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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biofuels Security Tax Act of 2006''.
SEC. 2. TAX CREDIT FOR FLEXIBLE FUEL VEHICLES.
(a) In General.--Section 30B(e) of the Internal Revenue Code of
1986 (relating to new qualified alternative fuel motor vehicle credit)
is amended by adding at the end the following new paragraph:
``(6) Credit for flexible fuel vehicles.--
``(A) In general.--In the case of a flexible fuel
vehicle placed in service by the taxpayer during the
taxable year, the credit determined under this
subsection is an amount equal to the credit which would
have been allowed under this subsection if such vehicle
was a qualified alternative fuel motor vehicle.
``(B) Flexible fuel vehicle.--For purposes of this
subsection, the term `flexible fuel vehicle' means any
motor vehicle--
``(i) which is capable of operating on both
gasoline and a blend of 85 percent ethanol fuel
(E-85) and 15 percent gasoline,
``(ii) which is certified by the
manufacturer as having a fuel economy rating
when running on E-85 that is substantially the
same or better than a fuel economy rating when
running on gasoline only,
``(iii) the original use of which commences
with the taxpayer,
``(iv) which is acquired by the taxpayer
for use or lease, but not for resale, and
``(v) which is made by a manufacturer.''.
(b) Period of Credit.--Paragraph (4) of section 30B(j) of the
Internal Revenue Code of 1986 (relating to termination) is amended to
read as follows:
``(4) in the case of a new qualified alternative fuel
vehicle--
``(A) as described in paragraph (4) or (5) of
subsection (e), December 31, 2010, and
``(B) as described in paragraph (6) of subsection
(e), December 31, 2016.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 3. MODIFICATION OF ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
(a) Extension.--Section 30C(g) of the Internal Revenue Code of 1986
is amended by striking ``2009'' and inserting ``2016''.
(b) Expansion.--
(1) Rate.--Section 30C(a) of the Internal Revenue Code of
1986 is amended--
(A) by striking ``30 percent'' and inserting ``50
percent'', and
(B) by adding at the end the following new
sentence: ``In the case of any taxpayer which places in
service not more than 5 qualified alternative fuel
vehicle refueling properties determined by taking into
account any such property placed in service in all
preceding taxable years, the preceding sentence shall
be applied with respect to any such property placed in
service in the taxable year by substituting `75
percent' for `50 percent'.''
(2) Dollar limit for small retailers.--Section 30C(b) of
such Code is amended by adding at the end the following new
flush sentence:
``In the case of any taxpayer which places in service not more than 5
qualified alternative fuel vehicle refueling properties determined by
taking into account any such property placed in service in all
preceding taxable years, paragraph (1) shall be applied with respect to
any such property placed in service in the taxable year by substituting
`$45,000' for `$30,000'.''.
(c) Elimination of Credit for Major Oil Companies.--Section 30C(e)
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Nonapplication of credit to major oil companies.--
``(A) In general.--This section shall not apply to
any property placed in service by a major oil company.
``(B) Major oil company.--The term `major oil
company' means any person that, individually or
together with any other person with respect to which
the person has an affiliate relationship or significant
ownership interest, has not less than 4,500 retail
station outlets according to the publication of the
Petroleum News Annual Factbook in effect on such date
of placement.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Biofuels Security Tax Act of 2006 - Amends the Internal Revenue Code to allow until 2017 a tax credit for flexible fuel vehicles. Defines "flexible fuel vehicle" as a motor vehicle which can operate on both gasoline and a blend of 85% ethanol and which is certified as having the same or better fuel economy rating when operating on 85% ethanol or on gasoline only.
Extends until 2017 the tax credit for alternative fuel vehicle refueling property (service stations for dispensing alternative motor fuels to retail consumers). Increases the rate of such credit to 50% for all taxpayers and to 75% for taxpayers who place in service not more than five such refueling properties. Denies such credit to major oil companies (companies having at least 4,500 retail service stations). | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an income tax credit for the manufacture of flexible fuel motor vehicles and to extend and increase the income tax credit for alternative fuel refueling property, and for other purposes."} | 1,013 | 174 | 0.549591 | 1.466589 | 0.706826 | 2.241379 | 6.303448 | 0.765517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Economic Opportunity
Administration Act of 2009''.
SEC. 2. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY ADMINISTRATION
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Economic Opportunity Administration.--Part V of title 38,
United States Code, is amended by adding at the end the following new
chapter:
``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY ADMINISTRATION
``8001. Organization of Administration.
``8002. Functions of Administration.
``8003. Office of Small and Disadvantaged Business Utilization.
``Sec. 8001. Organization of Administration
``(a) Veterans Economic Opportunity Administration.--There is in
the Department of Veterans Affairs a Veterans Economic Opportunity
Administration. The primary function of the Veterans Economic
Opportunity Administration is the administration of the programs of the
Department which provide assistance related to economic opportunity to
veterans and their dependents and survivors.
``(b) Under Secretary for Economic Opportunity.--The Veterans
Economic Opportunity Administration is under the Under Secretary for
Veterans Economic Opportunity, who is directly responsible to the
Secretary for the operations of the Administration.
``Sec. 8002. Functions of Administration
``The Veterans Economic Opportunity Administration is responsible
for the administration of the following programs of the Department:
``(1) Vocational rehabilitation and employment programs.
``(2) Educational assistance programs.
``(3) Veterans' housing loan and related programs.
``(4) Veterans entrepreneurship programs.
``(5) Programs for homeless veterans.
``Sec. 8003. Office of Small and Disadvantaged Business Utilization
``Notwithstanding section 15(k) of the Small Business Act (15
U.S.C. 644(k)), the head of the Office of Small and Disadvantaged
Business Utilization shall report directly to both the Secretary and
the Under Secretary for Veterans Economic Opportunity.''.
(b) Clerical Amendments.--The tables of chapters at the beginning
of title 38, and of part V of title 38, are each amended by inserting
after the item relating to chapter 79 the following new item:
``80. Veterans Economic Opportunity Administration.......... 8001''.
SEC. 3. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY.
(a) Under Secretary.--Chapter 3 of title 38, United States Code, is
amended by inserting after section 306 the following new section:
``Sec. 306A. Under Secretary for Veterans Economic Opportunity
``(a) Under Secretary.--There is in the Department an Under
Secretary for Veterans Economic Opportunity, who is appointed by the
President, by and with the advice and consent of the Senate. The Under
Secretary for Veterans Economic Opportunity shall be appointed without
regard to political affiliation or activity and solely on the basis of
demonstrated ability in--
``(1) fiscal management; and
``(2) the administration of programs within the Veterans
Economic Opportunity Administration or programs of similar
content and scope.
``(b) Responsibilities.--The Under Secretary for Veterans Economic
Opportunity is the head of, and is directly responsible to the
Secretary for the operations of, the Veterans Economic Opportunity
Administration.
``(c) Vacancies.--(1) Whenever a vacancy in the position of Under
Secretary for Veterans Economic Opportunity occurs or is anticipated,
the Secretary shall establish a commission to recommend individuals to
the President for appointment to the position.
``(2) A commission established under this subsection shall be
composed of the following members appointed by the Secretary:
``(A) Three persons representing education and training,
vocational rehabilitation, employment, real estate, mortgage
finance and related industries, and survivor benefits
activities affected by the Veterans Economic Opportunity
Administration.
``(B) Two persons representing veterans served by the
Veterans Economic Opportunity Administration.
``(C) Two persons who have experience in the management of
veterans benefits programs or programs of similar content and
scope.
``(D) The Deputy Secretary of Veterans Affairs.
``(E) The chairman of the Veterans' Advisory Committee on
Education formed under section 3692 of this title.
``(F) One person who has held the position of Under
Secretary for Veterans Economic Opportunity, if the Secretary
determines that it is desirable for such person to be a member
of the commission.
``(3) A commission established under this subsection shall
recommend at least three individuals for appointment to the position of
Under Secretary for Veterans Economic Opportunity. The commission shall
submit all recommendations to the Secretary. The Secretary shall
forward the recommendations to the President with any comments the
Secretary considers appropriate. Thereafter, the President may request
the commission to recommend additional individuals for appointment.
``(4) The Assistant Secretary or Deputy Assistant Secretary of
Veterans Affairs who performs personnel management and labor relations
functions shall serve as the executive secretary of a commission
established under this subsection.
``(d) Qualifications of Recommended Individuals.--Each individual
recommended to the President by the commission for appointment to the
position of Under Secretary for Veterans Economic Opportunity shall be
an individual who has held a senior level position in the private
sector with responsibilities relating to at least one of the following:
``(1) Education policy.
``(2) Vocational rehabilitation.
``(3) Employment.
``(4) Home loan finance.
``(5) Small business development.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
306 the following new item:
``306A. Under Secretary for Veterans Economic Opportunity.''.
(c) Conforming Amendments.--Such title is further amended--
(1) in section 7701(a), by inserting after ``assistance''
the following: ``, other than assistance related to economic
opportunity,'';
(2) in section 7703, by striking paragraphs (2) and (3) and
redesignating paragraphs (4) and (5) as paragraphs (2) and (3),
respectively;
(3) in section 306(c)(2), by striking subparagraphs (A) and
(E) and redesignating subparagraphs (B), (C), (D), and (F), as
subparagraphs (A) through (D), respectively;
(4) in section 317(d), by inserting after ``Under Secretary
for Benefits'' the following: ``, the Under Secretary for
Veterans Economic Opportunity,'';
(5) in section 318(d)(2), by inserting after ``Under
Secretary for Benefits'' the following: ``, the Under Secretary
for Veterans Economic Opportunity,'';
(6) in section 516(e)(2)(C), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity'';
(7) in section 541(a)(2)(B), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity'';
(8) in section 542(a)(2)(A)(iii), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity'';
(9) in section 544(a)(2)(B)(vi), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity''; and
(10) in section 709(c)(2)(A), by inserting after ``Under
Secretary for Benefits'' the following: ``, the Under Secretary
for Veterans Economic Opportunity,''.
SEC. 4. DEPARTMENT OF VETERANS AFFAIRS-DEPARTMENT OF LABOR-SMALL
BUSINESS ADMINISTRATION JOINT EXECUTIVE COMMITTEE ON
ECONOMIC OPPORTUNITY.
(a) Establishment.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 323. Department of Veterans Affairs-Department of Labor-Small
Business Administration Joint Executive Committee on
Economic Opportunity
``(a) Establishment.--(1) There is established an interagency
committee to be known as the Department of Veterans Affairs-Department
of Labor-Small Business Administration Joint Executive Committee on
Economic Opportunity (hereinafter in this section referred to as the
`Committee').
``(2) The Committee is composed of--
``(A) the Under Secretary of Veterans Affairs for Veterans
Economic Opportunity;
``(B) the Director of Homeless Programs of the Department
of Veterans Affairs;
``(C) the Assistant Secretary of Labor for Veterans
Employment and Training; and
``(D) the Associate Administrator of the Small Business
Administration for Veterans Business Development.
``(b) Administrative Matters.--(1) The Deputy Secretary of Veterans
Affairs, the Under Secretary of Labor, and the Administrator of the
Small Business Administration shall jointly determine the
administrative and procedural guidelines for the operation of the
Committee.
``(2) The two Departments and the Small Business Administration
shall supply appropriate staff and resources to provide administrative
support and services. Support for such purposes shall be provided at a
level sufficient for the efficient operation of the Committee.
``(c) Recommendations.--(1) The Committee shall recommend to the
Secretaries and the Administrator strategic direction for the joint
coordination and sharing efforts between and within the two Departments
and the Administration to promote and administer veterans economic
opportunity programs for education and training, vocational
rehabilitation, employment, small business, and homelessness under
section 8111 of this title, and shall oversee implementation of those
efforts.
``(2) The Committee shall submit to the two Secretaries and the
Administrator and directly to Congress an annual report containing such
recommendations as the Committee considers appropriate.
``(d) Functions.--In order to enable the Committee to make
recommendations in its annual report under subsection (c)(2), the
Committee shall do the following:
``(1) Review existing policies, procedures, and practices
relating to the coordination and sharing of resources between
the two Departments.
``(2) Identify changes in policies, procedures, and
practices that, in the judgment of the Committee, would promote
mutually beneficial coordination, use, or exchange of use of
services and resources of the two Departments and the
Administration, with the goal of improving the quality,
efficiency and effectiveness of the delivery of benefits and
services to veterans, service members, military retirees, and
their families through a relationship among the Department of
Veterans Affairs, the Department of Labor, and the Small
Business Administration.
``(3) Identify and assess further opportunities for the
coordination and collaboration between the Departments and the
Administration that, in the judgment of the Committee, would
not adversely affect the range of services, the quality of
care, or the established priorities for benefits provided by
either of the Departments or the Administration.
``(4) Review the plans of both Departments and the
Administration for the acquisition of additional resources,
especially new facilities and major equipment and technology,
in order to assess the potential effect of such plans on
further opportunities for the coordination and sharing of
resources.
``(5) Review the implementation of activities designed to
promote the coordination and sharing of resources between the
Departments and the Administration.
``(e) Consultation With Certain Organizations.--In carrying out its
responsibilities under this section, the Committee may consult with
appropriate organizations that promote employment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``323. Department of Veterans Affairs-Department of Labor-Small
Business Administration Joint Executive
Committee on Economic Opportunity.''. | Veterans Economic Opportunity Administration Act of 2009 - Establishes in the Department of Veterans Affairs (VA) a Veterans Economic Opportunity Administration, headed by the Under Secretary for Veterans Economic Opportunity, to administer VA programs of economic opportunity assistance to veterans and their dependents and survivors. Requires the Administration to administer the following VA programs: (1) vocational rehabilitation and employment; (2) educational assistance; (3) veterans' housing loan and related programs; (4) veterans' entrepreneurship; and (5) homeless veterans.
Establishes as an interagency committee the Department of Veterans Affairs-Department of Labor-Small Business Administration Joint Executive Committee on Economic Opportunity to recommend to the Secretaries of Veterans Affairs and Labor and the Administrator of the Small Business Administration (SBA) strategic direction for the joint coordination and sharing of efforts to promote and administer veterans economic opportunity programs for education and training, vocational rehabilitation, employment, small business, and homelessness, and to oversee implementation of those efforts. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to establish in the Department of Veterans Affairs a Veterans Economic Opportunity Administration, and for other purposes."} | 2,592 | 199 | 0.672366 | 1.573966 | 0.753003 | 4.614973 | 13.016043 | 0.957219 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonsense Legislative Exceptional
Events Reforms Act of 2012''.
SEC. 2. AMENDMENTS TO THE EXCEPTIONAL EVENT PROVISION OF THE CLEAN AIR
ACT.
(a) Exceptional Event Demonstration.--Section 319(b)(3)(B)(iv) of
the Clean Air Act (42 U.S.C. 7619(b)(3)(B)(iv)) is amended by striking
``to petition the Administrator to'' and inserting ``to submit a
petition (in this section referred to as an `exceptional event
demonstration') to the Administrator to''.
(b) Criteria.--Section 319(b)(3) of the Clean Air Act (42 U.S.C.
7619(b)(3)) is amended by adding at the end the following:
``(C) Criteria for determination of exceptional
event demonstration.--The criteria for evidence,
analyses, and documentation applicable to approval or
disapproval of an exceptional event demonstration under
the regulations under this section shall be stated with
specificity in order to minimize the discretion of the
Administrator in approving or disapproving such
demonstration. The Administrator shall develop such
criteria in conjunction with input from the States.
Such criteria shall reflect the varying level of
technical expertise and resources available in State
and local agencies and the varying availability of
meteorological and other monitoring data in rural
areas, and may vary with respect to different regions.
In developing such criteria, the Administrator shall
also consider use of an expedited or streamlined
approval process and conditions under which exceptional
event demonstrations may be suitable for such a
process.''.
(c) Timing of Approval or Disapproval of Exceptional Event
Demonstration.--Section 319(b)(3) of the Clean Air Act (42 U.S.C.
7619(b)(3)) is further amended by adding at the end the following:
``(D) Timing of determination of exceptional event
demonstration.--
``(i) Deadline for determination.--Not
later than 90 days after submission of an
exceptional event demonstration, the
Administrator shall approve, disapprove, or
request additional information from a State
regarding such an exceptional event
demonstration. If the Administrator does not
take any action with respect to an exceptional
event demonstration within such 90-day period,
such demonstration shall be considered
approved.
``(ii) Deadline if additional information
requested.--If the Administrator requests
additional information from a State regarding
an exceptional event demonstration under clause
(i), not later than 90 days after the
submission of such additional information, the
Administrator shall approve or disapprove such
demonstration. If the Administrator does not
approve or disapprove such a demonstration for
which additional information is submitted
within such 90-day period, such demonstration
shall be considered approved.''.
(d) Burden of Proof.--Section 319(b)(3) of the Clean Air Act (42
U.S.C. 7619(b)(3)) is further amended by adding at the end the
following:
``(E) Burden of proof.--The regulations promulgated
under this section shall provide that a determination
by the Administrator with respect to approval or
disapproval of an exceptional event demonstration be
based on a preponderance of the evidence. In making any
such determination, the Administrator shall accord
substantial deference to the findings of the State
exceptional event demonstration and may develop and use
analyses and consider evidence not provided by such
exceptional event demonstration.''.
(e) Appeals.--Section 319(b)(3) of the Clean Air Act (42 U.S.C.
7619(b)(3)) is further amended by adding at the end the following:
``(F) Appeals.--Approval or disapproval by the
Administrator of an exceptional event demonstration
shall be considered final action subject to judicial
review under section 307(b).''.
(f) Revision of Regulations.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the Environmental
Protection Agency shall revise the regulations under section 319(b) of
the Clean Air Act (42 U.S.C. 7619(b)) to carry out the amendments made
by this Act. | Commonsense Legislative Exceptional Events Reforms Act of 2012 - Amends the Clean Air Act to revise provisions concerning state petitions to exclude air quality monitoring data influenced by exceptional events from determinations of exceedences or violations of the national ambient air quality standards by requiring criteria used in determining if there has been a demonstration of an exceptional event to be stated with specificity in order to minimize the discretion of the Administrator in approving or disapproving such demonstration.
Requires: (1) the Administrator to develop such criteria in conjunction with input from states, and (2) such criteria to reflect the technical expertise and resources available in state and local agencies and the availability of meteorological and other monitoring data in rural areas. Authorizes such criteria to vary with respect to different regions. Requires the Administrator, in developing such criteria, to consider using an expedited or streamlined approval process and conditions under which such demonstrations may be suitable for such process.
Requires the Administrator: (1) to approve or disapprove an exceptional event demonstration within 90 days of such demonstration; or (2) if the Administrator requests additional information from a state regarding such demonstration, to approve or disapprove such demonstration within 90 days of submission of such information. Considers such demonstrations to be approved if the Administrator does not take action within such time frames. Requires: (1) such approval or disapproval to be based on a preponderance of the evidence, and (2) the Administrator to accord substantial deference to state findings on such demonstration. Authorizes the Administrator to develop and use analyses and consider evidence not provided by such demonstration. Considers such approval or disapproval to be final action subject to judicial review.
Requires the Administrator to revise regulations concerning air quality monitoring data influenced by exceptional events to meet the requirements of this Act within 180 days of this Act's enactment. | {"src": "billsum_train", "title": "To amend the Clean Air Act with respect to exceptional event demonstrations, and for other purposes."} | 972 | 409 | 0.757596 | 2.692386 | 0.857731 | 3.052174 | 2.272464 | 0.884058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missouri River Basin, Kansas and
Nebraska, Pick-Sloan Project Facilities Transfer Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Project beneficiary.--(A) The term ``project
beneficiary'' means one or more of the following irrigation
districts or reclamation districts organized and operating
under the laws of the State of Kansas or the State of Nebraska:
(i) In Kansas, Kansas-Bostwick Irrigation District
No. 2, Kirwin Irrigation District No. 1, Webster
Irrigation District No. 4, and Almena Irrigation
District No. 5; and
(ii) In Nebraska, Ainsworth Irrigation District,
Farwell Irrigation District, Sargent Irrigation
District, Loup Basin Reclamation District, Frenchman-
Cambridge Irrigation District and Nebraska Bostwick
Irrigation District.
(B) Such term may also include an organization established
by one or more of the irrigation districts referred to in
subparagraph (A) under laws of the States of Kansas and
Nebraska authorizing the creation of interlocal cooperation
entities or such term may include another political subdivision
of the States of Kansas or Nebraska established by act of their
respective State legislatures for the purpose of acquiring
title to reclamation project property in accordance with this
Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of the Army, as appropriate,
with jurisdiction over project facilities subject to this Act.
(3) Reclamation project property.--The term ``reclamation
project property'' means the following:
(A) All contracts which are currently in effect
between the United States and the project beneficiaries
or other parties and which relate to the projects,
project facilities and related programs, including any
such contracts, written or not written to provide
project use power from Federal power facilities.
(B) All reclamation project distribution and
drainage facilities, all reservoir and related
diversion facilities and all related lands currently
held by the United States which are subject to this
Act.
(C) All acquired lands, both surface and subsurface
estate, within the respective reclamation projects.
(D) All water rights held by the United States
relating to the respective project facilities.
(E) All outstanding leases or contracts on the
lands associated with the respective projects.
(F) All fund accounts held by the United States for
any purposes related to the project.
(G) All contracts, other than those listed under
subparagraph (E), or other legal obligations in
existence which have any impact upon the project
facilities or the project operations and which may be
required to be assumed or accepted by the project
beneficiary.
(H) All personal property, including operating
equipment, tools and other tangible personal property,
held by the United States for the purposes of operating
the project or serving the project facilities.
(I) All funds held in reserve or otherwise
dedicated accounts in which funds have been paid by
project beneficiaries or from other nonproject related
revenues and which are, as of the date of enactment of
this Act, held for project purposes.
SEC. 3. TRANSFER OF MISSOURI RIVER BASIN, PICK-SLOAN PROJECTS
FACILITIES.
(a) General Authority.--Within 180 days after the date of enactment
of this Act and upon tender of the specified consideration by the
project beneficiary, the Secretary shall transfer, in fee title and
free of all liens and encumbrances, the project described in section 6,
including all right, title, and interest of the United States in and to
the reclamation project property, to the project beneficiary of each
such described project.
(b) Consideration and Satisfaction of Outstanding Obligations.--The
transfer of a project under subsection (a) shall be for the
consideration specified for the project. The payment of the specified
consideration for a project shall be in full and complete satisfaction
of all obligations against the project facilities and the project
beneficiaries existing before the date of transfer of the project under
every contract entered into by and between the United States and the
project beneficiaries. The completion of the transfer of all facilities
as provided for in this Act and the payment of the consideration
specified for each transferred project shall be deemed to constitute
full and complete satisfaction of any and all obligations for further
payments or repayments by the respective project sponsors for
irrigation benefits of the project facilities and for any other
benefits specifically transferred to the respective project sponsors.
(c) Transfer Costs.--All costs of transfers carried out under this
section shall be the obligation of the United States.
(d) Transfer Documents.--The Secretary with the assistance of the
project beneficiaries shall execute all necessary transfer documents
and make all such filings or take all such actions as may be needed to
consummate the transfers of reclamation project property. Such
documents shall include (but not be limited to) land deeds, court
proceedings, decrees, bills of sale, certificates of title, lease
contract transfers, water rights certificates and amendment documents,
and notice filings.
(e) Present Vesting of Lease Benefits and Obligations.--The project
beneficiaries to whom any project lands are to be transferred under
this section shall be entitled to immediately assume the management of
all existing and future leases and shall be entitled to any revenues
accruing on or after the date of enactment of this Act.
(f) Limitation.--The further transfer of any facilities or parts
thereof of any project which are not specifically transferred by this
Act shall only be carried out by the United States with the specific
advice and consent of the project beneficiaries to which project
facilities are to be transferred by this Act.
SEC. 4. LIABILITY.
Upon completion of the transfer of reclamation project property to
the project beneficiaries as provided by this Act, the project
beneficiaries shall assume sole responsibility and liability for the
project and the project beneficiaries shall hold the United States
harmless and indemnify the United States against any and all claims of
damage, except that all project facilities transferred under this Act
shall, as to the project beneficiaries, be free from liability for
latent defects in such facilities unless all such defects were fully
disclosed and the defects corrected or accepted in writing as to
further future liability by the project beneficiaries.
SEC. 5. PROJECT PURPOSES, OPERATIONS, AND COST ALLOCATIONS.
(a) Continuation.--All facilities transferred in accordance with
this Act shall be deemed to be committed to the purposes for which
those facilities were authorized and constructed. Operations of all
such transferred facilities shall be subject to the laws of the States
of Kansas and Nebraska as set forth in the establishment and operation
of irrigation or reclamation districts under those respective State
laws. All cost allocations identified as reimbursable by other
beneficiaries provided for as a part of the original authorizing laws
for each transferred project shall remain due from those beneficiaries
under the same provisions and in the same manner as originally approved
from and after the date of enactment of this Act until paid.
(b) Deemed Consent of Project Beneficiary.--The project beneficiary
of each transferred project, upon accepting the transfer provided under
this Act, shall be deemed to agree to operate, maintain, repair,
replace and rehabilitate the project in a manner designed to carry out
the intended purposes for which the project was developed and
constructed, except that a transferred project or part thereof may be
redirected to another already identified use or to another use if the
project beneficiary determines that the public purpose for which the
facilities were constructed is better served.
(c) Termination of Mandates.--All mandates imposed by the
Reclamation Act of 1902 (and all Acts supplementary thereto or
amendatory thereof, including the Reclamation Reform Act of 1982, or by
Department of the Interior or Army regulations, upon the project
facilities, the project beneficiaries, or the individual water users
for whom the respective projects are operated shall be terminated upon
the completion of the transfers as provided by this Act. Any other
Federal laws and regulations shall be administered upon the projects as
they might be over any other non-Federal project.
(d) Certain Acts Not Applicable.--The transfers directed by this
Act are subject to the requirement that all transferred reclamation
project property be used in accordance with this section. A transfer
under this Act shall not--
(1) be deemed to constitute a major Federal action within
the meaning of the National Environmental Policy Act of 1969
and shall therefore be deemed to satisfy all requirements of
the National Environmental Policy Act of 1969 without further
action;
(2) constitute or be deemed a basis for invoking any
provisions of the Endangered Species Act of 1973;
(3) require certification under the provisions of the
Federal Water Pollution Control Act;
(4) be subject to the provisions of chapter 5 of title 5,
United States Code (commonly known as the ``Administrative
Procedures Act''); or
(5) be considered a disposal of Federal surplus property
under the provisions of the Federal Property and Administrative
Services Act of 1949.
SEC. 6. FACILITIES AFFECTED.
(a) Ainsworth Unit.--The Ainsworth Unit, Missouri River Basin
Project, shall consist of the project constructed and operated pursuant
to the Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and
the Act of August 21, 1954 (68 Stat. 757), and the Act of May 18, 1956
(Public Law 84-531), and which is situated in Cherry, Brown, and Rock
Counties in Nebraska. The Ainsworth Unit shall be transferred to the
Ainsworth Irrigation District as the project beneficiary upon the
payment of $1,747,097 as consideration therefore.
(b) Farwell Unit.--The Farwell Unit, Missouri River Basin Project,
shall consist of the project constructed and operated pursuant to the
Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the Act
of August 3, 1956 (70 Stat. 975), and which is situated in Howard,
Sherman, Custer and Valley Counties in Nebraska. The Farwell Unit shall
be transferred to the Farwell Irrigation District and to the Loup Basin
Reclamation District as the project beneficiaries in such manner as
elected by the beneficiaries upon the payment of $2,399,874 as
consideration therefore.
(c) Sargent Unit.--The Sargent Unit, Missouri River Basin Project,
shall consist of the project constructed and operated pursuant to the
Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the Act
of August 3, 1956 (70 Stat. 975), and which is situated in Blaine,
Custer, and Valley Counties in Nebraska. The Sargent Unit shall be
transferred to the Sargent Irrigation District and to the Loup Basin
Reclamation District as the project beneficiaries in such manner as
elected by the beneficiaries upon the payment of $565,862 as
consideration therefore.
(d) Frenchman-Cambridge Unit.--The Frenchman-Cambridge Unit,
Missouri River Basin Project, shall consist of the project constructed
and operated pursuant to the Act of December 22, 1944 (58 Stat. 887),
by Act of Congress (Public Law 78-534), as a component of the Pick-
Sloan Missouri Basin Program, and which is situated in Red Willow,
Frontier, Hitchcock, Furnas and Harlan Counties in Nebraska. The
Frenchman-Cambridge Unit shall be transferred to the Frenchman-
Cambridge Irrigation District or to another project beneficiary
designated by the Irrigation District as the project beneficiaries upon
the payment of $1,478,291 as consideration therefore.
(e) Bostwick Unit.--The Bostwick Unit, Missouri River Basin
Project, shall consist of the projects constructed and operated
pursuant to the Act of December 22, 1944 (58 Stat. 887), by Act of
Congress (Public Law 78-534) as a component of the Pick-Sloan Missouri
Basin Program, and which are situated in Harlan, Franklin, Webster and
Nuckolls Counties in Nebraska, and Republic, Jewell and Cloud Counties
in Kansas. The reclamation project property of the Bostwick Unit shall
include all constructed facilities deemed to be a part of the
irrigation operations for the Unit and shall include only that part of
the Harlan County Dam and Reservoir required for irrigation storage and
irrigation use. For purposes of this transfer such irrigation storage
shall include water storage capacity between elevation 1925.0 and
1946.0 M.S.L. In accordance with the conditions set forth herein the
irrigation storage and operations agreements now in effect between the
United States Army Corps of Engineers, and the United States Department
of Interior, Bureau of Reclamation, shall be the basis for future
operations between the United States Army Corps of Engineers, and the
project sponsors. The parts of the Bostwick Unit necessary to the
operations of the Nebraska portion of the project shall be transferred
to the Nebraska Bostwick Irrigation District or to another project
beneficiary designated by the Irrigation District as the project
beneficiaries. The parts of the Bostwick Unit necessary to the
operations of the Kansas portion of the project shall be transferred to
the Kansas-Bostwick Irrigation District No. 2 or to another project
beneficiary designated by the Irrigation District as the project
beneficiaries. The payment of $4,333,804 shall constitute consideration
for the Bostwick Unit.
(f) Almena Unit.--The Almena Unit, Missouri River Basin Project,
shall consist of the project constructed and operated pursuant to the
Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the
Flood Control Act of 1946 (Public Law 78-526), and which is situated in
Norton and Phillips Counties in Kansas. The Almena Unit shall be
transferred to the Almena Irrigation District No. 5 or to another
project beneficiary designated by the Irrigation District as the
project beneficiaries upon the payment of $112,631 as consideration
therefore.
(g) Kirwin Unit.--The Kirwin Unit, Missouri River Basin Project,
shall consist of the project constructed and operated pursuant to the
Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the
Flood Control Act of 1946 (Public Law 78-526), and which is situated in
Phillips, Smith, and Osborn Counties in Kansas. The Kirwin Unit shall
be transferred to the Kirwin Irrigation District No. 1 or to another
project beneficiary designated by the Irrigation District as the
project beneficiaries upon the payment of $253,967 as consideration
therefore.
(h) Webster Unit.--The Webster Unit, Missouri River Basin Project,
shall consist of the project constructed and operated pursuant to the
Act of December 22, 1944 (58 Stat. 887, Public Law 78-534), and the
Flood Control Act of 1946 (Public Law 78-526), and which is situated in
Rooks and Osborn Counties in Kansas. The Webster Unit shall be
transferred to the Webster Irrigation District No. 4 or to another
project beneficiary designated by the Irrigation District as the
project beneficiaries upon the payment of $232,012 as consideration
therefore. | Missouri River Basin, Kansas and Nebraska, Pick-Sloan Project Facilities Transfer Act - Directs the Secretary of the Interior or the Secretary of the Army, as appropriate, to transfer specified Missouri River Basin, Pick-Sloan project facilities in Kansas and Nebraska, including all right, title, and interest of the United States in and to specified reclamation project property, to the project beneficiary.
Sets forth provisions regarding consideration and satisfaction of outstanding obligations, transfer costs, transfer documents, present vesting of lease benefits and obligations, and limits on further transfers.
Specifies that, upon completion of the transfer of reclamation project property to the project beneficiaries, such beneficiaries shall assume sole responsibility and liability for the projects and shall hold the United States harmless and indemnify the United States against any claims of damage, with exceptions.
Sets forth provisions regarding project purposes, operations, and cost allocations. | {"src": "billsum_train", "title": "Missouri River Basin, Kansas and Nebraska, Pick-Sloan Project Facilities Transfer Act"} | 3,331 | 189 | 0.582955 | 1.847165 | 0.714222 | 6.070588 | 17.817647 | 0.952941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School and Day-Care Lead-Based Paint
Reduction Act of 2001''.
SEC. 2. PROGRAM OF GRANTS REGARDING LEAD-BASED PAINT HAZARDS AT PUBLIC
ELEMENTARY SCHOOLS AND LICENSED CHILD DAY-CARE
FACILITIES.
(a) In General.--
(1) Authority for making grants.--The Secretary of Housing
and Urban Development may make grants to States, units of local
government, and local educational agencies for the purpose of
evaluating and reducing lead-based paint hazards at--
(A) public elementary schools; and
(B) child day-care facilities that are licensed by
the State in which the facilities are located.
(2) Consultations.--In carrying out this section, the
Secretary shall consult with the Secretary of Education, the
Administrator of the Environmental Protection Agency, and the
Secretary of Health and Human Services.
(b) Selection Criteria.--The Secretary shall make grants under
subsection (a) on the basis of the activities proposed to be carried
out with the grants and on the basis of the following criteria for
approving applications for the grants:
(1) The extent to which the proposed activities will reduce
the risk of lead poisoning to children at the eligible
facilities involved, with priority given to facilities that
serve significant numbers of children who are under the age of
6.
(2) The comparative degree of severity and extent of lead-
based paint hazards at the eligible facilities.
(3) The extent to which the facilities and the applicant
for the grant have the fiscal capacity to carry out the purpose
described in subsection (a) without a grant under such
subsection.
(4) The ability of the applicant to provide for the non-
Federal contributions required in subsection (d).
(5) The ability of the applicant to carry out the proposed
activities.
(6) Such other factors as the Secretary determines
appropriate to ensure that the grants are used effectively and
to promote the purpose described in subsection (a).
(c) Authorized Expenditures.--The Secretary may authorize the
expenditure of a grant under subsection (a) for the following purposes:
(1) To perform risk assessments and lead inspections at the
eligible facilities involved.
(2) To provide for the interim control of lead-based paint
hazards at such facilities.
(3) To provide for the abatement of such hazards at the
facilities.
(4) If the facilities are undergoing renovations carried
out with funds other than the grant, to provide for the
additional cost of reducing such hazards at the facilities.
(5) To ensure that risk assessments, inspections, and
abatements are carried out by certified contractors in
accordance with section 402 of the Toxic Substances Control
Act. This paragraph may not be construed as prohibiting
personnel who carry out maintenance or cleaning duties at
eligible facilities from performing their normal duties at the
facilities.
(6) To monitor the blood-lead levels of workers involved in
lead hazard reduction activities carried out pursuant to this
section.
(7) To assist in the temporary relocation of the activities
of the facilities while lead hazard reduction measures are
being conducted at the facilities.
(8) To educate the following individuals on the nature and
causes of lead poisoning and on measures to reduce lead-based
paint hazards at the facilities:
(A) School officials, teachers, and students at the
facilities, and parents of the students, in the case of
facilities that are eligible schools.
(B) Supervisors, staff, and children at the
facilities, and parents of the children, in the case of
facilities that are eligible child day-care facilities.
(C) Personnel who carry out maintenance duties at
the eligible facilities.
(D) Personnel who carry out cleaning duties at the
facilities.
(9) After lead-based paint hazard reduction activities have
been conducted at the facilities, to test soil, interior
surface dust, and the blood-lead levels of children at the
facilities to assure that such activities do not cause
excessive exposure to lead.
(10) To carry out the activities described in this
subsection at facilities that are not currently being used as
eligible facilities but are undergoing renovation in order to be used
as such facilities.
(11) To carry out such other activities as the Secretary
determines appropriate to promote the purpose described in
subsection (a).
(d) Requirement of Matching Funds.--
(1) In general.--A condition for the receipt of a grant
under subsection (a) is that, subject to paragraph (2), the
applicant for the grant agree to make available (directly or
through donations from public or private entities) non-Federal
contributions toward the purpose described in such subsection
in an amount that is not less than 50 percent of the amount of
the grant.
(2) Provisions regarding service to low-income children.--
With respect to eligible facilities that serve significant
numbers of children from low-income families, the following
apply:
(A) In the case of the activities described in
paragraphs (1) and (2) of subsection (c) (relating to
risk assessments, inspections, and interim control),
the Secretary may waive the requirement of paragraph
(1) or reduce the percentage that otherwise would be
applicable under such paragraph.
(B) In the case of other activities described in
subsection (c), the Secretary may reduce the percentage
that otherwise would be applicable under such
paragraph, except that the percentage may not be less
than 10 percent.
(3) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(e) Report.--A condition for the receipt of grant under subsection
(a) is that the applicant for the grant agree that the applicant will
for each fiscal year in which the grant is expended submit to the
Secretary a report that provides the following:
(1) A description of the purposes for which the grant was
expended.
(2) A statement of the number of risk assessments and
inspections conducted at eligible schools and at eligible child
day-care facilities.
(3) A statement of the number of eligible schools and
eligible child day-care facilities at which lead-based paint
hazards have been reduced through interim controls.
(4) A statement of the number of eligible schools and
eligible child day-care facilities at which lead-based paint
hazards have been abated.
(5) Such other information as the Secretary determines to
be appropriate.
(f) Other Conditions.--A condition for the receipt of grant under
subsection (a) is that the applicant for the grant agree to the
following:
(1) The grant will not be expended to replace other amounts
made available or designated by the State, unit of local
government, or local educational agency involved for the
purpose described in subsection (a). In determining compliance
with the preceding sentence, the Secretary shall count non-
Federal contributions provided by the applicant under
subsection (d).
(2) Not more than 10 percent of the grant will be used for
the administrative expenses of carrying out the purpose
described in subsection (a).
(3) The applicant will maintain and provide the Secretary
with financial records that are sufficient, in the
determination of the Secretary, to ensure proper accounting and
disbursing of the grant.
(g) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
(h) Coordination With Academic Year.--To the maximum extent
feasible, the Secretary shall in making grants under subsection (a)
with respect to eligible schools ensure that application deadlines and
grant notification timelines are compatible with the needs of State and
local officials in providing for a normal academic year at the eligible
schools involved.
(i) Definitions.--For purposes of this section:
(1)(A) The terms specified in subparagraph (B) have the
meanings given such terms in section 1004 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992.
(B) The terms referred to in subparagraph (A) are
``abatement''; ``certified contractor''; ``inspection'';
``interim controls''; ``lead-based paint''; ``lead-based paint
hazard''; ``reduction''; and ``risk assessment''.
(2) The term ``elementary school'' has the meaning given
such term in section 14101 of the Elementary and Secondary
Education Act of 1965.
(3) The term ``eligible child day-care facilities'' means
child day-care facilities described in subsection (a).
(4) The term ``eligible facilities'' means eligible schools
and eligible child day-care facilities.
(5) The term ``eligible schools'' means schools described
in subsection (a).
(6) The term ``local educational agency'' has the meaning
given such term in section 14101 of the Elementary and
Secondary Education Act of 1965.
(7) The term ``low income family'' means families that have
incomes at or below an amount equal to 200 percent of the
official poverty line, as established by the Director of the
Office of Management and Budget and revised by the Secretary of
Health and Human Services in accordance with section 673(2) of
the Omnibus Budget Reconciliation Act of 1981.
(8) The term ``Secretary'' means the Secretary of Housing
and Urban Development, unless the context indicates otherwise.
(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each fiscal year. | School and Day-Care Lead-Based Paint Reduction Act of 2001 - Authorizes the Secretary of Housing and Urban Development to make matching grants to States, local governments, and local educational agencies to evaluate and reduce lead-based paint hazards at public elementary schools and licensed child day-care facilities. | {"src": "billsum_train", "title": "To authorize the Secretary of Housing and Urban Development to make grants to evaluate and reduce lead-based paint hazards at public elementary schools and licensed child day-care facilities."} | 2,104 | 63 | 0.597792 | 1.459063 | 1.111014 | 4.77193 | 36.964912 | 0.947368 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Park
Centennial Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
TITLE I--CENTENNIAL FUND
Sec. 101. Centennial fund for preserving America's national parks.
Sec. 102. Designation of overpayments and contributions for the benefit
of units of the National Park System.
Sec. 103. Program allocation.
Sec. 104. Patriots for national parks.
TITLE II--ELIMINATING THE NATIONAL PARK MAINTENANCE BACKLOG
Sec. 201. Backlog elimination.
TITLE III--PROTECTING NATURAL WONDERS
Sec. 301. Natural resource challenge.
TITLE IV--PROTECTING NATIONAL TREASURES
Sec. 401. Cultural resource challenge.
TITLE V--MEETING ANNUAL OPERATING NEEDS
Sec. 501. Progress on annual appropriations.
TITLE VI--REPORTS
Sec. 601. Reports assessing the national parks.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The National Park Service was established to conserve
the national parks, their scenery, natural and historic
objects, and wildlife for public enjoyment, in such manner and
by such means as will leave them unimpaired for the enjoyment
of future generations.
(2) The central purpose of the establishment of our
national parks is being challenged by chronic funding
shortfalls, which have created annual shortfalls in operational
funding that exceed $800,000,000, and have amassed a
maintenance backlog estimated by the Congressional Research
Service to be between $4,520,000,000 and $6,800,000,000.
(3) Without providing the Park Service the resources
necessary to operate and maintain our national parks, future
generations will--
(A) receive diminished visitor services;
(B) experience a continually weakening system that
is less and less able to fulfill its mission; and
(C) inherit a National Park System that has been
left to them in worse condition than it was left to
their ancestors.
(4) The annual Congressional appropriations process has
proved insufficient to fully address the debilitating funding
shortfalls of the national parks, making it necessary to
supplement what the appropriations process is able to
accomplish.
(5) It is necessary to ensure that fiscal resources devoted
to the national parks are spent wisely and effectively, making
strong congressional oversight over annual appropriations
extremely important.
(6) Congress can enhance the resources available for
national park operations and ensure adequate oversight over
Park Service spending by removing from the appropriations
process a series of funding responsibilities that are outside
the core operating budgets for the national parks.
(b) Purpose.--The purpose of this Act is to eliminate the annual
operating deficit and the maintenance backlog in the national parks by
the centennial anniversary of the National Park System by enabling
Congress to focus on overseeing and fully funding the core operations
of the national parks in the annual appropriations process.
TITLE I--CENTENNIAL FUND
SEC. 101. CENTENNIAL FUND FOR PRESERVING AMERICA'S NATIONAL PARKS.
(a) Establishment.--There is established in the Treasury a fund
which shall be known as the ``National Park Centennial Fund'',
hereinafter in this Act referred to as the ``Centennial Fund''. In each
fiscal year beginning in fiscal year 2008, the Secretary of the
Treasury shall deposit into the Centennial Fund amounts set forth in
subsection (b) sufficient to fund the programs identified in titles II,
III, and IV.
(b) Appropriations.--There are hereby appropriated to the
Centennial Fund in each fiscal year, the following amounts:
(1) Amounts equivalent to the amounts designated in the
taxable year ending in the fiscal year concerned under section
6097 of the Internal Revenue Code of 1986.
(2) Any additional amounts necessary to make the total
amounts deposited to the Centennial Fund each fiscal year equal
to the total amount listed in section 103.
SEC. 102. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT
OF UNITS OF THE NATIONAL PARK SYSTEM.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE
BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM
``Part IX--Designation of Overpayments and Contributions for the
Benefit of Units of the National Park System
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each taxpayer's return for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
``(1) a specified portion (but not less than $1) of any
overpayment of tax for such taxable year, and
``(2) any cash contribution which the taxpayer includes
with such return,
shall be used for the benefit of units of the National Park System.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made in such manner as the
Secretary prescribes by regulations except that such designation shall
be made either on the first page of the return or on the page bearing
the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of any overpayment of tax designated under
subsection (a) shall be treated as being refunded to the taxpayer as of
the last date prescribed for filing the return of tax imposed by
chapter 1 (determined without regard to extensions) or, if later, the
date the return is filed.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end thereof the
following new item:
``Part IX. Designation of overpayments and contributions for the
benefit of units of the National Park
System''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 103. PROGRAM ALLOCATION.
(a) Annual Deposits.--There shall be deposited in the Centennial
Fund from amounts designated under section 6097 of the Internal Revenue
Code of 1986 (and from the General Fund of the Treasury to the extent
the amounts so designated are less than the total amounts specified in
this section for the fiscal year concerned), $200,000,000 for fiscal
year 2008 and, for each succeeding fiscal year through fiscal year
2016, an amount equal to 15 percent above the amount deposited the
prior fiscal year. Such amounts shall, without further appropriation,
be available to the Secretary of the Interior until expended.
(b) Sunset.--Effective October 1, 2016, titles II, III, and V of
this Act shall expire, after which time receipts generated from section
6097 of the Internal Revenue Code of 1986 shall be used to supplement
annual appropriations for base operations of the individual national
parks.
SEC. 104. PATRIOTS FOR NATIONAL PARKS.
There are hereby authorized to be appropriated to the Secretary of
the Interior such sums as necessary for a public awareness campaign
about the existence of the Centennial Fund and the ability of taxpayers
to contribute to it through the tax checkoff created in section 6097 of
the Internal Revenue Code of 1986.
TITLE II--ELIMINATING THE NATIONAL PARK MAINTENANCE BACKLOG
SEC. 201. BACKLOG ELIMINATION.
(a) In General.--Sixty percent of the funds deposited into the
Centennial Fund shall be used to eliminate the backlog of unmet needs
in the national parks, as identified in the Facility Condition Index
(hereinafter in this Act referred to as the ``FCI'') of the National
Park Service.
(b) Priorities.--(1) The Secretary of the Interior shall prepare,
as part of the annual budget proposal, a priority list of projects to
be funded under this section. Moneys shall be made available from the
Centennial Fund, without further appropriation, effective October 15 of
each calendar year, for the projects identified on the priority list.
(2) In preparing the list of projects to be funded under this
section, the Secretary of the Interior shall give priority to projects
that--
(A) are identified in the general management plan of a
national park;
(B) are listed in the FCI;
(C) are identified by the Secretary of the Interior as
necessary to prevent immediate damage to the natural, cultural,
or historic resources with a national park, with priority given
to projects with the most significant benefit to conservation
of resources or visitor education; and
(D) are identified as necessary to promote public health
and safety.
(c) Overhead.--National parks undertaking projects under this
section may allocate not more than 8 percent of the funds for such
projects for oversight of such projects and other associated overhead
responsibilities.
TITLE III--PROTECTING NATURAL WONDERS
SEC. 301. NATURAL RESOURCE CHALLENGE.
(a) Natural Resource Protection.--Twenty percent of the funds
deposited into the Centennial Fund shall be used to protect natural
resources within national parks.
(b) Project Description.--The Secretary of the Interior shall
prepare, as part of the annual budget proposal, a description of
projects to be funded under this section. Moneys shall be made
available from the Centennial Fund, without further appropriation,
effective October 15 of each calendar year for projects that include
each of the following:
(1) Natural resource inventories.
(2) Monitoring efforts including air and water quality
monitoring.
(3) Protection of native and endangered species and their
habitats.
(4) Control of nonnative species.
(5) Resource planning.
(6) Increased collaboration with scientists.
(7) Authorized environmental restoration projects.
(8) Use of national parks for learning, including visitor
education and interpretation.
(9) Establishment of partnerships with nonpark entities for
the purpose of leveraging Federal funds allocated to natural
resource protection.
TITLE IV--PROTECTING NATIONAL TREASURES
SEC. 401. CULTURAL RESOURCE CHALLENGE.
(a) Cultural Resources.--Twenty percent of the funds deposited into
the Centennial Fund shall be used to protect cultural resources within
national parks.
(b) Project Description.--The Secretary of the Interior shall
prepare, as part of the annual budget proposal, a description of
projects to be funded under this section. Moneys shall be made
available from the Centennial Fund, without further appropriation,
effective October 15 of each calendar year, for activities that include
each of the following:
(1) Cultural or historic resources not listed on the FCI.
(2) Documenting and preserving archaeological sites.
(3) Preserving collections and archives.
(4) Ethnographic activities.
(5) Evaluating and protecting cultural landscapes.
(6) Use of national parks for learning, including visitor
education and interpretation.
(7) Establishment of partnerships with non-park entities
for the purpose of leveraging Federal funds allocated to
cultural resource protection.
TITLE V--MEETING ANNUAL OPERATING NEEDS
SEC. 501. PROGRESS ON ANNUAL APPROPRIATIONS.
(a) GAO Report.--The General Accounting Office biennially shall
submit to the Committee on Appropriations, Committee on Government
Reform, and Committee on Resources of the United States House of
Representatives and to the Committee on Appropriations, Committee on
Government Affairs, and Committee on Energy and Natural Resources of
the United States Senate a report that describes each of the following:
(1) The progress of Congress in eliminating the annual
operating fund deficit in the National Park System, defined as
in excess of $800,000,000 based on a 2006 estimate of then-
complete national park business plans, and a projection of when
such deficit will be eliminated, based on funding levels and
trends.
(2) A comparison of business plan estimates of national
park needs versus actual funds appropriated to such national
parks.
(3) Any differences in the National Park Service's business
plan methodology for the estimate in paragraph (2) of this
subsection compared to that used in fiscal year 2003.
(4) Management improvement measures undertaken by
individual park units and by the National Park Service as a
whole, including actual realized savings and actual impact on
visitor services and resource protection.
(5) Adjustments in, and the total number of, full-time
equivalent and actual positions dedicated to resource
protection, visitor services, interpretation, and other
employment categories.
(6) Any adjustments made in service to the public,
including but not limited to adjustments to visitor center
hours and the number or quality of ranger-led tours.
(7) Any changes in the National Park Service's level of
effort due to partnership or other leveraged activities.
(8) Any new requirements and assessments placed on the
national parks for unbudgeted expenses, including, but not
limited to, homeland security, natural disasters, and employee
cost-of-living adjustments.
(9) An assessment of the accuracy and completeness of the
Facility Condition Index described in title I of this Act,
including adjustments made to such Index on an annual basis.
(b) Business Plan Implementation Demonstration Program.--In
consultation with the Director of the National Park Service, at least
60 percent of the amounts provided under titles II, III, and IV shall
be distributed to national parks that have completed comprehensive
business plans under the Business Plan Initiative of the National Park
Service.
(c) Education and the National Parks.--The Secretary of Education
is hereby authorized to provide grants to elementary and secondary
schools to enter into cooperative agreements with the National Park
Service for the purpose of distance learning and onsite education
programs for the following purposes:
(1) Connecting students to the history of our Nation
through the national parks.
(2) Using the national parks to facilitate scientific
instruction.
(d) Intent of Congress To Supplement Annual Appropriations for
National Park Service.--Amounts made available by this Act are intended
by the Congress to supplement, and not detract from, annual
appropriations for the National Park Service.
TITLE VI--REPORTS
SEC. 601. REPORTS ASSESSING THE NATIONAL PARKS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of the Interior shall submit to
Congress the following reports:
(1) A comprehensive report of the historical, cultural, and
environmental resources currently represented in the National
Park System. The report shall include recommendations regarding
what gaps, if any, in resource representation may be filled by
the National Park Service during its second centennial.
(2) A comprehensive report of the National Park Service's
outreach efforts to raise interest in National Parks among
young people and different ethnic groups. The report shall
include--
(A) an analysis of partnerships between National
Parks and local communities that are working on
educational programs and of the programs on which they
are working; and
(B) recommendations regarding how the outreach
efforts and partnerships could be improved during the
National Park Service's second centennial.
(3) A comprehensive report on the condition of the roads
and bridges used by visitors in National Parks. The report
shall inventory the needs for repairs and replacements of those
roads and bridges and recommendations for new roads and
bridges.
(4) A comprehensive report on the conditions of alternative
transportation systems in National Parks. The report shall
include recommendations for repairs and replacements of
alternative transportation systems, and for additional
alternative transportation systems, especially those needed to
accommodate bicyclists and pedestrians. For the purpose of this
paragraph, ``alternative transportation systems''--
(A) means transportation by bus, rail, or any other
publicly or privately owned conveyance that provides
service to the public general or special service on a
regular basis;
(B) includes sightseeing service;
(C) includes a non-motorized transportation system
(including the provision of facilities for pedestrians,
bicycles and nonmotorized craft) both public and
private; and
(D) is not limited to systems that provide access
to motorized systems.
(b) Funding.--The Secretary of the Interior shall use the first
$300,000 deposited into the Centennial Fund to carry out this section. | National Park Centennial Act - Establishes the National Park Centennial Fund in the Treasury.
Amends the Internal Revenue Code to allow individual taxpayers to designate overpayments and contributions for the benefit of the National Park System. Allocates such amounts to the Fund (along with necessary amounts from the General Fund to the extent that such amounts are inadequate in any fiscal year) for expenditure by the Secretary of the Interior.
Authorizes appropriations for a public awareness campaign about the Fund and the ability of taxpayers to make tax-related contributions.
Requires a specified percentage of Fund deposits to be used: (1) for the elimination of the backlog of unmet needs in the national parks as identified in the Facility Condition Index of the National Park Service (NPS); (2) to protect natural resources within the parks; and (3) to protect cultural resources within the parks. Requires a majority of such percentages to be distributed to those national parks that have completed comprehensive business plans under the Business Plan Initiative of the NPS.
Directs the Government Accountability Office (GAO) annually to submit a report on the National Park System.
Authorizes the Secretary of Education to provide grants to elementary and secondary schools for cooperative agreements with the NPS providing distance learning and onsite education programs.
Requires the Secretary of the Interior to submit specified reports assessing the national parks. | {"src": "billsum_train", "title": "To eliminate the annual operating deficit and maintenance backlog in the national parks, and for other purposes."} | 3,671 | 294 | 0.526091 | 1.601244 | 0.746698 | 3.251938 | 12.972868 | 0.910853 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Port Security Grants Act of 2005''.
SEC. 2. PORT SECURITY GRANT PROGRAM.
(a) Grants Authorized.--The Secretary of Homeland Security
(referred to in this Act as the ``Secretary''), acting through the
Office of State and Local Government Coordination and Preparedness,
shall establish a grant program to fairly and equitably allocate
Federal financial assistance--
(1) to help implement Area Maritime Transportation Security
Plans required under section 70103(b) of title 46, United
States Code;
(2) to correct port security vulnerabilities identified
through vulnerability assessments approved by the Secretary; or
(3) to non-Federal projects contributing to the overall
security of an individual port or the system of ports in the
United States, as determined by the Secretary.
(b) Grant Awards.--In awarding grants under this Act, the Secretary
shall--
(1) take into account national economic and strategic
defense considerations of individual ports; and
(2) strongly encourage efforts to promote--
(A) integration of port wide security;
(B) information and intelligence sharing; and
(C) joint efforts, such as joint harbor operations
centers between all port stakeholders.
(c) Use of Funds.--Grants awarded under this section may be used--
(1) to help implement Area Maritime Transportation Security
Plans required under section 70103(b) of title 46, United
States Code;
(2) to correct port security vulnerabilities identified
through vulnerability assessments approved by the Secretary;
(3) for the salaries, benefits, overtime compensation, and
other costs of additional security personnel for State and
local agencies for activities required by the Area Maritime
Security Plan for a port area if--
(A) the Secretary increases the threat level under
the Homeland Security Advisory System to Code Orange or
Code Red;
(B) the Commandant of the Coast Guard raises the
Maritime Security level to MARSEC Level 2 or 3; or
(C) the Secretary otherwise authorizes such costs;
(4) for the cost of acquisition, operation, and maintenance
of equipment that contributes to the overall security of the
port area, as identified in the Area Maritime Security Plan if
the need is based upon vulnerability assessments approved by
the Secretary or identified in the Area Maritime Security Plan;
(5) to develop joint harbor operations centers that bring
together Federal, State, and local officials and stakeholders
into a common operation center that is focused on port area
security;
(6) to conduct vulnerability assessments approved by the
Secretary; and
(7) to conduct port wide exercises to strengthen emergency
preparedness of Federal, State, and local officials responsible
for port security, including law enforcement personnel, in
support of the Area Maritime Security Plan.
(d) Prohibited Uses.--Grants awarded under this section may not be
used to construct buildings or other physical facilities or to acquire
land unless such use is specifically approved by the Secretary in
support of subsection (c)(5).
(e) Matching Requirements.--
(1) Federal funding.--Except as provided in paragraph (2),
Federal funds for any eligible project under this section shall
not exceed 75 percent of the total cost of such project.
(2) Exceptions.--
(A) Small projects.--Paragraph (1) shall not apply
to grants under this section for stand alone projects
costing not more than $25,000. The amount under this
subparagraph shall be indexed to the consumer price
index and modified each fiscal year after the annual
publication of the consumer price index.
(B) Reduction in matching requirement.--If the
Secretary determines that a proposed project merits
support and cannot be undertaken without a higher
percentage of Federal financial assistance, the
Secretary may award a grant for such project with a
lesser matching requirement than is described in
paragraph (1).
(f) Application.--
(1) In general.--The Secretary shall determine who, as an
eligible applicant, may submit an application, at such time, in
such form, and containing such information and assurances as
the Secretary, working through the Office of State and Local
Government Coordination and Preparedness, may require.
(2) Minimum standards for payment or reimbursement.--Each
application submitted under paragraph (1) shall include--
(A) a comprehensive description of--
(i) the need for the project;
(ii) the methodology for coordinating the
project into the security of the greater port
area, as identified in the Area Maritime
Security Plan;
(iii) any existing cooperation agreements
with other port facilities, vessels, or
organizations that benefit security of the
entire port; and
(iv) the applicability of the project to
the Area Maritime Transportation Security Plan;
and
(B) a determination by the Captain of the Port that
the security project--
(i) addresses or corrects port security
vulnerabilities identified by the Coast Guard,
or through port security vulnerability
assessments approved by the Secretary; and
(ii) helps to ensure compliance with the
Area Maritime Transportation Security Plan.
(3) Procedural safeguards.--The Secretary, in consultation
with the Office of the Inspector General, shall issue
guidelines to establish appropriate accounting, reporting, and
review procedures to ensure that--
(A) grant funds are used for the purposes for which
they were made available;
(B) grantees have properly accounted for all
expenditures of grant funds; and
(C) grant funds not used for such purposes and
amounts not obligated or expended are returned.
(4) Project approval required.--The Secretary may not award
a grant under this section unless the Secretary determines
that--
(A) the project to be carried out with such grant
funding--
(i) is consistent with vulnerability
assessments approved by the Secretary;
(ii) supports cooperation or integration of
Federal, State, local, and industry
stakeholders in the port area; and
(iii) helps to implement the Area Maritime
Transportation Security Plan;
(B) sufficient funding is available to meet the
matching requirement described under subsection (d);
(C) the project will be completed without
unreasonable delay; and
(D) the recipient has authority to carry out the
proposed project.
(g) Coordination and Cooperation.--The Secretary--
(1) shall ensure that all projects that receive grant
funding under this section within any area defined in an Area
Maritime Transportation Security Plan are coordinated with
other projects in such area; and
(2) may require cooperative agreements among users of the
port and port facilities with respect to projects funded under
this section.
(h) Audits and Examinations.--All grantees under this section shall
maintain such records as the Secretary may require and make such
records available for review and audit by the Secretary, the
Comptroller General of the United States, or the Inspector General of
the Department of Homeland Security.
(i) Reports on Security Funding and Compliance.--
(1) Initial report.--Not later than 6 months after the date
of enactment of this Act, the Secretary shall submit an
unclassified report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives containing a
proposal to implement the port security grant program for
fiscal years 2007 through 2012.
(2) Annual reports.--Not later than 1 year after the
submission of the report required by paragraph (1), and
annually through October 1, 2013, the Secretary shall submit an
unclassified report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives, regarding
the progress made in meeting the objectives described in
subparagraphs (A) and (B) of paragraph (1), that--
(A) identifies any funding modifications necessary
to meet the objectives described in such subparagraphs
(A) and (B);
(B) includes an assessment of progress in
implementing the grant program established under this
Act; and
(C) includes any recommendations the Secretary may
make to improve these programs.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(1) In general.--There are authorized to be appropriated to
the Secretary $400,000,000 for each of the fiscal years 2007
through 2012 to carry out this Act.
(2) Source of funds.--The amounts authorized to be
appropriated under paragraph (1) shall originate from duties
collected by United States Customs and Border Protection. | Port Security Grants Act of 2005 - Requires the Secretary of Homeland Security, acting through the Office of State and Local Government Coordination and Preparedness, to establish a grant program to fairly and equitably allocate Federal financial assistance: (1) to help implement Area Maritime Transportation Security Plans; (2) to correct port security vulnerabilities; and (3) for non-Federal projects contributing to the overall security of an individual port or system of ports.
Directs the Secretary, in awarding grants under this Act, to: (1) take into account national economic and strategic defense considerations of individual ports; and (2) strongly encourage efforts to promote integration of port-wide security, information and intelligence sharing, and joint efforts.
Sets forth authorized and prohibited uses of grant funds.
Limits the Federal share of funding for eligible projects to 75 percent of the total cost, subject to specified exceptions.
Requires the Secretary to: (1) establish grant application procedures and requirements, subject to specified minimum standards; and (2) submit reports on security funding and compliance to specified congressional committees.
States that amounts authorized to be appropriated by this Act (for FY 2007 through 2012) shall originate from duties collected by U.S. Customs and Border Protection. | {"src": "billsum_train", "title": "To improve the security of the Nation's ports by providing Federal grants to support Area Maritime Transportation Security Plans and to address vulnerabilities in port areas identified in approved vulnerability assessments or by the Secretary of Homeland Security."} | 1,761 | 255 | 0.718827 | 2.164921 | 0.911792 | 4.359504 | 7.11157 | 0.904959 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Public
Transportation Terrorism Prevention Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Memorandum of understanding.
Sec. 4. Security assessments.
Sec. 5. Security assistance grants.
Sec. 6. Intelligence sharing.
Sec. 7. Research, development, and demonstration grants.
Sec. 8. Reporting requirements.
Sec. 9. Authorization of appropriations.
Sec. 10. Sunset provision.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) throughout the world, public transportation systems
have been a primary target of terrorist attacks, causing
countless death and injuries;
(2) 6,000 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential to the Nation's economy and for significant national
and international public events;
(5) the Federal Transit Administration has invested
$68,700,000,000 since 1992 for construction and improvements to
the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$11,000,000,000 in fiscal years 2002 and 2003 to protect our
Nation's aviation system and its 1,800,000 daily passengers;
(7) the Federal Government invested $115,000,000 in fiscal
years 2003 and 2004 to protect public transportation systems in
the United States;
(8) the Federal Government has invested $9.16 in aviation
security improvements per passenger, but only $0.006 in public
transportation security improvements per passenger;
(9) the General Accounting Office, the Mineta Institute for
Surface Transportation Policy Studies, the American Public
Transportation Association, and other experts have reported an
urgent need for significant investment in transit security
improvements; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.
SEC. 3. MEMORANDUM OF UNDERSTANDING.
(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Secretary of Transportation shall enter into a
memorandum of understanding with the Secretary of Homeland Security to
define and clarify the respective public transportation security roles
and responsibilities of the Department of Transportation and the
Department of Homeland Security.
(b) Contents.--The memorandum of understanding described in
subsection (a) shall--
(1) establish a process to develop security standards for
public transportation agencies;
(2) establish funding priorities for grants from the
Department of Homeland Security to public transportation
agencies;
(3) create a method of direct coordination with public
transportation agencies on security matters;
(4) address any other issues determined to be appropriate
by the Secretary of Transportation and the Secretary of
Homeland Security; and
(5) include a formal and permanent mechanism to ensure
coordination and involvement by the Department of
Transportation, as appropriate, in public transportation
security.
SEC. 4. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
enactment of this Act, the Federal Transit Administration of
the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Department of Homeland Security.
(2) Review.--The Secretary of Homeland Security shall
review and augment the security assessments received under
paragraph (1).
(3) Allocations.--The assessments described in paragraph
(1) shall be used as the basis for allocating grant funds under
section 5, unless the Secretary of Homeland Security determines
that an adjustment is necessary to respond to an urgent threat
or other significant factors, after notification to the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(4) Security improvement priorities.--The Secretary of
Homeland Security shall establish security improvement
priorities, in consultation with the management and employee
representatives of each public transportation system receiving
an assessment that will be used by public transportation
agencies for any funding provided under section 5.
(5) Updates.--The Secretary of Homeland Security shall
annually update the assessments referred to in this subsection
and conduct assessments of all transit agencies considered to
be at greatest risk of a terrorist attack.
(b) Use of Assessment Information.--The Secretary of Homeland
Security shall use the information collected under subsection (a)--
(1) to establish the process for developing security
guidelines for public transportation security;
(2) to design a security improvement strategy that
minimizes terrorist threats to public transportation systems;
and
(3) to design a security improvement strategy that
maximizes the efforts of public transportation systems to
mitigate damage from terrorist attacks.
(c) Bus Public Transportation Systems.--The Secretary of Homeland
Security shall conduct assessments of local bus-only public
transportation systems to determine the specific needs of this form of
public transportation that are appropriate to the size and nature of
the bus system.
(d) Rural Public Transportation Systems.--The Secretary of Homeland
Security shall conduct assessments of selected public transportation
systems that receive funds under section 5311 of title 49, United
States Code, to determine the specific needs of this form of public
transportation that are appropriate to the size and nature of the
system.
SEC. 5. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the priorities
established under section 4(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or
explosive detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator
type system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section 4(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for transit employees,
including bus and rail operators, mechanics, customer
service, maintenance employees, transit police, and
security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or
explosives detection;
(E) overtime reimbursement for enhanced security
personnel during significant national and international
public events, consistent with the priorities
established under section 4(a)(4); and
(F) other appropriate security improvements
identified under section 4(a)(4), excluding routine,
ongoing personnel costs.
(c) Congressional Notification.--Not later than 3 days before any
grant is awarded under this section, the Secretary of Homeland Security
shall notify the Committee on Banking, Housing, and Urban Affairs of
the Senate of the intent to award such grant.
(d) Transit Agency Responsibilities.--Each public transportation
agency that receives a grant under this section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this subsection; and
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(e) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified for that grant under this section, the grantee shall return
any amount so used to the Treasury of the United States.
SEC. 6. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary of Homeland Security shall
ensure that the Department of Transportation receives appropriate and
timely notification of all credible terrorist threats against public
transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Department of Homeland Security
shall fund the reasonable costs of the Information Sharing and
Analysis Center for Public Transportation (referred to in this
subsection as the ``ISAC'') established pursuant to
Presidential Directive 63 to protect critical infrastructure.
(2) Public transportation agency participation.--The
Secretary of Homeland Security--
(A) shall require those public transportation
agencies that the Secretary determines to be at
significant risk of terrorist attack to participate in
the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge any public transportation
agency a fee for participation in the ISAC.
SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.
(a) Grants Authorized.--The Secretary of Homeland Security, in
consultation with the Federal Transit Administration, shall award
grants to public or private entities to conduct research into, and
demonstration of, technologies and methods to reduce and deter
terrorist threats or mitigate damages resulting from terrorist attacks
against public transportation systems.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
for--
(1) researching chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(2) researching imaging technologies;
(3) conducting product evaluations and testing; and
(4) researching other technologies or methods for reducing
or deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that receives a grant under
this section shall report annually to the Department of Homeland
Security on the use of grant funds received under this section.
(d) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified under subsection (b), the grantee shall return any amount so
used to the Treasury of the United States.
SEC. 8. REPORTING REQUIREMENTS.
(a) Annual Report to Congress.--Not later than March 31 of each
year, the Secretary of Homeland Security shall submit a report, which
describes the implementation of section 4 through 7, and the state of
public transportation security in the United States, to--
(1) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(2) the Committee on Governmental Affairs of the Senate;
and
(3) the Committee on Appropriations of the Senate.
(b) Annual Report to Governors.--Not later than March 31 of each
year, the Secretary of Homeland Security shall submit a report to the
governor of each State in which a transit agency that has received a
grant under this Act is operating that specifies the amount of grant
funds distributed to each such transit agency and the use of such grant
funds.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are authorized to
be appropriated $3,500,000,000 for fiscal year 2005 to carry out the
provisions of section 5(a), which shall remain available until
expended.
(b) Operational Security Assistance Program.--There are authorized
to be appropriated to carry out the provisions of section 5(b)--
(1) $800,000,000 for fiscal year 2005;
(2) $500,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
(c) Intelligence.--There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of section 6.
(d) Research.--There are authorized to be appropriated $200,000,000
for fiscal year 2005 to carry out the provisions of section 7, which
shall remain available until expended.
SEC. 10. SUNSET PROVISION.
This Act is repealed on October 1, 2007. | Public Transportation Terrorism Prevention Act of 2004 - (Sec. 3) Directs the Secretary of Transportation to enter into a memorandum of understanding (MOU) with the Secretary of Homeland Security (Secretary) to define and clarify the respective public transportation security roles and responsibilities of the Department of Transportation (DOT) and the Department of Homeland Security (DHS). Requires DOT's Federal Transit Administration to submit all public transportation security assessments to DHS and the Secretary of Homeland Security to review and augment such assessments.
(Sec. 4) Requires the Secretary to: (1) establish security improvement priorities and to update them annually; (2) conduct assessments of all transit agencies considered to be at greatest risk of a terrorist attack, of local bus-only public transportation systems, and of selected rural transportation systems; and (3) use information collected to establish the process for developing security guidelines.
