESTRUCTURING COSTS OF A DEFENSE CONTRACTOR MERGER OR
ACQUISITION.
(a) Prohibition.--No funds appropriated or otherwise made available
to the Department of Defense may be obligated or expended under section
2324 of title 10, United States Code, for payment of any restructuring
cost associated with a merger or acquisition that is incurred by a
contractor under contract with the Department of Defense.
(b) Applicability.--(1) The prohibition in subsection (a) applies
with respect to any merger or acquisition occurring on or after the
date of the enactment of this Act.
(2) In the case of a merger or acquisition that occurred before the
date of the enactment of this Act, funds appropriated or otherwise made
available to the Department of Defense may be used to process or pay a
claim for restructuring costs associated with the merger or acquisition
only if the relevant contract or advance agreement specifies that
payment for such costs may be made under the contract or agreement
using funds appropriated or otherwise made available to the Department
of Defense.
(c) Conforming Repeal.--Subsection (a) of section 818 of the
National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 10 U.S.C. 2324 note) is repealed.
(d) Reports by Secretary of Defense.--Subsection (e) of such
section is amended--
(1) in the matter preceding paragraph (1), by striking out
``and 1997'' and inserting in lieu thereof ``1997, 1998, 1999,
and 2000''; and
(2) by adding at the end of paragraph (3) the following:
``(F) An analysis of the dollar amount of any
windfalls achieved by the combining defense contractors
which results from the reduction of overhead on fixed-
price type contracts from the Department of Defense
that existed before the business combination.
``(G) A list of each major weapons system purchased
by the Department of Defense since July 21, 1993, for
which actual prices have actually been reduced that are
attributable to the contractors' restructuring efforts.
``(H) The total number of pending restructuring
proposals submitted to the Department of Defense as of
the date of the report and the total dollar amount of
the requests for restructuring costs contained in those
proposals.''.
(e) Comptroller General Report.--Subsection (g)(3) of such section
is amended by adding at the end the following: ``The report shall
include an estimate and detailed description of the net effect on the
Federal budget of reimbursing defense contractors for their merger-
related restructuring costs, including the following:
``(A) The payment by the Department of Defense of
restructuring costs resulting from business combinations of
defense contractors.
``(B) The reduction of Federal tax revenues from
unemployment resulting from business combinations of defense
contractors who have been reimbursed for their merger-related
restructuring costs.
``(C) The increase in Federal expenditures in other Federal
adjustment programs from unemployment resulting from business
combinations of defense contractors who have been reimbursed
for their merger-related restructuring costs, including food
stamps, housing and energy assistance, and any other programs
the Comptroller General determines that unemployed persons are
likely to use at a rate higher than employed persons.
``(D) The increase in Federal grants of cash and in-kind
assistance to States and local communities that have
experienced significant layoffs or facility relocation (or
both) resulting from the business combination, that are
attributable to losses in the State and local tax base and
increased the use of State and local government services
similar to those described in subparagraph (C).
``(E) The effect of reduced competition resulting from
business combinations on the prices the Department of Defense
pays for military equipment and services.''.
(f) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(h) Definitions.--For purposes of this section:
``(1) The term `windfall' means the savings, either
actually realized or anticipated, by the combining defense
contractors as a result of reducing overhead through merger-
related restructuring which are foregone by the Government
because certain defense contracts are fixed-price type
contracts that existed before the business combination and
cannot be adjusted to reflect the contractor's reduced
overhead.
``(2) The term `significant layoffs' means a situation in
which the number of layoffs exceed 500 full-time equivalent
employees or in which one of the combining defense contractors
previously represented the fifth largest employer or greater in
the relevant State or local community.''. | Payoffs-for-Layoffs Corporate Welfare Elimination Act of 1997 - Prohibits any funds appropriated or otherwise made available to the Department of Defense (DOD) from being obligated or expended for payment of any restructuring cost associated with a merger or acquisition incurred by a DOD contractor.
Provides for the handling of contractor claims for such costs with respect to a merger or acquisition occurring before the enactment of this Act.
Amends the National Defense Authorization Act for Fiscal Year 1995 to: (1) repeal a provision made inconsistent by this Act; (2) extend through FY 2000 a requirement of a report from the Secretary of Defense to the Congress concerning DOD savings achieved under a corporate restructuring; (3) require in such report certain additional information concerning DOD's past experience with contractors for which DOD agreed to allow such costs; and (4) require a current report from the Comptroller General to the Congress to include an estimate and description of the net effect on the Federal budget of reimbursing defense contractors for such costs. | {"src": "billsum_train", "title": "Payoffs-for-Layoffs Corporate Welfare Elimination Act of 1997"} | 1,059 | 230 | 0.659858 | 2.027236 | 0.825185 | 3.082051 | 5.046154 | 0.835897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thoroughly Investigating Retaliation
Against Whistleblowers Act''.
SEC. 2. REAUTHORIZATION OF THE OFFICE OF SPECIAL COUNSEL.
(a) In General.--Section 8(a)(2) of the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note) is amended to read as follows:
``(2) $24,119,000 for fiscal year 2016 and $25,735,000 for
each of fiscal years 2017, 2018, 2019, and 2020 to carry out
subchapter II of chapter 12 of title 5, United States Code (as
amended by this Act).''.
(b) Effective Date.--The amendment made by subsection (a) shall be
deemed to apply beginning on October 1, 2015.
SEC. 3. ACCESS TO AGENCY INFORMATION.
Section 1212(b) of title 5, United States Code, is amended by
adding at the end the following:
``(5)(A) In carrying out this subchapter, the Special Counsel is
authorized to--
``(i) have access to any record or other information
(including a report, audit, review, document, recommendation,
or other material) of any agency under the jurisdiction of the
Office of Special Counsel, consistent with the requirements of
subparagraph (C); and
``(ii) require any employee of such an agency to provide to
the Office any record or other information during an
investigation, review, or inquiry of any agency under the
jurisdiction of the Office.
``(B) With respect to any record or other information made
available by an agency under this subchapter, the Office shall apply a
level of confidentiality to such record or information at the level of
confidentiality applied to the record by the agency.
``(C) With respect to any record or other information described
under subparagraph (A), the Attorney General or an Inspector General
may withhold access to any such record or other information if the
disclosure could reasonably be expected to interfere with an ongoing
criminal investigation or prosecution, but only if the Attorney General
or applicable agency head submits a written report to the Office of
Special Counsel describing the record or other information withheld and
the reason for the withholding.''.
SEC. 4. WHISTLEBLOWER PROVISIONS.
Section 1213 of title 5, United States Code, is amended--
(1) in subsection (b), by striking ``15 days'' and
inserting ``45 days'';
(2) in subsection (d)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5)--
(i) in the matter before subparagraph (A),
by striking ``such as'' and inserting
``including''; and
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) if any disclosure referred to an agency head under
subsection (c) is substantiated in whole or in part by the
agency head, a detailed explanation of the failure to take any
action described under paragraph (5).''; and
(3) in subsection (e), by adding at the end the following:
``(5) If an agency head submits a report to the Special Counsel
under subsection (d) that includes a description of any agency action
proposed to be taken as a result of the investigation, the agency head
shall, not later than 180 days after the date of such submission,
submit a supplemental report to the Special Counsel stating whether any
proposed action has been taken, and if the action has not been taken,
the reason why it has not been taken.''.
SEC. 5. TERMINATION OF CERTAIN OSC INVESTIGATIONS.
(a) In General.--Section 1214(a) of title 5, United States Code, is
amended by adding at the end the following:
``(6)(A) Within 30 days of receiving an allegation from a person
under paragraph (1), the Special Counsel may terminate an investigation
under such paragraph with respect to the allegation, without further
inquiry or an opportunity for the person to respond, if the Special
Counsel determines that--
``(i) the same allegation, based on the same set of facts
and circumstances--
``(I) had previously been made by the person and
previously investigated by the Special Counsel; or
``(II) had previously been filed by the person with
the Merit Systems Protection Board;
``(ii) the Office of Special Counsel does not have
jurisdiction to investigate the allegation; or
``(iii) the person knew or should have known of the alleged
prohibited personnel practice earlier than the date that is 3
years before the date Special Counsel received the allegation.
``(B) If the Special Counsel terminates an investigation under
subparagraph (A), not later than 30 days after the date of such
termination the Special Counsel shall provide a written notification
stating the basis for the termination to the person who made the
allegation. Paragraph (1)(D) shall not apply to any termination under
such subparagraph.''.
(b) Conforming Amendments.--Section 1214 of title 5, United States
Code, is amended--
(1) in subsection (a)(1)(A), by striking ``The Special
Counsel'' and inserting ``Except as provided in paragraph (6),
the Special Counsel''; and
(2) in subsection (a)(1)(C), in the matter before clause
(i), by inserting ``or paragraph (6)'' after ``paragraph (2)''.
SEC. 6. REPORTING REQUIREMENTS.
(a) OSC Annual Report to Congress.--Section 1218 of title 5, United
States Code, is amended to read as follows:
``Sec. 1218. Annual report
``(a) The Special Counsel shall submit an annual report to Congress
on the activities of the Special Counsel. Any such report shall
include--
``(1) the number, types, and disposition of allegations of
prohibited personnel practices filed with the Special Counsel,
and the cost of allegations so disposed of;
``(2) the number of investigations conducted by the Special
Counsel;
``(3) the number of stays or disciplinary actions
negotiated by the Special Counsel with agencies;
``(4) the number of cases in which the Special Counsel did
not make a determination whether there are reasonable grounds
to believe that a prohibited personnel practice has occurred,
exists, or is to be taken within the 240-day period specified
in section 1214(b)(2)(A)(i);
``(5) a description of the recommendations and reports made
by the Special Counsel to other agencies pursuant to this
subchapter, and the actions taken by the agencies as a result
of the reports or recommendations;
``(6) the number of--
``(A) actions initiated before the Merit Systems
Protection Board, including the number of corrective
action petitions and disciplinary action complaints so
initiated; and
``(B) stays and stay extensions obtained from the
Board; and
``(7) the number of prohibited personnel practice
complaints that result in--
``(A) a favorable action for the complainant,
categorized by actions with respect to whistleblower
reprisal cases and all other cases; and
``(B) a favorable outcome for the complainant,
categorized by outcomes with respect to whistleblower
reprisal cases and all other cases.
``(b) The report required by subsection (a) shall include whatever
recommendations for legislation or other action by Congress the Special
Counsel may consider appropriate.''.
(b) OSC Public Information.--Section 1219(a)(1) of title 5, United
States Code, is amended to read as follows:
``(1) a list of any noncriminal matter referred to an
agency head under section 1213(c), together with--
``(A) the applicable transmittal of the matter to
the agency head under section 1213(c)(1);
``(B) any report from agency head under section
1213(c)(1)(B) relating to such matter;
``(C) if appropriate, not otherwise prohibited by
law, and with the consent of the complainant, any
comments from the complainant under section 1213(e)(1)
relating to the matter; and
``(D) the Special Counsel's comments or
recommendations under section 1213(e)(3) or (4)
relating to the matter;''.
SEC. 7. ESTABLISHMENT OF SURVEY PILOT PROGRAM.
(a) In General.--The Office of Special Counsel shall design and
establish a survey pilot program under which the Office shall conduct,
with respect to fiscal years 2017 and 2018, a survey of individuals who
have filed a complaint or disclosure with the Office. The survey shall
be designed to gather responses from the individuals for the purpose of
collecting information and improving customer service at various stages
of the review or investigative process. The results of the survey shall
be published in the annual report of the Office.
(b) Suspension of Other Surveys.--During fiscal years 2017 and
2018, section 13 of Public Law 103-424 shall have no force or effect.
SEC. 8. PENALTIES UNDER THE HATCH ACT.
(a) In General.--Section 7326 of title 5, United States Code, is
amended to read as follows:
``Sec. 7326. Penalties
``An employee or individual who violates section 7323 or 7324 shall
be subject to--
``(1) disciplinary action consisting of removal, reduction
in grade, debarment from Federal employment for a period not to
exceed 5 years, suspension, or reprimand;
``(2) an assessment of a civil penalty not to exceed
$1,000; or
``(3) any combination of the penalties described in
paragraph (1) or (2).''.
(b) Application.--The amendment made by subsection (a) shall apply
to any violation of section 7323 or 7324 of title 5, United States
Code, occurring after the date of enactment of this Act.
SEC. 9. REGULATIONS.
Not later than 2 years after the date of enactment of this Act, the
Special Counsel shall prescribe such regulations as may be necessary to
perform the functions of the Special Counsel under subchapter II of
chapter 12 of title 5, United States Code, including regulations
necessary to carry out sections 1213, 1214, and 1215 of such title, and
any functions required due to the amendments made by this Act. Such
regulations shall be published in the Federal Register.
Passed the House of Representatives June 21, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Thoroughly Investigating Retaliation Against Whistleblowers Act (Sec. 2) This bill amends the Whistleblower Protection Act of 1989 to reauthorize through FY2020 the Office of Special Counsel (OSC), an independent federal investigative and prosecutorial agency led by an official appointed by the President to protect federal employees, former employees, and applicants for employment from prohibited personnel practices. (Sec. 3) The OSC shall have access to any record or other information of any agency under its jurisdiction. The Department of Justice (DOJ) or an inspector general may withhold access to information if the disclosure could interfere with an ongoing criminal investigation or prosecution, but only if DOJ or the agency head submits a report to the OSC describing the records withheld and the reasons for the withholding. (Sec. 4) The bill: (1) extends from 15 to 45 days the period for the OSC to review a disclosed prohibited practice; (2) requires an agency to provide a detailed explanation of any failure to take action to address information about a prohibited practice transmitted to it by the OSC; and (3) requires an agency that reports agency action proposed as a result of its investigation of such information to submit a supplemental report within 180 days on whether such proposed action has been taken and, if not, why not. (Sec. 5) The OSC may terminate an investigation if: (1) it involves an allegation that has been previously made by the same person, (2) the OSC does not have jurisdiction to investigate such allegation, or (3) the person should have known of the alleged prohibited personnel practice earlier than three years before the OSC received the allegation. (Sec. 6) The bill expands the OSC's annual reporting requirements to include: (1) the cost of allegations disposed of by the OSC; (2) the number of stays or disciplinary actions that the OSC negotiates with agencies; (3) the number of corrective action petitions and disciplinary action complaints initiated before, and stays obtained from, the Merit Systems Protection Board; and (4) the number of prohibited personnel practice complaints that result in a favorable action or outcome for the complainant. The OSC must include in its publicly disclosed list of noncriminal matters referred to agencies: (1) any comments from the complainant, provided that the availability to the public is appropriate, not prohibited by law, and consented to by the complainant; and (2) the OSC's comments or recommendations. (Sec. 7) The OSC shall design and establish a pilot program in FY2017-FY2018 to survey individuals who have filed a complaint or disclosure with the OSC. The responses shall be used to improve customer service at various stages of the review or investigative process. (Sec. 8) Penalties for violations of Hatch Act prohibitions against engaging in political activities may include a combination of the disciplinary actions and the civil penalty prescribed under current law. (Sec. 9) The OSC must prescribe and publish in the Federal Register any regulations necessary for the OSC to perform functions required by amendments made by this bill. | {"src": "billsum_train", "title": "Thoroughly Investigating Retaliation Against Whistleblowers Act"} | 2,373 | 681 | 0.51236 | 1.805743 | 0.698064 | 2.605753 | 3.736041 | 0.896785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus-Based Underage Alcohol Use
Reduction Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Drinking alcohol under the age of 21 is illegal in each
of the 50 States and the District of Columbia. Enforcement of
current laws and regulations in States and communities, such as
minimum age drinking laws, zero tolerance laws, and laws and
regulations which restrict availability of alcohol, must
supplement other efforts to reduce underage drinking.
(2) Data collected by the Department of Health and Human
Services and the Department of Transportation indicate that
alcohol use by youth has many negative consequences, such as
immediate risk from acute impairment; traffic fatalities;
violence; suicide; and unprotected sex.
(3) A significant percentage of the total alcohol
consumption in the United States each year is by underage
youth. The Substance Abuse and Mental Health Services
Administration reports that the percentage is over 11 percent.
(4) College and university presidents have cited alcohol
abuse as the number one health problem on college and
university campuses.
(5) According to the National Institute on Alcohol Abuse
and Alcoholism, two of five college students are binge
drinkers; 1,400 college students die each year from alcohol-
related injuries, a majority of which involve motor vehicle
crashes; more than 70,000 students are victims of alcohol-
related sexual assault; and 500,000 students are injured under
the influence of alcohol each year.
(6) Research shows that school-based and community-based
interventions can reduce underage drinking and associated
problems, and that positive outcomes can be achieved by
combining environmental and institutional change with theory-
based health education--a comprehensive, community-based
approach.
SEC. 3. GRANTS DIRECTED AT REDUCING HIGHER-EDUCATION ALCOHOL ABUSE.
(a) Authorization of Program.--The Secretary shall award grants to
eligible entities to enable the entities to reduce the rate of underage
alcohol use and binge drinking among students at institutions of higher
education.