(Sec. 5) Directs the Secretary to award grants directly to public transportation agencies for allowable capital security improvements (including tunnel and perimeter protection systems, and surveillance and communications equipment); and (2) operational security improvements (including security training for transit employees, drills, public awareness campaigns, and canine patrols for chemical, biological, or explosives detection). Requires grantees that have used grant funds for purposes other than for grant purposes to return any amount so used to the Treasury.
(Sec. 6) Directs the Secretary to: (1) ensure that DOT receives appropriate and timely notification of all credible terrorist threats against U.S. public transportation assets; and (2) award grants for research, development, and demonstration of technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from such attacks. Requires DHS to fund the reasonable costs of an Information Sharing and Analysis Center for Public Transportation. Directs the Secretary to require public transportation agencies that have been determined to be at significant risk of terrorist attack to participate in the ISAC. Encourages other public transportation agencies to participate in the ISAC, without charge of a fee.
(Sec. 8) Directs the Secretary to report: (1) to specified congressional committees on the implementation of this Act and on the state of public transportation security in the United States; and (2) to the governor of each State in which a transit agency that has received a grant is operating on the amount of the grant and its use.
(Sec. 9) Authorizes appropriations for FY 2005 for: (1) the Capital Security Assistance Program; (2) the Operational Security Assistance Program; (3) intelligence; and (4) research. | {"src": "billsum_train", "title": "An original bill to authorize the Secretary of Homeland Security to award grants to public transportation agencies to improve security, and for other purposes."} | 2,590 | 549 | 0.653934 | 2.257794 | 0.704958 | 3.713147 | 4.974104 | 0.944223 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Financial
Collapse and Recovery Act of 2008''.
SEC. 2. ESTABLISHMENT.
There is hereby established the National Commission on the
Financial Collapse and Recovery of 2008 (in this Act referred to as the
``Commission'') as an establishment in the legislative branch.
SEC. 3. DUTIES.
The duties of the Commission shall be--
(1) to examine, analyze, and determine the facts and causes
relating to the collapse of the financial markets and financial
institutions that occurred during 2008;
(2) to collect and report on the evidence developed and
collected by all relevant agencies of the Federal Government
regarding the facts and circumstances surrounding the financial
failures;
(3) to make a full and complete accounting of the
circumstances surrounding the failures and the extent of
regulatory preparedness for an immediate response to the
failures; and
(4) to report to the President and the Congress on the
findings and conclusions pursuant to paragraphs (1) through (3)
and to recommendation for corrective measures that can be taken
to prevent such failures in the future.
SEC. 4. MEMBERSHIP.
(a) Members of the Commission.--The Commission shall consist of the
following members:
(1) 3 members who shall be appointed by the majority leader
of the Senate.
(2) 3 members who shall be appointed by the minority leader
of the Senate.
(3) 3 members who shall be appointed jointly by the Speaker
and majority leader of the House of Representatives.
(4) 3 members who shall be appointed by the minority leader
of the House of Representatives.
(b) Political Affiliation.--Not more than 5 members of the
Commission may be of the same political party.
(c) Nongovernmental Appointees.--An individual appointed to the
Commission may not be an officer or employee of the Federal Government
or any State or local government.
(d) Other Qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent United
States citizens who--
(1) have national recognition and significant depth of
experience in such professions as governmental service, law
enforcement, law, economics, banking, financial services,
public administration, commerce, and international banking; and
(2) should not have any conflict of interest in carrying
out the responsibilities of serving on the Commission.
(e) Deadline for Appointment.--All members of the Commission shall
be appointed within 30 days after the date of the enactment of this
Act.
(f) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable following
appointment of the members.
(g) Chairman.--The Chairman of the Commission shall be elected by
the members.
(h) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. Any vacancy in
the Commission shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
SEC. 5. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents, as the Commission or such designated
subcommittee or designated member may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairman and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the chairman or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subparagraph (A), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
SEC. 7. REPORT.
Not later than 18 months after the date of the enactment of this
Act, the Commission shall submit to the President and Congress a final
report setting forth the findings and conclusions of the Commission
pursuant to paragraphs (1) through (3) of section 3 and any
recommendations as have been agreed to by a majority of the members of
the Commission for corrective measures that can be taken to prevent the
failures referred to in such paragraphs in the future.
SEC. 8. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the final report
under section 7 is submitted.
(b) Activities Before Termination.--The Commission may use such 60-
day period for the purpose of concluding its activities, including
providing testimony to committees of the Congress concerning its
reports and disseminating the final report.
SEC. 9. FUNDING.
(a) Appropriation.--There is hereby appropriated out of any money
in the Treasury not otherwise appropriated $2,000,000 for purposes of
the carrying out the activities of the Commission under this Act.
(b) Authorization of Additional Funding.--There are authorized to
be appropriated such sums as may be necessary in addition to the
amounts made available under subsection (a) for carrying out the
activities of the Commission under this Act. | National Commission on Financial Collapse and Recovery Act of 2008 - Establishes in the legislative branch the National Commission on the Financial Collapse and Recovery of 2008 to study and report to the President and Congress on the facts, circumstances, and causes relating to the collapse of the financial markets and financial institutions that occurred during 2008, along with recommendations for corrective measures to prevent such failures in the future. | {"src": "billsum_train", "title": "To establish a legislative commission to examine the causes of the financial crisis of 2008."} | 2,111 | 83 | 0.625952 | 1.630775 | 1.392797 | 5.027027 | 26.337838 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Law Enforcement Assistance Act
of 2000''.
SEC. 2. FUNDING TO NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the members of the
Board of the Center elected in accordance with the bylaws of
the Center.
(2) Center.--The term ``Center'' means the National Center
for Rural Law Enforcement, a nonprofit corporation located in
Little Rock, Arkansas.
(3) Executive director.--The term ``Executive Director''
means the Executive Director of the Center as appointed in
accordance with the bylaws of the Center.
(4) Institutions of higher education.--The term
``institutions of higher education'' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
(5) Metropolitan statistical area.--The term ``metropolitan
statistical area'' has the same meaning given the term by the
Bureau of the Census of the Department of Commerce.
(6) Rural area.--The term ``rural area'' means an area that
is located outside of a metropolitan statistical area.
(7) Rural law enforcement agency.--The term ``rural law
enforcement agency'' means a law enforcement agency that serves
a city, town, township, borough, or village that is located in
rural area.
(b) Grant Authority.--The Attorney General shall annually make a
grant to the National Center for Rural Law Enforcement, if the
Executive Director certifies in writing to the Attorney General that
the Center--
(1) is incorporated in accordance with applicable State
law;
(2) is in compliance with the bylaws of the Center;
(3) will use amounts made available under this section in
accordance with subsection (c); and
(4) will not support any political party or candidate for
elected or appointed office.
(c) Uses of Funds.--
(1) Required uses of funds.--The Center shall use amounts
made available under a grant this section to develop an
education and training program for rural law enforcement
agencies, and the employees of those agencies, which shall
include--
(A) the development and delivery of management
education and training, technical assistance, practical
research and evaluation, and computer and forensic
education and training for employees of rural law
enforcement agencies (including tribal law enforcement
agencies and railroad law enforcement agencies),
including supervisory and executive managers of those
agencies;
(B) conducting research into the causes and
prevention of criminal activity in rural areas,
including the causes, assessment, evaluation, analysis,
and prevention of criminal activity;
(C) the development and dissemination of
information designed to assist States and units of
local government in rural areas throughout the United
States;
(D) the establishment and maintenance of a resource
and information center for the collection, preparation,
and dissemination of information regarding criminal
justice and law enforcement in rural areas, including
programs for the prevention of crime and recidivism;
and
(E) the delivery of assistance, in a consulting
capacity, to criminal justice agencies in the
development, establishment, maintenance, and
coordination of programs, facilities and services,
training, and research relating to crime in rural
areas.
(2) Permissive uses of funds.--The Center may use amounts
made available under a grant under this section to enhance the
education and training program developed under paragraph (1),
through--
(A) educational opportunities for rural law
enforcement agencies;
(B) the development, promotion, and voluntary
adoption of educational and training standards and
accreditation certification programs for rural law
enforcement agencies and the employees of those
agencies;
(C) grants to, and contracts with, State, and local
governments, law enforcement agencies, public and
private agencies, educational institutions, and other
organizations and individuals to carry out this
paragraph;
(D) the formulation and recommendation of law
enforcement policy, goals, and standards in rural areas
applicable to criminal justice agencies, organizations,
institutions, and personnel; and
(E) coordination with institutions of higher
education for the purpose of encouraging programs of
study at those institutions for employees of rural law
enforcement agencies.
(d) Powers.--In carrying out subsection (c), the Executive Director
may--
(1) request the head of any Federal department or agency to
detail, on a reimbursable basis, 1 or more employees of that
department or agency to the Center to assist the Center in
carrying out subsection (c), and any such detail shall be
without interruption or loss of civil service status or
privilege;
(2) request the Administrator of the General Services
Administration to provide the Center, on a reimbursable basis,
the administrative support services necessary for the Center to
carry out subsection (c); and
(3) procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates of
compensation established by the Board, but not to exceed the
daily equivalent of the maximum rate of pay payable for a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(e) Reporting Requirements.--The Executive Director shall annually
submit to the Attorney General a report, which shall include--
(1) a description of the education and training program
developed under subsection (c);
(2) the number and demographic representation of
individuals who attended programs sponsored by the Center;
(3) a description of the extent to which resources of other
governmental agencies or private entities were used in carrying
out subsection (c); and
(4) a description of the extent to which contracts with
other public and private entities were used in carrying out
subsection (c).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $22,000,000 for fiscal year 2001; and
(2) such sums as may be necessary for each of fiscal years
2002 through 2006. | Requires the Center to use such funds to develop an education and training program for rural law enforcement agencies for specified purposes, including: (1) the development and delivery of management education and training for employees of such agencies; and (2) the delivery of assistance (in a consulting capacity) to criminal justice agencies in the development and coordination of programs, training, and research relating to crime in rural areas.
Permits the Center to use such funds to enhance that education and training program through specified means, including: (1) educational opportunities for rural law enforcement agencies; and (2) coordination with institutions of higher education to encourage programs of study at those institutions for employees of such agencies. | {"src": "billsum_train", "title": "Rural Law Enforcement Assistance Act of 2000"} | 1,264 | 135 | 0.621722 | 1.70286 | 0.696337 | 3.926471 | 9.227941 | 0.941176 |
SECTION 1. FEASIBILITY STUDY.
(a) Study.--Pursuant to Federal reclamation law (the Act of June 7,
1902, and all Acts amendatory thereof or supplementary thereto), the
Secretary, acting through the Bureau of Reclamation, is authorized to
conduct a feasibility study to determine the most feasible method of
meeting the present and future water supply and related storage
requirements within the area served by the Fryingpan-Arkansas Project,
including the potential enlargement of Fryingpan-Arkansas facilities.
The feasibility study shall--
(1) be conducted consistent with the document titled
``Economic and Environmental Principles and Guidelines for
Water and Related Land Resources Implementation Studies''
(United States Water Resources Council, 1983, United States
Government Printing Office), any subsequent modifications of
that document, and all applicable Federal statutes; and
(2) include, but not be limited to, an evaluation of
existing and reasonably feasible and practicable potential
water supplies, uses, and management options as they relate to
meeting the document referred to in paragraph (1).
(b) Submission of Study.--The Secretary shall submit the
feasibility study authorized by this section to the President and the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives.
(c) Use of Funds.--No Federal funds shall be expended for the
construction of enlargements or any other alternative identified in the
feasibility study authorized by this section for which authority does
not before the date of the enactment of this Act, without further
authorization by Congress.
(d) Authorization of Appropriations; Matching Requirement.--There
is authorized to be appropriated to the Secretary $4,000,000 to conduct
the feasibility study authorized by this section. All Federal funds
made available to conduct that study shall be matched in equal amount
by non-Federal funds.
(e) Limitation on Construction.--No construction to enlarge the
Fryingpan-Arkansas Project may be conducted until the studies referred
to in section 3 are completed.
SEC. 2. SECRETARY AUTHORIZED TO FOLLOW ORIGINAL CONGRESSIONAL INTENT OF
PROJECT.
Not withstanding other provisions of law, the Secretary shall not
enter into any new contracts, contract extensions, or contract
renewals--
(1) with entities for use of excess capacity space in
Fryingpan-Arkansas facilities to store water or for use outside
of the natural basins of the Arkansas or Colorado rivers; or
(2) that use the Fryingpan-Arkansas facilities or water
rights for beneficial use outside the natural Basins of the
Arkansas River or the Colorado River.
SEC. 3. STATE OF COLORADO STUDIES.
(a) In General.--The Secretary of the Interior may provide
financial assistance to the State of Colorado, under the direction of
the Governor of that State, to conduct a study, or choose an
appropriate organization such as Colorado State University-Pueblo to
conduct a study, to identify the cumulative impacts of past, current,
or proposed transfers of water from the Arkansas and Colorado River
basins to communities not located in the natural basins of the Arkansas
River or the Colorado River, and from agriculturally based communities
within the Arkansas River basin to expanding municipalities within the
Arkansas River basin.
(b) Study Criteria.--The study authorized under this section shall
evaluate the following:
(1) Environmental impacts such as impacts on water quality
and wildlife habitat, and water supply both for human and
environmental and recreational uses.
(2) Social, cultural, recreational and economic impacts,
including any disproportionate impacts of minority and/or low-
income populations that result from actual or proposed water
exchanges, water trades, and out-of-basin transfers from the
Arkansas River basin and the Colorado River basin.
(3) The financial effects of water transfers out of the
Arkansas River basin and the Colorado River basin for the
sending and receiving communities.
(4) The impacts, including cumulative effects, of proposed
water supply and storage methods on the area served by the
Fryingpan-Arkansas Project and the natural basins of the
Arkansas River and the Colorado River within Colorado that may
be impacted by the implementation of such water supply and
storage methods, taking into account the hydrologic conditions
during the period from 1982 to the date the study is conducted.
(5) The impacts of return and exchange flows in the
Fountain Creek due to proposed and past transfers and exchanges
of water from the Arkansas River to municipalities and
entities, including the municipality of Colorado Springs,
including but not limited to--
(A) the effects on water quality and flood
potential; and
(B) mitigation alternatives for identified impacts,
including flood control storage facilities on the
Fountain Creek.
(6) Any effect to stream flows in the Roaring Fork River
due to any expansions of the Fryingpan-Arkansas facilities.
(7) Feasible options to resolve or mitigate the impacts and
effects evaluated in the study.
(c) Submission of Report.--As a condition of assistance under the
section, the Governor of Colorado shall submit a report of the results
of the study funded under this section to the President and the
President Pro Tempore of the United States Senate and the Speaker of
the United States House of Representatives upon completion of the
study.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 4. COLORADO RIVER BASIN PROTECTION.
(a) Use of Water Storage Capacity.--Any excess water storage
capacity of the Fryingpan-Arkansas Project to divert, store, impound,
pump, exchange, or convey nonproject water made available under
contracts shall not be used so as to increase diversion of nonproject
water from the natural basin of the Colorado River within Colorado into
another river basin for delivery or storage unless--
(1) the diversion is the subject of a decree entered before
the date of the enactment of this Act for which no new
infrastructure or legal approvals are necessary to divert the
water out of the natural basin of the Colorado River;
(2) the diversion is the subject of an agreement in
existence on the date of the enactment of this Act,
contemplating additional diversions diverted through or stored
in the facilities studied by this Act, between the beneficiary
of such transbasin diversion and the water conservation
district, as defined under Colorado law, from within whose
boundaries the waters are proposed for diversion;
(3) the diversion is the subject of an intergovernmental
agreement or other contractual arrangement executed after the
date of the enactment of this Act, between the beneficiary of
such transbasin diversion and the water conservation district,
as defined under Colorado law, from within whose boundaries the
waters are proposed for diversion; or
(4) the beneficiary of such transbasin diversion provides
compensatory storage or alternate water supply in an amount
equal to the quantity diverted out of the basin for the benefit
of the water conservation district, as defined under Colorado
law, from within whose boundaries the waters are proposed for
diversion.
(b) Submission of Agreements Required.--Prior to executing any
agreement or arrangement for provision of compensatory storage or
alternative water supply that allows for increased diversions of
nonproject water as described in subsection (a), the parties to such
agreements or arrangements shall submit the agreement or arrangement to
the Secretary of the Interior, who, within 30 days, shall submit such
agreement or arrangement to the President Pro Tempore of the Senate and
the Speaker of the House of Representatives for a period of not less
than 60 days.
(c) No Precedent.--This section shall not be considered as
precedent for any other congressionally authorized project.
SEC. 5. CONTRACTS WITH IN-BASIN ENTITIES.
The Secretary of the Interior is authorized to enter into contracts
with an entity, private or public, for the use of excess capacity in
the Fryingpan-Arkansas Project for the purpose of diverting, storing,
impounding, pumping, exchanging, or conveying nonproject water for
irrigation, domestic, municipal and industrial, or any other beneficial
purpose within the natural basin of the Arkansas River within Colorado. | Authorizes the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a study to determine the most feasible method of meeting water supply and storage requirements within the area served by the Fryingpan-Arkansas Project, Colorado.
Prohibits the Secretary from entering into any new contracts or contract extensions or renewals: (1) with entities for the use of excess capacity space in Fryingpan-Arkansas facilities to store water or for use outside the natural basins of the Arkansas or Colorado rivers; or (2) for beneficial use of the facilities or water rights outside such basins.
Authorizes the Secretary to provide financial assistance to Colorado to conduct a study to identify the cumulative impacts of water transfers from the Arkansas and Colorado River basins to communities not located in such basins and from agriculturally based communities within the Arkansas River basin to expanding municipalities within that basin.
Sets forth conditions under which any excess project water storage capacity of the Fryingpan-Arkansas Project to divert, store, impound, pump, exchange, or convey nonproject water made available under contracts may be used to increase diversion of nonproject water from the natural basin of the Colorado River within Colorado into another river basin for delivery or storage.
Authorizes the Secretary to enter into contracts for the use of excess project capacity for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal industrial, or other beneficial purposes within the natural basin of the Arkansas River within Colorado. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to engage in a feasibility study relating to long term water needs for the area served by the Fryingpan-Arkansas Project, Colorado, and for other purposes."} | 1,773 | 333 | 0.650775 | 2.067693 | 0.81955 | 6.645614 | 5.687719 | 0.968421 |
SECTION 1. APPLICABILITY OF AUTHORITY TO RELEASE RESTRICTIONS AND
ENCUMBRANCES.
Section 315(c)(1) of the Federal Maritime Commission Authorization
Act of 1990 (Public Law 101-595; 104 Stat. 2988) is amended--
(1) by striking ``3 contiguous tracts'' and inserting ``4
tracts''; and
(2) by striking ``Tract A'' and all that follows through
the end of the paragraph and inserting the following:
``Tract 1--Commencing at a point N45+ 28, 31" E 198.3 feet from point
`A' as shown on plat of survey of `Boundary
Agreement of CAFB' by D.W. Jessen and
Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed
in Plat Book 23, at page 20, Records of
Calcasieu Parish, Louisiana; thence S44+
29, 09" E 220 feet; thence N45+ 28, 31" E
50 feet; thence N44+ 29, 09" W 220 feet;
thence S45+ 28, 31" W 50 feet to the point
of commencement and containing 11,000
square feet (0.2525 acres).
``Tract 2--Commencing at a point N45+ 28, 31" E 198.3 feet from point
`A' as shown on plat of survey of `Boundary
Agreement of CAFB' by D.W. Jessen and
Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed
in Plat Book 23, at page 20, Records of
Calcasieu Parish, Louisiana; thence S44+
29, 09" E 169.3 feet; thence S45+ 28, 31" W
75 feet; (Deed Call S45+ 30, 51" W 75
feet), thence N44+ 29, 09" W 169.3 feet;
thence N45+ 28, 31" E 75 feet to the point
of commencement and containing 12,697
square feet (0.2915 acres).
``Tract 3--Commencing at a point N45+ 28, 31" E 248.3 feet from point
`A' as shown on plat of survey of `Boundary
Agreement of CAFB' by D.W. Jessen and
Associates, Civil Engineers, Lake Charles,
Louisiana, dated August 7, 1973, and filed
in Plat Book 23, at page 20, Records of
Calcasieu Parish, Louisiana; thence S44+
29, 09" E 220 feet; thence N45+ 28, 31" E
50 feet; thence N44+ 29, 09" W 220 feet;
thence S45+ 28, 31" W 50 feet to the point
of commencement and containing 11,000
square feet (0.2525 acres).
``Tract 4--Commencing at a point N45+ 28, 31" E 123.3 feet and S44+ 29,
09" E 169.3 feet from point `A' as shown on
plat of survey of `Boundary Agreement of
CAFB' by D.W. Jessen and Associates, Civil
Engineers, Lake Charles, Louisiana, dated
August 7, 1973, and filed in Plat Book 23,
at page 20, Records of Calcasieu Parish,
Louisiana; thence S44+ 29, 09" E 50.7 feet;
thence N45+ 28, 31" E 75 feet; thence N44+
29, 09" W 50.7 feet; thence S45+ 28, 31" W
75 feet (Deed Call S45+ 30, 51" W 75 feet)
to the point of commencement and containing
3,802 square feet (0.0873 acres).
``Composite Description--A tract of land lying in section 2, Township
10 South--Range 8 West, Calcasieu Parish,
Louisiana, and being mone [sic]
particularly described as follows: Begin at
a point N45+ 28, 31" E 123.3 feet from
point `A' as shown on plat of survey of
`Boundary Agreement of CAFB' by D.W. Jessen
and Associates, Civil Engineers, Lake
Charles, Louisiana, dated August 7, 1973,
and filed in Plat Book 23, at page 20,
Records of Calcasieu Parish, Louisiana;
thence N45+ 28, 31" E 175.0 feet; thence
S44+ 29, 09" E 220.0 feet; thence S45+ 28,
31" W 175.0 feet; thence N44+ 29, 09" W
220.0 feet to the point of beginning,
containing 0.8035 acres.''. | Amends the Federal Maritime Commission Authorization Act of 1990 to revise the property description of certain land and improvements located in Calcasieu Parish, Louisiana, which were the subject of a release of restrictions by the United States. | {"src": "billsum_train", "title": "A bill to clarify the applicability of authority to release restrictions and encumbrances on certain property located in Calcasieu Parish, Louisiana."} | 1,016 | 51 | 0.408613 | 1.127044 | -0.437996 | 1.675 | 22.075 | 0.725 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Transparency in Trade
Act''.
SEC. 2. PUBLICATIONS OF TEXTS OF TRADE AGREEMENTS AFTER EACH ROUND OF
NEGOTIATIONS.
(a) Negotiations.--Section 105(a)(1) of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015 (19
U.S.C. 4204(a)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) publish the United States position on a
publicly available Internet website at the conclusion
of each negotiating round for the proposed
agreement.''.
(b) Procedural Disapproval Resolution.--Section 106(b) of the
Bipartisan Congressional Trade Priorities and Accountability Act of
2015 (19 U.S.C. 4205(b)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``or
Consultations'' and inserting ``, Consultations, or
Publication of Positions''; and
(B) in subparagraph (B)--
(i) in clause (i)--
(I) by striking ``to notify or
consult'' and all that follows through
``on negotiations'' and inserting ``,
in accordance with the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015, to notify
or consult on, or publish United States
positions with respect to,
negotiations''; and
(II) by striking ``notify or
consult.'' and inserting ``notify,
consult, or publish United States
positions.''; and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by striking ``has
`failed or refused to notify or consult
in accordance with the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015' on
negotiations'' and inserting ``has
`failed, in accordance with the
Bipartisan Congressional Trade
Priorities and Accountability Act of
2015, to notify or consult on, or
publish United States positions with
respect to,' negotiations'';
(II) in subclause (III), by
striking ``or'' at the end;
(III) in subclause (IV), by
striking the period at the end and
inserting ``; or''; and
(IV) by adding at the end the
following:
``(V) the President has failed,
under section 105(a)(1)(E), to publish
the United States position at the
conclusion of each negotiating round of
the parties on the agreement.''; and
(2) in paragraphs (3)(C) and (4)(C), by striking ``to
notify or consult'' and all that follows through ``on
negotiations'' and inserting ``, in accordance with the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015, to notify or consult on, or publish United States
positions with respect to, negotiations''.
(c) Definitions.--Section 111 of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 is amended--
(1) by redesignating paragraphs (19) through (23) as
paragraphs (20) through (24), respectively;
(2) by inserting after paragraph (18) the following new
paragraph:
``(19) United states position.--The term `United States
position' means, with respect to a negotiating round, the full
text of each proposal comprising the negotiating position of
the United States at the conclusion of such negotiating round
and includes each new proposal offered by the United States at
such negotiating round.'';
(3) by redesignating paragraphs (21) through (24) (as so
designated under paragraph (1)) as paragraphs (22) through
(25); and
(4) by inserting after paragraph (20) the following new
paragraph:
``(21) Negotiating round.--The term `negotiating round'
means, with respect to the parties to negotiations on an
agreement under section 103(b), a meeting of the trade
ministers (or designees) of every party to such
negotiations.''.
SEC. 3. USTR TRANSPARENCY OFFICER.
Section 141(b)(3) of the Trade Act of 1974 is amended by adding at
the end the following: ``The Trade Representative shall ensure that the
individual who is appointed the Chief Transparency Officer does not,
because of any other position the individual holds or otherwise, have,
or appear to have, any conflict of interest in ensuring the
transparency of the activities of the Office of the Trade
Representative, including trade negotiations.''. | Promoting Transparency in Trade Act This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require the President to publish on a publicly available website the U.S. negotiating position and each new U.S. proposal for a proposed trade agreement at the conclusion of each negotiating round. Trade authorities procedures (fast track) shall not apply to any implementing bill with respect to a trade agreement if during the 60-day period that one House of Congress passes a resolution of disapproval for the President's failure to publish U.S. positions with respect to each trade negotiation round, the other House separately agrees to a resolution of disapproval. The bill amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR) to ensure that the Chief Transparency Officer of the Office of the USTR does not have, or appear to have, any conflict of interest in ensuring the transparency of the activities of the Office, including trade negotiations. | {"src": "billsum_train", "title": "Promoting Transparency in Trade Act"} | 1,080 | 216 | 0.596415 | 1.670348 | 0.79161 | 2.942529 | 5.557471 | 0.804598 |
SECTION 1. DEFINITION OF INDIAN STUDENT COUNT.
Section 117(h) of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2327(h)) is amended by striking
paragraph (2) and inserting the following:
``(2) Indian student count.--
``(A) In general.--The term `Indian student count'
means a number equal to the total number of Indian
students enrolled in each tribally-controlled
postsecondary vocational and technical institution, as
determined in accordance with subparagraph (B).
``(B) Determination.--
``(i) Enrollment.--For each academic year,
the Indian student count shall be determined on
the basis of the enrollments of Indian students
as in effect at the conclusion of--
``(I) in the case of the fall term,
the third week of the fall term; and
``(II) in the case of the spring
term, the third week of the spring
term.
``(ii) Calculation.--For each academic
year, the Indian student count for a tribally-
controlled postsecondary vocational and
technical institution shall be the quotient
obtained by dividing--
``(I) the sum of the credit-hours
of all Indian students enrolled in the
tribally-controlled postsecondary
vocational and technical institution
(as determined under clause (i)); by
``(II) 12.
``(iii) Summer term.--Any credit earned in
a class offered during a summer term shall be
counted in the determination of the Indian
student count for the succeeding fall term.
``(iv) Students without secondary school
degrees.--
``(I) In general.--A credit earned
at a tribally-controlled postsecondary
vocational and technical institution by
any Indian student that has not
obtained a secondary school degree (or
the recognized equivalent of such a
degree) shall be counted toward the
determination of the Indian student
count if the institution at which the
student is enrolled has established
criteria for the admission of the
student on the basis of the ability of
the student to benefit from the
education or training of the
institution.
``(II) Presumption.--The
institution shall be presumed to have
established the criteria described in
subclause (I) if the admission
procedures for the institution include
counseling or testing that measures the
aptitude of a student to successfully
complete a course in which the student
is enrolled.
``(III) Credits toward secondary
school degree.--No credit earned by an
Indian student for the purpose of
obtaining a secondary school degree (or
the recognized equivalent of such a
degree) shall be counted toward the
determination of the Indian student
count under this clause.
``(v) Continuing education programs.--Any
credit earned by an Indian student in a
continuing education program of a tribally-
controlled postsecondary vocational and
technical institution shall be included in the
determination of the sum of all credit hours of
the student if the credit is converted to a
credit-hour basis in accordance with the system
of the institution for providing credit for
participation in the program.''.
Passed the Senate July 26, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | Amends the Carl D. Perkins Vocational and Technical Education Act of 1998 with respect to grants to tribally controlled postsecondary vocational and technical institutions that are not receiving federal support under the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College Act to provide basic support for the education and training of Indian students.
Revises the definition of "Indian student count" (essential to the formula for the determination of grant amounts).
Requires the Indian student count to be determined according to a specified formula, for each academic year, on the basis of the enrollments of Indian students as in effect at the conclusion of the third week of the fall term and the third week of the spring term. Allows the counting of students without secondary school degrees under certain circumstances. | {"src": "billsum_train", "title": "A bill to amend the Carl D. Perkins Vocational and Technical Education Act of 1998 to modify the definition of \"Indian student count\"."} | 730 | 171 | 0.623162 | 1.864763 | 0.715001 | 2.486486 | 4.466216 | 0.756757 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Coast Guard
Commemorative Coin Act of 2017''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the United States Coast Guard was founded on August 4,
1790, as the Revenue Cutter Service under the United States
Department of the Treasury;
(2) Congress created the Coast Guard on January 28, 1915,
by merging the Revenue Cutter Service and the United States
Lifesaving Service, which was moved to the Department of
Transportation in 1967, and on February 25, 2003, became part
of the Department of Homeland Security;
(3) although the smallest of the uniformed services, today
the United States Coast Guard conducts a wide variety of
missions to protect the public, the environment, and the United
States economic and security interests in any maritime region,
including international waters and coasts, ports, and inland
waterways in the United States;
(4) every day, the United States Coast Guard plays a broad
and important role in homeland security, law enforcement,
search and rescue, marine environmental pollution response, and
the maintenance of river, intracoastal, and offshore aids to
navigation;
(5) the United States Coast Guard is the oldest seagoing
military service in the United States, staying true to their
motto, ``Semper Paratus'' or ``Always Ready'', for 225 years;
(6) the United States Coast Guard is supported by over
50,000 active duty, reserve, and civilian personnel, who in
2015 responded to 16,400 search and rescue cases saving 3,500
lives, conducted 20,775 waterborne patrols of critical maritime
infrastructure, escorted over 1,955 high-capacity passenger
vessels, conducted nearly 8,600 security boardings in and
around U.S. ports, removed $4,900,000,000 worth of illegal
drugs, interdicted 6,000 undocumented migrants attempting to
illegally enter the United States, and maintained 47,000
navigation aids that support $3,200,000,000,000 in economic
activity on the waterways of the United States;
(7) section 213 of the Coast Guard and Maritime
Transportation Act of 2004 (Public Law 108-293; 118 Stat. 1037)
stated that the ``Commandant may establish a National Coast
Guard Museum, on lands which will be federally owned and
administered by the Coast Guard, and are located in New London,
Connecticut, at, or in close proximity to, the Coast Guard
Academy'';
(8) the National Coast Guard Museum Association, a
nonprofit association dedicated to improve public understanding
of the history, service and missions of the Coast Guard, is
working with the United States Coast Guard, the City of New
London, the State of Connecticut, and a range of local,
regional, and national stakeholders to develop, plan and raise
capital for the National Coast Guard Museum, to be located in
New London, Connecticut; and
(9) the United States Coast Guard is the only military
service without a national museum through which to share its
history and legacy with the American public.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain at least 90 percent silver.
(3) Half dollar clad coins.--Not more than 750,000 half
dollar coins, which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins, contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COIN.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the traditions, history, and
heritage of the United States Coast Guard, and the role of the
United States Coast Guard in securing the United States since
1790.
(2) Designations and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2020''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', ``E Pluribus
Unum'', and ``Semper Paratus''.
(b) Selection.--The design for the coins minted under this Act
shall--
(1) contain motifs that specifically honor the United
States Coastguardsman of both today and yesterday, in wartime
and in peace, such designs to be consistent with the traditions
and heritage of the United States Coast Guard, the mission and
goals of the National Coast Guard Museum, and the missions and
goals of the National Coast Guard Museum Association;
(2) be selected by the Secretary, after consultation with
the Secretary of Homeland Security, the National Coast Guard
Museum Association, and the Commission of Fine Arts; and
(3) be reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facilities.--For each of the 3 coins minted under this
Act, at least 1 facility of the United States Mint shall be used to
strike proof quality coins, while at least 1 other such facility shall
be used to strike the uncirculated quality coins.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2020.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the National Coast Guard Museum Association to help finance the design,
construction, operations, and maintenance of the National Coast Guard
Museum.
(c) Audits.--The National Coast Guard Museum Association shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code. The Secretary may issue guidance to carry out this
subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code. | United States Coast Guard Commemorative Coin Act of 2017 This bill directs the Department of the Treasury to mint and issue in commemoration of the U.S. Coast Guard: (1) $5 gold coins, (2) $1 silver coins, and (3) half-dollar clad coins. The design of such coins shall be emblematic of the traditions, history, and heritage of the Coast Guard and its role in securing the United States since 1790. The bill prescribes certain design requirements. The issuance of such coins is restricted to the one-year period beginning on January 1, 2020. The bill prescribes the sale price of the coins and coin surcharges. Surcharges shall be paid by Treasury to the National Coast Guard Museum Association to help finance the design, construction, operations, and maintenance of this museum. Treasury shall ensure that minting and issuing coins under this bill will not result in any net cost to the federal government. | {"src": "billsum_train", "title": "United States Coast Guard Commemorative Coin Act of 2017"} | 2,056 | 193 | 0.432182 | 1.266896 | 0.66215 | 4.1 | 10.616667 | 0.922222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trinity River Basin Fish and
Wildlife Management Reauthorization Act of 1995''.
SEC. 2. CLARIFICATION OF FINDINGS.
Section 1 of the Act entitled ``An Act to provide for the
restoration of the fish and wildlife in the Trinity River Basin,
California, and for other purposes'', approved October 24, 1984 (98
Stat. 2721), as amended, is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs (6)
and (7), respectively;
(2) by adding after paragraph (4) the following:
``(5) Trinity Basin fisheries restoration is to be measured not
only by returning adult anadromous fish spawners, but by the
ability of dependent tribal, commercial, and sport fisheries to
participate fully, through enhanced in-river and ocean harvest
opportunities, in the benefits of restoration;''; and
(3) by amending paragraph (7), as so redesignated, to read as
follows:
``(7) the Secretary requires additional authority to implement
a management program, in conjunction with other appropriate
agencies, to achieve the long-term goals of restoring fish and
wildlife populations in the Trinity River Basin, and, to the extent
these restored populations will contribute to ocean populations of
adult salmon, steelhead, and other anadromous fish, such management
program will aid in the resumption of commercial, including ocean
harvest, and recreational fishing activities.''.
SEC. 3. CHANGES TO MANAGEMENT PROGRAM.
(a) Ocean Fish Levels.--Section 2(a) of the Act entitled ``An Act
to provide for the restoration of the fish and wildlife in the Trinity
River Basin, California, and for other purposes'', approved October 24,
1984 (98 Stat. 2722), as amended, is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``, in consultation with the Secretary of
Commerce where appropriate,'' after ``Secretary''; and
(B) by adding the following after ``such levels.'': ``To
the extent these restored fish and wildlife populations will
contribute to ocean populations of adult salmon, steelhead, and
other anadromous fish, such management program is intended to
aid in the resumption of commercial, including ocean harvest,
and recreational fishing activities.''.
(b) Fish Habitats in the Klamath River.--Paragraph (1)(A) of such
section (98 Stat. 2722) is amended by striking ``Weitchpec;'' and
inserting ``Weitchpec and in the Klamath River downstream of the
confluence with the Trinity River;''.
(c) Trinity River Fish Hatchery.--Paragraph (1)(C) of such section
(98 Stat. 2722) is amended by inserting before the period the
following: ``, so that it can best serve its purpose of mitigation of
fish habitat loss above Lewiston Dam while not impairing efforts to
restore and maintain naturally reproducing anadromous fish stocks
within the basin''.
(d) Addition of Indian Tribes.--Section 2(b)(2) of such Act (98
Stat. 2722) is amended by striking ``tribe'' and inserting ``tribes''.
SEC. 4. ADDITIONS TO TASK FORCE.
(a) In General.--Section 3(a) of the Act entitled ``An Act to
provide for the restoration of the fish and wildlife in the Trinity
River Basin, California, and for other purposes'', approved October 24,
1984 (98 Stat. 2722), as amended, is amended--
(1) by striking ``fourteen'' and inserting ``nineteen'';
(2) by striking ``United States Soil Conservation Service'' in
paragraph (10) and inserting ``Natural Resources Soil and
Conservation Service''; and
(3) by inserting after paragraph (14) the following:
``(15) One individual to be appointed by the Yurok Tribe.
``(16) One individual to be appointed by the Karuk Tribe.
``(17) One individual to represent commercial fishing
interests, to be appointed by the Secretary after consultation with
the Board of Directors of the Pacific Coast Federation of
Fishermen's Associations.
``(18) One individual to represent sport fishing interests, to
be appointed by the Secretary after consultation with the Board of
Directors of the California Advisory Committee on Salmon and
Steelhead Trout.
``(19) One individual to be appointed by the Secretary, in
consultation with the Secretary of Agriculture, to represent the
timber industry.''.
(b) Coordination.--Section 3 of such Act (98 Stat. 2722) is further
amended by adding at the end thereof the following new subsection:
``(d) Task Force actions or management on the Klamath River from
Weitchpec downstream to the Pacific Ocean shall be coordinated with,
and conducted with the full knowledge of, the Klamath River Basin
Fisheries Task Force and the Klamath Fishery Management Council, as
established under Public Law 99-552. The Secretary shall appoint a
designated representative to ensure such coordination and the exchange
of information between the Trinity River Task Force and these two
entities.''.
(c) Reimbursement.--Section 3(c)(2) of such Act (98 Stat. 2723) is
amended by adding at the end the following: ``Members of the Task Force
who are not full-time officers or employees of the United States, the
State of California (or a political subdivision thereof), or an Indian
tribe, may be reimbursed for such expenses as may be incurred by reason
of their service on the Task Force, as consistent with applicable laws
and regulations.''.
(d) Effective Date.--The amendments made by subsection (a) shall
apply with respect to actions taken by the Trinity River Basin Fish and
Wildlife Task Force on and after 120 days after the date of the
enactment of this Act.
SEC. 5. APPROPRIATIONS.
(a) Extension of Authorization.--Section 4(a) of the Act entitled
``An Act to provide for the restoration of the fish and wildlife in the
Trinity River Basin, California, and for other purposes'', approved
October 24, 1984 (98 Stat. 2723), as amended, is amended--
(1) in paragraph (1), by striking ``October 1, 1995'' and
inserting in lieu thereof ``October 1, 1998''; and
(2) in paragraph (2), by striking ``ten-year'' and inserting in
lieu thereof ``13-year''.
(b) In-Kind Services; Overhead; and Financial and Audit Reports.--
Section 4 of such Act (98 Stat. 2724) is amended--
(1) by designating subsection (d) as subsection (h); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) The Secretary is authorized to accept in-kind services as
payment for obligations incurred under subsection (b)(1).
``(e) Not more than 20 percent of the amounts appropriated under
subsection (a) may be used for overhead and indirect costs. For the
purposes of this subsection, the term `overhead and indirect costs'
means costs incurred in support of accomplishing specific work
activities and jobs. Such costs are primarily administrative in nature
and are such that they cannot be practically identified and charged
directly to a project or activity and must be distributed to all jobs
on an equitable basis. Such costs include compensation for
administrative staff, general staff training, rent, travel expenses,
communications, utility charges, miscellaneous materials and supplies,
janitorial services, depreciation and replacement expenses on
capitalized equipment. Such costs do not include inspection and design
of construction projects and environmental compliance activities,
including (but not limited to) preparation of documents in compliance
with the National Environmental Policy Act of 1969.
``(f) Not later than December 31 of each year, the Secretary shall
prepare reports documenting and detailing all expenditures incurred
under this Act for the fiscal year ending on September 30 of that same
year. Such reports shall contain information adequate for the public to
determine how such funds were used to carry out the purposes of this
Act. Copies of such reports shall be submitted to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
``(g) The Secretary shall periodically conduct a programmatic audit
of the in-river fishery monitoring and enforcement programs under this
Act and submit a report concerning such audit to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate.''.
(c) Authority To Seek Appropriations.--Section 4 of such Act, as
amended by subsection (b) of this section, is further amended by
inserting after subsection (h) the following new subsection:
``(i) Beginning in the fiscal year immediately following the year
the restoration effort is completed and annually thereafter, the
Secretary is authorized to seek appropriations as necessary to monitor,
evaluate, and maintain program investments and fish and wildlife
populations in the Trinity River Basin for the purpose of achieving
long-term fish and wildlife restoration goals.''.
SEC. 6. NO RIGHTS AFFECTED.
The Act entitled ``An Act to provide for the restoration of the
fish and wildlife in the Trinity River Basin, California, and for other
purposes'', approved October 24, 1984 (98 Stat. 2721), as amended, is
further amended by inserting at the end thereof the following:
``preservation of rights
``Sec. 5. Nothing in this Act shall be construed as establishing or
affecting any past, present, or future rights of any Indian or Indian
tribe or any other individual or entity.''.
SEC. 7. SHORT TITLE OF 1984 ACT.
The Act entitled ``An Act to provide for the restoration of the
fish and wildlife in the Trinity River Basin, California, and for other
purposes'', approved October 24, 1984 (98 Stat. 2721), as amended by
section 6 of this Act, is further amended by adding at the end the
following:
``short title
``Sec. 6. This Act may be cited as the `Trinity River Basin Fish
and Wildlife Management Act of 1984'.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995 - Amends the Trinity River Basin Fish and Wildlife Management Act of 1984 (as named by this Act) to revise and extend the management program for restoration of fish and wildlife in the Trinity River Basin.
(Sec. 2) Provides that Trinity Basin fisheries restoration is to be measured not only by returning adult anadromous fish spawners, but by the ability of dependent tribal, commercial, and sport fisheries to participate fully, through enhanced in-river and ocean harvest opportunities, in the benefits of restoration.
Declares that the Secretary of the Interior requires additional authority to implement a management program, in conjunction with other agencies, to achieve the long-term goals of restoring fish and wildlife populations in the Trinity River Basin, and to the extent these restored populations will contribute to ocean populations of adult salmon, steelhead, and other anadromous fish, such management program will aid in the resumption of commercial, including ocean harvest, and recreational fishing activities.
(Sec. 3) Revises such management program to require the Secretary to consult with the Secretary of Commerce on certain matters, where appropriate. Declares that such program is intended, to the extent these restored populations will contribute to ocean populations of adult salmon, steelhead, and other anadromous fish, to aid in the resumption of commercial, including ocean harvest, and recreational fishing activities.
Revises the management program to include ocean fish levels and fish habitats in the Klamath River. Provides that modernization of the Trinity River Fish Hatchery is to mitigate fish habitat loss above Lewiston Dam while not impairing efforts to restore and maintain naturally reproducing fish stocks within the basin.
(Sec. 4) Revises provisions for the Trinity River Basin Fish and Wildlife Task Force. Adds five members (to the current 14) and provides that such new members represent: (1) the Yurok Tribe; (2) the Karuk Tribe; (3) commercial fishing interests; (4) sport fishing interests; and (5) the timber industry. Directs the Secretary to appoint a designated representative to ensure coordination of actions and management and the exchange of information between such Trinity River Task Force and the Klamath River Basin Fisheries Task Force and the Klamath Fishery Management Council. Allows reimbursement of members of the Task Force who are not full-time officers or employees of the United States, the State of California (or a political subdivision thereof), or an Indian tribe.
(Sec. 5) Extends for three years the period of availability of the authorization of appropriations for the management program for restoration of fish and wildlife in the Trinity River Basin.
Authorizes the Secretary to accept in-kind services as payment for specified obligations incurred under the Act.
Limits to 20 percent the portion of management program funds which may be used for overhead and indirect costs.
Requires the Secretary to: (1) submit annual financial reports to specified congressional committees; and (2) conduct periodic programmatic audits of the in-river fishery monitoring and enforcement programs under the Act.
Authorizes the Secretary, beginning in the fiscal year immediately following completion of the restoration effort, to seek appropriations to monitor, evaluate, and maintain program investments and fish and wildlife populations in the Trinity River Basin for the purpose of achieving long-term fish and wildlife restoration goals.
(Sec. 6) Provides that nothing in the Act shall be construed as establishing or affecting any past, present, or future rights of any Indian or Indian tribe or any other individual or entity. | {"src": "billsum_train", "title": "Trinity River Basin Fish and Wildlife Management Reauthorization Act of 1995"} | 2,320 | 785 | 0.74489 | 2.462999 | 0.805004 | 5.855685 | 3.142857 | 0.925656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Partnerships to Transform
Opportunities Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide resources to nonprofit
organizations and minority-serving institutions to prepare individuals
with multiple barriers to employment, especially underrepresented
minorities, to enter the workforce by providing support services, job
training, and education.
SEC. 3. UNDERREPRESENTED MINORITY PROGRAMS.
Subtitle D of title I of the Workforce Investment Act of 1998 is
amended by inserting after section 166 (29 U.S.C. 2911), the following
new section:
``SEC. 166B. UNREPRESENTED MINORITY PROGRAMS.
``(a) Purpose.--The purpose of this section is to support
employment and training activities for individuals with multiple
barriers to employment in order--
``(1) to develop more fully the academic, occupational, and
literacy skills of such individuals;
``(2) to make such individuals more competitive in the
workforce; and
``(3) to promote the economic and social development of
minority communities in accordance with the goals and values of
such communities.
``(b) Definitions.--As used in this section:
``(1) Minority-serving institution.--The term `minority-
serving institution' means--
``(A) a historically Black college or university;
``(B) a Hispanic-serving Institution;
``(C) a Tribal College or University; or
``(D) a Predominantly Black Institution.
``(2) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(3) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given the term in section
502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
``(4) Nonprofit organization.--The term `nonprofit
organization' means a nonprofit organization that focuses on
preparing individuals with multiple barriers to employment to
enter the workforce by providing such individuals with support
services, job training, and education.
``(5) Predominantly black institution.--The term
`Predominantly Black Institution' has the meaning given the
term in section 318 (20 U.S.C. 1059e).
``(6) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
``(c) Program Authorized.--The Secretary shall, on a competitive
basis, make grants to, or enter into contracts or cooperative
agreements with, nonprofit organizations in partnership with one or
more minority-serving institutions to carry out the authorized
activities described in subsection (d).
``(d) Authorized Activities.--A nonprofit organization in
partnership with one or more minority-serving institutions receiving a
grant, contract, or agreement under subsection (c) shall use such funds
to serve individuals with multiple barriers to employment by carrying
out the following activities:
``(1) Education services, including postsecondary
education, English as a second language courses, General
Education Development preparation, financial literacy
workshops, access to information technology workshops and
courses, Generational Diversity Awareness programs, and health
and wellness programs.
``(2) Activities that increase access to workforce
services, including on-the-job training, internships, skills
training, job placement, financial literacy, and personal
development.
``(3) Additional support services, including health and
nutrition services, housing assistance, transportation, child
care, and clothing.
``(e) Program Plan.--In order to receive a grant or enter into a
contract or cooperative agreement under this subsection (c), a
nonprofit organization in partnership with one or more minority-serving
institutions shall submit to the Secretary a program plan that
describes a strategy for meeting the needs of individuals with multiple
barriers to employment in the area served by such organization. Such
plan shall--
``(1) be consistent with the purpose of this section;
``(2) identify the population to be served;
``(3) identify the education and employment needs of the
population to be served and the manner in which the activities
to be provided will strengthen the ability of the individuals
served to obtain or retain unsubsidized employment;
``(4) describe the activities to be provided and the manner
in which such activities are to be integrated with other
appropriate activities; and
``(5) describe, after the organization submitting the plan
consults with the Secretary, the performance measures to be
used to assess the performance of nonprofit organizations in
carrying out the activities assisted under this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for each of fiscal years 2012 through 2016.''. | Promoting Partnerships to Transform Opportunities Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to make competitive grants to, or enter into contracts or cooperative agreements with, nonprofit organizations in partnership with one or more minority-serving institutions to provide support services, job training, and education to individuals with multiple barriers to employment, especially underrepresented minorities, to help prepare them to enter the workforce.
Requires such nonprofit organizations to submit a program plan to the Secretary in order to receive a grant or enter into such a contract or cooperative agreement. | {"src": "billsum_train", "title": "To amend the Workforce Investment Act of 1998 to prepare individuals with multiple barriers to employment to enter the workforce by providing such individuals with support services, job training, and education, and for other purposes."} | 1,104 | 123 | 0.589192 | 1.603165 | 0.726438 | 4.700935 | 9.626168 | 0.943925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workforce Reduction Through
Attrition Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``total number of Federal employees'' means
the total number of Federal employees in all agencies;
(2) the term ``Federal employee'' means an employee as
defined by section 2105 of title 5, United States Code;
(3) the term ``agency'' means an executive agency as
defined by section 105 of title 5, United States Code,
excluding the Government Accountability Office;
(4) the term ``quarter'' means a period of 3 calendar
months ending on March 31, June 30, September 30, or December
31; and
(5) the term ``baseline quarter'' means the quarter in
which occurs the date of the enactment of this Act.
SEC. 3. WORKFORCE LIMITS AND REDUCTIONS.
(a) In General.--The President, through the Office of Management
and Budget (in consultation with the Office of Personnel Management),
shall take appropriate measures to ensure that, effective with respect
to each quarter beginning after the date of the enactment of this Act,
the total number of Federal employees determined for such quarter does
not exceed the applicable maximum for such quarter.
(b) Applicable Maximum.--For purposes of this Act, the ``applicable
maximum'' for a quarter is--
(1) in the case of a quarter before the target-attainment
quarter, the number equal to--
(A) the total number of Federal employees
determined for the baseline quarter, reduced by
(B) \2/3\ of the number of Federal employees
separating from agencies during the period--
(i) beginning on the first day following
the baseline quarter; and
(ii) ending on the last day of the quarter
to which the applicable maximum is being
applied; and
(2) in the case of the target-attainment quarter and any
subsequent quarter, the number equal to 90 percent of the total
number of Federal employees as of September 30, 2012.
(c) Target-Attainment Quarter.--For purposes of this Act, the term
``target-attainment quarter'' means the earlier of--
(1) the first quarter (subsequent to the baseline quarter)
for which the total number of Federal employees does not exceed
90 percent of the total number of Federal employees as of
September 30, 2012; or
(2) the quarter ending on September 30, 2015.
(d) Method for Achieving Compliance.--
(1) In general.--Except as provided in paragraph (2), any
reductions necessary in order to achieve compliance with
subsection (a) shall be made through attrition.
(2) Exception.--If, for any quarter, the total number of
Federal employees exceeds the applicable maximum for such
quarter, then, until the first succeeding quarter for which
such total number is determined not to exceed the applicable
maximum for such succeeding quarter, reductions shall be made
through both attrition and a freeze on appointments.
(e) Counting Rules.--For purposes of this Act--
(1) any determination of the total number of Federal
employees or the number of Federal employees separating from
agencies shall be made--
(A) on a full-time equivalent basis; and
(B) under section 4; and
(2) any determination of the total number of Federal
employees for a quarter shall be made as of such date or
otherwise on such basis as the Office of Management of Budget
(in consultation with the Office of Personnel Management)
considers to be representative and feasible.
(f) Waiver Authority.--The President may waive any of the preceding
provisions of this section, with respect to an individual appointment,
upon a determination by the President that such appointment is
necessary due to--
(1) a state of war or for reasons of national security; or
(2) an extraordinary emergency threatening life, health,
safety, or property.
(g) Limitation on Procurement of Service Contracts.--The President,
through the Office of Management and Budget (in consultation with the
Office of Personnel Management), shall take appropriate measures to
ensure that there is no increase in the procurement of service
contracts by reason of the enactment of this Act, except in cases in
which a cost comparison demonstrates that such contracts would be to
the financial advantage of the Government.
SEC. 4. MONITORING AND NOTIFICATION.
The Office of Management and Budget (in consultation with the
Office of Personnel Management) shall--
(1) continuously monitor all agencies and, for each quarter
to which the requirements of section 3(a) apply, determine
whether or not such requirements have been met; and
(2) not later than 14 days after the end of each quarter
described in paragraph (1), submit to the President and each
House of Congress, a written determination as to whether or not
the requirements of section 3(a) have been met.
SEC. 5. REGULATIONS.
Any regulations necessary to carry out this Act may be prescribed
by the President or his designee. | Federal Workforce Reduction Through Attrition Act - Requires the Office of Management and Budget (OMB) to ensure that the total number of federal employees in each calendar quarter after the enactment of this Act does not exceed the applicable maximum for such quarter, as determined under this Act. Sets forth a formula for determining the applicable maximum based upon 90% of the total number of federal employees as of September 30, 2012. Requires that compliance with such workforce limitation be made through attrition, or through both attrition and a freeze on appointments if the total number of federal employees exceeds the applicable maximum for a quarter. Allows the President to waive such workforce limitation with respect to any individual appointment if the President determines that such appointment is necessary due to: (1) a state of war or for reasons of national security; or (2) an extraordinary emergency threatening life, health, safety, or property. Requires OMB to continuously monitor all agencies to determine whether the workforce limitation required by this Act has been met. | {"src": "billsum_train", "title": "Federal Workforce Reduction Through Attrition Act"} | 1,095 | 223 | 0.603545 | 1.723567 | 0.795197 | 4.835897 | 5.379487 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kendell Frederick Citizenship
Assistance Act''.
SEC. 2. FINGERPRINTS FOR MEMBERS OF ARMED FORCES.
(a) In General.--Notwithstanding any other provision of law,
including section 552a of title 5, United States Code (commonly
referred to as the ``Privacy Act of 1974''), the Secretary of Homeland
Security shall use the fingerprints provided by an individual at the
time the individual enlisted in the Armed Forces to satisfy any
requirement for fingerprints that is part of an application for
naturalization if--
(1) the individual may be naturalized pursuant to section
328 or 329 of the Immigration and Nationality Act (8 U.S.C.
1439-1440);
(2) the individual was fingerprinted in accordance with the
requirements of the Department of Defense at the time the
individual enlisted in the Armed Forces;
(3) the individual submits an application for
naturalization not later than 24 months after the date on which
the individual enlisted in the Armed Forces; and
(4) the Secretary of Homeland Security determines that the
fingerprints are sufficient to adjudicate the applicant's
naturalization application.
(b) Most Timely and Effective Adjudication.--Nothing in this
section shall preclude an individual described in subsection (a) from
submitting new fingerprints to the Secretary of Homeland Security. If
the Secretary of Homeland Security determines that submitting new
fingerprints would result in more timely and effective adjudication of
the individual's naturalization application, the Secretary shall inform
the individual that submitting new fingerprints would result in more
timely and effective adjudication of the individual's naturalization
application, along with a description of how to submit new
fingerprints.
(c) Cooperation.--The Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall determine the format
of fingerprints acceptable for usage under subsection (a). The
Secretary of Defense, or any other official having custody of the
fingerprints referred to in subsection (a), shall make such prints
available to the Secretary of Homeland Security for the purpose
described in subsection (a) without charge and shall otherwise
cooperate with the Secretary of Homeland Security in fulfilling the
Secretary's satisfaction of the requirement under subsection (a).
SEC. 3. PROVISION OF INFORMATION ON MILITARY NATURALIZATION.
(a) In General.--Not later than 30 days after the effective date of
any modification to a regulation related to naturalization under
section 328 or 329 of the Immigration and Nationality Act (8 U.S.C.
1439-1440), the Secretary of Homeland Security shall update as
necessary the appropriate Internet site or sites maintained by the
Secretary to reflect such modification.
(b) Sense of Congress.--It is the sense of the Congress that the
Secretary of Homeland Security should update as necessary the
appropriate application form or forms promulgated by the Secretary not
later than 180 days after an effective date described in subsection
(a).
SEC. 4. REPORTS.
(a) Adjudication Process.--Not later than 120 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees a
report on the entire process for the adjudication of an application for
naturalization filed pursuant to section 328 or 329 of the Immigration
and Nationality Act (8 U.S.C. 1439-1440), including the process that
begins at the time the application is mailed to, or received by, the
Secretary of Homeland Security, regardless of whether the Secretary
determines that such application is complete, through the final
disposition of such application. Such report shall include a
description of--
(1) the methods of the Secretary of Homeland Security and
the Secretary of Defense to prepare, handle, and adjudicate
such applications;
(2) the effectiveness of the chain of authority,
supervision, and training of employees of the Federal
Government or of other entities, including contract employees,
who have any role in such process or adjudication; and
(3) the ability of the Secretary of Homeland Security and
the Secretary of Defense to use technology to facilitate or
accomplish any aspect of such process or adjudication.
(b) Implementation.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of this Act by the
Secretary of Homeland Security and the Secretary of Defense,
including studying any technology that may be used to improve
the efficiency of the naturalization process for members of the
Armed Forces.
(2) Report.--Not later than 180 days after the date that
the Comptroller General submits the report required by
subsection (a), the Comptroller General shall submit to the
appropriate congressional committees a report on the study
required by paragraph (1). The report shall include any
recommendations of the Comptroller General for improving the
implementation of this Act by the Secretary of Homeland
Security or the Secretary of Defense.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(2) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives.
Passed the House of Representatives November 6, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Kendell Frederick Citizenship Assistance Act - Directs the Secretary of Homeland Security (Secretary) to use the fingerprints provided by an individual at the time of military enlistment to satisfy any naturalization fingerprint requirements if: (1) the individual may be naturalized under the Immigration and Nationality Act; (2) the individual was fingerprinted in accordance with Department of Defense (DOD) requirements; (3) the individual submits a naturalization application within 24 months of enlistment; and (4) the Secretary determines that the fingerprints are sufficient to adjudicate the naturalization application.
Directs the Secretary to inform military naturalization applicants of their choice to provide new fingerprints if such submission would result in more timely and effective naturalization adjudication.
Provides for cooperation between the Secretary and the Secretary of Defense to determine an appropriate fingerprint format.
Directs the Secretary to update Department of Homeland Security (DHS) websites within 30 days of any change in naturalization law or regulation affecting members of the Armed Forces.
Directs the Comptroller General to: (1) report to the congressional defense and judiciary committees on the naturalization application process for members of the Armed Forces; and (2) conduct a study of this Act's implementation by the Secretaries of Homeland Security and Defense. | {"src": "billsum_train", "title": "To assist members of the Armed Forces in obtaining United States citizenship, and for other purposes."} | 1,176 | 277 | 0.713906 | 1.922861 | 0.811637 | 3.205128 | 4.559829 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Care Safety Act of 2000''.
SEC. 2. CRIMINAL BACKGROUND CHECKS FOR NURSING FACILITY WORKERS.
(a) Medicare.--
(1) Requirement to conduct criminal background checks.--
Section 1819(d)(4) of the Social Security Act (42 U.S.C. 1395i-
3(d)(4)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Screening of workers.--
``(i) In general.--A skilled nursing
facility shall not knowingly employ an
individual unless the individual has passed a
criminal background check conducted in
accordance with the requirements of clause
(ii).
``(ii) Requirements.--
``(I) Notification.--Not later than
180 days after the date of enactment of
this subparagraph, the Secretary, in
consultation with the Attorney General,
shall notify skilled nursing facilities
of the requirements of this
subparagraph.
``(II) Skilled nursing facility
requirements.--
``(aa) Provision of
statements to applicants.--Not
later than 180 days after a
skilled nursing facility
receives a notice in accordance
with subclause (I), the skilled
nursing facility shall adopt
and enforce the requirement
that each applicant for
employment at the skilled
nursing facility shall complete
the written statement described
in subclause (III).
``(bb) Transmittal of
completed statements.--Not
later than 5 business days
after a skilled nursing
facility receives such
completed written statement,
the skilled nursing facility
shall transmit such statement
to the Attorney General.
``(III) Statement described.--The
written statement described in this
subclause shall contain the following:
``(aa) The name, address,
and date of birth appearing on
a valid identification document
(as defined section 1028(d)(2)
of title 18, United States
Code) of the applicant, a
description of the
identification document used,
and the applicant's social
security account number.
``(bb) A statement that the
applicant has never been
convicted of a crime of
violence or of a Federal or
State offense consisting of the
distribution of controlled
substances (as that term is
defined in section 102(6) of
the Controlled Substances Act
(21 U.S.C. 802(6)).
``(cc) The date the
statement is made.
``(IV) Attorney general
requirements.--
``(aa) In general.--Upon
receipt of a completed written
statement from a skilled
nursing facility, the Attorney
General, using information
available to the Department of
Justice, shall notify the
facility of the receipt of such
statement and promptly
determine whether the applicant
completing the statement has
ever been convicted of a crime
described in subclause
(III)(bb).
``(bb) Notification of
failure to pass.--Not later
than 5 business days after the
receipt of such statement, the
Attorney General shall inform
the skilled nursing facility
transmitting the statement if
the applicant completing the
statement did not pass the
background check. A skilled
nursing facility not so
informed within such period
shall consider the applicant
completing the statement to
have passed the background
check.
``(cc) No fee.--In no case
shall a skilled nursing
facility or an applicant be
charged a fee in connection
with the background
check process conducted under this clause.
``(iii) Limitation on use of information.--
A skilled nursing facility that obtains
criminal background information about an
applicant pursuant to this subparagraph may use
such information only for the purpose of
determining the suitability of the worker for
employment.
``(iv) No action based on failure to
hire.--In any action against a skilled nursing
facility based on a failure or refusal to hire
an applicant, the fact that the applicant did
not pass a background check conducted in
accordance with this subparagraph shall be a
complete defense to such action.''.
(2) Penalties.--Section 1819(h)(1) of the Social Security
Act (42 U.S.C. 1395i-3(h)(1)) is amended--
(A) by striking the heading and inserting ``State
authority'';
(B) in the first sentence--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii) and indenting such
clauses appropriately; and
(ii) by striking ``If a State'' and
inserting the following:
``(A) In general.--If a State'';
(C) in the second sentence, by striking ``If a
State'' and inserting the following:
``(C) Penalties for prior failures.--If a State'';
and
(D) by inserting after subparagraph (A) (as added
by subparagraph (B)(ii) of this paragraph) the
following new subparagraph:
``(B) Required penalties.--A civil money penalty of
not more than $5000 shall be assessed and collected,
with interest, against any facility which is or was out
of compliance with the requirements of clause (i),
(ii)(II), or (iii) of subsection (d)(4)(B).''.
(b) Medicaid.--
(1) Requirement to conduct criminal background checks.--
Section 1919(d)(4) of the Social Security Act (42 U.S.C.
1396r(d)(4)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Screening of workers.--
``(i) In general.--A nursing facility shall
not knowingly employ an individual unless the
individual has passed a criminal background
check conducted in accordance with the
requirements of clause (ii).
``(ii) Requirements.--
``(I) Notification.--Not later than
180 days after the date of enactment of
this subparagraph, the Secretary, in
consultation with the Attorney General,
shall notify nursing facilities of the
requirements of this subparagraph.
``(II) Nursing facility
requirements.--
``(aa) Provision of
statements to applicants.--Not
later than 180 days after a
nursing facility receives a
notice in accordance with
subclause (I), the nursing
facility shall adopt and
enforce the requirement that
each applicant for employment
at the nursing facility shall
complete the written statement
described in subclause (III).
``(bb) Transmittal of
completed statements.--Not
later than 5 business days
after a nursing facility
receives such completed written
statement, the nursing facility
shall transmit such statement
to the Attorney General.
``(III) Statement described.--The
written statement described in this
subclause shall contain the following:
``(aa) The name, address,
and date of birth appearing on
a valid identification document
(as defined section 1028(d)(2)
of title 18, United States
Code) of the applicant, a
description of the
identification document used,
and the applicant's social
security account number.
``(bb) A statement that the
applicant has never been
convicted of a crime of
violence or of a Federal or
State offense consisting of the
distribution of controlled
substances (as that term is
defined in section 102(6) of
the Controlled Substances Act
(21 U.S.C. 802(6)).
``(cc) The date the
statement is made.
``(IV) Attorney general
requirements.--
``(aa) In general.--Upon
receipt of a completed written
statement from a nursing
facility, the Attorney General,
using information available to
the Department of Justice,
shall notify the facility of
the receipt of such statement
and promptly determine whether
the applicant completing the
statement has ever been
convicted of a crime described in subclause (III)(bb).
``(bb) Notification of
failure to pass.--Not later
than 5 business days after the
receipt of such statement, the
Attorney General shall inform
the nursing facility
transmitting the statement if
the applicant completing the
statement did not pass the
background check. A nursing
facility not so informed within
such period shall consider the
applicant completing the
statement to have passed the
background check.
``(cc) No fee.--In no case
shall a nursing facility or an
applicant be charged a fee in
connection with the background
check process conducted under
this clause.
``(iii) Limitation on use of information.--
A nursing facility that obtains criminal
background information about an applicant
pursuant to this subparagraph may use such
information only for the purpose of determining
the suitability of the worker for employment.
``(iv) No action based on failure to
hire.--In any action against a nursing facility
based on a failure or refusal to hire an
applicant, the fact that the applicant did not
pass a background check conducted in accordance
with this subparagraph shall be a complete
defense to such action.''.
(2) Penalties.--Section 1919(h)(2)(A) of the Social
Security Act (42 U.S.C. 1396r(h)(2)(A)) is amended by inserting
after clause (iv) the following new clause:
``(v) A civil money penalty of not more
than $5000 shall be assessed and collected,
with interest, against any facility which is or
was out of compliance with the requirements of
clause (i), (ii)(II), or (iii) of subsection
(d)(4)(B).''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2000.
SEC. 3. REPORT ON CRIMINAL BACKGROUND CHECKS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Attorney General shall conduct a study of the effects
of background checks in nursing facilities and submit a report to
Congress that includes the following:
(1) The success of conducting background checks on nursing
facility employees.
(2) The impact of background checks on patient care in such
facilities.
(3) The need to conduct background checks in other patient
care settings outside of nursing facilities.
(4) Suggested methods for further improving the background
check system and the estimated costs of such improvements.
(b) Definition of Nursing Facility.--In subsection (a), the term
``nursing facility'' has the meaning given that term in section 1919(a)
of the Social Security Act (42 U.S.C. 1396r(a)) and includes a skilled
nursing facility (as defined in section 1819(a) of such Act (42 U.S.C.
1395i-3(a))). | Directs the Attorney General to study and report to Congress on the effects of background checks in nursing facilities. | {"src": "billsum_train", "title": "Senior Care Safety Act of 2000"} | 2,455 | 22 | 0.429272 | 1.001879 | -0.111872 | 2.95 | 109.5 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coin Modernization and Taxpayer
Savings Act of 2008''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) International demand along with market speculation for
commodity metals has, over the past several years, increased
the cost of producing circulating coins in the United States.
(2) In a July 30, 2007, letter to the Congress, the
Secretary of the Treasury, with support of the Administration's
Office of Management and Budget, requested that legislation be
put forward to authorize the Secretary of the Treasury to make
changes to the composition of circulating coins.
(3) The United States Mint has studied alternative metals
for use in circulating coins, as noticed in its 2004 annual
report.
(4) In 1943, the United States Mint produced zinc-coated
steel pennies in response to war-time demands for copper.
(5) The United States Mint gained further experience
changing the metal content of pennies in 1982, when it began
producing copper-coated zinc pennies as a result of rising
copper prices.
(6) The Royal Canadian Mint has produced for several years
a copper-coated steel 1-cent coin that is similar to the United
States penny at a significantly lower cost than the cost to
produce the United States penny.
(7) Given the current cost to make a penny and volume of
pennies minted, by simply reducing penny production costs to
face value, the United States will save more than $500,000,000
in the next 10 years alone.
(8) Reducing the cost to produce a nickel to face value
will save the United States an additional $60,000,000 per year.
(9) Commodity metal prices are often cyclical in nature,
and can be inflated by speculation, so it is important that a
solid trend in the rising price of a commodity metal be
established before any change in the metal content of a coin is
made.
SEC. 3. IMMEDIATE REDUCTION IN THE COST OF PRODUCING 1-CENT COINS
THROUGH THE USE OF STEEL PENNIES.
Subsection (c) of section 5112 of title 31, United States Code, is
amended to read as follows:
``(c) Composition of 1-Cent and 5-Cent Coins.--
``(1) 1-cent coin.--
``(A) In general.--Subject to paragraph (2),
beginning 270 days after the date of the enactment of
the Coin Modernization and Taxpayer Savings Act of
2008, the 1-cent coin shall--
``(i) be produced primarily of steel; and
``(ii) meet such other specifications as
the Secretary may determine to be appropriate,
including any change in the weight from that
specified in subsection (a)(6).
``(B) Treatment.--The 1-cent coin shall be treated
to impart a copper color to the appearance of the coins
so that the appearance is similar to 1-cent coins
produced of a copper-zinc alloy.
``(C) Exception for lincoln bicentennial numismatic
pennies.--No provision of this paragraph shall apply
with respect to 1-cent coins described in section 304
of the Presidential $1 Coin Act of 2005 that are issued
for numismatic purposes.
``(2) Alternative 1-cent coin composition.--
``(A) In general.--If, before the end of the 90-day
period beginning on the date of the enactment of the
Coin Modernization and Taxpayer Savings Act of 2008,
the Secretary determines that, with the addition of any
other element to any alloy of zinc and copper of which
1-cent coins could have been composed as of the day
before such date of enactment, there is a way--
``(i) to produce 1-cent coins of the same
diameter, general composition, and general
weight as 1-cent coins produced in accordance
with this subsection as of the day before such
date of enactment; and
``(ii) to achieve the goals of paragraph
(1) by reducing the unit cost to produce the 1-
cent coin to less than 1 cent while retaining
such coin's ease of use and ensuring ease of
co-circulation with 1-cent coins of the
diameter and weight already circulating as of
such date of enactment for ordinary commerce,
the Secretary may add any such element and continue
production of 1-cent coins of the same diameter,
general composition, and general weight as 1-cent coins
produced in accordance with this subsection as of the
day before such date of enactment instead of complying
with paragraph (1).
``(B) Effective period.--This paragraph shall only
apply if the change to the new composition and the
subsequent drop in the production cost of the 1-cent
coin referred to in subparagraph (A) can be achieved
before the end of the 270-day period referred to in
paragraph (1).
``(C) Report to the congress.--Any determination
and action by the Secretary under subparagraph (A)
shall be promptly reported to the Congress.''.
SEC. 4. AUTHORITY TO CHANGE METALLIC CONTENT OF 5-CENT COINS TO LESS
COSTLY ALTERNATIVE.
(a) In General.--Subsection (c) of section 5112 of title 31, United
States Code, (as amended by section 3) is amended by adding at the end
the following new paragraph:
``(3) 5-cent coin.--
``(A) In general.--After the end of the 2-year
period beginning on the date of the enactment of the
Coin Modernization and Taxpayer Savings Act of 2008,
the Secretary shall produce no 5-cent coin that is not
primarily made of steel with a coating of nickel, that
can co-circulate with the existing supply of 5-cent
coins and work interchangeably in coin handling
machines, except that--
``(i) the Secretary shall make no change to
the content of the existing 5-cent coin if at
that point the unit cost of production of such
coins is lower than the face value of the coin;
and
``(ii) if the report issued by the
Secretary pursuant to section 6 indicates that
a different metallic content of circulating 5-
cent coins is both functional and
interchangeable, and more economical to produce
in both the short and long term, the Secretary
shall propose such content to the Congress in
the form of a legislative recommendation.
``(B) Factors to be considered.--In prescribing the
weight and the composition of the 5-cent coin, the
Secretary shall consider--
``(i) factors relevant to the potential
impact of any revisions to the weight and
composition of the material on the current coin
suppliers;
``(ii) factors relevant to the
acceptability of new coinage materials,
including the effect on vending machines and
commercial coin processing equipment and making
certain, to the greatest extent practicable,
that any new coins work without interruption in
existing coin acceptance equipment without
modification; and
``(iii) such other factors that the
Secretary, in consultation with merchants who
would be affected by any change in the weight
and composition of the 5-cent coin, vending
machine and other coin acceptor manufacturers,
vending machine owners and operators, transit
officials, municipal parking officials,
depository institutions, coin and currency
handlers, armored-car operators, car wash
operators, and American-owned manufacturers of
commercial coin processing equipment, considers
to be appropriate and in the public interest,
after notice and opportunity for comment.
``(C) Comment and selection process.--In making any
determination with respect to any change in the weight
and composition of the 5-cent coin, the Secretary shall
enter into a formal rulemaking process that includes a
hearing on a record in addition to the publication of
notice and opportunity for comment.''.
(b) Technical and Conforming Amendment.--Section 5112(a)(5) of
title 31, United States Code, is amended by striking ``and weighs 5
grams''.
SEC. 5. AUTHORITY TO CONDUCT RESEARCH AND DEVELOPMENT ON ALL
CIRCULATING COINS.
To accomplish the goals of this Act, the Secretary may conduct any
appropriate testing within or without the Department of the Treasury,
and may solicit input from or otherwise work in conjunction with
entities within or without the Federal government including independent
research facilities or current or potential suppliers of the material
used in volume production of circulating coins, to complete the report
referred to in this Act and to develop, evaluate or begin the use of
new metallic material for such production.
SEC. 6. BIENNIAL REPORT TO CONGRESS ON CURRENT STATUS OF COIN
PRODUCTION COSTS AND ANALYSIS OF ALTERNATIVE CONTENT
REQUIRED.
(a) Biennial Report Required.--Before the end of the 270-day period
beginning on enactment of this Act, and at 2-year intervals following
the initial report, the Secretary of the Treasury shall submit a report
to the Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the Senate
analyzing production costs for each circulating coin, cost trends, and
possible new metallic materials or technologies for the production of
circulating coins.
(b) Detailed Recommendations.--The reports required under this
section shall contain detailed recommendations for any appropriate
changes to the metallic content of circulating coins in such a form
that the recommendations could be enacted into law as appropriate.
(c) Improved Production Efficiency.--The reports required under
this section shall include recommendations for changes in the methods
of producing coins at the United States Mint that would further reduce
the costs to produce circulating coins, and include notes on any
legislative changes that might be necessary to achieve such goals.
(d) Minimizing Conversion Costs.--The reports required under this
section shall--
(1) include no recommendation for new specifications for
producing a circulating coin that would require significant
change to coin-accepting and coin-handling equipment to
accommodate changes to all circulating coins simultaneously,
except for any potential change to the 5-cent coin as
authorized under section 4; and
(2) to the greatest extent possible, recommend
specifications that, while consistent with other portions of
this section and the amendments made by this Act, require no
changes to coin-accepting or coin-handling equipment whatsoever
to accommodate both coins produced with the new specifications
and coins produced as of July 31, 2007.
(e) Fraud Prevention.--The reports required under this section
shall make no recommendation for a specification change that would
facilitate or allow the use of a coin with a lesser value produced by
another country, or the use of any token or other easily or regularly
produced metal device of minimal value, in the place of a circulating
coin produced by the Secretary.
Passed the House of Representatives May 8, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Coin Modernization and Taxpayer Savings Act of 2008 - Requires the one-cent coin (except for Lincoln Bicentennial Numismatic Pennies) to be produced primarily of steel and treated to impart a copper color to its appearance similar to one-cent coins produced of a copper-zinc alloy.
Authorizes the Secretary of the Treasury, in the alternative, during the 90 days following enactment of this Act, to add any other element to any alloy of zinc and copper of which one-cent coins could have been composed before enactment of this Act, if during such 90-day period another element is determined to help produce one-cent coins of the same diameter, general composition, and general weight, but at a lower unit cost. Requires a prompt report to Congress if such a determination is made.
Directs the Secretary, two years after enactment of this Act, to produce only five-cent coins primarily made of steel with a coating of nickel, unless by that time the unit cost of production of existing five-cent coins is lower than their face value. Requires the Secretary, however, to recommend a different metallic content of circulating five-cent coins if any biennial report to Congress, required by this Act, indicates that such a different metallic content is both functional and interchangeable with existing coins, and more economical to produce in both the short and long term.
Authorizes the Secretary, in order to accomplish the goals of this Act, to research, develop, evaluate or begin to use new metallic material for circulating coin production.
Requires the Secretary to report biennially to specified congressional committees on the production costs for each circulating coin, cost trends, and possible new metallic materials or technologies for the production of circulating coins, with detailed recommendations for any appropriate changes to the metallic content of circulating coins. | {"src": "billsum_train", "title": "To reduce the costs of producing 1-cent and 5-cent coins, provide authority to the Secretary of the Treasury to perform research and development on new metallic content for circulating coins, and to require biennial reports to Congress on circulating coin production costs and possible alternative metallic content."} | 2,368 | 409 | 0.657066 | 1.921817 | 0.709639 | 4.381089 | 6.415473 | 0.919771 |
PILOT PROGRAM.
Section 1105(c) of the Sandy Recovery Improvement Act of 2013 (42
U.S.C. 5189a note) is amended by striking ``2015'' and inserting
``2022''.
SEC. 217. EMERGENCY RELIEF.
Notwithstanding section 125(d)(4) of title 23, United States Code,
no limitation on the total obligations for projects under section 125
of such title shall apply to the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands with respect to
fiscal years 2018 and 2019.
TITLE III--AGENCY MANAGEMENT, OVERSIGHT, AND ACCOUNTABILITY
SEC. 301. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC PRESERVATION
REVIEW.
(a) Review and Analysis.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall review the Unified Federal Environmental and
Historic Preservation review process established pursuant to section
429 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5189g), and submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate that includes the following:
(1) An analysis of whether and how the unified process has
expedited the interagency review process to ensure compliance
with the environmental and historic requirements under Federal
law relating to disaster recovery projects.
(2) A survey and analysis of categorical exclusions used by
other Federal agencies that may be applicable to any activity
related to a Presidentially declared major disaster or
emergency under such Act.
(3) Recommendations on any further actions, including any
legislative proposals, needed to expedite and streamline the
review process.
(b) Regulations.--After completing the review, survey, and analyses
under subsection (a), but not later than 2 years after the date of
enactment of this Act, and after providing notice and opportunity for
public comment, the Administrator shall issue regulations to implement
any regulatory recommendations, including any categorical exclusions
identified under subsection (a), to the extent that the categorical
exclusions meet the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations, and section II of DHS
Instruction Manual 023-01-001--01.
SEC. 302. CLOSEOUT INCENTIVES.
(a) Facilitating Closeout.--Section 705 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is
amended by adding at the end the following:
``(d) Facilitating Closeout.--
``(1) Incentives.--The Administrator may develop incentives
and penalties that encourage State, Tribal, or local
governments to close out expenditures and activities on a
timely basis related to disaster or emergency assistance.
``(2) Agency requirements.--The Agency shall, consistent
with applicable regulations and required procedures, meet its
responsibilities to improve closeout practices and reduce the
time to close disaster program awards.''.
(b) Regulations.--The Administrator shall issue regulations to
implement this section.
SEC. 303. PERFORMANCE OF SERVICES.
Section 306 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5149) is amended by adding at the end the
following:
``(c) The Administrator of the Federal Emergency Management Agency
is authorized to appoint temporary personnel, after serving
continuously for 1 year, to positions in the Agency in the same manner
that competitive service employees are considered for transfer,
reassignment, or promotion to such positions. An individual appointed
under this subsection shall become a career-conditional employee,
unless the employee has already completed the service requirements for
career tenure.''.
SEC. 304. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION COLLECTION.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall--
(1) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, conduct a study and develop a plan,
consistent with law, under which the collection of information
from disaster assistance applicants and grantees will be
modified, streamlined, expedited, efficient, flexible,
consolidated, and simplified to be less burdensome,
duplicative, and time consuming for applicants and grantees;
(2) in coordination with the Small Business Administration,
the Department of Housing and Urban Development, and other
appropriate agencies, develop a plan for the regular collection
and reporting of information on provided Federal disaster
assistance, including the establishment and maintenance of a
website for presenting the information to the public; and
(3) submit the plans to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
SEC. 305. AGENCY ACCOUNTABILITY.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act is amended by adding at the end the following:
``SEC. 430. AGENCY ACCOUNTABILITY.
``(a) Public Assistance.--Not later than 5 days after an award of a
public assistance grant is made under section 406 that is in excess of
$1,000,000, the Administrator shall publish on the Agency's website the
specifics of each such grant award, including--
``(1) identifying the Federal Emergency Management Agency
Region;
``(2) the disaster or emergency declaration number;
``(3) the State, county, and applicant name;
``(4) if the applicant is a private nonprofit;
``(5) the damage category code;
``(6) the amount of the Federal share obligated; and
``(7) the date of the award.
``(b) Mission Assignments.--
``(1) In general.--Not later than 5 days after the issuance
of a mission assignment or mission assignment task order, the
Administrator shall publish on the Agency's website any mission
assignment or mission assignment task order to another Federal
department or agency regarding a major disaster in excess of
$1,000,000, including--
``(A) the name of the impacted State or Tribe;
``(B) the disaster declaration for such State or
Tribe;
``(C) the assigned agency;
``(D) the assistance requested;
``(E) a description of the disaster;
``(F) the total cost estimate;
``(G) the amount obligated;
``(H) the State or Tribal cost share, if
applicable;
``(I) the authority under which the mission
assignment or mission assignment task order was
directed; and
``(J) if applicable, the date a State or Tribe
requested the mission assignment.
``(2) Recording changes.--Not later than 10 days after the
last day of each month until a mission assignment or mission
assignment task order described in paragraph (1) is completed
and closed out, the Administrator shall update any changes to
the total cost estimate and the amount obligated.
``(c) Disaster Relief Monthly Report.--Not later than 10 days after
the first day of each month, the Administrator shall publish on the
Agency's website reports, including a specific description of the
methodology and the source data used in developing such reports,
including--
``(1) an estimate of the amounts for the fiscal year
covered by the President's most recent budget pursuant to
section 1105(a) of title 31, United States Code, including--
``(A) the unobligated balance of funds to be
carried over from the prior fiscal year to the budget
year;
``(B) the unobligated balance of funds to be
carried over from the budget year to the budget year
plus 1;
``(C) the amount of obligations for non-
catastrophic events for the budget year;
``(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
``(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current fiscal year, the budget year, and each
fiscal year thereafter;
``(F) the amount of previously obligated funds that
will be recovered for the budget year;
``(G) the amount that will be required for
obligations for emergencies, as described in section
102(1), major disasters, as described in section
102(2), fire management assistance grants, as described
in section 420, surge activities, and disaster
readiness and support activities; and
``(H) the amount required for activities not
covered under section 251(b)(2)(D)(iii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)(D)(iii)); and
``(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not
later than the fifth day of each month, published by the
Administrator on the Agency's website not later than the fifth
day of each month:
``(A) A summary of the amount of appropriations
made available by source, the transfers executed, the
previously allocated funds recovered, and the
commitments, allocations, and obligations made.
``(B) A table of disaster relief activity
delineated by month, including--
``(i) the beginning and ending balances;
``(ii) the total obligations to include
amounts obligated for fire assistance,
emergencies, surge, and disaster support
activities;
``(iii) the obligations for catastrophic
events delineated by event and by State; and
``(iv) the amount of previously obligated
funds that are recovered.
``(C) A summary of allocations, obligations, and
expenditures for catastrophic events delineated by
event.
``(D) The cost of the following categories of
spending:
``(i) Public assistance.
``(ii) Individual assistance.
``(iii) Mitigation.
``(iv) Administrative.
``(v) Operations.
``(vi) Any other relevant category
(including emergency measures and disaster
resources) delineated by disaster.
``(E) The date on which funds appropriated will be
exhausted.
``(d) Contracts.--
``(1) Information.--Not later than 10 days after the first
day of each month, the Administrator shall publish on the
Agency's website the specifics of each contract in excess of
$1,000,000 that the Agency enters into, including--
``(A) the name of the party;
``(B) the date the contract was awarded;
``(C) the amount of the contract, the scope of the
contract;
``(D) if the contract was awarded through
competitive bidding process;
``(E) if no competitive bidding process was used,
the reason why competitive bidding was not used; and
``(F) the authority used to bypass the competitive
bidding process.
The information shall be delineated by disaster, if applicable,
and specify the damage category code, if applicable.
``(2) Report.--Not later than 10 days after the last day of
the fiscal year, the Administrator shall provide a report to
the appropriate committees of Congress summarizing the
following information for the preceding fiscal year:
``(A) The number of contracts awarded without
competitive bidding.
``(B) The reasons why a competitive bidding process
was not used.
``(C) The total amount of contracts awarded with no
competitive bidding.
``(D) The damage category codes, if applicable, for
contracts awarded without competitive bidding.''.
SEC. 306. AUDIT OF CONTRACTS.
Notwithstanding any other provision of law, the Administrator of
the Federal Emergency Management Agency shall not reimburse a State,
Tribe, or local government or the owner or operator of a private
nonprofit facility for any activities made pursuant to a contract
entered into after August 1, 2017, that prohibits the Administrator or
the Comptroller General of the United States from auditing or otherwise
reviewing all aspects relating to the contract.
SEC. 307. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR TARPS AND
PLASTIC SHEETING.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the inspector general of the Department of Homeland
Security shall initiate an audit of the contracts awarded by the
Federal Emergency Management Agency (in this section referred to as
``FEMA'') for tarps and plastic sheeting for the Commonwealth of Puerto
Rico and the Virgin Islands of the United States in response to
Hurricane Irma and Hurricane Maria.
(b) Considerations.--In carrying out the audit under subsection
(a), the inspector general shall review--
(1) the contracting process used by FEMA to evaluate
offerors and award the relevant contracts to contractors;
(2) FEMA's assessment of the past performance of the
contractors, including any historical information showing that
the contractors had supported large-scale delivery quantities
in the past;
(3) FEMA's assessment of the capacity of the contractors to
carry out the relevant contracts, including with respect to
inventory, production, and financial capabilities;
(4) how FEMA ensured that the contractors met the terms of
the relevant contracts; and
(5) whether the failure of the contractors to meet the
terms of the relevant contracts and FEMA's subsequent
cancellation of the relevant contracts affected the provision
of tarps and plastic sheeting to the Commonwealth of Puerto
Rico and the Virgin Islands of the United States.
(c) Report.--Not later than 180 days after the date of initiation
of the audit under subsection (a), the inspector general shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the results of the audit, including
findings and recommendations.
SEC. 308. RELIEF ORGANIZATIONS.
Section 309 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5152) is amended--
(1) in subsection (a), by striking ``and other relief or''
and inserting ``long-term recovery groups, and other relief,
domestic hunger relief, or''; and
(2) in subsection (b), by striking ``and other relief or''
and inserting ``long-term recovery groups, and other relief,
domestic hunger relief, or''.
SEC. 309. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
The Administrator of the Federal Emergency Management Agency, in
coordination with the Administrator of the Federal Highway
Administration, shall develop and issue guidance for State, local, and
Tribal governments regarding repair, restoration, and replacement of
inundated and submerged roads damaged or destroyed by a major disaster,
and for associated expenses incurred by the Government, with respect to
roads eligible for assistance under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172). | Disaster Recovery Reform Act This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to modify the Predisaster Hazard Mitigation Grant Program to: permit the use of technical and financial assistance to establish and carry out enforcement activities to implement codes, specifications, and standards that incorporate the latest hazard-resistant designs; direct the President to establish a National Public Infrastructure Predisaster Mitigation Fund; authorize the President's contribution to the cost of hazard mitigation measures to be used to increase resilience in any area affected by a major disaster; and direct the Federal Emergency Management Agency (FEMA) to issue a final rulemaking that defines the terms "resilient" and "resiliency." The bill authorizes the President to: (1) provide hazard mitigation assistance in any area affected by a wildfire for which assistance was provided; (2) provide incentives to invest in measures that increase readiness for, and resilience from, a future major disaster; and (3) waive Stafford Act provisions regarding duplication of benefits. The bill amends the Stafford Act to: (1) authorize states to use federal disaster assistance to directly administer temporary and permanent housing for disaster victims, (2) increase assistance to individuals with disabilities, and (3) establish fixed rates for reimbursing states and localities for costs incurred to implement disaster recovery projects. FEMA shall: (1) provide annual guidance and training for the prioritization of assistance to hospitals and nursing homes during a disaster; (2) issue guidance for the identification of evacuation routes; and (3) review the Unified Federal Environmental and Historic Preservation review process, improve closeout practices, and publish on its website specified information for grant awards and contracts in excess of $1 million. FEMA may establish one or more national veterinary emergency teams at accredited veterinary schools. | {"src": "billsum_train", "title": "Disaster Recovery Reform Act"} | 3,308 | 391 | 0.476825 | 1.57847 | 0.665393 | 1.583815 | 8.950867 | 0.734104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Over-the-Counter Swaps Speculation
Limit Act''.
SEC. 2. AGGREGATE POSITION LIMITS.
Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended by
adding at the end the following:
``(j) Aggregate Position Limits.--
``(1) Definition of bona fide hedging transaction.--In this
subsection:
``(A) In general.--The term `bona fide hedging
transaction' means a transaction that--
``(i) is a substitute for a transaction to
be made or a position to be taken at a later
time in a physical marketing channel;
``(ii) is economically appropriate for the
reduction of risks in the conduct and
management of a commercial enterprise; and
``(iii) arises from a potential change in
the value of--
``(I) assets that a person owns,
produces, manufactures, possesses, or
merchandises (or anticipates owning,
producing, manufacturing, possessing,
or merchandising);
``(II) liabilities that a person
incurs or anticipates incurring; or
``(III) services that a person
provides or purchases (or anticipates
providing or purchasing).
``(B) Exclusion.--The term `bona fide hedging
transaction' does not include a transaction entered
into on a designated contract market for the purpose of
offsetting a financial risk arising from an over-the-
counter commodity derivative.
``(2) Aggregate position limits.--
``(A) Development; imposition.--Notwithstanding any
other provision of this Act, in accordance with
subparagraph (B), to reduce the potential threat of
market manipulation, excessive speculation, or
congestion in any contract listed for trading on a
registered entity or a contract that the Commission has
determined to provide a price discovery role, the
Commission shall impose aggregate position limits on
positions held on registered entities, foreign boards
of trade, and each large over-the-counter transaction
or class of large over-the-counter transactions that
the Commission determines to be appropriate to assist
the Commission in protecting the price discovery
function of contracts under the jurisdiction of the
Commission.
``(B) Requirements for development and imposition
of aggregate position limits.--
``(i) Evaluation system.--In developing
aggregate position limits under subparagraph
(A), the Commission shall establish a system
for evaluating the degree to which--
``(I) each large over-the-counter
transaction and class of large over-
the-counter transactions are equivalent
to positions in contracts on registered
entities; and
``(II) contracts on registered
entities are equivalent to contracts on
other registered entities.
``(ii) Maximum level of aggregate position
limits.--In developing aggregate position
limits under subparagraph (A), the Commission
shall set the aggregate position limits at the
minimum level practicable to ensure sufficient
market liquidity for the conduct of bona fide
hedging transactions.
``(C) Consideration of factors for determination.--
``(i) In general.--In making a
determination under subparagraph (A) with
respect to the imposition of aggregate position
limits on appropriate large over-the-counter
transactions and classes of large over-the-
counter transactions, the Commission may
determine not to impose aggregate position
limits on any large over-the-counter
transaction or class of large over-the-counter
transactions if the Commission determines that
the large over-the-counter transaction or class
of large over-the-counter transactions does not
meet any of the factors described in clause
(ii).
``(ii) Factors.--The factors described in
clause (i) include--
``(I) whether a standardized
agreement is used to execute the large
over-the-counter transaction or class
of large over-the-counter transactions;
``(II) whether the large over-the-
counter transaction or class of large
over-the-counter transactions settles
against any price (including the daily
or final settlement price) of one or
more contracts listed for trading on a
registered entity;
``(III) whether the price of the
large over-the-counter transaction or
class of large over-the-counter
transactions is reported to a third
party, published, or otherwise
disseminated;
``(IV) whether the price of the
large over-the-counter transaction or
class of large over-the-counter
transactions is referenced in any other
transaction;
``(V) whether there is a
significant volume of the large over-
the-counter transaction or class of
large over-the-counter transactions;
and
``(VI) any other factor that the
Commission determines to be
appropriate.
``(D) Exemption for bona fide hedging
transactions.--The Commission may exempt any large
over-the-counter transaction or class of large over-
the-counter transactions from any aggregate position
limit developed and imposed by the Commission under
subparagraph (A) if the Commission determines that the
large over-the-counter transaction or class of large
over-the-counter transactions is a bona fide hedging
transaction.
``(E) Net sum of positions.--The aggregate position
limits developed and imposed by the Commission under
subparagraph (A) shall apply to the net sum of the like
positions held by a person on or in--
``(i) registered entities;
``(ii) foreign boards of trade; and
``(iii) over-the-counter commodity
derivatives.
``(F) Enforcement.--
``(i) In general.--Subject to clause (ii),
in enforcing each aggregate position limit
developed and imposed by the Commission under
subparagraph (A), the Commission may order a
person to reduce any position of the person.
``(ii) Maintenance of position; civil
penalty.--
``(I) Maintenance of position.--If
the Commission determines that the
reduction of a position of a person
under clause (i) would be disruptive to
the price discovery function, the
Commission may allow the person to
maintain the position.
``(II) Civil penalty.--The
Commission shall impose on the person
described in subclause (I) a civil
penalty in an amount not greater than--
``(aa) $1,000,000 for each
violation committed by the
person; or
``(bb) with respect to each
violation committed by the
person, the market value of the
position in excess of the
appropriate aggregate position
limit.
``(iii) Effect of violation.--A violation
of an aggregate position limit developed and
imposed by the Commission under subparagraph
(A) shall be determined to be a violation of
this Act.''. | Over-the-Counter Swaps Speculation Limit Act - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC) to impose aggregate position limits on positions held on registered entities, foreign boards of trade, and each large over-the-counter transaction or class of large over-the-counter transactions that it determines to be appropriate in protecting the price discovery function of contracts under its jurisdiction.
Sets forth requirements for development and imposition of aggregate position limits.
Authorizes the CFTC to exempt a large over-the-counter transaction or class of large over-the-counter transactions from any aggregate position limit it has developed and imposed if it determines that the transaction is a bona fide hedging transaction.
Declares such aggregate position limits applicable to the net sum of the like positions held by a person on or in: (1) registered entities; (2) foreign boards of trade; and (3) over-the-counter commodity derivatives.
Authorizes the CFTC to impose a civil penalty for violations of requirements of this Act. | {"src": "billsum_train", "title": "A bill to amend the Commodity Exchange Act to require the Commodity Futures Trading Commission to develop and impose aggregate position limits on certain large over-the-counter transactions and classes of large over-the-counter transactions."} | 1,521 | 238 | 0.637282 | 1.820962 | 0.98254 | 4.917073 | 6.936585 | 0.907317 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Accounting Act of 1995''.
SEC. 2. ACCOUNTING STATEMENT.
(a) In General.--Every 2 years after the enactment of this Act the
President shall prepare and submit to Congress an accounting statement
that estimates the costs of Federal regulatory programs and
corresponding benefits in accordance with this section.
(b) Years Covered By Accounting Statement.--Each accounting
statement shall cover, at a minimum, the 5 fiscal years beginning on
October 1 of the year in which the report is submitted and may cover
any fiscal year preceding such fiscal years for purposes of revising
previous estimates.
(c) Timing and Procedures.--
(1) Notice and comment.--The President shall provide notice
and opportunity for comment for each accounting statement. The
President may delegate to an agency the requirement to provide
notice and opportunity for comment for the portion of the
accounting statement relating to that agency.
(2) Deadlines for first statement.--The President shall
propose the first accounting statement under this section not
later than 2 years after the date of the enactment of this Act
and shall issue the first accounting statement in final form
not later than 3 years after the date of the enactment of this
Act. Such statement shall cover, at a minimum, each of the 8
fiscal years beginning after the date of the enactment of this
Act.
(d) Content of Accounting Statement.--
(1) In general.--Each accounting statement shall contain
estimates of costs and benefits with respect to each fiscal
year covered by the statement in accordance with this
subsection. For each such fiscal year for which estimates were
made in a previous accounting statement, the statement shall
revise those estimates and state the reasons for the revisions.
(2) Statement of costs.--
(A) In general.--An accounting statement shall
estimate the costs of Federal regulatory programs by
setting forth, for each year covered by the statement--
(i) the annual expenditure of national
economic resources for the regulatory program;
and
(ii) such other quantitative and
qualitative measures of costs as the President
considers appropriate.
Costs shall be quantified to the extent feasible and
appropriate and otherwise shall be qualitatively described.
(B) National economic resources.--For purposes of
the estimate of costs in the accounting statement,
national economic resources include, and shall be
listed under, at least the following categories:
(i) Private sector costs, including direct
costs and appropriate indirect costs.
(ii) Federal sector administrative costs.
(iii) Federal sector compliance costs.
(iv) State government administrative costs.
(v) Local government administrative costs.
(vi) State government compliance costs.
(vii) Local government compliance costs.
(3) Statement of corresponding benefits.--An accounting
statement shall estimate the benefits of Federal regulatory
programs by setting forth, for each year covered by the
statement, quantitative and qualitative measures of benefits.
Costs shall be quantified to the extent feasible and
appropriate and otherwise shall be qualitatively described. Any
quantitative estimate of benefits concerning reduction in human
health, safety, or environmental risks shall, to the extent
feasible and appropriate, present the most plausible level of
risk, along with a statement of the reasonable degree of
scientific uncertainty.
SEC. 3. ASSOCIATED REPORT TO CONGRESS.
(a) In General.--At the same time as the President submits an
accounting statement under section 2, the President, acting through the
Director of the Office of Management and Budget, shall submit to
Congress a report associated with the accounting statement (hereinafter
referred to as the ``associated report''). The associated report shall
contain an analyses of impacts prepared in, in accordance with
subsection (b).
(b) Analyses of Impacts.--The President shall include in the
associated report the following:
(1) Analyses prepared by the President of the cumulative
impact of Federal regulatory programs covered in the accounting
statement on the following:
(A) The ability of State and local governments to
provide essential services, including police, fire
protection, and education.
(B) Small business.
(C) Job growth.
(D) International competitiveness.
(E) Technological innovation.
(F) Consumer prices for goods and services.
(G) Such other factors considered appropriate by
the President.
(2) A summary of any independent analyses of impacts
prepared by persons commenting during the comment period on the
accounting statement.
SEC. 4. GUIDANCE FROM OFFICE OF MANAGEMENT AND BUDGET.
The Director of the Office of Management and Budget shall provide
guidance to agencies--
(1) to standardize measures of costs and benefits in
accounting statements prepared pursuant to this Act; and
(2) to standardize the format of the accounting statements.
SEC. 5. RECOMMENDATIONS FROM CONGRESSIONAL BUDGET OFFICE.
After each accounting statement and associated report are submitted
to Congress, the Director of the Congressional Budget Office shall make
recommendations to the President--
(1) for improving accounting statements prepared pursuant
to this Act, including recommendations on level of detail and
accuracy; and
(2) for improving associated reports prepared pursuant to
this Act, including recommendations on the quality of analysis.
SEC. 6. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) The term ``Federal regulatory program'' means a program
carried out pursuant to a related group of Federal statutes and
regulations, as determined by the President.
(2) The term ``regulation'' means an agency statement of
general applicability and future effect designed to implement,
interpret, or prescribe law or policy or describing the
procedure or practice requirements of an agency. The term does
not include--
(A) administrative actions governed by sections 556
and 557 of title 5, United States Code;
(B) regulations issued with respect to a military
or foreign affairs function of the United States; or
(C) regulations related to agency organization,
management, or personnel.
(3) The term ``agency'' means any executive department,
military department, Government corporation, Government
controlled corporation, or other establishment in the executive
branch of the Government (including the executive Office of the
President), but does not include the General Accounting Office,
Federal Election Commission, the governments of the District of
Columbia and of the territories and possessions of the United
States, and their various subdivisions, or Government-owned
contractor-operated facilities including laboratories engaged
in national defense research and production activities. | Regulatory Accounting Act of 1995 - Directs the President, after providing notice and opportunity for comment, to prepare and submit to the Congress: (1) a biennial accounting statement, covering at least the five fiscal years beginning on the first day of the fiscal year in which the report is submitted, that estimates the costs of Federal regulatory programs and corresponding benefits as outlined by this Act; and (2) an associated report analyzing program impacts on small business, State and local governments' ability to provide essential services, and other appropriate factors.
Directs the Director of the Office of Management and Budget to provide guidance to agencies to standardize measures of costs and benefits in such accounting statements as well as their format.
Requires the Director of the Congressional Budget Office, after each accounting statement and associated report are submitted, to make recommendations to the President for improving such statements and reports. | {"src": "billsum_train", "title": "Regulatory Accounting Act of 1995"} | 1,366 | 179 | 0.637042 | 1.629432 | 0.756831 | 3.842105 | 7.842105 | 0.918129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperwork Elimination Act of 1996''.
SEC. 2. PURPOSES.
The purpose of this Act is to--
(1) minimize the burden of Federal paperwork demands upon
small businesses, educational and nonprofit institutions,
Federal contractors, State and local governments, and other
persons through the sponsorship and use of alternative
information technologies, including the use of electronic
maintenance, submission, or disclosure of information to
substitute for paper; and
(2) more effectively enable Federal agencies to achieve the
purposes of chapter 35 of title 44, United States Code,
popularly known as the ``Paperwork Reduction Act''.
SEC. 3. AUTHORITY AND FUNCTIONS OF THE DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET.
(a) Direction and Oversight of Information Technology.--Section
3504(a)(1)(B)(vi) of title 44, United States Code, is amended to read
as follows:
``(vi) the acquisition and use of information
technology, including the use of alternative
information technologies, such as the use of electronic
submission, maintenance, or disclosure of information
to substitute for paper.''.
(b) Promotion of Use of Electronic Information Technology.--Section
3504(h) of title 44, United States Code, is amended by striking ``and''
after the semicolon at the end of paragraph (4), by striking the period
at the end of paragraph (5) and inserting ``; and'', and by adding at
the end the following:
``(6) specifically promote the optional use of electronic
maintenance, submission, or disclosure of information where
appropriate, as an alternative information technology to
substitute for paper.''.
SEC. 4. ASSIGNMENT OF TASKS AND DEADLINES.
Section 3505(a)(3) of title 44, United States Code, is amended by
striking ``and'' after the semicolon at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and inserting ``;
and'', and by adding at the end the following:
``(D) a description of progress in providing for
the use of electronic submission, maintenance, or
disclosure of information to substitute for paper,
including the extent to which such progress
accomplishes reduction of burden on small businesses or
other persons.''.
SEC. 5. FEDERAL AGENCY RESPONSIBILITIES.
(a) Providing for Use of Electronic Information Management.--
Section 3506(c)(1)(B) of title 44, United States Code, is amended by
striking ``and'' after the semicolon at the end of clause (ii) and by
adding at the end the following:
``(iv) provides for the optional use, where
appropriate, of electronic maintenance,
submission, or disclosure of information;
and''.
(b) Promotion of Electronic Information Management.--Section
3506(c)(3)(C) of title 44, United States Code, is amended by striking
``or'' after the semicolon at the end of clause (ii), by adding ``or''
after the semicolon at the end of clause (iii), and by adding at the
end the following:
``(iv) the promotion and optional use,
where appropriate, of electronic maintenance,
submission, or disclosure of information.''.
(c) Use of Alternative Information Technologies.--Section
3506(c)(3)(J) of title 44, United States Code, is amended to read as
follows:
``(J) to the maximum extent practicable, uses
alternative information technologies, including the use
of electronic maintenance, submission, or disclosure of
information, to reduce burden and improve data quality,
agency efficiency and responsiveness to the public.''.
SEC. 6. PUBLIC INFORMATION COLLECTION ACTIVITIES; SUBMISSION TO
DIRECTOR; APPROVAL AND DELEGATION.
Section 3507(a)(1)(D)(ii) of title 44, United States Code, is
amended by striking ``and'' after the semicolon at the end of subclause
(V), by adding ``and'' after the semicolon at the end of subclause
(VI), and by adding at the end the following:
``(VII) a description of how
respondents may, if appropriate,
electronically maintain, submit, or
disclose information under the
collection of information.''.
SEC. 7. RESPONSIVENESS TO CONGRESS.
Section 3514(a)(2) of title 44, United States Code, is amended by
striking ``and'' after the semicolon at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and inserting ``;
and'', and by adding at the end the following:
``(E) reduced the collection of information burden on small
businesses and other persons through the use of electronic
maintenance, submission, or disclosure of information to
substitute for paper maintenance, submission, or disclosure of
information, including--
``(i) a description of instances where such
substitution has added to burden; and
``(ii) specific identification of such instances
relating to the Internal Revenue Service.''.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect October 1, 1997.
Passed the House of Representatives April 24, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Paperwork Elimination Act of 1996 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to: (1) provide direction and oversee the use of information technology, including alternative information technologies to substitute for paper; (2) specifically promote the optional use of electronic information technology as such an alternative; and (3) provide within a required information resources strategic management plan a description of progress in providing for the use of electronic information as a substitute for paper. Requires each Federal agency to: (1) ensure that each information collection provides for the optional use of electronic maintenance, submission, or disclosure of information; (2) use alternative information technologies to reduce burden and improve data quality, agency efficiency, and responsiveness to the public; and (3) publish a description of how respondents may electronically maintain the information to be collected. Requires the Director to report to the Congress on the extent to which Federal agencies reduced the collection of information burden on small businesses and other persons through the use of electronic maintenance, submission, or disclosure of information as a substitute for paper maintenance, submission, or disclosure. | {"src": "billsum_train", "title": "Paperwork Elimination Act of 1996"} | 1,213 | 227 | 0.650034 | 1.911803 | 0.927633 | 4.067873 | 4.868778 | 0.900452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Equity for Health Plan
Beneficiaries Act of 2009''.
SEC. 2. APPLICATION OF ACCIDENT AND HEALTH PLANS TO ELIGIBLE
BENEFICIARIES.
(a) Exclusion of Contributions.--Section 106 of the Internal
Revenue Code of 1986 (relating to contributions by employer to accident
and health plans) is amended by adding at the end the following new
subsection:
``(f) Coverage Provided for Eligible Beneficiaries of Employees.--
``(1) In general.--Subsection (a) shall apply with respect
to any eligible beneficiary of the employee.
``(2) Eligible beneficiary.--For purposes of this
subsection, the term `eligible beneficiary' means any
individual who is eligible to receive benefits or coverage
under an accident or health plan.''.
(b) Exclusion of Amounts Expended for Medical Care.--The first
sentence of section 105(b) of such Code (relating to amounts expended
for medical care) is amended--
(1) by striking ``and his dependents'' and inserting ``his
dependents'', and
(2) by inserting before the period the following: ``and any
eligible beneficiary (within the meaning of section 106(f))
with respect to the taxpayer''.
(c) Payroll Taxes.--
(1) Section 3121(a)(2) of such Code is amended--
(A) by striking ``or any of his dependents'' in the
matter preceding subparagraph (A) and inserting ``, any
of his dependents, or any eligible beneficiary (within
the meaning of section 106(f)) with respect to the
employee'',
(B) by striking ``or any of his dependents,'' in
subparagraph (A) and inserting ``, any of his
dependents, or any eligible beneficiary (within the
meaning of section 106(f)) with respect to the
employee,'', and
(C) by striking ``and their dependents'' both
places it appears and inserting ``and such employees'
dependents and eligible beneficiaries (within the
meaning of section 106(f))''.
(2) Section 3231(e)(1) of such Code is amended--
(A) by striking ``or any of his dependents'' and
inserting ``, any of his dependents, or any eligible
beneficiary (within the meaning of section 106(f)) with
respect to the employee,'', and
(B) by striking ``and their dependents'' both
places it appears and inserting ``and such employees'
dependents and eligible beneficiaries (within the
meaning of section 106(f))''.
(3) Section 3306(b)(2) of such Code is amended--
(A) by striking ``or any of his dependents'' in the
matter preceding subparagraph (A) and inserting ``, any
of his dependents, or any eligible beneficiary (within
the meaning of section 106(f)) with respect to the
employee,'',
(B) by striking ``or any of his dependents'' in
subparagraph (A) and inserting ``, any of his
dependents, or any eligible beneficiary (within the
meaning of section 106(f)) with respect to the
employee'', and
(C) by striking ``and their dependents'' both
places it appears and inserting ``and such employees'
dependents and eligible beneficiaries (within the
meaning of section 106(f))''.
(4) Section 3401(a) of such Code is amended by striking
``or'' at the end of paragraph (22), by striking the period at
the end of paragraph (23) and inserting ``; or'', and by
inserting after paragraph (23) the following new paragraph:
``(24) for any payment made to or for the benefit of an
employee or any eligible beneficiary (within the meaning of
section 106(f)) if at the time of such payment it is reasonable
to believe that the employee will be able to exclude such
payment from income under section 106 or under section 105 by
reference in section 105(b) to section 106(f).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 3. EXPANSION OF DEPENDENCY FOR PURPOSES OF DEDUCTION FOR HEALTH
INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) of the Internal
Revenue Code of 1986 (relating to special rules for health insurance
costs of self-employed individuals) is amended to read as follows:
``(1) Allowance of deduction.--In the case of a taxpayer
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to the amount paid during the taxable year for
insurance which constitutes medical care for--
``(A) the taxpayer,
``(B) the taxpayer's spouse,
``(C) the taxpayer's dependents, and
``(D) any individual who--
``(i) satisfies the age requirements of
section 152(c)(3)(A),
``(ii) bears a relationship to the taxpayer
described in section 152(d)(2)(H), and
``(iii) meets the requirements of section
152(d)(1)(C), and
``(E) one individual who--
``(i) does not satisfy the age requirements
of section 152(c)(3)(A),
``(ii) bears a relationship to the taxpayer
described in section 152(d)(2)(H),
``(iii) meets the requirements of section
152(d)(1)(D), and
``(iv) is not the spouse of the taxpayer
and does not bear any relationship to the
taxpayer described in subparagraphs (A) through
(G) of section 152(d)(2).''.
(b) Conforming Amendment.--Subparagraph (B) of section 162(l)(2) of
such Code is amended by inserting ``, any dependent, or individual
described in subparagraph (D) or (E) of paragraph (1) with respect to''
after ``spouse''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 4. EXTENSION TO ELIGIBLE BENEFICIARIES OF SICK AND ACCIDENT
BENEFITS PROVIDED TO MEMBERS OF A VOLUNTARY EMPLOYEES'
BENEFICIARY ASSOCIATION AND THEIR DEPENDENTS.
(a) In General.--Section 501(c)(9) of the Internal Revenue Code of
1986 (relating to list of exempt organizations) is amended by adding at
the end the following new sentence: ``For purposes of providing for the
payment of sick and accident benefits to members of such an association
and their dependents, the term `dependents' shall include any
individual who is an eligible beneficiary (within the meaning of
section 106(f)), as determined under the terms of a medical benefit,
health insurance, or other program under which members and their
dependents are entitled to sick and accident benefits.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 5. FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH REIMBURSEMENT
ARRANGEMENTS.
The Secretary of Treasury shall issue guidance of general
applicability providing that medical expenses that otherwise qualify--
(1) for reimbursement from a flexible spending arrangement
under regulations in effect on the date of the enactment of
this Act may be reimbursed from an employee's flexible spending
arrangement, notwithstanding the fact that such expenses are
attributable to any individual who is not the employee's spouse
or dependent (within the meaning of section 105(b) of the
Internal Revenue Code of 1986) but is an eligible beneficiary
(within the meaning of section 106(f) of such Code) under the
flexible spending arrangement with respect to the employee, and
(2) for reimbursement from a health reimbursement
arrangement under regulations in effect on the date of the
enactment of this Act may be reimbursed from an employee's
health reimbursement arrangement, notwithstanding the fact that
such expenses are attributable to an individual who is not a
spouse or dependent (within the meaning of section 105(b) of
such Code) but is an eligible beneficiary (within the meaning
of section 106(f) of such Code) under the health reimbursement
arrangement with respect to the employee.
SEC. 6. EXTENSION OF QUALIFIED MEDICAL EXPENSES FROM HEALTH SAVINGS
ACCOUNTS.
(a) In General.--Subparagraph (A) of section 223(d)(2) of the
Internal Revenue Code of 1986 (relating to qualified medical expenses)
is amended--
(1) by striking ``and any dependent'' and inserting ``any
dependent'', and
(2) by inserting ``, and any qualified beneficiary'' after
``thereof)''.
(b) Qualified Beneficiary.--Section 223(d)(2) of such Code is
amended by inserting after subparagraph (C) the following new
subparagraph:
``(D) Qualified beneficiary.--For purposes of
subparagraph (A), the term `qualified beneficiary'
means any individual who is described in subparagraph
(D) or (E) of section 162(l)(1).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Tax Equity for Health Plan Beneficiaries Act of 2009 - Amends the Internal Revenue Code to: (1) exclude from an employee's gross income employer-provided accident and health plan benefits extended to a domestic partner or non-dependent, non-spouse beneficiary eligible to receive such benefits under an employer plan (i.e., "eligible beneficiary"); (2) exempt such benefits paid to eligible beneficiaries from applicable employment and unemployment taxes; (3) allow self-employed individuals a tax deduction for the health insurance costs of their eligible beneficiaries; (4) allow tax-exempt volutary employees' beneficiary associations to provide sick and accident benefits to the domestic partners and non-dependent, non-spouse beneficiaries of their members; and (5) allow reimbursement of the medical expenses of an eligible beneficiary from a health savings account (HSA).
Directs the Secretary of the Treasury to provide guidance relating to reimbursements from a flexible spending arrangement and a health reimbursement arrangement attributable to an eligible beneficiary as defined by this Act. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage for employees' spouses and dependent children to coverage provided to other eligible designated beneficiaries of employees."} | 2,241 | 216 | 0.542175 | 1.553617 | 0.74756 | 1.93401 | 9.502538 | 0.847716 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cuban Military
Transparency Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Prohibitions on financial transactions with the Ministry of the
Revolutionary Armed Forces or the Ministry
of the Interior of Cuba.
Sec. 5. Inclusion in Department of State rewards program of rewards for
information leading to the arrest or
conviction of individuals responsible for
the February 24, 1996, attack on United
States aircraft.
Sec. 6. Coordination with INTERPOL.
Sec. 7. Report on the role of the Ministry of the Revolutionary Armed
Forces and the Ministry of the Interior of
Cuba in the economy and foreign
relationships of Cuba.
Sec. 8. Report on use and ownership of confiscated property.
Sec. 9. Termination.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In his December 17, 2014, announcement to pursue the
normalization of relations with Cuba, President Barack Obama
stated, ``I believe that more resources should be able to reach
the Cuban people. So we're significantly increasing the amount
of money that can be sent to Cuba, and removing limits on
remittances that support humanitarian projects, the Cuban
people, and the emerging Cuban private sector.''.
(2) In his January 14, 2011, comments on the easing of
travel sanctions, President Barack Obama also stated, ``These
measures will increase people-to-people contact; support civil
society in Cuba; enhance the free flow of information to, from,
and among the Cuban people; and help promote their independence
from Cuban authorities.''.
(3) Article 18 of the 1976 Constitution of Cuba reads,
``The State directs and controls foreign commerce.''.
(4) The largest company in Cuba is the Grupo Gaesa (Grupo
de Administracion Empresarial S.A.), founded by General Raul
Castro Ruz in the 1990s, controlled and operated by the Cuban
military, which oversees all investments, and run by General
Raul Castro's son-in-law, General Luis Alberto Rodriguez Lopez-
Callejas.
(5) On June 3, 2015, the United States House of
Representatives voted overwhelmingly in support of a provision
prohibiting exports to the Cuban military and security services
in the Fiscal Year 2016 Commerce, Justice, and Science
Appropriations bill (H.R. 2578), with a recorded vote of 153 to
273 in opposition to House Amendment 308 to strike that
provision.
(6) The Cuban military, through its tourism conglomerates,
is currently operating resort facilities in properties
confiscated from United States citizens.
(7) In 2003, a United States grand jury indicted General
Ruben Martinez Puente, head of the Cuban Air Force, and two
Cuban Air Force pilots, Col. Lorenzo Alberto Perez-Perez and
Francisco Perez-Perez, on four counts of murder, two counts of
destruction of aircraft, and one count of conspiracy to kill
United States nationals for their roles in the February 24,
1996, attack by Cuban military jets over international waters
on two United States civilian Cessna planes operated by the
Brothers To The Rescue humanitarian organization.
(8) The 2003 United States indictment against Cuban
military officials is the only outstanding indictment against
senior military officials from a country designated by the
United States as a ``state sponsor of terrorism'' for the
murder of United States nationals.
(9) In a December 17, 2014, article in Politico, United
States Representative James McGovern (D-MA) stated that General
Raul Castro admitted to giving the order to shoot down the
United States civilian planes that resulted in the murder of
those United States nationals in 1996. ``I gave the order. I'm
the one responsible.'', Castro told McGovern.
(10) One of the Cuban spies exchanged in the December 17,
2014, deal by President Obama with the Cuban regime was Gerardo
Hernandez, who was serving a life sentence for murder
conspiracy in the deaths of three United States citizens,
Armando Alejandre, Jr., Carlos Costa, Mario de la Pena, and
permanent resident of the United States, Pablo Morales.
(11) According to a July 16, 2013, article in The New York
Times, the Cuban military played a central role in the 2013
trafficking incident that involved more than 240 metric tons of
heavy weapons, including fully fueled MiG fighter jets,
missiles, and air defense systems, to North Korea.
(12) A United Nations panel of experts found that the
trafficking incident described in paragraph (11) violated
United Nations Security Council sanctions and was the largest
weapons cache ever intercepted being transported to or from
North Korea. The Cuban military refused to cooperate with
United Nations investigators.
(13) According to a March 5, 2015, article in The
Washington Times, in February 2015, the Colombian authorities
intercepted a Chinese-flagged vessel carrying a clandestine
shipment of war materiel destined for the Cuban military, via
one of its shadow companies, TecnoImport S.A. The shipment,
disguised as grain products, included 99 rockets, 3,000 cannon
shells, 100 tons of military-grade dynamite and 2,600,000
detonators.
(14) According to a March 25, 2014, article in The New York
Times and an April 15, 2014, Financial Times article, the Cuban
military has provided military intelligence, weapons training,
strategic planning, and security logistics to the military and
security forces of Venezuela, which has contributed to the
subversion of democratic institutions and violent suppression
of peaceful protests in Venezuela.
(15) The Cuba 2013 Human Rights Report prepared by the
Department of State states that ``the military maintained
effective control over the security forces, which committed
human rights abuses against civil rights activists and other
citizens alike.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support the efforts of the people of Cuba to promote
the establishment of basic freedoms in Cuba, including a
democratic political system in which the military and other
security forces are under the control of democratically elected
civilian leaders;
(2) to ensure that legal travel and trade with Cuba by
citizens and residents of the United States does not serve to
enrich or empower the military or other security forces of Cuba
run by the Castro family;
(3) to support the emergence of a government in Cuba that
does not oppress the people of Cuba and does not use its
military or other security forces to persecute, intimidate,
arrest, imprison, or assassinate dissidents;
(4) to bring to justice in the United States the officials
of Cuba involved in the February 24, 1996, attack of two United
States civilian Cessna aircraft by Cuban military jets over
international waters; and
(5) to counter the efforts of Cuba, through military and
other assistance, to promote repression elsewhere in the
Western Hemisphere, especially in Venezuela.
SEC. 4. PROHIBITIONS ON FINANCIAL TRANSACTIONS WITH THE MINISTRY OF THE
REVOLUTIONARY ARMED FORCES OR THE MINISTRY OF THE
INTERIOR OF CUBA.
(a) In General.--Except as provided in subsection (b), beginning on
the date that is 30 days after the date of the enactment of this Act,
and notwithstanding any other provision of law, a United States person
shall not engage in any financial transaction with, or transfer of
funds to, any of the following:
(1) The Ministry of the Revolutionary Armed Forces of Cuba,
the Ministry of the Interior of Cuba, or any subdivision of
either such Ministry.
(2) Any agency, instrumentality, or other entity that is
operated or controlled by an entity specified in paragraph (1).
(3) Any agency, instrumentality, or other entity owned by
an entity specified in paragraph (1) in a percentage share
exceeding 25 percent.
(4) An individual who is a senior member of the Ministry of
the Revolutionary Armed Forces of Cuba or the Ministry of the
Interior of Cuba.
(5) Any agency, instrumentality, or other entity that is
operated or controlled by an individual specified in paragraph
(4).
(6) Any individual or entity--
(A) for the purpose of avoiding a financial
transaction with, or transfer of funds to, an
individual or entity specified in any of paragraphs (1)
through (5); or
(B) for the benefit of an individual or entity
specified in any of paragraphs (1) through (5).
(b) Exceptions.--The prohibitions on financial transactions and
transfers of funds under subsection (a) shall not apply with respect
to--
(1) the sale of agricultural commodities, medicines, and
medical devices sold to Cuba consistent with the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 et seq.);
(2) a remittance to an immediate family member;
(3) payments in furtherance of the lease agreement, or
other financial transactions necessary for maintenance and
improvements of the military base at Guantanamo Bay, Cuba,
including any adjacent areas under the control or possession of
the United States;
(4) assistance or support in furtherance of democracy-
building efforts for Cuba described in section 109 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6039); or
(5) customary and routine financial transactions necessary
for the maintenance, improvements, or regular duties of the
United States Interests Section in Havana, including outreach
to the pro-democracy opposition.
(c) Implementation; Penalties.--
(1) Implementation.--The President shall exercise all
authorities under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to
carry out this section, except that the President--
(A) shall not issue any general license
authorizing, or otherwise authorize, any activity
prohibited under subsection (a); and
(B) shall require any United States person seeking
to engage in a financial transaction or transfer of
funds prohibited under subsection (a) to submit a
written request to the Office of Foreign Assets Control
of the Department of the Treasury.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (a) or any regulation, license, or order issued to
carry out subsection (a) shall be subject to the penalties set
forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) United States Person Defined.--In this section, the term
``United States person'' means--
(1) a United States citizen or alien admitted for permanent
residence to the United States; and
(2) an entity organized under the laws of the United States
or any jurisdiction within the United States.
SEC. 5. INCLUSION IN DEPARTMENT OF STATE REWARDS PROGRAM OF REWARDS FOR
INFORMATION LEADING TO THE ARREST OR CONVICTION OF
INDIVIDUALS RESPONSIBLE FOR THE FEBRUARY 24, 1996, ATTACK
ON UNITED STATES AIRCRAFT.
Section 36(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(b)) is amended--
(1) in paragraph (9), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (10), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(11) the arrest or conviction in any country of any
individual responsible for committing, conspiring or attempting
to commit, or aiding or abetting in the commission of the
attack on the aircraft of United States persons in
international waters by the military of Cuba on February 24,
1996.''.
SEC. 6. COORDINATION WITH INTERPOL.
The Attorney General, in coordination with the Secretary of State,
shall seek to coordinate with the International Criminal Police
Organization (INTERPOL) to pursue the location and arrest of United
States fugitives in Cuba, including current and former members of the
military of Cuba, such as those individuals who committed, conspired or
attempted to commit, or aided or abetted in the commission of the
attack on the aircraft of United States persons in international waters
by the military of Cuba on February 24, 1996, with a view to
extradition or similar lawful action, including through the circulation
of international wanted notices (commonly referred to as ``Red
Notices'').
SEC. 7. REPORT ON THE ROLE OF THE MINISTRY OF THE REVOLUTIONARY ARMED
FORCES AND THE MINISTRY OF THE INTERIOR OF CUBA IN THE
ECONOMY AND FOREIGN RELATIONSHIPS OF CUBA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years, the
President shall submit to Congress a report on the role of the Ministry
of the Revolutionary Armed Forces and the Ministry of the Interior of
Cuba with respect to the economy of Cuba.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An identification of entities the United States
considers to be owned, operated, or controlled, in whole or in
part, by the Ministry of the Revolutionary Armed Forces or the
Ministry of the Interior of Cuba or any senior member of the
Ministry of the Revolutionary Armed Forces or the Ministry of
the Interior of Cuba.
(2) An assessment of the business dealings with countries
and entities outside of Cuba conducted by entities identified
under paragraph (1) and officers of the Ministry of the
Revolutionary Armed Forces or the Ministry of the Interior of
Cuba.
(3) An assessment of the relationship of the Ministry of
the Revolutionary Armed Forces and the Ministry of the Interior
of Cuba with the militaries of foreign countries, including
whether either such Ministry has conducted joint training,
exercises, financial dealings, or weapons purchases or sales
with such militaries or provided advisors to such militaries.
(c) Form of Report.--Each report submitted under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 8. REPORT ON USE AND OWNERSHIP OF CONFISCATED PROPERTY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for three years, the
President shall submit to Congress a report on the confiscation of
property and the use of confiscated property by the Ministry of the
Revolutionary Armed Forces and the Ministry of the Interior of Cuba.
(b) Definitions.--In this section, the terms ``confiscated'' and
``confiscation'' have the meanings given those terms in section 401 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6091).
SEC. 9. TERMINATION.
The provisions of this Act shall terminate on the date on which the
President submits to Congress a determination under section 203(c)(3)
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
(22 U.S.C. 6063(c)(3)) that a democratically elected government in Cuba
is in power. | Cuban Military Transparency Act This bill prohibits a U.S. person from engaging in any financial transaction with or transfer of funds to: the Ministry of the Revolutionary Armed Forces of Cuba or the Ministry of the Interior of Cuba (or any of their subdivisions); a senior member of such Ministries; any agency, instrumentality, or other entity that is more than 25% owned, or that is operated or controlled by, such a Ministry; or any individual or entity for the purpose of avoiding a prohibited financial transaction or transfer of funds that is for the benefit of that individual or entity. Such prohibitions shall not apply to: the sale to Cuba of agricultural commodities, medicines, and medical devices; a remittance to an immediate family member; assistance in furtherance of democracy-building efforts for Cuba; payments in furtherance of the lease agreement or other financial transactions necessary for maintenance and improvements of the military base at Guantanamo Bay; or customary and routine financial transactions necessary for the maintenance or regular duties of the U.S. Interests Section in Havana, including outreach to the pro-democracy opposition. A person that violates or attempts to violate such prohibitions shall be subject to specified penalties under the International Emergency Economic Powers Act. The Department of State rewards program under the State Department Basic Authorities Act of 1956 shall include rewards for information leading to the arrest or conviction in any country of any individual responsible for or aiding in the February 1996 attack on the aircraft of U.S. persons in international waters by the Cuban military. The Attorney General shall seek to coordinate with the International Criminal Police Organization (INTERPOL) to pursue the location and arrest of U.S. fugitives in Cuba, including current and former members of the Cuban military. | {"src": "billsum_train", "title": "Cuban Military Transparency Act"} | 3,459 | 379 | 0.53286 | 1.862495 | 0.650982 | 4.819277 | 9.563253 | 0.945783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quiet Communities Act of 2015''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Approximately 28,000,000 Americans are afflicted with
some hearing loss and it has been estimated that 10,000,000 of
these impairments are at least partially attributable to damage
from exposure to noise.
(2) For millions of Americans, noise from aircraft,
vehicular traffic, and a variety of other sources is a constant
source of torment. Millions of Americans are exposed to noise
levels that can lead to sleep loss, psychological and
physiological damage, and work disruption.
(3) Chronic exposure to noise has been linked to increased
risk of cardiovascular disorders, learning deficits in
children, stress, and diminished quality of life.
(4) Excessive noise leading to sleep deprivation and task
interruptions can result in untold costs on society in
diminished worker productivity.
(5) Pursuant to authorities granted under the Clean Air Act
of 1970, the Noise Control Act of 1972, and the Quiet
Communities Act of 1978, the Environmental Protection Agency
established an Office of Noise Abatement and Control. Its
responsibilities included promulgating noise emission
standards, requiring product labeling, facilitating the
development of low emission products, coordinating Federal
noise reduction programs, assisting State and local abatement
efforts, and promoting noise education and research. However,
funding for the Office of Noise Abatement and Control was
terminated in 1982 and no funds have been provided since.
(6) Because the Environmental Protection Agency remains
legally responsible for enforcing regulations issued under the
Noise Control Act of 1972 even though funding for these
activities were terminated, and because the Noise Control Act
of 1972 prohibits State and local governments from regulating
noise sources in many situations, noise abatement programs
across the country lie dormant.
(7) As population growth and air and vehicular traffic
continue to increase, noise pollution is likely to become an
even greater problem in the future. The health and welfare of
our citizens demands that the Environmental Protection Agency,
the lead Federal agency for the protection of public health and
welfare, once again assume a role in combating noise pollution.
SEC. 3. REESTABLISHMENT OF OFFICE OF NOISE ABATEMENT AND CONTROL.
(a) Reestablishment.--The Administrator of the Environmental
Protection Agency shall reestablish within the Environmental Protection
Agency an Office of Noise Abatement and Control.
(b) Duties.--The responsibilities of the Office include the
following:
(1) To promote the development of effective State and local
noise control programs by providing States with technical
assistance and grants to develop the programs, including the
purchase of equipment for local communities.
(2) To carry out a national noise control research program
to assess the impacts of noise from varied noise sources on
mental and physical health.
(3) To carry out a national noise environmental assessment
program to identify trends in noise exposure and response,
ambient levels, and compliance data and to determine the
effectiveness of noise abatement actions, including actions for
areas around major transportation facilities (such as highways,
railroad facilities, and airports).
(4) To develop and disseminate information and educational
materials to the public on the mental and physical effects of
noise and the most effective means for noise control through
the use of materials for school curricula, volunteer
organizations, radio and television programs, publications, and
other means.
(5) To develop educational and training materials and
programs, including national and regional workshops, to support
State and local noise abatement and control programs.
(6) To establish regional technical assistance centers
which use the capabilities of university and private
organizations to assist State and local noise control programs.
(7) To undertake an assessment of the effectiveness of the
Noise Control Act of 1972.
(c) Preferred Approaches.--In carrying out its duties under this
section, the Office shall emphasize noise abatement approaches that
rely on local and State activities, market incentives, and coordination
with other public and private agencies.
(d) Study.--
(1) In general.--Using funds made available to the Office,
the Administrator shall carry out a study of airport noise. The
Administrator shall carry out the study by entering into
contracts or other agreements with independent scientists with
expertise in noise measurements, noise effects, and noise
abatement techniques to conduct the study.
(2) Contents.--The study shall examine the selection of
noise measurement methodologies by the Federal Aviation
Administration, the threshold of noise at which health impacts
are felt, and the effectiveness of noise abatement programs at
airports around the Nation.
(3) Report.--Not later than 24 months after the date of
enactment of this Act, the Administrator shall transmit to
Congress a report on the results of the study, together with
specific recommendations on new measures that can be
implemented to mitigate the impact of aircraft noise on
surrounding communities.
SEC. 4. GRANTS UNDER QUIET COMMUNITIES PROGRAM.
Section 14(c)(1) of the Noise Control Act of 1972 (42 U.S.C.
4913(c)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (C); and
(2) by adding at the end the following:
``(E) establishing and implementing training
programs on use of noise abatement equipment; and
``(F) implementing noise abatement plans;''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal years
2016 through 2020 $21,000,000 for activities of the Office of Noise
Abatement and Control reestablished under section 3. | Quiet Communities Act of 2015 This bill requires the Environmental Protection Agency (EPA) to reestablish an Office of Noise Abatement and Control and reauthorizes the Office's activities through FY2020. The responsibilities of the Office must include: (1) promoting the development of effective state and local noise control programs, (2) carrying out a national noise control research program, (3) carrying out a national noise environmental assessment program, (4) establishing regional technical assistance centers to assist state and local noise control programs, (5) assessing the effectiveness of the Noise Control Act of 1972, and (6) conducting related outreach and educational activities. The Office must emphasize noise abatement approaches that rely on local and state activities, market incentives, and coordination with other agencies. Using funds made available to the Office, the EPA must carry out a study of airport noise. The bill amends the Noise Control Act of 1972 to expand the quiet communities grant program to include grants for establishing and implementing training programs on use of noise abatement equipment and implementing noise abatement plans. | {"src": "billsum_train", "title": "Quiet Communities Act of 2015"} | 1,211 | 228 | 0.595732 | 1.842112 | 0.914306 | 4.348039 | 5.583333 | 0.897059 |
SECTION 1. DENIAL OF EPA BENEFITS FOR CERTAIN PERSONS.
(a) Ineligibility.--Any person who applies for an Environmental
Protection Agency benefit is ineligible from receiving the benefit if
the person has been--
(1) convicted of violating any Federal environmental law;
or
(2) found by the Administrator to hold, or previously to
have held, a beneficial business interest in any business
concern which is required to be listed on the person's
disclosure statement under section 2 and which has been
convicted of violating a Federal environmental law.
(b) Determination of Ineligibility.--The Administrator shall
determine whether a person applying for an Environmental Protection
Agency benefit is ineligible for the benefit by reason of subsection
(a). Such determination shall be made not later than 6 months after the
person submits a disclosure statement under section 2.
(c) Rehabilitation.--The Administrator may not determine that a
person is ineligible for a benefit by reason of subsection (a)(1) if
the person demonstrates by clear and convincing evidence that the
person has been rehabilitated. Factors that the Administrator may
consider in reviewing the evidence include the following:
(1) The nature and responsibilities of the position held by
the person.
(2) The nature and seriousness of the offense.
(3) The circumstances under which the offense occurred.
(4) The date of the offense.
(5) The age of the person when the offense was committed.
(6) Whether the offense was an isolated or repeated
incident.
(d) Period of Ineligibility.--The ineligibility for benefits under
this section shall apply for a period, as determined by the
Administrator of the Environmental Protection Agency, of not less than
10 years after the date of the conviction or finding by the
Administrator under subsection (a).
SEC. 2. DISCLOSURE STATEMENT.
(a) Requirement for Submission of Disclosure Statement.--For
purposes of enforcing section 1, the Administrator of the Environmental
Protection Agency shall require any person who--
(1) applies for any permit under a Federal environmental
law;
(2) applies for any type of grant or loan from the
Environmental Protection Agency;
(3) in the case of a procurement for goods or services
being conducted by the Environmental Protection Agency, submits
a sealed bid or competitive proposal to the agency in response
to a solicitation for bids or request for proposals for the
goods or services; or
(4) applies for any other Environmental Protection Agency
benefit;
to submit a disclosure statement as described in subsection (b). Such
disclosure statement shall be submitted to the Environmental Protection
Agency at the same time as the application, bid, or proposal is
submitted.
(b) Contents of Disclosure Statement.--The following information
shall be included in the disclosure statement submitted under
subsection (a):
(1) In the case of an individual, the full name and
business address of the individual. In the case of a business
concern, the full name and business address of any officers,
directors, partners, or key employees of the business concern
and all individuals or business concerns holding any equity in
or debt liability of the business concern, or, if the business
concern is a publicly traded corporation, all individuals or
business concerns holding more than 5 percent of the equity in
or debt liability of the business concern.
(2) The full name and business address of all officers,
directors, or partners of any business concern disclosed in the
statement and the names and addresses of all individuals or
business concerns holding any equity in or debt liability of
any business concern so disclosed, or, if the business concern
is a publicly traded corporation, all individuals or business
concerns holding more than 5 percent of the equity in or debt
liability of that business concern.
(3) The full name and business address of any business
concern which collects, transports, treats, stores, or disposes
of solid waste or hazardous waste in which the individual or
business concern submitting the disclosure statement holds an
equity interest.
(4) A description of the experience and credentials in,
including any past or present licenses for, the collection,
transportation, treatment, storage, or disposal of solid waste
or hazardous waste possessed by the individual or business
concern, or by any key employee, officer, director, or partner
of the business concern.
(5) A listing and explanation of any notices of violation
or prosecution, administrative orders, or license or permit
revocations issued by any State or Federal authority, in the 10
years immediately preceding the submission of the disclosure
statement, which are pending or have resulted in a finding or a
settlement of a violation of any law, rule, or regulation
relating to the collection, transportation, treatment, storage,
or disposal of solid waste or hazardous waste by the individual
or business concern, or by any key employee, officer, director,
or partner of the business concern.
(6) A listing and explanation of any judgment of liability
or conviction which was rendered, pursuant to any State or
Federal statute or local ordinance, against the individual or
business concern, or against any key employee, officer,
director, or partner of the business concern.
(7) A listing of any State or local agencies which had
regulatory responsibility over the individual or business
concern in connection with the individual's or business
concern's collection, transportation, treatment, storage, or
disposal of solid waste or hazardous waste.
(8) Any other information the Administrator may require
that relates to the competency, reliability, or good character
of the individual or business concern.
(c) Revisions.--Each person that submits a disclosure statement
under this section shall, if any information required to be included in
the disclosure statement changes, or if any additional information
should be added after the submission of the statement, provide that
information to the Administrator in writing not later than 30 days
after the change or addition.
SEC. 3. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS.
(a) In General.--The Administrator shall enforce section 1 by
examination of the disclosure statement required under section 2 and by
such other means, including record and field investigations, as the
Administrator considers necessary.
(b) Access Entry.--For purposes of enforcing this Act--
(1) any officer, employee, or representative of the
Environmental Protection Agency may enter at reasonable times
any establishment or other place where a person who applies for
an Environmental Protection Agency benefit carries out
business; and
(2) any person who applies for an Environmental Protection
Agency benefit shall, upon request of any such officer,
employee, or representative, furnish information relating to
the benefit application and disclosure statement and permit any
such officer, employee, or representative at all reasonable
times to have access to, and to copy all records relating to,
such application and statement.
(c) Hearing.--Any person who is determined by the Administrator to
be ineligible for an Environmental Protection Agency benefit under this
Act shall, upon written request to the Administrator not later than 30
days after the determination is made, be afforded the opportunity for a
hearing on the record in accordance with section 554 of title 5, United
States Code.
(d) Confidentiality.--(1) Except as provided in paragraph (2),
disclosure statements, records, and other information obtained from
individuals or business concerns under this Act shall be available to
the public.
(2) Upon a showing satisfactory to the Administrator by an
individual or business concern that the public disclosure of a
disclosure statement, record, or other information obtained under this
Act would divulge information entitled to protection under section 1905
of title 18, United States Code, such information shall be considered
confidential in accordance with the purposes of that section.
(e) Regulations.--Not later than six months after the date of the
enactment of this Act, the Administrator shall prescribe regulations to
administer and enforce this Act.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Beneficial business interest.--The term ``beneficial
business interest'' means any form of monetary interest in a
business concern, including an equity interest, debt liability,
or other interest, by means of which the holder of the interest
may influence, decide, or manage the activities of the business
concern.
(3) Business concern.--The term ``business concern'' means
any corporation, firm, joint stock company, association,
partnership, trust, or other form of commercial organization.
(4) Environmental protection agency benefit.--The term
``Environmental Protection Agency benefit'' means any of the
following:
(A) A permit under a Federal environmental law.
(B) Any type of grant or loan awarded by the
Administrator pursuant to a Federal environmental law.
(C) Any other benefit awarded by the Administrator
pursuant to a Federal environmental law that is
determined by the Administrator of the Environmental
Protection Agency to be appropriate for inclusion under
this Act.