(b) Applications.--An eligible entity that desires to receive a
grant under this Act shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information as the
Secretary may require. Each application shall include--
(1) a description of how the eligible entity will work to
enhance an existing, or where none exists to build a, statewide
coalition;
(2) a description of how the eligible entity will target
underage students in the State;
(3) a description of how the eligible entity intends to
ensure that the statewide coalition is actually implementing
the purpose of this Act and moving toward indicators described
in section (d);
(4) a list of the members of the statewide coalition or
interested parties involved in the work of the eligible entity;
(5) a description of how the eligible entity intends to
work with State agencies on substance abuse prevention and
education;
(6) the anticipated impact of funds provided under this Act
in reducing the rates of underage alcohol use;
(7) outreach strategies, including ways in which the
eligible entity proposes to--
(A) reach out to students;
(B) promote the purpose of this Act;
(C) address the range of needs of the students and
the surrounding communities; and
(D) address community norms for underage students
regarding alcohol use; and
(8) such additional information as required by the
Secretary.
(c) Uses of Funds.--Each eligible entity that receives a grant
under this section shall use the grant funds to carry out the
activities described in such entity's application submitted pursuant to
subsection (b).
(d) Accountability.--On the date on which the Secretary first
publishes a notice in the Federal Register soliciting applications for
grants under this section, the Secretary shall include in the notice
achievement indicators for the program authorized under this section.
The achievement indicators shall be designed--
(1) to measure the impact that the statewide coalitions
assisted under this Act are having on the institutions of
higher education and the surrounding communities, including
changes in the number of alcohol incidents of any kind
(including violations, physical assaults, sexual assaults,
reports of intimidation, disruptions of school functions,
disruptions of student studies, mental health referrals,
illnesses, or deaths);
(2) to measure the quality and accessibility of the
programs or information offered by the statewide coalitions;
and
(3) to provide such other measures of program impact as the
Secretary determines appropriate.
(e) Supplement Not Supplant.--Grant funds provided under this Act
shall be used to supplement, and not supplant, Federal and non-Federal
funds available for carrying out the activities described in this
section.
(f) Definitions.--For purposes of this section:
(1) Eligible entity.--The term ``eligible entity'' means a
State, institution of higher education, or nonprofit entity.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(5) Statewide coalition.--The term ``statewide coalition''
means a coalition that--
(A) includes--
(i) institutions of higher education within
a State; and
(ii) a nonprofit group, a community
underage drinking prevention coalition, or
another substance abuse prevention group within
a State; and
(B) works toward lowering the alcohol abuse rate by
targeting underage students at institutions of higher
education throughout the State and in the surrounding
communities.
(6) Surrounding community.--The term ``surrounding
community'' means the community--
(A) that surrounds an institution of higher
education participating in a statewide coalition;
(B) where the students from the institution of
higher education take part in the community; and
(C) where students from the institution of higher
education live in off-campus housing.
(g) Administrative Expenses.--Not more than 5 percent of a grant
under this section may be expended for administrative expenses.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2006,
and such sums as may be necessary for each of the fiscal years 2007
through 2010. | Campus-Based Underage Alcohol Use Reduction Act - Directs the Secretary of Education to award grants to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education (IHEs).
Makes states, IHEs, or nonprofit entities eligible for such grants. Requires grantees to: (1) enhance or build a statewide coalition; (2) target underage students in the state; (3) ensure statewide coalition movement toward program achievement indicators; (4) work with state agencies on substance abuse prevention and education; and (5) engage in outreach. | {"src": "billsum_train", "title": "A bill to award grants to eligible entities to enable the entities to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education."} | 1,417 | 125 | 0.581431 | 1.567844 | 0.655504 | 3.891892 | 12.144144 | 0.936937 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring the Passengers and Crew of
United Flight 93 Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) on September 11, 2001, terrorists hijacked 4 separate
airliners with the intention of using the planes as weapons to
kill innocent Americans and destroy American landmarks and
institutions;
(2) at 8:44 am, United Airlines Flight 93 took off from
Newark, New Jersey, destined for San Francisco, California, and
was hijacked by 4 terrorists shortly after take off;
(3) it is widely presumed that the terrorists who took
control of United Airlines Flight 93 intended to use the
aircraft as a weapon and crash it into the United States
Capitol Building in Washington, D.C.;
(4) in cellular phone conversations with their loved ones,
several passengers learned that 3 hijacked aircraft were used
as weapons against the World Trade Center and the Pentagon;
(5) the passengers and crew of United Airlines Flight 93
recognized the potential danger and indicated their intent to
take heroic and noble action to ensure that the aircraft they
were aboard could not be used as a weapon;
(6) it is believed that in an act of selfless courage and
supreme sacrifice, the crew and passengers of United Airlines
Flight 93 fought to recapture the aircraft from the terrorists;
and
(7) United Airlines Flight 93 crashed in a sparsely
populated area near Shanksville, Pennsylvania, at 10:10 a.m.,
September 11, 2001, undoubtedly saving countless lives in the
Nation's Capital.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--
(1) In general.--The President is authorized, on behalf of
the Congress, to award posthumously a gold medal of appropriate
design to each of--
(A) the United Airlines Flight 93 crew members--
(i) Lorraine G. Bay;
(ii) Sandra W. Bradshaw;
(iii) Jason Dahl;
(iv) Wanda A. Green;
(v) LeRoy Homer;
(vi) CeeCee Lyles; and
(vii) Deborah A. Welsh; and
(B) the United Airlines Flight 93 passengers--
(i) Christian Adams;
(ii) Todd Beamer;
(iii) Alan Beaven;
(iv) Mark Bingham;
(v) Deora Bodley;
(vi) Marion Britton;
(vii) Thomas E. Burnett, Jr.;
(viii) William Cashman;
(ix) Georgine Rose Corrigan;
(x) Joseph Deluca;
(xi) Patrick Driscoll;
(xii) Edward Felt;
(xiii) Colleen Fraser;
(xiv) Andrew Garcia;
(xv) Jeremy Glick;
(xvi) Kristin Gould;
(xvii) Lauren Grandcolas;
(xviii) Donald F. Greene;
(xix) Linda Gronlund;
(xx) Richard Guadagno;
(xxi) Toshiya Kuge;
(xxii) Hilda Marcin;
(xxiii) Waleska Martinez;
(xxiv) Nicole Miller;
(xxv) Louis J. Nacke;
(xxvi) Donald Peterson;
(xxvii) Mark Rothenberg;
(xxviii) Christine Snyder;
(xxix) John Talignani;
(xxx) Honor Elizabeth Wainio; and
(xxxi) 3 additional heroes whose families
have requested that their names be withheld.
(2) Modalities.--The modalities of presentation of the
medals struck under this Act shall be determined by the
President, after consultation with the Speaker of the House of
Representatives, the Majority Leader and the Minority Leader of
the Senate, and the Minority Leader of the House of
Representatives.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike gold
medals with suitable emblems, devices, and inscriptions, to be
determined by the Secretary.
SEC. 4. STATUS AS NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the
Treasury such sums as may be necessary to carry out this Act. | Honoring the Passengers and Crew of United Flight 93 Act - Authorizes the President to award posthumously the Congressional Gold Medal to the passengers and crew of United Airlines flight 93 which was hijacked and crashed as part of the terrorist attack on the United States on September 11, 2001. | {"src": "billsum_train", "title": "To authorize the President to award posthumously the Congressional Gold Medal to the passengers and crew of United Airlines flight 93 in the aftermath of the terrorist attack on the United States on September 11, 2001."} | 1,002 | 65 | 0.510343 | 1.342883 | 0.920951 | 3.615385 | 16.480769 | 0.884615 |
SECTION 1. ESTABLISHMENT OF SMALL BUSINESS SAVINGS ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 408A the following new section:
``SEC. 408B. SMALL BUSINESS SAVINGS ACCOUNTS.
``(a) General Rule.--Except as provided in this section, a Small
Business Savings Account shall be treated for purposes of this title in
the same manner as an individual retirement plan.
``(b) Small Business Savings Account.--For purposes of this title,
the term `Small Business Savings Account' means a tax preferred savings
plan which is designated at the time of establishment of the plan as a
Small Business Savings Account. Such designation shall be made in such
manner as the Secretary may prescribe.
``(c) Treatment of Contributions.--
``(1) No deduction allowed.--No deduction shall be allowed
under section 219 for a contribution to a Small Business
Savings Account.
``(2) Contribution limit.--
``(A) In general.--The aggregate amount of
contributions for any taxable year to all Small
Business Savings Accounts maintained for the benefit of
an individual shall not exceed $10,000.
``(B) Aggregate limitation.--The aggregate of the
amounts which may be taken into account under
subparagraph (A) for all taxable years with respect to
all Small Business Savings Accounts maintained for the
benefit of an individual shall not exceed $150,000.
``(C) Cost of living adjustment.--The Secretary
shall adjust annually the $10,000 amount in
subparagraph (A) for increases in the cost-of-living at
the same time and in the same manner as adjustments
under section 415(d); except that the base period shall
be the calendar quarter beginning July 1, 2011, and any
increase which is not a multiple of $500 shall be
rounded to the next lowest multiple of $500.
``(3) Contributions permitted after age 70\1/2\.--
Contributions to a Small Business Savings Account may be made
even after the individual for whom the account is maintained
has attained age 70\1/2\.
``(4) Rollovers from retirement plans not allowed.--A
taxpayer shall not be allowed to make a qualified rollover
contribution to a Small Business Savings Account from any
qualified retirement plan (as defined in section 4974(c)).
``(d) Distribution Rules.--For purposes of this title--
``(1) General rules.--
``(A) Limitations on distributions.--All qualified
distributions from a Small Business Savings Account--
``(i) shall be limited to a single
business, and
``(ii) must be disbursed not later than the
last day of the 5th taxable year beginning
after the initial disbursement.
``(B) Exclusions from gross income.--Any qualified
distribution from a Small Business Savings Account
shall not be includible in gross income.
``(2) Qualified distribution.--For purposes of this
subsection, the term `qualified distribution' means any payment
or distribution made for operating capital, the purchase of
equipment or facilities, marketing, training, incorporation,
and accounting fees.
``(3) Nonqualified distributions.--
``(A) In general.--In applying section 72 to any
distribution from a Small Business Savings Account
which is not a qualified distribution, such
distribution shall be treated as made from
contributions to the Small Business Savings Account to
the extent that such distribution, when added to all
previous distributions from the Small Business Savings
Account, does not exceed the aggregate amount of
contributions to the Small Business Savings Account.
``(B) Treatment of amounts remaining in account.--
Any remaining amount in a Small Business Savings
Account following the date described in paragraph
(1)(A)(ii) shall be treated as distributed during the
taxable year following such date and such distribution
shall not be treated as a qualified distribution.
``(4) Rollovers to a roth ira.--Subject to the application
of the treatment of contributions in section 408A(c),
distributions from a Small Business Savings Account may be
rolled over into a Roth IRA.''.
(b) Excess Contributions.--Section 4973 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(h) Excess Contributions to Small Business Savings Accounts.--For
purposes of this section, in the case of contributions to all Small
Business Savings Accounts (within the meaning of section 408B(b))
maintained for the benefit of an individual, the term `excess
contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the amount contributed to such accounts for
the taxable year, over
``(B) the amount allowable as a contribution under
section 408B(c)(2) for such taxable year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts for the
taxable year, and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
contribution under section 408B(c)(2) for such
taxable year, over
``(ii) the amount contributed to such
accounts for such taxable year.''.
(c) Conforming Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 408A
the following new item:
``Sec. 408B. Small Business Savings Accounts.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010. | Amends the Internal Revenue Code to provide for tax preferred Small Business Savings Accounts to pay for trade or business expenses, including operating capital, the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. Allows annual contributions to such accounts up to $10,000. Sets forth rules for the tax treatment of contributions to and rollovers from such accounts, similar to rules governing individual retirement accounts (IRAs). | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to establish a new Small Business Savings Account."} | 1,340 | 91 | 0.534782 | 1.179403 | 1.060695 | 3.098765 | 14.320988 | 0.802469 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cumberland Island Preservation
Act''.
SEC. 2. CUMBERLAND ISLAND NATIONAL SEASHORE AND CUMBERLAND ISLAND
WILDERNESS, GEORGIA.
(a) Boundary Adjustments for Land Exchange.--
(1) Exclusion of conveyed lands.--If the proposed land
exchange described in subsection (b) is agreed to by the
Secretary of the Interior, any lands to be conveyed by the
United States as part of the land exchange shall be excluded
from the boundaries of the Cumberland Island Wilderness or
potential wilderness area designated by section 2 of Public Law
97-250 (96 Stat. 709; 16 U.S.C. 1132 note).
(2) Inclusion of acquired lands.--All lands acquired by the
United States as part of the land exchange described in
subsection (b) shall be included in, and managed as part of,
the Cumberland Island Wilderness designated by section 2 of
Public Law 97-250 (96 Stat. 709; 16 U.S.C. 1132 note). Upon
acquisition of the lands, the Secretary of the Interior shall
adjust the boundaries of the Cumberland Island Wilderness to
include the acquired lands.
(b) Description of Land Exchange.--The land exchange referred to in
subsection (a) is a land exchange with regard to Cumberland Island
National Seashore, which is established under Public Law 92-536 (16
U.S.C. 459i et seq.), and Cumberland Island Wilderness that is being
negotiated by the Secretary of the Interior with the Nature Conservancy
and High Point, Inc., for the purpose of acquiring privately owned
lands on Cumberland Island, which have substantial wilderness
characteristics, in exchange for Federal lands located at the north end
of the island.
(c) Treatment of Main Road.--
(1) Findings.--The main road at Cumberland Island National
Seashore is included on the register of national historic
places. The continued existence and use of the main road, as
well as a spur road that provides access to Plum Orchard
mansion at Cumberland Island National Seashore, is necessary
for maintenance and access to the natural, cultural, and
historical resources of Cumberland Island National Seashore.
The inclusion of these roads both on the register of national
historic places and in the Cumberland Island Wilderness or
potential wilderness area is incompatible and causes competing
mandates on the Secretary of the Interior for management.
(2) Exclusion from wilderness.--The main road on Cumberland
Island (as described on the register of national historic
places), the spur road that provides access to Plum Orchard
mansion, and such limited area on each side of these roads as
the Secretary of the Interior considers necessary, are hereby
excluded from the boundaries of the Cumberland Island
Wilderness and the potential wilderness area designated by
section 2 of Public Law 97-250 (96 Stat. 709; 16 U.S.C. 1132
note).
(3) Effect of exclusion.--Nothing in this subsection shall
be construed to affect the inclusion of the main road on the
register of national historic places or the authority of the
Secretary of the Interior to impose reasonable restrictions on
the use of the main road or spur road to minimize any adverse
impacts on the Cumberland Island Wilderness or potential
wilderness area.
(d) Restoration of Plum Orchard Mansion.--
(1) Restoration required.--Using funds appropriated
pursuant to the authorization of appropriations in paragraph
(4), the Secretary of the Interior shall restore Plum Orchard
mansion at Cumberland Island National Seashore so that the
condition of the restored mansion is at least equal to the
condition of the mansion when it was donated to the United
States. The Secretary may also accept donations of money and
in-kind contributions for the purpose of restoring the mansion.
(2) Subsequent maintenance.--The Secretary of the Interior
shall endeavor to enter into an agreement with public and
private persons to provide for the maintenance of Plum Orchard
mansion following its restoration.
(3) Restoration plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the
Interior shall submit to Congress a comprehensive plan for the
repair, stabilization, and restoration of Plum Orchard mansion
to the condition the mansion was in when acquired by the United
States.
(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as are necessary for the
restoration of Plum Orchard mansion under paragraph (1).
(e) Archaeological and Historic Sites.--The Secretary of the
Interior shall identify, document, and protect archaeological sites
located on Federal land within Cumberland Island National Seashore. The
Secretary shall prepare and implement a plan to preserve designated
national historic sites within the seashore.
(f) Designation of Additional Wilderness Area.--
(1) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), a parcel of Federal
lands within Cumberland Island National Seashore, which
comprises approximately ____ acres on the southern portion of
Cumberland Island, as depicted on the map entitled ``Cumberland
Island Wilderness Addition, Proposed'', dated ________, 1998,
is hereby designated as wilderness and therefore as a component
of the National Wilderness Preservation System.
(2) Administration.--The parcel designated by paragraph (1)
shall be administered by the Secretary of the Interior in
accordance with the Wilderness Act as part of the Cumberland
Island Wilderness designated by section 2 of Public Law 97-250
(96 Stat. 709; 16 U.S.C. 1132 note). The Secretary shall adjust
the boundaries of the Cumberland Island Wilderness to include
the parcel.
(3) Existing rights and uses.--The designation of the
wilderness area under paragraph (1) shall be subject to valid
existing rights and pre-existing uses of the designated parcel. | Cumberland Island Preservation Act - Adjusts the boundaries of the Cumberland Island Wilderness, Georgia, to exclude and to include certain lands if the proposed land exchange being negotiated between the Secretary of the Interior and the Nature Conservancy and High Point, Inc., is agreed to with regard to Cumberland Island National Seashore and Cumberland Island Wilderness.
Excludes the main road on Cumberland Island (as described on the register of national historic places), the spur road that provides access to Plum Orchard mansion, and such limited area on each side of these roads as necessary, from the boundaries of the Cumberland Island Wilderness and the potential wilderness area.
Requires the Secretary to: (1) restore Plum Orchard mansion at Cumberland Island National Seashore so that the condition of the restored mansion is at least equal to the condition of the mansion when it was donated to the United States; and (2) submit a comprehensive plan for the repair, stabilization, and restoration of the mansion to such condition. Authorizes appropriations.
Directs the Secretary to: (1) identify, document, and protect archaeological sites located on Federal land within the Seashore; and (2) prepare and implement a plan to preserve designated national historic sites within the Seashore.