(5) Federal environmental law.--The term ``Federal
environmental law'' includes the following:
(A) The Clean Air Act (42 U.S.C. 7401 et seq.).
(B) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(C) The Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
(D) The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(E) The Toxic Substances Control Act (15 U.S.C.
2601 et seq.).
(6) Key employee.--The term ``key employee'' means a person
employed by an individual or business concern to carry out
supervisory, managerial, or decisionmaking duties.
(7) Person.--The term ``person'' means an individual or a
business concern.
(8) Solid and hazardous waste.--The terms ``solid waste''
and ``hazardous waste'' have the meaning given such terms by
section 1004 of the Solid Waste Disposal Act.
SEC. 5. EFFECTIVE DATE.
This Act shall apply to any person who applies for an Environmental
Protection Agency benefit after the expiration of the six-month period
beginning on the date of the enactment of this Act. | Denies Environmental Protection Agency (EPA) benefits for ten years to any person: (1) convicted of violating a Federal environmental law; or (2) found to have held a beneficial business interest in a business concern required to be listed on a disclosure statement under this Act and convicted of violating a Federal environmental law.
Prohibits the EPA Administrator from denying benefits to any person who demonstrates that he has been rehabilitated.
Requires the following persons to file disclosure statements with the Administrator: (1) Federal environmental permit applicants; (2) applicants for EPA loans, grants, or other benefits; or (3) persons submitting contract bids or competitive proposals to EPA.
Provides for enforcement of this Act through EPA examination of disclosure statements and access to business sites and records.
Grants persons declared to be ineligible for EPA benefits the opportunity for a hearing.
Provides for public access to disclosure statements and business records, with the exception of confidential information. | {"src": "billsum_train", "title": "To disqualify any individual or business concern who violates a Federal environmental law, or who holds a beneficial business interest in a person who has violated such a law, from being eligible to receive certain benefits from the Environmental Protection Agency for a period of 10 years."} | 2,202 | 209 | 0.63704 | 1.871796 | 0.85355 | 2.398936 | 11.25 | 0.888298 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apollo 11 Moon Landing 25th
Anniversary Commemorative Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) One Dollar Silver Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall issue not more
than 500,000 one dollar coins each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) be composed of 90 percent silver and 10 percent
copper.
(2) Design.--The design of the dollar coins shall be
emblematic of America's great achievement 25 years ago when
humans first landed on the Moon. On each coin 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''.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
(c) 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.
The Secretary shall obtain silver for the coins minted under this
Act from stockpiles established under the Strategic and Critical
Minerals Stock Piling Act.
SEC. 4. SELECTION OF DESIGN.
The design for each coin authorized by this Act shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF THE COINS.
(a) Period for Issuance.--The coins minted under this Act may be
issued by the Secretary beginning on July 20, 1994.
(b) Termination of Authority.--Coins may not be minted under this
Act after July 19, 1995.
(c) Use of 1 Mint Facility.--Only 1 facility of the United States
Mint may be used to strike any quality of coin.
(d) Proof and Uncirculated Coins.--The coins minted under this Act
shall be issued in uncirculated and proof qualities.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
Secretary shall sell the coins minted under this Act at a price equal
to the face value, plus the cost of designing and issuing the coins
(including labor, materials, dies, use of machinery, and overhead
expenses).
(b) Bulk Sales.--The Secretary shall make any bulk sales of the
coins minted under this Act at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins minted under this Act prior to the issuance of such coins.
Sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(d) Surcharge.--All sales of coins minted under this Act shall
include a surcharge of $10.00 per coin.
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 Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
The surcharges received by the Secretary from the sale of the coins
issued under this Act shall be promptly paid by the Secretary to the
Aerospace Education Alliance for the purpose of developing and
implementing a program to enhance the math and science skills of
America's teachers in grades kindergarten through grade 8, as part of
the national strategy to improve mathematics and science education.
SEC. 9. AUDITS.
The Comptroller General shall have the right to examine such books,
records, documents, and other data of the Aerospace Education Alliance
as may be related to the expenditure of amounts paid under section 8.
SEC. 10. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not 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 whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Apollo 11 Moon Landing 25th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) issue coins emblematic of humans first landing on the moon 25 years ago; and (2) pay surcharges received from coin sales to the Aerospace Education Alliance to develop and implement a math and science skills program for America's teachers in grades kindergarten through eight. | {"src": "billsum_train", "title": "Apollo 11 Moon Landing 25th Anniversary Commemorative Coin Act"} | 1,161 | 79 | 0.498004 | 1.313195 | 0.247499 | 2.774648 | 14.126761 | 0.887324 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending for Jobs Act
of 2012''.
SEC. 2. FOCUS ON CREDIT AVAILABILITY.
(a) Mission Modification.--
(1) In general.--In addition to the missions of the Federal
banking agencies included in other law, the Federal banking
agencies shall include focusing on--
(A) generally fostering and facilitating credit
availability to customers of insured depository
institutions, so long as that credit is provided in a
safe and sound manner; and
(B) generally assisting insured depository
institutions to provide such credit responsibly, so as
to encourage business development and employment, by
utilizing regulatory policies and procedures that
promote credit availability in a safe and sound manner.
(2) Prohibition.--In carrying out the elements of their
missions added by paragraph (1), the Federal banking agencies
may not require or pressure insured depository institutions,
directly or indirectly, to provide particular kinds of credit
or on particular terms.
(3) Implementation plan.--Not later than the end of the
120-day period beginning on the date of the enactment of this
Act, each Federal banking agency shall issue a report to the
Congress containing an implementation plan that addresses--
(A) how the agency will modify specific rules,
regulations, interpretative opinions, and other
policies of the agency to address the modification of
the agency's mission under paragraph (1);
(B) how and when those modifications will be put
into effect, but in no case later than the end of the
180-day period beginning on the date of the enactment
of this Act; and
(C) how examiners, other agency personnel who have
direct contact with insured depository institutions,
and the supervisors of those agency personnel are to be
trained and evaluated on their individual performance
on implementation of the modified mission.
(4) Reports.--Not later than the end of the 360-day period
beginning on the date of the enactment of this Act, and
annually thereafter, each Federal banking agency shall issue a
report to the Congress on--
(A) a current assessment of the degree to which the
agency's policies foster and facilitate the
availability of credit to customers of insured
depository institutions in a safe and sound manner;
(B) the agency's progress on implementing the
modified mission;
(C) results of ongoing evaluation methods to assess
how the agency and its individual examiners, other
employees who have direct contact with insured
depository institutions, and supervisors of those
personnel have performed in implementing the modified
mission; and
(D) corrective measures the agency will take to
address deficiencies in accomplishing the requirements
described under subparagraphs (A) through (C).
(b) Credit Availability Council.--There is hereby established the
Credit Availability Council, which shall--
(1) consist of the head of each Federal banking agency, or
a designee; and
(2) coordinate the efforts of the Federal banking agencies
in--
(A) fostering and facilitating credit availability
to customers of insured depository institutions, so
long as that credit is provided in a safe and sound
manner; and
(B) assisting insured depository institutions to
provide such credit responsibly, so as to encourage
business development and employment.
(c) Definitions.--For purposes of this section:
(1) Federal banking agency.--The term ``Federal banking
agency'' means--
(A) the Board of Governors of the Federal Reserve
System;
(B) the Bureau of Consumer Financial Protection;
(C) the Federal Deposit Insurance Corporation;
(D) the Office of the Comptroller of the Currency;
and
(E) the National Credit Union Administration.
(2) Insured depository institution.--The term ``insured
depository institution'' means--
(A) an insured depository institution, as such term
is defined under section 3(c)(2) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(c)(2)); and
(B) an insured credit union, as such term is
defined under section 101 of the Federal Credit Union
Act (12 U.S.C. 1752).
SEC. 3. COMMERCIAL REAL ESTATE LOAN LOSS AMORTIZATION.
(a) In General.--For purposes of capital calculation under the
Financial Institutions Examination Council's Consolidated Reports of
Condition and Income, an insured depository institution with assets of
less than $10,000,000,000 may choose to amortize any loss or write-
down, on a quarterly straight-line basis over the 7-year period
beginning with the month in which such loss or write-down occurs,
incurred with respect to--
(1) a loan secured by commercial real estate; or
(2) other real estate owned.
(b) Effective Date.--The provisions of this section shall apply to
capital calculations described under subsection (a) occurring after the
date of the enactment of this Act for losses and write-downs that
occurred--
(1) on or after January 1, 2007; and
(2) before the end of the 2-year period beginning on the
date of the enactment of this Act.
(c) Disclosure on Consolidated Reports of Condition and Income.--
With respect to an insured depository institution choosing to make use
of the amortization provided for under subsection (a), such institution
shall, on the Financial Institutions Examination Council's Consolidated
Reports of Condition and Income, disclose the difference between the
amount of the institution's capital when calculated using such
amortization and when calculated without using such amortization.
(d) Reporting on Prior Losses and Write-downs.--An insured
depository institution that chooses to make use of the amortization
provided for under subsection (a) with respect to losses and write-
downs occurring prior to the date of the enactment of this Act shall do
so by making a one-time adjustment to the institution's Consolidated
Reports of Condition and Income.
(e) Definitions.--For purposes of this section:
(1) Insured depository institution.--The term ``insured
depository institution'' shall have the meaning given such term
under section 3(c)(2) of the Federal Deposit Insurance Act (12
U.S.C. 1813(c)(2)).
(2) Other real estate owned.--The term ``other real estate
owned'' shall have the meaning given such term under section
34.81 of title 12, Code of Federal Regulations.
SEC. 4. INCLUSION OF LOAN LOSS RESERVES IN COMPUTATION OF CAPITAL
RESERVES.
(a) In General.--The appropriate Federal banking agencies shall
issue regulations to permit an insured depository institution to
include all of such institution's allowance for loan and lease losses
when computing such institution's capital for purposes of satisfying
risk-based capital requirements.
(b) Exception for Loss Classification.--Notwithstanding subsection
(a), this section shall not apply to allowances for loans or lease
losses where such loan or lease is classified as a ``loss''.
(c) Rulemaking.--The appropriate Federal banking agencies shall
issue regulations required under this section no later than the end of
the 120-day period beginning on the date of the enactment of this Act.
(d) Report to the Congress.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, each appropriate
Federal banking agency shall issue a report to the Congress on--
(1) the implementation of the provisions of this section;
(2) the impact of the provisions of this section on the
availability of lending; and
(3) the impact of the provisions of this section on the
safety and soundness of insured depository institutions.
(e) Definitions.--For purposes of this section:
(1) Allowance for loan and lease losses.--
(A) In general.--The term ``allowance for loan and
lease losses'' means those general valuation allowances
that have been established through charges against
earnings to absorb losses on loans and lease financing
receivables.
(B) Exclusion.--The term ``allowance for loan and
lease losses'' does not include allocated transfer risk
reserves established pursuant to section 905 of the
International Lending Supervision Act of 1983 (12
U.S.C. 3904) and specific reserves created against
identified losses.
(2) Appropriate federal banking agencies.--The term
``appropriate Federal banking agencies'' shall have the meaning
given such term under section 3(q) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(q)).
(3) Insured depository institution.--The term ``insured
depository institution'' shall have the meaning given such term
under section 3(c)(2) of the Federal Deposit Insurance Act (12
U.S.C. 1813(c)(2)). | Small Business Lending for Jobs Act of 2012 - Directs federal banking agencies to focus upon: (1) facilitating credit availability to customers of insured depository institutions, and (2) using regulatory policies and procedures that promote credit availability in a safe and sound manner in order to assist insured depository institutions to provide such credit and thus encourage business development and employment.
Prohibits federal banking agencies from requiring or pressuring insured depository institutions to provide particular kinds of credit or on particular terms.
Directs each federal banking agency to report to Congress an implementation plan addressing such foci.
Establishes the Credit Availability Council to coordinate federal banking agency efforts in facilitating credit availability to insured depository institution customers.
Authorizes an insured depository institution with assets of less than $10 billion, for purposes of capital calculation under the Financial Institutions Examination Council's Consolidated Reports of Condition and Income, to choose to amortize any loss or write-down, on a quarterly straight-line basis over a seven-year period, which it has incurred with respect to: (1) a loan secured by commercial real estate, or (2) other real estate owned.
Directs the federal banking agencies to promulgate regulations permitting an insured depository institution to include all of its allowance for loan and lease losses when computing capital for purposes of satisfying risk-based capital requirements. | {"src": "billsum_train", "title": "To include focusing on credit availability in the mission of each Federal banking regulator, to provide insured depository institutions with certain amortization authority and authority to include allowances for loan and lease losses when calculating the institution's capital, and for other purposes."} | 1,912 | 280 | 0.636886 | 1.976677 | 0.972264 | 4.286275 | 6.772549 | 0.913725 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia and United
States Territories Circulating Quarter Dollar Program Act''.
SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE DISTRICT OF
COLUMBIA AND EACH OF THE TERRITORIES.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (m) the following new subsection:
``(n) Redesign and Issuance of Circulating Quarter Dollar Honoring
the District of Columbia and Each of the Territories.--
``(1) Redesign in 2009.--
``(A) In general.--Notwithstanding the fourth
sentence of subsection (d)(1) and subsection (d)(2) and
subject to paragraph (6)(B), quarter dollar coins
issued during 2009, shall have designs on the reverse
side selected in accordance with this subsection which
are emblematic of the District of Columbia and the
territories.
``(B) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection (d)(1), the
Secretary may select a design for quarter dollars
issued during 2009 in which--
(i) the inscription described in the second
sentence of subsection (d)(1) appears on the
reverse side of any such quarter dollars; and
(ii) any inscription described in the third
sentence of subsection (d)(1) or the
designation of the value of the coin appears on
the obverse side of any such quarter dollars.
``(2) Single district or territory design.--The design on
the reverse side of each quarter dollar issued during 2009
shall be emblematic of one of the following: The District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
``(3) Selection of design.--
``(A) In general.--Each of the 6 designs required
under this subsection for quarter dollars shall be--
``(i) selected by the Secretary after
consultation with--
``(I) the chief executive of the
District of Columbia or the territory
being honored, or such other officials
or group as the chief executive officer
of the District of Columbia or the
territory may designate for such
purpose; and
``(II) the Commission of Fine Arts;
and
``(ii) reviewed by the Citizens Coinage
Advisory Committee.
``(B) Selection and approval process.--Designs for
quarter dollars may be submitted in accordance with the
design selection and approval process developed by the
Secretary in the sole discretion of the Secretary.
``(C) Participation.--The Secretary may include
participation by District or territorial officials,
artists from the District of Columbia or the territory,
engravers of the United States Mint, and members of the
general public.
``(D) Standards.--Because it is important that the
Nation's coinage and currency bear dignified designs of
which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or
inappropriate design for any quarter dollar minted
under this subsection.
``(E) Prohibition on certain representations.--No
head and shoulders portrait or bust of any person,
living or dead, and no portrait of a living person may
be included in the design of any quarter dollar under
this subsection.
``(4) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
``(5) Issuance.--
``(A) Quality of coins.--The Secretary may mint and
issue such number of quarter dollars of each design
selected under paragraph (4) in uncirculated and proof
qualities as the Secretary determines to be
appropriate.
``(B) Silver coins.--Notwithstanding subsection
(b), the Secretary may mint and issue such number of
quarter dollars of each design selected under paragraph
(4) as the Secretary determines to be appropriate, with
a content of 90 percent silver and 10 percent copper.
``(C) Timing and order of issuance.--Coins minted
under this subsection honoring the District of Columbia
and each of the territories shall be issued in equal
sequential intervals during 2009 in the following
order: the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
``(6) Other provisions.--
``(A) Application in event of admission as a
state.--If the District of Columbia or any territory
becomes a State before the end of the 10-year period
referred to in subsection (l)(1), subsection (l)(7)
shall apply, and this subsection shall not apply, with
respect to such State.
``(B) Application in event of independence.--If any
territory becomes independent or otherwise ceases to be
a territory or possession of the United States before
quarter dollars bearing designs which are emblematic of
such territory are minted pursuant to this subsection,
this subsection shall cease to apply with respect to
such territory.
``(7) Territory defined.--For purposes of this subsection,
the term `territory' means the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.''.
Passed the House of Representatives March 25, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Amends Federal law to provide for the issuance of redesigned quarter dollars in 2009 honoring the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Prohibits such design from bearing the head and shoulders portrait or bust of any person, living or dead, or any portrait of a living person.
Provides for: (1) flexibility of inscription placement; (2) design selection by the Secretary of the Treasury after consultation with the chief executive of the District of Columbia or the Territory, and the Commission of Fine Arts, and review by the Citizens Coinage Advisory Committee; (3) treatment as numismatic items; (4) participation by District or territorial officials, artists from the District of Columbia or Territory, engravers of the United States Mint, and members of the general public; and (5) issuance as silver coins. | {"src": "billsum_train", "title": "To provide for a circulating quarter dollar coin program to honor the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and for other purposes."} | 1,209 | 215 | 0.712714 | 1.820586 | 0.803802 | 5.094241 | 5.732984 | 0.958115 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Metal Theft Prevention Act of
2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``critical infrastructure'' has the meaning
given the term in section 1016(e) of the Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001 (42 U.S.C. 5195c(e));
(2) the term ``specified metal'' means metal that--
(A)(i) is marked with the name, logo, or initials
of a city, county, State, or Federal government entity,
a railroad, an electric, gas, or water company, a
telephone company, a cable company, a retail
establishment, or a public utility; or
(ii) has been altered in such a manner that a
recycling agent would have a reasonable basis to
believe that such alteration was made for the purpose
of removing, concealing, or obliterating a name, logo,
or initials described in clause (i) through burning or
cutting of wire sheathing or other means; or
(B) is part of--
(i) a street light pole or fixture;
(ii) a road or bridge guard rail;
(iii) a highway or street sign;
(iv) a water meter cover;
(v) a storm water grate;
(vi) unused or undamaged building
construction or utility material;
(vii) a historical marker;
(viii) a grave marker or cemetery urn;
(ix) a utility access cover; or
(x) a container used to transport or store
beer with a capacity of 7.75 gallons or more;
(C) is a wire or cable commonly used by
communications and electrical utilities; or
(D) is copper, aluminum, and other metal (including
any metal combined with other materials) that is
valuable for recycling or reuse as raw metal, except
for aluminum cans; and
(3) the term ``recycling agent'' means any person engaged
in the business of purchasing specified metal for reuse or
recycling, without regard to whether that person is engaged in
the business of recycling or otherwise processing the purchased
specified metal for reuse.
SEC. 3. THEFT OF SPECIFIED METAL.
(a) Offense.--It shall be unlawful to steal specified metal--
(1) being used in or affecting interstate or foreign
commerce; and
(2) the theft of which harms critical infrastructure,
including metal used as part of an electrical substation, power
line, cellular tower, telephone land line, highway equipment
and facilities, railroad equipment and facilities, water well,
reservoir, or sewage line.
(b) Penalty.--Any person who commits an offense described in
subsection (a) shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both.
SEC. 4. DOCUMENTATION OF OWNERSHIP OR AUTHORITY TO SELL.
(a) Offenses.--
(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for a recycling agent to purchase specified
metal described in subparagraph (A) or (B) of section 2(2),
unless--
(A) the seller, at the time of the transaction,
provides documentation of ownership of, or other proof
of the authority of the seller to sell, the specified
metal; and
(B) there is a reasonable basis to believe that the
documentation or other proof of authority provided
under subparagraph (A) is valid.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth a requirement on recycling agents to obtain
documentation of ownership or proof of authority to sell
specified metal before purchasing specified metal.
(3) Responsibility of recycling agent.--A recycling agent
is not required to independently verify the validity of the
documentation or other proof of authority described in
paragraph (1).
(4) Purchase of stolen metal.--It shall be unlawful for a
recycling agent to purchase any specified metal that the
recycling agent knows, or has a reasonable basis to believe, to
be stolen.
(b) Civil Penalty.--A person who knowingly violates subsection (a)
shall be subject to a civil penalty of not more than $10,000 for each
violation.
SEC. 5. TRANSACTION REQUIREMENTS.
(a) Recording Requirements.--
(1) In general.--Except as provided in paragraph (2), a
recycling agent shall maintain a written or electronic record
of each purchase of specified metal.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth recording requirements that are substantially
similar to the requirements described in paragraph (3) for the
purchase of specified metal.
(3) Contents.--A record under paragraph (1) shall include--
(A) the name and address of the recycling agent;
and
(B) for each purchase of specified metal--
(i) the date of the transaction;
(ii) a description of the specified metal
purchased using widely used and accepted
industry terminology;
(iii) the amount paid by the recycling
agent;
(iv) the name and address of the person to
which the payment was made;
(v) the name of the person delivering the
specified metal to the recycling agent,
including a distinctive number from a Federal
or State government-issued photo identification
card and a description of the type of the
identification; and
(vi) the license plate number and State-of-
issue, make, and model, if available, of the
vehicle used to deliver the specified metal to
the recycling agent.
(4) Repeat sellers.--A recycling agent may comply with the
requirements of this subsection with respect to a purchase of
specified metal from a person from which the recycling agent
has previously purchased specified metal by--
(A) reference to the existing record relating to
the seller; and
(B) recording any information for the transaction
that is different from the record relating to the
previous purchase from that person.
(5) Record retention period.--A recycling agent shall
maintain any record required under this subsection for not less
than 2 years after the date of the transaction to which the
record relates.
(6) Confidentiality.--
(A) Recycling agents.--A recycling agent cannot be
required to provide any information collected or
retained under this subsection to any person other than
a law enforcement agency with jurisdiction over the
recycling agent, unless acting pursuant a court order.
(B) Other persons.--Any person other than a
recycling agent who receives information collected or
retained under this subsection from a recycling agent
may not provide such information to any person other
than a law enforcement agency with jurisdiction over
the recycling agent, unless acting pursuant a court
order.
(b) Purchases in Excess of $100.--
(1) In general.--Except as provided in paragraph (2), a
recycling agent may not pay cash for a single purchase of
specified metal of more than $100. For purposes of this
paragraph, more than 1 purchase in any 48-hour period from the
same seller shall be considered to be a single purchase.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth a maximum amount for cash payments for the purchase
of specified metal.
(3) Payment method.--
(A) Occasional sellers.--Except as provided in
subparagraph (B), for any purchase of specified metal
of more than $100 a recycling agent shall make payment
by check that--
(i) is payable to the seller; and
(ii) includes the name and address of the
seller.
(B) Established commercial transactions.--A
recycling agent may make payments for a purchase of
specified metal of more than $100 from a governmental
or commercial supplier of specified metal with which
the recycling agent has an established commercial
relationship by electronic funds transfer or other
established commercial transaction payment method
through a commercial bank if the recycling agent
maintains a written record of the payment that
identifies the seller, the amount paid, and the date of
the purchase.
(c) Civil Penalty.--A person who knowingly violates subsection (a)
or (b) shall be subject to a civil penalty of not more than $10,000 for
each violation.
SEC. 6. ENFORCEMENT BY ATTORNEY GENERAL.
The Attorney General may bring an enforcement action in an
appropriate United States district court against any person that
engages in conduct that violates this Act.
SEC. 7. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--An attorney general or equivalent regulator of a
State may bring a civil action in the name of the State, as parens
patriae on behalf of natural persons residing in the State, in any
district court of the United States or other competent court having
jurisdiction over the defendant, to secure monetary or equitable relief
for a violation of this Act.
(b) Notice Required.--Not later than 30 days before the date on
which an action under subsection (a) is filed, the attorney general or
equivalent regulator of the State involved shall provide to the
Attorney General--
(1) written notice of the action; and
(2) a copy of the complaint for the action.
(c) Attorney General Action.--Upon receiving notice under
subsection (b), the Attorney General shall have the right--
(1) to intervene in the action;
(2) upon so intervening, to be heard on all matters arising
therein;
(3) to remove the action to an appropriate district court
of the United States; and
(4) to file petitions for appeal.
(d) Pending Federal Proceedings.--If a civil action has been
instituted by the Attorney General for a violation of this Act, no
State may, during the pendency of the action instituted by the Attorney
General, institute a civil action under this Act against any defendant
named in the complaint in the civil action for any violation alleged in
the complaint.
(e) Construction.--For purposes of bringing a civil action under
subsection (a), nothing in this section regarding notification shall be
construed to prevent the attorney general or equivalent regulator of
the State from exercising any powers conferred under the laws of that
State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
SEC. 8. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission, shall review and, if appropriate,
amend the Federal Sentencing Guidelines and policy statements
applicable to a person convicted of a criminal violation of section 3
of this Act or any other Federal criminal law based on the theft of
specified metal by such person.
(b) Considerations.--In carrying out this section, the Sentencing
Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the--
(A) serious nature of the theft of specified metal;
and
(B) need for an effective deterrent and appropriate
punishment to prevent such theft;
(2) consider the extent to which the guidelines and policy
statements appropriately account for--
(A) the potential and actual harm to the public
from the offense, including any damage to critical
infrastructure;
(B) the amount of loss, or the costs associated
with replacement or repair, attributable to the
offense;
(C) the level of sophistication and planning
involved in the offense; and
(D) whether the offense was intended to or had the
effect of creating a threat to public health or safety,
injury to another person, or death;
(3) account for any additional aggravating or mitigating
circumstances that may justify exceptions to the generally
applicable sentencing ranges;
(4) assure reasonable consistency with other relevant
directives and with other sentencing guidelines and policy
statements; and
(5) assure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing as set
forth in section 3553(a)(2) of title 18, United States Code.
SEC. 9. STATE AND LOCAL LAW NOT PREEMPTED.
Nothing in this Act shall be construed to preempt any State or
local law regulating the sale or purchase of specified metal.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of enactment of
this Act. | Metal Theft Prevention Act of 2012 - Prohibits stealing specified metal being used in or affecting interstate or foreign commerce, the theft of which harms critical infrastructure, including metal used as part of an electrical substation, power line, cellular tower, telephone land line, highway equipment and facilities, railroad equipment and facilities, water well, reservoir, or sewage line. Sets penalties of a fine, 10 years' imprisonment, or both, for violations.
Defines "specified metal" to include metal that is: (1) marked with the name, logo, or initials of a city, county, state, or federal government entity, a railroad, an electric, gas, or water company, a telephone company, a cable company, a retail establishment, or a public utility; (2) part of certain infrastructure items, such as a street light pole, guard rail, storm water grate, or grave marker; (3) a wire or cable commonly used by communications and electrical utilities; or (4) copper, aluminum, and other metal that is valuable for recycling or reuse as raw metal (except for aluminum cans).
Prohibits a recycling agent from purchasing such metal: (1) unless the seller provides documentation of ownership of, or other proof of the authority of the seller to sell, such metal and there is a reasonable basis to believe that the documentation provided is valid (does not require the agent to independently verify such validity); or (2) that the agent knows, or has a reasonable basis to believe, to be stolen. Subjects violators to a civil penalty of up to $10,000 per violation.
Sets forth recycling agent record-keeping and confidentiality requirements. Prohibits a recycling agent from paying cash for a single purchase of such metal of more than $100. Considers more than 1 purchase in any 48-hour period from the same seller to be a single purchase.
Exempts from such documentation requirements or purchase limits any recycling agent that is subject to a state or local law that requires obtaining such documentation or that limits such purchases.
Authorizes specified enforcement actions by the Attorney General and state attorney generals or equivalent state regulators.
Directs the U.S. Sentencing Commission to review and amend the Federal Sentencing Guidelines and policy statements applicable to a person convicted of the theft of such metal. | {"src": "billsum_train", "title": "A bill to prohibit and deter the theft of metal, and for other purposes."} | 2,774 | 501 | 0.639455 | 2.064142 | 0.749075 | 5.660754 | 5.767184 | 0.915743 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Prescription Drug Prices
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Senior citizens are the major consumers of prescription
drugs in the United States and are paying the highest prices
for prescription drugs.
(2) The discriminatory pricing practices of major drug
manufacturers results in senior citizens paying over twice the
price that drug manufacturers charge their most-favored
customers, such as Health Maintenance Organizations (HMOs) and
hospital chains.
(3) Medicare beneficiaries without prescription drug
coverage represent the most vulnerable segment of prescription
drug customers. Making prescription drugs available to them at
lower prices would lower the health care costs for this
population, improve the health and well-being of this
population and consequently, lower the cost to the taxpayers of
the Medicare program.
(4) Authorizing the wholesale purchase of prescription
drugs at the Federal Supply Schedule prices plus administrative
costs will result in a benefit to the Medicare population
without cost to the taxpayers.
(5) Authorizing similar benefits through hospice programs
will assist in extending the benefits of lower prescription
drug prices to those with terminal illnesses.
(b) Purpose.--The purpose of this Act is to protect Medicare
beneficiaries from discriminatory pricing by drug manufacturers and to
make prescription drugs available to Medicare beneficiaries at
substantially reduced prices, by allowing pharmacies to purchase drugs
for Medicare beneficiaries at the substantially reduced price available
under the Federal Supply Schedule.
SEC. 3. PARTICIPATING PHARMACIES.
(a) Agreements To Participate.--Any qualified pharmacy may enter
into an agreement with the Secretary that enables the pharmacy to sell
covered outpatient drugs to Medicare beneficiaries at a reduced price,
by authorizing the pharmacy to operate as a participating pharmacy
under this Act.
(b) Right of Participating Pharmacies To Obtain Drugs.--An
agreement under this section shall entitle the participating pharmacy
to purchase any covered outpatient drug that is listed on the Federal
Supply Schedule of the General Services Administration at the
participating pharmacy discount price for that drug determined under
subsection (d).
(c) Quantity of Drugs Purchased.--An agreement under this section
shall permit the participating pharmacy to purchase under this Act as
much of a covered outpatient drug as is sold by the pharmacy to
Medicare beneficiaries.
(d) Participating Pharmacy Discount Price.--
(1) In general.--The Secretary shall determine a
participating pharmacy discount price for each covered
outpatient drug.
(2) Determination.--The participating pharmacy discount
price for a covered outpatient drug shall be determined by
adding--
(A) the price at which the drug is available to
Federal agencies from the Federal Supply Schedule under
section 8126 of title 38, United States Code; plus
(B) an amount that reflects the administrative
costs incurred by the Secretary in administering this
Act.
(e) Special Rule for Medicare Beneficiaries Enrolled in a Hospice
Program.--In the case of a Medicare beneficiary who makes an election
to receive hospice care under section 1812(d)(1) of the Social Security
Act (42 U.S.C. 1395d(d)(1)) provided by, or under arrangements made by,
a particular hospice program under part A of title XVIII of such Act,
the hospice program may enter into agreements with a participating
pharmacy to procure for and deliver to such a Medicare beneficiary
covered outpatient drugs at a reduced price under this section.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer this Act in a
manner that uses existing methods of obtaining and distributing drugs
to the maximum extent possible, consistent with efficiency and cost
effectiveness.
(b) Regulations.--The Secretary shall issue such regulations as may
be necessary to implement this Act.
SEC. 5. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
report to the Congress regarding the effectiveness of this Act in--
(1) protecting Medicare beneficiaries from discriminatory
pricing by drug manufacturers; and
(2) making prescription drugs available to Medicare
beneficiaries at substantially reduced prices.
(b) Consultation.--In preparing such reports, the Secretary shall
consult with public health experts, affected industries, organizations
representing consumers and older Americans, and other interested
persons.
(c) Recommendations.--The Secretary shall include in such reports
any recommendations they consider appropriate for changes in this Act
to further reduce the cost of covered outpatient drugs to Medicare
beneficiaries.
SEC. 6. DEFINITIONS.
In this Act:
(1) Covered outpatient drug.--The term ``covered outpatient
drug'' has the meaning given that term in section 1927(k)(2) of
the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
(2) Medicare beneficiary.--The term ``Medicare
beneficiary'' means an individual entitled to benefits under
part A of title XVIII of the Social Security Act or enrolled
under part B of such title, or both.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 7. EFFECTIVE DATE.
The Secretary shall implement this Act as expeditiously as
practicable and in a manner consistent with the obligations of the
United States. | Fairness in Prescription Drug Prices Act - Allows any qualified pharmacy to enter into an agreement with the Secretary of Health and Human Services to enable it to sell covered outpatient drugs to Medicare beneficiaries (under title XVIII of the Social Security Act) at a reduced price. Requires such an agreement to: (1) entitle the participating pharmacy to purchase any covered outpatient drug listed on the Federal Supply Schedule of the General Services Administration at the participating pharmacy discount price for that drug; and (2) permit the participating pharmacy to purchase under this Act as much of a covered outpatient drug as it sells to Medicare beneficiaries. Sets forth guidelines for determining the participating pharmacy discount price and a special rule for Medicare beneficiaries enrolled in a hospice program.
Directs the Secretary to: (1) administer this Act in a manner that uses existing methods of obtaining and distributing drugs to the maximum extent possible, consistent with efficiency and cost effectiveness; and (2) report to the Congress annually regarding the effectiveness of this Act in protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers, along with any appropriate legislative recommendations to further reduce the cost of covered outpatient drugs to such beneficiaries. | {"src": "billsum_train", "title": "Fairness in Prescription Drug Prices Act"} | 1,178 | 243 | 0.722998 | 2.090663 | 0.963118 | 5.177778 | 4.724444 | 0.928889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Triple-Negative Breast Cancer
Research and Education Act of 2011''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Breast cancer accounts for 1 in 4 cancer diagnoses
among women in this country.
(2) The survival rate for breast cancer has increased to 90
percent for White women and 78 percent for African-American
women.
(3) African-American women are more likely to be diagnosed
with larger tumors and more advanced stages of breast cancer
despite a lower incidence rate.
(4) Early detection for breast cancer increases survival
rates for breast cancer, as evidenced by a 5-year relative
survival rate of 98 percent for breast cancers that are
discovered before the cancer spreads beyond the breast,
compared to 23 percent for stage IV breast cancers.
(5) Triple-negative breast cancer is a term used to
describe breast cancers whose cells do not have estrogen
receptors and progesterone receptors, and do not have an excess
of the HER2 protein on their sources.
(6) It is estimated that between 10 and 20 percent of
female breast cancer patients are diagnosed with triple-
negative breast cancer, and studies indicate the prevalence of
triple-negative breast cancer is much higher.
(7) Triple-negative breast cancer most commonly affects
African-American women, followed by Hispanic women.
(8) Triple-negative breast cancer is a very aggressive form
of cancer which affects women under the age of 50 across all
racial and socioeconomic backgrounds.
(9) African-American women are 3 times more likely to
develop triple-negative breast cancer than White women.
(10) Triple-negative breast cancer tends to grow and spread
more quickly than most other types of breast cancer.
(11) Like other forms of breast cancer, triple-negative
breast cancer is treated with surgery, radiation therapy, or
chemotherapy.
(12) Early-stage detection of triple-negative breast cancer
is the key to survival because the tumor cells lack certain
receptors, and neither hormone therapy nor drugs that target
these receptors are effective against these cancers; therefore,
early detection and education is vital.
(13) Current research and available data do not provide
adequate information on--
(A) the rates of prevalence and incidence of
triple-negative breast cancer in African-American,
Hispanic, and other minority women;
(B) he costs associated with treating triple-
negative breast cancer; and
(C) the methods by which triple-negative breast
cancer may be prevented or cured in these women.
SEC. 3. RESEARCH WITH RESPECT TO TRIPLE-NEGATIVE BREAST CANCER.
(a) Research.--The Director of the National Institutes of Health
(in this section referred to as the ``Director of NIH'') shall expand,
intensify, and coordinate programs for the conduct and support of
research with respect to triple-negative breast cancer.
(b) Administration.--The Director of NIH shall carry out this
section through the appropriate institutes, offices, and centers of the
National Institutes of Health, including the Eunice Kennedy Shriver
National Institute of Child Health and Human Development, the National
Institute of Environmental Health Sciences, the Office of Research on
Women's Health, and the National Institute on Minority Health and
Health Disparities.
(c) Coordination of Activities.--The Director of the Office of
Research on Women's Health shall coordinate activities under this
section among the institutes, offices, and centers of the National
Institutes of Health.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $500,000 for
each of the fiscal years 2013 through 2015.
SEC. 4. EDUCATION AND DISSEMINATION OF INFORMATION WITH RESPECT TO
TRIPLE-NEGATIVE BREAST CANCER.
(a) Triple-Negative Breast Cancer Public Education Program.--The
Secretary of Health and Human Services, acting through the Director of
the Centers for Disease Control and Prevention, shall develop and
disseminate to the public information regarding triple-negative breast
cancer, including information on--
(1) the incidence and prevalence of triple-negative breast
cancer among women;
(2) the elevated risk for minority women to develop triple-
negative breast cancer; and
(3) the availability, as medically appropriate, of a range
of treatment options for symptomatic triple-negative breast
cancer.
(b) Dissemination of Information.--The Secretary may disseminate
information under subsection (a) directly or through arrangements with
nonprofit organizations, consumer groups, institutions of higher
education, Federal, State, or local agencies, or the media.
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2013 through 2015.
SEC. 5. INFORMATION TO HEALTH CARE PROVIDERS WITH RESPECT TO TRIPLE-
NEGATIVE BREAST CANCER.
(a) Dissemination of Information.--The Secretary of Health and
Human Services, acting through the Administrator of the Health
Resources and Services Administration, shall develop and disseminate to
health care providers information on triple-negative breast cancer for
the purpose of ensuring that health care providers remain informed
about current information on triple-negative breast cancer. Such
information shall include the elevated risk for minority women to
develop triple-negative breast cancer and the range of available
options for the treatment of symptomatic triple-negative breast cancer.
(b) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2013 through 2017.
SEC. 6. DEFINITION.
In this Act, the term ``minority women'' means women who are
members of a racial and ethnic minority group, as defined in section
1707(g) of the Public Health Service Act (42 U.S.C. 300u-6(g)). | Triple-Negative Breast Cancer Research and Education Act of 2011 [sic] - Requires the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of research on triple-negative breast cancer (breast cancers whose cells are negative for estrogen receptors, progesterone receptors, and the HER2 protein on their sources).
Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information regarding triple-negative breast cancer, including information on: (1) the incidence and prevalence of such breast cancer among women, (2) the elevated risk for minority women, and (3) the availability of a range of treatment options.
Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to develop and disseminate information on triple-negative breast cancer to health care providers. | {"src": "billsum_train", "title": "To provide for research and education with respect to triple-negative breast cancer, and for other purposes."} | 1,306 | 220 | 0.621093 | 1.815273 | 0.600304 | 4.807292 | 6.28125 | 0.953125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National White Collar Crime Control
Act of 2017''.
SEC. 2. PREVENTION, INVESTIGATION, AND PROSECUTION OF ECONOMIC, HIGH
TECHNOLOGY, INTERNET, AND OTHER WHITE COLLAR CRIME.
Section 401 of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (42 U.S.C. 3713a) is amended by
striking subsection (b) and inserting the following:
``(b) Grants.--
``(1) Authorization.--The Director of the Bureau of Justice
Assistance is authorized to enter into a cooperative agreement
with or make a grant to an eligible entity for the purpose of
improving the identification, investigation, and prosecution of
white collar crime (including each category of such crimes set
forth in subparagraphs (A) through (C) of paragraph (2)) by
providing comprehensive, direct, and practical training and
technical assistance to law enforcement officers,
investigators, auditors and prosecutors in States and units of
local government.
``(2) White collar crime defined.--For purposes of this
subsection, the term `white collar crime' includes--
``(A) high-tech crime, including cyber and
electronic crime and related threats;
``(B) economic crime, including financial fraud and
mortgage fraud; and
``(C) Internet-based crime against children and
child pornography.
``(3) Purposes.--The purposes of this subsection include
the following:
``(A) To ensure that training is available for
State, local, tribal and territorial law enforcement
agencies and officers nationwide to support local
efforts to identify, prevent, investigate, and
prosecute cyber and financial crimes, including those
crimes facilitated via computer networks and other
electronic means, and crimes involving financial and
economic impacts such as intellectual property crimes.
``(B) To deliver training to State, local, tribal,
and territorial law enforcement officers, and other
criminal justice professionals concerning the use of
proven methodologies to--
``(i) prevent, detect, and respond to white
collar crimes;
``(ii) recognize emerging issues;
``(iii) manage electronic and financial
crime evidence; and
``(iv) improve local criminal justice
agency responses to such threats.
``(C) To provide operational and technical
assistance and training concerning tools, products,
resources, guidelines, and procedures to--
``(i) aid and enhance criminal intelligence
analysis; and
``(ii) conduct white collar crime
investigations and related justice information
sharing at the local and State levels.
``(D) To provide appropriate training on
protections for privacy, civil rights, and civil
liberties in the conduct of criminal intelligence
analysis and cyber and electronic crime and financial
crime investigations, including in the development of
policies, guidelines, and procedures by State, local,
tribal, and territorial law enforcement agencies to
protect and enhance privacy, civil rights, and civil
liberties protections and identify weaknesses and gaps
in the protection of privacy, civil rights, and civil
liberties.
``(4) Authorized programs.--A grant or cooperative
agreement awarded under this subsection may be made only for
the following programs, with respect to the prevention,
investigation, and prosecution of certain criminal activities:
``(A) Programs to provide a nationwide support
system for State and local criminal justice agencies.
``(B) Programs to assist State and local criminal
justice agencies to develop, establish, and maintain
intelligence-focused policing strategies and related
information sharing.
``(C) Programs to provide training and
investigative support services to State and local
criminal justice agencies to provide such agencies with
skills and resources needed to investigate and
prosecute white collar criminal activities and related
criminal activities.
``(D) Programs to provide research support, to
establish partnerships, and to provide other resources
to aid State and local criminal justice agencies to
prevent, investigate, and prosecute white collar
criminal activities and related problems.
``(E) Programs to provide information and research
to the general public to facilitate the prevention of
white collar criminal activities.
``(F) Programs to establish or support national
training and research centers regionally to provide
training and research services for State and local
criminal justice agencies.
``(G) Programs to provide training and oversight to
State and local criminal justice agencies to develop
and comply with applicable privacy, civil rights, and
civil liberties related policies, procedures, rules,
laws, and guidelines.
``(H) Any other programs specified by the Attorney
General as furthering the purposes of this subsection.
``(5) Application.--To be eligible for an award of a grant
or cooperative agreement under this subsection, an entity shall
submit to the Director of the Bureau of Justice Assistance an
application in such form and manner, and containing such
information, as required by the Director of the Bureau of
Justice Assistance.
``(6) Eligibility.--States, units of local government, not-
for-profit entities, and institutions of higher education with
demonstrated capacity and experience in delivering training,
technical assistance and other resources including direct,
practical laboratory training to law enforcement officers,
investigators, auditors and prosecutors in States and units of
local government and over the Internet shall be eligible to
receive an award under this subsection.
``(7) Rules and regulations.--The Director of the Bureau of
Justice Assistance shall promulgate such rules and regulations
as are necessary to carry out this subsection, including rules
and regulations for submitting and reviewing applications under
paragraph (5).
``(8) Authorization of appropriations.--There are
authorized to be appropriated $13,000,000 for each of fiscal
years 2018 through 2022 to carry out this subsection.
``(c) Accountability.--All grants awarded by the Director of the
Bureau of Justice Assistance under this section shall be subject to the
following accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months from the date when the final audit report is
issued.
``(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this
subsection, and in each fiscal year thereafter, the
Inspector General of the Department of Justice shall
conduct audits of recipients of grants under this
section to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this section that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this section during the first
2 fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this
section, the Director of the Bureau of Justice
Assistance shall give priority to eligible applicants
that did not have an unresolved audit finding during
the 3 fiscal years before submitting an application for
a grant under this section.
``(E) Reimbursement.--If an entity is awarded grant
funds under this section during the 2-fiscal-year
period during which the entity is barred from receiving
grants under subparagraph (C), the Director of the
Bureau of Justice Assistance shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph
and the grant programs under this part, the term
`nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section
501(a) of such Code.
``(B) Prohibition.--The Director of the Bureau of
Justice Assistance may not award a grant under this
section to a nonprofit organization that holds money in
offshore accounts for the purpose of avoiding paying
the tax described in section 511(a) of the Internal
Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that
is awarded a grant under this section and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees, and
key employees, shall disclose to the Director of the
Bureau of Justice Assistance, in the application for
the grant, the process for determining such
compensation, including the independent persons
involved in reviewing and approving such compensation,
the comparability data used, and contemporaneous
substantiation of the deliberation and decision. Upon
request, the Director of the Bureau of Justice
Assistance shall make the information disclosed under
this subparagraph available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by
the Attorney General, or by any individual or entity
awarded discretionary funds through a cooperative
agreement under this section, to host or support any
expenditure for conferences that uses more than $20,000
in funds made available by the Department of Justice,
unless the head of the relevant agency or department
provides prior written authorization that the funds may
be expended to host the conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification--
``(A) indicating whether--
``(i) all audits issued by the Office of
the Inspector General under paragraph (1) have
been completed and reviewed by the appropriate
Assistant Attorney General or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(d) Preventing Duplicative Grants.--
``(1) In general.--Before the Director of the Bureau of
Justice Assistance awards a grant to an applicant under this
section, the Director of the Bureau of Justice Assistance shall
compare potential grant awards with other grants awarded under
this section to determine if duplicate grant awards are awarded
for the same purpose.
``(2) Report.--If the Director of the Bureau of Justice
Assistance awards duplicate grants to the same applicant for
the same purpose the Director of the Bureau of Justice
Assistance shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report that includes--
``(A) a list of all duplicate grants awarded,
including the total dollar amount of any duplicate
grants awarded; and
``(B) the reason the Director of the Bureau of
Justice Assistance awarded the duplicate grants.''. | National White Collar Crime Control Act of 2017 This bill amends the Prioritizing Resources and Organization for Intellectual Property Act of 2008 to authorize the Department of Justice's Bureau of Justice Assistance to enter into a cooperative agreement or make a grant for training and technical assistance to help law enforcement officers, investigators, auditors, and prosecutors identify, investigate, and prosecute white collar crime. White collar crime includes high-tech crime, economic crime, and Internet-based crime against children and child pornography. | {"src": "billsum_train", "title": "National White Collar Crime Control Act of 2017"} | 2,604 | 107 | 0.667638 | 1.767959 | 1.496337 | 4 | 26.698925 | 0.946237 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Terrorism Prevention Act of
2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Convention on the Physical Protection of
Nuclear Material'' means the Convention on the Physical
Protection of Nuclear Material, signed at New York and Vienna
March 3, 1980.
(2) The term ``design-basis threat'' means a profile of the
type, composition, and capabilities of an adversary.
(3) The term ``formula quantities of strategic special
nuclear material'' means uranium-235 (contained in uranium
enriched to 20 percent or more in the U-235 isotope), uranium-
233, or plutonium in any combination in a total quantity of
5,000 grams or more computed by the formula, grams = (grams
contained U-235) + 2.5 (grams U-233 + grams plutonium), as set
forth in the definitions of ``formula quantities'' and
``strategic special nuclear material'' in section 73.2 of title
10, Code of Federal Regulations.
(4) The term ``Nuclear Non-Proliferation Treaty'' means the
Treaty on the Non-Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968, and entered into
force March 5, 1970 (21 UST 483).
(5) The term ``nuclear weapon'' means any device utilizing
atomic energy, exclusive of the means for transporting or
propelling the device (where such means is a separable and
divisible part of the device), the principal purpose of which
is for use as, or for the development of, a weapon, a weapon
prototype, or a weapon test device.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The possibility that terrorists may acquire and use a
nuclear weapon against the United States is an urgent threat to
the security of our nation and the world.
(2) Existing programs intended to secure, monitor, and
reduce nuclear stockpiles, redirect nuclear scientists, and
interdict nuclear smuggling have made substantial progress, but
additional efforts are needed to reduce the threat of nuclear
terrorism as much as possible.
(3) The September 2006 ``National Strategy for Combating
Terrorism'' issued by the White House states, ``Weapons of mass
destruction in the hands of terrorists is one of the gravest
threats we face.''
(4) United Nations Secretary-General Kofi Annan has said
that a nuclear terror attack ``would not only cause widespread
death and destruction, but would stagger the world economy and
thrust tens of millions of people into dire poverty''.
(5) United Nations Security Council Resolution 1540 (2004)
reaffirms the need to combat by all means, in accordance with
the Charter of the United Nations, threats to international
peace and security caused by terrorist acts and directs that
all countries, in accordance with their national procedures,
shall adopt and enforce effective laws that prohibit any non-
state actor from manufacturing, acquiring, possessing,
developing, transporting, transferring, or using nuclear,
chemical, or biological weapons and their means of delivery, in
particular for terrorist purposes, and to prohibit attempts to
engage in any of the foregoing activities, participate in them
as an accomplice, or assist or finance them.
(6) The Director General of the International Atomic Energy
Agency, Dr. Mohammed El Baradei, has said that it is a ``race
against time'' to prevent a terrorist attack using a nuclear
weapon.
SEC. 4. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR TERRORISM.
It is the sense of Congress that--
(1) the threat of nuclear terror is the most horrific
threat the United States faces;
(2) the United States must take a comprehensive approach to
reducing this danger, including additional efforts to identify
and eliminate terrorist groups that aim to acquire nuclear
weapons, to ensure that nuclear weapons and formula quantities
of strategic special nuclear material around the world are
secure and accounted for to a degree sufficient to defeat the
threat that terrorists and criminals have shown they can pose,
and to increase the ability to find and stop terrorist efforts
to manufacture nuclear explosives or to transport nuclear
explosives and materials anywhere in the world;
(3) within such a comprehensive strategy, a high priority
must be placed on ensuring that all nuclear weapons and formula
quantities of strategic special nuclear material worldwide are
secure and accounted for;
(4) the President should make the prevention of a nuclear
terrorist attack on the United States of the highest priority;
(5) the President should accelerate programs, requesting
additional funding as appropriate, to prevent nuclear
terrorism, including combating nuclear smuggling and securing
formula quantities of strategic special nuclear material
wherever they may be;
(6) the International Atomic Energy Agency plays a vital
role in coordinating international efforts to protect nuclear
materials and combat nuclear smuggling and should be funded
appropriately to fulfill that role; and
(7) legislation sponsored by Senator Richard Lugar, Senator
Pete Domenici, and former Senator Sam Nunn has resulted in
groundbreaking programs to ensure that nuclear weapons do not
fall into the hands of terrorists.
SEC. 5. SENIOR ADVISOR TO THE PRESIDENT FOR THE PREVENTION OF NUCLEAR
TERRORISM.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by inserting after section 101A the
following new section:
``senior advisor to the president for the prevention of nuclear
terrorism
``Sec. 101B. (a) In General.--There is a Senior Advisor to the
President for the Prevention of Nuclear Terrorism, who shall be
appointed by the President by and with the advice and consent of the
Senate.
``(b) Duties.--The Senior Advisor to the President shall--
``(1) advise the President on all matters relating to
nuclear terrorism;
``(2) formulate United States policies for preventing
nuclear terrorism, including by--
``(A) developing plans, including measurable
milestones and targets to which departments and
agencies can be held accountable, to better prevent
nuclear terrorism;
``(B) finding and fixing gaps, duplication, and
inefficiencies in existing programs and taking other
steps to overcome obstacles to accelerated progress to
prevent nuclear terrorism;
``(C) overseeing the development, by the relevant
Federal departments and agencies, of accelerated and
strengthened program implementation strategies and
diplomatic strategies;
``(D) overseeing the development of budget requests
for these programs and ensuring that they adequately
reflect the priority of the problem; and
``(E) identifying such new initiatives as may be
needed; and
``(3) coordinate United States efforts to implement such
policies.
``(c) Staff.--The Senior Advisor to the President may appoint and
terminate such personnel as may be necessary to enable the Senior
Advisor to perform his or her duties.''.
(b) Senior Advisor as Member of National Security Council.--Section
101(a) of such Act (50 U.S.C. 402(a)) is amended--
(1) in paragraph (6), by striking ``and'';
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) the Senior Advisor to the President for the
Prevention of Nuclear Terrorism; and''.
(c) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
101A the following new item:
``Sec. 101B. Senior Advisor to the President for the Prevention of
Nuclear Terrorism.''.
SEC. 6. ANNUAL REPORT.
(a) In General.--Not later than September 1 of each year, the
President, in consultation with the Senior Advisor to the President for
the Prevention of Nuclear Terrorism, shall submit to Congress a report
on the security of formula quantities of strategic special nuclear
material.
(b) Content.--The report required under subsection (a) shall
include the following:
(1) A section on the program for the removal and security
of nuclear weapons, formula quantities of strategic special
nuclear materials, and radiological materials established under
section 3132(b) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(b))
including--
(A) a survey by the Senior Advisor to the President
of the facilities and sites worldwide that contain
nuclear weapons, formula quantities of strategic
special nuclear material, radiological materials, or
related equipment;
(B) a list of sites determined by the Senior
Advisor to the President to be of the highest priority,
taking into account risk of theft from such sites, for
removal or security of proliferation-attractive fissile
materials, nuclear weapons, formula quantities of
strategic special nuclear material, radiological
materials, or related equipment, organized by level of
priority;
(C) a plan, including technical, diplomatic, and
other means for the securing or removal of nuclear
weapons, formula quantities of strategic special
nuclear material, radiological materials, and related
equipment at vulnerable facilities and sites worldwide,
including measurable milestones, metrics, and estimated
costs for the implementation of the plan; and
(D) a description of the efforts of the governments
of such countries to secure such material.
(2) A section on efforts to establish and implement the
security standard and related policies described under section
7.
(c) Form.--The report may be submitted in classified form but shall
include a detailed unclassified summary.
SEC. 7. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND FORMULA
QUANTITIES OF STRATEGIC SPECIAL NUCLEAR MATERIALS.
(a) Policy.--It is the policy of the United States to take all
possible steps to ensure, as rapidly as possible, that all nuclear
weapons and formula quantities of strategic special nuclear materials
are secure and accounted for.
(b) International Nuclear Security Standard.--In furtherance of the
policy described in subsection (a), and consistent with the requirement
for ``appropriate effective'' physical protection contained in United
Nations Security Council Resolution 1540 (2004), as well as the Nuclear
Non-Proliferation Treaty and the Convention on the Physical Protection
of Nuclear Material, the President, acting through the Senior Advisor
to the President for the Prevention of Nuclear Terrorism, shall seek
the broadest possible international agreement on a global standard for
nuclear security that--
(1) ensures that nuclear weapons and formula quantities of
strategic special nuclear material are effectively protected
against the threats posed by terrorists and criminals;
(2) takes into account the limitations of equipment and
human performance; and
(3) is verifiable, providing confidence that the needed
measures have in fact been implemented.
(c) International Efforts.--In furtherance of the policy described
in subsection (a), the President, acting through the Senior Advisor to
the President for the Prevention of Nuclear Terrorism, shall--
(1) work with other countries and the International Atomic
Energy Agency to assist, and if necessary convince, the
governments all countries where nuclear weapons or formula
quantities of strategic special nuclear material exist to
ensure that security is upgraded to meet the standard described
in subsection (b) as rapidly as possible and in such a manner
that these measures are sustained after United States and other
international assistance ends;
(2) ensure that United States financial and technical
assistance is available to countries where the provision of
such assistance would accelerate the implementation of, or
improve the effectiveness of, such security upgrades; and
(3) seek to work with the governments of other countries to
ensure that effective nuclear security rules, accompanied by
effective regulation and enforcement, are put in place
concerning all nuclear weapons and formula quantities of
strategic special nuclear materials worldwide, including the
implementation of a regulatory design-basis threat (DBT) model
in countries with nuclear weapons or formula quantities of
strategic special nuclear materials that is designed to defeat
the threats posed by terrorists and criminals.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Energy
for fiscal year 2008, $50,000,000--
(1) to increase international participation in efforts to
convert nuclear facilities that operate using highly enriched
uranium to operation using low enriched uranium; and
(2) to remove highly enriched uranium from such facilities. | Nuclear Terrorism Prevention Act of 2006 - Expresses the sense of Congress with respect to recognition of the threat to the United States of nuclear terrorism, as well as appropriate steps to be taken to prevent such terrorism.
Amends the National Security Act of 1947 to establish a Senior Advisor to the President for the Prevention of Nuclear Terrorism.
Requires an annual report from the President to Congress on the security of formula quantities of strategic special nuclear material.
States as the policy of the United States that all possible steps be taken as rapidly as possible to ensure that all nuclear weapons and formula quantities of strategic special nuclear materials are secure and accounted for. Directs the President to seek an international agreement on a global standard that implements such policy. | {"src": "billsum_train", "title": "To prevent nuclear terrorism, and for other purposes."} | 2,726 | 160 | 0.511913 | 1.32186 | 0.78129 | 3.765957 | 18.134752 | 0.943262 |
SECTION 1. SHORT TITLE AND FINDINGS.
(a) Short Title.--This Act may be cited as the ``Federal Land
Restoration, Enhancement, Public Education, and Information Resources
Act'' or the ``Federal Land REPAIR Act''.
(b) Findings.--Congress finds that--
(1) violations of laws (including regulations) applicable
to the use of Federal land under the jurisdiction of the
Secretary of the Interior or the Secretary of Agriculture often
result in damages to the Federal land that require expenditures
for restoration activities to mitigate the damages;
(2) increased public information and education regarding
the laws (including regulations) applicable to the use of the
Federal land can help to reduce the frequency of unintentional
violations; and
(3) it is appropriate that fines and other monetary
penalties paid as a result of violations of laws (including
regulations) applicable to the use of Federal land be used to
defray the costs of the restoration activities and to provide
public information and education.
SEC. 2. USE OF FINES FROM VIOLATIONS OF LAWS AND REGULATIONS APPLICABLE
TO PUBLIC LAND FOR RESTORATION AND INFORMATIONAL
ACTIVITIES.
(a) Land Under Jurisdiction of Bureau of Land Management.--Section
305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1735) is amended by adding at the end the following:
``(d) Use of Collected Fines.--
``(1) Availability and authorized use.--Any amounts
received by the United States as a result of a fine imposed
under section 3571 of title 18, United States Code, for a
violation of a regulation prescribed under section 303(a) shall
be available to the Secretary, without further appropriation
and until expended--
``(A) to cover the cost to the United States of any
improvement, protection, or rehabilitation work on
public land rendered necessary by the action that led
to the fine or by similar actions; and
``(B) to increase public awareness of regulations
and other requirements regarding the use of public
land.
``(2) Treatment of excess funds.--Amounts referred to in
paragraph (1) that the Secretary determines are in excess of
the amounts necessary to carry out the purposes specified in
that paragraph shall be transferred to the Crime Victims Fund
established by section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601).''.
(b) National Park System Lands.--Section 3 of the National Park
Service Organic Act (16 U.S.C. 3), is amended--
(1) by striking ``That the Secretary'' the first place it
appears and inserting ``(a) Regulations for Use and Management
of National Park System; Enforcement.--The Secretary'';
(2) by striking ``He may also'' the first place it appears
and inserting the following:
``(b) Special Management Authorities.--
``(1) In general.--The Secretary of the Interior may'';
(3) by striking ``He may also'' the second place it appears
and inserting the following:
``(2) Detrimental animals and plants.--The Secretary
may;''.
(4) by striking ``No natural,'' and inserting the
following:
``(c) Lease and Permit Authorities.--No natural''; and
(5) by adding at the end the following:
``(d) Use of Collected Fines.--
``(1) Availability and authorized use.--Any amounts
received by the United States as a result of a fine imposed
under section 3571 of title 18, United States Code, for a
violation of a rule or regulation prescribed under this section
shall be available to the Secretary of the Interior, without
further appropriation and until expended--
``(A) to cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
National Park System land rendered necessary by the
action that led to the fine or by similar actions; and
``(B) to increase public awareness of rules,
regulations, and other requirements regarding the use
of National Park System land.
``(2) Treatment of excess funds.--Amounts referred to in
paragraph (1) that the Secretary determines are in excess of
the amounts necessary to carry out the purposes specified in
that paragraph shall be transferred to the Crime Victims Fund
established by section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601).''.
(c) National Wildlife Refuge System Lands.--Section 4(f) of the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(f)) is amended by adding at the end the following:
``(3) Use of collected fines.--Any amounts received by the
United States as a result of a fine imposed under section 3571
of title 18, United States Code, for a violation of this Act
(including a regulation issued under this Act) shall be
available to the Secretary, without further appropriation and
until expended--
``(A) to cover the cost to the United States of any
improvement, protection, or rehabilitation work on
System land rendered necessary by the action that led
to the fine or by similar actions; and
``(B) to increase public awareness of rules,
regulations, and other requirements regarding the use
of System land.
``(4) Treatment of excess funds.--Amounts referred to in
paragraph (3) that the Secretary determines are in excess of
the amounts necessary to carry out the purposes specified in
that paragraph shall be transferred to the Crime Victims Fund
established by section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601).''.
(d) National Forest System Land.--The eleventh undesignated
paragraph under the heading ``surveying the public lands'' of the Act
of June 4, 1897 (16 U.S.C. 551), is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``SEC. 3. PROTECTION OF NATIONAL FOREST SYSTEM LAND; REGULATIONS.
``(a) Regulations for Use and Protection of National Forest
System.--
``(1) In general.--The Secretary'';
(2) by striking ``continued; and he may'' and inserting the
following: ``continued.
``(2) Regulations.--The Secretary may'';
(3) by striking ``destruction; and any violation'' and
inserting the following: ``destruction.
``(b) Violations; Penalties.--
``(1) In general.--Any violation'';
(4) by striking ``Any person'' and inserting the following:
``(2) Magistrate judge.--Any person'';
(5) by adding at the end the following:
``(c) Use of Collected Fines.--
``(1) Availability and authorized use.--Any amounts
received by the United States as a result of a collateral
payment in lieu of appearance or a fine imposed under section
3571 of title 18, United States Code, for a violation of a
regulation issued under subsection (a) shall be available to
the Secretary of Agriculture, without further appropriation and
until expended--
``(A) to cover the cost to the United States of any
improvement, protection, or rehabilitation work on
National Forest System land rendered necessary by the
action that led to the fine or payment; and
``(B) to increase public awareness of rules,
regulations, and other requirements regarding the use
of National Forest System land.
``(2) Treatment of excess funds.--Amounts referred to in
paragraph (1) that the Secretary of Agriculture determines are
in excess of the amounts necessary to carry out the purposes
specified in that paragraph shall be transferred to the Crime
Victims Fund established by section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601).''; and
(6) by moving section 3 (as designated by paragraph (1)) so
as to appear at the end of that Act. | Federal Land Restoration, Enhancement, Public Education, and Information Resources Act or Federal Land REPAIR Act - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and federal law relating to National Forest System lands to make available for certain restoration and public informational activities on federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture any amounts received from fines or any amounts received from collateral payments in lieu of appearance for violations of rules and regulations applicable to such land. Transfers any excess funds to the Crime Victims Fund established under the Victims of Crime Act of 1984. | {"src": "billsum_train", "title": "A bill to provide a source of funds to carry out restoration activities on Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, and for other purposes."} | 1,800 | 145 | 0.581015 | 1.705451 | 0.622319 | 4.286822 | 12.596899 | 0.922481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Madera Water Supply Enhancement
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) District.--The term ``District'' means the Madera
Irrigation District, Madera, California.
(2) Project.--The term ``Project'' means the Madera Water
Supply Enhancement Project, a groundwater bank on the 13,646-
acre Madera Ranch in Madera, California, owned, operated,
maintained, and managed by the District that will plan, design,
and construct recharge, recovery, and delivery systems able to
store up to 250,000 acre-feet of water and recover up to 55,000
acre-feet of water per year, as substantially described in the
California Environmental Quality Act, Final Environmental
Impact Report for the Madera Irrigation District Water Supply
Enhancement Project, September 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the United States Department of the Interior.
(4) Total cost.--The term ``total cost''means all
reasonable costs, such as the planning, design, permitting, and
construction of the Project and the acquisition costs of lands
used or acquired by the District for the Project.
SEC. 3. PROJECT FEASIBILITY.
(a) Project Feasible.--Pursuant to the Reclamation Act of 1902 (32
Stat. 388) and Acts amendatory thereof and supplemental thereto, the
Project is feasible and no further studies or actions regarding
feasibility are necessary.
(b) Applicability of Other Laws.--The Secretary shall implement the
authority provided in this Act in accordance with all applicable
Federal laws, including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (7
U.S.C. 136; 16 U.S.C. 460 et seq.).
SEC. 4. COOPERATIVE AGREEMENT.
All final planning and design and the construction of the Project
authorized by this Act shall be undertaken in accordance with a
cooperative agreement between the Secretary and the District for the
Project. Such cooperative agreement shall set forth in a manner
acceptable to the Secretary and the District the responsibilities of
the District for participating, which shall include--
(1) engineering and design;
(2) construction; and
(3) the administration of contracts pertaining to any of
the foregoing.
SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT
PROJECT.
(a) Authorization of Construction.--The Secretary, acting pursuant
to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388),
and Acts amendatory thereof or supplementary thereto, is authorized to
enter into a cooperative agreement through the Bureau of Reclamation
with the District for the support of the final design and construction
of the Project.
(b) Total Cost.--The total cost of the Project for the purposes of
determining the Federal cost share shall not exceed $90,000,000.
(c) Cost Share.--The Federal share of the capital costs of the
Project shall not exceed 25 percent of the total cost. Capital,
planning, design, permitting, construction, and land acquisition costs
incurred by the District prior to the date of the enactment of this Act
shall be considered a portion of the non-Federal cost share.
(d) Credit for Non-Federal Work.--The District shall receive credit
toward the non-Federal share of the cost of the Project for--
(1) in-kind services that the Secretary determines would
contribute substantially toward the completion of the project;
(2) reasonable costs incurred by the District as a result
of participation in the planning, design, permitting, and
construction of the Project; and
(3) the acquisition costs of lands used or acquired by the
District for the Project.
(e) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of the Project authorized by this section. The
operation, ownership, and maintenance of the Project shall be the sole
responsibility of the District.
(f) Plans and Analyses Consistent With Federal Law.--Before
obligating funds for design or construction under this section, the
Secretary shall work cooperatively with the District to use, to the
extent possible, plans, designs, and engineering and environmental
analyses that have already been prepared by the District for the
Project. The Secretary shall ensure that such information as is used is
consistent with applicable Federal laws and regulations.
(g) Title; Responsibility; Liability.--Nothing in this section or
the assistance provided under this section shall be construed to
transfer title, responsibility, or liability related to the Project to
the United States.
(h) Authorization of Appropriation.--There is authorized to be
appropriated to the Secretary to carry out this Act $22,500,000 or 25
percent of the total cost of the Project, whichever is less.
SEC. 6. SUNSET.
The authority of the Secretary to carry out any provisions of this
Act shall terminate 10 years after the date of the enactment of this
Act. | Madera Water Supply Enhancement Act - Declares that the Madera Water Supply Enhancement Project, California, is feasible and that no further studies or actions regarding feasibility are necessary.
Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary of the Interior and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits: (1) the total cost of the Project for purposes of determining the federal share; and (2) the federal share of Project capital costs.
Considers capital, planning, design, permitting, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share. Requires the District to receive credit toward the nonfederal share for: (1) in-kind services that the Secretary determines would contribute substantially toward completion of the Project; (2) reasonable costs incurred from participation in the planning, design, permitting, and construction of the Project; and (3) the acquisition costs of lands used or acquired for the Project.
Prohibits the Secretary from providing funds for operation or maintenance. Makes Project operation, ownership, and maintenance the sole responsibility of the District. Directs the Secretary, before obligating funds, to work cooperatively with the District to use plans, designs, and engineering and environmental analyses that have already been prepared by the District. Authorizes appropriations. Terminates the Secretary's authority to carry out this Act 10 years after its enactment. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior, acting through the Bureau of Reclamation to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply Enhancement Project."} | 1,154 | 338 | 0.64551 | 1.896121 | 0.831727 | 4.767677 | 3.387205 | 0.922559 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursery and Tropical Fruit Producer
Hurricane Relief Act''.
SEC. 2. CROP DISASTER ASSISTANCE FOR NURSERY CROP AND TROPICAL FRUIT
PRODUCERS.
(a) Emergency Financial Assistance.--Notwithstanding section
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the
Secretary of Agriculture shall use such sums as are necessary of funds
of the Commodity Credit Corporation to make emergency financial
assistance available to--
(1) commercial ornamental nursery and fernery producers in
a disaster county for eligible inventory losses due to
Hurricane Dennis, Hurricane Katrina, or Hurricane Rita; and
(2) tropical fruit producers in a disaster county who have
suffered a loss of 35 percent or more relative to their
expected production, as defined in part 1480.3 of title 7, Code
of Federal Regulations, due to Hurricane Dennis, Hurricane
Katrina, or Hurricane Rita.
(b) Administration.--
(1) Determination of commercial operations.--For a nursery
or fernery producer to be considered a commercial operation for
purposes of subsection (a)(1) or (d)(1), the producer must be
registered in the State in which the producer conducts
business.
(2) Determination of eligible inventory.--For purposes of
subsection (a)(1), eligible nursery and fernery inventory
includes foliage, floriculture, and woody ornamental crops,
including stock used for propagation, and fruit or nut
seedlings grown for sale as seed stock for commercial orchard
operations growing fruit or nuts. Eligible inventory does not
include edible varieties or plants produced for reforestation
purposes or for the purpose of producing a crop that is neither
an insurable commodity nor a noninsurable commodity.
(c) Calculation of Losses and Payments.--
(1) Nursery and fernery producers.--For purposes of
subsection (a)(1), inventory losses for a nursery or fernery
producer shall be determined on an individual-nursery or
fernery basis, and the Secretary shall not offset inventory
losses at one nursery or fernery location by salvaged inventory
at another nursery or fernery operated by the same producer.
Payment amounts shall be equal to the product obtained by
multiplying--
(A) the difference between the pre-disaster and
post-disaster inventory value, as determined by the
Secretary using the producer's wholesale price list,
less the maximum customer discount provided by the
producer, and not to exceed the prices in the
Department of Agriculture publication entitled
``Eligible Plant List and Price Schedule'';
(B) 25 percent; and
(C) the producer's share of the loss.