Designates, subject to valid existing rights and pre-existing uses, a specified parcel of Federal land within Cumberland Island National Seashore as wilderness and a component of the National Wilderness Preservation System. Adjusts the boundaries of the Cumberland Island Wilderness to include the parcel. | {"src": "billsum_train", "title": "Cumberland Island Preservation Act"} | 1,335 | 340 | 0.711497 | 2.195198 | 0.874797 | 5.783972 | 4.013937 | 0.940767 |
SECTION 1. AWARD OF RANGER TAB FOR CERTAIN SERVICE IN VIETNAM.
(a) Authority.--The Secretary of the Army may award the Ranger Tab
to any person who is eligible for the award under subsection (b) and
for whom an application for the award is submitted in accordance with
subsection (d).
(b) Eligibility.--A person is eligible for award of the Ranger Tab
under subsection (a) if the person--
(1) while serving on active duty in the Army and--
(A) while assigned to the Military Assistance
Advisory Group at any time during 1960, 1961, or 1962,
or to the Military Assistance Command Vietnam at any
time after 1961 and before 1974, served for at least 30
consecutive days in the Republic of Vietnam as an Army
Ranger advisor to one or more Biet Dong-Quan (BDO)
Ranger units of the Army of the Republic of Vietnam; or
(B) while assigned to a unit identified in a table
in subsection (c), served for at least 30 consecutive
days in the Republic of Vietnam during the period
specified in that table for such unit;
(2) has been awarded the combat infantryman badge or the
combat medical badge for the service in such assignment during
that period or for service in the Armed Forces before such
service in that assignment; and
(3) since the beginning of the service in such assignment--
(A) has not been discharged from the Armed Forces
with a discharge other than an honorable discharge; or
(B) in the case of a commissioned officer, has not
been dismissed from the Armed Forces and has not been
released from active duty with a characterization of
service in the Armed Forces that is less favorable than
honorable.
(c) Units and Periods of Service.--The units and periods of service
referred to in subsection (b)(1)(B) are as follows:
Table 1
Long Range Reconnaissance Patrols (LRRPs)
------------------------------------------------------------------------
Period
Unit ------------------------------------
Beginning Ending
------------------------------------------------------------------------
173d Airborne Brigade (Separate), May 1, 1965 December 20,
LRRP (Provisional). 1967
1st Brigade, 101st Airborne July 1, 1965 January 10, 1968
Division, LRRP (Provisional).
1st Infantry Division, LRRP October 1, 1965 December 20,
(Provisional). 1967
1st Cavalry Division, LRRP September 1, 1965 December 20,
(Provisional). 1967
4th Infantry Division, LRRP September 1, 1966 December 20,
(Provisional). 1967
9th Infantry Division, LRRP January 1, 1967 December 20,
(Provisional). 1967
25th Infantry Division, LRRP March 1, 1966 December 20,
(Provisional). 1967
196th Infantry Brigade (Separate), January 1, 1967 December 20,
LRRP (Provisional). 1967.
------------------------------------------------------------------------
Table 2
Long Range Patrol (LRP) Companies and Detachments
------------------------------------------------------------------------
Period
Unit ------------------------------------
Beginning Ending
------------------------------------------------------------------------
Company E, 20th Infantry (LRP)..... September 25, February 1, 1969
1967
Company F, 51st Infantry (LRP)..... September 25, February 1, 1969
1967
Company D, 151st Infantry (LRP).... December 26, 1968 February 1, 1969
Company E, 50th Infantry (LRP)..... December 20, 1967 February 1, 1969
Company F, 50th Infantry (LRP)..... December 20, 1967 February 1, 1969
Company E, 51st Infantry (LRP)..... December 12, 1968 February 1, 1969
Company E, 52nd Infantry (LRP)..... December 20, 1967 February 1, 1969
Company F, 52nd Infantry (LRP)..... December 20, 1967 February 1, 1969
Company E, 58th Infantry (LRP)..... December 20, 1967 February 1, 1969
Company F, 58th Infantry (LRP)..... January 10, 1968 February 1, 1969
71st Infantry Detachment (LRP)..... December 20, 1967 February 1, 1969
74th Infantry Detachment (LRP)..... December 20, 1967 February 1, 1969
78th Infantry Detachment (LRP)..... December 15, 1968 February 1, 1969
79th Infantry Detachment (LRP)..... December 15, 1968 February 1,
1969.
------------------------------------------------------------------------
Table 3
Ranger Companies
------------------------------------------------------------------------
Period
Unit ------------------------------------
Beginning Ending
------------------------------------------------------------------------
Company C, (Ranger), 75th Infantry. February 1, 1969 October 25, 1971
Company D, (Ranger), 151st Infantry February 1, 1969 November 20,
1971
Company D, (Ranger), 75th Infantry. November 20, 1969 April 10, 1970
Company E, (Ranger), 75th Infantry. February 1, 1969 October 12, 1970
Company F, (Ranger), 75th Infantry. February 1, 1969 March 15, 1971
Company G, (Ranger), 75th Infantry. February 1, 1969 October 1, 1971
Company H, (Ranger), 75th Infantry. February 1, 1969 August 15, 1972
Company I, (Ranger), 75th Infantry. February 1, 1969 April 7, 1970
Company K, (Ranger), 75th Infantry. February 1, 1969 December 10,
1970
Company L, (Ranger), 75th Infantry. February 1, 1969 December 26,
1970
Company M, (Ranger), 75th Infantry. February 1, 1969 October 12, 1970
Company N, (Ranger), 75th Infantry. February 1, 1969 August 25, 1971
Company O, (Ranger), 75th Infantry. February 1, 1969 November 20,
1969
Company P, (Ranger), 75th Infantry. February 1, 1969 August 31, 1971.
------------------------------------------------------------------------
(d) Application Required.--(1) To receive a Ranger Tab under the
authority of subsection (a), a person shall submit to the Secretary of
the Army a written application together with detailed information and
documentation demonstrating eligibility for the award. An application
may be submitted on behalf of a person by any other person.
(2) The Secretary of the Army shall prescribe in regulations--
(A) the form and the manner for submission of the
application required under paragraph (1); and
(B) the information and documentation that the Secretary
considers necessary to demonstrate eligibility for award of the
Ranger Tab under subsection (b).
(e) Active Duty Defined.--In this section, the term ``active duty''
has the meaning given such term in section 101(d)(1) of title 10,
United States Code. | Authorizes the Secretary of the Army to award a Ranger Tab to certain individuals assigned to specified Army units and performing active duty for specified periods in the Republic of Vietnam between 1960 and 1974. Requires written application for such award. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Army to award the Ranger Tab to veterans of certain service in the Republic of Vietnam during the Vietnam era."} | 1,614 | 51 | 0.603747 | 1.477329 | 0.743341 | 2.25 | 31.5 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Aviation and Flight Enhancement
Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 1996, eight major commercial air accidents have
occurred in which the immediate cause was unknown and recovery
of flight data and cockpit voice recorder units (``black
boxes'') was significantly delayed. On average, it has taken
investigators 8 days to recover flight data recorders and 15
days to recover cockpit voice recorders from the wreckage of
these accidents.
(2) Failure to recover the flight data and cockpit voice
recorder units aboard the commercial aircraft involved in the
events of September 11, 2001, demonstrated that fixed recorder
technology is not adequate.
(3) The 9/11 Commission staff recommendations state that
the Transportation Security Administration (referred to in this
Act as ``TSA'') and Federal Aviation Administration (referred
to in this Act as ``FAA'') should take steps to improve the
survivability of flight data recorders and cockpit voice
recorders to ensure that complete and reliable information is
available to investigators in the aftermath of a terrorist
attack.
(4) The thwarted August 10, 2006, terrorist bombing
attempt, which threatened multiple aircraft en route from the
United Kingdom to the United States, demonstrates that
continued threats to commercial airliners, particularly to
those aircraft operating long-distance flights over ocean
waters, remain a national security concern.
(5) The recent FAA ruling to increase the allowable
distance that extended-operation multiengine aircraft (known as
ETOPs) can travel from an emergency or diversion airport
increases the potential for more difficult location and
recovery of fixed flight data and cockpit voice recorder units.
(6) It is in the public interest that aircraft be equipped
with recorder units that can be recovered immediately after an
incident involving an aircraft.
SEC. 3. REGULATIONS REQUIRING DEPLOYABLE RECORDERS AND OTHER PURPOSES.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44729. Installation of additional flight recorders
``(a) Regulations.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation
shall issue regulations that require in accordance with this
section all commercial aircraft in extended-range operations
that are required to carry fixed cockpit voice recorder and
digital flight data recorder units also be equipped with a
second recorder system that utilizes deployable combination
cockpit voice and digital flight data recorder technology. The
second deployable recorder system shall be mounted as far rear
on the airframe as practicable.
``(2) Minimum capabilities.--The deployable recorder system
shall be--
``(A) capable of recording all mandatory data
parameters covering the previous 25 hours of operation
and all cockpit audio, including controller-pilot data
link messages for the previous 2 hours of operation;
``(B) powered by the electrical bus to provide the
maximum reliability for operation without jeopardizing
service to essential or emergency loads; and
``(C) provided with an independent power source
that is located with the combination recorder and that
automatically engages and provides 10 minutes of
operation whenever normal aircraft power ceases.
``(b) Schedule for Installation of Second Combined System.--The
regulations shall require the installation of the deployable
combination recorder system required under this section on commercial
aircraft that are ordered by an air carrier on or after January 1,
2009.
``(c) Definitions.--In this section, the following definitions
apply:
``(1) Commercial aircraft.--The term `commercial aircraft'
means--
``(A) a jet aircraft with 10 or more seats or
greater than 12,500-pound maximum takeoff weight; and
``(B) a propeller-driven aircraft with greater than
19 seats or greater than 19,000-pound maximum takeoff
weight.
``(2) Deployable recorder system.--The term `deployable
recorder system' means a digital flight data recorder, cockpit
voice recorder, and emergency locator transmitter housed as one
unit within an assembly that is designed to be mounted
conformal to the surface of the airframe, to eject from the
aircraft upon accident and safely land away from the crash
site, and to float indefinitely on water.
``(3) Extended-range operations.--The term `extended-range
operations' means commercial aircraft operations in compliance
with the Federal Aviation Administration's extended operations
(ETOPs) of multiengine airplanes rule (RIN 2120-A103)
permitting multiengine, aircraft described in parts 121 and 135
of title 14, Code of Federal Regulations, to fly up to 240
minutes of single-engine flying time from an adequate
airport.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``44729. Installation of additional flight recorders.''.
SEC. 4. PURCHASE OF DEPLOYABLE RECORDER SYSTEMS.
(a) In General.--The Secretary of Transportation shall reimburse an
air carrier (as defined in section 40102 of title 49, United States
Code) for the costs of purchasing and installing deployable recorder
systems, including engineering, certification, equipment, and
installation costs, in order for the air carrier to comply with the
regulations issued under section 44729 of such title.
(b) Reasonable Amount.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall issue
regulations that set forth what constitutes a reasonable amount for
reimbursement under subsection (a). | Safe Aviation and Flight Enhancement Act of 2007 - Amends federal transportation law to direct the Secretary of Transportation to issue regulations requiring all commercial aircraft in extended-range operations that must carry fixed cockpit voice recorder and digital flight data recorder units to also be equipped with a second recorder system that utilizes deployable combination cockpit voice and digital flight data recording technology.
Requires the second deployable recorder system to be mounted as far rear on the airframe as practicable. Sets forth minimum deployable recorder capabilities.
Directs the Secretary to reimburse an air carrier for the costs of purchasing and installing such deployable recorder systems for it to comply with regulations. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to issue a regulation requiring the installation of a second cockpit voice recorder and digital flight data recorder system that utilizes combination deployable recorder technology in certain commercial passenger aircraft."} | 1,242 | 142 | 0.558044 | 1.580641 | 0.698818 | 3.941176 | 9.630252 | 0.932773 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Reform Amendments Act
of 1994''.
SEC. 2. GARNISHMENT OF PAY OF FEDERAL EMPLOYEES.
Subsection (i) of section 5520a of title 5, United States Code, is
amended--
(1) by striking out ``The provisions'' and inserting in
lieu thereof ``(1) Except as provided in paragraph (2), the
provisions''; and
(2) by adding at the end thereof the following:
``(2)(A) Each agency, upon receipt of legal process relating to an
employee's legal obligation to provide child support that is regular on
its face shall--
``(i) within five working days after the date pay would
have been paid or credited to the employee by the agency,
comply with the order, notwithstanding subsection (f);
``(ii) forward the amount withheld pursuant to the order to
the State or custodial parent specified in the order; and
``(iii) keep records of the amounts so withheld.
``(B) In addition to service provided for under subsection (c),
such an order may be served on the agency by first-class mail.
``(C) Each agency shall be subject to, and comply with, any civil
fine of not more than $1,000 imposed by a State if the agency receives
such an order and fails to comply with the order within 10 working days
after the date wages would have been paid or credited to the employee
by the agency.''.
SEC. 3. ELIMINATION OF SECOND COURT ORDER TO ATTACH RETIREMENT FUNDS
FOR CHILD SUPPORT.
(a) CSRS.--Subsection (j) of section 8345 of title 5, United States
Code, is amended by redesignating paragraph (3) as paragraph (4) and
inserting after paragraph (2) the following new paragraph:
``(3) Notwithstanding paragraph (1), an individual owed a child
support arrearage (determined under a court order or an order of an
administrative process established under State law) may attach any
interest in payments under this subchapter which would otherwise be
payable to an employee, Member, or annuitant who owes the support,
without the requirement of a separate order, but only if the State
provides procedures for notice and an expedited hearing if requested by
such employee, Member, or annuitant. Payments attached under this
paragraph shall be held in escrow pending a determination pursuant to
such a hearing (if any).''.
(b) TSP.--Paragraph (3) of section 8437(e) of such title is amended
by adding at the end the following: ``An individual owed a child
support arrearage (determined under a court order or an order of an
administrative process established under State law) may attach any
interest in moneys due or payable from the Thrift Savings Fund which
would otherwise be payable to an employee, Member, or annuitant who
owes the support, without the requirement of a separate order, but only
if the State provides procedures for notice and an expedited hearing if
requested by such employee, Member, or annuitant. Amounts due or
payable which are attached under this paragraph shall be held in escrow
pending a determination pursuant to such a hearing (if any).''.
(c) FERS.--Section 8467 of such title is amended by adding at the
end the following:
``(c) Notwithstanding paragraph (1), an individual owed a child
support arrearage (determined under a court order or an order of an
administrative process established under State law) may attach any
interest in payments under this subchapter which would otherwise be
payable to an employee, Member, or annuitant who owes the support,
without the requirement of a separate order, but only if the State
provides procedures for notice and an expedited hearing if requested by
such employee, Member, or annuitant. Payments attached under this
paragraph shall be held in escrow pending a determination pursuant to
such a hearing (if any).''.
SEC. 4. DENIAL OF FEDERAL BENEFITS AND EMPLOYMENT TO CERTAIN PERSONS
WITH LARGE CHILD SUPPORT ARREARAGES.
(a) Benefits.--Notwithstanding any other provision of law, an
agency of the Federal Government may not provide a Federal benefit to
any person--
(1) who is in arrears by more than 3 months in the payment
of child support, determined under a court order or an order of
an administrative process established under State law; and
(2) who has not entered into or is not in compliance with a
plan or an agreement to pay the arrearages.
(b) Employment.--
(1) In general.--Notwithstanding any other provision of
law, an individual who is in arrears by more than 3 months in
the payment of child support, determined under a court order or
an order of an administrative process established under State
law, must, as a condition of accepting employment in any
position in an agency, enter into or be in compliance with a
plan or agreement to pay the arrearages.
(2) Regulations.--Regulations to carry out paragraph (1)
shall--
(A) with respect to positions in the executive
branch, be prescribed by the President (or designee);
and
(B) with respect to positions in the legislative
branch, be prescribed jointly by the President pro
tempore of the Senate and the Speaker of the House of
Representatives (or their designees) and in
consultation with the heads of the agencies of the
legislative branch.
(c) Study.--With respect to the judicial branch, the Director of
the Administrative Office of the United States Courts shall assess the
feasibility of denying Federal benefits and employment to persons with
child support arrears exceeding three months.
(d) Definitions.--For purposes of this section--
(1) the term ``child support'' has the meaning given such
term in section 462 of the Social Security Act;
(2) the term ``Federal benefit'' means a grant, loan,
professional license, or commercial license provided by an
agency of the United States, but does not include--
(A) any benefit eligibility for which, or the
amount of which, is based, in whole or in part, on the
financial means of the applicant or recipient;
(B) loans or grants made for educational purposes;
or
(C) loans or grants for job training; and
(3) the term ``agency'' means any department, agency, or
instrumentality in the executive or legislative branches of the
Federal Government.
(e) Effective Date.--This section shall take effect as of November
1, 1995.
SEC. 5. DENIAL OF PASSPORTS TO NONCUSTODIAL PARENTS SUBJECT TO STATE
ARREST WARRANTS IN CASES OF NONPAYMENT OF CHILD SUPPORT.
The Secretary of State is authorized to refuse a passport or
revoke, restrict, or limit a passport in any case in which the
Secretary of State determines or is informed by competent authority
that the applicant or passport holder is a noncustodial parent who is
the subject of an outstanding State warrant of arrest for nonpayment of
child support, where the amount in controversy is not less than
$10,000.
Passed the House of Representatives October 4, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Child Support Reform Amendments Act of 1994 - Amends Federal law to require a Federal agency to comply with a child support enforcement order by garnishing an employee's pay upon receipt of legal process.