(2) Tropical fruit producers.--For purposes of subsection
(a)(2), payment amounts for a tropical fruit producer shall be
equal to the product obtained by multiplying--
(A) the number of acres affected;
(B) the payment rate; and
(C) the producer's share of the crop.
(3) Payment limitation.--The total amount of payments to a
person (defined as provided in section 1001(e) of Food Security
Act of 1985 (7 U.S.C. 1308)) under paragraph (1) or (2) of
subsection (a) may not exceed $80,000.
(d) Debris-Removal Assistance.--
(1) Availability of assistance.--The Secretary shall use
such sums as are necessary of funds of the Commodity Credit
Corporation to make emergency financial assistance available to
commercial ornamental nursery and fernery producers in a
disaster county to help cover costs incurred for debris removal
and associated cleanup due to Hurricane Dennis, Hurricane
Katrina, or Hurricane Rita.
(2) Amount of assistance.--Assistance under this subsection
may not exceed the actual costs incurred by the producer or
$250 per acre, whichever is less. The Secretary shall not
impose any limitation on the maximum amount of payments that a
producer may receive under this subsection.
(e) Nondiscrimination.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers who did not
purchase crop insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) with respect to an insurable commodity or did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for assistance under section 196 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) with respect to a noninsurable commodity, except that payment
rates under this section shall be five percent less for such producers
and the producers must comply with subsection (f).
(f) Contract to Procure Crop Insurance or NAP.--In the case of a
producer described in subsection (e) who receives any assistance under
this section, the producer shall be required to enter into a contract
with the Secretary under which the producer agrees--
(1) in the case of all insurable commodities grown by the
producer during the next available coverage period--
(A) to obtain at least catastrophic risk protection
for those commodities under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.); and
(B) in the event of violation of the contract, to
repay to the Secretary any payment received under this
section; and
(2) in the case of all noninsurable commodities grown by
the producer during the next available coverage period--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for those commodities under section 196 of
the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7333); and
(B) in the event of violation of the contract, to
repay to the Secretary any payment received under this
section.
(g) Relation to Other Assistance.--
(1) Link to actual losses.--Assistance provided under
subsection (a) to a producer for losses to a crop, together
with the amounts specified in paragraph (2) applicable to the
same crop, may not exceed 100 percent of what the value of the
crop would have been in the absence of the losses, as estimated
by the Secretary.
(2) Other payments.--In applying the limitation in
paragraph (1), the Secretary shall include the following:
(A) Any crop insurance payment made under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or
payment under section 196 of the Federal Agricultural
Improvement and Reform Act of 1996 (7 U.S.C. 7333) that
the producer receives for losses to the same crop.
(B) Assistance received under any other emergency
crop loss authority.
(C) The value of the crop that was not lost (if
any), as estimated by the Secretary.
(h) Adjusted Gross Income Limitation.--The adjusted gross income
limitation, specified in section 1001D of the Food Security Act of 1985
(7 U.S.C. 1308-3a), shall apply to the provision of assistance under
this section.
(i) Definitions.--In this section:
(1) Catastrophic risk protection.--The term ``catastrophic
risk protection'' means the level of insurance coverage
provided under section 508(b) of the Federal Crop Insurance Act
(7 U.S.C. 1508(b)).
(2) Disaster county.--The term ``disaster county'' means a
county included in the geographic area covered by a natural
disaster declaration--
(A) made by the Secretary under section 321(a) of
the Consolidated Farm and Rural Development Act (7
U.S.C. 1961(a)) due to Hurricane Dennis, Hurricane
Katrina, or Hurricane Rita in 2005; or
(B) made by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) due to Hurricane Dennis,
Hurricane Katrina, or Hurricane Rita.
(3) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity for which producers are
eligible to obtain a policy or plan of insurance under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(4) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which producers are
eligible to obtain assistance under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. EMERGENCY CONSERVATION PROGRAM.
(a) Specific Inclusion of Nursery and Fernery Producers.--Section
405 of the Agricultural Credit Act of 1978 (16 U.S.C. 2205) is amended
by adding at the end the following new sentence: ``For purposes of this
title, the term `agricultural producer' includes a producer of nursery
or fernery crops.''.
(b) Application of Amendment.--The Secretary of Agriculture shall
implement the amendment made by subsection (a) beginning in counties
declared to be disaster areas by the President or the Secretary due to
Hurricane Dennis, Hurricane Katrina, or Hurricane Rita.
SEC. 4. TREE ASSISTANCE PROGRAM.
(a) Specific Inclusion of Nursery Trees.--Sections 10201 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201) is
amended by striking paragraph (1) and inserting the following new
paragraph:
``(1) Eligible orchardist.--The term `eligible orchardist'
means--
``(A) a person that produces annual crops from
trees for commercial purposes; or
``(B) a nursery grower that produces field-grown
trees, container-grown trees, or both, whether or not
the trees produce an annual crop, intended for
replanting after commercial sale.''.
(b) Application of Amendment.--The Secretary of Agriculture shall
implement the amendment made by subsection (a) beginning in counties
declared to be disaster areas by the President or the Secretary due to
Hurricane Dennis, Hurricane Katrina, or Hurricane Rita.
SEC. 5. ADMINISTRATION.
The Secretary of Agriculture shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out this Act,
and such funds shall remain available until expended.
SEC. 6. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this Act and the amendments
made by this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act and the amendments made by this Act shall be
made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary of Agriculture shall use the authority
provided under section 808 of title 5, United States Code.
SEC. 7. EMERGENCY DESIGNATION.
The amounts provided under this Act or under amendments made by
this Act to respond to Hurricane Dennis, Hurricane Katrina, or
Hurricane Rita are designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress). | Nursery and Tropical Fruit Producer Hurricane Relief Act - Directs the Secretary of Agriculture to use necessary Commodity Credit Corporation (CCC) funds to make emergency financial assistance available to: (1) commercial ornamental nursery and fernery producers in a disaster county for eligible inventory losses due to Hurricane Dennis, Katrina, or Rita; and (2) tropical fruit producers in a disaster county who have suffered a loss of 35 percent or more relative to expected production, due to any of those hurricanes. Provides for the calculation of losses and payments.
Directs the Secretary to use necessary CCC funds to make emergency financial assistance to commercial ornamental nursery and fernery producers in a disaster county to help cover debris removal and associated costs due to any of those hurricanes.
Amends the: (1) Agricultural Credit Act of 1978 to include a producer of nursery or fernery crops within the term "agricultural producer" for purposes of its emergency conservation program; and (2) Farm Security and Rural Investment Act of 2002 to include nursery growers that produce field- or container-grown trees within the term "eligible orchardist" for purposes of its tree assistance program.
Designates amounts provided under this Act as an emergency requirement under the FY2006 Concurrent Budget Resolution. | {"src": "billsum_train", "title": "To provide assistance to nursery crop and tropical fruit producers whose agricultural operations were severely damaged by Hurricane Dennis, Hurricane Katrina, or Hurricane Rita in 2005."} | 2,571 | 266 | 0.687099 | 2.113908 | 0.855549 | 4.363248 | 9.598291 | 0.901709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Benefits for Victims of
International Terrorism Act of 2003''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
There is established the Benefits for Victims of International
Terrorism Program (``Program'') under which monetary awards shall be
made in accordance with this Act to eligible individuals who are
physically injured, killed, or held hostage as a result of an act of
international terrorism.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(a) Act of International Terrorism.--The term ``act of
international terrorism'' means an activity that constitutes terrorism
within the definition provided in Section 2(15) of the Homeland
Security Act of 2002 and that was committed by foreign nationals or
foreign governments (or the agents thereof) and directed, in whole or
in part, at the United States or at an individual because of the
individual's status as a national of the United States.
(b) Claimant.--The term ``claimant'' means an individual filing a
claim for benefits under this Act. In the case of an individual who
died as the direct result of the act of international terrorism, any
individual who is eligible to recover under section 107(a) may be a
claimant. In the case of an individual who suffered physical injury or
was held hostage as the direct result of an act of international
terrorism, the claimant shall be the individual who suffered the
physical injury or was held hostage, except that a parent or legal
guardian may file a claim on behalf of an individual who is less than
18 years of age, incompetent or incapacitated.
(c) Child.--The term ``child'' shall have the meaning given to it
by 42 U.S.C. 3796b(2).
(d) Department.--The term ``Department'' means the Department of
State.
(e) National of the United States.--The term ``national of the
United States'' has the meaning given in section 101(a) of the
Immigration and Nationality Act (U.S.C. 1101(a)).
(f) Physical Injury.--The term ``physical injury'' means an injury
to the body, from a source external to the body, that directly results
in partial or total physical disability, incapacity, or disfigurement.
(g) United States.--The term ``United States'' means the States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Mariana Islands, the territories and possessions of
the United States, the territorial sea of the United States, and the
airspace above them.
SEC. 4. ADMINISTRATION.
(a) Threshold Determination.--
(1) Upon the occurrence of a terrorist incident, the
Secretary of State, in consultation with the Attorney General
and the Secretaries of Defense, Homeland Security and the
Treasury, shall promptly determine in writing whether an act of
international terrorism as defined in section 103(a) of this
Act has taken place. Any such determination shall be published
in the Federal Register.
(2) The Secretary of State's determination under this
section shall be final and conclusive, and it shall not be
subject to review in any judicial, administrative or other
proceeding.
(b) Adjudication and Payment.--When a threshold determination set
forth in subsection (a) is made, the Department shall have jurisdiction
to receive, examine, adjudicate, and render final decisions, and pay
awards with respect to claims filed under section 105 in accordance
with the provisions of this Act.
SEC. 5. FILING OF CLAIMS.
(a) In General.--Claims for benefits under the Program shall be
filed with the Department on the form developed under subsection (b).
(b) Claim Form.--
(1) The Department shall develop a form that claimants
shall use when submitting claims under subsection (a).
(2) The claim form at a minimum shall request--
(A) in the case of a claim filed for a death
benefit with respect to a decedent, information
demonstrating the decedent's death as a direct result
of the act of international terrorism and information
demonstrating that the claimant is eligible to recover
under the Act.
(B) in the case of a claim not involving a death,
information demonstrating the physical harm that the
claimant suffered as a direct result of the act of
international terrorism or information demonstrating
the period the claimant was held hostage as a direct
result of the act of international terrorism; and
(C) in the case of a claim filed by a parent or
legal guardian, information demonstrating the
claimant's status as a parent or legal guardian.
(3) The claim form shall state clearly and conspicuously
the information contained in section 112(c) of this Act.
SEC. 6. ELIGIBILITY.
(a) In General.--The Department shall review each claim filed under
this Program and determine whether the claimant is an eligible
individual under subsection (b) of this section or has filed a claim on
account of the death of an eligible individual under subsection (b).
(b) Eligible Individuals.--An eligible individual is a victim who,
as of the date on which the act of international terrorism occurred--
(1) was a national of the United States; and
(2)(A) died as the direct result of the act of
international terrorism;
(B) suffered physical injury as the direct result of the
act of international terrorism; or
(C) was held hostage as a direct result of an act of
international terrorism and not solely for ransom.
(c) Exclusion for Participants or Conspirators in Acts of
Terrorism.--A participant or conspirator in any act of international
terrorism, or a representative of such individual, shall not be an
eligible individual.
(d) Exclusion for Military Personnel.--This Program does not apply
to any claim arising out of injury, death, or period as a hostage
sustained by a member of the U.S. Armed Forces while serving on active
duty.
(e) September 11th Victim Compensation Fund.--Notwithstanding any
other provision in this Act, no individual who is or was eligible to
recover under the September 11th Victim Compensation Fund of 2001 shall
be eligible to recover under this Act.
SEC. 7. NATURE OF AWARDS.
(a) Death Benefit.--In any case in which the Department determines,
under regulations issued pursuant to this Act, that an eligible
individual has died as the direct and proximate result of an act of
international terrorism, the Department shall award a benefit to the
survivor or survivors in the same manner and the same amount as death
benefits are paid pursuant to the Public Safety Officers' Benefits
Program under subpart 1 of part L of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.).
(b) Injury or Hostage Benefit.--In the event the claimant was
physically injured or held hostage as a direct result of an act of
international terrorism, the Department shall award a benefit to the
claimant in an amount determined by the Department up to, but not to
exceed, the amount provided for under the preceding subsection. The
Secretary of State may issue regulations regarding the amount of
benefits to be provided under this subsection for categories of
injuries or for durations of time as a hostage.
(c) No Fault Program.--Awards shall be made without regard to the
negligence or any other theory of liability of the claimant or of the
individual on whose behalf the claimant is filing a claim.
(d) Reversion of Amounts to the Fund.--If no person is entitled to
receive the amount awarded under the above subsections, the amount
shall revert to the Fund.
SEC. 8. LIMITATIONS ON CLAIMS.
(a) Prohibition on Double Recovery.--No benefit is payable under
this Act with respect to a victim having been injured or held hostage
if a benefit is payable under this Act with respect to the death of
such victim. In the event that a payment is made under this Act on
account of death or period as a hostage and a death benefit
subsequently becomes payable for the death of the same victim, such
death benefit shall be reduced by amounts previously awarded.
(b) Time Limitation for Filing.--No claim may be filed on the basis
of an act of international terrorism after the date that is 2 years
after the date of publication in the Federal Register of the relevant
determination under section 104(a) of this Act.
SEC. 9. INTERNATIONAL TERRORISM BEFORE EFFECTIVE DATE.
(a) International Terrorism Before Effective Date.--Benefits may be
awarded under this Act, subject to the provisions of subsection (b) of
this section, to eligible individuals for acts of international
terrorism that took place before the effective date of this Act and
which occurred on or after November 1, 1979.
(b) Determination.--The Secretary of State, in consultation with
the Attorney General and the Secretaries of Defense, Homeland Security
and the Treasury, shall issue, promptly upon the request of a claimant
potentially covered under subsection (a), a determination whether an
incident that occurred on or after November 1, 1979, and before the
date of enactment of this Act was an act of international terrorism.
Such requests will be considered only if made within one year after the
date of enactment of this Act. Any such determination shall be
published in the Federal Register.
SEC. 10. AUTHORIZATION.
(a) Authorization.--There is established for the purpose of
providing benefits under this Act a Victims of International Terrorism
Benefits Fund (``Fund''). In addition to amounts otherwise authorized
to be appropriated for the Department of State, there are authorized to
be appropriated to the Department of State for deposit into the Fund
such sums as may be necessary to pay awards under this Act and to
administer this Program.
(1) Amounts in the Fund shall be available until expended.
(2) Contributions.--The Secretary of State is authorized to
accept such amounts as may be contributed by individuals,
business concerns, foreign governments, or other entities for
the payment of awards certified under this Act and such amounts may be
deposited directly into the Fund.
(3) Unexpended balances of expired appropriations available
to the Department of State may be transferred directly into the
Fund for the payment of awards under this Act and, to the
extent and in such amounts as provided in appropriations acts,
for the costs to administer this Program.
SEC. 11. SUBROGATION.
The United States shall be subrogated, to the extent of the
payments, to any recovery in litigation or settlement of litigation
related to an injury, death, or period of a hostage for which payment
was made under the Program. Any amounts recovered under this subsection
shall be deposited into the Fund established by section 110(a).
SEC. 12. ADMINISTRATIVE PROVISIONS.
(a) Rules and Procedures.--The Secretary of State may issue such
rules and procedures as may be necessary to carry out this Act,
including rules with respect to choice of law principles, admitting
agents or other persons to representation before the Department of
claimants under this Act, and the nature and maximum amount of fees
that such agent or other person may charge for such representation.
(b) Acts Committed to Officer's Discretion.--Any action taken or
omitted by an officer of the United States under this Act is committed
to the discretion of such officer.
(c) Civil Actions Against Foreign States.--
(1) A person who by a civil action has obtained and
received full satisfaction of a judgment against a foreign
state or government or its agencies or instrumentalities, or
against the United States or its agencies or instrumentalities,
for death, injury, or period as a hostage due to an act of
international terrorism shall not receive an award under this
Act based on the same act of international terrorism.
(2) A person who has accepted benefits pursuant to an award
under this Act relating to an act of international terrorism
shall not thereafter commence or maintain in a court of the
United States a civil action based on the same act of
international terrorism against a foreign state or government
or its agencies or instrumentalities or against the United
States or its agencies or instrumentalities.
SEC. 13. NO JUDICIAL REVIEW.
Decisions made under this Act shall not be subject to review in any
judicial, administrative or other proceeding.
SEC. 14. CONFORMING AMENDMENTS.
(a) Section 201 of the Terrorism Risk Insurance Act of 2002 (Public
Law 107-297) is amended by adding the following as new subsection (e):
``(e) Subsection (a) shall not apply to any judgment obtained
pursuant to a complaint filed after [the date of submission of the
Benefits for Victims of International Terrorism Act of 2003].''.
(b) Section 1610(f) of Title 28, United States Code (28 U.S.C.
1610(f)), is amended by adding the following at the end as new
subparagraph (4):
``(4) Subsection (f) shall not apply to any judgment
obtained pursuant to a complaint filed after [the date of
submission of the Benefits for Victims of International
Terrorism Act of 2003].''. | Benefits for Victims of International Terrorism Act of 2003 - Establishes the Benefits for Victims of International Terrorism Program under which monetary awards shall be made (in lieu of judgments in civil actions against the U.S. or foreign governments) to eligible individuals who are physically injured, killed, or held hostage as a result of an act of international terrorism.
Places administration of the program in the Department of State. Prescribes a claims procedure. | {"src": "billsum_train", "title": "A bill to establish a comprehensive federal program to provide benefits to U.S. victims of international terrorism, and for other purposes."} | 3,006 | 108 | 0.533506 | 1.499202 | 0.866268 | 5.814815 | 33.024691 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Hospice Reform and Savings
Act of 2009''.
SEC. 2. HOSPICE CARE PAYMENT AND COVERAGE REFORMS.
(a) Relief From Demand Payments.--Section 1814(i)(2) of the Social
Security Act (42 U.S.C. 1395f(i)(2)) is amended--
(1) in subparagraph (A), by inserting ``(ending before
November 1, 2009)'' after ``for an account year;''; and
(2) by adding at the end the following new subparagraph:
``(E) With respect to repayment demands based upon the application
of this paragraph for an accounting year ending during the 4-year
period ending on October 31, 2009, recovery by the Secretary of such
demands from a hospice program shall be subject to the following:
``(i)(I) Subject to subclause (II), no such demand to any
hospice program shall exceed 10 percent of the payments under
this part to the program for the same time period covered by
the demand.
``(II) The aggregate reduction in repayment demands under
subclause (I) shall not exceed $400,000,000 and the Secretary
shall reduce, in a pro-rata manner, the application of
reductions under such subclause to the extent such reductions
would otherwise exceed such limit.
``(III) Subclause (I) shall be applied taking into account
principal amounts made on or before the date of the enactment
of this subparagraph.
``(ii) Upon request of a hospice program subject to the
maximum demand under the limitation specified in clause (i),
the Secretary shall allow the program a period of 60 months
from the date of demand to repay such demand in installments.
``(iii) The interest rate charged on any demand during the
period specified in this clause may not exceed the effective
rate established by the Secretary of the Treasury pursuant to
section 3717(a) of title 31, United States Code, as of the date
of the demand.
Nothing in this subparagraph shall be construed to require the
Secretary to return funds collected or repaid before the date of the
enactment of this subparagraph.''.
(b) Realignment of Payment Amounts.--Section 1814(i)(1) of such Act
(42 U.S.C. 1395f(i)(1)) is amended--
(1) in subparagraph (B), by inserting ``subject to
subparagraph (D),'' after ``subparagraph (A)'';
(2) in subparagraph (C), by inserting ``subject to
subparagraph (D),'' after ``for a subsequent fiscal year,'';
and
(3) by adding at the end the following new subparagraph:
``(D)(i) In the case of hospice care (other than short-term
inpatient care) furnished on or after November 1, 2009, with respect to
an individual in a hospice election period (other than one of the first
two 90-day periods for such individual under section 1812(d)(1)), the
amount of payment otherwise established for such care shall be reduced
by 12\1/2\ percent.
``(ii) In the case of routine home hospice care furnished on or
after November 1, 2009, during the first 5 days of hospice care in an
individual's initial 90-day hospice election period under section
1812(d)(1) and during the last 5 days of hospice care preceding (and
including) the date of the beneficiary's death, the amount of payment
otherwise established for such care shall be increased by 20
percent.''.
(c) Listing of Terminal Illnesses.--By not later than January 31,
2010, and for purposes of applying section 1861(dd)(3)(A) of the Social
Security Act (42 U.S.C. 1395x(dd)(3)(A)), the Secretary of Health and
Human Services shall issue evidence-based national coverage
determinations for life expectancies covering at least each of those
terminal medical diagnoses currently covered by Local Coverage
Determinations promulgated by Medicare's fiscal intermediaries.
(d) Delay in Phase Out of Medicare Hospice Budget Neutrality
Adjustment Factor During Fiscal Years 2010-2013 Based Upon Savings From
National Coverage Determinations.--
(1) Determination of savings.--The Secretary of Health and
Human Services shall annually determine, and report to
Congress, the amount of the reductions in expenditures under
title XVIII of the Social Security Act during fiscal years 2010
through 2013 that results from the issuance of the national
coverage determinations described in subsection (c) for hospice
care.
(2) Restoration of medicare hospice budget neutrality
adjustment factor.--Notwithstanding any other provision of law,
including the final rule published on August 10, 2008, 73
Federal Register 46464 et seq., relating to Medicare Program;
Hospice Wage Index for Fiscal Year 2009, the Secretary shall
restore the application (and reduce the phase out) of the
budget neutrality adjustment factor in the Medicare hospice
wage index for the fiscal years 2010 through 2013 in such
manner as the Secretary estimates will result in an aggregate
increase in expenditures under title XVIII of the Social
Security Act equivalent to the aggregate reductions in
expenditures determined under paragraph (1) for such period. | Medicare Hospice Reform and Savings Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to revise payments and coverage for hospice care under the Medicare program.
Prescribes conditions for recovery by the Secretary of Health and Human Services (HHS) of repayment demands from a hospice program for any accounting year during the four-year period ending on October 31, 2009.
Requires the Secretary to issue evidence-based national coverage determinations for life expectancies covering at least each of those terminal medical diagnoses currently covered by Local Coverage Determinations promulgated by Medicare's fiscal intermediaries.
Directs the Secretary to restore the application (and reduce the phase out) of the budget neutrality adjustment factor in the Medicare hospice wage index for FY2010-FY2013 in a manner that will result in an aggregate increase in Medicare expenditures equivalent to the aggregate reductions in expenditures resulting from the issuance of the national coverage determinations. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to reform payments and coverage for hospice care under the Medicare Program."} | 1,176 | 207 | 0.530623 | 1.483413 | 0.740631 | 4.783626 | 6.081871 | 0.935673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Seeds Protection Act
of 2013''.
SEC. 2. RESEARCH GRANTS FOR PURPOSES OF PROTECTION AND PRESERVATION OF
NATIVE AMERICAN SEEDS.
(a) In General.--Subtitle C of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) is
amended by adding at the end the following new section:
``SEC. 1419C. RESEARCH GRANTS FOR PURPOSES OF PROTECTION AND
PRESERVATION OF NATIVE AMERICAN SEEDS.
``(a) Authority.--Consistent with this section, the Secretary may
make grants, competitive grants, and special research grants to, and
enter into cooperative agreements and other contracting instruments
with, eligible entities to conduct research and education and training
programs that are objective, operationally independent, and external to
the Federal Government and that concern the purity of Native American
seeds (as defined by the Secretary, in consultation with Indian
tribes).
``(b) Cooperation Required.--Grant applications submitted by an
eligible entity under this section shall certify that the research to
be conducted will be performed under a cooperative agreement with at
least one other qualified research entity.
``(c) Activities.--Under this section, funding may be provided to
conduct--
``(1) research to assess the direct and indirect impacts
of--
``(A) public law and policies on traditional ways
of life and cultural practices relating to the
harvesting and cultivating of Native American seeds;
and
``(B) contaminants that compromise the integrity
and purity of Native American seeds; and
``(2) education and training programs on--
``(A) the methods necessary to conduct the research
described in paragraph (1); and
``(B) the best methods to continuously test,
monitor, and otherwise protect the purity of Native
American seeds.
``(d) Report.--Beginning not later than one year after the date of
the enactment of this section, and each year thereafter, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that contains--
``(1) the results of any research conducted under this
section;
``(2) the effectiveness of any education and training
programs conducted under this section in enabling eligible
entities to ensure the purity of Native American seeds; and
``(3) any recommendations of the Secretary to improve the
effectiveness of such education and training programs.
``(e) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a 1994 Institution (as defined in section 532
of the Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note)); or
``(B) an Indian tribe.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(3) Qualified research entity.--The term `qualified
research entity' means an entity with a demonstrated capacity
and infrastructure necessary to carry out agricultural research
projects, including--
``(A) a State agricultural experiment station;
``(B) a college or university (including a 1994
Institution);
``(C) another research institution or organization;
``(D) a private organization;
``(E) a corporation; or
``(F) an individual.''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall issue regulations to carry
out section 1419C of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, as added by subsection (a), including
regulations to define the term ``Native American seed'' as specified in
subsection (a) of such section 1419C.
SEC. 3. DEVELOPING SEED STORAGE FACILITIES TO PRESERVE AND PROTECT
NATIVE AMERICAN SEEDS.
Section 306 (a)(19)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by inserting ``,
including the expansion, construction, and infrastructure costs
associated with developing seed storage facilities that are used to
protect and preserve Native American seeds (as defined by the Secretary
pursuant to section 1419C of the National Agricultural Research,
Education, and Teaching Policy Act of 1977)'' before the period at the
end. | Native American Seeds Protection Act of 2013 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize the Secretary of Agriculture to award grants to, and enter into agreements with, Indian tribes and 1994 Institutions to conduct research and education and training programs concerning the purity of Native American seeds. (1994 Institutions are Native American tribally-controlled colleges and universities that were granted land-grant status in 1994.) Requires grant applicants to certify that any research conducted will be performed under a cooperative agreement with at least one other entity that has the capacity and infrastructure necessary to carry out agricultural research projects. Authorizes the use of the grants to fund research to assess the impact of: (1) public law and policies on traditional ways of life and cultural practices relating to the harvesting and cultivating of Native American seeds, and (2) contaminants that compromise the integrity and purity of those seeds. Authorizes the use of the grants to fund education and training programs on: (1) the methods necessary to conduct such research; and (2) the best methods to continuously test, monitor, and otherwise protect the purity of Native American seeds. Amends the Consolidated Farm and Rural Development Act to authorize the use of grants under the community facilities grant program to expand, construct, and develop seed storage facilities that are used to protect and preserve Native American seeds. | {"src": "billsum_train", "title": "Native American Seeds Protection Act of 2013"} | 1,065 | 283 | 0.734024 | 2.014194 | 0.838132 | 3.916981 | 3.524528 | 0.883019 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native Act to Transform Imagery in
Various Environments''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Based on article I, section 8 of the United States
Constitution, treaties, Federal statutes, and court decisions,
the United States has a unique historical and legal
relationship with American Indian and Alaska Native people,
which serves as the basis for the Federal Government's trust
responsibility and obligations.
(2) There are 564 federally recognized Indian tribes in the
United States, with some 40 percent of Indian tribes located in
the State of Alaska.
(3) Indian tribes have principal responsibility for lands
and people within their jurisdiction.
(4) This responsibility extends to educating their students
and providing adequate educational facilities in which their
students can learn.
(5) Because of this responsibility, Indian schools should
be eligible for the funding available under this Act.
(6) Elementary and secondary schools all over the Nation
use words and symbols representing their schools that are
offensive to Native Americans.
(7) Nationally, more than 1,200 schools inappropriately use
such offensive names or nicknames. Often, these names or
symbols become mascots and are used at athletic games for
mascot characters, chants, and other antics.
(8) Although these school communities do not intend
disrespect toward Native Americans, that is the end result of
allowing these offensive terms to continue in these educational
institutions. Therefore, Federal funding should be available to
schools to assist them to discontinue use of offensive names
and symbols on equipment and apparel, including team jerseys,
signs, stationery, walls, fields, and gymnasium floors.
SEC. 3. GRANTS.
(a) Grants To Discontinue Use of a Derogatory or Discriminatory
Name or Depiction.--
(1) In general.--During the 1-year period beginning at the
end of the period described in section 4(b)(2), the Secretary
of Education, acting through the Committee on Indian Relations,
may make grants to eligible schools to assist such schools to
discontinue use of a name or depiction that is derogatory or
discriminatory (as provided under section 5) as a team name,
mascot, or nickname of the school or any entity sponsored by
the school.
(2) Use of funds.--The Secretary may not make a grant to an
applicant under this subsection unless the applicant agrees to
use the grant for the following:
(A) Replacement of uniforms or other materials that
bear a discontinued derogatory or discriminatory name
or depiction.
(B) Alteration of facilities, including walls,
floors, and signs, to the extent necessary to remove a
discontinued derogatory or discriminatory name or
depiction.
(3) Eligible schools.--For purposes of this subsection, the
term ``eligible school'' means a school that has made a formal
decision to discontinue use of a name or depiction that is
derogatory or discriminatory.
(b) Construction Grants.--Not sooner than the end of the 1-year
period during which grants may be made under subsection (a)(1), the
Secretary may make grants to Indian schools and to schools that
received grants under subsection (a)(1) for school construction or
renovation.
(c) Consultation.--Before making any grant under this section, the
Secretary shall consult with Indian tribes concerning the grant.
(d) Application.--To seek a grant under this section, an applicant
shall submit an application at such time, in such manner, and
containing such information as the Secretary reasonably requires.
SEC. 4. COMMITTEE ON INDIAN RELATIONS.
(a) Establishment.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall establish within the
Department of Education a committee to be known as the Committee on
Indian Relations.
(b) Duties.--The Committee shall--
(1) in accordance with section 5(c), determine names and
depictions that are derogatory or discriminatory;
(2) not later than 1 year after the date of the enactment
of this Act--
(A) identify schools that use a name or depiction
that is derogatory or discriminatory as a team name,
mascot, or nickname of the school or any entity
sponsored by the school; and
(B) inform any school so identified of the
assistance available under this Act to discontinue use
of such name or depiction;
(3) assist the Secretary to make grants under section 3;
and
(4) provide cultural proficiency training at schools
receiving assistance under section 3 to effect positive and
long-term change regarding any derogatory or discriminatory
name or depiction.
(c) Director.--The Committee shall have a Director, who shall be
appointed by the Secretary in consultation with tribal governments
involved in Indian education program activities. The Director shall be
paid at the rate of basic pay for level V of the Executive Schedule.
(d) Staff.--The Director may appoint such personnel as the Director
considers appropriate to carry out the purposes of the Committee.
(e) Termination.--The Committee shall terminate at the end of
fiscal year 2015.
SEC. 5. DEROGATORY OR DISCRIMINATORY NAMES AND DEPICTIONS.
(a) In General.--For purposes of this Act, a name or depiction is
derogatory or discriminatory if listed in subsection (b) or designated
under subsection (c).
(b) Listed Names.--The names listed in this subsection are the
following:
(1) Indians.
(2) Redskins.
(3) Braves.
(4) Chiefs.
(c) Designated Names and Depictions.--A name or depiction is
designated under this subsection if the Committee determines, after
notice and comment, that the name or depiction is derogatory or
discriminatory on the basis of race, ethnicity, nationality, or Indian
or Native Alaskan tribal affiliation.
SEC. 6. REPORTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually for each of the 4 succeeding fiscal
years, the Secretary, in consultation with the Committee, shall submit
a report to the Committee on Resources of the House of Representatives
and the Committee on Indian Affairs of the Senate.
(b) Contents.--Each report submitted under this section shall
include the following:
(1) A summary of the activities conducted by the Secretary,
including those conducted by the Committee, to carry out this
Act.
(2) Any recommendations for legislation that the Secretary,
in consultation with the Committee, determines to be necessary
to carry out this Act.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) The term ``Committee'' means the Committee on Indian
Relations established under section 4.
(2) The term ``school'' means--
(A) an elementary school or a secondary school (as
such terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)); or
(B) an institution of higher education (as such
term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))).
(3) The term ``Indian school'' means a school that is
operated by--
(A) the Bureau of Indian Affairs; or
(B) an Indian tribe, or an organization controlled
or sanctioned by an Indian tribal government, for the
children of that tribe under a contract with, or grant
from, the Department of the Interior under the Indian
Self-Determination Act or the Tribally Controlled
Schools Act of 1988.
(4) The term ``Indian tribe'' has the meaning given to that
term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).
(5) The term ``Secretary'' means the Secretary of
Education.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, to remain available until expended,
for each of fiscal years 2011 through 2015. Such authorization of
appropriations shall be in addition to any other authorization of
appropriations for Indian education. | Native Act to Transform Imagery in Various Environments - Directs the Secretary of Education to make grants to elementary, secondary, and post-secondary schools to assist them in discontinuing the use of a name or depiction that is derogatory or discriminatory.
Requires the Secretary to make subsequent grants to schools that received grants to discontinue objectionable names or depictions and to Indian schools for construction or renovation.
Directs the Secretary to establish the Committee on Indian Relations within the Department of Education to: (1) determine which names and depictions are derogatory or discriminatory; (2) identify schools that use derogatory or discriminatory names or descriptions, and inform them of the availability of assistance in discontinuing their use; (3) assist the Secretary in awarding this Act's grants; and (4) provide cultural proficiency training at grantee schools.
Lists Indians, Redskins, Braves, and Chiefs as derogatory or discriminatory names or depictions. | {"src": "billsum_train", "title": "To authorize the Secretary of Education to make grants to eligible schools to assist such schools to discontinue use of a derogatory or discriminatory name or depiction as a team name, mascot, or nickname, and for other purposes."} | 1,825 | 209 | 0.661637 | 2.055231 | 1.072063 | 3.137931 | 9.609195 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Remote Sensing Applications Act of
2004''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) although urban land use planning, growth management,
and other functions of State, local, regional, and tribal
agencies are rightfully within their jurisdiction, the Federal
Government can and should play an important role in the
development and demonstration of innovative techniques to
improve comprehensive land use planning and growth management;
(2) the United States is making a major investment in
acquiring remote sensing and other geospatial information from
both governmental and commercial sources;
(3) while much of the data is being acquired for scientific
and national security purposes, it also can have important
applications to help meet societal goals;
(4) it has already been demonstrated that Landsat data and
other earth observation data can be of enormous assistance to
Federal, State, local, regional, and tribal agencies for urban
land use planning, coastal zone management, natural and
cultural resource management, and disaster monitoring;
(5) remote sensing, coupled with the emergence of
geographic information systems and satellite-based positioning
information, offers the capability of developing important new
applications of integrated sets of geospatial information to
address societal needs;
(6) the full range of applications of remote sensing and
other forms of geospatial information to meeting public sector
requirements has not been adequately explored or exploited;
(7) the Land Remote Sensing Policy Act of 1992,
Presidential Decision Directive 23 of 1994, and the Commercial
Space Act of 1998 all support and promote the development of
United States commercial remote sensing capabilities;
(8) many State, local, regional, tribal, and Federal
agencies are unaware of the utility of remote sensing and other
geospatial information for meeting their needs, even when
research has demonstrated the potential applications of that
information;
(9) even when aware of the utility of remote sensing and
geospatial technologies in the area of wildland fire management
to detect and monitor a wildland fire in real-time from the
early stages of fire growth, many State, local, regional, and
tribal agencies are hampered by a lack of overall strategy
guiding interagency management of resources and technology,
according to a September 2003 Government Accounting Office
report;
(10) remote sensing and other geospatial information,
especially when used in a coordinated approach, can be
particularly useful to State, local, regional, and tribal
agencies in the area of urban planning, especially in their
efforts to plan for and manage the impacts of growth,
development, and sprawl, as well as in wildland fire management
and environmental impact and disaster relief planning and
management;
(11) the United States Geological Survey, in coordination
with other agencies, can play a unique role in demonstrating
how data acquired for scientific purposes, when combined with
other data sources and processing capabilities, can be applied
to assist State, local, regional, and tribal agencies and the
private sector in decisionmaking in such areas as agriculture,
weather forecasting, and forest management; and
(12) in addition, the United States Geological Survey, in
conjunction with other agencies, can play a unique role in
stimulating the development of the remote sensing and other
geospatial information sector through pilot projects to
demonstrate the value of integrating governmental and
commercial remote sensing data with geographic information
systems and satellite-based positioning data to provide useful
applications products.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Director'' means the Director of the United
States Geological Survey;
(2) the term ``geospatial information'' means knowledge of
the nature and distribution of physical and cultural features
on the landscape based on analysis of data from airborne or
spaceborne platforms or other types and sources of data; and
(3) the term ``institution of higher education'' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS.
(a) In General.--The Director shall establish a program of grants
for competitively awarded pilot projects to explore the integrated use
of sources of remote sensing and other geospatial information to
address State, local, regional, and tribal agency needs.
(b) Preferred Projects.--In awarding grants under this section, the
Director shall give preference to projects that--
(1) make use of existing public or commercial data sets;
(2) integrate multiple sources of geospatial information,
such as geographic information system data, satellite-provided
positioning data, and remotely sensed data, in innovative ways;
(3) include funds or in-kind contributions from non-Federal
sources;
(4) involve the participation of commercial entities that
process raw or lightly processed data, often merging that data
with other geospatial information, to create data products that
have significant value added to the original data; and
(5) taken together demonstrate as diverse a set of public
sector applications as possible.
(c) Opportunities.--In carrying out this section, the Director
shall seek opportunities to assist--
(1) in the development of commercial applications
potentially available from the remote sensing industry;
(2) State, local, regional, and tribal agencies in applying
remote sensing and other geospatial information technologies
for growth management; and
(3) State, local, regional, and tribal agencies in
obtaining and utilizing satellite, aviation, and sensor
capabilities for wildland fire detection, analysis, and
observation.
(d) Duration.--Assistance for a pilot project under subsection (a)
shall be provided for a period not to exceed 3 years.
(e) Report.--Each recipient of a grant under subsection (a) shall
transmit a report to the Director on the results of the pilot project
within 180 days of the completion of that project.
(f) Workshop.--Each recipient of a grant under subsection (a)
shall, not later than 180 days after the completion of the pilot
project, conduct at least one workshop for potential users to
disseminate the lessons learned from the pilot project as widely as
feasible.
(g) Regulations.--The Director shall issue regulations establishing
application, selection, and implementation procedures for pilot
projects, and guidelines for reports and workshops required by this
section.
SEC. 5. PROGRAM EVALUATION.
(a) Advisory Committee.--The Director shall establish an advisory
committee, consisting of individuals with appropriate expertise in
State, local, regional, and tribal agencies, the university research
community, and the remote sensing and other geospatial information
industry, to monitor the program established under section 4. The
advisory committee shall consult with the Federal Geographic Data
Committee and other appropriate industry representatives and
organizations. Notwithstanding section 14 of the Federal Advisory
Committee Act, the advisory committee established under this subsection
shall remain in effect until the termination of the program under
section 4.
(b) Effectiveness Evaluation.--Not later than December 31, 2008,
the Director shall transmit to the Congress an evaluation of the
effectiveness of the program established under section 4 in exploring
and promoting the integrated use of sources of remote sensing and other
geospatial information to address State, local, regional, and tribal
agency needs. Such evaluation shall have been conducted by an
independent entity.
SEC. 6. DATA AVAILABILITY.
The Director shall ensure that the results of each of the pilot
projects completed under section 4 shall be retrievable through an
electronic, Internet-accessible database.
SEC. 7. EDUCATION.
The Director shall establish an educational outreach program to
increase awareness at institutions of higher education and State,
local, regional, and tribal agencies of the potential applications of
remote sensing and other geospatial information.
SEC. 8. COST SENSITIVITY STUDY.
The Director shall conduct a study of the effect of remote sensing
imagery costs on potential State, local, regional, and tribal agency
applications. The study shall identify applications that are likely to
be most affected by reductions in the cost of remote sensing imagery.
Not later than 2 years after the date of the enactment of this Act, the
Director shall transmit to the Congress the results of the study
conducted under this section.
SEC. 9. REPORT.
Not later than 6 months after the date of enactment of this Act,
the Director shall submit to the Congress a report on how agencies are
implementing the recommendations contained in the September 2003
General Accounting Office report entitled ``Geospatial Information:
Technologies Hold Promise for Wildland Fire Management, but Challenges
Remain''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the United States
Geological Survey, $15,000,000 for each of the fiscal years 2005
through 2009 to carry out this Act. | Remote Sensing Applications Act of 2004 - Requires the Director of the U.S. Geological Survey to: (1) establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs; (2) establish an advisory committee to monitor the program; (3) transmit to Congress an independent evaluation of program effectiveness; and (4) ensure that project results are retrievable through an Internet-accessible database.
Requires the Director to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management.
Requires the Director to: (1) establish an educational outreach program to increase awareness at institutions of higher education and such agencies of the potential applications of remote sensing and geospatial information; and (2) study the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications. | {"src": "billsum_train", "title": "A bill to encourage the development and integrated use by the public and private sectors of remote sensing and other geospatial information, and for other purposes."} | 1,886 | 227 | 0.638996 | 1.981417 | 0.786236 | 5.833333 | 8.6 | 0.97619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Renewable Energy
Development Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States needs additional sources of renewable
energy in order to address the problems of climate change, meet
renewable energy portfolio standards, diversify our energy mix,
and become more energy independent. The development of a
diverse supply of energy and additional alternatives to foreign
fuels is important for our national security.
(2) The coastal waters of the United States possess
significant offshore wave, tidal, and wind energy resources.
The National Renewable Energy Laboratory has stated that these
wind, wave and tide, and ocean-based sources of energy possess
over 50 percent of America's total renewable energy potential.
(3) The Department of Energy estimates that more than
900,000 megawatts (MW) of potential renewable energy exists off
the coasts of the United States. This amount of energy is
roughly the total current United States-installed electrical
capacity of the entire country, and most of this energy is
located near major population centers, where energy costs are
high. 900,000 megawatts of offshore wind generation capacity
would produce about 3,547,800,000 megawatt hours of electricity
each year. This is the same amount of energy as is contained in
1,927,042,446 barrels of oil, or about 25 percent of total oil
consumption in the United States each year.
(4) Offshore wind energy alone has the potential to produce
about 3,548 billion kilowatt-hours of electricity per year,
which is 87 percent of the electricity generated in the United
States in 2006. Slightly more than half of the country's
identified offshore renewable energy is located off the New
England and Mid-Atlantic Coasts.
(5) Approximately 90 percent of the 900,000 MW of potential
offshore wind energy is located in Federal waters, beyond 5
nautical miles from shore. Approximately 10 percent (98,000 MW)
is estimated to be near shore in waters less than 30 meters
deep.
(6) In Europe, governments have recognized the enormous
potential for offshore renewable energy, have identified sites
for offshore energy, and have developed ambitious policy goals
based on harnessing this resource. Germany and the other States
of the European Union have been working towards a target of 12
percent renewable energy by 2010. Because this target was
surpassed in 2007. On April 26, 2008, Germany announced that
this target would rise to 27 percent by 2020.
(7) With regard to wind energy, most of these European
sites are in deeper waters where cutting-edge technology is
being developed to harness these offshore wind energy
resources. The current depth of existing technology is 120
feet, but newer technologies are being pilot tested for even
deeper waters.
(8) Offshore ocean energy development can generate hundreds
of thousands of jobs. According to the Renewable Energy Policy
Project, 74,000 MW of renewables, primarily from wind energy in
the United States would require 380,000 new manufacturing jobs
for component parts; 36,000 U.S. firms already produce similar
products that could serve the growing market
(9) The United States also possesses the scientific and
technical capacity to generate renewable energy from the ocean,
including from wave, wind, and tidal sources. Scientists and
other industry experts believe that, at a minimum, the United
States Government should provide a policy framework to guide
the appropriate development of these resources. Such a
framework is imperative for the identification of offshore
sites and the rapid development of these resources in general.
SEC. 3. IDENTIFICATION OF OFFSHORE SITES FOR ALTERNATIVE ENERGY
FACILITIES.
(a) In General.--The Secretary of Energy, in consultation with the
Secretary of Commerce and State coastal zone management agencies
administering coastal zone management programs approved under the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), shall
enter into agreements with persons described in subsection (b)
providing for assessment and identification by such persons of sites in
the coastal zone (as that term is defined in that Act) and in the
exclusive economic zone of the United States that are appropriate for
the location of facilities to generate renewable electric energy.
(b) Eligibility To Perform Assessments and Identification.--The
Secretary of Energy shall enter into agreements under subsection (a)
only with persons who do not and will not have any direct financial
interest in any offshore renewable electric energy generation project,
including State agencies referred to in subsection (a), local and
regional governments, and universities and other academic institutions.
(c) Consistency With Coastal Zone Management Programs.--For
purposes of section 307 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1456), any activity for the construction, operation, or
maintenance of a facility for offshore renewable electric energy
generation in a location that is identified under this section as
appropriate for that type of facility is deemed to be consistent with
the enforceable policies of any approved State coastal zone management
program of any affected coastal State.
SEC. 4. OFFSHORE ELECTRIC POWER GENERATION FUND.
(a) Establishment of Fund .--There is hereby established within the
Treasury of the United States a trust fund to be known as the Offshore
Electric Power Generation Trust Fund (hereinafter in this section
referred to as the ``Fund''), consisting of such amounts as may be
transferred to the Fund as provided in this section. Amounts in the
Fund may be used only to finance projects approved by the Secretary of
Energy under this section.
(b) Transfer of Amounts.--Subject to annual appropriations, the
Secretary of the Treasury shall transfer to the Fund out of the general
fund of the Treasury of the United States $100,000,000 for each fiscal
year after the enactment of this section.
(c) Investment of Fund Moneys.--
(1) In general.--It shall be the duty of the Secretary of
the Treasury to invest such portion of the Fund as is not, in
the Secretary's judgment, required to meet current withdrawals.
Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States. For
such purpose, such obligations may be acquired on original
issue at the issue price or by purchase of outstanding
obligations at the market price. Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(2) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the Fund.
(d) Availability of Amounts From Fund.--From amounts available in
the Fund (including any amounts not obligated in previous fiscal
years), the Secretary of Energy is authorized to provide grants to
private and public entities (or public-private partnerships) in the
United States to stimulate the development of offshore renewable
electric energy generation. The Secretary shall provide such grants
only to entities that themselves provide funds on a matching basis.
Such grants shall be provided for programs or projects that achieve one
or more of the following objectives:
(1) Technical research related to offshore energy
development.
(2) Planning and siting of offshore energy development
projects.
(3) Demonstration and pilot offshore renewable energy
generation projects, particularly those which may subsequently
be expanded to a commercial scale.
(4) Expansion, to a commercial scale, of demonstration and
pilot offshore renewable energy generation projects funded
under paragraph (3).
(5) Job training and career assistance under section 4.
(e) Designation of Sites.--The Secretary of Energy, in consultation
with the Governors of affected coastal States, and after public notice
and opportunity for comment, shall designate sites throughout the
coastlines of the United States that the Secretary finds provide the
greatest potential for being suitable and appropriate for the
development of offshore renewable energy generation. No funds may be
made available under this section for the planning, siting, or
development of any project that is not located in a site designated by
the Secretary under this section.
SEC. 5. OFFSHORE RENEWABLE ENERGY TECHNOLOGY DEVELOPMENT FUNDING.
(a) Offshore Site Assessment and Planning Assistance.--There is
authorized to be appropriated to the Secretary of Energy $25,000,000 to
assist coastal States in planning to identify appropriate sites for
offshore renewable energy projects, including sites appropriate for
demonstration and testing of offshore wind, wave, and tidal energy
technologies.
(b) Offshore Renewable Energy Technology Development Assistance.--
There is authorized to be appropriated $160,000,000 for offshore
renewable energy research and development, and technology development
assistance. Funds appropriated under this subsection shall be used to
promote advances in technology in collaboration with marine renewable
energy centers and technology manufacturers. Such funds may also be
used to provide infrastructure assistance for projects at sites that
are identified under section 3, that are approved in a State's coastal
zone management plan.
(c) Marine Renewable Energy Centers.--There is authorized to be
appropriated by the Secretary of Energy and the National Science
Foundation a total of $80,000,000 to establish and support marine
renewable energy centers. Funds appropriated under this subsection
shall be used to facilitate private- and public-sector collaborations
in offshore renewable energy. Marine renewable energy centers to which
such funds are provided shall use such funds to work with State
officials in planning and designation of offshore renewable energy
sites, identifying economic development opportunities for affected
coastal communities, and coordinating the establishment of test
centers.
(d) Marine Renewable Energy Testing.--There is authorized to be
appropriated to the Secretary of Energy $100,000,000 to establish and
support the testing and validation of offshore wave, wind, and tidal
energy technologies, including wind energy blades, offshore platforms,
and emerging offshore renewable energy technologies. Funds appropriated
under this subsection shall be used for the development and operation
of test center facilities, including in-water test sites, and for the
monitoring of the performance of technologies and of environmental
impacts for a period of 3 years.
(e) Streamlined Permit Projects.--There is authorized to be
appropriated to the Secretary of Interior $20,000,000 for streamlined
permitting for individual and multiple offshore renewable energy
technology demonstration sites and projects that promote closer science
and technology interaction with the Department of Energy, the National
Science Foundation, and other permit issuing agencies.
(f) Education, Outreach, Strategic Planning and Collaboration.--
There is authorized to be appropriated to the Secretary of Energy
$40,000,000 for other resources needed to address, through the National
Renewable Energy Laboratory, regional strategic planning, public
education, and outreach to promote a better public understanding of the
benefits of offshore renewable energy and to assess large-scale project
siting issues.
(g) Job Training and Career Program.--The Secretary of Energy may
carry out a program to provide job training and career assistance in
the offshore renewable generation industry. | Offshore Renewable Energy Development Act - Directs the Secretary of Energy to enter into agreements with specified persons to assess and identify sites in the coastal zone and in the exclusive economic zone of the United States for the location of facilities to generate renewable electric energy.
Restricts such agreements to persons with no direct financial interest in any offshore renewable electric energy generation project.
Establishes the Offshore Electric Power Generation Trust Fund to finance projects approved by the Secretary.
Authorizes the Secretary to: (1) provide grants from the Fund to domestic private and public entities to stimulate development of offshore renewable electric energy generation; and (2) implement a program to provide job training and career assistance in the offshore renewable generation industry.
Authorizes appropriations to: (1) assist coastal states in planning to identify sites for offshore renewable energy projects; (2) assist offshore renewable energy research and development, including technology development; (3) establish marine renewable energy centers and the testing and validation of offshore wave, wind, and tidal energy technologies; (4) streamline permitting for renewable energy technology that promotes technology interaction with certain permit issuing agencies; (5) address, through the National Renewable Energy Laboratory, regional strategic planning, public education, and outreach to promote improved public understanding of the benefits of offshore renewable energy; and (6) assess large-scale project siting issues. | {"src": "billsum_train", "title": "To provide for assessment and identification of sites as appropriate for the location of offshore renewable electric energy generation facilities, to provide funding for offshore renewable electric energy generation projects, and for other purposes."} | 2,313 | 268 | 0.503056 | 1.543422 | 0.767153 | 4.450382 | 8.454198 | 0.954198 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating the Opioid Epidemic
Through Forensic Drug Testing Act of 2017''.
SEC. 2. CONFRONTING THE USE OF HEROIN AND ASSOCIATED DRUGS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART LL--CONFRONTING THE USE OF HEROIN AND ASSOCIATED DRUGS
``SEC. 3021. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND
HEROIN DISTRIBUTION, SALE, AND USE.
``(a) Purpose.--The purpose of this section is to assist States and
Indian tribes to--
``(1) carry out programs to address the distribution, sale,
and use of heroin, fentanyl, and associated synthetic drugs;
and
``(2) improve the ability of State, tribal, and local
government institutions to carry out such programs.
``(b) Grant Authorization.--The Attorney General, through the
Bureau of Justice Assistance, may make grants to States to address the
distribution, sale, and use of heroin, fentanyl, and associated
synthetic drugs to enhance public safety.
``(c) Grant Projects To Address Distribution, Sale, and Use of
Heroin, Fentanyl, and Associated Synthetic Drugs.--Grants made under
subsection (b) may be used for programs, projects, and other activities
to--
``(1) reimburse State, local, or other forensic science
laboratories and medical examiner and coroner offices to--
``(A) help address backlogs of untested samples of
heroin, fentanyl, and associated synthetic drugs; and
``(B) conduct autopsies and toxicology testing
related to drug overdose deaths from suspected heroin,
fentanyl, and associated synthetic drugs;
``(2) reimburse State, local, or other forensic science
laboratories and medical examiner and coroner offices for
procuring equipment, technology, or other support systems if
the applicant for the grant demonstrates to the satisfaction of
the Attorney General that expenditures for such purposes would
result in improved efficiency of laboratory testing and help
prevent future backlogs;
``(3) reimburse State, tribal, and local law enforcement
agencies for procuring field-testing equipment for use in the
identification or detection of heroin, fentanyl, and associated
synthetic drugs;
``(4) investigate, arrest, and prosecute individuals
violating laws related to the distribution or sale of heroin,
fentanyl, and associated synthetic drugs; and
``(5) support State, tribal, and local health department
services deployed to address the use of heroin, fentanyl, and
associated synthetic drugs.
``(d) Limitation.--Not less than 60 percent of the amounts made
available to carry out this section shall be awarded for the purposes
under paragraph (1) or (2) of subsection (c).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2018, 2019, and 2020.
``(f) Allocation.--
``(1) Population allocation.--Seventy-five percent of the
amount made available to carry out this section in a fiscal
year shall be allocated to each State that meets the
requirements of section 2802 so that each State shall receive
an amount that bears the same ratio to the 75 percent of the
total amount made available to carry out this section for that
fiscal year as the population of the State bears to the
population of all States.
``(2) Discretionary allocation.--
``(A) In general.--Twenty-five percent of the
amount made available to carry out this section in a
fiscal year shall be allocated pursuant to the
discretion of the Attorney General for competitive
grants to States with high rates of primary treatment
admissions for heroin and other opioids, for use by
State law enforcement agencies.
``(B) Considerations.--In making grants under
subparagraph (A), the Attorney General shall consider--
``(i) the average annual number of part 1
violent crimes reported by each State to the
Federal Bureau of Investigation for the 3 most
recent calendar years for which data is
available; and
``(ii) the existing resources and current
needs of the potential grant recipient.
``(3) Minimum requirement.--Each State shall receive not
less than 0.6 percent of the amount made available to carry out
this section in each fiscal year.
``(4) Certain territories.--
``(A) In general.--For purposes of the allocation
under this section, American Samoa and the Commonwealth
of the Northern Mariana Islands shall be considered as
1 State.
``(B) Allocation amongst certain territories.--For
purposes of subparagraph (A), 67 percent of the amount
allocated shall be allocated to American Samoa and 33
percent shall be allocated to the Commonwealth of the
Northern Mariana Islands.''. | Combating the Opioid Epidemic Through Forensic Drug Testing Act of 2017 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice's Bureau of Justice Assistance to award grants to states to address the distribution, sale, and use of heroin, fentanyl, and associated synthetic drugs. Grants may be used to: reimburse forensic science laboratories and medical examiner and coroner offices for efforts to address and prevent testing backlogs and efforts to conduct autopsies and toxicology testing related to drug overdose deaths; reimburse law enforcement agencies for equipment to identify or detect heroin, fentanyl, and associated synthetic drugs; investigate, arrest, and prosecute distributors or sellers; and support health department services for users. | {"src": "billsum_train", "title": "Combating the Opioid Epidemic Through Forensic Drug Testing Act of 2017"} | 1,136 | 171 | 0.716361 | 2.029034 | 0.755063 | 5.036496 | 7.357664 | 0.890511 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community-Based Health Care
Retraining Act''.
SEC. 2. HEALTH PROFESSIONS TRAINING DEMONSTRATION PROJECT.
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C.
2916) is amended by adding at the end the following:
``(e) Health Professions Training Demonstration Project.--
``(1) Definitions.--In this subsection:
``(A) Covered community.--The term `covered
community' means a community or region that--
``(i) has experienced a significant
percentage decline in positions in the
manufacturing or service sectors; and
``(ii)(I) is eligible for designation under
section 332 of the Public Health Service Act
(42 U.S.C. 254e) as a health professional
shortage area;
``(II) is eligible to be served by a health
center under section 330 or a grantee under
section 330(h) (relating to homeless
individuals) of the Public Health Service Act
(42 U.S.C. 254b, 254b(h));
``(III) has a shortage of personal health
services, as determined under criteria issued
by the Secretary of Health and Human Services
under section 1861(aa)(2) of the Social
Security Act (relating to rural health clinics)
(42 U.S.C. 1395x(aa)(2)); or
``(IV) is designated by a Governor (in
consultation with the medical community) as a
shortage area or medically underserved
community.
``(B) Covered worker.--The term `covered worker'
means an individual who--
``(i)(I) has been terminated or laid off,
or who has received a notice of termination or
layoff, from employment in a manufacturing or
service sector;
``(II)(aa) is eligible for or has exhausted
entitlement to unemployment compensation; or
``(bb) has been employed for a duration
sufficient to demonstrate, to the appropriate
entity at a one-stop center referred to in
section 134(c), attachment to the workforce,
but is not eligible for unemployment
compensation due to insufficient earnings or
having performed services for an employer that
were not covered under a State unemployment
compensation law; and
``(III) is unlikely to return to a previous
industry or occupation; or
``(ii)(I) has been terminated or laid off,
or has received a notice of termination or
layoff, from employment in a manufacturing or
service sector as a result of any permanent
closure of, or any substantial layoff at, a
plant, facility, or enterprise; or
``(II) is employed in a manufacturing or
service sector at a facility at which the
employer has made a general announcement that
such facility will close within 180 days.
``(C) Health care professional.--The term `health
care professional'--
``(i) means an individual who is involved
with--
``(I) the delivery of health care
services, or related services,
pertaining to--
``(aa) the identification,
evaluation, and prevention of
diseases, disorders, or
injuries; or
``(bb) home-based or
community-based long-term care;
``(II) the delivery of dietary and
nutrition services; or
``(III) rehabilitation and health
systems management; and
``(ii) includes nurses, home health aides,
nursing assistants, physician assistants,
dental hygienists, diagnostic medical
sonographers, dietitians, medical
technologists, occupational therapists,
physical therapists, radiographers, respiratory
therapists, emergency medical service
technicians, and speech-language pathologists.
``(2) Establishment of project.--In accordance with
subsection (b), the Secretary shall establish and carry out a
health professions training demonstration project.
``(3) Grants.--In carrying out the project, the Secretary,
after consultation with the Secretary of Health and Human
Services, shall make grants to eligible entities to enable the
entities to carry out programs in covered communities to train
covered workers for employment as health care professionals.
The Secretary shall make each grant in an amount of not less
than $100,000 and not more than $500,000.
``(4) Eligible entities.--Notwithstanding subsection
(b)(2)(B), to be eligible to receive a grant under this
subsection to carry out a program in a covered community, an entity
shall be a partnership that is--
``(A) under the direction of a local workforce
investment board established under section 117 that is
serving the covered community; and
``(B) composed of members serving the covered
community, such as--
``(i) a community college;
``(ii) a vocational or technical school;
``(iii) a health clinic or hospital;
``(iv) a home-based or community-based
long-term care facility or program; or
``(v) a health care facility administered
by the Secretary of Veterans Affairs.
``(5) Applications.--To be eligible to receive a grant
under this subsection, an entity shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require, including, at a
minimum--
``(A) a proposal to use the grant funds to
establish or expand a training program in order to
train covered workers for employment as health care
professionals or paraprofessionals;
``(B) information demonstrating the need for the
training and support services to be provided through
the program;
``(C) information describing the manner in which
the entity will expend the grant funds, and the
activities to be carried out with the funds; and
``(D) information demonstrating that the entity
meets the requirements of paragraph (4).
``(6) Selection.--In making grants under paragraph (3), the
Secretary, after consultation with the Secretary of Health and
Human Services, shall select--
``(A) eligible entities submitting applications
that meet such criteria as the Secretary of Labor
determines to be appropriate; and
``(B) among such entities, the eligible entities
serving the covered communities with the greatest need
for the grants and the greatest potential to benefit
from the grants.
``(7) Use of funds.--
``(A) In General.--An entity that receives a grant
under this subsection shall use the funds made
available through the grant for training and support
services that meet the needs described in the
application submitted under paragraph (5), which may
include--
``(i) increasing capacity at an educational
institution or training center to train
individuals for employment as health
professionals, such as by--
``(I) expanding a facility, subject
to subparagraph (B);
``(II) expanding course offerings;
``(III) hiring faculty;
``(IV) providing a student loan
repayment program for the faculty;
``(V) establishing or expanding
clinical education opportunities;
``(VI) purchasing equipment, such
as computers, books, clinical supplies,
or a patient simulator; or
``(VII) conducting recruitment; or
``(ii) providing support services for
covered workers participating in the training,
such as--
``(I) providing tuition assistance;
``(II) establishing or expanding
distance education programs;
``(III) providing transportation
assistance; or
``(IV) providing child care.
``(B) Limitation.--To be eligible to use the funds
to expand a facility, the eligible entity shall
demonstrate to the Secretary in an application
submitted under paragraph (5) that the entity can
increase the capacity described in subparagraph (A)(i)
only by expanding the facility.
``(8) Funding.--Of the amounts appropriated to, and
available at the discretion of, the Secretary or the Secretary
of Health and Human Services for programmatic and
administrative expenditures, a total of $25,000,000 shall be
used to establish and carry out the demonstration project
described in paragraph (2) in accordance with this
subsection.''. | Community-Based Health Care Retraining Act - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to establish and carry out a health professions training demonstration project that awards grants to eligible entities to train certain unemployed workers from the manufacturing or service sector for employment as health care professionals in communities with manufacturing and service sector job loss, health professional shortages, or health services shortages, or those designated as a medically underserved community. | {"src": "billsum_train", "title": "A bill to establish a demonstration project to train unemployed workers for employment as health care professionals, and for other purposes."} | 1,798 | 99 | 0.529868 | 1.323434 | 1.241675 | 2.963855 | 20.361446 | 0.891566 |
SECTION 1. PROVISION OF TECHNICAL ASSISTANCE TO MICROENTERPRISES.
Title I of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding
at the end the following new subtitle:
``Subtitle C--Microenterprise Technical Assistance and Capacity
Building Program
``SEC. 171. SHORT TITLE.
``This subtitle may be cited as the `Program for Investment in
Microentrepreneurs Act of 1998', also referred to as the `PRIME Act'.
``SEC. 172. DEFINITIONS.
``For purposes of this subtitle--
``(1) the term `Administrator' has the same meaning as in
section 103;
``(2) the term `capacity building services' means services
provided to an organization that is, or is in the process of
becoming a microenterprise development organization or program,
for the purpose of enhancing its ability to provide training
and services to disadvantaged entrepreneurs;
``(3) the term `collaborative' means 2 or more nonprofit
entities that agree to act jointly as a qualified organization
under this subtitle;
``(4) the term `disadvantaged entrepreneur' means a
microentrepreneur that is--
``(A) a low-income person;
``(B) a very low-income person; or
``(C) an entrepreneur that lacks adequate access to
capital or other resources essential for business
success, or is economically disadvantaged, as
determined by the Administrator;
``(5) the term `Fund' has the same meaning as in section
103;
``(6) the term `Indian tribe' has the same meaning as in
section 103;
``(7) the term `intermediary' means a private, nonprofit
entity that seeks to serve microenterprise development
organizations and programs as authorized under section 175;
``(8) the term `low-income person' has the same meaning as
in section 103;
``(9) the term `microentrepreneur' means the owner or
developer of a microenterprise;
``(10) the term `microenterprise' means a sole
proprietorship, partnership, or corporation that--
``(A) has fewer than 5 employees; and
``(B) generally lacks access to conventional loans,
equity, or other banking services;
``(11) the term `microenterprise development organization
or program' means a nonprofit entity, or a program administered
by such an entity, including community development corporations
or other nonprofit development organizations and social service
organizations, that provides services to disadvantaged
entrepreneurs or prospective entrepreneurs;
``(12) the term `training and technical assistance' means
services and support provided to disadvantaged entrepreneurs or
prospective entrepreneurs, such as assistance for the purpose
of enhancing business planning, marketing, management,
financial management skills, and assistance for the purpose of
accessing financial services; and
``(13) the term `very low-income person' means having an
income, adjusted for family size, of not more than 150 percent
of the poverty line (as defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2),
including any revision required by that section).
``SEC. 173. ESTABLISHMENT OF PROGRAM.
``The Administrator shall establish a microenterprise technical
assistance and capacity building grant program to provide assistance
from the Fund in the form of grants to qualified organizations in
accordance with this subtitle.
``SEC. 174. USES OF ASSISTANCE.
``A qualified organization shall use grants made under this
subtitle--
``(1) to provide training and technical assistance to
disadvantaged entrepreneurs;
``(2) to provide training and capacity building services to
microenterprise development organizations and programs and
groups of such organizations to assist such organizations and
programs in developing microenterprise training and services;
``(3) to aid in researching and developing the best
practices in the field of microenterprise and technical
assistance programs for disadvantaged entrepreneurs; and
``(4) for such other activities as the Administrator
determines are consistent with the purposes of this subtitle.
``SEC. 175. QUALIFIED ORGANIZATIONS.
``For purposes of eligibility for assistance under this subtitle, a
qualified organization shall be--
``(1) a nonprofit microenterprise development organization
or program (or a group or collaborative thereof) that has a
demonstrated record of delivering microenterprise services to
disadvantaged entrepreneurs;
``(2) an intermediary;
``(3) a microenterprise development organization or program
that is accountable to a local community, working in
conjunction with a State or local government or Indian tribe;
or
``(4) an Indian tribe acting on its own, if the Indian
tribe can certify that no private organization or program
referred to in this paragraph exists within its jurisdiction.
``SEC. 176. ALLOCATION OF ASSISTANCE; SUBGRANTS.
``(a) Allocation of Assistance.--
``(1) In general.--The Administrator shall allocate
assistance from the Fund under this subtitle to ensure that--
``(A) activities described in section 174(1) are
funded using not less than 75 percent of amounts made
available for such assistance; and
``(B) activities described in section 174(2) are
funded using not less than 15 percent of amounts made
available for such assistance.
``(2) Limit on individual assistance.--No single
organization or entity may receive more than 10 percent of the
total funds appropriated under this subtitle in a single fiscal
year.
``(b) Targeted Assistance.--The Administrator shall ensure that not
less than 50 percent of the grants made under this subtitle are used to
benefit very low-income persons, including those residing on Indian
reservations.
``(c) Subgrants Authorized.--
``(1) In general.--A qualified organization receiving
assistance under this subtitle may provide grants using that
assistance to qualified small and emerging microenterprise
organizations and programs, subject to such rules and
regulations as the Administrator determines to be appropriate.
``(2) Limit on administrative expenses.--Not more than 7.5
percent of assistance received by a qualified organization
under this subtitle may be used for administrative expenses in
connection with the making of subgrants under paragraph (1).
``(d) Diversity.--In making grants under this subtitle, the
Administrator shall ensure that grant recipients include both large and
small microenterprise organizations, serving urban, rural, and Indian
tribal communities and racially and ethnically diverse populations.
``SEC. 177. MATCHING REQUIREMENTS.
``(a) In General.--Financial assistance under this subtitle shall
be matched with funds from sources other than the Federal Government on
the basis of not less than 50 percent of each dollar provided by the
Fund.
``(b) Sources of Matching Funds.--Fees, grants, gifts, funds from
loan sources, and in-kind resources of a grant recipient from public or
private sources may be used to comply with the matching requirement in
subsection (a).
``(c) Exception.--
``(1) In general.--In the case of an applicant for
assistance under this subtitle with severe constraints on
available sources of matching funds, the Administrator may
reduce or eliminate the matching requirements of subsection
(a).
``(2) Limitation.--Not more than 10 percent of the total
funds made available from the Fund in any fiscal year to carry
out this subtitle may be excepted from the matching
requirements of subsection (a), as authorized by paragraph (1)
of this subsection.
``SEC. 178. APPLICATIONS FOR ASSISTANCE.
``An application for assistance under this subtitle shall be
submitted in such form and in accordance with such procedures as the
Fund shall establish.
``SEC. 179. RECORDKEEPING.
``The requirements of section 115 shall apply to a qualified
organization receiving assistance from the Fund under this subtitle as
if it were a community development financial institution receiving
assistance from the Fund under subtitle A.
``SEC. 180. AUTHORIZATION.
``In addition to funds otherwise authorized to be appropriated to
the Fund to carry out this title, there are authorized to be
appropriated to the Fund to carry out this subtitle--
``(1) $15,000,000 for fiscal year 1999;
``(2) $25,000,000 for fiscal year 2000;
``(3) $30,000,000 for fiscal year 2001; and
``(4) $35,000,000 for fiscal year 2002.
``SEC. 181. IMPLEMENTATION.
``The Administrator shall, by regulation, establish such
requirements as may be necessary to carry out this subtitle.''.
SEC. 2. ADMINISTRATIVE EXPENSES.
Section 121(a)(2)(A) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4718(a)(2)(A)) is
amended--
(1) by striking ``$5,550,000'' and inserting
``$6,100,000''; and
(2) in the first sentence, by inserting before the period
``, including costs and expenses associated with carrying out
subtitle C''.
SEC. 3. CONFORMING AMENDMENTS.