Amends Federal law with respect to specified retirement funds to authorize an individual owed a child support arrearage to attach such funds without the requirement of a second separate order if the relevant State provides notice and expedited hearings procedures.
Conditions Federal benefits and employment to an individual who is more than three months in arrears for child support upon such individual's compliance with a plan to pay the arrearage.
Instructs the Director of the Administrative Office of the United States Courts to assess the feasibility of denying Federal benefits and employment to persons with child support arrears exceeding three months.
Authorizes the Secretary of State to refuse, revoke, restrict, or limit a passport with respect to a noncustodial parent who is the subject of an outstanding State arrest warrant for nonpayment of child support where the amount in controversy is at least $10,000. | {"src": "billsum_train", "title": "Child Support Reform Amendments Act of 1994"} | 1,658 | 232 | 0.573582 | 1.612936 | 0.806085 | 3.715026 | 7.709845 | 0.937824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Student Athletes from
Concussions Act of 2013''.
SEC. 2. MINIMUM STATE REQUIREMENTS.
(a) Minimum Requirements.--Each State that receives funds under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)
and does not meet the requirements described in this section, as of the
date of enactment of this Act, shall, not later than the last day of
the fifth full fiscal year after the date of enactment of this Act
(referred to in this Act as the ``compliance deadline''), enact
legislation or issue regulations establishing the following minimum
requirements:
(1) Local educational agency concussion safety and
management plan.--Each local educational agency in the State,
in consultation with members of the community in which such
agency is located, shall develop and implement a standard plan
for concussion safety and management that--
(A) educates students, parents, and school
personnel about concussions, through activities such
as--
(i) training school personnel, including
coaches, teachers, athletic trainers, related
services personnel, and school nurses, on
concussion safety and management, including
training on the prevention, recognition, and
academic consequences of concussions and
response to concussions; and
(ii) using, maintaining, and disseminating
to students and parents--
(I) release forms and other
appropriate forms for reporting and
recordkeeping;
(II) treatment plans; and
(III) prevention and post-injury
observation and monitoring fact sheets
about concussion;
(B) encourages supports, where feasible, for a
student recovering from a concussion (regardless of
whether or not the concussion occurred during school-
sponsored activities, during school hours, on school
property, or during an athletic activity), such as--
(i) guiding the student in resuming
participation in athletic activity and academic
activities with the help of a multi-
disciplinary concussion management team, which
may include--
(I) a health care professional, the
parents of such student, a school
nurse, relevant related services
personnel, and other relevant school
personnel; and
(II) an individual who is assigned
by a public school to oversee and
manage the recovery of such student;
and
(ii) providing appropriate academic
accommodations aimed at progressively
reintroducing cognitive demands on the student;
and
(C) encourages the use of best practices designed
to ensure, with respect to concussions, the uniformity
of safety standards, treatment, and management, such
as--
(i) disseminating information on concussion
safety and management to the public; and
(ii) applying uniform best practice
standards for concussion safety and management
to all students enrolled in public schools.
(2) Posting of information on concussions.--Each public
elementary school and each public secondary school shall post
on school grounds, in a manner that is visible to students and
school personnel, and make publicly available on the school
website, information on concussions that--
(A) is based on peer-reviewed scientific evidence
(such as information made available by the Centers for
Disease Control and Prevention);
(B) shall include information on--
(i) the risks posed by sustaining a
concussion;
(ii) the actions a student should take in
response to sustaining a concussion, including
the notification of school personnel; and
(iii) the signs and symptoms of a
concussion; and
(C) may include information on--
(i) the definition of a concussion;
(ii) the means available to the student to
reduce the incidence or recurrence of a
concussion; and
(iii) the effects of a concussion on
academic learning and performance.
(3) Response to concussion.--If an individual designated
from among school personnel for purposes of this Act suspects
that a student has sustained a concussion (regardless of
whether or not the concussion occurred during school-sponsored
activities, during school hours, on school property, or during
an athletic activity)--
(A) the student shall be--
(i) immediately removed from participation
in a school-sponsored athletic activity; and
(ii) prohibited from returning to
participate in a school-sponsored athletic
activity--
(I) on the day such student is
removed from such participation; and
(II) until such student submits a
written release from a health care
professional stating that the student
is capable of resuming participation in
school-sponsored athletic activities;
and
(B) the designated individual shall report to the
parent or guardian of such student--
(i) any information that the designated
school employee is aware of regarding the date,
time, and type of the injury suffered by such
student (regardless of where, when, or how a
concussion may have occurred); and
(ii) any actions taken to treat such
student.
(4) Return to athletics.--If a student has sustained a
concussion (regardless of whether or not the concussion
occurred during school-sponsored activities, during school
hours, on school property, or during an athletic activity),
before such student resumes participation in school-sponsored
athletic activities, the school shall receive a written release
from a health care professional, that--
(A) states that the student is capable of resuming
participation in such activities; and
(B) may require the student to follow a plan
designed to aid the student in recovering and resuming
participation in such activities in a manner that--
(i) is coordinated, as appropriate, with
periods of cognitive and physical rest while
symptoms of a concussion persist; and
(ii) reintroduces cognitive and physical
demands on such student on a progressive basis
only as such increases in exertion do not cause
the reemergence or worsening of symptoms of a
concussion.
(b) Noncompliance.--
(1) First year.--If a State described in subsection (a)
fails to comply with subsection (a) by the compliance deadline,
the Secretary of Education shall reduce by 5 percent the amount
of funds the State receives under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) for the first
fiscal year following the compliance deadline.
(2) Succeeding years.--If the State fails to so comply by
the last day of any fiscal year following the compliance
deadline, the Secretary of Education shall reduce by 10 percent
the amount of funds the State receives under that Act for the
following fiscal year.
(3) Notification of noncompliance.--Prior to reducing any
funds that a State receives under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) in accordance
with this subsection, the Secretary of Education shall provide
a written notification of the intended reduction of funds to
the State and to the appropriate committees of Congress.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to affect civil or criminal
liability under Federal or State law.
SEC. 4. DEFINITIONS.
In this Act:
(1) Concussion.--The term ``concussion'' means a type of
mild traumatic brain injury that--
(A) is caused by a blow, jolt, or motion to the
head or body that causes the brain to move rapidly in
the skull;
(B) disrupts normal brain functioning and alters
the mental state of the individual, causing the
individual to experience--
(i) any period of observed or self-
reported--
(I) transient confusion,
disorientation, or impaired
consciousness;
(II) dysfunction of memory around
the time of injury; or
(III) loss of consciousness lasting
less than 30 minutes; or
(ii) any 1 of 4 types of symptoms,
including--
(I) physical symptoms, such as
headache, fatigue, or dizziness;
(II) cognitive symptoms, such as
memory disturbance or slowed thinking;
(III) emotional symptoms, such as
irritability or sadness; or
(IV) difficulty sleeping; and
(C) can occur--
(i) with or without the loss of
consciousness; and
(ii) during participation in any organized
sport or recreational activity.
(2) Health care professional.--The term ``health care
professional''--
(A) means an individual who has been trained in
diagnosis and management of traumatic brain injury in a
pediatric population; and
(B) includes a physician (M.D. or D.O.) or
certified athletic trainer who is registered, licensed,
certified, or otherwise statutorily recognized by the
State to provide such diagnosis and management.
(3) Local educational agency; state.--The terms ``local
educational agency'' and ``State'' have the meanings given such
terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(4) Related services personnel.--The term ``related
services personnel'' means individuals who provide related
services, as defined under section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401).
(5) School-sponsored athletic activity.--The term ``school-
sponsored athletic activity'' means--
(A) any physical education class or program of a
school;
(B) any athletic activity authorized during the
school day on school grounds that is not an
instructional activity;
(C) any extracurricular sports team, club, or
league organized by a school on or off school grounds;
and
(D) any recess activity. | Protecting Student Athletes from Concussions Act of 2013 - Requires each state that receives funds under the Elementary and Secondary Education Act of 1965 (ESEA) and that does not meet the requirements for the prevention and treatment of concussions set forth in this Act as of the date of enactment of this Act to enact legislation or issue regulations establishing such requirements by the last day of the fifth full fiscal year after such date. Requires each local educational agency in the state to develop and implement a standard plan for concussion safety and management that: (1) educates students, parents, and school personnel about concussions through specified activities; (2) encourages specified supports for a student recovering from a concussion; and (3) encourages the use of specified best practices designed to ensure the uniformity of safety standards, treatment, and management. Requires each public elementary and secondary school to post on school grounds and make publicly available on the school website specified information on concussions. Requires that if an individual designated from among school personnel for purposes of this Act suspects that a student has sustained a concussion: (1) the student shall be immediately removed from participation in a school-sponsored athletic activity and prohibited from returning to such activity until the student submits a written release from a health care professional; and (2) such designated individual shall report to the student's parent or guardian information regarding the date, time, and type of the injury suffered by the student and any actions taken to treat the student. Directs the Secretary of Education to: (1) reduce by specified percentages the amount a state receives under ESEA if it fails to comply with this Act within a specified time frame, and (2) provide prior written notification of such intended reduction to the state and to the appropriate congressional committees. | {"src": "billsum_train", "title": "Protecting Student Athletes from Concussions Act of 2013"} | 2,181 | 404 | 0.696117 | 1.931256 | 0.775773 | 3.944767 | 5.665698 | 0.921512 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Free Truck Stop Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the illegal use of controlled substances by operators
of private and commercial motor vehicles represents a threat to
the safety of all motorists and their passengers on the
Nation's roadways; and
(2) as indicated by numerous studies, congressional
hearings, and investigations, individuals often use the areas
surrounding roadside truck stops and roadside rest areas as
sites for the distribution of these controlled substances to
the operators of commercial motor vehicles.
SEC. 3. INCREASED PENALTIES FOR DISTRIBUTION OF CONTROLLED SUBSTANCES
AT TRUCK STOPS AND REST AREAS.
(a) In General.--Part D of the Controlled Substances Act (21 U.S.C.
801 et seq.) is amended by inserting after section 408 the following
new section:
``transportation safety offenses
``Sec. 409. (a) Any person who violates section 401(a)(1) or
section 416 by distributing or possessing with intent to distribute a
controlled substance in or on, or within 1,000 feet of, a truck stop or
safety rest area is (except as provided in subsection (b)) punishable--
``(1) by a term of imprisonment, or fine, or both, up to
twice that authorized by section 401(b) of this title; and
``(2) at least twice any term of supervised release
authorized by section 401(b) for a first offense.
Except to the extent a greater minimum sentence is otherwise provided
by section 401(b), a term of imprisonment under this subsection shall
be not less than one year.
``(b) Any person who violates section 401(a)(1) or section 416 by
distributing or possessing with intent to distribute a controlled
substance in or on, or within 1,000 feet of, a truck stop or a safety
rest area after a prior conviction or convictions under subsection (a)
have become final is punishable--
``(1) by the greater of (A) a term of imprisonment of not
less than three years and not more than life imprisonment or
(B) a term of imprisonment of up to three times that authorized
by section 401(b) of this title for a first offense, or a fine
up to three times that authorized by section 401(b) of this
title for a first offense, or both; and
``(2) at least three times any term of supervised release
authorized by section 401(b) of this title for a first offense.
``(c) In the case of any sentence imposed under subsection (b),
imposition or execution of such sentence shall not be suspended and
probation shall not be granted. An individual convicted under
subsection (b) shall not be eligible for parole under chapter 311 of
title 18 of the United States Code until the individual has served the
minimum sentence required by such subsection.
``(d) For purposes of this section--
``(1) the term `safety rest area' has the meaning given
that term in part 752 of title 23, Code of Federal Regulations,
as in effect on the date of enactment of this section; and
``(2) the term `truck stop' means any facility (including
any parking lot appurtenant thereto) with the capacity to
provide fuel or service, or both, to any commercial motor
vehicle as defined under section 12019(6) of the Commercial
Motor Vehicle Safety Act of 1986, operating in commerce as
defined in section 12019(3) of such Act, and located adjacent
to or within 2,500 feet of a highway on the National System of
Interstate and Defense Highways or the Federal-aid primary
system.''.
(b) Conforming Amendment.--Section 401(b) of such Act (21 U.S.C.
841(b)) is amended by striking ``or 405B'' each place it appears and
inserting ``405B, or 409''.
(c) Amendment to Table of Contents.--The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended
by inserting after the item relating to section 408 the following new
item:
``Sec. 409. Transportation safety offenses.''.
SEC. 4. SENTENCING COMMISSION GUIDELINES.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and section 21 of the Sentencing Act of
1987 (28 U.S.C. 994 note), the United States Sentencing Commission
shall promulgate guidelines, or shall amend existing guidelines, to
provide that a defendant convicted of violating section 409 of the
Controlled Substances Act, as added by section 3, shall be assigned an
offense level under chapter 2 of the sentencing guidelines that is--
(1) two levels greater than the level that would have been
assigned for the underlying controlled substance offense; and
(2) in no event less than level 26.
(b) Implementation of Instruction.--If the sentencing guidelines
are amended after the effective date of this section, the Sentencing
Commission shall implement the instruction set forth in subsection (a)
so as to achieve a comparable result.
(c) Offenses Which Could Be Subject to Multiple Enhancements.--The
guidelines referred to in subsection (a), as promulgated or amended
under such subsection, shall provide that an offense that could be
subject to multiple enhancements pursuant to such subsection is subject
to not more than one such enhancement. | Drug Free Truck Stop Act of 1993 - Amends the Controlled Substances Act to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final.
Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements. | {"src": "billsum_train", "title": "Drug Free Truck Stop Act of 1993"} | 1,245 | 137 | 0.508896 | 1.253026 | 0.611625 | 2.381818 | 10.045455 | 0.836364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Care Quality
Act''.
TITLE I--ADVANCING NEW QUALITY AND PERFORMANCE MEASURES FOR CHILDREN'S
HEALTH CARE
SEC. 101. PEDIATRIC QUALITY AND PERFORMANCE MEASURES PROGRAM.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is
amended by adding at the end the following:
``pediatric quality and performance measures program
``Sec. 1942. (a) Establishment.--The Secretary, acting through the
Administrator of the Centers for Medicare & Medicaid Services and in
consultation with the Director of the Agency for Healthcare Research
and Quality, shall establish a program to encourage and support the
development of new and emerging quality and performance measures for
providers of pediatric care and the incorporation of such measures into
systemic approaches to improve care and outcomes for children through
the activities described in subsection (c). In establishing the
program, gaps in existing evidence-based measures and priority areas
for advancement shall be identified.
``(b) Purpose.--The purpose of the program is to ensure that--
``(1) evidence-based pediatric quality and performance
measures are developed;
``(2) such measures are available for States, other
purchasers of pediatric health care services, health care
providers, and consumers to use; and
``(3) technical assistance is provided to assist with the
implementation of such measures.
``(c) Program Activities.--
``(1) Identifying quality and performance measures for
providers of pediatric services and opportunities for new
measures.--Not later than 3 months after the date of enactment
of this section, the Secretary shall identify quality and
performance measures for providers of pediatric services and
opportunities for the development of new measures, taking into
consideration existing evidence-based measures. In conducting
this review, the Secretary shall convene and consult with
representatives of--
``(A) States;
``(B) pediatric hospitals, pediatricians, and other
pediatric health professionals;
``(C) national organizations representing--
``(i) consumers of children's health care;
and
``(ii) purchasers of children's health
care;
``(D) experts in pediatric quality and performance
measurement; and
``(E) a voluntary consensus standards setting
organization and other organizations involved in the
advancement of consensus on evidence-based measures of
health care.
``(2) Developing, validating, and testing new measures.--
The Secretary shall award grants or contracts to eligible
entities (as defined in subsection (d)(1)) for the development,
validation, and testing of new and emerging quality and
performance measures for providers of pediatric services. Such
measures shall--
``(A) provide consumers and purchasers (including
States and beneficiaries under the program under this
title and title XXI) with information about provider
performance and quality; and
``(B) assist health care providers in improving the
quality of the services they provide and their
performance with respect to the provision of such
services.
``(3) Achieving consensus on evidence-based measures.--The
Secretary shall award grants or contracts to eligible consensus
entities (as defined in subsection (d)(2)) for the development
of consensus on evidence-based measures for pediatric care that
have broad acceptability in the health care industry.
``(d) Eligible Entities.--
``(1) Development, validation, and testing.--For purposes
of paragraph (2) of subsection (c), the term `eligible entity'
means--
``(A) organizations with demonstrated expertise and
capacity in the development and evaluation of pediatric
quality and performance measures;
``(B) an organization or association of health care
providers with demonstrated experience in working with
accrediting organizations in developing pediatric
quality and performance measures; and
``(C) a collaboration of national pediatric
organizations working to improve pediatric quality and
performance in the delivery of children's health care.
``(2) Achievement of consensus.--For purposes of paragraph
(3) of such subsection, the term `eligible consensus entity'
means an organization, including a voluntary consensus
standards setting organization, involved in the advancement of
consensus on evidence-based measures of health care.
``(e) Ongoing Authority To Update and Adjust Pediatric Measures.--
The Secretary may update and adjust measures developed and advanced
under the program under this section in accordance with--
``(1) any changes that a voluntary consensus standards
setting organization determines should be made with respect to
such measures; or
``(2) new evidence indicating the need for changes with
respect to such measures.
``(f) Addition of Pediatric Consumer Assessment Measures to CAHPS
Hospital Survey Conducted by AHRQ.--The Director of the Agency for
Healthcare Research and Quality shall ensure that consumer assessment
measures for hospital services for children are added to the Consumer
Assessment of Healthcare Providers and Systems (CAHPS) Hospital survey
conducted by such Agency.
``(g) Appropriation.--There are authorized to be appropriated and
there are appropriated, for the purpose of carrying out this section,
$10,000,000, for each of fiscal years 2009 through 2013, to remain
available until expended.''.
TITLE II--STATE TRANSFORMATION GRANTS FOR PEDIATRIC CARE
SEC. 201. GRANTS TO STATES FOR DEMONSTRATION PROJECTS TRANSFORMING
DELIVERY OF PEDIATRIC CARE.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), as
amended by section 101, is amended by adding at the end the following:
``grants to state for demonstration projects transforming delivery of
pediatric care
``Sec. 1943. (a) Establishment.--The Secretary, acting through the
Administrator of the Centers for Medicare & Medicaid Services, shall
establish demonstration projects, including demonstration projects in
multiple States in each of the 4 categories described in subsection
(d), to award grants to States to improve the delivery of health care
services provided to children under this title and title XXI.
``(b) Duration.--The demonstration projects shall be conducted for
a period of 4 years.
``(c) Eligibility.--A State shall not be eligible to receive a
grant under this section unless the State has demonstrated experience
or commitment to the concept of transformation in the delivery of
pediatric care.
``(d) Categories of Projects.--The following categories of projects
are described in this subsection:
``(1) Health information technology systems.--Projects for
developing health information technology systems, including
technology acquisition, electronic health record development,
data standards development, and software development, for
pediatric hospital and physician services and other community-
based services; implementing model systems; and evaluating
their impact on the quality, safety, and costs of care.
``(2) Disease management.--Projects for providing provider-
based care management for children with chronic conditions
(including physical, developmental, behavioral, and
psychological conditions), demonstrating the effectiveness of
provider-based management models in promoting better care,
reducing adverse health outcomes, and preventing avoidable
hospitalizations.
``(3) Evidence-based quality improvements.--Projects for
implementing evidence-based approaches to improving efficiency,
safety, and effectiveness in the delivery of hospital care for
children across hospital services, evaluating the translation
of successful models of such evidence-based approaches to other
institutions, and the impact of such changes on the quality,
safety, and costs of care.
``(4) Quality and performance measures for providers of
children's health care services.--Projects to pilot test
evidence-based pediatric quality and performance measures for
inpatient hospital services, physician services, or services of
other health professionals, determining the reliability,
feasibility, and validity of such measures, and evaluating
their potential impact on improving the quality and delivery of
children's health care. To the extent feasible, such measures
shall have been approved by consensus standards setting
organizations.
``(e) Uniform Metrics.--The Secretary shall establish uniform
metrics (adjusted, as appropriate, for patient acuity), collect data,
and conduct evaluations with respect to each demonstration project
category described in subsection (d). In establishing such metrics,
collecting such data, and conducting such evaluations, the Secretary
shall consult with--
``(1) experts in each such demonstration project category;
``(2) participating States;
``(3) national pediatric provider organizations;
``(4) health care consumers; and
``(5) such other entities or individuals with relevant
expertise as the Secretary determines appropriate.
``(f) Evaluation and Report.--The Secretary shall evaluate the
demonstration projects conducted under this section and submit a report
to Congress not later than 3 months before the completion of each
demonstration project that includes the findings of the evaluation and
recommendations with respect to--
``(1) expansion of the demonstration project to additional
States and sites; and
``(2) the broader implementation of approaches identified
as being successful in advancing quality and performance in the
delivery of medical assistance provided to children under this
title and title XXI.
``(g) Waiver.--The Secretary may waive the requirements of this
title and title XXI to the extent necessary to carry out the
demonstration projects under this section.
``(h) Amounts Paid to a State.--Amounts paid to a State under this
section--
``(1) shall be in addition to Federal payments made to the
State under section 1903(a);
``(2) shall not be used for the State share of any
expenditures claimed for payment under such section; and
``(3) shall be used only for expenditures of the State for
participating in the demonstration projects, or for
expenditures of providers in participating in the demonstration
projects, including--
``(A) administrative costs of States and
participating providers (such as costs associated with
the design and evaluation of, and data collection
under, the demonstration projects); and
``(B) such other expenditures that are not
otherwise eligible for reimbursement under this title
or title XXI as the Secretary may determine
appropriate.
``(i) Appropriation.--There are authorized to be appropriated and
there are appropriated, for the purpose of carrying out this section,
to remain available until expended $10,000,000 for each of fiscal years
2009 through 2013.''.
SEC. 202. REPORT BY THE COMPTROLLER GENERAL ON DESIGN AND
IMPLEMENTATION OF A DEMONSTRATION PROJECT EVALUATING
EXISTING QUALITY AND PERFORMANCE MEASURES FOR CHILDREN'S
INPATIENT HOSPITAL SERVICES.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General of the United States (in
this section referred to as the ``Comptroller General'') shall submit a
report to Congress containing recommendations for the design and
implementation of a demonstration project to evaluate the suitability
of existing quality and performance measures for children's inpatient
hospital services for public reporting, differentiating quality,
identifying best practices, and providing a basis for payment rewards.
(b) Development of Recommendations.--In developing the
recommendations submitted under subsection (a), the Comptroller General
shall accomplish the following:
(1) Consider which agency within the Department of Health
and Human Services should have primary responsibility and
oversight for such a demonstration project.
(2) Determine a sufficient number of participating
hospitals and volume of children's cases, given existing
measures that might be chosen for evaluation under such a
demonstration project.
(3) Determine the number of States and variety of
geographic locations that may be required to conduct such a
demonstration project.
(4) Describe alternatives for administering and directing
funding for such a demonstration project, taking into
consideration the potential involvement of multiple States,
State plans under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), and State child health plans under title
XXI of such Act (42 U.S.C. 1397aa et seq.). Such description
shall be included in the recommendations submitted under
subsection (a).
(5) Determine requirements for consistency in measures,
metrics, and risk adjustment for such a demonstration project,
across hospitals and across State lines.
(6) Consider the infrastructure requirements involved in
public reporting of quality and performance measures for
children's inpatient hospital services at the national and
State levels, including the requirements involved with respect
to maintaining such measures and data.
(7) Estimate the cost of undertaking such a demonstration
project.
(c) Suggestion of Existing Measures for Evaluation Under the
Demonstration Project.--
(1) In general.--The report submitted under subsection (a)
shall include suggestions for existing measures to be evaluated
under the demonstration project recommended in such report,
including, to the extent feasible, measures with respect to--
(A) high volume pediatric inpatient conditions;
(B) high cost pediatric inpatient services;
(C) pediatric conditions with predicted high
morbidities; and
(D) pediatric cases at high risk of patient safety
failures.
(2) Suggested measures.--The measures suggested under
paragraph (1) shall be measures representing process,
structure, patient outcomes, or patient and family experience--
(A) that are evidence-based;
(B) that are feasible to collect and report;
(C) that include a mechanism for risk adjustment
when necessary; and
(D) for which there is a consensus within the
pediatric hospital community or a consensus determined
by a voluntary consensus standards setting organization
involved in the advancement of evidence-based measures
of health care.
(3) Consultation.--In determining the existing measures
suggested under paragraph (1), the Comptroller General shall
consult with representatives of the following:
(A) National associations of pediatric hospitals
and pediatric health professionals.
(B) Experts in pediatric quality and performance
measurement.
(C) Voluntary consensus standards setting
organizations and other organizations involved in the
advancement of consensus on evidence-based measures.
(D) The Department of Health and Human Services,
States, and other purchasers of health care items and
services. | Children's Health Care Quality Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to establish a program to: (1) identify quality and performance measures for pediatric service providers; and (2) award grants or contracts for the development, validation, and testing of new and emerging measures.
Directs the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, to establish demonstration projects to award grants to states to improve the delivery of health care services to children under Medicaid and SSA title XXI (State Children's Health Insurance Program) (SCHIP). Requires demonstration projects in the categories of: (1) health information technology systems; (2) disease management for children with chronic conditions; (3) evidence-based quality improvement; and (4) quality and performance measures for providers of children's health care services.
Requires the Comptroller General to make recommendations to Congress for the design and implementation of a demonstration project to evaluate the suitability of existing quality and performance measures for children's inpatient hospital services for public reporting, differentiating quality, identifying best practices, and providing a basis for payment rewards. | {"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to establish programs to improve the quality, performance, and delivery of pediatric care."} | 3,076 | 257 | 0.658406 | 1.849025 | 0.807224 | 5.497854 | 12.412017 | 0.948498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inflammatory Bowel Disease Research
Enhancement Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Crohn's disease and ulcerative colitis are serious
inflammatory diseases of the gastrointestinal tract.
(2) Crohn's disease may occur in any section of the
gastrointestinal tract but is predominately found in the lower
part of the small intestine and the large intestine. Ulcerative
colitis is characterized by inflammation and ulceration of the
innermost lining of the colon. Complete removal of the colon in
patients with ulcerative colitis can potentially alleviate and
cure symptoms.
(3) Because Crohn's disease and ulcerative colitis behave
similarly, they are collectively known as inflammatory bowel
disease. Both diseases present a variety of symptoms, including
severe diarrhea; abdominal pain with cramps; fever; and rectal
bleeding. There is no known cause of inflammatory bowel
disease, or medical cure.
(4) It is estimated that up to 1,400,000 people in the
United States suffer from inflammatory bowel disease, 30
percent of whom are diagnosed during their childhood years.
(5) Children with inflammatory bowel disease miss school
activities because of bloody diarrhea and abdominal pain, and
many adults who had onset of inflammatory bowel disease as
children had delayed puberty and impaired growth and have never
reached their full genetic growth potential.
(6) Inflammatory bowel disease patients are at high risk
for developing colorectal cancer.
(7) The total annual medical costs for inflammatory bowel
disease patients is estimated at more than $2,000,000,000.
SEC. 3. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES; INFLAMMATORY BOWEL DISEASE RESEARCH EXPANSION.
(a) In General.--The Director of the National Institute of Diabetes
and Digestive and Kidney Diseases shall expand, intensify, and
coordinate the activities of the Institute with respect to research on
inflammatory bowel disease, with particular emphasis on the following
areas:
(1) Genetic research on susceptibility for inflammatory
bowel disease, including the interaction of genetic and
environmental factors in the development of the disease.
(2) Research targeted to increase knowledge about the
causes and complications of inflammatory bowel disease in
children.
(3) Animal model research on inflammatory bowel disease,
including genetics in animals.
(4) Clinical inflammatory bowel disease research, including
clinical studies and treatment trials.
(5) Expansion of the Institute's Inflammatory Bowel Disease
Centers program with a focus on pediatric research.
(6) Other research initiatives identified by the scientific
document entitled ``Challenges in Inflammatory Bowel Disease''
and the research agenda for pediatric gastroenterology,
hepatology, and nutrition entitled ``Chronic Inflammatory Bowel
Disease''.
(b) Authorization of Appropriations.--
(1) In general.--For the purpose of carrying out subsection
(a), there are authorized to be appropriated $80,000,000 for
fiscal year 2008, $90,000,000 for fiscal year 2009, and
$100,000,000 for fiscal year 2010.
(2) Reservation.--Of the amounts authorized to be
appropriated under paragraph (1), not more than 20 percent
shall be reserved for the training of qualified health
professionals in biomedical research focused on inflammatory
bowel disease, including pediatric investigators.
SEC. 4. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317S the following:
``SEC. 317T. PEDIATRIC INFLAMMATORY BOWEL DISEASE REGISTRY.
``(a) Establishment.--
``(1) In general.--Not later than 6 months after the
receipt of the report described in subsection (b)(3), the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention and in consultation with a
national voluntary patient organization with experience serving
the population of individuals with pediatric inflammatory bowel
disease and organizations representing physicians and other
health professionals specializing in the treatment of this
population, shall--
``(A) develop a system to collect data on pediatric
IBD; and
``(B) establish a national registry, to be known as
the National Pediatric IBD Registry, for the collection
and storage of such data.
``(2) Purposes of registry.--The National Pediatric IBD
Registry--
``(A) shall include a population-based registry of
cases of pediatric IBD in the United States;
``(B) shall be used to gather data concerning--
``(i) pediatric IBD, including the
incidence and prevalence of pediatric IBD in
the United States;
``(ii) the genetic and environmental
factors that may be associated with pediatric
IBD;
``(iii) the age, race or ethnicity, gender,
and family history of individuals who are
diagnosed with pediatric IBD;
``(iv) treatment approaches and outcomes;
and
``(v) other matters as recommended by the
Advisory Committee established under subsection
(b); and
``(C) shall be used to establish a secure method to
put patients in contact with scientists studying the
environmental and genetic causes of pediatric IBD or
conducting clinical trials on pediatric IBD.
``(b) Advisory Committee.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of this section, the Secretary, acting through
the Director of the Centers for Disease Control and Prevention,
shall establish a committee to be known as the Advisory
Committee on Pediatric Inflammatory Bowel Disease.
``(2) Members.--The members of the Advisory Committee shall
be appointed by the Secretary, acting through the Director of
the Centers for Disease Control and Prevention, and shall
include at least one representative of each of the following:
``(A) A national voluntary patient organization
that focuses on pediatric IBD and has demonstrated
experience in pediatric IBD research, care, and patient
services.
``(B) A professional pediatric gastroenterology
organization with expertise in pediatric research,
care, and patient services.
``(C) The National Institutes of Health.
``(D) If recommended by the Director of the
National Institutes of Health--
``(i) the National Institute of Diabetes
and Digestive and Kidney Diseases;
``(ii) the National Institute of Allergy
and Infectious Diseases;
``(iii) the National Institute of Child
Health and Human Development; and
``(iv) any other appropriate national
research institute or national center.
``(E) The Centers for Disease Control and
Prevention.
``(F) Pediatric gastroenterologists and other
clinicians who have experience with data registries.
``(G) Epidemiologists who have experience with data
registries.
``(H) Geneticists or experts in genetics who have
experience with the genetics of pediatric IBD.
``(I) Other individuals with an interest in
developing and maintaining the National Pediatric IBD
Registry.
``(3) Study.--The Advisory Committee shall conduct a study
and make recommendations on--
``(A) the development and maintenance of the
National Pediatric IBD Registry;
``(B) the type of information to be collected and
stored in the Registry;
``(C) the manner in which such data is to be
collected; and
``(D) the use and availability of such data
including guidelines for such use.
``(4) Report.--Not later than 6 months after the date on
which the Advisory Committee is established, the Advisory
Committee shall submit a report to the Secretary and the
Congress on the results of the study conducted under paragraph
(3), including the recommendations of the Advisory Committee
with respect to such results.
``(c) Grants.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may award grants to, and
enter into contracts and cooperative agreements with, public or private
nonprofit entities for the collection, analysis, and reporting of data
on pediatric IBD.
``(d) Coordination With Existing Registries and Data
Repositories.--
``(1) In general.--In establishing the National Pediatric
IBD Registry under subsection (a), the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, shall identify, build upon, expand, and coordinate
among existing public and private surveillance systems, and
registries concerning pediatric IBD.
``(2) Coordination with nih.--The Secretary shall ensure
that epidemiological and other types of information obtained
under subsection (a) are made available to the National
Institutes of Health.
``(e) Definitions.--In this section:
``(1) The term `Advisory Committee' means the Advisory
Committee on Pediatric Inflammatory Bowel Disease established
under subsection (b).
``(2) The terms `national research institute' and `national
center' have the meanings given to those terms in section
401(g).
``(3) The term `national voluntary patient organization'
means a national non-profit patient organization with chapters
in States throughout the United States.
``(4) The term `pediatric IBD' means pediatric inflammatory
bowel disease.
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for fiscal year 2008
and such sums as may be necessary for each of fiscal years 2009 and
2010.''.
SEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION; NATIONAL
INFLAMMATORY BOWEL DISEASE ACTION PLAN.
(a) In General.--
(1) Preparation of plan.--The Director of the Centers for
Disease Control and Prevention, in consultation with the
inflammatory bowel disease community, shall prepare a
comprehensive plan to address the burden of inflammatory bowel
disease in both adult and pediatric populations (which plan
shall be designated by the Director as the ``National
Inflammatory Bowel Disease Action Plan'').
(2) Report to congress.--Not later than 12 months after the
date of the enactment of this Act, the Director of the Centers
for Disease Control and Prevention shall submit the Plan
referred to in paragraph (1) to the Committee on Energy and
Commerce and the Committee on Appropriations of the House of
Representatives and to the Committee on Health, Education,
Labor and Pensions and the Committee on Appropriations of the
Senate.
(b) Content.--
(1) In general.--The National Inflammatory Bowel Disease
Action Plan shall address strategies for determining the unique
demographic, geographic, and environmental-exposure
characteristics of the inflammatory bowel disease population
through the expansion of appropriate epidemiological
activities.
(2) Certain requirements.--The Plan referred to in
paragraph (1) shall--
(A) focus on strategies for increasing awareness
about inflammatory bowel disease within the general
public and the health care community in order to
facilitate more timely and accurate diagnoses; and
(B) address mechanisms designed to prevent the
progression of the disease and the development of
complications, such as colorectal cancer, and other
strategies and activities as deemed appropriate.