Section 104(d) of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4703(d)) is amended--
(1) in paragraph (2)--
(A) by striking ``15'' and inserting ``17'';
(B) in subparagraph (G)--
(i) by striking ``9'' and inserting ``11'';
(ii) by redesignating clauses (iv) and (v)
as clauses (v) and (vi), respectively; and
(iii) by inserting after clause (iii) the
following:
``(iv) 2 individuals who have expertise in
microenterprises and microenterprise
development;''; and
(2) in paragraph (4), in the first sentence, by inserting
before the period ``and subtitle C''. | Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1998. Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified non profit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations.
Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Mandates matching funds from non-Federal sources.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to authorize qualified organizations to provide technical assistance and capacity building services to microenterprise development organizations and programs and to disadvantaged entrepreneurs using funds from the Community Development Financial Institutions Fund, and for other purposes."} | 2,253 | 229 | 0.68083 | 1.930169 | 1.015958 | 3.762162 | 11.07027 | 0.886486 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resolving Environmental and Grid
Reliability Conflicts Act of 2015''.
SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT.
(a) Compliance With or Violation of Environmental Laws While Under
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C.
824a(c)) is amended--
(1) in the first sentence, by striking ``(c) During'' and
inserting the following:
``(c) Authorization During War or Emergency.--
``(1) In general.--During''; and
(2) by adding at the end the following:
``(2) Limitation as result of conflict with environmental
law.--With respect to an order issued under this subsection
that may result in a conflict with a requirement of any
Federal, State, or local environmental law (including
regulations), the Commission shall ensure that the order--
``(A) requires generation, delivery, interchange,
or transmission of electric energy only during hours
necessary to meet the emergency and serve the public
interest; and
``(B) to the maximum extent practicable--
``(i) is consistent with any applicable
Federal, State, or local environmental law
(including regulations); and
``(ii) minimizes any adverse environmental
impacts.
``(3) Compliance not considered violation of other law.--To
the extent that any omission or action taken by a party that is
necessary to comply with an order issued under this subsection,
including any omission or action taken to voluntarily comply
with the order, results in noncompliance with, or causes the
party to not comply with, any Federal, State, or local
environmental law (including regulations), the omission or
action shall not--
``(A) be considered a violation of that
environmental law (including regulations); or
``(B) subject the party to any requirement, civil
or criminal liability, or a citizen suit under that
environmental law or regulation.
``(4) Expiration of order; renewal.--
``(A) Expiration.--An order issued under this
subsection that may result in a conflict as described
in paragraph (3) shall expire not later than 90 days
after that order is issued.
``(B) Renewal.--The Commission may renew or reissue
an order described in subparagraph (A) pursuant to
paragraphs (1) and (2) for subsequent periods, not to
exceed 90 days for each period, as the Commission
determines necessary to meet the emergency and serve
the public interest.
``(C) Consultation.--In renewing or reissuing an
order under subparagraph (A) or (B), the Commission--
``(i) shall consult with the primary
Federal agency with expertise in the
environmental interest protected by the law or
regulation in conflict; and
``(ii)(I) shall include in any renewed or
reissued order such conditions as that Federal
agency determines necessary to minimize any
adverse environmental impacts to the maximum
extent practicable; or
``(II) may exclude from the renewed or
reissued order any condition if the
Commission--
``(aa) determines the condition
would prevent the order from adequately
addressing the emergency necessitating
the order; and
``(bb) provides in the order, or
otherwise makes publicly available, an
explanation of that determination.
``(D) Public availability.--Any conditions
submitted by the Federal agency under subparagraph
(C)(ii) shall be made available to the public.
``(5) Effect of court action.--If an order issued under
this subsection is subsequently stayed, modified, or set aside
by a court pursuant to section 313 or any other provision of
law, any omission or action previously taken by a party that
was necessary to comply with the order while the order was in
effect, including any omission or action taken to voluntarily
comply with the order, shall remain subject to paragraph
(3).''.
(b) Temporary Connection or Construction by Municipalities.--
Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended
in the matter preceding the first proviso by inserting ``or
municipality'' before ``engaged in the transmission or sale of electric
energy''. | Resolving Environmental and Grid Reliability Conflicts Act of 2015 This bill amends the Federal Power Act with respect to orders by the Federal Energy Regulatory Commission (FERC) to generate, transmit, or sell electricity to prevent an emergency in energy reliability, where the order may result in a conflict with environmental law. FERC must ensure that the order: (1) requires generation, delivery, interchange, or transmission of electricity only during hours necessary to meet the emergency and serve the public interest; and (2) be consistent with applicable environmental law and minimize any adverse environmental impacts to the maximum extent practicable. Compliance with such an order shall not be considered a violation of conflicting federal, state, or local environmental laws. Orders that may result in a conflict with environmental law must expire within 90 days and may be renewed or reissued for subsequent periods as necessary to meet the emergency and serve the public interest. During an emergency, a municipality engaged in the transmission or sale of electricity and not otherwise subject to FERC's jurisdiction may make temporary connections with public utilities subject to FERC's jurisdiction and construct temporary facilities for the transmission of electricity in interstate commerce as may be necessary or appropriate to meet the emergency. | {"src": "billsum_train", "title": "Resolving Environmental and Grid Reliability Conflicts Act of 2015"} | 972 | 256 | 0.65229 | 1.885278 | 0.883217 | 3.168831 | 3.813853 | 0.848485 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Email Privacy Act''.
SEC. 2. VOLUNTARY DISCLOSURE CORRECTIONS.
(a) In General.--Section 2702 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``divulge'' and inserting
``disclose'';
(ii) by striking ``while in electronic
storage by that service'' and inserting ``that
is in electronic storage with or otherwise
stored, held, or maintained by that service'';
(B) in paragraph (2)--
(i) by striking ``to the public'';
(ii) by striking ``divulge'' and inserting
``disclose''; and
(iii) by striking ``which is carried or
maintained on that service'' and inserting
``that is stored, held, or maintained by that
service''; and
(C) in paragraph (3)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``a provider of'' and
inserting ``a person or entity providing'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``wire or electronic'' before
``communication'';
(B) by amending paragraph (1) to read as follows:
``(1) to an originator, addressee, or intended recipient of
such communication, to the subscriber or customer on whose
behalf the provider stores, holds, or maintains such
communication, or to an agent of such addressee, intended
recipient, subscriber, or customer;''; and
(C) by amending paragraph (3) to read as follows:
``(3) with the lawful consent of the originator, addressee,
or intended recipient of such communication, or of the
subscriber or customer on whose behalf the provider stores,
holds, or maintains such communication;'';
(3) in subsection (c) by inserting ``wire or electronic''
before ``communications'';
(4) in each of subsections (b) and (c), by striking
``divulge'' and inserting ``disclose''; and
(5) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) with the lawful consent of the subscriber or
customer;''.
SEC. 3. AMENDMENTS TO REQUIRED DISCLOSURE SECTION.
Section 2703 of title 18, United States Code, is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) Contents of Wire or Electronic Communications in Electronic
Storage.--Except as provided in subsections (i) and (j), a governmental
entity may require the disclosure by a provider of electronic
communication service of the contents of a wire or electronic
communication that is in electronic storage with or otherwise stored,
held, or maintained by that service only if the governmental entity
obtains a warrant issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State court, issued
using State warrant procedures) that--
``(1) is issued by a court of competent jurisdiction; and
``(2) may indicate the date by which the provider must make
the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by which
the provider must make disclosure to the governmental entity, the
provider shall promptly respond to the warrant.
``(b) Contents of Wire or Electronic Communications in a Remote
Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by a
provider of remote computing service of the contents of a wire
or electronic communication that is stored, held, or maintained
by that service only if the governmental entity obtains a
warrant issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) that--
``(A) is issued by a court of competent
jurisdiction; and
``(B) may indicate the date by which the provider
must make the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by
which the provider must make disclosure to the governmental
entity, the provider shall promptly respond to the warrant.
``(2) Applicability.--Paragraph (1) is applicable with
respect to any wire or electronic communication that is stored,
held, or maintained by the provider--
``(A) on behalf of, and received by means of
electronic transmission from (or created by means of
computer processing of communication received by means
of electronic transmission from), a subscriber or
customer of such remote computing service; and
``(B) solely for the purpose of providing storage
or computer processing services to such subscriber or
customer, if the provider is not authorized to access
the contents of any such communications for purposes of
providing any services other than storage or computer
processing.
``(c) Records Concerning Electronic Communication Service or Remote
Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by a
provider of electronic communication service or remote
computing service of a record or other information pertaining
to a subscriber to or customer of such service (not including
the contents of wire or electronic communications), only--
``(A) if a governmental entity obtains a warrant
issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State
court, issued using State warrant procedures) that--
``(i) is issued by a court of competent
jurisdiction directing the disclosure; and
``(ii) may indicate the date by which the
provider must make the disclosure to the
governmental entity;
``(B) if a governmental entity obtains a court
order directing the disclosure under subsection (d);
``(C) with the lawful consent of the subscriber or
customer; or
``(D) as otherwise authorized in paragraph (2).
``(2) Subscriber or customer information.--A provider of
electronic communication service or remote computing service
shall, in response to an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil
discovery subpoena, or any means available under paragraph (1),
disclose to a governmental entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection
records, or records of session times and durations;
``(D) length of service (including start date) and
types of service used;
``(E) telephone or instrument number or other
subscriber or customer number or identity, including
any temporarily assigned network address; and
``(F) means and source of payment for such service
(including any credit card or bank account number);
of a subscriber or customer of such service.
``(3) Notice not required.--A governmental entity that
receives records or information under this subsection is not
required to provide notice to a subscriber or customer.'';
(2) in subsection (d)--
(A) by striking ``(b) or'';
(B) by striking ``the contents of a wire or
electronic communication, or'';
(C) by striking ``sought,'' and inserting
``sought''; and
(D) by striking ``section'' and inserting
``subsection''; and
(3) by adding at the end the following:
``(h) Notice.--Except as provided in section 2705, a provider of
electronic communication service or remote computing service may notify
a subscriber or customer of a receipt of a warrant, court order,
subpoena, or request under subsection (a), (b), (c), or (d) of this
section.
``(i) Rule of Construction Related to Legal Process.--Nothing in
this section or in section 2702 shall limit the authority of a
governmental entity to use an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil discovery
subpoena, or a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) by a court of competent
jurisdiction to--
``(1) require an originator, addressee, or intended
recipient of a wire or electronic communication to disclose a
wire or electronic communication (including the contents of
that communication) to the governmental entity;
``(2) require a person or entity that provides an
electronic communication service to the officers, directors,
employees, or agents of the person or entity (for the purpose
of carrying out their duties) to disclose a wire or electronic
communication (including the contents of that communication) to
or from the person or entity itself or to or from an officer,
director, employee, or agent of the entity to a governmental
entity, if the wire or electronic communication is stored,
held, or maintained on an electronic communications system
owned, operated, or controlled by the person or entity; or
``(3) require a person or entity that provides a remote
computing service or electronic communication service to
disclose a wire or electronic communication (including the
contents of that communication) that advertises or promotes a
product or service and that has been made readily accessible to
the general public.
``(j) Rule of Construction Related to Congressional Subpoenas.--
Nothing in this section or in section 2702 shall limit the power of
inquiry vested in the Congress by Article I of the Constitution of the
United States, including the authority to compel the production of a
wire or electronic communication (including the contents of a wire or
electronic communication) that is stored, held, or maintained by a
person or entity that provides remote computing service or electronic
communication service.''.
SEC. 4. DELAYED NOTICE.
Section 2705 of title 18, United States Code, is amended to read as
follows:
``Sec. 2705. Delayed notice
``(a) In General.--A governmental entity acting under section 2703
may apply to a court for an order directing a provider of electronic
communication service or remote computing service to which a warrant,
order, subpoena, or other directive under section 2703 is directed not
to notify any other person of the existence of the warrant, order,
subpoena, or other directive.
``(b) Determination.--A court shall grant a request for an order
made under subsection (a) for delayed notification of up to 180 days if
the court determines that there is reason to believe that notification
of the existence of the warrant, order, subpoena, or other directive
will likely result in--
``(1) endangering the life or physical safety of an
individual;
``(2) flight from prosecution;
``(3) destruction of or tampering with evidence;
``(4) intimidation of potential witnesses; or
``(5) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
``(c) Extension.--Upon request by a governmental entity, a court
may grant one or more extensions, for periods of up to 180 days each,
of an order granted in accordance with subsection (b).''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed to preclude the acquisition by the United States Government
of--
(1) the contents of a wire or electronic communication
pursuant to other lawful authorities, including the authorities
under chapter 119 of title 18 (commonly known as the ``Wiretap
Act''), the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), or any other provision of Federal law not
specifically amended by this Act; or
(2) records or other information relating to a subscriber
or customer of any electronic communication service or remote
computing service (not including the content of such
communications) pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119
of title 18 (commonly known as the ``Wiretap Act''), or any
other provision of Federal law not specifically amended by this
Act.
Passed the House of Representatives April 27, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Email Privacy Act (Sec. 2)This bill amends the Electronic Communications Privacy Act of 1986 tomake a series of technical changes to clarify that the voluntary disclosure prohibitions and exceptions to such prohibitions apply to the content of communications regardless of whether the communications are held in storage or have been read. (Sec. 3)Additionally, the bill amends the Electronic Communications Privacy Act of 1986 to revise the standards for when a governmental entity may compel disclosure of communications content from a third party service provider.The bill removes the authority of a government entity to acquire the contents of a communication with a court order.Thegovernment must have a warrant to acquire the contents of a communication from a third party provider.A governmental entity that receives a subscriber'srecords or information from a provider is not required to provide notice to such person; however, a provider may notify a subscriberof a request to disclose information to the government. (Sec. 4)A governmental entity may apply for a court order directing a provider, for up to 180 days, to refrain from notifying any person that the provider has been required to disclose communications or records. Additionally, a governmental entity is allowed to seek one or more extensions of the delayed-notice order for periods of up to 180 days each.The government does not have to demonstrate with certainty that an adverse result will occur from notification; it only has to demonstrate that an adverse result is likely to occur. | {"src": "billsum_train", "title": "Email Privacy Act"} | 2,814 | 328 | 0.468733 | 1.419181 | 0.647122 | 1.776952 | 9.873606 | 0.802974 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Clearance Reform Act of
2014''.
SEC. 2. SECURITY CLEARANCE PROCESS REFORM PLAN.
(a) Plan.--Not later than 6 months after the date of enactment of
this Act, the President shall submit a strategic plan to the
appropriate congressional committees to improve security clearance and
background investigation activities carried out by the Federal
Government.
(b) Contents of Plan.--The plan submitted under subsection (a)
shall--
(1) develop and establish a continuous evaluation or
monitoring system that shall--
(A) on a continual basis, access Federal, State,
and local government and commercially available
information, including financial credit history,
currency transactions, court records, traffic
violations, arrest records, terrorist and criminal
watch lists, foreign travel, and online social media;
(B) provide real-time updates or notifications with
respect to information relevant to adjudication
guidelines concerning whether a cleared individual is
eligible for such individual's security clearance; and
(C) reduce or eliminate the scope or schedule of
any periodic reinvestigation of a cleared individual;
(2) ensure that--
(A) the background of each cleared individual is
monitored on a continual basis; and
(B) any covered individual who is not a cleared
individual is not subject to continuous evaluation or
monitoring;
(3) ensure the effective, efficient, and timely completion
of background investigations relating to a covered individual's
eligibility for a security clearance;
(4) improve procedures to require information sharing
between agencies concerning--
(A) potentially derogatory security information
regarding a covered individual that may impact the
eligibility of any such individual for a security
clearance; and
(B) adjudications with respect to any covered
individual;
(5) enhance cooperation and information sharing between any
State or local law enforcement agency and any agency;
(6) enhance methods for reducing or eliminating manual
processes with respect to security clearance background
investigations, and automating and integrating the elements of
such investigations and adjudication processes, including--
(A) the security clearance application process;
(B) field investigator reporting;
(C) investigation case management;
(D) the collection, analysis, storage, retrieval,
and transfer of data and records;
(E) the submission of any background investigation
report to an agency for adjudication; and
(F) records management for security clearance
adjudication determinations;
(7) reduce or eliminate the use of databases and
information sources that cannot be accessed and processed
electronically, or modify such databases and information
sources to enable electronic access and processing;
(8) increase the use of digitally processed fingerprints as
a substitute for ink or paper prints to reduce error rates and
improve portability of data;
(9) develop Federal Government-wide performance measures,
based on the Federal Investigative Standards (as promulgated by
the Director and the Director of National Intelligence), to
measure the quality of background investigations conducted by
the Federal Government;
(10) require that, with respect to any background
investigation activities, a Federal employee conducts--
(A) any final quality or integrity assurance review
conducted by an agency of a background investigation;
(B) any interview of a covered individual with
respect to a background investigation; and
(C) any background investigation of a covered
individual to determine the person's eligibility for a
security clearance at the Top Secret level or higher;
(11) develop procedures that ensure that any information
collected pursuant to the plan with respect to a covered
individual, including information collected from online social
media, shall be verified for authenticity; and
(12) provide a detailed description of the estimated costs
of implementing the plan.
(c) Delegation.--The President may select at least one agency to
develop or implement the plan required under this section. In the
preceding sentence, the term ``agency'' means--
(1) any agency as that term is defined in section 6(1), but
does not include any military department (as that term is
defined in section 102 of title 5, United States Code); or
(2) the Suitability and Security Clearance Performance
Accountability Council (as established by Executive Order No.
13467).
(d) Levels of Scrutiny.--The plan required under this section may
require different levels of continuous evaluation scrutiny with respect
to Confidential, Secret, or Top Secret or higher security clearances.
(e) Use of Pre-Existing Systems or Databases.--In carrying out the
requirements of this section, the President may incorporate or enhance
any systems or databases operated by the Federal Government, including
the database established under section 3001(e) of Public Law 108-458.
(f) Implementation.--The President shall fully implement the plan
required under this section not later than 1 year after the date of
submission of such plan to the appropriate congressional committees.
SEC. 3. ORGANIZATIONAL CONFLICT OF INTEREST.
Beginning on the date of the enactment of this Act for contracts
entered into after such date, the Director of the Office of Personnel
Management may not award a contract for--
(1) investigative support services to an entity if that
entity also has, at the time of award of the contract or at any
time during the performance of the contract, another contract
in effect with the Federal Government (or with another
contractor of the Government at any tier) to provide background
investigation fieldwork services; or
(2) background investigation fieldwork services to an
entity if that entity also has, at the time of award of the
contract or at any time during the performance of the contract,
another contract in effect with the Federal Government (or with
another contractor of the Government at any tier) to provide
investigative support services.
SEC. 4. STATE AND LOCAL COOPERATION.
(a) Report.--Not later than 90 days after the date of enactment of
this Act and each year thereafter, the Director shall submit a report
to the appropriate congressional committees listing any State or local
entity covered by the definition of ``criminal justice agency'' in
section 9101(a)(1) of title 5, United State Code, that has failed to
cooperate with three or more requests of the Director issued under
section 9101(b)(1) of such title.
(b) Withholding of Byrne-JAG Funds.--
(1) In general.--For any fiscal year after fiscal year
2015, a jurisdiction that fails, as determined by the Director
to substantially comply with criminal history record
information requests shall not receive the percentage specified
in paragraph (2) of the funds that would otherwise be allocated
for the subsequent fiscal year to the jurisdiction under
subpart 1 of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). The Director
shall provide the Attorney General with a list of any
jurisdictions that failed to substantially comply with the
criminal history record information requests in the prior
fiscal year and the Attorney General shall make the appropriate
amount of reductions.
(2) Applicable percentages.--The applicable percentages are
as follows:
(A) First year of noncompliance.--Except as
provided in subparagraph (B), for each fiscal year that
a jurisdiction fails to substantially comply with
criminal history record information requests, the
percentage specified is 10 percent.
(B) Subsequent year of noncompliance.--For each
succeeding consecutive fiscal year after a fiscal year
referred to in subparagraph (A) that a jurisdiction
fails to substantially comply with criminal history
record information requests, the percentage specified
is 10 percent multiplied by the number of such
consecutive fiscal years that the jurisdiction has
failed to substantially comply with criminal history
record information requests (not to exceed 100
percent).
(3) Reallocation.--Amounts not allocated under a program
referred to in this section to a jurisdiction for failure to
substantially comply with criminal history record information
requests, shall be reallocated under that program to
jurisdictions that have not failed to substantially comply with
criminal history record information requests, or may be
reallocated to a jurisdiction from which they were withheld to
be used solely for the purpose of complying with section
9101(b)(1) of title 5, United States Code.
(4) Noncompliance.--For purposes of this subsection, the
term ``fails to substantially comply with criminal history
record information requests'' means failure to comply with 3 or
more requests received during a fiscal year under section
9101(b)(1) of title 5, United States Code, during that fiscal
year.
(5) Rule of attribution.--In the case of a jurisdiction
that fails to substantially comply with criminal history record
information requests, if that jurisdiction is subject to the
requirements of section 505(d)(4) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3755(d)(4)), then the
amount of funds that would be provided to other jurisdictions
that are party to the joint application required under such
section 505(d)(4) may not be reduced and only the funds for the
jurisdiction that has failed to substantially comply may be
reduced.
(c) Requests From Contractors Acting on Behalf of Covered Agencies;
Clarification of Police Records.--Section 9101 of title 5, United
States Code, is amended--
(1) by adding at the end the following new subsection:
``(g) Criminal justice agencies shall accept and comply with
requests for criminal history record information pursuant to this
section regardless of whether a request is submitted directly by a
covered agency or by a contractor of a covered agency acting on the
agency's behalf.''; and
(2) in subsection (a)(2),
(A) after ``criminal charges'', by inserting the
following: ``(including descriptions of the incidents
or events leading to or on which the arrests,
indictments, informations, or other formal charges are
based)''; and
(B) by adding at the end the following: ``The term
also includes information pertaining to arrests that do
not result in the arrestee being charged with or
convicted of a criminal offense.''.
SEC. 5. REPORTS.
(a) Quality Review.--Not later than 90 days after the date of
submission of the plan under section 2 and each year thereafter, the
Director shall submit a report to the appropriate congressional
committees that--
(1) evaluates the quality of background investigations
conducted by OPM during the previous year based on the
performance measures developed pursuant to the plan submitted
under section 2; and
(2) includes information on the percentage of background
investigations conducted by OPM that meet Federal Investigative
Standards (as promulgated by the Director and the Director of
National Intelligence).
(b) Reports Under the Intelligence Reform and Terrorism Prevention
Act of 2004.--Section 3001(h)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(h)(1)) is amended by
striking ``through 2011''.
SEC. 6. DEFINITIONS.
In this Act:
(1) Agency.--Except as provided otherwise in this Act, the
term ``agency'' has the meaning given that term in section
3001(a)(1) of Public Law 108-458 and includes the United States
Postal Service and the Postal Regulatory Commission.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Oversight and Government
Reform of the House of Representatives;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(D) the Select Committee on Intelligence of the
Senate.
(3) Background investigation.--The term ``background
investigation'' means any investigation or reinvestigation
required for the purpose of determining whether a covered
individual may hold a security clearance issued by an agency.
(4) Background investigation fieldwork services.--The term
``background investigation fieldwork services'' means the
investigatory fieldwork conducted to determine a covered
individual's eligibility for a security clearance, including
interviews of the applicant or friends and family of such
applicant, reviews of educational or employment records, law
checks, or reviews of credit history.
(5) Cleared individual.--The term ``cleared individual''
means an individual, including any employee of an agency,
member of the uniformed services, contractor of an agency, or
individual employee of such a contractor, who holds a valid
security clearance issued by an agency.
(6) Covered individual.--The term ``covered individual''
means an individual, including any employee of an agency,
member of the uniformed services, contractor of an agency, or
individual employee of such a contractor, who--
(A) is being considered by an agency for a security
clearance; or
(B) is a cleared individual.
(7) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(8) Federal employee.--The term ``Federal employee'' has
the meaning given the term ``employee'' in section 2105 of
title 5, United States Code, and includes--
(A) any member of the uniformed services; and
(B) any officer or employee of the United States
Postal Service or the Postal Regulatory Commission.
(9) Investigative support services.--The term
``investigative support services'' means the clerical,
administrative, and technical support services provided to
various functions critical to the background investigative
process, including initial processing and scheduling of
investigative requests, performing file maintenance, imaging
case documents, processing mail, performing quality review of
background investigations, and executing case closing
processes.
(10) Jurisdiction.--The term ``jurisdiction'' means a State
or unit of local government, as such terms are defined in
section 901 of the Omnibus Crime Control and Safe Streets Act
of 1968.
(11) OPM.--The term ``OPM'' means the Office of Personnel
Management. | Security Clearance Reform Act of 2014 - Directs the President to submit a strategic plan to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs and the intelligence committees of Congress (appropriate congressional committees) to improve security clearance and background investigation activities. Sets forth the required contents of such plan, including the development of a continuous evaluation or monitoring system of information used for security clearances, improvement of information sharing procedures between agencies, and the reduction or elimination of databases and information sources that cannot be accessed and processed electronically. Prohibits the Director of the Office of Personnel Management (OPM) from awarding a contract to any entity for investigative support services or background investigation fieldwork services if such entity has another contract in effect with the federal government to provide such services. Requires the OPM Director to report to the appropriate congressional committees listing any state or local entity covered by the definition of "criminal justice agency" that has failed to cooperate with three or more criminal history record information requests of the Director. Reduces criminal justice grant funding to state and local entities that fail to substantially comply with such requests. | {"src": "billsum_train", "title": "Security Clearance Reform Act of 2014"} | 3,074 | 278 | 0.504825 | 1.682147 | 0.854559 | 3.195238 | 13.480952 | 0.9 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reduce and End our
Deficits Using Commonsense Eliminations in the Treas-HUD and OPIC
Programs Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TREASURY SAVINGS
Sec. 101. Limitations on obligation of funds for Bureau of the Public
Debt and Financial Management Service.
Sec. 102. Electronic pay stubs for Treasury employees.
Sec. 103. Termination of advanced earned income credit.
TITLE II--HUD SAVINGS
Sec. 201. Rent subsidies under HUD section 8 housing choice voucher
program for one-person households.
TITLE III--OPIC TERMINATION
Sec. 301. Short title.
Sec. 302. Termination of Overseas Private Investment Corporation.
Sec. 303. Savings provisions.
Sec. 304. Technical and conforming amendments.
TITLE I--TREASURY SAVINGS
SEC. 101. LIMITATIONS ON OBLIGATION OF FUNDS FOR BUREAU OF THE PUBLIC
DEBT AND FINANCIAL MANAGEMENT SERVICE.
(a) Bureau of Public Debt.--The total amount obligated in each of
fiscal years 2011 through 2015 by the Bureau of the Public Debt in the
Department of the Treasury shall not exceed $186,244,000.
(b) Financial Management Service.--The total amount obligated in
each of fiscal years 2011 through 2015 by the Financial Management
Service in the Department of the Treasury shall not exceed
$235,132,000.
SEC. 102. ELECTRONIC PAY STUBS FOR TREASURY EMPLOYEES.
(a) In General.--For pay periods ending in fiscal year 2011 and any
fiscal year thereafter, the Secretary of the Treasury shall, in
coordination with the Office of Personnel Management, issue electronic
pay stubs to employees of the Department of the Treasury who receive
their pay by electronic funds transfer.
(b) Electronic Funds Transfer Defined.--For purposes of this
section, the term ``electronic funds transfer'' has the meaning given
such term by section 3332 of title 31, United States Code.
SEC. 103. TERMINATION OF ADVANCED EARNED INCOME CREDIT.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986 is
amended by striking section 3507 (relating to advance payment of earned
income credit).
(b) Conforming Amendments.--
(1) Section 32 of such Code is amended by striking
subsection (g).
(2) Section 6012(a) of such Code is amended by striking
paragraph (8) and redesignating paragraph (9) as paragraph (8).
(3) Section 6051(a) of such Code is amended by striking
paragraph (7).
(4) Section 6302 of such Code is amended by striking
subsection (i).
(5) The table of sections for chapter 25 of such Code is
amended by striking the item relating to section 3507.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
TITLE II--HUD SAVINGS
SEC. 201. RENT SUBSIDIES UNDER HUD SECTION 8 HOUSING CHOICE VOUCHER
PROGRAM FOR ONE-PERSON HOUSEHOLDS.
Paragraph (1) of section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(1)) is amended by adding at the end the
following new subparagraph:
``(F) Single person families.--In determining the amount of
monthly assistance under this subsection for any family that
consists of a single person who is initially provided such
assistance after the date of the enactment of the Reduce and
End our Deficits Using Commonsense Eliminations in the Treas-
HUD and OPIC Programs Act or who moves to a new dwelling unit
after such date of enactment, the payment standard used shall
be the payment standard for the market area for an efficiency
dwelling unit and the payment standard for a one-bedroom
dwelling unit or any larger dwelling unit may not be used.''.
TITLE III--OPIC TERMINATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``OPIC Repeal Act''.
SEC. 302. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Termination of Authority To Make New Obligations.--
(1) Termination of authority.--Effective on the date of the
enactment of this Act, the Overseas Private Investment
Corporation shall not issue any insurance, guaranties, or
reinsurance, make any loan, or acquire any securities, under
section 234 of the Foreign Assistance Act of 1961, enter into
any agreements for any other activity authorized by such
section 234, or enter into risk sharing arrangements authorized
by section 234A of that Act.
(2) Preservation of existing contracts and agreements.--
Paragraph (1) does not require the termination of any contract
or other agreement entered into before the date of the
enactment of this Act.
(b) Termination of OPIC.--Effective September 30, 2011, the
Overseas Private Investment Corporation is abolished.
(c) Transfer of Operations to AID.--The Administrator of the Agency
for International Development shall, effective October 1, 2011, perform
the functions of the Overseas Private Investment Corporation with
respect to contracts and agreements described in subsection (a)(2)
until the expiration of such contracts and agreements, but shall not
renew any such contract or agreement. The Administrator shall take the
necessary steps to wind up the affairs of the Corporation.
(d) Repeal of Authorities.--Effective September 30, 2011, title IV
of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2191 and following) is repealed, but shall continue to apply with
respect to functions performed by the Administrator of the Agency for
International Development under subsection (c).
(e) Appropriations.--Funds available to the Overseas Private
Investment Corporation shall, upon the effective date of the repeal
made by subsection (d), be transferred to the Administrator of the
Agency for International Development for use in performing the
functions of the Corporation under subsection (c). Upon the expiration
of the contracts and agreements with respect to which the Administrator
is exercising such functions, any unexpended balances of the funds
transferred under this subsection shall be deposited in the Treasury as
miscellaneous receipts.
SEC. 303. SAVINGS PROVISIONS.
(a) Prior Determinations Not Affected.--The repeal made by section
302(d) of the provisions of law set forth in such subsection shall not
affect any order, determination, regulation, or contract that has been
issued, made, or allowed to become effective under such provisions
before the effective date of the repeal. All such orders,
determinations, regulations, and contracts shall continue in effect
until modified, superseded, terminated, set aside, or revoked in
accordance with law by the President, the Administrator of the Agency
for International Development, another authorized official, or a court
of competent jurisdiction, or by operation of law.
(b) Pending Proceedings.--
(1) Effect on pending proceedings.--
(A) In general.--The repeal made by section 302(d)
shall not affect any proceedings, including notices of
proposed rulemaking, pending on the effective date of
the repeal, before the Overseas Private Investment
Corporation, except that no insurance, reinsurance,
guarantee, or loan may be issued pursuant to any
application pending on such effective date. Such
proceedings, to the extent that they relate to
functions performed by the Administrator of the Agency
for International Development after such repeal, shall
be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if
this section had not been enacted; and orders issued in
any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by the
Administrator of the Agency for International
Development, by a court of competent jurisdiction, or
by operation of law.
(B) Construction.--Nothing in this paragraph shall
be deemed to prohibit the discontinuance or
modification of any proceeding described in
subparagraph (A) under the same terms and conditions
and to the same extent that such proceeding could have
been discontinued or modified if this section had not
been enacted.
(2) Regulations for transfer of proceedings.--The
Administrator of the Agency for International Development may
issue regulations providing for the orderly transfer of
proceedings continued under paragraph (1).
(c) Actions.--Except as provided in subsection (e)--
(1) the provisions of this section shall not affect suits
commenced before the effective date of the repeal made by
section 302(d); and
(2) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as
if this section had not been enacted.
(d) Liabilities Incurred.--No suit, action, or other proceeding
commenced by or against an individual in the official capacity of such
individual as an officer of the Overseas Private Investment Corporation
shall abate by reason of the enactment of this section. No cause of
action by or against the Overseas Private Investment Corporation, or by
or against any officer thereof in the official capacity of such
officer, shall abate by reason of the enactment of this section.
(e) Parties.--If, before the effective date of the repeal made by
section 302(d), the Overseas Private Investment Corporation or an
officer thereof in the official capacity of such officer, is a party to
a suit, then such suit shall be continued with the Administrator of the
Agency for International Development substituted or added as a party.
(f) Review.--Orders and actions of the Administrator of the Agency
for International Development in the exercise of functions of the
Overseas Private Investment Corporation shall be subject to judicial
review to the same extent and in the same manner as if such orders and
actions had been issued or taken by the Overseas Private Investment
Corporation. Any statutory requirements relating to notice, hearings,
action upon the record, or administrative review that apply to any
function of the Overseas Private Investment Corporation shall apply to
the exercise of such function by the Administrator of the Agency for
International Development.
SEC. 304. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 5, United States Code.--(1) Section 5314 of title 5,
United States Code, is amended by striking:
``President, Overseas Private Investment Corporation.''.
(2) Section 5315 of title 5, United States Code, is amended by
striking:
``Executive Vice President, Overseas Private Investment
Corporation.''.
(3) Section 5316 of title 5, United States Code, is amended by
striking:
``Vice Presidents, Overseas Private Investment Corporation
(3).''.
(b) Other Amendments and Repeals.--(1) Section 222(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2182) is amended by inserting
after ``section 238(c)'' the following: ``as in effect on the day
before the effective date of the repeal of that section made by section
302(d) of the OPIC Repeal Act''.
(2) Section 222A of the Foreign Assistance Act of 1961 (22 U.S.C.
2182a) is amended--
(A) by striking subsections (f) and (g); and
(B) by redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
(3) Section 499B(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2296b(b)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(4) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15
U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private
Investment Corporation,''.
(5) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15
U.S.C. 4727(d)(1)) is amended--
(A) by striking subparagraph (K); and
(B) by redesignating subparagraphs (L) and (M) as
subparagraphs (K) and (L), respectively.
(6) Section 5402(b) of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4902(b)) is amended--
(A) in paragraph (12), by adding ``and'' after the
semicolon;
(B) by striking paragraph (13); and
(C) by redesignating paragraph (14) as paragraph (13).
(7) Section 625(a) of the Higher Education Act of 1965 (20 U.S.C.
1131c(a)) is amended by striking ``the Overseas Private Investment
Corporation,''.
(8) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs
under title IV of chapter 2, relating to the Overseas Private
Investment Corporation)''.
(9) Section 202(b)(2)(B) of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is
amended--
(A) by striking clause (iv); and
(B) by redesignating clauses (v), (vi), and (vii) as
clauses (iv), (v), and (vi), respectively.
(10) Section 103(7)(A) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102(7)(A)) is amended--
(A) in clause (vii), by adding ``and'' after the semicolon;
(B) by striking clause (viii); and
(C) by redesignating clause (ix) as clause (viii).
(11) Section 405(a)(10) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6445(a)(10)) is amended by striking ``, the Overseas
Private Investment Corporation,''.
(12) Section 732(b) of the Global Environmental Protection
Assistance Act of 1989 (22 U.S.C. 7902(b)) is amended by striking ``the
Overseas Private Investment Corporation,''.
(13) Section 916(a)(2) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17336(a)(2)) is amended--
(A) by striking subparagraph (I); and
(B) by redesignating subparagraphs (J) through (M) as
subparagraphs (I) through (L), respectively.
(14) Section 6(d)(1) of the Belarus Democracy Act of 2004 (22
U.S.C. 5811 note) is amended by striking ``and the Overseas Private
Investment Corporation''.
(15) The following provisions of law are repealed:
(A) Section 5(b)(2) of the Overseas Private Investment
Corporation Amendments Act of 1981 (22 U.S.C. 2194a).
(B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304).
(C) Section 2(c)(12) of the Support for East European
Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)).
(D) Section 9101(3)(H) of title 31, United States Code.
(E) Section 123 of the African Growth and Opportunity Act
(19 U.S.C. 3733), and the item relating to that section in the
table of contents of that Act.
(F) Section 104 of the Africa: Seeds of Hope Act of 1998
(22 U.S.C. 2293), and the item relating to that section in the
table of contents for that Act.
(G) Section 914 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17334), and the item relating to that
section in the table of contents for that Act.
(c) Effective Date.--The amendments and repeals made by this
subsection shall take effect on October 1, 2011. | Reduce and End our Deficits Using Commonsense Eliminations in the Treas-HUD and OPIC Programs Act - Prohibits the total amount obligated in the Treasury for each of FY2011-FY2015 by: (1) the Bureau of the Public Debt from exceeding $186.244 million; and (2) the Financial Management Service from exceeding $235.132 million.
Requires the Secretary of the Treasury, for pay periods ending in FY2011 and subsequent fiscal years, in coordination with the Office of Personnel Management (OPM), to issue electronic pay stubs to Department of the Treasury employees who receive their pay by electronic funds transfer.
Amends the Internal Revenue Code to repeal the requirement for advance payment of the earned income tax credit.
Amends the United States Housing Act of 1939 to set the payment standard for a market area efficiency dwelling unit as the standard for rent subsidies under Section 8 of the housing voucher program for one-person households. Prohibits the use of the payment standard for a one-bedroom dwelling unit or any larger dwelling unit. OPIC Repeal Act - Abolishes the Overseas Private Investment Corporation (OPIC), and makes conforming amendments to the Foreign Assistance Act of 1961. | {"src": "billsum_train", "title": "To implement cost savings within the Department of the Treasury and the Department of Housing and Urban Development, and to terminate the Overseas Private Investment Corporation."} | 3,783 | 275 | 0.603118 | 1.951392 | 0.774256 | 3.638009 | 14.321267 | 0.895928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Obamacare Kickbacks Act of
2015''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Section 6402(f) of the Patient Protection and
Affordable Care Act (Public Law 111-148) applies the civil
penalties and damages for violations of the False Claims Act to
kickbacks and other acts involving Federal health care programs
that are subject to criminal penalties under section 1128B of
the Social Security Act (42 U.S.C. 1320a-7b).
(2) In guidance issued on November 4, 2013, by the Center
for Consumer Information & Insurance Oversight (CCIIO) of the
Centers for Medicare & Medicaid Services, the CCIIO stated that
the ``Department of Health and Human Services (HHS) has broad
authority to regulate the Federal and State Marketplaces (e.g.
section 1321(a) of the Affordable Care Act)''. The November 4,
2013 statement from the CCIIO suggests that qualified health
plans and other health care plans and programs established
under title I of the Patient Protection and Affordable Care Act
are similar to other Federal health care programs, such as the
Medicare Advantage program, over which the Secretary of Health
and Human Services also has broad regulatory authority.
(3) The private health insurance issuers who offer
qualified health plans through marketplaces established under
the Patient Protection and Affordable Care Act and the private
health insurance issuers that offer Medicare Advantage plans
under the Medicare program both receive Federal dollars
directly from the Federal Government, with the issuers of
qualified health plans receiving Federal dollars through tax
credit subsidies and the issuers of Medicare Advantage plans
receiving payments from the Medicare Trust Funds.
(4) The Federal Government facilitates applications for and
enrollment in qualified health plans through the federally-
facilitated marketplaces and State exchanges in a similar
manner to the way the Federal Government facilitates
applications for and enrollment in plans under the Medicare
Advantage program and the Voluntary Prescription Drug Benefit
Program through federally funded call centers, web portals, and
consumer assistance personnel.
(5) The Medicare Advantage program is a Federal health care
program to which the anti-kickback provisions of section
1128B(b) of the Social Security Act and other prohibited acts
involving Federal health care programs are subject to civil and
criminal penalties under the Social Security Act as well as
civil penalties under the False Claims Act.
SEC. 3. CLARIFICATION OF APPLICATION OF ANTI-KICKBACK LAWS TO QUALIFIED
HEALTH PLANS, MARKETPLACES, AND OTHER PLANS AND PROGRAMS
UNDER PPACA.
(a) In General.--Section 1128B(f)(1) of the Social Security Act (42
U.S.C. 1320a-7b(f)(1)) is amended by inserting before the semicolon the
following: ``, including any plan or program established or funded
under subtitle D or E (or the amendments made by such subtitles) of
title I of the Patient Protection and Affordable Care Act (including
the federally-facilitated marketplaces and State Exchanges, patient
navigators, and related programs established by such Act, as well as
any contract with an individual or entity hired by the Federal
Government to facilitate enrollment in the federally-facilitated
marketplaces)''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Patient Protection
and Affordable Care Act.
SEC. 4. HHS OIG AND GAO JOINT STUDY AND REPORT.
(a) Study.--The Inspector General of the Department of Health and
Human Services and the Comptroller General of the United States shall
jointly conduct a study regarding the effect of applying the anti-
kickback laws and other prohibited acts involving Federal health care
programs to qualified health plans, federally-facilitated marketplaces
and State Exchanges, and any other plan or program established or
funded under subtitle D or E (or the amendments made by such subtitles)
of title I of the Patient Protection and Affordable Care Act. In
conducting the study, the Inspector General and Comptroller General
shall--
(1) identify all plans and programs that satisfy the
definition of ``Federal health care program'' under section
1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)) (as
amended by section 3(a));
(2) identify any entity or individual that would benefit
from having qualified health plans, federally-facilitated
marketplaces, and any other plan or program established or
funded under subtitle D or E (or the amendments made by such
subtitles) of title I of the Patient Protection and Affordable
Care Act excluded from the definition of ``Federal health care
program'' under section 1128B(f) of the Social Security Act (as
so amended); and
(3) separately estimate with respect to each of the
following, the impact of excluding qualified health plans,
federally-facilitated marketplaces and State Exchanges, and any
other plan or program established or funded under subtitle D or
E (or the amendments made by such subtitles) of title I of the
Patient Protection and Affordable Care Act from the definition
of ``Federal health care program'' under section 1128B(f) of
the Social Security Act (as so amended):
(A) Health care premiums (with and without non-
federally funded subsidies).
(B) Consumer choice in health insurance coverage.
(C) The use of brand name versus generic drugs.
(D) The net cost of the Patient Protection and
Affordable Care Act to the Federal Government and to
all States and territories.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Inspector General of the Department of Health and Human
Services and the Comptroller General of the United States shall jointly
submit a report to Congress on the results of the study conducted under
subsection (a) that includes the information specified in paragraphs
(1) through (3) of that subsection, together with such recommendations
for legislative or administrative action as the Inspector General and
Comptroller General determine appropriate. | No Obamacare Kickbacks Act of 2015 Applies prohibitions against, and criminal penalties for, false statements and kickbacks in part A (General Provisions) of title XI of the Social Security Act to plans and programs established or funded under the Patient Protection and Affordable Care Act, including qualified health plans, catastrophic plans, health benefit exchanges, reinsurance programs, the risk corridor program, patient navigators, and contracts with individuals or entities to facilitate enrollment in exchanges. Directs the Inspector General of the Department of Health and Human Services and the Government Accountability Office to jointly study and report to Congress on the effect of this Act. | {"src": "billsum_train", "title": "No Obamacare Kickbacks Act of 2015"} | 1,339 | 134 | 0.527868 | 1.543137 | 0.665731 | 3.181034 | 10.396552 | 0.87069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening the Oversight of
Nuclear Nonproliferation Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, the Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on Energy
and Natural Resources of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Oversight and Government Reform, the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Energy and Commerce
of the House of Representatives.
(2) Commission.--The term ``Commission'' means the
Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism established by section 1851 of the
Implementing Recommendation of the 9/11 Commission Act of 2007
(Public Law 110-53; 121 Stat. 501).
(3) Coordinator.--The term ``Coordinator'' means the
President's Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism established by section
1841(b)(1) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (50 U.S.C. 2931(b)(1)).
(4) Deputy coordinator.--The term ``Deputy Coordinator''
means the Deputy United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
established under section 1841(b)(2) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
2931(b)(2)).
(5) Highly enriched uranium.--The term ``highly enriched
uranium'' means uranium that contains at least 20 percent of
the uranium isotope 235.
(6) IAEA.--The term ``IAEA'' means the International Atomic
Energy Agency.
(7) Special nuclear material.--The term ``special nuclear
material'' has the meaning given the term in section 11(aa) of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
SEC. 3. REPORT ON UNITED STATES NUCLEAR NONPROLIFERATION EFFORTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Coordinator shall
submit to the appropriate congressional committees an unclassified
report, with classified annexes as necessary, on the findings and
recommendations of the Commission described in subsection (b).
(b) Content.--The report required under subsection (a) shall
include the following:
(1) A description of the financial incentives the United
States Government used during the previous year to promote
civilian nuclear energy abroad, including the types, amounts,
and recipients of such financial incentives.
(2) A description of the actions the United States
Government has taken for improving the secure civilian storage
of, and minimizing the use and export of, weapons useable
highly enriched uranium during the previous year, and the
amount the United States Government spends annually to fuel
United States civilian reactors that use highly enriched
uranium.
(3) A description of the actions that have been taken by
the United States Government to implement title V of the
Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261 et seq.)
during the previous year and any obstacles pertaining to its
implementation with recommended actions.
(4)(A) A description of the steps the United States
Government has taken during the previous year to upgrade the
physical security of civilian nuclear facilities in the United
States that store or handle special nuclear material.
(B) A comparison of the current physical security standards
used at civilian nuclear facilities in the United States that
store or handle special nuclear material to those standards
used by the United States Armed Forces to secure such
materials.
(5) A United States Government assessment of the
capabilities of the IAEA, completed in consultation with all
relevant United States Government agencies, including the
Office of the Director of National Intelligence, including--
(A) the ability of IAEA to meet its own timely
detection inspection goals;
(B) the ability of IAEA to afford timely detection
of possible military diversions and whether or not the
IAEA has met its own timely detection inspection goals;
and
(C) recommendations for whether and how the IAEA
should update its definitions of how much special
nuclear material is needed to create a nuclear bomb and
how long it takes to convert such special nuclear
material into nuclear bombs.
(c) Absence of the Coordinator and the Deputy Coordinator.--The
President shall submit the report required under this section if
neither the Coordinator nor the Deputy Coordinator have been appointed
pursuant to section 1841(b)(3) of the Implementing Recommendation of
the 9/11 Commission Act of 2007 (50 U.S.C. 2931(b)(3)).
SEC. 4. REPORT ON UNITED STATES WORK WITH IAEA ON NUCLEAR
NONPROLIFERATION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Coordinator shall submit to the appropriate
congressional committees an unclassified report, with classified
annexes as necessary, on the findings and recommendations of the
Commission under subsection (b).
(b) Content.--The report required under subsection (a) shall
include details about the progress of the work of the United States
Government with the IAEA Director General to--
(1) establish a safeguards user fee, whereby countries with
inspected facilities would be assessed a fee to help cover the
costs of IAEA inspections;
(2) assess whether the IAEA can meet its own inspection
goals, whether those goals afford timely detection to account
for a bomb's worth of special nuclear material, whether there
are situations in which achieving those goals is not possible,
and what corrective actions, if any, might help the IAEA to
achieve its inspection goals;
(3) promote transparency at suspect sites and to encourage
IAEA member states to maintain a registry, made available to
other IAEA members upon request, of all foreign visitors at
safeguarded sites;
(4) provide for the acquisition and implementation of near-
real-time surveillance equipment in the use of safeguards,
including at sites where nuclear fuel rods are located; and
(5) require that the transfer of all items on the Nuclear
Suppliers Group dual-use and trigger lists be reported to the
IAEA in advance and develop a system to process and analyze the
information.
(c) Absence of the Coordinator and the Deputy Coordinator.--The
President shall submit the report required under this section if
neither the Coordinator nor the Deputy Coordinator have been appointed
pursuant to section 1841(b)(3) of the Implementing Recommendation of
the 9/11 Commission Act of 2007 (50 U.S.C. 2931(b)(3)).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the reporting requirements under sections 3 and
4 for fiscal year 2010 and each subsequent year thereafter. | Strengthening the Oversight of Nuclear Nonproliferation Act of 2009 - Requires the President's Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism to report to the appropriate congressional committees: (1) annually regarding the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism's findings concerning U.S. nuclear nonproliferation efforts; and (2) regarding U.S. cooperative efforts with the International Atomic Energy Agency (IAEA) on nuclear nonproliferation. | {"src": "billsum_train", "title": "A bill to enhance the ability of Congress to oversee matters pertaining to nuclear nonproliferation identified in the findings and recommendations of the December 2008 Report of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism, and for other purposes."} | 1,614 | 121 | 0.626363 | 1.467237 | 0.610717 | 3.975309 | 17.135802 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Price Transparency
Act''.
SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER THE MEDICARE PROGRAM
FOR PRESCRIPTION DRUG PLANS AND MA-PD PLANS.
(a) In General.--Section 1860D-12(b) of the Social Security Act (42
U.S.C. 1395w-112(b)) is amended by adding at the end the following new
paragraph:
``(7) Pharmacy benefits manager transparency
requirements.--Each contract entered into with a PDP sponsor
under this part with respect to a prescription drug plan
offered by such sponsor or with an MA organization offering an
MA-PD plan under part C shall provide that the sponsor or
organization, respectively, may not enter into a contract with
any pharmacy benefits manager (referred to in this paragraph as
a `PBM') to manage the prescription drug coverage provided
under such plan, or to control the costs of the prescription
drug coverage under such plan, unless the PBM adheres to the
following criteria when handling personally identifiable
utilization and claims data or other sensitive patient data:
``(A) The PBM may not transmit any personally
identifiable utilization, protected health information,
or claims data, with respect to a plan enrollee, to a
pharmacy owned by a PBM if the plan enrollee has not
voluntarily elected in writing or via secure electronic
means to fill that particular prescription at the PBM-
owned pharmacy.
``(B) The PBM may not require that a plan enrollee
use a retail pharmacy, mail order pharmacy, specialty
pharmacy, or other pharmacy entity providing pharmacy
services in which the PBM has an ownership interest or
that has an ownership interest in the PBM, or provide
an incentive to a plan enrollee to encourage the
enrollee to use a retail pharmacy, mail order pharmacy,
specialty pharmacy, or other pharmacy entity providing
pharmacy services in which the PBM has an ownership
interest or that has an ownership interest in the PBM,
if the incentive is applicable only to such
pharmacies.''.
(b) Regular Update of Prescription Drug Pricing Standard.--
Paragraph (6) of section 1860D-12(b) of the Social Security Act (42
U.S.C. 1395w-112(b)) is amended to read as follows:
``(6) Regular update of prescription drug pricing
standard.--
``(A) In general.--If the PDP sponsor of a
prescription drug plan (or MA organization offering an
MA-PD plan) uses a standard for reimbursement (as
described in subparagraph (B)) of pharmacies based on
the cost of a drug, each contract entered into with
such sponsor under this part (or organization under
part C) with respect to the plan shall provide that the
sponsor (or organization) shall--
``(i) update such standard not less
frequently than once every 7 days, beginning
with an initial update on January 1 of each
year, to accurately reflect the market price of
acquiring the drug;
``(ii) disclose to applicable pharmacies
and the contracting entities of such pharmacies
the sources used for making any such update
immediately without requirement of request;
``(iii) if the source for such a standard
for reimbursement is not publicly available,
disclose to the applicable pharmacies and the
respective contracting entities of such
pharmacies all individual drug prices to be so
updated in advance of the use of such prices
for the reimbursement of claims;
``(iv) establish a process to appeal,
investigate, and resolve disputes regarding
individual drug prices that are less than the
pharmacy acquisition price for such drug, which
must be adjudicated within 7 days of the
pharmacy filing its appeal; and
``(v) provide all such pricing data in an
.xml spreadsheet format or a comparable easily
accessible and complete spreadsheet format.
``(B) Prescription drug pricing standard defined.--
For purposes of subparagraph (A), a standard for
reimbursement of a pharmacy is any methodology or
formula for varying the pricing of a drug or drugs
during the term of the pharmacy reimbursement contract
that is based on the cost of the drug involved,
including drug pricing references and amounts that are
based upon average wholesale price, wholesale average
cost, average manufacturer price, average sales price,
maximum allowable cost (MAC), or other costs, whether
publicly available or not.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2018.
SEC. 3. REGULAR UPDATE OF PRESCRIPTION DRUG PRICING STANDARD UNDER
TRICARE RETAIL PHARMACY PROGRAM.
Section 1074g(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) To the extent practicable, with respect to the TRICARE retail
pharmacy program described in subsection (a)(2)(E)(ii), the Secretary
shall ensure that a contract entered into with a TRICARE managed care
support contractor includes requirements described in section 1860D-
12(b)(6) of the Social Security Act (42 U.S.C. 1395w-112(b)(6)) to
ensure the provision of information regarding the pricing standard for
prescription drugs.''.
SEC. 4. PRESCRIPTION DRUG TRANSPARENCY IN THE FEDERAL EMPLOYEES HEALTH
BENEFITS PROGRAM.
(a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following new subsections:
``(p) A contract may not be made or a plan approved under this
chapter under which a carrier has an agreement with a pharmacy benefits
manager (in this subsection referred to as a `PBM') to manage
prescription drug coverage or to control the costs of the prescription
drug coverage unless the carrier and PBM adhere to the following
criteria:
``(1) The PBM may not transmit any personally identifiable
utilization, protected health information, or claims data with
respect to an individual enrolled under such contract or plan
to a pharmacy owned by the PBM if the individual has not
voluntarily elected in writing or via secure electronic means
to fill that particular prescription at such a pharmacy.
``(2) The PBM may not require that an individual enrolled
under such contract or plan use a retail pharmacy, mail order
pharmacy, specialty pharmacy, or other pharmacy entity
providing pharmacy services in which the PBM has an ownership
interest or that has an ownership interest in the PBM or
provide an incentive to a plan enrollee to encourage the
enrollee to use a retail pharmacy, mail order pharmacy,
specialty pharmacy, or other pharmacy entity providing pharmacy
services in which the PBM has an ownership interest or that has
an ownership interest in the PBM, if the incentive is
applicable only to such pharmacies.
``(q)(1) If a contract made or plan approved under this chapter
provides for a standard for reimbursement (as described in paragraph
(2)) with respect to a prescription drug plan, such contract or plan
shall provide that the applicable carrier--
``(A) update such standard not less frequently than once
every 7 days, beginning with an initial update on January 1 of
each year, to accurately reflect the market price of acquiring
the drug;
``(B) disclose to applicable pharmacies and the contracting
entities of such pharmacies the sources used for making any
such update immediately without requirement of request;
``(C) if the source for such a standard for reimbursement
is not publicly available, disclose to the applicable
pharmacies and contracting entities of such pharmacies all
individual drug prices to be so updated in advance of the use
of such prices for the reimbursement of claims;
``(D) establish a process to appeal, investigate, and
resolve disputes regarding individual drug prices that are less
than the pharmacy acquisition price for such drug, which must
be adjudicated within 7 days of the pharmacy filing its appeal;
and
``(E) provide all such pricing data in an .xml spreadsheet
format or a comparable easily accessible and complete
spreadsheet format.
``(2) For purposes of paragraph (1), a standard for reimbursement
of a pharmacy is any methodology or formula for varying the pricing of
a drug or drugs during the term of the pharmacy reimbursement contract
that is based on the cost of the drug involved, including drug pricing
references and amounts that are based upon average wholesale price,
wholesale average cost, average manufacturer price, average sales
price, maximum allowable cost, or other costs, whether publicly
available or not.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any contract entered into under section 8902 of title 5, United
States Code, on or after the date of enactment of this section. | Prescription Drug Price Transparency Act This bill adds certain transparency requirements for pharmacy benefits managers under Medicare, Medicare Advantage, TRICARE, and the Federal Employees Health Benefits Program. | {"src": "billsum_train", "title": "Prescription Drug Price Transparency Act"} | 1,937 | 52 | 0.462756 | 1.125712 | 0.152835 | 1.933333 | 59.033333 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovation Employment Act''.
SEC. 2. NUMERICAL LIMITATIONS.
Section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(1)(A)(vii)) is amended to read as follows:
``(vii) 130,000 in fiscal year 2008 and each
succeeding fiscal year, except that in fiscal years
2010 through 2015, if such limitation is reached in the
previous fiscal year, such limitation shall equal the
greater of 180,000 and the limitation applicable for
the previous fiscal year increased by 20 percent; or''.
SEC. 3. EXEMPTION FROM NUMERICAL LIMITATION FOR CERTAIN NONIMMIGRANTS.
Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(5)) is amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(D) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))
in a field of science, technology, engineering, or mathematics
and with respect to whom the petitioning employer requires such
education as a condition for the employment; or
``(E) has earned a master's or higher degree (or its
equivalent) from an institution of higher education outside of
the United States in a field of science, technology,
engineering, or mathematics and with respect to whom the
petitioning employer requires such education as a condition for
the employment, until the number of aliens who are exempted
from such numerical limitations under this subparagraph during
a fiscal year exceeds 20,000.''.
SEC. 4. H-1B EMPLOYER REQUIREMENTS.
Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)) is amended by inserting after subparagraph (G) the
following:
``(H) The employer has not advertised the available jobs
specified in the application in an advertisement that states or
indicates that--
``(i) the job or jobs are only available to persons
who are or who may become H-1B nonimmigrants; or
``(ii) persons who are or who may become H-1B
nonimmigrants shall receive priority or a preference in
the hiring process.
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants.''.
SEC. 5. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.
(a) Safeguards Against Fraud and Misrepresentation in Application
Review Process.--Section 212(n)(1) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)(1)) is amended, in the matter following
subparagraph (I) (as inserted by section 3 of this Act)--
(1) by inserting ``and through the Department of Labor's
website, without charge.'' after ``D.C.'';
(2) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after ``completeness'';
(3) by striking or ``obviously inaccurate'' and inserting
``presents clear indicators of fraud or misrepresentation of
material fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact, the
Secretary may conduct an investigation and hearing under
paragraph (2).''.
(b) Investigations by Department of Labor.--Section 212(n)(2) of
such Act is amended--
(1) in subparagraph (A)--
(A) by striking ``12 months'' and inserting ``24
months''; and
(B) by striking ``The Secretary shall conduct'' and
all that follows and inserting ``Upon the receipt of
such a complaint, the Secretary may initiate an
investigation to determine if such a failure or
misrepresentation has occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``a condition of paragraph (1)(B),
(1)(E), or (1)(F)'' and inserting ``a condition under
subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of
paragraph (1)''; and
(B) by striking ``(1)(C)'' and inserting
``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary''
and all that follows and inserting ``with regard to the
employer's compliance with the requirements of this
subsection.'';
(B) in clause (ii), by striking ``and whose
identity'' and all that follows through ``failure or
failures.'' and inserting ``the Secretary of Labor may
conduct an investigation into the employer's compliance
with the requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and
(viii) as clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking
``meet a condition described in clause (ii), unless the
Secretary of Labor receives the information not later
than 12 months'' and inserting ``comply with the
requirements under this subsection, unless the
Secretary of Labor receives the information not later
than 24 months'';
(G) by amending clause (v), as redesignated, to
read as follows:
``(v) The Secretary of Labor shall provide
notice to an employer of the intent to conduct
an investigation. The notice shall be provided
in such a manner, and shall contain sufficient
detail, to permit the employer to respond to
the allegations before an investigation is
commenced. The Secretary is not required to
comply with this clause if the Secretary
determines that such compliance would interfere
with an effort by the Secretary to investigate
or secure compliance by the employer with the
requirements of this subsection. A
determination by the Secretary under this
clause shall not be subject to judicial
review.'';
(H) in clause (vi), as redesignated, by striking
``An investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of
Labor, after an investigation under clause (i) or (ii),
determines that a reasonable basis exists to make a
finding that the employer has failed to comply with the
requirements under this subsection, the Secretary shall
provide interested parties with notice of such
determination and an opportunity for a hearing in
accordance with section 556 of title 5, United States
Code, not later than 120 days after the date of such
determination.''; and
(I) by adding at the end the following:
``(vii) If the Secretary of Labor, after a
hearing, finds a reasonable basis to believe
that the employer has violated the requirements
under this subsection, the Secretary may impose
a penalty under subparagraph (C).''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and Department
of Homeland Security.--Section 212(n)(2) of such Act, as amended by
this section, is further amended by inserting after subparagraph (G)
the following:
``(H) The Director of United States Citizenship and
Immigration Services shall provide the Secretary of
Labor with any information contained in the materials
submitted by H-1B employers as part of the adjudication
process that indicates that the employer is not
complying with H-1B visa program requirements. The
Secretary may initiate and conduct an investigation and
hearing under this paragraph after receiving
information of noncompliance under this
subparagraph.''.
(d) Audits.--Section 212(n)(2)(A) of such Act, as amended by this
section, is further amended by adding at the end the following: ``The
Secretary may conduct surveys of the degree to which employers comply
with the requirements under this subsection and may conduct annual
compliance audits of employers that employ H-1B nonimmigrants. The
Secretary shall conduct annual compliance audits of not less than 1
percent of the employers that employ H-1B nonimmigrants during the
applicable calendar year.''
(e) Penalties.--Section 212(n)(2)(C) of such Act, as amended by
this section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n) of such Act, as amended by this section, is
further amended by inserting after paragraph (2) the following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside
the United States, the issuing office shall provide the
applicant with--
``(i) a brochure outlining the employer's
obligations and the employee's rights under Federal
law, including labor and wage protections; and
``(ii) the contact information for Federal agencies
that can offer more information or assistance in
clarifying employer obligations and workers' rights.
``(B) Upon the issuance of an H-1B visa to an alien inside
the United States, the officer of the Department of Homeland
Security shall provide the applicant with--
``(i) a brochure outlining the employer's
obligations and the employee's rights under Federal
law, including labor and wage protections; and
``(ii) the contact information for Federal agencies
that can offer more information or assistance in
clarifying employer's obligations and workers'
rights.''.
SEC. 6. WHISTLEBLOWER PROTECTIONS.
Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(C)(iv)) is amended--
(1) by inserting ``take, fail to take, or threaten to take
or fail to take, a personnel action, or'' before ``to
intimidate''; and
(2) by adding at the end the following: ``An employer that
violates this clause shall be liable to the employees harmed by
such violation for lost compensation, including back pay.''. | Innovation Employment Act - Amends the Immigration and Nationality Act to increase the annual H-1B nonimmigrant visa (specialty occupation) cap from 65,000 to 130,000 starting in FY2008.
Provides that for FY2010-FY2015 if the cap has been reached in the prior year the current cap would increase to the greater of 180,000 and the limitation applicable for the previous year increased by 20% percent.
Exempts from H-1B caps an alien who has earned a master's or higher degree from a U.S. institution of higher education in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment.
Establishes a 20,000 annual cap for aliens who earned a master's or higher degree from an institution of higher education outside of the United States in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment.
Revises H-1B provisions to: (1) require an employer to provide specified job information in the employment advertisement; (2) authorize the Secretary of Labor to initiate an H-1B employer investigation; (3) increase employer penalties; and (4) provide whistleblower protections. | {"src": "billsum_train", "title": "To modify certain requirements with respect to H-1B nonimmigrants."} | 2,538 | 264 | 0.623586 | 1.871574 | 0.841162 | 4.031111 | 9.928889 | 0.857778 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Anton's Law''.
SEC. 2. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER MOTOR
VEHICLES.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Transportation shall initiate a
rulemaking proceeding to establish a safety standard for booster seats
used in passenger motor vehicles. The standard shall apply to any child
occupant of a passenger motor vehicle for whom a booster seat, used in
combination with an adult seat belt, is an appropriate form of child
restraint.
(b) Elements for Consideration.--In the rulemaking proceeding
required by subsection (a), the Secretary shall--
(1) consider whether or not to establish injury performance
criteria for children under the safety standard to be
established in the rulemaking proceeding;
(2) consider whether or not to establish seat belt
positioning performance requirements for booster seats;
(3) consider whether or not to establish a separate Federal
motor vehicle safety standard for booster seats or incorporate
booster seat requirements into an existing Federal motor
vehicle safety standard; and
(4) review the definition of the term ``booster seat'', as
that term is defined in Standard No. 213 set forth in section
571.213 of title 49, Code of Federal Regulations, to determine
if it is sufficiently comprehensive.
(c) Completion.--The Secretary shall complete the rulemaking
proceeding required by subsection (a) not later than 24 months after
the date of enactment of this Act.
SEC. 3. REPORT ON DEVELOPMENT OF CRASH TEST DUMMY SIMULATING A 10-YEAR
OLD CHILD.
Not later than 60 days after the date of enactment of this Act, the
Secretary of Transportation shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the current
schedule and status of activities of the Department of Transportation
to develop and certify a dummy that simulates a 10-year old child for
use in testing the effectiveness of child restraints used in passenger
motor vehicles.
SEC. 4. REGULATIONS ON MANDATORY USE OF LAP AND SHOULDER BELTS.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the Secretary of Transportation shall complete a
rulemaking proceeding to amend Standard No. 208 set forth in section
571.208 of title 49, Code of Federal Regulations, in order to--
(1) require each seat belt assembly in the rear seats of a
passenger motor vehicle to be a lap and shoulder belt assembly;
and
(2) apply that requirement to passenger motor vehicles
beginning after the production year in which the regulations
are prescribed in compliance with the implementation schedule
under subsection (b).
(b) Implementation Schedule.--The requirement prescribed under
subsection (a)(1) may be implemented through a phase-in schedule
prescribed by the Secretary which schedule may be similar to the phase-
in schedule set forth in paragraph S.14.1.1 of section 571.208 of title
49, Code of Federal Regulations, except that the requirement shall
apply to not less than--
(1) 50 percent of a manufacturer's production of passenger
motor vehicles for the first production year to which the
requirement applies;
(2) 80 percent of a manufacturer's production of passenger
motor vehicles for the second production year to which the
requirement applies; and
(3) 100 percent of a manufacturer's production of passenger
motor vehicles for the third production year to which the
requirement applies.
SEC. 5. TWO-YEAR EXTENSION OF OCCUPANT PROTECTION INCENTIVE GRANTS
PROGRAM.
Section 2003(b)(7) of the Transportation Equity Act for the 21st
Century (23 U.S.C. 405 note; 112 Stat. 328) is amended by striking
``and 2001'' and inserting ``through 2003''.
SEC. 6. INCENTIVE GRANTS FOR USE OF SAFETY BELTS AND CHILD RESTRAINT
SYSTEMS BY CHILDREN.
(a) In General.--Subchapter II of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30128. Grant program for improving child occupant safety
programs
``(a) Authority To Make Grants.--
``(1) In general.--The Secretary of Transportation may make
grants under this section as follows:
``(A) A basic grant to any State that enacts a
child restraint law by October 1, 2003.
``(B) A supplemental grant to any State described
by subparagraph (A) if the child restraint law
concerned is an enhanced child restraint law.
``(2) Limitation on number of grants in any state fiscal
year.--Not more than one grant may be made to a State under
this section in any given fiscal year of the State.
``(3) Commencement.--The authority of the Secretary to make
grants under this section shall commence on October 1, 2003.
``(b) Amount of Grants.--
``(1) Basic grant.--The amount of a basic grant made to a
State under this section shall be equal to two times the amount
received by the State under section 2003(b) of the
Transportation Equity Act for the 21st Century (23 U.S.C. 405
note) in fiscal year 2003.
``(2) Supplemental grant.--The amount of any supplemental
grant made to a State under this section shall be equal to
three times the amount received by the State under section
2003(b) of that Act in fiscal year 2003.
``(c) Use of Grant Funds.--A State shall use any amount received by
the State under this section only to enhance the safety of child
occupants of passenger motor vehicles.
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Child restraint law.--The term `child restraint law'
means a State law that prescribes a penalty for operating a
passenger car (as defined in section 30127(a)(3)) in which any
occupant of the car who is under the age of 16 years is not
properly restrained by a safety belt or otherwise properly
secured in a child restraint system that meets applicable
Federal motor vehicle safety standards prescribed by the
National Highway Traffic Safety Administration.
``(2) Enhanced child restraint law.--The term `enhanced
child restraint law' means a child restraint law that
prescribes a separate or additional penalty for operating a
passenger car unless all of the vehicle occupants for whom a
booster seat, used in combination with an adult seat belt, is
an appropriate form of child restraint, are properly using a
child restraint system that meets applicable Federal motor
vehicle safety standards prescribed by the National Highway
Traffic Safety Administration.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that chapter is amended by inserting after the item relating to section
30127 the following new item:
``30128. Grant program for improving child occupant safety programs.''.
SEC. 7. DEFINITIONS.
In this Act, the following definitions apply:
(1) Child restraint.--The term ``child restraint'' means a
specially designed seating system (including booster seats and
child safety seats) that meets applicable Federal motor vehicle
safety standards prescribed by the National Highway Traffic
Safety Administration.
(2) Manufacturer.--The term ``manufacturer'' has the
meaning given that term by section 30102(a)(5) of title 49,
United States Code.
(3) Motor vehicle.--The term ``motor vehicle'' has the
meaning given that term by section 30102(a)(6) of title 49,
United States Code.