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $750,000 for
fiscal year 2008. | Inflammatory Bowel Disease Research Enhancement Act - Requires the Director of the National Institute of Diabetes and Digestive and Kidney Diseases to expand, intensify, and coordinate the Institute's research activities on inflammatory bowel disease, with an emphasis on: (1) genetic research on susceptibility for inflammatory bowel disease; (2) research targeted to increase knowledge about the causes and complications of inflammatory bowel disease in children; (3) animal model research; (4) clinical research; (5) expansion of the Institute's Inflammatory Bowel Disease Centers program with a focus on pediatric research; and (6) other research initiatives identified in specified documents.
Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop a system to collect data on pediatric inflammatory bowel disease; (2) establish the National Pediatric IBD Registry; and (3) establish the Advisory Committee on Pediatric Inflammatory Bowel Disease to study and make recommendations relating to the Registry.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to prepare a National Inflammatory Bowel Disease Action Plan to: (1) address the burden of inflammatory bowel disease in both adult and pediatric populations; (2) address strategies for determining the unique demographic, geographic, and environmental-exposure characteristics of the inflammatory bowel disease population; (3) focus on strategies for increasing awareness about the disease within the general public and the health care community; and (4) address mechanisms designed to prevent the progression of the disease and the development of complications. | {"src": "billsum_train", "title": "To expand the research, prevention, and awareness activities of the National Institute of Diabetes and Digestive and Kidney Diseases and the Centers for Disease Control and Prevention with respect to inflammatory bowel disease, and for other purposes."} | 2,501 | 343 | 0.65439 | 1.954002 | 0.880142 | 5.277955 | 7.319489 | 0.971246 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers and Parents at the Table
Act''.
SEC. 2. TEACHER ADVISORY COMMITTEE.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by inserting after section 1004 (20 U.S.C. 6304)
the following:
``SEC. 1005. TEACHER ADVISORY COMMITTEE.
``(a) Findings.--The Congress finds as follows:
``(1) Expert teachers offer an important resource to
policymakers as they can bring their expertise and perspective
from the classroom to inform policy so that positive outcomes
for all students will be maximized.
``(2) State Teachers of the Year represent a valuable
resource with a body of expert knowledge and skill about
instructional practice, 21st century learning, and school
functioning that can be infused into policymaking to promote
better outcomes for prekindergarten, elementary, and secondary
students.
``(3) State Teachers of the Year have been selected by
their communities and States as models of their profession and
represent every State in the Nation and every discipline and
grade level.
``(b) Establishment.--The Secretary shall establish an advisory
committee, to be known as the Teacher Advisory Committee (referred to
in this section as the `Committee').
``(c) Duty.--The duty of the Committee shall be to bring the
perspective of expert teachers to policymakers regarding the
implementation and impact of the Every Student Succeeds Act (Public Law
114-95) and to make policy recommendations.
``(d) Membership.--
``(1) In general.--The membership of the Committee shall
consist of not more than 10 teachers employed in a public
elementary school and not more than 10 teachers employed in a
public secondary school who--
``(A) are past or present finalists or State
Teachers of the Year, or are nominated from
organizations representing teachers and have
demonstrated similar evidence of expertise;
``(B) have experience working with educational
policy;
``(C) have a demonstrated history of working as a
teacher leader in the policy arena; and
``(D) have submitted an application to the
Secretary to serve on the Committee.
``(2) List; appointment.--The Secretary shall compile a
list of teachers submitting applications under paragraph
(1)(D). The members of the Committee shall be appointed
sequentially as follows:
``(A) The Secretary shall appoint 4 teachers from
the list.
``(B) The Majority Leader of the Senate shall
appoint 4 teachers from the list.
``(C) The Minority Leader of the Senate shall
appoint 4 teachers from the list.
``(D) The Speaker of the House of Representatives
shall appoint 4 teachers from the list.
``(E) The Minority Leader of the House of
Representatives shall appoint 4 teachers from the list.
``(3) Special requirements.--
``(A) Finalists or state teachers of the year.--Not
less than half of the members of the Committee shall be
past or present finalists or State Teachers of the
Year.
``(B) Representation requirement.--The members of
the Committee shall represent the diversity of the
teaching workforce from multiple geographic, grade
level, and specialty areas (such as English Language
Learners, high ability, et al.).
``(4) Term.--Each member of the Committee shall serve on
the Committee for a 3-year term.
``(e) Annual Report.--
``(1) In general.--The Committee shall submit to Congress
and the Secretary--
``(A) 2 reports per year on the monitoring carried
out under subsection (c); and
``(B) on a quarterly basis, updates on such
monitoring.
``(2) Contents of report.--The reports submitted under
paragraph (1) shall provide the perspective of members of the
Committee and surveys of teachers in the networks represented
on the Committee on not more than 3 topics per year determined
by the Committee in consultation with policymakers; such topics
might include--
``(A) testing and assessment;
``(B) the equitable distribution of teachers;
``(C) the diversity of the teaching workforce;
``(D) the Every Student Succeeds Act (Public Law
114-95) in rural schools; and
``(E) other topics of relevance determined by the
Committee in consultation with policymakers and members
of other Department school and family engagement
fellowships (such as the School Ambassadors Program).
``(f) Federal Advisory Committee Act Applicability.--The provisions
of the Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C.
App.) shall apply to the Committee.
``(g) Compensation.--
``(1) In general.--Each member of the Committee 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 Committee.
``(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Committees, members of the Committee 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.
``(h) Additional Requirements.--The following additional
requirements shall apply to the Committee:
``(1) The Committee shall meet in person at least once per
year for deliberation.
``(2) The Committee shall be available for consultation
with officials at the Department and the authorizing Committees
of Congress regarding the contents of the reports submitted
under subsection (e) .
``(i) Definition.--In this section, the term `State Teacher of the
Year' means any person who has been recognized as a State Teacher of
the Year by the Council of Chief State School Officers.
``(j) Authorization of Funds.--Of the amounts appropriated to, and
available at the discretion of, the Secretary for programmatic and
administrative expenditures for fiscal years 2018 through 2022, a total
of $500,000 shall be used to establish and carry out the functions of
the Committee established under this section.''.
SEC. 3. PARENTS AND FAMILIES ADVISORY COMMITTEE.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), as amended by section 2 of this Act, is further amended by
inserting after section 1005 (as added by such section 2) the
following:
``SEC. 1006. PARENTS AND FAMILIES ADVISORY COMMITTEE.
``(a) Findings.--The Congress finds the following:
``(1) Parents and families have a major influence on their
children's achievement in school and throughout life.
``(2) Parents and family members offer an important
resource to policymakers as they provide a unique perspective
as consumers of our Nation's public schools.
``(3) All parents and family members--regardless of income,
education, or cultural background-- are critical in their
child's learning and development and want their child to reach
their fullest potential.
``(b) Establishment.--The Secretary shall establish an advisory
committee, to be known as the Parents and Families Advisory Committee
(referred to in this section as the `Committee').
``(c) Duties and Focus.--The duty of the Committee shall be to
monitor the effects of this Act on children and families, and review
and analyze implementation of State and local parent and family
engagement policies, school-parent compacts, and other family
engagement activities described in section 1116 and part E of title IV.
``(d) Membership.--
``(1) In general.--The membership of the Committee shall
consist of 10 parents or family members of children enrolled in
a public elementary school and 10 parents or family members of
children enrolled in a public secondary school who--
``(A) have a demonstrated history of parental
involvement and family engagement in schools; and
``(B) have submitted an application to the
Secretary to serve on the Committee.
``(2) List; appointment.--The Secretary shall compile a
list of parents and family members submitting applications
under paragraph (1)(B). The members of the Committee shall be
appointed as follows:
``(A) The Secretary shall appoint 4 parents or
family members from the list.
``(B) The Majority Leader of the Senate shall
appoint 4 parents or family members from the list.
``(C) The Minority Leader of the Senate shall
appoint 4 parents or family members from the list.
``(D) The Speaker of the House of Representatives
shall appoint 4 parents or family members from the
list.
``(E) The Minority Leader of the House of
Representatives shall appoint 4 parents or family
members from the list.
``(3) Representation requirement.--
``(A) In general.--The members of the Committee
shall represent multiple geographic areas and a
diversity of students, and shall include at least one
parent or family member representing each of the
following student groups:
``(i) Economically disadvantaged students.
``(ii) Students from major racial and
ethnic groups.
``(iii) Children with disabilities.
``(iv) English learners.
``(v) Students who are members of an Indian
tribe or tribal organization, as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(B) Special consideration.--Consideration should
also be given to representation of students' gender
identity, migrant status, and residence in rural areas
in the appointment of members of the Committee.
``(4) Advisors.--If requested by the Committee, the
Secretary may provide access to not more than 5 research
advisors to the Committee, such as researchers, practitioners
or representatives from national nonprofit organizations with
expertise in family engagement in education, to provide
evidence-based information and materials.
``(5) Term.--Each member of the Committee shall serve on
the Committee for a 3-year term.
``(e) Annual Report.--
``(1) In general.--The Committee shall submit to Congress
and the Secretary--
``(A) on an annual basis, a report and policy
recommendations on the review and analysis carried out
under subsection (c); and
``(B) on a quarterly basis, updates on such review
and analysis.
``(2) Contents of report.--The report submitted under
paragraph (1) shall provide the perspective of parents and
families on not more than 3 topics per year determined by the
Committee. Such topics may include the following:
``(A) The effects of this Act on parental
involvement and family engagement in education,
including schools and classrooms.
``(B) Direction for State education authorities and
local education authorities for implementing written
family engagement policies under section 1116 and part
E of title IV.
``(C) Recommendations for strengthening family
engagement policy and implementation in order to meet
the goals of section 1116 and part E of title IV.
``(f) Federal Advisory Committee Act Applicability.--The provisions
of the Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C.
App.) shall apply to the Committee.
``(g) Compensation.--
``(1) In general.--Each member of the Committee 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 Committee.
``(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Committees, members of the Committee 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.
``(h) Additional Requirements.--The following additional
requirements shall apply to the Committee:
``(1) The Committee shall meet in person at least once per
year for deliberation.
``(2) The Committee shall be available for consultation
with officials at the Department and the authorizing Committees
of Congress regarding the contents of the reports submitted
under subsection (e) .
``(i) Definitions.--In this section:
``(1) The term `family engagement' means a shared
responsibility of families and schools for student success--
``(A) in which schools and community-based
organizations are committed to reaching out to engage
families in meaningful ways and families are committed
actively to support their children's learning and
development;
``(B) that is continuous from birth through young
adulthood; and
``(C) that reinforces learning that takes place in
the home, school, and community.
``(2) The term `parental involvement' means the
participation of parents or family members in regular, two-way,
and meaningful communication involving student academic
learning and other school activities, including ensuring--
``(A) that parents or family members play an
integral role in assisting their child's learning;
``(B) that parents or family members are encouraged
to be actively involved in their child's education at
school;
``(C) that parents or family members are full
partners in their child's education and are included,
as appropriate, in decisionmaking and on advisory
committees to assist in the education of their child;
and
``(D) the carrying out of other activities, such as
those described in section 1116.
``(j) Authorization of Funds.--Of the amounts appropriated to, and
available at the discretion of, the Secretary for programmatic and
administrative expenditures for fiscal years 2018 through 2022, a total
of $500,000 shall be used to establish and carry out the functions of
the Committee established under this section.''. | Teachers and Parents at the Table Act This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish: (1) a Teacher Advisory Committee to monitor the effects of the ESEA in classrooms, and (2) a Parents and Families Advisory Committee to monitor the effects of the ESEA on children and families and to review and analyze the implementation of various family engagement activities. | {"src": "billsum_train", "title": "Teachers and Parents at the Table Act"} | 3,142 | 82 | 0.41153 | 1.033493 | 0.724597 | 3.426667 | 39.773333 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Medication Access for
Veterans Act''.
SEC. 2. ELIGIBILITY OF MEDICARE-ELIGIBLE VETERANS FOR OUT-PATIENT
MEDICATION BENEFIT.
(a) Restatement of Current Law on Drugs and Medications and
Provision of Out-Patient Medication Benefit.--Chapter 17 of title 38,
United States Code, is amended by inserting after section 1710B the
following new section:
``Sec. 1710C. Drugs and medications; vaccines
``(a)(1) The Secretary shall furnish to each veteran who is
receiving additional compensation or allowance under chapter 11 of this
title, or increased pension as a veteran of a period of war, by reason
of being permanently housebound or in need of regular aid and
attendance, such drugs and medicines (subject to subsection (d)) as may
be ordered on prescription of a duly licensed physician as specific
therapy in the treatment of any illness or injury suffered by such
veteran.
``(2) The Secretary shall continue to furnish such drugs and
medicines ordered under paragraph (1) to any such veteran in need of
regular aid and attendance whose pension payments have been
discontinued solely because such veteran's annual income is greater
than the applicable maximum annual income limitation, but only so long
as such veteran's annual income does not exceed such maximum annual
income limitation by more than $1,000.
``(b)(1) Any medicare-eligible veteran may elect to be furnished by
the Secretary, on an out-patient basis, such drugs and medicines
(subject to subsection (d)) as may be ordered on prescription of a duly
licensed physician as specific therapy in the treatment of any illness
or injury suffered by such veteran.
``(2) In this subsection, the term `medicare-eligible veteran'
means any veteran who--
``(A) is entitled to or enrolled in hospital insurance
benefits under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.); or
``(B) is enrolled in the supplementary medical insurance
program under part B of such title (42 U.S.C. 1395j et seq.).
``(3) The Secretary shall furnish to any veteran who makes an
election under paragraph (1), on an out-patient basis, such drugs and
medicines as may be ordered on prescription of a duly licensed
physician as specific therapy in the treatment of any illness or injury
suffered by such veteran.
``(4)(A) Notwithstanding any other provision of law and except as
provided in subparagraph (B), a veteran who makes an election under
paragraph (1) shall not be eligible for care and services under this
chapter during the year covered by the election.
``(B) Subparagraph (A) shall not apply with respect to any veteran
who has a compensable service-connected disability.
``(5) The furnishing of drugs and medicines under this subsection
shall be subject to the provisions of section 1722A(b) of this title.
``(6)(A) An election under paragraph (1) shall be for a calendar
year, and shall be irrevocable for the year covered by such election.
An election may be renewed.
``(B) The Secretary shall prescribe the form, manner, and timing of
an election.
``(7) Before permitting a veteran to make an election under
paragraph (1), the Secretary shall provide the veteran such educational
materials and other information on the furnishing and receipt of drugs
and medicines under this subsection as the Secretary considers
appropriate to inform the veteran of the benefits and costs of being
furnished drugs and medicines under this subsection, including
materials and information on the consequences of making an election
under paragraph (1) and on the fees, copayments, or other amounts
required under section 1722A(b) of this title for drugs and medicines
furnished under this subsection.
``(c)(1) In order to assist the Secretary of Health and Human
Services in carrying out national immunization programs under other
provisions of law, the Secretary may authorize the administration of
immunizations to eligible veterans who voluntarily request such
immunizations in connection with the provision of care for a disability
under this chapter in any Department health care facility.
``(2) Any immunization under paragraph (1) shall be made using
vaccine furnished by the Secretary of Health and Human Services at no
cost to the Department. For such purpose, notwithstanding any other
provision of law, the Secretary of Health and Human Services may
provide such vaccine to the Department at no cost.
``(3) Section 7316 of this title shall apply to claims alleging
negligence or malpractice on the part of Department personnel granted
immunity under such section.
``(d) Drugs and medicines may be furnished under subsections (a)
and (b) only if included on the National Prescription Drug Formulary of
the Department, except that the Secretary may authorize the furnishing
of a drug or medicine not included on that formulary under such
circumstances as the Secretary determines warranted.''.
(b) Copayment Requirements.--
(1) In general.--Section 1722A of such title is amended--
(A) in subsection (a)(1), by inserting ``(other
than a veteran covered by subsection (b))'' after
``require a veteran'';
(B) by redesignating subsections (b), (c), and (d),
as subsections (c), (d), and (e), respectively; and
(C) by inserting after subsection (a) the following
new subsection (b):
``(b)(1) In the case of a veteran who is furnished medications on
an out-patient basis under section 1710C(b) of this title, the
Secretary shall require the veteran to pay, at the election of the
Secretary, one or more of the following:
``(A) An annual enrollment fee in an amount determined
appropriate by the Secretary.
``(B) A copayment for each 30-day supply of such
medications in an amount determined appropriate by the
Secretary.
``(C) An amount equal to the cost to the Secretary of such
medications, as determined by the Secretary.
``(2)(A) In determining the amounts to be paid by a veteran under
paragraph (1), and the basis of payment under one or more subparagraphs
of that paragraph, the Secretary shall ensure that the total amount
paid by veterans for medications under that paragraph in a year is not
less than the costs of the Department in furnishing medications to
veterans under section 1710C(b) of this title during that year,
including the cost of purchasing and furnishing medications, and other
costs of administering that section.
``(B) The Secretary shall take appropriate actions to ensure, to
the maximum extent practicable, that amounts paid by veterans under
paragraph (1) in a year are equal to the costs of the Department
referred to in subparagraph (A) in that year.
``(3) In determining amounts under paragraph (1), the Secretary may
take into account the following:
``(A) Whether or not the medications furnished are generic
medications or brand name medications.
``(B) Whether or not the medications are furnished by mail.
``(C) Any other matters the Secretary considers
appropriate.
``(4) The Secretary may from time to time adjust any amount
determined by the Secretary under paragraph (1), as previously adjusted
under this paragraph, in order to meet the purpose specified in
paragraph (2).''.
(2) Cross reference amendments.--Subsection (d) of such
section, as redesignated by paragraph (1)(B), is amended--
(A) by striking ``subsection (a)'' and inserting
``subsections (a) and (b)''; and
(B) by striking ``subsection (b)'' and inserting
``subsection (c)''.
(3) Deposit of collections in medical care collections
fund.--Paragraph (4) of section 1729A(b) of such title is
amended to read as follows:
``(4) Subsection (a) or (b) of section 1722A of this
title.''.
(c) Conforming Amendments.--
(1) Enrollment ineligibility.--Section 1707 of such title
is amended by adding at the end the following new subsection:
``(c) Notwithstanding any other provision of law, a veteran who
makes an election authorized by section 1710C(b) of this title (other
than a veteran covered by paragraph (4)(B) of that section) shall not,
for the period of such election, be eligible for care and services
under this chapter, except as provided in that section.''.
(2) Repeal of restated provisions.--Section 1712 of such
title is amended by striking subsections (d) and (e).
(d) Clerical Amendments.--
(1) Section heading.--The heading for section 1712 of such
title is amended to read as follows:
``Sec. 1712. Dental care''.
(2) Table of sections.--The table of sections at the
beginning of chapter 17 of such title is amended--
(A) by inserting after the item relating to section 1710B
the following new item:
``1710C. Drugs and medications; vaccines.'';
and
(B) by striking the item relating to section 1712 and
inserting the following new item:
``1712. Dental care.''. | Improving Medication Access for Veterans Act - Directs the Secretary of Veterans Affairs to furnish certain prescribed drugs and medicines (i.e., only drugs and medicines included on the National Prescription Drug Formulary of the Department of Veterans Affairs) as specific therapy in the treatment of any illness or injury suffered by each veteran who is receiving additional compensation or allowance due to a service-connected disability, or an increased pension as a veteran of a period of war, by reason of being permanently housebound or in need of regular aid and attendance.
Allows any Medicare-eligible veteran to elect to be furnished by the Secretary, on an outpatient basis, such drugs and medicines as specific therapy for any illness or injury suffered by the veteran. Requires such election to last for a calendar year and be irrevocable. Allows for election renewal. Requires appropriate information to be furnished to each veteran prior to making an election.
Authorizes the Secretary to administer immunizations to veterans who voluntarily request such immunizations in connection with care for a disability in a Department of Veterans Affairs health care facility.
Provides for appropriate copayments for the drugs and medicines received by veterans under this Act. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to permit Medicare-eligible veterans to receive an out-patient medication benefit, to provide that certain veterans who receive such benefit are not otherwise eligible for medical care and services from the Department of Veterans Affairs, and for other purposes."} | 2,062 | 259 | 0.671416 | 1.806873 | 0.774939 | 4.311927 | 8.990826 | 0.908257 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Clean and Safe Water Fund
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Administrator of the Environmental Protection
Agency has determined that more than 40 percent of the assessed
water of the United States does not meet applicable water
quality standards established by States, territories, and
Indian tribes;
(2) the water described in paragraph (1) includes
approximately 300,000 miles of rivers and shorelines, and
approximately 5,000,000 acres of lakes, that are polluted by
sediments, excess nutrients, and harmful microorganisms;
(3) Congress enacted--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) to maintain the chemical,
physical, and biological integrity of water of the
United States; and
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.) to protect public health by regulating the public
drinking water supply of the United States;
(4) because criminal, civil, and administrative penalties
assessed under the Acts referred to in paragraph (3) are
returned to the Treasury, those amounts are not available to
protect, preserve, or enhance the quality of water in
watersheds in which violations of those Acts occur; and
(5) the establishment of a national clean and safe water
fund would help States in achieving the goals described in
paragraph (1) by providing funding to protect and improve
watersheds and aquifers.
SEC. 3. NATIONAL CLEAN AND SAFE WATER FUND.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
``(h) National Clean and Safe Water Fund.--
``(1) Establishment.--There is established in the Treasury
a fund to be known as the `National Clean and Safe Water Fund'
(referred to in this subsection as the `Fund') consisting of
amounts transferred to the Fund under paragraph (2) and amounts
credited to the Fund under paragraph (3).
``(2) Transfer of amounts.--Notwithstanding any other
provision of law, for fiscal year 2003 and each fiscal year
thereafter, the Secretary of the Treasury shall transfer to the
Fund an amount determined by the Secretary to be equal to the
total amount deposited in the general fund of the Treasury in
the preceding fiscal year from fines, penalties, and other
funds collected as a result of enforcement actions brought
under this section, section 505(a)(1), or the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), excluding any amounts
ordered to be used to carry out projects in accordance with
subsection (d).
``(3) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest in interest-bearing obligations of the
United States such portion of the Fund as is not, in
the judgment of the Secretary, required to meet current
withdrawals.
``(B) Administration.--The obligations shall be
acquired and sold and interest on, and the proceeds
from the sale or redemption of, the obligations shall
be credited to the Fund in accordance with section 9602
of the Internal Revenue Code of 1986.
``(4) Use of amounts for water quality projects.--
``(A) In general.--Amounts in the Fund shall be
available to the Administrator, subject to
appropriation, to carry out projects the primary
purpose of which is water quality maintenance or
improvement, including--
``(i) water conservation projects;
``(ii) wetland protection and restoration
projects;
``(iii) contaminated sediment projects;
``(iv) drinking water source protection
projects;
``(v) projects consisting of best
management practices that reduce pollutant
loads in an impaired or threatened body of
water;
``(vi) decentralized stormwater or
wastewater treatment projects, including low-
impact development practices;
``(vii) projects consisting of conservation
easements or land acquisition for water quality
protection;
``(viii) projects consisting of
construction or maintenance of stream buffers;
``(ix) projects for planning, design, and
construction of treatment works to remediate or
control combined or sanitary sewer overflows;
and
``(x) such other similar projects as the
Administrator determines to be appropriate.
``(B) Limitations on use of funds.--Amounts in the
Fund--
``(i)(I) shall be used only to carry out
projects described in subparagraph (A); and
``(II) shall not be used by the
Administrator to pay the cost of any legal or
administrative expense incurred by the
Administrator (except a legal or administrative
expense relating to administration of the
Fund); and
``(ii) shall be in addition to any amount
made available to carry out projects described
in subparagraph (A) under any other provision
of law.
``(5) Selection of projects.--
``(A) Priority.--In selecting among projects
eligible for assistance under this subsection, the
Administrator shall give priority to a project
described in paragraph (4) that is located in a
watershed in a State in which there has occurred a
violation under this Act or the Safe Drinking Water Act
(42 U.S.C. 300f et seq.) for which an enforcement
action was brought that resulted in the payment of an
amount into the general fund of the Treasury.
``(B) Selection criteria.--The Administrator, in
consultation with the United States Geological Survey
and other appropriate agencies, shall establish
criteria that maximize water quality improvement in
watersheds and aquifers for use in selecting projects
to carry out under this subsection.
``(C) Coordination with states.--In selecting a
project to carry out under this subsection, the
Administrator shall coordinate with the State in which
the Administrator is considering carrying out the
project.
``(6) Implementation.--
``(A) In general.--Subject to subparagraph (B), the
Administrator may carry out a project under this
subsection making grants to--
``(i) another Federal agency;
``(ii) a State agency;
``(iii) a political subdivision of a State;
``(iv) a publicly-owned treatment works;
``(v) a nonprofit entity;
``(vi) a public water system (as defined in
section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f));
``(vii) a Federal interstate water compact
commission;
``(viii) an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)); or
``(ix) a Native Hawaiian (as defined in
section 12 of the Native Hawaiian Health Care
Improvement Act (42 U.S.C. 11710)).
``(B) Exclusion.--Under subparagraph (A), the
Administrator may not make any grant to or enter into
any contract with any private entity that is subject to
regulation under--
``(i) this Act; or
``(ii) the Safe Drinking Water Act (42
U.S.C. 300f et seq.).
``(7) Report to congress.--Not later than 1 year after the
date of enactment of this subsection and biennially thereafter,
the Administrator shall submit to Congress a report that--
``(A) identifies the projects selected for funding
under this subsection during the period covered by the
report;
``(B) details the selection criteria established
under paragraph (5)(B) that were used to select those
projects;
``(C) describes the ways in which the Administrator
coordinated with States under paragraph (5)(C) in
selecting those projects; and
``(D) describes the priorities for use of funds
from the Fund in future years in order to achieve water
quality goals in bodies of impaired or threatened
water.
``(8) No effect on obligation to comply.--Nothing in this
subsection affects the obligation of any person subject to this
Act or the Safe Drinking Water Act (42 U.S.C. 300f et seq.) to
comply with either of those Acts.''.
SEC. 4. USE OF CIVIL PENALTIES FOR REMEDIAL PROJECTS.
(a) In General.--Section 309(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1319(d)) is amended by inserting after the
second sentence the following: ``The court may order that a civil
penalty assessed under this Act or the Safe Drinking Water Act (42
U.S.C. 300f et seq.) (other than a civil penalty that would otherwise
be deposited in the Oil Spill Liability Trust Fund under section 9509
of the Internal Revenue Code of 1986) be used to carry out 1 or more
projects in accordance with clauses (i) through (iv) of subsection
(h)(4)(A).''.
(b) Conforming Amendment.--Section 505(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1365(a)) is amended in the last
sentence by inserting before the period at the end the following: ``,
including ordering the use of a civil penalty for carrying out projects
in accordance with section 309(d)''. | National Clean and Safe Water Fund Act of 2003 - Amends the Federal Water Pollution Control Act to establish a National Clean and Sage Water Fund to carry out water quality projects.
Grants priority to projects located in a watershed in a State where there has been a violation of that Act or the Safe Drinking Water Act.
Permits the use of civil penalties assessed under that Act or the Safe Drinking Water Act to be used for these remedial projects. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to establish a National Clean and Sage Water Fund and to authorize the Administrator of the Environmental Protection Agency to use amounts in the Fund to carry out projects to promote the recovery of waters of the United States from damage resulting from violations of that Act and the Safe Drinking Water Act, and for other purposes."} | 2,096 | 100 | 0.477939 | 1.265953 | 0.924498 | 3.488372 | 22.139535 | 0.930233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Pediatric Research Network
Act of 2012''.
SEC. 2. NATIONAL PEDIATRIC RESEARCH NETWORK.
Section 409D of the Public Health Service Act (42 U.S.C. 284h;
relating to the Pediatric Research Initiative) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
``(d) National Pediatric Research Network.--
``(1) Network.--In carrying out the Initiative, the
Director of NIH, acting through the Director of the Eunice
Kennedy Shriver National Institute of Child Health and Human
Development and in collaboration with other appropriate
national research institutes and national centers that carry
out activities involving pediatric research, may provide for
the establishment of a National Pediatric Research Network
consisting of the pediatric research consortia receiving awards
under paragraph (2).
``(2) Pediatric research consortia.--
``(A) In general.--The Director of the Institute
may award funding, including through grants and
contracts, to public or private nonprofit entities--
``(i) for planning, establishing, or
strengthening pediatric research consortia; and
``(ii) for providing basic operating
support for such consortia, including with
respect to--
``(I) basic, clinical, behavioral,
or translational research to meet unmet
needs for pediatric research; and
``(II) training researchers in
pediatric research techniques.
``(B) Research.--The Director of NIH shall ensure
that--
``(i) each consortium receiving an award
under subparagraph (A) conducts or supports at
least one category of research described in
subparagraph (A)(ii)(I) and collectively such
consortia conduct or support all such
categories of research; and
``(ii) one or more such consortia provide
training described in subparagraph (A)(ii)(II).
``(C) Number of consortia.--The Director of NIH may
make awards under this paragraph for not more than 20
pediatric research consortia.
``(D) Organization of consortium.--Each consortium
receiving an award under subparagraph (A) shall--
``(i) be formed from a collaboration of
cooperating institutions;
``(ii) be coordinated by a lead
institution; and
``(iii) meet such requirements as may be
prescribed by the Director of NIH.
``(E) Supplement, not supplant.--Any support
received by a consortium under subparagraph (A) shall
be used to supplement, and not supplant, other public
or private support for activities authorized to be
supported under this paragraph.
``(F) Duration of support.--Support of a consortium
under subparagraph (A) may be for a period of not to
exceed 5 years. Such period may be extended by the
Director of NIH for additional periods of not more than
5 years.
``(3) Coordination of consortia activities.--The Director
of NIH shall--
``(A) as appropriate, provide for the coordination
of activities (including the exchange of information
and regular communication) among the consortia
established pursuant to paragraph (2); and
``(B) require the periodic preparation and
submission to the Director of reports on the activities
of each such consortium.
``(e) Research on Pediatric Rare Diseases or Conditions.--
``(1) In general.--In making awards under subsection (d)(2)
for pediatric research consortia, the Director of NIH shall
ensure that an appropriate number of such awards are awarded to
such consortia that agree to--
``(A) focus primarily on pediatric rare diseases or
conditions (including any such diseases or conditions
that are genetic disorders (such as spinal muscular
atrophy and Duchenne muscular dystrophy) or are related
to birth defects (such as Down syndrome and fragile
X));
``(B) conduct or coordinate one or more multisite
clinical trials of therapies for, or approaches to, the
prevention, diagnosis, or treatment of one or more
pediatric rare diseases or conditions; and
``(C) rapidly and efficiently disseminate
scientific findings resulting from such trials.
``(2) Data coordinating center.--
``(A) Establishment.--In connection with support of
consortia described in paragraph (1), the Director of
NIH shall establish a data coordinating center for the
following purposes:
``(i) To distribute the scientific findings
referred to in paragraph (1)(C).
``(ii) To provide assistance in the design
and conduct of collaborative research projects
and the management, analysis, and storage of
data associated with such projects.
``(iii) To organize and conduct multisite
monitoring activities.
``(iv) To provide assistance to the Centers
for Disease Control and Prevention in the
establishment or expansion of patient
registries and other surveillance systems.
``(B) Reporting.--The Director of NIH shall--
``(i) require the data coordinating center
established under subparagraph (A) to provide
regular reports to the Director of NIH and the
Commissioner of Food and Drugs on research
conducted by consortia described in paragraph
(1), including information on enrollment in
clinical trials and the allocation of resources
with respect to such research; and
``(ii) as appropriate, incorporate
information reported under clause (i) into the
Director's biennial reports under section
403.''.
Passed the House of Representatives September 19, 2012.
Attest:
KAREN L. HAAS,
Clerk. | National Pediatric Research Network Act of 2012 - Amends the Public Health Service Act to authorize the Director of the National Institutes of Health (NIH), in carrying out the Pediatric Research Initiative, to act through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development to provide for the establishment of a National Pediatric Research Network.
Authorizes the Director of the Institute to award funding to public or private nonprofit entities for: (1) planning, establishing, or strengthening pediatric research consortia; and (2) providing basic operating support for such consortia, including to meet unmet needs for pediatric research and train researchers in pediatric research techniques. Authorizes the Director of NIH to make awards for not more than 20 pediatric research consortia, which are to be formed from a collaboration of cooperating institutions, coordinated by a lead institution, and meet requirements prescribed by the Director of NIH. Allows such support to be for a period of five years with additional extensions by the Director of NIH.
Requires the Director of NIH to provide for the coordination of activities among the consortia and to require the periodic preparation and submission of reports on their activities.
Requires the Director of NIH to ensure that an appropriate number of such awards are awarded to consortia that agree to: (1) focus primarily on pediatric rare diseases or conditions; (2) conduct or coordinate multi-site clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of pediatric rare diseases or conditions; and (3) rapidly and efficiently disseminate scientific findings from such trials.
Requires the Director of NIH to establish a data coordinating center to: (1) distribute such findings; (2) provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects; (3) organize and conduct multi-site monitoring activities; and (4) provide assistance to the Centers for Disease Control and Prevention (CDC) in the establishment or expansion of patient registries and other surveillance systems.
Requires the Director of NIH to: (1) require the data coordinating center to provide regular reports to the Director of NIH and the Commissioner of Food and Drugs (FDA) on research conducted by consortia, including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (2) incorporate such information into NIH's biennial reports. | {"src": "billsum_train", "title": "To amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions."} | 1,259 | 522 | 0.748934 | 2.347729 | 0.82745 | 4.328326 | 2.444206 | 0.946352 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hope Act of 2005''.
SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO EDUCATION INVESTMENT
ORGANIZATIONS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by inserting after section 30C the following new section:
``SEC. 30D. CONTRIBUTIONS TO EDUCATION INVESTMENT ORGANIZATIONS.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year the aggregate amount
of qualified contributions for the taxable year.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $100 ($200 in the case of a
joint return).
``(c) Qualified Contributions.--For purposes of this section--
``(1) In general.--The term `qualified contribution' means
a charitable contribution (as defined by section 170(c)) to an
education investment organization.
``(2) Education investment organization.--The term
`education investment organization' means any organization
described in section 170(c)(2) if--
``(A) normally not less than 90 percent of the
annual cash contributions to such organization are
disbursed in the form of grants to students for
qualified elementary and secondary education expenses,
and
``(B) not less than \1/2\ of such disbursements are
to students who are eligible for free or reduced-cost
lunches under the school lunch program established
under the Richard B. Russell National School Lunch Act.
``(3) Qualified elementary and secondary education
expenses.--The term `qualified elementary and secondary
education expenses' has the meaning given such term by section
530(b)(4), except that `child' shall be substituted for
`beneficiary' and `a child' shall be substituted for `the
designated beneficiary of the trust' in clauses (i) and (iii)
of subparagraph (A).