(4) Passenger motor vehicle.--The term ``passenger motor
vehicle'' means--
(A) a ``passenger car'' as defined in section
30127(a)(3) of title 49, United States Code; and
(B) a ``multipurpose passenger vehicle'' as defined
in section 30127(a)(2) of title 49, United States Code.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of
Transportation such sums as may be necessary to carry out this Act,
including the making of grants under section 30128 of title 49, United
States Code, as added by section 6 of this Act. | Anton's Law - Directs the Secretary of Transportation to initiate a rulemaking proceeding to establish a safety standard for booster seats used in passenger motor vehicles as a form of child restraint. Directs the Secretary to complete a rulemaking proceeding to amend certain Code of Federal Regulations motor vehicle safety standards in order to: (1) require each seat belt assembly in the rear seats of a passenger motor vehicle to be a lap and shoulder belt assembly; and (2) apply such requirement to passenger motor vehicles beginning after the production year in which such regulations are prescribed in compliance with the implementation of a certain phase-in schedule.Amends the Transportation Equity Act for the 21st Century to extend the occupant protection incentive grants program for a two-year period.Amends Federal transportation law to authorize the Secretary to make: (1) a basic grant to any State that enacts a child restraint law by October 1, 2003; and (2) a supplemental grant to any such State if the child restraint law is an enhanced child restraint law. Sets forth certain grant requirements. | {"src": "billsum_train", "title": "To provide for the improvement of the safety of child restraints in passenger motor vehicles, and for other purposes."} | 1,915 | 234 | 0.593447 | 1.686427 | 0.773515 | 5.527094 | 8.192118 | 0.945813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Review Cooperation
Act''.
SEC. 2. SURFACE TRANSPORTATION PROJECT DELIVERY DEMONSTRATION PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 330. Use of State environmental laws
``(a) Demonstration Program.--Subject to the requirements of this
section, the Secretary shall carry out a demonstration program to
permit an eligible State or a unit of local government in the State to
carry out the responsibilities of the Secretary with respect to highway
projects within the State under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) through the implementation of the
environmental laws of such State instead of Federal environmental laws.
``(b) Eligible States and Local Governments.--The Secretary may
permit a State or a unit of local government in the State to
participate in the demonstration program only if the Secretary
determines, after reviewing the environmental laws of the State and
such other materials as the Secretary may require, that--
``(1) the environmental laws of the State provide a
substantially equivalent level of environmental protection as
applicable Federal laws;
``(2) participation by the State or a unit of local
government in the State in the demonstration program will not
diminish protection of the environment; and
``(3) the head of the State agency having primary
jurisdiction over highway matters or the head of a unit of
local government in the State having primary jurisdiction over
highway matters in that unit enters into a written agreement
with the Secretary described in subsection (d).
``(c) Final Determination.--The Secretary shall make the final
determination with regard to the participation of a State or a unit of
local government in the State in the demonstration program within 6
months after the date of enactment of the Environmental Review
Cooperation Act.
``(d) Written Agreement.--A written agreement under this section
shall--
``(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged with
responsibility for highway construction or the head of a unit
of local government in the State having primary jurisdiction
over highway matters in that unit;
``(2) be in such form as the Secretary may prescribe;
``(3) provide that the State or the unit of local
government--
``(A) agrees to assume all or part of the
responsibilities of the Secretary described in
subsection (a);
``(B) expressly consents, on behalf of the State or
the unit of local government, to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary assumed by the State or the unit of local
government;
``(C) certifies that State laws (including
regulations) are in effect that--
``(i) authorize the State or the unit of
local government to take the actions necessary
to carry out the responsibilities being
assumed; and
``(ii) are comparable to section 552 of
title 5, including providing that any decision
regarding the public availability of a document
under those State laws is reviewable by a court
of competent jurisdiction; and
``(D) agrees to maintain the financial resources
necessary to carry out the responsibilities being
assumed.
``(e) Audits.--
``(1) In general.--To ensure compliance by a State or a
unit of local government with any requirements for
participating in the program under this section, the Secretary
shall conduct--
``(A) semiannual audits during each of the first 2
years of participation in the program; and
``(B) annual audits during each subsequent year of
participation in the program.
``(2) Public availability and comment.--
``(A) In general.--An audit conducted under
paragraph (1) shall be provided to the public for
comment.
``(B) Response.--Not later than 60 days after the
date on which the period for public comment ends, the
Secretary shall respond to public comments received
under subparagraph (A).
``(f) Report to Congress.--
``(1) In general.--Not later than 2 years after the date on
which the first State is selected for participation in the
demonstration program, and annually thereafter, the Secretary
shall submit to Congress, and make available to the public, a
report on the results of the demonstration program.
``(2) Contents.--For each reporting period, the report
shall contain, at a minimum, the following:
``(A) A list identifying how many projects have
been approved and completed under the demonstration
program.
``(B) An assessment of whether delays were reduced
and project delivery was enhanced as a result of the
demonstration program.
``(C) An assessment of whether there have been any
adverse impacts or risks to the environment as a result
of the demonstration program.
``(g) Termination.--
``(1) In general.--Except as provided in paragraph (2), the
program shall terminate on the date that is 7 years after the
date of enactment of this section.
``(2) Termination by secretary.--The Secretary may
terminate the participation of any State or unit of local
government in the program if--
``(A) the Secretary determines that the State or
unit of local government is not adequately carrying out
the responsibilities assigned to the State or unit of
local government, respectively;
``(B) the Secretary provides to the State or unit
of local government--
``(i) notification of the determination of
noncompliance; and
``(ii) a period of at least 30 days during
which to take such corrective action as the
Secretary determines is necessary to comply
with the applicable agreement; and
``(C) the State or unit of local government, after
the notification and period provided under subparagraph
(B), fails to take satisfactory corrective action, as
determined by the Secretary.''.
(b) Conforming Change.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding after the item related to
section 329 the following:
330. Use of State environmental laws.
SEC. 3. SURFACE TRANSPORTATION PROJECT DELIVERY PILOT PROGRAM.
Section 327 of title 23, United States Code, is amended--
(1) in the section heading by striking ``pilot'';
(2) in subsection (a)(1) by striking ``pilot'';
(3) in subsection (a)(2)--
(A) in subparagraph (B) by striking clause (ii) and
inserting the following:
``(ii) the Secretary may not assign any
responsibility imposed on the Secretary by
section 134 or 135.''; and
(B) by adding at the end the following:
``(F) Preservation of flexibility.--The Secretary
shall not require a State, as a condition of
participation in this program, to forego project
delivery methods that are otherwise permissible for
highway projects.
``(G) Highway project.--A highway project under
subparagraph (A) includes any project eligible under
this title. With respect to such a project, a State may
assume the responsibilities administered by the Federal
Highway Administration, but the State may not assume
the responsibilities of any other modal administration
within the Department.'';
(4) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Participating states.--
``(A) In general.--All States are eligible to
participate in the program.
``(B) Special rule.--Any State participating in the
program under this section on September 30, 2009, shall
be permitted by the Secretary to continue to
participate in the program and such State shall not
have to submit an application under paragraph (2) in
order to participate in the program.''; and
(B) in paragraph (2) by striking ``this section,
the Secretary shall promulgate'' and inserting ``the
Environmental Review Cooperation Act, the Secretary
shall amend, as appropriate,''; and
(5) by striking subsection (i) and inserting the following:
``(i) Termination.--The Secretary may terminate the participation
of any State in the program if--
``(1) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to the
State;
``(2) the Secretary provides to the State--
``(A) notification of the determination of
noncompliance; and
``(B) a period of at least 30 days during which to
take such corrective action as the Secretary determines
is necessary to comply with the applicable agreement;
and
``(3) the State, after the notification and period provided
under paragraph (2), fails to take satisfactory corrective
action, as determined by Secretary.''. | Environmental Review Cooperation Act - Directs the Secretary of Transportation (DOT) to carry out a demonstration program to allow a state or local government to assume the Secretary's responsibilities for environmental review and approval of highway projects under the National Environmental Policy Act of 1969 through implementation of the state's environmental laws instead of federal environmental laws.
Authorizes the Secretary to allow a state or local government to participate in the demonstration program only if: (1) the state's environmental laws provide a substantially equivalent level of environmental protection as applicable federal laws, (2) program participation by the state or local government will not diminish protection of the environment, and (3) the head of the state agency or local government with primary jurisdiction over highway matters enters into a written agreement with the Secretary.
Revises and makes permanent the surface transportation project delivery pilot program.
Prohibits the Secretary from requiring a state, as a condition of participation in the program, to forego project delivery methods otherwise permissible for highway projects.
Authorizes a state to assume highway project responsibilities administered by the Federal Highway Administration (FHWA), but not the responsibilities of any other modal administration within DOT.
Repeals the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by all states. Prescribes a special rule to permit a state participating in the program on September 30, 2009, to continue in the program and not be required to submit an application. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to modify the surface transportation project delivery pilot program to carry out a demonstration program using State environmental laws, and for other purposes."} | 1,923 | 315 | 0.655649 | 1.95697 | 0.846616 | 3.390845 | 6.591549 | 0.897887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renovate and Enhance Veterans'
Meeting Halls and Posts Act of 2010'' or the ``REVAMP Act of 2010''.
SEC. 2. COMPETITIVE GRANTS TO VETERANS SERVICE ORGANIZATIONS FOR
FACILITY REHABILITATION.
(a) Grants.--Section 107 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5307) is amended by adding at the end the
following new subsection:
``(g) Competitive Grants to Veterans Service Organizations for
Facility Rehabilitation.--
``(1) Authority.--Using the amounts made available under
section 106(a)(4) in each fiscal year for grants under this
subsection, the Secretary shall make grants, on a competitive
basis, to eligible veterans service organizations for use for
repairs and rehabilitation of existing facilities of such
organizations.
``(2) Eligible veterans service organizations.--For
purposes of this subsection, the term `eligible veterans
service organization' means--
``(A) an entity that is exempt from taxation
pursuant to section 501(c)(19) of the Internal Revenue
Code of 1986 (26 U.S.C. 501(c)(19)) and is organized on
a local or area basis; and
``(B) a local or area chapter, post, or other unit
of a national, regional, Statewide, or other larger
entity of which local or area chapters, posts, or units
are members, that is exempt from taxation pursuant to
section 501(c)(19) of the Internal Revenue Code of 1986
(26 U.S.C. 501(c)(19)).
Such term does not include any such national, regional,
Statewide, or other larger entity.
``(3) Limitations.--
``(A) Amount.--No eligible veterans service
organization may receive grant amounts under this
subsection, from the amounts made available for any
single fiscal year, in an amount exceeding the lesser
of--
``(i) the cost of the proposed repair or
rehabilitation; or
``(ii) $200,000.
``(B) Timing.--Any eligible veterans service
organization that receives grant amounts under this
subsection from amounts made available for a fiscal
year shall be ineligible for any grant from any amounts
made available for such grants for any of the
succeeding 5 fiscal years.
``(4) Applications.--Applications for assistance under this
subsection may be submitted only by eligible veterans service
organizations, and shall be in such form and in accordance with
such procedures as the Secretary shall establish. Such
applications shall include a plan for the proposed repair or
rehabilitation activities to be conducted using grant amounts
under this subsection.
``(5) Selection; criteria.--The Secretary shall select
applications to receive grants under this subsection pursuant
to a competition and based on criteria for such selection,
which shall include--
``(A) the extent of need for such assistance;
``(B) the quality of the plan proposed for repair
or rehabilitation of the facility involved;
``(C) the capacity or potential capacity of the
applicant to successfully carry out the plan; and
``(D) such other factors as the Secretary
determines to be appropriate.
``(6) Prohibition of construction or acquisition.--No
amounts from a grant under this subsection may be used for the
construction or acquisition of a new facility.''.
(b) Funding.--Subsection (a) of section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306(a)) is amended--
(1) in paragraph (4), by striking ``and (3)'' and inserting
``(3), and (4)'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) For each fiscal year, after reserving amounts under
paragraphs (1) and (2) and allocating amounts under paragraph
(3), the Secretary shall allocate $50,000,000 (subject to
sufficient amounts remaining after such reservations and
allocation) for grants under section 107(g).''.
(c) Regulations.--The Secretary of Housing and Urban Development
shall issue any regulations necessary to carry out sections 106(a)(4)
and 107(g) of the Housing and Community Development Act of 1974, as
added by the amendments made by this section, not later than the
expiration of the 90-day period beginning on the date of the enactment
of this Act. | Renovate and Enhance Veterans' Meeting Halls and Posts Act of 2010 or the REVAMP Act of 2010 - Amends the Housing and Community Development Act of 1974 to require the Secretary of Housing and Urban Development (HUD) to make grants, on a competitive basis, to eligible veterans service organizations for repairs and rehabilitation of their existing facilities.
Defines "eligible veterans service organization" as: (1) a tax-exempt entity organized on a local or area basis; and (2) a local or area chapter, post, or other unit of a national, regional, statewide, or other larger entity of which local or area chapters, posts, or units are members (but not any such national, regional, statewide, or other larger entity itself).
Prohibits an eligible veterans service organization from receiving such grant amounts, for any single fiscal year, in an amount exceeding the lesser of the cost of the proposed repair or rehabilitation or $200,000.
Makes a grant recipient ineligible to receive another such grant until after five succeeding fiscal years.
Prohibits the use of such grants for construction or acquisition of a new facility. | {"src": "billsum_train", "title": "To amend the Housing and Community Development Act of 1974 to set-aside community development block grant amounts in each fiscal year for grants to local chapters of veterans service organizations for rehabilitation of their facilities."} | 1,004 | 248 | 0.704451 | 1.925289 | 0.848768 | 5.210046 | 4.136986 | 0.908676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Caribbean Partnership
Act of 2014''.
SEC. 2. DEFINITION.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate.
SEC. 3. FINDINGS.
Congress finds the following:
(1) While often overlooked, the countries of the Caribbean
are important United States partners.
(2) United States-Caribbean cooperation on commerce,
security, and energy must be deepened.
(3) The countries of the Caribbean are key voting members
of the Organization of American States.
(4) There are five countries in the Caribbean with which
the United States has diplomatic relations, but within which
the United States does not have a permanent diplomatic
presence. Those countries are Antigua and Barbuda, Dominica,
St. Kitts and Nevis, St. Lucia, and St. Vincent and the
Grenadines.
(5) Diplomatic relations with these five countries are
conducted through the United States Embassy in Bridgetown,
Barbados.
(6) Due to the lack of presence of United States diplomats
in these five countries, citizens of these five countries are
required to travel to Barbados for all consular services.
(7) Due to the lack of presence of United States diplomats
in these five countries, in order to meet with local officials,
civil society representatives, private sector leaders, United
States citizens or others, embassy officials must fly from
Barbados to these countries on what are often expensive,
sometimes infrequent flights and remain overnight in what are
often expensive hotel rooms.
(8) Due to the lack of presence of United States diplomats
in these five countries, United States citizens living in and
visiting these five countries do not have full consular
services, and in the event of a consular emergency, air traffic
could be shut off to any of these islands, in effect stranding
United States citizens without full in-country consular
services.
(9) Due to the lack of presence of United States diplomats
in these five countries, key events, meetings, ceremonies, and
other opportunities are often not attended by United States
officials as they are in other countries where there is a
permanent diplomatic presence.
(10) Due to the lack of presence of United States diplomats
in these five countries, it is more difficult for United States
diplomats to establish close working relationships with local
officials, civil society representatives, and others.
(11) Due to the lack of presence of United States diplomats
in these five countries, United States official diplomatic
interaction with these countries, including delivery of
demarches and other diplomatic messages, which the Secretary of
State sometimes requires embassy officials to personally
deliver, particularly if of a confidential nature, is often
relegated to telephone, facsimile, or email, dramatically
reducing the ability of the United States to engage host
governments in substantive dialogue.
(12) Due to the lack of presence of United States diplomats
in these five countries, it is more difficult for the United
States to conduct public diplomacy in these five countries.
SEC. 4. ESTABLISHMENT OF UNITED STATES EMBASSIES WITH CONSULAR SERVICES
IN ANTIGUA AND BARBUDA, DOMINICA, ST. KITTS AND NEVIS,
ST. LUCIA, AND ST. VINCENT AND THE GRENADINES.
Not later than five years after the date of the enactment of this
Act, the Secretary of State shall establish United States embassies
with consular services in Antigua and Barbuda, Dominica, St. Kitts and
Nevis, St. Lucia, and St. Vincent and the Grenadines to--
(1) provide consular services to citizens of these
countries and United States citizens living in or traveling to
these countries; and
(2) engage in direct diplomacy with appropriate government
counterparts in these countries.
SEC. 5. REPORT.
Not later than one year after the date of the enactment of this Act
and annually thereafter until the requirements under section 4 have
been satisfied, the Secretary of State shall submit to the appropriate
congressional committees a report on the progress made toward carrying
out such section.
SEC. 6. EXCEPTION FOR DELAY.
The Secretary of State may delay for up to one year the carrying
out of section 4 if the Secretary determines that more time is needed
to carry out such section and submits to the appropriate congressional
committees a report explaining the reason for such delay.
SEC. 7. LIMITATION ON ADDITIONAL FUNDING.
To carry out this Act, the Secretary of State may use only amounts
that are available from the Embassy Security, Construction, and
Maintenance account and the Diplomatic and Consular Programs account of
the Department of State for such purpose. | United States-Caribbean Partnership Act of 2014 - Directs the Secretary of State to establish U.S. embassies with consular services in Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines to: (1) provide consular services to citizens of these countries and U.S. citizens living in or traveling to these countries, and (2) engage in direct diplomacy with appropriate government counterparts of these countries. | {"src": "billsum_train", "title": "United States-Caribbean Partnership Act of 2014"} | 1,033 | 115 | 0.534292 | 1.534318 | 0.580571 | 6.743902 | 11.804878 | 0.963415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Conservation Corps Act
of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There is a significant deficit in the capability of
many developing countries to manage their natural resources
sustainably, which is fundamental to achieving economic
development, poverty alleviation, conflict avoidance, good
governance, and regional security.
(2) Developing countries with a great wealth of natural
resources are facing a great risk of conflict. Issues that
arise in these countries include corruption, disputes over
control and distribution of the resources and resulting wealth,
fighting over and destruction of resources and resource-rich
areas, and human rights abuses.
(3) Developing countries that successfully manage their
natural resource wealth, however, continue to benefit from
these resources without resulting conflict.
(4) It is in the security interest of the United States to
share the vast experience and proven methodologies that the
United States has achieved over many decades with developing
countries struggling to establish their own successful natural
resource management programs and policies.
(5) The many United States senior professionals retiring
from both the public and private sector with extensive
experience and expertise in the field of natural resource
management, acting in a voluntary capacity, presents a unique
and important opportunity to help other countries develop the
capacity to manage their natural resources sustainably.
SEC. 3. ESTABLISHMENT OF PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of
State, shall establish a program to provide grants to qualifying
nonprofit organizations to enable such organizations to assign and
support volunteers to assist foreign countries identified under section
4 in the administration of their natural resources in an
environmentally sustainable manner.
(b) Details of the Program.--The Secretary shall develop and
implement the program such that it includes providing professional,
scientific, and technical assistance and training to aid foreign
countries in their efforts to--
(1) develop, manage, and protect national parks, natural
and cultural heritage sites, and other protected areas;
(2) protect wildlife; and
(3) develop capacity to sustainably manage their natural
resources.
SEC. 4. IDENTIFICATION OF FOREIGN COUNTRIES.
(a) In General.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall--
(1) identify foreign countries as appropriate for
participation in the program;
(2) notify such foreign countries of the program; and
(3) encourage such foreign countries to seek to participate
in the program.
SEC. 5. AWARD OF GRANTS TO QUALIFYING NONPROFIT ORGANIZATIONS.
(a) Application.--
(1) Required information.--To be eligible to receive a
grant under the program, a qualifying nonprofit organization
shall submit to the Secretary an application including
information regarding the expertise, past experience, and
demonstrated capacity of the organization, as well as such
other information as the Secretary may require.
(2) Time, form, and manner of application.--The application
described in paragraph 1 shall be submitted to the Secretary at
such time, and in such form and manner, as the Secretary may
require.
(3) Solicitation of applications.--The Secretary shall
solicit from qualifying nonprofit organizations applications
for grants in accordance with this section.
(b) Approval Process.--As soon as is practicable after the date of
receipt of an application by the Secretary under subsection (a), the
Secretary shall approve or disapprove the application.
(c) Provision of Grant.--As soon as is practicable after the date
on which the Secretary approves an application of a qualifying
nonprofit organization under subsection (b), the Secretary shall
provide a grant to such organization.
SEC. 6. USE OF FUNDS.
Any organization that receives a grant under section 5 shall use
funds received under such grant to--
(1) recruit highly skilled and experienced volunteers to
participate in the program; and
(2) place such volunteers with foreign countries
participating in the program to work in appropriate projects in
the program, subject to section 8.
SEC. 7. REPORTING REQUIREMENT.
(a) Submission of Periodic Reports.--At times specified by the
Secretary, any organization that receives a grant under section 5 shall
submit to the Secretary periodic reports that include all information
that the Secretary determines is necessary to evaluate the progress and
success of projects in the program for the purposes of ensuring
positive results, assessing problems, and fostering improvements.
(b) Internet Publication of Reports.--The Secretary shall make
reports under subsection (a) available to the public through the
Internet website of the Department of the Interior.
SEC. 8. TERMS AND CONDITIONS OF VOLUNTEER SERVICE.
(a) Assignment of Volunteers.--Except as otherwise provided in this
Act, the assignment of volunteers in appropriate projects in the
program shall be on such terms and conditions as the Secretary may
determine.
(b) Compensation of Volunteers.--Volunteers selected for
participation in projects in the program shall not be compensated
except for a stipend to cover travel costs, health and travel insurance
costs, living costs, and accommodations, awarded in such amounts as the
Secretary determines to be appropriate.
SEC. 9. FUNDING.
Of the unobligated amounts available to the Department of the
Interior for fiscal years 2013 through 2017, notwithstanding any other
provision of law specifying the purpose for which such amounts are
provided, $10,000,000 is authorized to be made available to carry out
this Act for each of the fiscal years 2013 through 2017.
SEC. 10. DEFINITIONS.
In this Act:
(1) Program.--The term ``program'' means the program
established pursuant to section 3.
(2) Qualifying nonprofit organization.--The term
``qualifying nonprofit organization'' means an entity described
in section 501(c) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | International Conservation Corps Act of 2012 - Directs: (1) the Secretary of the Interior to establish a program to provide grants to qualifying nonprofit organizations to assign and support volunteers to assist foreign countries in the administration of their natural resources in an environmentally sustainable manner, and (2) the Secretary of State to identify foreign countries for program participation. | {"src": "billsum_train", "title": "To establish a program to provide grants to nonprofit organizations to enable such organizations to assign and support volunteers to assist foreign countries in the administration of their natural resources in an environmentally sustainable manner."} | 1,294 | 66 | 0.553333 | 1.45406 | 1.247905 | 4.136364 | 18.727273 | 0.984848 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``West Virginia National Coal Heritage
Area Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) Certain events that led to the development of southern
West Virginia's coalfields during the latter part of the 19th
century and the early part of the current century are of
national historic and cultural significance in terms of their
contribution to the industrialization of the United States, the
organization of workers into trade unions and the unique
culture of the Appalachian Region.
(2) It is in the national interest to preserve and protect
physical remnants of this era for the education and benefit of
present and future generations.
(3) There is a need to provide assistance for the
preservation and promotion of those vestiges of southern West
Virginia's coal heritage which have outstanding cultural,
historic and architectural values.
SEC. 3. ESTABLISHMENT.
(a) In General.--For the purpose of preserving and interpreting for
the educational and inspirational benefit of present and future
generations certain lands and structures with unique and significant
historical and cultural values associated with the coal mining heritage
of the State of West Virginia and the Nation there is hereby
established the West Virginia National Coal Heritage Area (hereinafter
in this Act referred to as the ``Area'').
(b) Boundaries.--The Area shall be comprised of the counties in the
State of West Virginia that are the subject of the study by the
National Park Service, dated 1993, entitled ``A Coal Mining Heritage
Study: Southern West Virginia'' conducted pursuant to title VI of
Public Law 100-699.
(c) Administration.--The Area shall be administered in accordance
with this Act.
SEC. 4. CONTRACTUAL AGREEMENT.
The Secretary of the Interior (hereinafter referred to as the
``Secretary'') is authorized to enter into a contractual agreement with
the Governor of the State of West Virginia, acting through the Division
of Culture and History and the Division of Tourism and Parks, pursuant
to which the Secretary shall assist the State of West Virginia and its
units of local government in each of the following:
(1) The development and implementation of integrated
cultural, historical and land resource management policies and
programs in order to retain, enhance and interpret the
significant values of the lands, waters and structures of the
Area.
(2) The preservation, restoration, maintenance, operation,
interpretation and promotion of buildings, structures,
facilities, sites and points of interest for public use that
possess cultural, historical and architectural values
associated with the coal mining heritage of the Area.
(3) The coordination of activities by Federal, State and
local governments and private businesses and organizations in
order to further historic preservation and compatible economic
revitalization.
(4) The development of guidelines and standards for
projects, consistent with standards established by the National
Park Service, for the preservation and restoration of historic
properties, including interpretive methods, that will further
historic preservation in the region.
(5) The acquisition of real property, or interests in real
property, by donation or by purchase, for public use that
possess cultural, historical and architectural values
associated with the coal mining heritage of the Area from a
willing seller with donated or appropriated funds.
SEC. 5. ELIGIBLE RESOURCES.
The resources eligible for the assistance under paragraphs (2) and
(5) of section 4 shall include those set forth in appendix D of the
study by the National Park Service, dated 1993, entitled ``A Coal
Mining Heritage Study: Southern West Virginia'' conducted pursuant to
title VI of Public Law 100-699. Priority consideration shall be given
to those sites listed as ``Conservation Priorities'' and ``Important
Historic Resources'' as depicted on the map entitled ``Study Area:
Historic Resources'' in such study.
SEC. 6. COAL HERITAGE MANAGEMENT PLAN.
(a) In General.--Pursuant to the contractual agreement referred to
in section 4, within 2 years after the date of enactment of this Act,
the Governor of the State of West Virginia, acting through the Division
of Culture and History and the Division of Tourism and Parks, shall
submit to the Secretary a Coal Heritage Management Plan for the Area.
The plan shall at a minimum--
(1) set forth the integrated cultural, historical and land
resource management policies and programs referred to in
section 4;
(2) describe the guidelines and standards for projects
referred to in section 4; and
(3) set forth the responsibilities of the State of West
Virginia, units of local government, non-profit entities or of
the Secretary to administer any properties acquired pursuant to
section 4.
(b) Plan Approval.--The Secretary shall approve the plan submitted
under subsection (a) unless he determines that it would not meet the
objectives of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
SEC. 8. DESIGNATION OF MINERS' MARCH TRAIL AS A STUDY TRAIL.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following new paragraph:
``( ) The route from Lens Creek near Marmet to Blair Mountain in
West Virginia traveled by coal miners dramatizing the need for social
justice between August 20, 1921, and September 4, 1921, during what is
commonly known as the Battle of Blair Mountain.''. | West Virginia National Coal Heritage Act of 1994 - Establishes the West Virginia National Coal Heritage Area. Authorizes the Secretary of the Interior to contract with the Governor of West Virginia to provide assistance in preserving, restoring, maintaining, operating, and promoting the coal-related facilities of the Area for cultural and historical purposes. Directs the Governor to submit to the Secretary for approval a coal heritage management plan for the Area. Authorizes appropriations.
Amends the National Trails System Act to designate as a study trail the route traveled by coal miners from Lens Creek near Marmet to Blair Mountain in West Virginia. | {"src": "billsum_train", "title": "West Virginia National Coal Heritage Area Act of 1994"} | 1,200 | 136 | 0.519034 | 1.426935 | 0.706915 | 3.603448 | 9.853448 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Access to Prescription
Medications Act of 2009''.
SEC. 2. MEDICARE PART D PRESCRIPTION DRUG PLANS.
(a) In General.--Section 1860D-2(b)(4) of the Social Security Act
(42 U.S.C. 1395w-102(b)(4)) is amended by adding at the end the
following new subparagraph:
``(E) Additional protections.--
``(i) In general.--Notwithstanding any
other provision of this part, effective for
plan years beginning on or after January 1,
2011, a PDP sponsor of a prescription drug plan
and an MA organization offering an MA-PD plan
shall, with respect to any co-payment or
coinsurance requirements applicable to covered
part D drugs under the plan, ensure that--
``(I) such required co-payment or
coinsurance does not exceed the base
cost of the covered part D drug (as
determined by the Secretary);
``(II) such required co-payment or
coinsurance does not exceed $200 per
month for any single covered part D
drug (30-day supply); and
``(III) such required co-payment or
coinsurance does not exceed, in the
aggregate for all covered part D drugs,
$500 per month.
``(ii) Adjustments.--The amounts described
in clauses (II) and (III) of clause (i) shall
be annually adjusted to reflect the average of
the percentage increase or decrease in the
Consumer Price Index for all urban consumers
(U.S. city average) and the percentage increase
or decrease in the medical care component of
such Consumer Price Index during the calendar
year preceding the year for which the
adjustment is being made.''.
(b) Expansion of Exceptions Process.--Effective for plan years
beginning on or after January 1, 2011, the Secretary shall expand the
formulary tier exception request process under sections 423.560 through
423.636 of title 42, Code of Federal Regulations (as in effect on the
date of enactment of this Act), to allow individuals enrolled in a
prescription drug plan under part D of title XVIII of the Social
Security Act or an MA-PD plan under part C of such title to request an
exception for a specialty prescription drug to a plan's designation of
a covered part D drug (as defined in section 1860D-2(e) of such Act (42
U.S.C. 1395w-102(e)) as a non-preferred prescription drug.
(c) MedPAC Studies and Reports.--
(1) Study and report on the medicare part d anti-
discrimination clause.--
(A) Study.--The Medicare Payment Advisory
Commission shall conduct a study on various aspects of
the prescription drug program under part D of title
XVIII of the Social Security Act and, to the greatest
extent practicable, the interaction of such program
with Medicare beneficiary access to covered drugs under
part B of such title. Such study shall include the
following:
(i) An analysis of--
(I) the use of specialty tiers for
covered part D drugs under prescription
drug plans and MA-PD plans; and
(II) the effect of such specialty
tiers on access to care for Medicare
beneficiaries.
(ii) Consideration of the mechanisms
described in subparagraph (B) in the context of
the provisions of section 1860D-11(e)(2)(D) of
the Social Security Act (42 U.S.C. 1395w-
111(e)(2)(D)) (in this paragraph referred to as
the ``Medicare part D anti-discrimination
clause'').
(B) Mechanisms described.--The following mechanisms
are described in this subparagraph:
(i) The use of specialty tiers for covered
part D drugs under prescription drug plans and
MA-PD plans.
(ii) The application of segmented
coinsurance or copayment structures to covered
part D drugs based on certain categories of
such drugs or diagnoses.
(iii) The utilization of other differential
benefit structures based on certain conditions
and Medicare beneficiaries under prescription
drug plans and MA-PD plans, including an
analysis of the interaction between such
utilization and the effects of such utilization
with the Medicare part D anti-discrimination
clause.
(C) Report.--Not later than 1 year after the date
of enactment of this Act, the Medicare Payment Advisory
Commission shall submit to Congress a report containing
the results of the study conducted under subparagraph
(A), together with recommendations for such legislation
and administrative action as the Commission determines
appropriate.
(D) Revised guidance.--Based on the results of the
study conducted under subparagraph (A), the Secretary
shall issue revised guidance regarding the use of
mechanisms described in subparagraph (B) to all PDP
sponsors offering prescription drug plans under part D
of title XVIII of the Social Security Act and Medicare
Advantage organizations offering MA-PD plans under part
C of such title.
(2) Study and report on cost-sharing for prescription drugs
under parts b and d.--
(A) Study.--The Medicare Payment Advisory
Commission shall conduct a study on cost-sharing for
prescription drugs under parts B and D of title XVIII
of the Social Security Act. Such study shall include an
analysis of the impact of eliminating cost-sharing for
covered part D drugs for Medicare beneficiaries who--
(i) incur annual out-of-pocket cost-sharing
after the initial coverage limit under section
1860D-2(b)(3) of such Act (42 U.S.C. 1395w-102)
that exceeds 5 percent of the income of the
beneficiary (as determined under section 1860D-
14(a)(3)(C) of such Act (42 U.S.C. 1395w-
114(a)(3)(C)); and
(ii) do not otherwise qualify for an
income-related subsidy under section 1860D-
14(a) of such Act (42 U.S.C. 1395w-114(a)) or
other extra help or cost-sharing relief.
(B) Report.--Not later than 6 months after the date
of enactment of this Act, the Medicare Payment Advisory
Commission shall submit to Congress a report containing
the results of the study conducted under subparagraph
(A), together with recommendations for such legislation
and administrative action as the Commission determines
appropriate.
(3) Definitions.--In this section:
(A) Covered part d drug.--The term ``covered part D
drug'' has the meaning given such term in section
1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-
102(e)).
(B) MA-PD plan.--The term ``MA-PD'' plan has the
meaning given such term in paragraph (9) of section
1860D-41(a) of such Act (42 U.S.C. 1395w-151(a)).
(C) Medicare advantage organization.--The term
``Medicare Advantage organization'' has the meaning
given such term in section 1859(a)(1) of such Act (42
U.S.C. 1395w-28(a)(1)).
(D) PDP sponsor.--The term ``PDP sponsor'' has the
meaning given such term in paragraph (13) of such
section 1860D-41(a).
(E) Prescription drug plan.--The term
``prescription drug plan'' has the meaning given such
term in paragraph (14) of such section.
SEC. 3. PRIVATE HEALTH INSURANCE.
(a) Group Health Plans.--
(1) Public health service act amendments.--
(A) In general.--Subpart 2 of part A of title XXVII
of the Public Health Service Act is amended by adding
at the end the following new section:
``SEC. 2708. PROVISIONS RELATING TO PRESCRIPTION DRUGS.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides coverage
for prescription drugs shall, with respect to any co-payment or
coinsurance requirements applicable to such drug coverage, ensure
that--
``(1) such required co-payment or coinsurance does not
exceed the base cost of the prescription drug (as determined by
the Secretary);
``(2) such required co-payment or coinsurance does not
exceed $200 per month for any single prescription drug (30-day
supply); and
``(3) such required co-payment or coinsurance does not
exceed, in the aggregate for all prescription drugs, $500 per
month.
``(b) Adjustments.--The amounts described in paragraphs (2) and (3)
of subsection (a) shall be annually adjusted to reflect the average of
the percentage increase or decrease in the Consumer Price Index for all
urban consumers (U.S. city average) and the percentage increase or
decrease in the medical care component of such Consumer Price Index
during the calendar year preceding the year for which the adjustment is
being made.
``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) 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) Conforming amendment.--Section 2723(c) of such
Act (42 U.S.C. 300gg-23(c)) is amended by striking
``section 2704'' and inserting ``sections 2704 and
2708''.
(2) ERISA amendments.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 is amended by adding at the end the
following new section:
``SEC. 715. PROVISIONS RELATING TO PRESCRIPTION DRUGS.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides coverage
for prescription drugs shall, with respect to any co-payment or
coinsurance requirements applicable to such drug coverage, ensure
that--
``(1) such required co-payment or coinsurance does not
exceed the base cost of the prescription drug (as determined by
the Secretary of Health and Human Services);
``(2) such required co-payment or coinsurance does not
exceed $200 per month for any single prescription drug (30-day
supply); and
``(3) such required co-payment or coinsurance does not
exceed, in the aggregate for all prescription drugs, $500 per
month.
``(b) Adjustments.--The amounts described in paragraphs (2) and (3)
of subsection (a) shall be annually adjusted to reflect the average of
the percentage increase or decrease in the Consumer Price Index for all
urban consumers (U.S. city average) and the percentage increase or
decrease in the medical care component of such Consumer Price Index
during the calendar year preceding the year for which the adjustment is
being made.
``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) with respect to the
requirements of this section as if such section applied to such
plan.''.
(B) Table of contents.--The table of contents in
section 1 of such Act is amended by inserting after the
item relating to section 714 the following new item:
``Sec. 715. Provisions relating to prescription drugs.''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 9813. PROVISIONS RELATING TO PRESCRIPTION DRUGS.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides coverage
for prescription drugs shall, with respect to any co-payment or
coinsurance requirements applicable to such drug coverage, ensure
that--
``(1) such required co-payment or coinsurance does not
exceed the base cost of the prescription drug (as determined by
the Secretary of Health and Human Services);
``(2) such required co-payment or coinsurance does not
exceed $200 per month for any single prescription drug (30-day
supply); and
``(3) such required co-payment or coinsurance does not
exceed, in the aggregate for all prescription drugs, $500 per
month.
``(b) Adjustments.--The amounts described in paragraphs (2) and (3)
of subsection (a) shall be annually adjusted to reflect the average of
the percentage increase or decrease in the Consumer Price Index for all
urban consumers (U.S. city average) and the percentage increase or
decrease in the medical care component of such Consumer Price Index
during the calendar year preceding the year for which the adjustment is
being made.
``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) 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) Clerical amendment.--The table of sections for
such subchapter is amended by adding at the end the
following new item:
``Sec. 9813. Provisions relating to prescription drugs.''.
(b) Individual Health Insurance.--
(1) In general.--Part B of title XXVII of the Public Health
Service Act is amended by inserting after section 2752 the
following new section:
``SEC. 2754. PROVISIONS RELATING TO PRESCRIPTION DRUGS.
``The provisions of section 2708 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(2) Conforming amendment.--Section 2762(b)(2) of such Act
(42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section
2751'' and inserting ``sections 2751 and 2754''.
(c) Application to FEHBP.--The amendments made by this section
shall apply to the administration of chapter 89 of title 5, United
States Code. | Affordable Access to Prescription Medications Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act, the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code, with respect to prescription drug plans, to limit the required co-payment or coinsurance for any one prescription to $200, and for all prescriptions in any month to $500.
Requires the Secretary of Health and Human Services (HHS), for plan years beginning on or after January 1, 2011, to expand the formulary tier exception request process to allow Medicare beneficiaries enrolled in a prescription drug plan to request an exception for a specialty prescription drug as a non-preferred prescription drug.
Requires the Medicare Payment Advisory Commission to study and report to Congress on: (1) the prescription drug program under Medicare part D and the interaction of such program with Medicare beneficiary access to covered drugs under part B; and (2) cost-sharing for prescription drugs under Medicare parts B and D, including an analysis of the impact of eliminating cost-sharing for covered part D drugs for Medicare beneficiaries who incur annual out-of-pocket cost-sharing, after the initial coverage limit, that exceeds 5% of their income and who do not otherwise qualify for an income-related subsidy or other extra help or cost-sharing relief. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act of improve prescription drug coverage under Medicare part D and to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to improve prescription drug coverage under private health insurance, and for other purposes."} | 3,184 | 286 | 0.6317 | 1.718348 | 0.706507 | 4.548872 | 10.556391 | 0.962406 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Certified Nurse Midwifery Medicare
Services Act of 1999''.
SEC. 2. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE
SERVICES.
(a) Certified Midwife, Certified Midwife Services Defined.--(1)
Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is
amended by adding at the end the following new paragraphs:
``(3) The term `certified midwife services' means such services
furnished by a certified midwife (as defined in paragraph (4)) and such
services and supplies furnished as an incident to the certified
midwife's service which the certified midwife is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) as would otherwise be payable under this title if furnished
by a physician or as an incident to a physician's service.
``(4) The term `certified midwife' means an individual who has
successfully completed a bachelor's degree from an accredited
educational institution and a program of study and clinical experience
meeting guidelines prescribed by the Secretary, or has been certified
by an organization recognized by the Secretary.''.
(2) The heading in section 1861(gg) of such Act (42 U.S.C.
1395x(gg)) is amended to read as follows:
``Certified Nurse-Midwife Services; Certified Midwife Services''.
(b) Certified Midwife Service Benefit.--
(1) Medical and other services.--Section 1861(s)(2)(L) of
such Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting
``and certified midwife services'' before the semicolon.
(2) Payment to hospital for patients under care of
certified nurse-midwife or certified midwife.--Section
1861(e)(4) of such Act (42 U.S.C. 1395x(e)(4)) is amended--
(A) by inserting ``(i)'' after ``except that''; and
(B) by inserting before the semicolon the
following: ``and (ii) a patient receiving certified
nurse-midwife services or certified midwife services
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) may be under the care of a certified
nurse-midwife or certified midwife with respect to such
services to the extent permitted under State law''.
(3) Inpatient hospital service at teaching hospitals.--
Section 1861(b) of such Act (42 U.S.C. 1395x(b)) is amended--
(A) in paragraph (4), by inserting ``certified
midwife services,'' after ``certified nurse-midwife
services,'';
(B) in paragraph (6), by striking ``; or'' and
inserting ``or in the case of services in a hospital or
osteopathic hospital by an intern or resident-in-
training in the field of obstetrics and gynecology,
nothing in this paragraph shall be construed to
preclude a certified nurse-midwife or certified midwife
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) from teaching or supervising such
intern or resident-in-training, to the extent permitted
under State law and as may be authorized by the
hospital; or'';
(C) in paragraph (7), by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(8) a certified nurse-midwife or a certified midwife
where the hospital has a teaching program approved as specified
in paragraph (6), if (A) the hospital elects to receive any
payment due under this title for reasonable costs of such
services, and (B) all certified nurse-midwives or certified
midwives in such hospital agree not to bill charges for
professional services rendered in such hospital to individuals
covered under the insurance program established by this
title.''.
(4) Benefit under part b.--Section 1832(a)(2)(B)(iii) of
such Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended--
(A) by inserting ``(I)'' after ``(iii)'';
(B) by inserting ``certified midwife services,''
after ``certified nurse-midwife services,''; and
(C) by adding at the end the following new
subclause:
``(II) in the case of certified nurse-
midwife services or certified midwife services
furnished in a hospital which has a teaching
program described in clause (i)(II), such
services may be furnished as provided under
section 1842(b)(7)(E) and section
1861(b)(8);''.
(5) Amount of payment.--Section 1833(a)(1)(K) of such Act
(42 U.S.C. 1395l(a)(1)(K)) is amended--
(A) by inserting ``and certified midwife services''
after ``certified nurse-midwife services''; and
(B) by striking ``65 percent'' each place it
appears and inserting ``95 percent''.
(6) Assignment of payment.--The first sentence of section
1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended--
(A) by striking ``and (F)'' and inserting ``(F)'';
and
(B) by inserting before the period the following:
``, and (G) in the case of certified nurse-midwife
services or certified midwife services under section
1861(s)(2)(L), payment may be made in accordance with
subparagraph (A), except that payment may also be made
to such person or entity (or to the agent of such
person or entity) as the certified nurse-midwife or
certified midwife may designate under an agreement
between the certified nurse-midwife or certified
midwife and such person or entity (or the agent of such
person or entity)''.
(7) Clarification regarding payments under part b for such
services furnished in teaching hospitals.--(A) Section
1842(b)(7) of such Act (42 U.S.C. 1395u(b)(7)) is amended--
(i) in subparagraphs (A) and (C), by inserting
``or, for purposes of subparagraph (E), the conditions
described in section 1861(b)(8),'' after ``section
1861(b)(7),''; and
(ii) by adding at the end the following new
subparagraph:
``(E) In the case of certified nurse-midwife services or certified
midwife services furnished to a patient in a hospital with a teaching
program approved as specified in section 1861(b)(6) but which does not
meet the conditions described in section 1861(b)(8), the provisions of
subparagraphs (A) through (C) shall apply with respect to a certified
nurse-midwife or a certified midwife respectively under this
subparagraph as they apply to a physician under subparagraphs (A)
through (C).''.
(B) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall prescribe regulations to carry
out the amendments made by subparagraph (A).
SEC. 3. MEDICARE PAYMENT FOR FREESTANDING BIRTH CENTER SERVICES.
(a) Freestanding Birth Center Services, Freestanding Birth Center
Defined.--
(1) In general.--(A) Section 1861(gg) of the Social
Security Act (42 U.S.C. 1395x(gg)), as amended in section
2(a)(1), is amended by adding at the end the following new
paragraphs:
``(5) The term `freestanding birth center services' means items and
services furnished by a freestanding birth center (as defined in
paragraph (6)) and such items and services furnished as an incident to
the freestanding birth center's service as would otherwise be covered
if furnished by a physician or as an incident to a physician's service.
``(6) The term `freestanding birth center' means a facility,
institution, or site (other than a rural health clinic, critical access
hospital, or a sole community hospital) (A) in which births are planned
to occur (outside the mother's place of residence), (B) in which
comprehensive health care services are furnished, and (C) which has
been approved by the Secretary or accredited by an organization
recognized by the Secretary for purposes of accrediting freestanding
birth centers. Such term does not include a facility, institution, or
site that is a hospital or an ambulatory surgical center, unless with
respect to ambulatory surgical centers, the State law or regulation
that regulates such centers also regulates freestanding birth centers
in the State.''.
(B) The heading in section 1861(gg) of such Act (42 U.S.C.
1395x(gg)), as amended in section 2(b)(2), is further amended
by adding at the end the following:
``; Freestanding Birth Center Services''.
(2) Medical and other services.--Section 1861(s)(2)(L) of
such Act (42 U.S.C. 1395x(s)(2)(L)), as amended in section
2(b)(1), is further amended--
(A) by inserting ``(i)'' after ``(L)'';
(B) by adding ``and'' after the semicolon; and
(C) by adding at the end the following new clause:
``(ii) freestanding birth center services;''.
(b) Part B Benefit.--
(1) In general.--Section 1832(a)(2)(B)(iii) of such Act (42
U.S.C. 1395k(a)(2)(B)(iii)), as amended in section 2(b)(4), is
further amended by inserting ``freestanding birth center
services,'' after ``certified midwife services,''.
(2) Amount of payment.--Section 1833(a)(1) of such Act (42
U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (S)'' and inserting in lieu
thereof ``(S)''; and
(B) by inserting before the semicolon the following
new subparagraph: ``, and (T) with respect to
freestanding birth center services under section
1861(s)(2)(L)(ii), the amount paid shall be made on an
assignment-related basis, and shall be 80 percent of
the lesser of (i) the actual charge for the services or
(ii) an amount established by the Secretary for
purposes of this subparagraph, such amount being 95
percent of the Secretary's estimate of the average
total payment made to hospitals and physicians during
1997 for charges for delivery and pre-delivery visits,
such amounts adjusted to allow for regional variations
in labor costs; except that (I) such estimate shall not
include payments for diagnostic tests, drugs, or the
cost associated with the transfer of a patient to the
hospital or the physician whether or not separate
payments were made under this title for such tests,
drugs, or transfers, and (II) such amount shall be
updated by applying the single conversion factor for
1998 under section 1848(d)(1)(C)''.
SEC. 4. INTERIM, FINAL REGULATIONS.
Except as provided in section 2(b)(7)(B), in order to carry out the
amendments made by this Act in a timely manner, the Secretary of Health
and Human Services may first promulgate regulations, that take effect
on an interim basis, after notice and pending opportunity for public
comment, by not later than 6 months after the date of the enactment of
this Act. | Declares that nothing precludes certified nurse-midwives and certified midwives from teaching or supervising an intern or resident-in-training. | {"src": "billsum_train", "title": "Certified Nurse Midwifery Medicare Services Act of 1999"} | 2,739 | 35 | 0.476837 | 1.170626 | 0.285623 | 3.083333 | 94.75 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Depository Institution Disaster
Relief Act of 1997''.
SEC. 2. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT.
(a) Truth in Lending Act.--During the 180-day period beginning on
the date of enactment of this Act, the Board may make exceptions to the
Truth in Lending Act (15 U.S.C. 1601 et seq.) for transactions within
an area in which the President, pursuant to section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), has determined that a major disaster exists, or within
an area determined to be eligible for disaster relief under other
Federal law by reason of damage related to the 1997 flooding of the Red
River of the North and its tributaries, if the Board determines that
the exception can reasonably be expected to alleviate hardships to the
public resulting from such disaster that outweigh possible adverse
effects.
(b) Expedited Funds Availability Act.--During the 180-day period
beginning on the date of enactment of this Act, the Board may make
exceptions to the Expedited Funds Availability Act (12 U.S.C. 4001 et
seq.) for depository institution offices located within any area
referred to in subsection (a) if the Board determines that the
exception can reasonably be expected to alleviate hardships to the
public resulting from such disaster that outweigh possible adverse
effects.
(c) Time Limit on Exceptions.--Any exception made under this
section shall expire not later than the earlier of--
(1) 1 year after the date of enactment of this Act; or
(2) 1 year after the date of any determination referred to
in subsection (a).
(d) Publication Required.--Not later than 60 days after the date of
a determination under subsection (a), the Board shall publish in the
Federal Register a statement that--
(1) describes the exception made under this section; and
(2) explains how the exception can reasonably be expected
to produce benefits to the public that outweigh possible
adverse effects.
SEC. 3. DEPOSIT OF INSURANCE PROCEEDS.
The appropriate Federal banking agency may, by order, permit an
insured depository institution, during the 18-month period beginning on
the date of enactment of this Act, to subtract from the institution's
total assets, in calculating compliance with the leverage limit
prescribed under section 38 of the Federal Deposit Insurance Act (12
U.S.C. 18310), an amount not exceeding the qualifying amount
attributable to insurance proceeds, if the agency determines that--
(1) the institution--
(A) had its principal place of business within an
area in which the President, pursuant to section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, has determined that a major disaster
exists, or within an area determined to be eligible for
disaster relief under other Federal law by reason of
damage related to the 1997 flooding of the Red River of
the North and its tributaries, on the day before the
date of any such determination;
(B) derives more than 60 percent of its total
deposits from persons who normally reside within, or
whose principal place of business is normally within,
areas of intense devastation caused by the major
disaster;
(C) was adequately capitalized (as defined in
section 38 of the Federal Deposit Insurance Act (12
U.S.C. 18310)) before the major disaster; and
(D) has an acceptable plan for managing the
increase in its total assets and total deposits; and
(2) the subtraction is consistent with the purpose of
section 38 of the Federal Deposit Insurance Act (12 U.S.C.
18310).
SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS.
(a) In General.--During the 180-day period beginning on the date of
enactment of this Act, a qualifying regulatory agency may take any of
the following actions with respect to depository institutions or other
regulated entities whose principal place of business is within, or with
respect to transactions or activities within, an area in which the
President, pursuant to section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, has determined that a major
disaster exists, or within an area determined to be eligible for
disaster relief under other Federal law by reason of damage related to
the 1997 flooding of the Red River of the North and its tributaries, if
the agency determines that the action would facilitate recovery from
the major disaster:
(1) Procedure.--Exercise the agency's authority under
provisions of law other than this section without complying
with--
(A) any requirement of section 553 of title 5,
United States Code; or
(B) any provision of law that requires notice or
opportunity for hearing or sets maximum or minimum time
limits with respect to agency action.
(2) Publication requirements.--Make exceptions, with
respect to institutions or other entities for which the agency
is the primary Federal regulator, to--
(A) any publication requirement with respect to
establishing branches or other deposit-taking
facilities; or
(B) any similar publication requirement.
(b) Publication Required.--Not later than 90 days after the date of
an action under this section, a qualifying regulatory agency shall
publish in the Federal Register a statement that--
(1) describes the action taken under this section; and
(2) explains the need for the action.
(c) Qualifying Regulatory Agency Defined.--For purposes of this
section, the term ``qualifying regulatory agency'' means--
(1) the Board;
(2) the Office of the Comptroller of the Currency;
(3) the Office of Thrift Supervision;
(4) the Federal Deposit Insurance Corporation;
(5) the Federal Financial Institutions Examination Council;
(6) the National Credit Union Administration; and
(7) with respect to chapter 53 of title 31, United States
Code, the Secretary of the Treasury.
SEC. 5. SENSE OF THE CONGRESS.
It is the sense of the Congress that each Federal financial
institutions regulatory agency should, by regulation or order, make
exceptions to the appraisal standards prescribed by title XI of the
Financial Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 3331 et seq.) for transactions involving institutions for
which the agency is the primary Federal regulator with respect to real
property located within a disaster area pursuant to section 1123 of the
Financial Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 3352), if the agency determines that the exceptions can
reasonably be expected to alleviate hardships to the public resulting
from such disaster that outweigh possible adverse effects.
SEC. 6. OTHER AUTHORITY NOT AFFECTED.
Nothing in this Act limits the authority of any department or
agency under any other provision of law.
SEC. 7. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same meaning as
in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
18310).
(2) Board.--The term ``Board'' means the Board of Governors
of the Federal Reserve System.
(3) Federal financial institutions regulatory agency.--The
term ``Federal financial institutions regulatory agency'' has
the same meaning as in section 1121 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 3350).
(4) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act (12 U.S.C. 1813).
(5) Leverage limit.--The term ``leverage limit'' has the
same meaning as in section 38 of the Federal Deposit Insurance
Act (12 U.S.C. 1813).
(6) Qualifying amount attributable to insurance proceeds.--
The term ``qualifying amount attributable to insurance
proceeds'' means the amount (if any) by which the institution's
total assets exceed the institution's average total assets
during the calendar quarter ending before the date of any
determination referred to in section 3(1)(A), because of the
deposit of insurance payments or governmental assistance made
with respect to damage caused by, or other costs resulting
from, the major disaster. | Depository Institution Disaster Relief Act of 1997 - Authorizes the Board of Governors of the Federal Reserve System to make exceptions to the Truth in Lending Act and the Expedited Funds Availability Act with respect to transactions and depository institutions located within national disaster areas produced by the 1997 flooding of the Red River and its tributaries, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public that outweigh possible adverse effects.
Authorizes the appropriate Federal banking agency to permit an insured depository institution in such a disaster area, which also meets certain other requirements, to subtract the amount of disaster insurance proceeds or governmental assistance from its total assets when calculating compliance with mandatory leverage limits of the Federal Deposit Insurance Act.
Authorizes the Board and other Federal banking agencies to disregard specified rulemaking procedural and publication requirements of Federal law with respect to such depository institutions.
Expresses the sense of the Congress that each Federal financial institution regulatory agency should make exceptions to the appraisal standards prescribed by the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 with respect to real property located within a disaster area, if the agency determines that this can reasonably be expected to alleviate hardships to the public that outweigh possible adverse effects. | {"src": "billsum_train", "title": "Depository Institution Disaster Relief Act of 1997"} | 1,864 | 273 | 0.677443 | 2.130754 | 0.915675 | 4.398268 | 7.272727 | 0.935065 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Adjustment, Relief, and
Education Act'' or the ``CARE Act''.
SEC. 2. DEFINITION.
In this Act, the term ``secondary school student'' means a student
enrolled in any of the grades 7 through 12.
SEC. 3. STATE FLEXIBILITY IN PROVIDING IN-STATE TUITION FOR COLLEGE-AGE
ALIEN CHILDREN.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; division C;
110 Stat. 3009-672) (8 U.S.C. 1623) is hereby repealed.
(b) Effective Date.--The repeal made by this section to the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 shall take
effect as if included in the enactment of such Act.
SEC. 4. -CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN
ALIEN CHILDREN.
(a) In General.--Section 240A of the Immigration and Nationality
Act (8 U.S.C. 1229b) is amended--
(1) in subsection (b), by inserting at the end the
following new paragraph:
``(5) Special rule for residents brought to the united
states as children.--
``(A) Authority.--Subject to the restrictions in
subparagraph (B), the Attorney General shall cancel
removal of, and adjust to the status of an alien
lawfully admitted for permanent residence, an alien who
is inadmissible or deportable from the United States,
if the alien applies for relief under this paragraph
and demonstrates that on the date of application for
such relief--
``(i) the alien had not attained the age of
21;
``(ii) the alien had been physically
present in the United States for a continuous
period of not less than five years immediately
preceding the date of such application;
``(iii) the alien had been a person of good
moral character during the five-year period
preceding the application; and
``(iv) the alien--
``(I) was a secondary school
student in the United States;
``(II) was attending an institution
of higher education in the United
States as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C.
1001); or
``(III) with respect to whom the
registrar of such an institution of
higher education in the United States
had certified that the alien had
applied for admission, met the minimum
standards for admission, and was being
considered for admission.
``(B) Restrictions on authority.--Subparagraph (A)
does not apply to--
``(i) an alien who is inadmissible under
section 212(a)(2)(A)(i)(I), or is deportable
under section 237(a)(2)(A)(i), unless the
Attorney General determines that the alien's
removal would result in extreme hardship to the
alien, the alien's child, or (in the case of an
alien who is a child) to the alien's parent; or
``(ii) an alien who is inadmissible under
section 212(a)(3), or is deportable under
section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii).'';
and
(2) in subsection (d)(1)(A), by inserting ``or (5)'' after
``subsection (b)(2)''.
(b) Exemption From Numerical Limitations.--Section 240A of the
Immigration and Nationality Act (8 U.S.C. 1229b), as amended by this
Act, is further amended in subsection (e)(3) by adding at the end the
following new subparagraph:
``(C) Aliens described in subsection (b)(5).''.
(c) Application of Provisions.--For the purpose of applying section
240A(b)(5)(A) of the Immigration and Nationality Act (as added by
subsection (a))--
(1) an individual shall be deemed to have met the
qualifications of clause (i) of such section 240A(b)(5)(A) if
the individual--
(A) had not attained the age of 21 prior to the
date of enactment of this Act; and
(B) applies for relief under this section within
120 days of the effective date of regulations
implementing this section; and
(2) an individual shall be deemed to have met the
requirements of clauses (i), (ii), and (iv) of such section
240A(b)(5)(A) if--
(A) the individual would have met such requirements
at any time during the four-year period immediately
preceding the date of enactment of this Act; and
(B) the individual has graduated from, or is on the
date of application for relief under such section
240A(b)(5) enrolled in, an institution of higher
education in the United States (as defined in clause
(iv) of such section 240A(b)(5)(A)).
(d) Confidentiality of Information.--
(1) Prohibition.--Neither the Attorney General, nor any
other official or employee of the Department of Justice may--
(A) use the information furnished by the applicant
pursuant to an application filed under section
240A(b)(5) of the Immigration and Nationality Act (as
added by this Act) for any purpose other than to make a
determination on the application;
(B) make any publication whereby the information
furnished by any particular individual can be
identified; or
(C) permit anyone other than the sworn officers and
employees of the Department or, with respect to
applications filed under such section 240A(b)(5) with a
designated entity, that designated entity, to examine
individual applications.
(2) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this subsection
shall be fined not more than $10,000.
(e) Regulations.--
(1) Proposed regulation.--Not later than 60 days after the
date of enactment of this Act, the Attorney General shall
publish proposed regulations implementing this section.
(2) Interim, final regulations.--Not later than 120 days
after the date of enactment of this Act, the Attorney General
shall publish final regulations implementing this section. Such
regulations shall be effective immediately on an interim basis,
but shall be subject to change and revision after public notice
and opportunity for a period of public comment.
(3) Elements of regulations.--In promulgating regulations
described in paragraphs (1) and (2), the Attorney General shall
do the following:
(A) Application for relief.--Establish a procedure
allowing eligible individuals to apply affirmatively
for the relief available under section 240A(b)(5) of
the Immigration and Nationality Act (as added by this
Act) without being placed in removal proceedings.
(B) Continuous presence.--Ensure that an alien
shall not be considered to have failed to maintain
continuous physical presence in the United States for
purposes of section 240A(b)(5)(ii) of the Immigration
and Nationality Act (as added by this Act) by virtue of
brief, casual, and innocent absences from the United
States.
(f) Conforming Amendment.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)), as amended by this Act, is further
amended in paragraph (4) by striking ``paragraph (1) or (2)'' each
place it occurs and inserting ``paragraph (1), (2), or (5)''.
SEC. 5. ELIGIBILITY OF CANCELLATION APPLICANTS FOR EDUCATIONAL
ASSISTANCE.
(a) Qualified Aliens.--Section 431 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is
amended by adding at the end the following new paragraph:
``(8) for purposes of determining eligibility for
postsecondary educational assistance, including grants,
scholarships, and loans, an alien with respect to whom an
application has been filed for relief under section 240A(b)(5)
of the Immigration and Nationality Act, but whose application
has not been finally adjudicated.''.
(b) Effective Date.--The amendment made by this section shall apply
as if enacted on August 22, 1996. | Children's Adjustment, Relief, and Education Act or the CARE Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence.Amends the Immigration and Nationality Act to direct the Attorney General to cancel the removal of, and adjust to permanent resident status, certain (inadmissible or deportable) alien secondary or higher education students under the age of 21 with qualifying years of U.S. residency. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make such alien higher education students eligible for education assistance during the pendency of their application for cancellation of removal. | {"src": "billsum_train", "title": "A bill to amend the Immigration and Nationality Act to require the Attorney General to cancel the removal and adjust the status of certain aliens who were brought to the United States as children."} | 1,932 | 173 | 0.586682 | 1.596187 | 0.791696 | 2.5 | 11.702899 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Accounting Oversight Board
Act of 2009''.
SEC. 2. THE FEDERAL ACCOUNTING OVERSIGHT BOARD.
(a) Establishment.--There is hereby established the Federal
Accounting Oversight Board (hereinafter in this Act referred to as the
``FAOB'').
(b) Duties.--
(1) Approval of accounting policy.--The FAOB shall approve
and oversee accounting principles and standards for purposes of
the Federal financial regulatory agencies and reporting
requirements required by such agencies. In approving and
overseeing such accounting principles and standards, the FAOB
shall consider--
(A) the extent to which accounting principles and
standards create systemic risk exposure for--
(i) the United States public;
(ii) the United States financial markets;
and
(iii) global financial markets;
(B) the extent to which various accounting
principles and standards resolve questions concerning
liquid and illiquid instruments;
(C) whether certain accounting principles and
standards should apply to distressed markets
differently than well-functioning markets;
(D) the balance between investors' need to know a
value of a company or financial institution's balance
sheet at any given time versus financial regulators'
responsibility to examine a company or financial
institution's capital and value on both a liquidation
and going concern basis;
(E) the accuracy and transparency of financial
statements;
(F) the ability of investors and regulators to
accurately judge the current and long term financial
condition of companies and financial institutions from
their financial statements;
(G) the need for accounting principles and
standards to take into account the need for financial
institutions to maintain adequate reserves to cover
expected losses from assets held by such institution;
(H) the extent to which accounting principles and
standards can improve the usefulness of financial
reporting by focusing on the characteristics of
relevance and reliability and on the qualities of
comparability and consistency;
(I) the extent to which such principles and
standards can be kept current to reflect changes in
methods of doing business and changes in the economic
environment; and
(J) any other factors that the FAOB considers
appropriate.
(2) Consultation and public comment.--
(A) In general.--In carrying out its duties, the
FAOB may consult with such organizations or entities as
the FAOB believes to be appropriate, including, but not
limited to, the Financial Accounting Standards Board,
the International Accounting Standards Board, or the
Public Company Accounting Oversight Board.
(B) Consultation; public comment.--The FAOB shall,
before approving a specific accounting principle or
standard--
(i) solicit input from financial regulators
on the principle or standard, including from
the Comptroller of the Currency, the Director
of the Office of Thrift Supervision, the
Federal Housing Finance Agency, the
Administrator of the National Credit Union
Administration, the President of the National
Association of Insurance Commissioners, and the
Chairman of the Commodities Future Trading
Commission; and
(ii) provide the public with an opportunity
to comment on the principle or standard.
(C) Safety and soundness considerations.--If any
Federal financial regulatory agency determines that any
accounting principle or standard approved by the FAOB,
or any accounting principle or standard in effect on
the effective date of this Act, has an adverse effect
on the safety and soundness of the entities it
regulates, the health of the United States financial
system, or the United States economy, the agency may
request authorization from the FAOB to review such
accounting principle or standard for the agency, and
the FAOB shall determine whether the standard or
principle should continue to be applied or instead
removed on either a temporary or permanent basis. The
FAOB shall have 30 days or such additional time as it
may need up to 180 days to review and act on such
request. The agency may exercise discretion in ignoring
the principle or standard on an emergency or temporary
basis for up to 30 days unless otherwise extended by
FAOB. The FAOB shall also consider whether any change
authorized under this paragraph should be permanently
approved by the FAOB as an accounting principle or
standard.
(3) Reports.--The FAOB shall, not less often than yearly,
compile a report on the accounting principles and standards
that the FAOB has reviewed and approved either temporarily or
permanently, and--
(A) submit such report to the Congress;
(B) submit such report to the Financial Accounting
Standards Board;
(C) submit such report to the International
Accounting Standards Board; and
(D) make such report available to the public on a
website.
(c) Membership.--
(1) In general.--The FAOB shall consist of five members:
(A) The Chairman of the Board of Governors of the
Federal Reserve System.
(B) The Secretary of the Treasury.
(C) The Chairman of the Securities and Exchange
Commission.
(D) The Chairman of the Federal Deposit Insurance
Corporation.
(E) The Chairman of the Public Company Accounting
Oversight Board.
(2) Chairman.--The Chairman of the Board of Governors of
the Federal Reserve System shall serve as the chairman of the
FAOB.
(d) Funding.--
(1) Annual budget.--The FAOB shall establish a budget for
each fiscal year.
(2) Source of funds.--The budget of the FAOB shall be
payable from annual support fees, in accordance with this
subsection.
(3) Annual support fee for the faob.--
(A) Establishment of fee.--The FAOB shall establish
a reasonable annual support fee (or a formula for the
computation thereof), as may be necessary or
appropriate to establish and maintain the FAOB. Such
fee may also cover costs incurred in the FAOB's first
fiscal year (which may be a short fiscal year), or may
be levied separately with respect to such short fiscal
year.
(B) Assessments.--The rules of the FAOB under
subparagraph (A) shall provide for the equitable
allocation, assessment, and collection by the FAOB (or
an agent appointed by the FAOB) of the fee established
under subparagraph (A), among registered public
accounting firms, allowing for differentiation among
classes of firms, as appropriate.
(4) Limitation on fee.--The amount of fees collected under
this subsection for a fiscal year on behalf of the FAOB shall
not exceed the recoverable budget expenses of the FAOB (which
may include operating, capital, and accrued items), referred to
in paragraph (2).
(5) Fee requirement for registration by the public company
accounting oversight board.--Section 102 of the Sarbanes-Oxley
Act of 2002 (15 U.S.C. 7212) is amended by adding at the end
the following new subsection:
``(g) Annual Fee To Support the Federal Accounting Oversight
Board.--In addition to any other fees required by this title, a
registered public accounting firm shall pay the annual support fee
allocated to the registered public accounting firm under section 2(d)
of the Federal Accounting Oversight Board Act of 2009.''.
(6) Start-up expenses.--From the unexpended balances of the
appropriations to the Security and Exchange Commission for
fiscal year 2009, the Secretary of the Treasury is authorized
to advance to the FAOB funds not to exceed the amount necessary
to cover the expenses of the FAOB during its first fiscal year
(which may be a short fiscal year).
(e) Pay; Travel Expenses.--Members of the FAOB shall not receive
any additional pay, allowances, or benefits by reason of their service
on the FAOB, except that each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(f) Meetings.--The FAOB shall meet at the call of the Chairman of
the FAOB.
(g) Staff.--
(1) In general.--The FAOB may appoint and fix the pay of
any personnel that the FAOB considers appropriate to carry out
its duties under this Act.
(2) Experts and consultants.--The FAOB may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(3) Staff of agencies.--Upon request of the FAOB, the head
of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or
agency to the FAOB to assist it in carrying out its duties
under this Act.
(h) Powers.--
(1) Hearings and sessions.--The FAOB may, for the purpose
of carrying out this Act, hold hearings, sit and act at times
and places, take testimony, and receive evidence as the FAOB
considers appropriate and may administer oaths or affirmations
to witnesses appearing before it.
(2) Powers of members and agents.--Any member or agent of
the FAOB may, if authorized by the FAOB, take any action which
the FAOB is authorized to take by this Act.
(3) Obtaining official data.--The FAOB may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of
the Chairman of the FAOB, the head of that department or agency
shall furnish that information to the FAOB.
SEC. 3. REQUIRING AGENCIES TO CONFORM TO FAOB APPROVED ACCOUNTING
PRACTICES AND STANDARDS.
Notwithstanding any other provision of law, a Federal financial
regulatory agency shall, not later than 180 days, or within a shorter
time period as the FAOB may prescribe, after the FAOB approves an
accounting principle or standard, ensure that all rules and regulations
made by such agency conform with the approval made by the FAOB.
SEC. 4. TRANSFER OF STANDARD SETTING BODY OVERSIGHT AUTHORITY FROM THE
SEC TO THE FAOB.
(a) Securities Act of 1933.--Section 19(b) of the Securities Act of
1933 (15 U.S.C. 77s(b)) is amended--
(1) by striking `` Commission'' each place it appears and
inserting ``Federal Accounting Oversight Board'';
(2) by striking ``subsection (a) and under section 13(b) of
the Securities Exchange Act of 1934'' and inserting ``the
Federal Accounting Oversight Board Act of 2009''; and
(3) by striking ``subsection (a) and section 13(b) of the
Securities Exchange Act of 1934'' and inserting ``the Federal
Accounting Oversight Board Act of 2009''.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
(1) Federal financial regulatory agency.--The term
``Federal financial regulatory agency'' means--
(A) the Office of Thrift Supervision;
(B) the Federal Deposit Insurance Corporation;
(C) the National Credit Union Administration;
(D) the Securities and Exchange Commission;
(E) the Federal Reserve System; and
(F) the Office of the Comptroller of the Currency.
(2) Registered public accounting firm.--The term
``registered public accounting firm'' shall have the same
meaning as in section 2(a)(12) of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7201(a)(12)).
(3) Securities laws defined.--The term ``securities laws''
shall have the same meaning as in section 3(a)(47) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)). | Federal Accounting Oversight Board Act of 2009 - Establishes the Federal Accounting Oversight Board (FAOB) to approve and oversee accounting principles and standards for purposes of the federal financial regulatory agencies and the reporting requirements they require.
Directs the FAOB to report annually to Congress, the Financial Accounting Standards Board, and the International Accounting Standards Board on the principles and standards it has reviewed and approved
Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to transfer standard body oversight authority from the Securities and Exchange Commission (SEC) to the FAOB. | {"src": "billsum_train", "title": "To establish the Federal Accounting Oversight Board to approve and oversee accounting principles and standards for the purposes of the Federal financial regulatory agencies, and for other purposes."} | 2,520 | 118 | 0.617108 | 1.529324 | 0.622075 | 4.057143 | 21.885714 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeless Children and Youth Act of
2014''.