``(4) State credit must be taken first.--
``(A) No credit shall be allowed to a taxpayer
under this section for a taxable year unless, for the
taxable year, the taxpayer is allowed on the taxpayer's
State tax return the minimum State qualified
scholarship tax credit (as defined in section 3 of the
Children's Hope Act of 2003).
``(B) No credit shall be allowed to a taxpayer
under this section for such taxable year for any
contributions that were taken into account for purposes
of such State qualified scholarship tax credit.
``(d) Special Rules.--
``(1) Denial of double benefit.--No deduction shall be
allowed under any provision of this chapter for any expense for
which a credit is allowed under this section.
``(2) Time when contributions deemed made.--For purposes of
this section, a taxpayer shall be deemed to have made a
contribution to an education investment organization on the
last day of the preceding taxable year if the contribution is
made on account of such taxable year and is made not later than
the time prescribed by law for filing the return for such
taxable year (not including extensions thereof).''.
(b) Scholarships From Education Investment Organizations Excluded
From Income.--Section 74 of such Code (relating to prizes and awards)
is amended by adding at the end the following new subsection:
``(d) Scholarships From Education Investment Organizations.--Gross
income does not include amounts received as a scholarship from an
education investment organization (as defined in section 30D(c)(2)) for
qualified elementary and secondary education expenses (as defined in
section 30D(c)(3)). Such scholarship shall not be taken into account
for purposes of determining eligibility for any Federal program.''.
(c) Clerical Amendment.--The table of sections for such subpart B
is amended by inserting after the item relating to section 30C the
following new item:
``Sec. 30D. Contributions to education investment organizations.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. FEDERAL SCHOLARSHIP TAX CREDIT CONDITIONED ON STATE QUALIFIED
SCHOLARSHIP TAX CREDIT.
(a) In General.--For purposes of section 30D(e) of the Internal
Revenue Code of 1986 (as added by section 2 of this Act) a scholarship
tax credit shall not be treated as a State qualified scholarship tax
credit unless the requirements of subsection (b) are met.
(b) Requirements Relating to State Qualified Scholarship Tax
Credit.--
(1) In general.--For purposes of subsection (a), the
requirements of this subsection are met only if--
(A) the tax credit is for an amount of not less
than $250 per taxpayer and is allowed against the State
income tax (property tax for those States that don't
have income tax) for the amount of voluntary cash
contributions made by the taxpayer during the taxable
year to a school tuition organization described in
paragraph (2),
(B) the excess of such credit over tax liability
may be carried forward for not more than five years,
(C) if the taxpayer does not require, as a
condition of the contribution, that the contribution
must benefit a specific child, and
(D) such credit is not allowable for direct
donations to private schools.
(2) School tuition organization.--For purposes of paragraph
(1), a school tuition organization is described in this
paragraph if such organization--
(A) is an organization operating in the State and
is described in section 501(c)(3), and is exempt from
tax under section 501(a), of the Internal Revenue Code
of 1986,
(B) expends at least 90 percent of its annual cash
contributions for educational scholarships or tuition
grants to children to allow them to attend any
qualified school chosen at the sole discretion of their
parents, and
(C) disburses at least 90 percent of its annual
cash contributions within one year of their receipt.
(3) Qualified school.--For purposes of paragraph (2), the
term ``qualified school'' means any elementary school or
secondary school that is located in the State in which the
taxpayer resides and does not discriminate on the basis of
race, color, handicap, familial status, or national origin and
that satisfies the requirements prescribed by State law for
such schools as of December 31, 2004.
(4) Educational scholarships or tuition grants.--The term
``educational scholarship or a tuition grant'' means any
scholarship or grant awarded for qualified elementary and
secondary education expenses (as defined in section 530(b)(4)
of the Internal Revenue Code of 1986).
(c) State.--For purposes of this section, the term ``State'' means
any of the several States. | Children's Hope Act of 2005 - Amends the Internal Revenue Code to allow a tax credit, up to $100 ($200 for joint returns), for charitable contributions to an education investment organization that disburses 90% of its contributions to provide grants to students for elementary and secondary education expenses, if at least 50% of such disbursements go to students who qualify for free or reduced-cost school lunches. Requires a taxpayer claiming such credit to first claim a state qualified scholarship tax credit, as defined by this Act, as a condition of eligibility for the federal tax credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for a credit which is dependent on enactment of State qualified scholarship tax credits and which is allowed against the Federal income tax for charitable contributions to education investment organizations that provide assistance for elementary and secondary education."} | 1,575 | 128 | 0.567952 | 1.468506 | 0.699567 | 2.830357 | 12.401786 | 0.883929 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arapaho and Roosevelt National
Forests Land Exchange Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Certain National Forest System lands near Empire,
Colorado, are needed by the city of Golden, Colorado, to
facilitate the construction of a water pipeline to transport
domestic water supplies into storage for the city and its
residents.
(2) Such National Forest System lands, comprising
approximately 9.84 acres in total, are of limited utility for
public administration or recreation and other use by virtue of
their largely steep terrain, irregular boundary, and lack of
easy public access.
(3) The city of Golden owns, or has an option to purchase,
several parcels of non-Federal land comprising a total of
approximately 141 acres near Evergreen and Argentine Pass,
Colorado, which it is willing to convey to the United States
for addition to the Arapaho and Roosevelt National Forests.
(4) The non-Federal lands owned or optioned by the city of
Golden, if conveyed to the United States, will eliminate
inholdings in the National Forest System, result in
administrative cost savings to the United States by reducing
costs of forest boundary administration, and provide the United
States with environmental and public recreational use benefits
(including enhanced Federal land ownership along the
Continental Divide National Scenic Trail) that greatly exceed
the benefits of the Federal land the United States will convey
in exchange.
(5) It is in the public interest to authorize, direct,
expedite, and facilitate completion of a land exchange
involving these Federal and non-Federal lands to assist the
city of Golden in providing additional water to its residents
and to acquire valuable non-Federal lands for permanent public
use and enjoyment.
SEC. 3. LAND EXCHANGE, ARAPAHO AND ROOSEVELT NATIONAL FORESTS,
COLORADO.
(a) Conveyance by the City of Golden.--
(1) Lands described.--The land exchange directed by this
section shall proceed if, within 30 days after the date of the
enactment of this Act, the city of Golden, Colorado (in the
section referred to as the ``City''), offers to convey title
acceptable to the United States to the following non-Federal
lands:
(A) Certain lands located near the community of
Evergreen in Park County, Colorado, comprising
approximately 80 acres, as generally depicted on a map
entitled ``Non-Federal Lands--Cub Creek Parcel'', dated
June, 2003.
(B) Certain lands located near Argentine Pass in
Clear Creek and Summit Counties, Colorado, comprising
approximately 55.909 acres in 14 patented mining
claims, as generally depicted on a map entitled
``Argentine Pass/Continental Divide Trail Lands'',
dated September 2003.
(2) Conditions of conveyance.--The conveyance of lands
under paragraph (1) to the United States shall be subject to
the absolute right of the City to permanently enter upon,
utilize, and occupy so much of the surface and subsurface of
the lands as may be reasonably necessary to access, maintain,
repair, modify, make improvements in, or otherwise utilize the
Vidler Tunnel to the same extent that the City would have had
such right if the lands had not been conveyed to the United
States and remained in City ownership. The exercise of such
right shall not require the City to secure any permit or other
advance approval from the United States. Upon acquisition by
the United States, such lands are hereby permanently withdrawn
from all forms of entry and appropriation under the public land
laws, including the mining and mineral leasing laws, and the
Geothermal Steam Act of l970 (30 U.S.C. 1001 et seq.).
(b) Conveyance by United States.--Upon receipt of acceptable title
to the non-Federal lands identified in subsection (a), the Secretary of
Agriculture shall simultaneously convey to the City all right, title
and interest of the United States in and to certain Federal lands,
comprising approximately 9.84 acres, as generally depicted on a map
entitled ``Empire Federal Lands--Parcel 12'', dated June 2003.
(c) Equal Value Exchange.--
(1) Appraisal.--The values of the Federal lands identified
in subsection (b) and the non-Federal lands identified in
subsection (a)(1)(A) shall be determined by the Secretary
through appraisals performed in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions (December 20,
2000) and the Uniform Standards of Professional Appraisal
Practice. Except as provided in paragraph (3), the conveyance
of the non-Federal lands identified in subsection (a)(1)(B)
shall be considered a donation for all purposes of law.
(2) Surplus of non-federal value.--If the final appraised
value, as approved by the Secretary, of the non-Federal lands
identified in subsection (a)(1)(A) exceeds the final appraised
value, as approved by the Secretary, of the Federal land
identified in subsection (b), the values may be equalized--
(A) by reducing the acreage of the non-Federal
lands identified in subsection (a) to be conveyed, as
determined appropriate and acceptable by the Secretary
and the City;
(B) the making of a cash equalization payment to
the City, including a cash equalization payment in
excess of the amount authorized by section 206(b) of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)); or
(C) a combination of acreage reduction and cash
equalization.
(3) Surplus of federal value.--If the final appraised
value, as approved by the Secretary, of the Federal land
identified in subsection (b) exceeds the final appraised value,
as approved by the Secretary, of the non-Federal lands
identified in subsection (a)(1)(A), the Secretary shall prepare
a statement of value for the non-Federal lands identified in
subsection (a)(1)(B) and utilize such value to the extent
necessary to equalize the values of the non-Federal lands
identified in subsection (a)(1)(A) and the Federal land
identified in subsection (b). If the Secretary declines to
accept the non-Federal lands identified in subsection (a)(1)(B)
for any reason, the City shall make a cash equalization payment
to the Secretary as necessary to equalize the values of the
non-Federal lands identified in subsection (a)(1)(A) and the
Federal land identified in subsection (b).
(d) Exchange Costs.--To expedite the land exchange under this
section and save administrative costs to the United States, the City
shall be required to pay for--
(1) any necessary land surveys; and
(2) the costs of the appraisals, which shall be performed
in accordance with Forest Service policy on approval of the
appraiser and the issuance of appraisal instructions.
(e) Timing and Interim Authorization.--It is the intent of Congress
that the land exchange directed by this Act should be completed no
later than 120 days after the date of the enactment of this Act.
Pending completion of the land exchange, the City is authorized,
effective on the date of the enactment of this Act, to construct a
water pipeline on or near the existing course of the Lindstrom ditch
through the Federal land identified in subsection (b) without further
action or authorization by the Secretary, except that, prior to
initiating any such construction, the City shall execute and convey to
the Secretary a legal document that permanently holds the United States
harmless for any and all liability arising from the construction of
such water pipeline and indemnifies the United States against all costs
arising from the United States' ownership of the Federal land, and any
actions, operations or other acts of the City or its licensees,
employees, or agents in constructing such water pipeline or engaging in
other acts on the Federal land prior to its transfer to the City. Such
encumbrance on the Federal land prior to conveyance shall not be
considered for purposes of the appraisal.
(f) Alternative Sale Authority.--If the land exchange is not
completed for any reason, the Secretary is hereby authorized and
directed to sell the Federal land identified in subsection (b) to the
City at its final appraised value, as approved by the Secretary. Any
money received by the United States in such sale shall be considered
money received and deposited pursuant to Public Law 90-171 (16 U.S.C.
484(a); commonly known as the ``Sisk Act'', and may be used, without
further appropriation, for the acquisition of lands for addition to the
National Forest System in the State of Colorado.
(g) Incorporation, Management, and Status of Acquired Lands.--Land
acquired by the United States under the land exchange shall become part
of the Arapaho and Roosevelt National Forests, and the exterior
boundary of such forest is hereby modified, without further action by
the Secretary, as necessary to incorporate the non-Federal lands
identified in subsection (a) and an additional 40 acres as depicted on
a map entitled ``Arapaho and Roosevelt National Forest Boundary
Adjustment--Cub Creek'', dated June 2003. Upon their acquisition, lands
or interests in land acquired under the authority of this Act shall be
administered in accordance with the laws, rules and regulations
generally applicable to the National Forest System. For purposes of
Section 7 of the of the Land and Water Conservation Fund Act of l965
(16 U.S.C. 460l-9), the boundaries of the Arapaho and Roosevelt
National Forests, as adjusted by this subsection shall be deemed to be
the boundaries of such forest as of January 1, 1965.
(h) Technical Corrections.--The Secretary, with the agreement of
the City, may make technical corrections or correct clerical errors in
the maps referred to in this section or adjust the boundaries of the
Federal lands to leave the United States with a manageable post-
exchange or sale boundary. In the event of any discrepancy between a
map, acreage estimate, or legal description, the map shall prevail
unless the Secretary and the City agree otherwise.
(i) Revocation of Orders and Withdrawal.--Any public orders
withdrawing any of the Federal lands identified in subsection (b) from
appropriation or disposal under the public land laws are hereby revoked
to the extent necessary to permit disposal of the Federal lands. Upon
the enactment of this Act, if not already withdrawn or segregated from
the entry and appropriation under the public land laws, including the
mining and mineral leasing laws and the Geothermal Steam Act of l970
(30 U.S.C. 1001 et seq.), the Federal lands are hereby withdrawn until
the date of their conveyance to the City.
Passed the House of Representatives November 4, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Arapaho and Roosevelt National Forests Land Exchange Act of 2003 - Directs the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests, Colorado, with the City of Golden, Colorado, subject to the City's right to use necessary surface and subsurface land to maintain the Vidler Tunnel. States that if such land exchange is not completed the Secretary is authorized and directed to sell such Federal land to the City.
Authorizes the City to construct a water pipeline on such Federal land upon enactment of this Act. | {"src": "billsum_train", "title": "To direct the Secretary of Agriculture to exchange certain lands in the Arapaho and Roosevelt National Forests in the State of Colorado."} | 2,479 | 121 | 0.586582 | 1.773196 | 0.605 | 2.99 | 21.81 | 0.97 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Chief Data Officer Authorization Act''.
SEC. 2. CHIEF DATA OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.
Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is
amended by adding at the end the following new subsection:
``(c) Chief Data Officer.--
``(1) In general.--The Secretary, in consultation with the
Chief Information Officer, shall designate a career appointee
(as such term is defined in section 3132 of title 5, United
States Code) of the Department as the Chief Data Officer of the
Department.
``(2) Qualifications.--The Chief Data Officer shall possess
demonstrated training and experience in the management,
governance, generation, collection, protection, analysis, use,
and sharing of data, including the protection and de-
identification of personally identifiable information.
``(3) Functions.--The Chief Data Officer shall be
responsible for the following:
``(A) Ensuring that the Department conforms with
data management best practices recognized across
industry and the Federal Government.
``(B) Coordinating the organization and integration
of data across the Department for improved
interoperability, analysis, and decision-making.
``(C) Reviewing the impact of the infrastructure of
the Department regarding data integrity and
interoperability.
``(D) Coordinating the release of data for public
use following appropriate privacy reviews within the
Department, as coordinated with the Chief Privacy
Officer.
``(E) Promoting the use of modern data systems to
improve Department operations.
``(F) Coordinating the storage of Department
records in accordance with the National Archives and
Records Administration's General Records Schedules.
``(G) Overseeing, in coordination with the Chief
Privacy Officer of the Department, as appropriate, the
Department's compliance with the following
responsibilities:
``(i) Issuing guidelines ensuring and
maximizing the quality, objectivity, utility
and integrity of information (including
statistical information).
``(ii) Establishing administrative
mechanisms that allow affected persons to seek
and obtain correction of information maintained
and disseminated by relevant components of the
Department that does not comply with the
Department's guidelines.
``(iii) Reporting to the Director of the
Office of Management and Budget about the
number and nature of complaints received by
relevant components of the Department regarding
the accuracy of information disseminated and
how such complaints were handled by such
components.
``(H) Coordinating with appropriate officials of
the Department, including the Chief Privacy Officer,
component privacy officers, component Chief Data
Officers, and program managers, regarding the use of
data within their respective components and under their
authorities.
``(I) Serving as the liaison to other Federal
agencies and the Office of Management and Budget on
data and the best way to use existing Department data
for statistical purposes.
``(4) Component chief data officers.--The heads of each
operational component of the Department, in consultation with
the Chief Data Officer of the Department and the Chief
Information Officer of such component, shall designate a career
appointee (as such term is defined in section 3132 of title 5,
United States Code) from each such component of the Department
as the Chief Data Officer of their respective component. Each
such component Chief Data Officer shall--
``(A) have the qualifications described under
subsection (c)(2); and
``(B) coordinate with and assist the Chief Data
Officer of the Department in the implementation of the
functions specified in subparagraphs (A) through (F) of
paragraph (3) for their respective component.
``(5) Reports.--Not later than 180 days after the date of
the enactment of this subsection and periodically thereafter as
necessary, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on the implementation of this subsection,
including any concerns regarding such implementation.''.
Passed the House of Representatives September 4, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Department of Homeland Security Chief Data Officer Authorization Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Chief Information Officer of the Department of Homeland Security (DHS) to designate a career appointee of DHS as its Chief Data Officer. The bill sets forth the responsibilities of the Chief Data Officer, including: (1) ensuring that DHS conforms with recognized data management best practices, (2) coordinating the release of data for public use after privacy reviews, (3) promoting the use of modern data systems to improve DHS operations, and (4) serving as the liaison to other federal agencies and the Office of Management and Budget on data. | {"src": "billsum_train", "title": "Department of Homeland Security Chief Data Officer Authorization Act"} | 895 | 142 | 0.606159 | 1.488738 | 0.669629 | 3.787879 | 6.590909 | 0.909091 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.