SEC. 2. AMENDMENTS TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et
seq.) is amended--
(1) in section 103--
(A) in subsection (a)--
(i) in paragraph (5)(A)--
(I) by striking ``are sharing'' and
all that follows through ``charitable
organizations,'';
(II) by striking ``14 days'' each
place that term appears and inserting
``30 days'';
(III) in clause (i), by inserting
``or'' after the semicolon;
(IV) by striking clause (ii); and
(V) by redesignating clause (iii)
as clause (ii); and
(ii) by amending paragraph (6) to read as
follows:
``(6) unaccompanied youth and homeless families with
children and youth defined as homeless under other Federal
statutes who--
``(A) are certified as homeless by the director or
designee of a director of a program funded under any
other Federal statute; or
``(B) have been certified by a director or designee
of a director of a program funded under this Act or a
director or designee of a director of a public housing
agency as lacking a fixed, regular, and adequate
nighttime residence, which shall include--
``(i) temporarily sharing the housing of
another person due to loss of housing, economic
hardship, or other similar reason; or
``(ii) living in a room in a motel or
hotel.''; and
(B) by adding at the end the following:
``(f) Other Definitions.--In this section--
``(1) the term `other Federal statute' has the meaning
given that term in section 401; and
``(2) the term `public housing agency' means an agency
described in section 3(b)(6) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(6)).'';
(2) in section 401--
(A) in paragraph (1)(C)--
(i) by striking clause (iv); and
(ii) by redesignating clauses (v), (vi),
and (vii) as clauses (iv), (v), and (vi);
(B) in paragraph (7)--
(i) by striking ``Federal statute other
than this subtitle'' and inserting ``other
Federal statute''; and
(ii) by inserting ``of'' before ``this
Act'';
(C) by redesignating paragraphs (14) through (33)
as paragraphs (15) through (34), respectively; and
(D) by adding after paragraph (13) the following:
``(14) Other federal statute.--The term `other Federal
statute' includes--
``(A) the Runaway and Homeless Youth Act (42 U.S.C.
5701 et seq.);
``(B) the Head Start Act (42 U.S.C. 9831 et seq.);
``(C) subtitle N of the Violence Against Women Act
of 1994 (42 U.S.C. 14043e et seq.);
``(D) section 330(h) of the Public Health Service
Act (42 U.S.C. 254b(h));
``(E) section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786);
``(F) the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.); and
``(G) subtitle B of title VII of this Act.'';
(3) by inserting after section 408 the following:
``SEC. 409. AVAILABILITY OF HMIS REPORT.
``(a) In General.--The information provided to the Secretary under
section 402(f)(3) shall be made publically available on the Internet
website of the Department of Housing and Urban Development in
aggregate, non-personally identifying reports.
``(b) Required Data.--Each report made publically available under
subsection (a) shall be updated on at least an annual basis and shall
include--
``(1) a cumulative count of the number of individuals and
families experiencing homelessness;
``(2) a cumulative assessment of the patterns of assistance
provided under subtitles B and C for the each geographic area
involved; and
``(3) a count of the number of individuals and families
experiencing homelessness that are documented through the HMIS
by each collaborative applicant.'';
(4) in section 422--
(A) in subsection (a)--
(i) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Restriction.--In awarding grants under paragraph (1),
the Secretary may not consider or prioritize the specific
homeless populations intended to be served by the applicant if
the applicant demonstrates that the project--
``(A) would meet the priorities identified in the
plan submitted under section 427(b)(1)(B); and
``(B) is cost-effective in meeting the overall
goals and objectives identified in that plan.''; and
(B) by striking subsection (j);
(5) in section 424(d), by striking paragraph (5);
(6) in section 427(b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by adding
``and'' at the end;
(II) in clause (vii), by striking
``and'' at the end; and
(III) by striking clause (viii);
(ii) in subparagraph (B)--
(I) in clause (iii), by adding
``and'' at the end;
(II) in clause (iv)(VI), by
striking ``and'' at the end; and
(III) by striking clause (v);
(iii) in subparagraph (E), by adding
``and'' at the end;
(iv) by striking subparagraph (F); and
(v) by redesignating subparagraph (G) as
subparagraph (F); and
(B) by striking paragraph (3); and
(7) by amending section 433 to read as follows:
``SEC. 433. REPORTS TO CONGRESS.
``(a) In General.--The Secretary shall submit to Congress an annual
report, which shall--
``(1) summarize the activities carried out under this
subtitle and set forth the findings, conclusions, and
recommendations of the Secretary as a result of the activities;
and
``(2) include, for the year preceding the date on which the
report is submitted--
``(A) data required to be made publically available
in the report under section 409; and
``(B) data on programs funded under any other
Federal statute, as such term is defined in section
401.
``(b) Timing.--A report under subsection (a) shall be submitted not
later than 4 months after the end of each fiscal year.''. | Homeless Children and Youth Act of 2014 - Amends the McKinney-Vento Homeless Assistance Act to redefine "homeless," "homeless individual," or "homeless person." Modifies requirements relating to an individual or family who will imminently lose their housing, including housing they own, rent, or live in without paying rent. Revises criteria for unaccompanied youth and homeless families with children and youth defined as homeless under other federal statutes to require that they: are certified as homeless by the director or designee of a program funded under any other federal statute; or have been certified by a director of a program funded under this Act or a director of a public housing agency (PHA) as lacking a fixed, regular, and adequate nighttime residence, which shall include: (1) temporarily sharing the housing of another person due to loss of housing, economic hardship, or other similar reason; or (2) living in a room in a motel or hotel. Requires the information provided to the Secretary of Housing and Urban Development (HUD) from a collaborative applicant about project sponsors in a community-wide homeless management information system (HMIS) to be made publicly available on HUD's website in aggregate, non-personally identifying reports, and updated at least annually. Prohibits the Secretary, in awarding grants for continuum of care programs, from considering or prioritizing the specific homeless populations intended to be served by the applicant if the applicant demonstrates that the project: (1) would meet the priorities identified in the applicant's plan, and (2) is cost-effective in meeting the overall goals and objectives identified in that plan. Repeals certain requirements regarding collaborative applicants. Modifies requirements for selection criteria for the award of grants through a national competition between geographic areas. Requires annual reports to Congress on housing assistance for the homeless to include data: (1) required to be made publicly available in the HMIS report, and (2) on programs funded under other specified federal statutes. | {"src": "billsum_train", "title": "Homeless Children and Youth Act of 2014"} | 1,664 | 428 | 0.591129 | 1.8287 | 0.751786 | 3.733681 | 3.981723 | 0.804178 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Corporation Reauthorization
Act of 2006''.
SEC. 2. PURPOSES OF THE CORPORATION.
(a) Purposes.--Section 33(b) of the Small Business Act (15 U.S.C.
657c(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to establish and maintain a national network of
information and assistance centers for use by veterans and the
public by--
``(A) providing information regarding small
business oriented employment or development programs;
``(B) providing access to studies and research
concerning the management, financing, and operation of
small business enterprises, small business
participation in international markets, export
promotion, and technology transfer;
``(C) providing referrals to business analysts who
can provide direct counseling to veteran small business
owners regarding the subjects described in this
section;
``(D) serving as an information clearinghouse for
business development and entrepreneurial assistance
materials, as well as other veteran assistance
materials, as deemed necessary, that are provided by
Federal, State and local governments; and
``(E) providing assistance to veterans and service-
disabled veterans in efforts to gain access to Federal
prime contracts and subcontracts; and''; and
(2) in paragraph (2), by striking ``including service-
disabled veterans'' and inserting ``particularly service-
disabled veterans''.
SEC. 3. MANAGEMENT OF THE CORPORATION.
(a) Appointments to the Board.--Section 33(c)(2) of the Small
Business Act (15 U.S.C. 657c(c)(2)) is amended to read as follows:
``(2) Appointment of voting members.--
``(A) In general.--The President shall, after
considering recommendations proposed under subparagraph
(B), appoint the 9 voting members of the Board, all of
whom shall be United States citizens, and not more than
5 of whom shall be members of the same political party.
``(B) Recommendations.--Recommendations shall be
submitted to the President for appointments under this
paragraph by the chairman or ranking member (or both)
of the Committee on Small Business and Entrepreneurship
or the Committee on Veterans Affairs (or both) of the
Senate or the Committee on Small Business or the
Committee on Veterans Affairs (or both) of the House of
Representatives.
``(C) Consultation with veteran organizations.--
Recommendations under subparagraph (B) shall be made
after consultation with such veteran service
organizations as are determined appropriate by the
member of Congress making the recommendation.
``(D) Considerations.--Consideration for
eligibility for membership on the Board shall include
business experience, knowledge of veterans' issues, and
ability to raise funds for the Corporation.
``(E) Limitation on internal recommendations.--No
member of the Board may recommend an individual for
appointment to another position on the Board.''.
(b) Terms.--Section 33(c)(6) of the Small Business Act (15 U.S.C.
657c(c)(6)) is amended to read as follows:
``(6) Terms of appointed members.--
``(A) In general.--Each member of the Board of
Directors appointed under paragraph (2) shall serve for
a term of 4 years.
``(B) Unexpired terms.--Any member of the Board of
Directors appointed to fill a vacancy occurring before
the expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of the term. A member of the Board of
Directors may not serve beyond the expiration of the
term for which the member is appointed.''.
(c) Removal of Board Members.--Section 33(c) of the Small Business
Act (15 U.S.C. 657c(c)) is amended by adding at the end the following:
``(12) Removal of members.--With the approval of a majority
of the Board of Directors and the approval of the chairmen and
ranking members of the Committee on Small Business and
Entrepreneurship and the Committee on Veterans Affairs of the
Senate, the Corporation may remove a member of the Board of
Directors that is deemed unable to fulfill his or her duties,
as established under this section.''.
SEC. 4. TIMING OF TRANSFER OF ADVISORY COMMITTEE DUTIES.
Section 33(h) of the Small Business Act (15 U.S.C. 657c(h)) is
amended by striking ``October 1, 2006'' and inserting ``October 1,
2009''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 33(k) of the Small Business Act (15 U.S.C. 657c(k)(1)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``, through the Office of
Veteran's Business Development of the Administration,''
after ``to the Corporation''; and
(B) by striking subparagraphs (A) through (D) and
inserting the following:
``(A) $2,000,000 for fiscal year 2007;
``(B) $2,000,000 for fiscal year 2008; and
``(C) $2,000,000 for fiscal year 2009.'';
(2) by striking paragraph (2) and inserting the following:
``(2) Matching requirements.--
``(A) In general.--The Administration shall
require, as a condition of any grant (or amendment or
modification thereto) made to the Corporation under
this section, that a matching amount (excluding any
fees collected from recipients of such assistance)
equal to the amount of such grant be provided from
sources other than the Federal Government.
``(B) Limitation.--Not more than 33 percent of the
total revenue of the Corporation, including the funds
raised for use at the Veteran's Business Resource
Centers, may be acquired from fee-for-service tools or
direct charge to the veteran receiving services, as
described in this section, except that the amount of
any such fee or charge may not exceed the amount of
such fee or charge in effect on the date of enactment
of the Veterans Corporation Reauthorization Act of
2006.
``(C) Mission-related limitation.--The Corporation
may not engage in revenue producing programs, services,
or related business ventures that are not intended to
carry out the mission and activities described in
section (b).
``(D) Return to treasury.--Funds appropriated under
this section that have not been expended at the end of
the fiscal year for which they were appropriated shall
revert back to the Treasury.''; and
(3) by striking paragraph (3).
SEC. 6. PRIVATIZATION.
Section 33 of the Small Business Act (15 U.S.C. 657c) is amended--
(1) by striking subsections (f) and (i); and
(2) by redesignating subsections (g), (h), (j), and (k) as
subsections (f) through (i), respectively; and
(3) by adding at the end the following:
``(j) Privatization.--
``(1) Development of plan.--Not later than 6 months after
the date of enactment of the Veterans Corporation
Reauthorization Act of 2006, the Corporation shall develop,
institute, and implement a plan to raise private funds and
become a self-sustaining corporation.
``(2) GAO audit and report.--
``(A) Audit.--The Comptroller General of the United
States shall conduct an audit of the Corporation, in
accordance with generally accepted accounting
principles and generally accepted audit standards.
``(B) Inclusions.--The audit required by this
paragraph shall include--
``(i) an evaluation of the efficacy of the
Corporation in carrying out the purposes under
section (b); and
``(ii) an analysis of the feasibility of
the sustainability plan developed by the
Corporation.
``(C) Report.--Not later than 1 year after the date
of enactment of the Veterans Corporation
Reauthorization Act of 2006, the Comptroller General
shall submit a report on the audit conducted under this
paragraph to the Committee on Small Business and
Entrepreneurship and the Committee on Veterans Affairs
of the Senate and to the Committee on Small Business
and the Committee on Veterans Affairs of the House of
Representatives.''. | Veterans Corporation Reauthorization Act of 2006 - Amends the Small Business Act to make it the principal purpose of the Veterans Corporation to establish and maintain a national network of information and assistance centers for use by veterans and the public.
Revises requirements for appointment of voting members of the Board of the Corporation. Shortens the term of appointment from six to four years. Provides for removal of a Board member deemed unable to fulfill his or her duties.
Postpones from October 1, 2006, to October 1, 2009, the date upon which the Corporation shall assume the duties of the Advisory Committee on Veterans Affairs.
Extends the authorization of appropriations. Revises grant matching requirements, establishing limitations on the Corporation's nonfederal sources of revenue.
Directs the Corporation to develop and implement a plan to raise private funds and become a self-sustaining corporation within six months after enactment of this Act. | {"src": "billsum_train", "title": "A bill to amend the Small Business Act, to reform and reauthorize the National Veterans Business Development Corporation, and for other purposes."} | 1,844 | 199 | 0.499413 | 1.364354 | 0.779286 | 3.514793 | 9.940828 | 0.863905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald Reagan Centennial Commission
Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Ronald
Reagan Centennial Commission'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) plan, develop, and carry out such activities as the
Commission considers fitting and proper to honor Ronald Reagan on
the occasion of the 100th anniversary of his birth;
(2) provide advice and assistance to Federal, State, and local
governmental agencies, as well as civic groups to carry out
activities to honor Ronald Reagan on the occasion of the 100th
anniversary of his birth;
(3) develop activities that may be carried out by the Federal
Government to determine whether the activities are fitting and
proper to honor Ronald Reagan on the occasion of the 100th
anniversary of his birth; and
(4) submit to the President and Congress reports pursuant to
section 7.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members as follows:
(1) The Secretary of the Interior.
(2) Four members appointed by the President after considering
the recommendations of the Board of Trustees of the Ronald Reagan
Foundation.
(3) Two Members of the House of Representatives appointed by
the Speaker of the House of Representatives.
(4) One Member of the House of Representatives appointed by the
minority leader of the House of Representatives.
(5) Two Members of the Senate appointed by the majority leader
of the Senate.
(6) One Member of the Senate appointed by the minority leader
of the Senate.
(b) Ex Officio Member.--The Archivist of the United States shall
serve in an ex officio capacity on the Commission to provide advice and
information to the Commission.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) Deadline for Appointment.--All members of the Commission shall
be appointed not later than 90 days after the date of the enactment of
this Act.
(e) Vacancies.--A vacancy on the Commission shall--
(1) not affect the powers of the Commission; and
(2) be filled in the manner in which the original appointment
was made.
(f) Rates of Pay.--Members shall not receive compensation for the
performance of their duties on behalf of the Commission.
(g) Travel Expenses.--Each member of the Commission shall be
reimbursed for travel and per diem in lieu of subsistence expenses
during the performance of duties of the Commission while away from home
or his or her regular place of business, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United States
Code.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum to conduct business, but two or more members may
hold hearings.
(i) Chairperson.--The chairperson of the Commission shall be
elected by a majority vote of the members of the Commission.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director and Staff.--The Commission shall appoint an executive
director and such other additional personnel as are necessary to enable
the Commission to perform its duties.
(b) Applicability of Certain Civil Service Laws.--The executive
director and staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
the rate of pay for the executive director and other staff may not
exceed the rate payable for level V of the Executive Schedule under
section 5316 of such title.
(c) Detail of Federal Employees.--Upon request of the Commission,
the Secretary of the Interior or the Archivist of the United States may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying out its
duties under this Act.
(d) Experts and Consultants.--The Commission may procure such
temporary and intermittent services as are necessary to enable the
Commission to perform its duties.
(e) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(b) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out its duties under this Act. Upon
request of the chairperson of the Commission, the head of that
department or agency shall furnish that information to the Commission.
(d) Gifts, Bequests, Devises.--The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of money, services, or
property, both real and personal, for the purpose of aiding or
facilitating its work.
(e) Available Space.--Upon the request of the Commission, the
Administrator of General Services shall make available nationwide to
the Commission, at a normal rental rate for Federal agencies, such
assistance and facilities as may be necessary for the Commission to
carry out its duties under this Act.
(f) Contract Authority.--The Commission may enter into contracts
with and compensate government and private agencies or persons to
enable the Commission to discharge its duties under this Act.
SEC. 7. REPORTS.
(a) Annual Reports.--The Commission shall submit to the President
and the Congress annual reports on the revenue and expenditures of the
Commission, including a list of each gift, bequest, or devise to the
Commission with a value of more than $250, together with the identity
of the donor of each gift, bequest, or devise.
(b) Interim Reports.--The Commission may submit to the President
and Congress interim reports as the Commission considers appropriate.
(c) Final Report.--Not later than April 30, 2011, the Commission
shall submit a final report to the President and the Congress
containing--
(1) a summary of the activities of the Commission;
(2) a final accounting of funds received and expended by the
Commission; and
(3) the findings, conclusions, and final recommendations of the
Commission.
SEC. 8. TERMINATION.
The Commission may terminate on such date as the Commission may
determine after it submits its final report pursuant to section 7(c),
but not later than May 30, 2011.
SEC. 9. ANNUAL AUDIT.
The Inspector General of the Department of the Interior may perform
an audit of the Commission, shall make the results of any audit
performed available to the public, and shall transmit such results to
the Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 10. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS.
No Federal funds may be obligated to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Ronald Reagan Centennial Commission Act - Establishes the Ronald Reagan Centennial Commission to: (1) plan and carry out activities to honor Ronald Reagan on the occasion of the 100th anniversary of his birth; (2) provide assistance to governmental agencies and civic groups to carry out such activities; and (3) develop other federal activities to honor Ronald Reagan.
Prohibits the obligation of federal funds to carry out this Act. | {"src": "billsum_train", "title": "To establish the Ronald Reagan Centennial Commission."} | 1,665 | 86 | 0.643482 | 1.611635 | 1.176895 | 4.475 | 19.3375 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Stadium Act of
1957 Amendments of 1993''.
SEC. 2. AUTHORIZATION OF A NEW STADIUM.
The District of Columbia Stadium Act of 1957 (71 Stat. 619; D.C.
Code sections 2-321 through 2-330) is amended by adding at the end
thereof the following new section:
``Sec. 12. (a)(1) The District of Columbia is authorized to use,
for a period not to exceed 99 years from the date of enactment of the
District of Columbia Stadium Act of 1957 Amendments of 1993, a portion
of the lands adjacent to the stadium constructed pursuant to section 2
(known as `Robert F. Kennedy Memorial Stadium'), as generally shown on
the map identified as `Map to Designate Location of Stadiums and Lease
of Parking Lots to the District', and further identified as National
Park Service Drawing No. 831/87306, for the purposes of constructing,
maintaining, and operating, itself or through a third party, either
public or private, a new stadium, or any replacement of a new stadium.
``(2) The use of the new stadium shall not be limited by the
seating capacity, cost, and other provisions in section 2.
``(3) Nothing in section 7(b), or any lease or deed executed
pursuant thereto, or in this section, shall be construed to limit the
authority or ability of the District of Columbia to sublease or
otherwise encumber the said portion to a third party, either public or
private, for--
``(A) any use consistent with the use authorized by this
section; and
``(B) any term not exceeding that which is authorized in
this section.
``(b)(1)(A) Except for those lands used by the District of Columbia
for the new stadium authorized by subsection (a), the use of the lands
leased to the District of Columbia for stadium and stadium parking lots
purposes pursuant to section 7(b) shall continue in accord with the
provisions of that section subject to the provisions of subparagraphs
(B) and (C).
``(B) The term of the authorized use of the lands leased to the
District of Columbia for stadium and stadium parking lots is extended
for a period not to exceed 99 years from the date of enactment of the
District of Columbia Stadium Act of 1957 Amendments of 1993.
``(C) Nothing in section 7(b), or any lease or deed executed
pursuant thereto, or in this section, shall be construed to limit the
authority or ability of the District of Columbia to sublease or
otherwise encumber the lands to a third party, either public or
private, for--
``(i) any use consistent with the use authorized by section
7(b) and this section: and
``(ii) any term not exceeding that which is authorized in
this section.
``(2) The responsibility and authority for construction,
maintenance, and operation of the parking lots on the lands leased to
the District of Columbia for parking lots purposes is vested
exclusively in the District of Columbia. Such responsibility and
authority for the parking lots may be assigned by the District of
Columbia to a third party under any sublease executed pursuant to the
authority provided in this section. The National Park Service shall not
be responsible for construction, maintenance, or operation of the
parking lots, or any cost arising therefrom.
``(c)(1)(A) Except for the lands described in subparagraph (B), the
lands designated as `Area F' on the map entitled `Map to designate
Location of Stadiums and Lease of Parking Lots to the District', and
further identified as National Park Service Drawing No. 831/87306
(hereinafter referred to as `Area F'), are leased to the District of
Columbia. Such lands may be used by the District of Columbia, or any
sublessee of the District of Columbia, for the stadium parking lots
purposes specified in section 7(b), during the term of use of stadium
parking lots authorized by subsection (b)(1) of this section, only for
`overflow' parking, that is not to exceed 2,000 automobiles, and only
when all other stadium striped parking spaces are filled to capacity.
``(B) The area described in subparagraph (A) excludes that area of
land used by the District of Columbia for the new stadium authorized by
subsection (a) of this section.
``(2) The use of Area F shall be in accord with the terms and
conditions specified in an agreement between the National Park Service
and the District of Columbia. The terms and conditions specified in
such agreement shall be reasonable and necessary to ensure that Area F
is maintained as grassed park land suitable for public recreational
uses.
``(3) The National Park Service shall not be responsible for
improvement, maintenance, or operation of Area F, or any costs arising
therefrom.
``(d) The responsibility and authority for construction,
maintenance, naming, and operation of the new stadium authorized by
subsection (a) of this section is vested exclusively in the District of
Columbia. Such responsibility and authority for the new stadium may be
assigned by the District of Columbia to a third party, either public or
private. The National Park Service shall not be responsible for
construction, maintenance, naming, or operation of the new stadium, or
any costs arising therefrom.
``(e) Notwithstanding the provisions of the Act entitled `An Act to
regulate the height of buildings in the District of Columbia', approved
June 1, 1910 (36 Stat. 452; D.C. Code 5-401 through 5-409), a stadium
authorized by subsection (a) may be constructed if--
``(1) the design has been reviewed by the Commission of
Fine Arts; and
``(2) reviewed and approved by the National Capital
Planning Commission.''. | District of Columbia Stadium Act of 1957 Amendments of 1993 - Amends the District of Columbia Stadium Act of 1957 to authorize the District of Columbia to use the specified portion of lands adjacent to the Robert F. Kennedy Memorial Stadium to construct, maintain, and operate a new stadium or any replacement thereof for not to exceed 99 years.
Prohibits use of the new stadium from being limited by the seating capacity, cost, and other provisions in such Act. States that nothing in such Act, in any lease or deed executed pursuant to it, or in this Act shall be construed to limit the authority or ability of the District to sublease or otherwise encumber such lands to a third party, either public or private, for any use consistent with the use and term authorized by this Act.
Provides that, with the exception of those lands used by the District for the new stadium, use of the lands leased to the District for stadium and stadium parking lots purposes shall continue. Extends the term of such authorized use for not to exceed 99 years.
Leases specified lands to the District for overflow parking for not more than 2,000 automobiles only when all other stadium striped parking spaces are filled to capacity. Requires the use of such lands under reasonable terms and conditions necessary to ensure that they are maintained as grassed park land suitable for public recreational uses.
Vests responsibility and authority exclusively in the District for construction, maintenance, naming, and operation of the new stadium and parking lots. Authorizes the District to assign such responsibility and authority to a third party, either public or private. Prohibits the National Park Service from being responsible for construction, maintenance, naming, or operation of the new stadium or parking lots or any costs arising therefrom.
Authorizes construction of such stadium if its design has been reviewed by the Commission of Fine Arts and reviewed and approved by the National Capital Planning Commission. | {"src": "billsum_train", "title": "District of Columbia Stadium Act of 1957 Amendments of 1993"} | 1,287 | 414 | 0.729067 | 2.286966 | 0.884488 | 4.46594 | 3.359673 | 0.918256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HUBZone Revitalization Act of
2015''.
SEC. 2. HUBZONE QUALIFIED DISASTER AREAS.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) in section 3(p) (15 U.S.C. 632(p))--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking
``or'';
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(F) qualified disaster areas.''; and
(B) in paragraph (4), by adding at the end the
following:
``(E) Qualified disaster area.--
``(i) In general.--The term `qualified
disaster area' means any census tract or
nonmetropolitan county located in 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) or located in
an area in which a catastrophic incident has
occurred, if--
``(I) in the case of a census
tract, the census tract ceased to be a
qualified census tract during the
period beginning 5 years before and
ending 2 years after the date on
which--
``(aa) the President
declared the major disaster; or
``(bb) the catastrophic
incident occurred; or
``(II) in the case of a
nonmetropolitan county, the
nonmetropolitan county ceased to be a
qualified nonmetropolitan county during
the period beginning 5 years before and
ending 2 years after the date on
which--
``(aa) the President
declared the major disaster; or
``(bb) the catastrophic
incident occurred.
``(ii) Treatment.--A qualified disaster
area shall only be treated as a HUBZone--
``(I) in the case of a major
disaster declared by the President,
during the 5-year period beginning on
the date on which the President
declared the major disaster for the
area in which the census tract or
nonmetropolitan county, as applicable,
is located; and
``(II) in the case of a
catastrophic incident, during the 10-
year period beginning on the date on
which the catastrophic incident
occurred in the area in which the
census tract or nonmetropolitan county,
as applicable, is located.''; and
(2) in section 31(c)(3) (15 U.S.C. 657a(c)(3)), by
inserting ``the Administrator of the Federal Emergency
Management Agency,'' after ``the Secretary of Labor,''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to a major disaster declared by the President under section 401
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) or a catastrophic incident that occurs on or after the
date of enactment of this Act.
SEC. 3. BASE CLOSURE HUBZONES.
(a) In General.--Section 3(p)(5)(A)(i)(I) of the Small Business Act
(15 U.S.C. 632(p)(5)(A)(i)(I)) is amended--
(1) in item (aa), by striking ``or'' at the end;
(2) by redesignating item (bb) as item (cc); and
(3) by inserting after item (aa) the following:
``(bb) pursuant to
subparagraph (A), (B), (C),
(D), or (E) of paragraph (3),
that its principal office is
located in a HUBZone described
in paragraph (1)(E) (relating
to base closure areas) (in this
item referred to as the `base
closure HUBZone'), and that not
fewer than 35 percent of its
employees reside in--
``(AA) a HUBZone;
``(BB) the census
tract in which the base
closure HUBZone is
wholly contained;
``(CC) a census
tract the boundaries of
which intersect the
boundaries of the base
closure HUBZone; or
``(DD) a census
tract the boundaries of
which are contiguous to
a census tract
described in subitem
(BB) or (CC); or''.
(b) Period for Base Closure Areas.--
(1) Amendments.--
(A) In general.--Section 152(a)(2) of title I of
division K of the Consolidated Appropriations Act, 2005
(15 U.S.C. 632 note) is amended by striking ``5 years''
and inserting ``8 years''.
(B) Conforming amendment.--Section 1698(b)(2) of
National Defense Authorization Act for Fiscal Year 2013
(15 U.S.C. 632 note) is amended by striking ``5 years''
and inserting ``8 years''.
(2) Effective date; applicability.--The amendments made by
paragraph (1) shall--
(A) take effect on the date of enactment of this
Act; and
(B) apply to--
(i) a base closure area (as defined in
section 3(p)(4)(D) of the Small Business Act
(15 U.S.C. 632(p)(4)(D))) that, on the day
before the date of enactment of this Act, is
treated as a HUBZone described in section
3(p)(1)(E) of the Small Business Act (15 U.S.C.
632(p)(1)(E)) under--
(I) section 152(a)(2) of title I of
division K of the Consolidated
Appropriations Act, 2005 (15 U.S.C. 632
note); or
(II) section 1698(b)(2) of National
Defense Authorization Act for Fiscal
Year 2013 (15 U.S.C. 632 note); and
(ii) a base closure area relating to the
closure of a military instillation under the
authority described in clauses (i) through (iv)
of section 3(p)(4)(D) of the Small Business Act
(15 U.S.C. 632(p)(4)(D)) that occurs on or
after the date of enactment of this Act. | . HUBZone Revitalization Act of 2015 (Sec. 2) This bill amends the Small Business Act to redefine HUBZones (historically underutilized business Zones) eligible for certain assistance to include a qualified disaster area (a specified census tract or nonmetropolitan county located in a major declared disaster area or in an area where a catastrophic incident has occurred). A qualified disaster area shall be treated as a HUBZone for 5 years after it has been declared a major disaster area or for 10 years after a catastrophic incident has occurred within it. The Federal Emergency Management Agency shall provide the Small Business Administration with any data it needs to verify a small business's eligibility for the HUBZone small business loan program. (Sec. 3) HUBZones shall now also include areas that can be used by small businesses whose principal offices are located in base closure HUBZones, with at least 35% of their employees residing in: a HUBZone, a census tract in which the base closure HUBZone is wholly contained, a census tract that intersects the boundaries of the base closure HUBZone, or census tract contiguous with these census tracts. This bill also amends the Consolidated Appropriations Act, 2005 to extend HUBZone eligibility assistance for base closure areas from five years to eight years after their closure. | {"src": "billsum_train", "title": "HUBZone Revitalization Act of 2015"} | 1,490 | 308 | 0.620751 | 1.846205 | 0.834979 | 1.755187 | 5.128631 | 0.759336 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reservists Pay Security Act of
2001''.
SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING ACTIVE
SERVICE IN THE UNIFORMED SERVICES OR NATIONAL GUARD.
(a) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed
services or National Guard
``(a) An employee who is absent from a position of employment with
the Federal Government in order to perform service in the uniformed
services or the National Guard shall be entitled to receive, for each
pay period described in subsection (b), an amount equal to the amount
by which--
``(1) the amount of basic pay which would otherwise have
been payable to such employee for such pay period if such
employee's civilian employment with the Government had not been
interrupted by that service, exceeds (if at all)
``(2) the amount of pay and allowances which (as determined
under subsection (d))--
``(A) is payable to such employee for that service;
and
``(B) is allocable to such pay period.
``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted)--
``(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with respect
to the position from which such employee is absent (as referred
to in subsection (a)); and
``(B) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of
such employee's civilian employment with the Government.
``(2) For purposes of this section, the period during which an
employee is entitled to reemployment rights under chapter 43 of title
38--
``(A) shall be determined disregarding the provisions of
section 4312(d) of title 38; and
``(B) shall include any period of time specified in section
4312(e) of title 38 within which an employee may report or
apply for employment or reemployment following completion of
service in the uniformed services or National Guard.
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by such employee's employing agency;
``(2) from the appropriation or fund which would be used to
pay the employee if such employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would basic pay if such employee's civilian
employment had not been interrupted.
``(d) The Office of Personnel Management shall, in consultation
with Secretary of Defense, prescribe any regulations necessary to carry
out the preceding provisions of this section.
``(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe
procedures to ensure that the rights under this section apply to the
employees of such agency.
``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
``(f) For purposes of this section--
``(1) the terms `employee', `Federal Government', and
`uniformed services' have the same respective meanings as given
them in section 4303 of title 38;
``(2) the term `service in the uniformed services' has the
meaning given that term in section 4303 of title 38 and
includes duty performed by a member of the National Guard under
section 502(f) of title 32 at the direction of the Secretary of
the Army or Secretary of the Air Force;
``(3) the term `employing agency', as used with respect to
an employee entitled to any payments under this section, means
the agency or other entity of the Government (including an
agency referred to in section 2302(a)(2)(C)(ii)) with respect
to which such employee has reemployment rights under chapter 43
of title 38; and
``(4) the term `basic pay' includes any amount payable
under section 5304.''.
(b) Clerical Amendment.--The table of sections for chapter 55 of
title 5, United States Code, is amended by inserting after the item
relating to section 5537 the following:
``5538. Nonreduction in pay while serving in the uniformed services or
National Guard.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to pay periods (as described in section 5538(b) of
title 5, United States Code, as amended by this section) beginning on
or after September 11, 2001. | Reservist Pay Security Act of 2001 - Entitles a person who is absent from his or her position of Federal employment to perform service in the uniformed services or the National Guard to receive from his or her agency an amount that, when added to the pay and allowances for such service, equals the basic pay which would have been payable to such employee for such period of service for which such employee is not otherwise compensated. | {"src": "billsum_train", "title": "To ensure that a Federal employee who takes leave without pay in order to perform service as a member of the uniformed services or member of the National Guard shall continue to receive pay in an amount which, when taken together with the pay and allowances such individual is receiving for such service, will be no less than the basic pay such individual would then be receiving if no interruption in employment had occurred."} | 1,111 | 92 | 0.671389 | 1.659381 | 1.005698 | 2.8875 | 12.95 | 0.8625 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds and declares the following:
(1) The City of Casper, Wyoming, is nationally significant as
the only geographic location in the western United States where
four congressionally recognized historic trails (the Oregon Trail,
the Mormon Trail, the California Trail, and the Pony Express
Trail), the Bridger Trail, the Bozeman Trail, and many Indian
routes converged.
(2) The historic trails that passed through the Casper area are
a distinctive part of the national character and possess important
historical and cultural values representing themes of migration,
settlement, transportation, and commerce that shaped the landscape
of the West.
(3) The Bureau of Land Management has not yet established a
historic trails interpretive center in Wyoming or in any adjacent
State to educate and focus national attention on the history of the
mid-19th century immigrant trails that crossed public lands in the
Intermountain West.
(4) At the invitation of the Bureau of Land Management, the
City of Casper and the National Historic Trails Foundation, Inc. (a
nonprofit corporation established under the laws of the State of
Wyoming) entered into a memorandum of understanding in 1992, and
have since signed an assistance agreement in 1993 and a cooperative
agreement in 1997, to create, manage, and sustain a National
Historic Trails Interpretive Center to be located in Casper,
Wyoming, to professionally interpret the historic trails in the
Casper area for the benefit of the public.
(5) The National Historic Trails Interpretive Center authorized
by this Act is consistent with the purposes and objectives of the
National Trails System Act (16 U.S.C. 1241 et seq.), which directs
the Secretary of the Interior to protect, interpret, and manage the
remnants of historic trails on public lands.
(6) The State of Wyoming effectively joined the partnership to
establish the National Historic Trails Interpretive Center through
a legislative allocation of supporting funds, and the citizens of
the City of Casper have increased local taxes to meet their
financial obligations under the assistance agreement and the
cooperative agreement referred to in paragraph (4).
(7) The National Historic Trails Foundation, Inc. has secured
most of the $5,000,000 of non-Federal funding pledged by State and
local governments and private interests pursuant to the cooperative
agreement referred to in paragraph (4).
(8) The Bureau of Land Management has completed the engineering
and design phase of the National Historic Trails Interpretive
Center, and the National Historic Trails Foundation, Inc. is ready
for Federal financial and technical assistance to construct the
Center pursuant to the cooperative agreement referred to in
paragraph (4).
(b) Purposes.--The purposes of this Act are the following:
(1) To recognize the importance of the historic trails that
passed through the Casper, Wyoming, area as a distinctive aspect of
American heritage worthy of interpretation and preservation.
(2) To assist the City of Casper, Wyoming, and the National
Historic Trails Foundation, Inc. in establishing the National
Historic Trails Interpretive Center to memorialize and interpret
the significant role of those historic trails in the history of the
United States.
(3) To highlight and showcase the Bureau of Land Management's
stewardship of public lands in Wyoming and the West.
SEC. 2. NATIONAL HISTORIC TRAILS INTERPRETIVE CENTER.
(a) Establishment.--The Secretary of the Interior, acting through
the Director of the Bureau of Land Management (in this section referred
to as the ``Secretary''), shall establish in Casper, Wyoming, a center
for the interpretation of the historic trails in the vicinity of
Casper, including the Oregon Trail, the Mormon Trail, the California
Trail, and the Pony Express Trail, the Bridger Trail, the Bozeman
Trail, and various Indian routes. The Center shall be known as the
National Historic Trails Interpretive Center (in this section referred
to as the ``Center'').
(b) Facilities.--The Secretary, subject to the availability of
appropriations, shall construct, operate, and maintain facilities for
the Center--
(1) on land provided by the City of Casper, Wyoming;
(2) in cooperation with the City of Casper and the National
Historic Trails Interpretive Center Foundation, Inc. (a nonprofit
corporation established under the laws of the State of Wyoming);
and
(3) in accordance with--
(A) the Memorandum of Understanding entered into on March
4, 1993, by the city, the foundation, and the Wyoming State
Director of the Bureau of Land Management; and
(B) the cooperative agreement between the foundation and
the Wyoming State Director of the Bureau of Land Management,
numbered K910A970020.
(c) Donations.--Notwithstanding any other provision of law, the
Secretary may accept, retain, and expend donations of funds, property,
or services from individuals, foundations, corporations, or public
entities for the purpose of development and operation of the Center.
(d) Entrance Fee.--Notwithstanding section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a), the Secretary may--
(1) collect an entrance fee from visitors to the Center; and
(2) use amounts received by the United States from that fee for
expenses of operation of the Center.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $5,000,000 to carry out this section.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the Secretary of the Interior: (1) acting through the Director of the Bureau of Land Management, to establish the National Historic Trails Interpretive Center in Casper, Wyoming, for the interpretation of the historic trails in the vicinity of Casper, including the Oregon Trail, the Mormon Trail, the California Trail, the Pony Express Trail, the Bridger Trail, the Bozeman Trail, and various Indian routes; and (2) to construct, operate, and maintain facilities for the Center.
Allows the Secretary to: (1) accept and expend donations of funds, property, or services from individuals, foundations, corporations, or public entities for the Center's development and operation; (2) collect an entrance fee from visitors to the Center; and (3) use such fees for the Center's operating expenses. Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to provide assistance to the National Historic Trails Interpretive Center in Casper, Wyoming."} | 1,182 | 172 | 0.559085 | 1.918823 | 0.654276 | 6.557576 | 6.775758 | 0.945455 |
SECTION 1. CREDIT FOR PRODUCING FUEL FROM LANDFILL GAS.
(a) In General.--Section 29 of the Internal Revenue Code of 1986
(relating to credit for producing fuel from a nonconventional source)
is amended by adding at the end the following new subsection:
``(h) Extension and Modification for Facilities Producing Qualified
Fuels From Landfill Gas.--
``(1) In general.--In the case of a facility for producing
qualified fuel from landfill gas which is placed in service
after June 30, 1998, and before January 1, 2008, this section
shall apply to fuel produced at such facility during the 5-year
period beginning on the later of--
``(A) the date such facility was placed in service,
or
``(B) the date of the enactment of this subsection.
``(2) Reduction of credit for production from certain
landfill gas facilities.--In the case of a facility to which
paragraph (1) applies which is located at a landfill which is
required pursuant to 40 CFR 60.752(b)(2) or 40 CFR 60.33c to
install and operate a collection and control system which
captures gas generated within the landfill, subsection (a)(1)
shall be applied to gas so captured by substituting `$2' for
`$3' for the taxable year during which such system is required
to be installed and operated.
``(3) Special rules.--In determining the amount of credit
allowable under this section solely by reason of this
subsection--
``(A) Daily limit.--The amount of qualified fuels
sold during any taxable year which may be taken into
account by reason of this subsection with respect to
any facility shall not exceed an average barrel-of-oil
equivalent of 200,000 cubic feet of natural gas per
day. Days before the date the facility is placed in
service shall not be taken into account in determining
such average.
``(B) Extension period to commence with unadjusted
credit amount.--In the case of fuels sold after 2003,
subparagraph (B) of subsection (d)(2) shall be applied
by substituting `2003' for `1979'.''.
(b) Additional Definition.--Section 29(d) of the Internal Revenue
Code of 1986 (relating to other definitions and special rules) is
amended by adding at the end the following new paragraph:
``(9) Landfill gas facility.--
``(A) In general.--A facility for producing
qualified fuel from landfill gas, placed in service
before, on, or after the date of the enactment of this
paragraph, includes all wells, pipes, and other gas
collection equipment installed as part of the facility
over the life of the landfill, including any
modifications or expansions thereof, after the facility
is first placed in service.
``(B) Landfill gas.--The term `landfill gas' means
gas derived from the biodegradation of municipal solid
waste.''.
(c) Effective Date.--The amendments made by this section shall
apply to fuel sold after the date of the enactment of this Act.
SEC. 2. EXTENSION AND EXPANSION OF CREDIT FOR PRODUCTION OF ELECTRICITY
TO PRODUCTION FROM LANDFILL GAS.
(a) In General.--Section 45(c)(1) of the Internal Revenue Code of
1986 (defining qualified energy resources) is amended by striking
``and'' at the end of subparagraph (B), by striking the period at the
end of subparagraph (C) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(D) landfill gas.''.
(b) Qualified Facility.--Section 45(c)(3) of the Internal Revenue
Code of 1986 (relating to qualified facility) is amended by adding at
the end the following new subparagraph:
``(D) Landfill gas facility.--In the case of a
facility using landfill gas to produce electricity, the
term `qualified facility' means any such facility owned
by the taxpayer which is originally placed in service
before January 1, 2008.''.
(c) Special Rules and Definitions.--
(1) Reduced credit for certain preeffective date
facilities.--Section 45(d) of the Internal Revenue Code of 1986
(relating to definitions and special rules) is amended by
adding at the end the following new paragraph:
``(8) Reduced credit for certain preeffective date
facilities.--In the case of any facility described in
subparagraph (D) of paragraph (3) which is placed in service
before the date of the enactment of this subparagraph--
``(A) subsection (a)(1) shall be applied by
substituting `1.0 cents' for `1.5 cents', and
``(B) the 5-year period beginning on the date of
the enactment of this paragraph shall be substituted in
lieu of the 10-year period in subsection
(a)(2)(A)(ii).''.
(2) Coordination with section 29.--Section 45(c)(3) of such
Code (relating to qualified facility), as amended by subsection
(b), is amended by adding at the end the following new
subparagraph:
``(E) Coordination with section 29.--The term
`qualified facility' shall not include any facility the
production from which is taken into account in
determining any credit under section 29 for the taxable
year or any prior taxable year.''.
(3) Landfill gas.--Section 45(c) of such Code is amended by
adding at the end the following new paragraph:
``(5) Landfill gas.--The term `landfill gas' means gas
derived from the biodegradation of municipal solid waste.''.
(d) Effective Date.--The amendments made by this section shall
apply to electricity sold after the date of the enactment of this Act. | Amends the Internal Revenue Code (IRC) provision concerning the credit for producing fuel from a nonconventional source to provide, in general, that in the case of a facility for producing qualified fuel from landfill gas which is placed in service after June 30, 1998, and before January 1, 2008, the provision shall apply to fuel produced at such facility during the five-year period beginning on the later of: (1) the date such facility was placed in service; or (2) enactment.Amends the IRC provision concerning electricity produced from certain renewable sources to: (1) include landfill gas as a qualified energy resource; and (2) include, in the case of a facility using landfill gas to produce electricity, as a qualified facility any such facility owned by the taxpayer which is originally placed in service before January 1, 2008. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the credit for the production of fuel from nonconventional sources for the production of electricity to include landfill gas."} | 1,323 | 170 | 0.664047 | 1.795147 | 0.818345 | 5.402439 | 6.981707 | 0.890244 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Financial Literacy Act of
2009''.
SEC. 2. FINANCIAL LITERACY PROGRAMS.
Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C.
2903) is amended by adding at the end the following new subsection:
``(d) Direct Support for Financial Literacy Programs Taken Into
Account.--
``(1) Standards established for eligible programs.--The
appropriate Federal financial supervisory agencies shall
jointly prescribe regulations establishing--
``(A) the minimum standards required to be met by a
community-based financial literacy program in order to
be eligible for consideration under paragraph (3) as a
qualified community-based financial literacy program;
``(B) the procedures for financial institutions to
apply to the appropriate Federal financial supervisory
agency for approval of a financial literacy program as
a qualified community-based financial literacy program;
and
``(C) a requirement that financial institutions
submit a regular report on how the institution
supported and promoted financial literacy in its entire
community, including low- and moderate-income
neighborhoods.
``(2) Factors.--The regulations required under paragraph
(1) shall require at a minimum that a qualified community-based
financial literacy program--
``(A) be offered by a nonprofit budget and
counseling agency which is exempt from taxation under
section 501(c)(3) of the Internal Revenue Code of 1986;
and
``(B) include adequate education to promote
consumer understanding of consumer, economic, and
personal finance issues and concepts, including saving
for retirement, managing credit, long-term care, estate
planning and education on predatory lending, identity
theft, and financial abuse schemes.
``(3) Programs taken into account.--The direct support by a
financial institution of a qualified community-based financial
literacy program may be taken into account by the appropriate
Federal financial supervisory agency under subsection (a) in
assessing the institution's record of meeting the credit needs
of its entire community, including low- and moderate-income
neighborhoods, in such amount and to such extent as may be
provided in the joint regulations prescribed under paragraph
(1).''.
SEC. 3. CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES WHICH PROVIDE
CONTINUING FINANCIAL EDUCATION TO EMPLOYEES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45R. SMALL BUSINESSES PROVIDING CONTINUING FINANCIAL EDUCATION
TO EMPLOYEES.
``(a) In General.--In the case of an eligible small business, the
continuing financial education credit determined under this section is
an amount equal to 35 percent of the continuing financial education
expenses paid or incurred by the taxpayer during the taxable year.
``(b) Eligible Small Business.--For purposes of this section, the
term `eligible small business' means any small business which provides
without charge a qualified continuing financial education program to
its employees throughout the taxable year.
``(c) Qualified Continuing Financial Education Program.--For
purposes of this section--
``(1) In general.--The term `qualified continuing financial
education program' means any educational program or services--
``(A) which is provided by a community-based budget
and counseling agency which is described in section
501(c)(3) and exempt from tax under section 501(a),
``(B) which promotes consumer understanding of
consumer, economic, and personal finance issues and
concepts, including saving for retirement, managing
credit, long-term care, estate planning and education
on predatory lending, identity theft, and financial
abuse schemes,
``(C) which is offered to all employees of the
taxpayer who have at least 2 weeks of service with the
employer, and
``(D) which is offered during--
``(i) at least 24 hours of each month if
the taxpayer is a corporation, or
``(ii) at least 16 hours of each month in
any other case.
``(d) Small Business.--For purposes of this section--
``(1) In general.--The term `small business' means, with
respect to any taxable year, any employer if--
``(A) such employer employed an average of at least
2 but not more than 50 employees on business days
during the most recent calendar year ending before such
taxable year, and
``(B) such employer employed at least 2 employees
on the first day of the taxable year.
``(2) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
calendar year referred to in paragraph (1), the determination
under paragraph (1) shall be based on the average number of
employees that it is reasonably expected such employer will
employ on business days in the taxable year.
``(3) Special rules.--
``(A) Controlled groups.--For purposes of this
subsection, all persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414
shall be treated as 1 employer.
``(B) Predecessors.--Any reference in this
subsection to an employer shall include a reference to
any predecessor of such employer.''.
(b) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end the following new subsection:
``(g) Credit for Small Businesses Providing Continuing Financial
Education to Employees.--No deduction shall be allowed for that portion
of the expenses paid or incurred during the taxable year which is equal
to the credit determined for the taxable year under sections 45R(a). In
the case of persons treated as a single employer under section
45R(d)(3)(A), this subsection shall be applied under rules prescribed
by the Secretary similar to the rules applicable under subsections (a)
and (b) of section 52.''.
(c) Credit To Be Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``plus'' at the end of paragraph (34),
by striking the period at the end of paragraph (35) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(36) in the case of an eligible small business (as
defined in section 45R(d)), the continuing financial education
credit under section 45R(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45R. Small businesses providing continuing financial education
to employees.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 4. PREFERENCE IN FEDERAL CONTRACTS, LOANS, AND OTHER ASSISTANCE
FOR SMALL BUSINESSES AND CORPORATIONS PROVIDING
CONTINUING FINANCIAL EDUCATION TO EMPLOYEES.
(a) Preference.--In the case of any Federal contract or any Federal
financial or nonfinancial assistance, an eligible small business or an
eligible corporation shall be given a preference when submitting a bid
or proposal for the contract or applying for such assistance.
(b) Definitions.--In this section:
(1) Eligible small business.--The term ``eligible small
business'' has the meaning provided in section 45R(b) of the
Internal Revenue Code of 1986.
(2) Eligible corporation.--The term ``eligible
corporation'' means any corporation--
(A) that employs 50 or more employees; and
(B) that provides without charge a qualified
continuing financial education program to its employees
throughout the taxable year.
(3) Qualified continuing financial education program.--The
term ``qualified continuing financial education program'' has
the meaning provided in section 45R(c) of the Internal Revenue
Code of 1986.
(4) Federal financial or nonfinancial assistance.--The term
``Federal financial or nonfinancial assistance'' means--
(A) all programs and activities involving Federal
financial and nonfinancial assistance and benefits, as
covered by Executive Order No. 12549 and guidelines
implementing that order; and
(B) procurement programs and activities, including
Federal contracts for the procurement of goods or
services.
(c) Effective Date.--The preference required under subsection (a)
shall be applied beginning on January 1, 2010. | National Financial Literacy Act of 2009 - Amends the Community Reinvestment Act of 1977 to require federal financial supervisory agencies jointly to prescribe regulations establishing: (1) minimum standards to be met by a community-based financial literacy program in order to be eligible for consideration as a qualified community-based financial literacy program; (2) procedures for financial institutions to apply to a federal financial supervisory agency for approval of such a program; and (3) a requirement that financial institutions submit a regular report on how the institution supported and promoted financial literacy in its entire community, including low- and moderate-income neighborhoods.
Authorizes a federal financial supervisory agency to take an institution's direct support of a qualified community-based financial literacy program into account when it assesses the institution's record of meeting the community's credit needs.
Amends the Internal Revenue Code to allow a tax credit to small businesses for 35% of the expenses paid or incurred for providing qualified continuing financial education to their employees.
Requires that preference in federal contracts, loans, and other financial or nonfinancial assistance for small businesses and corporations be given to those providing continuing financial education to their employees. | {"src": "billsum_train", "title": "To provide incentives to encourage financial institutions and small businesses to provide continuing financial education to customers, borrowers, and employees, and for other purposes."} | 1,961 | 251 | 0.707705 | 1.861472 | 0.921326 | 4.387387 | 7.837838 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modern Employment, Reform,
Improvement, and Transformation Act of 2018'' or the ``MERIT Act of
2018''.
SEC. 2. ALTERNATIVE REMOVAL FOR PERFORMANCE OR MISCONDUCT.
(a) In General.--Chapter 75 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--ALTERNATIVE REMOVAL FOR PERFORMANCE OR MISCONDUCT
``Sec. 7551. Removal for performance or misconduct
``(a) Definitions.--In this section:
``(1) Employee.--The term `employee' means any individual
covered by subchapter II or V of this chapter.
``(2) Misconduct.--The term `misconduct' includes neglect
of duty, malfeasance, failure to accept a directed
reassignment, the commitment of a prohibited personnel
practice, a violation of protocol, and failure to accompany a
position in a transfer of function.
``(b) Authority.--The head of an agency may remove an employee from
the civil service if the head of the agency determines the performance
or misconduct of the individual warrants the removal.
``(c) Procedure.--
``(1) In general.--Not later than 7 days and not earlier
than 21 days before taking a personnel action described in
subsection (b) against an employee, the head of the agency
employing the employee shall provide the employee with--
``(A) notice in writing of the proposed personnel
action, including the reasons for the proposed action
and the forecasted final date of employment; and
``(B) an opportunity to respond to the proposed
personnel action within the remaining employment period
beginning on the date of receipt of notice.
``(2) Appeal.--
``(A) In general.--Subject to subparagraph (B), any
removal under subsection (b) may be appealed to the
Merit Systems Protection Board under section 7701.
``(B) Timing.--An appeal under subparagraph (A) of
a removal may only be made if the appeal is made not
later than 7 days after the date of the removal.
``(3) Limit on removal procedures.--The procedures under
section 7513(b) or section 7543(b) shall not apply to a removal
under this section.
``(d) Expedited Review by Merit Systems Protection Board.--
``(1) Appeal decision timing.--Upon receipt of an appeal
under subsection (c)(2)(A), the Merit Systems Protection Board
shall issue a decision not later than 30 days after the date of
the appeal.
``(2) Evidentiary standard.--Notwithstanding section
7701(c)(1)(B), the Merit Systems Protection Board shall uphold
the decision of the head of an agency to remove an employee
under subsection (b) if the decision is supported by
substantial evidence.
``(3) Final removal.--In any case in which the Merit
Systems Protection Board cannot issue a decision in accordance
with the 30-day requirement under paragraph (1), the removal is
final.
``(4) Report required.--In the case of a final removal
under paragraph (3), the Merit Systems Protection Board shall,
within 14 days after the date that the removal is final, submit
to Congress, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of Representatives
a report that explains the reasons why a decision was not
issued in accordance with the requirement under paragraph (1).
``(5) No stay of removal during appeal.--The Merit Systems
Protection Board may not stay any removal under this section
unless the basis for the appeal of the removal is a violation
of paragraph (8) or (9) of section 2302(b).
``(6) Requirement for removed individual during appeal.--
During the period beginning on the date on which an individual
appeals a removal from the civil service under subsection
(c)(2)(A) and ending on the date that the Merit Systems
Protection Board issues a final decision on the appeal, the
individual may not receive any pay, awards, bonuses,
incentives, allowances, differentials, student loan repayments,
special payments, or benefits.
``(7) Provision of information.--To the maximum extent
practicable, the head of an agency shall provide to the Merit
Systems Protection Board such information and assistance as may
be necessary to ensure an appeal under this subsection is
expedited.
``(e) Additional Authority.--The authority provided by this section
is in addition to the authority otherwise provided under this
chapter.''.
(b) Conforming Amendment.--The table of sections for chapter 75 of
title 5, United States Code, is amended by adding at the end the
following:
``subchapter vi--alternative removal for performance or misconduct
``7551. Removal for performance or misconduct.''. | Modern Employment, Reform, Improvement, and Transformation Act of 2018 or the MERIT Act of 2018 This bill provides new, alternative authority for an agency to remove a federal civil service employee based on performance or misconduct. | {"src": "billsum_train", "title": "Modern Employment, Reform, Improvement, and Transformation Act of 2018"} | 1,117 | 45 | 0.522121 | 1.248076 | 0.652871 | 3.219512 | 24.073171 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection from Rogue Oil Traders
Engaging in Computerized Trading Act'' or the ``PROTECT Act''.
SEC. 2. REQUIREMENTS APPLICABLE TO HIGH FREQUENCY TRADERS OF COMMODITY
FUTURES AND OPTIONS.
(a) In General.--The Commodity Exchange Act (7 U.S.C. 1 et seq.) is
amended by inserting after section 4t the following:
``SEC. 4U. REQUIREMENTS APPLICABLE TO HIGH FREQUENCY TRADERS.
``(a) Registration.--It shall be unlawful for any person to engage
in an activity that the Commission has defined in regulations as high
frequency trading, unless the person has registered with the Commission
(in such form, in such manner, and providing such information as the
Commission shall prescribe) as a high frequency trader, and the
registration has not expired or been suspended or revoked.
``(b) Other Requirements.--A registered high frequency trader
shall--
``(1) test all computer programs and algorithms used by the
trader in any high frequency trading activity and determine
whether the programs and algorithms are functioning properly,
in such manner and with such frequency as the Commission shall
prescribe in regulations;
``(2) establish and document high frequency trading system
safeguards reasonably designed to ensure the proper function of
all programs and algorithms used by the high frequency trader
including conditions and parameters relating to the automatic
termination, pausing, or cancellation of the trader's messaging
or trading activity, maximum message and trade execution rates
and order sizes, intra-day risk position limits, and market and
trade monitoring systems that are appropriate for ensuring
compliance with the system safeguards, including systems
designed to monitor market volatility and the trader's risk
position on an intra-day basis;
``(3) shall not simultaneously purchase and sell through
the same or different accounts the same commodity contract,
agreement, or transaction, unless the simultaneous purchases
and sales are of a de minimis quantity and are reported to the
Commission periodically, in a form and manner to be determined
by the Commission;
``(4) submit to the Commission semiannual reports on the
high frequency trading activities of the trader during the
period covered by the report, in such form, in such manner, and
containing such information as the Commission may require,
signed by the chief executive officer (or equivalent officer)
of the trader; and
``(5) conform with such business conduct standards as may
be prescribed by the Commission by rule or regulation that
relate to--
``(A) fraud, manipulation, and other abusive or
disruptive practices, and other practices that may
affect market integrity involving high frequency
traders (including high frequency trades that are
offered but not entered into); and
``(B) such other matters as the Commission may
determine are appropriate in the public interest or
otherwise in furtherance of the purposes of this Act,
including information necessary to develop a
classification scheme and public reports relating to
high frequency traders and trading activity and sub-
categories thereto.''.
(b) Deadline for Issuance of Rules Defining High Frequency
Trading.--Within 9 months after the date of the enactment of this Act,
the Commodity Futures Trading Commission shall prescribe final
regulations defining the activities that shall be considered to be high
frequency trading for purposes of section 4u of the Commodities
Exchange Act.
SEC. 3. FINE FOR HIGH FREQUENCY TRADING VIOLATION REQUIRED TO BE BASED
ON THE DURATION OF THE VIOLATION.
Section 9 of the Commodity Exchange Act (7 U.S.C. 13) is amended by
adding at the end the following:
``(f) Fine for High Frequency Trading Violation Required To Be
Based on the Duration of the Violation.--The amount of a fine imposed
under this Act with respect to a violation of a high frequency trading
regulation shall be determined on the basis of the number of seconds,
including fractions of seconds, during which the violation
continued.''.
SEC. 4. CIVIL PENALTIES UNDER THE COMMODITY EXCHANGE ACT.
(a) Authority of the Commodity Futures Trading Commission To Define
Meaning of ``Each Violation''.--Section 9 of the Commodity Exchange Act
(7 U.S.C. 13), as amended by section 3 of this Act, is amended by
adding at the end the following:
``(g) Authority To Define Scope of Violation.--The Commission may
define the scope of any violation for purposes of determining the
number of violations involved in any case arising under this Act.''.
(b) Enforcement Powers of the Commission.--Section 6 of such Act is
amended--
(1) in paragraph (10) of subsection (c) (7 U.S.C. 9), by
striking subparagraph (C) and inserting the following:
``(C) assess such person--
``(i) a civil penalty of not more than an
amount equal to the greater of--
``(I) $1,000,000, in the case of a
person who is an individual, for each
violation;
``(II) $10,000,000, in the case of
any person other than an individual,
for each violation;
``(III) triple the monetary gain to
the person and all other persons acting
in concert with the person, for each
such violation; or
``(IV) triple the total amount of
losses to persons proximately caused by
each such violation; or
``(ii) a civil penalty of triple the
maximum amount otherwise available under clause
(i) if the person, within 5 years preceding the
violation, has been--
``(I) found in a proceeding brought
by the Commission, or by agreement of
settlement to which the Commission is a
party, to have recklessly or willfully
violated any provision of this Act or
of the rules, regulations, or orders of
the Commission thereunder; or
``(II) convicted of any criminal
offense that involves a violation of
this Act or of the rules, regulations,
or orders of the Commission thereunder;
and'';
(2) in subsection (d) (7 U.S.C. 13b)--
(A) by inserting ``(1)'' after ``(d)'';
(B) by striking ``$140,000 or triple the monetary
gain to such person,'' and inserting ``(A) $1,000,000,
in the case of a person who is an individual, for each
violation, (B) $10,000,000, in the case of any person
other than an individual, for each violation, (C)
triple the monetary gain to the person and all other
persons acting in concert with the person, for each
such violation, or (D) triple the total amount of
losses to persons proximately caused by each such
violation,''; and
(C) by striking the period and inserting ``; and'';
and
(D) by adding after and below the end the
following:
``(2)(A) A person shall be held liable for a civil penalty
in triple the amount otherwise available for a violation under
this subsection if the person, within 5 years preceding such
violation, has been--
``(i) found in a proceeding brought by the
Commission, or by agreement of settlement to which the
Commission is a party, to have recklessly or willfully
violated any provision of this Act or the rules,
regulations, or orders of the Commission thereunder; or
``(ii) convicted of any criminal offense that
involves violation of this Act or the rules,
regulations, or orders of the Commission thereunder.''.
(c) Nonenforcement of Rules of Government or Other Violations.--
Section 6b of such Act (7 U.S.C. 13a) is amended in the 1st sentence--
(1) by striking ``$500,000 for each such violation, or, in
any case of manipulation or attempted manipulation in violation
of section 6(c), 6(d), or 9(a)(2), a civil penalty of not more
than $1,000,000 for each such violation'' and inserting ``(A)
$1,000,000, in the case of a person who is an individual, for
each violation, (B) $10,000,000, in the case of any person
other than an individual, for each violation, (C) triple the
monetary gain to the person and all other persons acting in
concert with the person, for each such violation, or (D) triple
the total amount of losses to persons proximately caused by
each such violation, and such civil penalty shall be assessed
for each violation on which a failure to enforce or other
violation occurs or has occurred; provided that a registered
entity, director, officer, agent, or employee shall be assessed
a civil penalty of triple the amount otherwise available if the
person, within 5 years of such violation, has been found in a
proceeding brought by the Commission, or by agreement of
settlement to which the Commission is a party, to have
recklessly or willfully violated any provision of this Act or
the rules, regulations, or orders of the Commission thereunder,
or convicted of any criminal offense that involves a violation
of this Act or the rules, regulations, or orders of the
Commission thereunder''.
(d) Action To Enjoin or Restrain Violations.--Section 6c(d) of such
Act (7 U.S.C. 13a-1(d)) is amended--
(1) in paragraph (1), by inserting ``a civil penalty in the
amount of'' after ``violation''; and
(2) by striking subparagraphs (A) and (B) of paragraph (1)
and inserting the following:
``(A) not more than the greater of--
``(i) ``$1,000,000, in the case of a person
who is an individual, for each violation;
``(ii) $10,000,000, in the case of any
person other than an individual, for each
violation;
``(iii) triple the monetary gain to the
person and all other persons acting in concert
with the person, for each such violation; or
``(iv) triple the total amount of losses by
persons proximately caused by each such
violation; or
``(B) triple the maximum amount otherwise available
under subparagraph (A) if the person, within 5 years
preceding the violation, has been--
``(i) found in a proceeding brought by the
Commission, or by agreement of settlement to
which the Commission is a party, to have
recklessly or willfully violated any provision
of this Act or of the rules, regulations, or
orders of the Commission thereunder; or
``(ii) convicted of any criminal offense
that involves a violation of this Act or of the
rules, regulations, or orders of the Commission
thereunder.''.
(e) Criminal Penalties.--Section 9(a) of such Act (7 U.S.C. 13(a))
is amended by inserting ``in the case of an individual or $10,000,000
in the case of any person other than an individual, for each
violation,'' after ``$1,000,000''.
(f) Statute of Limitations.--Section 9 of such Act (7 U.S.C. 13) is
amended by adding at the end the following:
``(f) Statute of Limitations.--An action, suit or proceeding for
the enforcement of any civil fine, penalty, or forfeiture, pecuniary or
otherwise, shall not be entertained unless commenced within 10 years
after the date when the claim first accrued if, within the same period,
the offender or the property is found within the United States in order
that proper service may be made thereon.''.
SEC. 5. EFFECTIVE DATES.
(a) Requirements Applicable to High Frequency Traders.--The
amendment made by section 2(a) shall take effect on the date that is 9
months after the date of the enactment of this Act.
(b) Penalties Provisions.--The amendments made by sections 3 and 4
shall take effect on the date that is 15 days after the date of the
enactment of this Act. | Protection from Rogue Oil Traders Engaging in Computerized Trading Act or PROTECT Act - Amends the Commodities Exchange Act to make it unlawful to engage in an activity that the Commodities Futures Trading Commission (CFTC) has defined as high frequency trading, unless the person has registered with the CFTC as a high frequency trader, and the registration has neither expired nor been suspended or revoked. Prescribes requirements governing high frequency trading. Requires the fine for a high frequency trading violation to be based on the number of seconds, including fractions of seconds, during which the violation continued. Authorizes the CFTC to define the scope of any violation for purposes of determining the number involved in any civil case arising under this Act. Increases the civil penalties for violations of the prohibition against manipulation and false information with respect to swaps and commodities. | {"src": "billsum_train", "title": "PROTECT Act"} | 2,739 | 195 | 0.570085 | 1.689853 | 0.813823 | 4.116883 | 16.071429 | 0.883117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Timber Supply and
Manufacturing Incentives Act''.
SEC. 2. INVESTMENT INCENTIVE FOR DOMESTIC TIMBER PRODUCTION.
(a) In General.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended by adding at the end the following new section:
``SEC. 1202. INVESTMENT INCENTIVE FOR DOMESTIC TIMBER PRODUCTION.
``(a) In General.--At the election of any taxpayer who has
qualified timber gain for any taxable year, there shall be allowed as a
deduction from gross income an amount equal to the qualified percentage
of such gain.
``(b) Qualified Timber Gain.--For purposes of this section--
``(1) In general.--The term `qualified timber gain' means
the lesser of--
``(A) the net capital gain for the taxable year, or
``(B) the net capital gain for the taxable year
determined by taking into account only gains and losses
from qualified timber.
``(2) Qualified timber.--The term `qualified timber' means
any timber with respect to which the taxpayer has provided
assurances (which are satisfactory to the Secretary) that
substantially all of the processing of the timber will occur
within the United States.
``(c) Qualified Percentage.--For purposes of this section, the term
`qualified percentage' means the percentage (not exceeding 30 percent)
determined by multiplying--
``(1) 2 percent, by
``(2) the number of years in the holding period of the
taxpayer with respect to the timber.
``(d) Estates and Trusts.--In the case of an estate or trust, the
deduction under subsection (a) shall be computed by excluding the
portion (if any) of the gains for the taxable year from sales or
exchanges of capital assets which, under sections 652 and 662 (relating
to inclusions of amounts in gross income of beneficiaries of trusts),
is includible by the income beneficiaries as gain derived from the sale
or exchange of capital assets.''
(b) Coordination With Existing Limitations.--
(1) Subsection (h) of section 1 of such Code (relating to
maximum capital gains rate) is amended by inserting after ``net
capital gain'' each place it appears the following; ``(other
than qualified timber gain with respect to which an election is
made under section 1202)''.
(2) Subsection (a) of section 1201 of such Code (relating
to alternative tax for corporations) is amended by inserting
after ``net capital gain'' each place it appears the following:
``(other than qualified timber gain with respect to which an
election is made under section 1202)''.
(c) Allowance of Deduction in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (relating to definition of
adjusted gross income) is amended by adding at the end the following
new paragraph:
``(14) Investment incentive for domestic timber
production.--The deduction allowed by section 1202.''
(d) Conforming Amendment.--The table of sections for part I of
subchapter P of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1202. Investment incentive for
domestic timber production.''
(e) Effective Date.--The amendments made by this section shall
apply to sales or exchanges after the date of the enactment of this
Act.
SEC. 3. APPLICATION OF PASSIVE LOSS LIMITATIONS TO TIMBER ACTIVITIES.
(a) Determination of Material Participation.--Subsection (h) of
section 469 of the Internal Revenue Code of 1986 (defining material
participation) is amended by adding at the end the following new
paragraph:
``(6) Treatment of timber activities.--
``(A) In general.--A taxpayer shall be treated as
materially participating in any timber activity for a
taxable year if--
``(i) the taxpayer's participation in the
activity for such year constitutes
substantially all of the participation in the
activity of all individuals for such year,
other than individuals--
``(I) who are not owners of
interests in the activity,
``(II) who are retained and
compensated directly by the taxpayer,
and
``(III) whose activities are
subject to the oversight supervision,
and control of the taxpayer, or
``(ii) based on all of the facts and
circumstances, the taxpayer participates in the
activity on a regular, continuous, and
substantial basis during such year, except that
for purposes of this clause--
``(I) the taxpayers shall not be
required to participate in the activity
for any minimum period of time during
such year, and
``(II) the performance of services
by individuals who are not owners of
interests in the activity shall not be
considered if the services are
routinely provided by individuals
specializing in such services and such
services are subject to the oversight,
supervision, and control of the
taxpayer.
``(B) Partners and s corporation shareholders.--
Subject to paragraph (2), the determination of whether
a partner or S corporation shareholder shall be treated
as materially participating in any timber activity of
the partnership or S corporation shall be based upon
the combined participation of all of the partners or
shareholders in the activity.
``(C) Timber activity.--For purposes of this
paragraph, the term `timber activity' means the
planting, cultivating, caring, cutting, or preparation
(other than milling) for market, of trees.''
``(b) Effective Date.--The amendment made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. DENIAL OF CERTAIN EXPORT SUBSIDIES.
(a) Foreign Sales Corporation.--Paragraph (2) of section 927(a) of
the Internal Revenue Code of 1986 (relating to exclusion of certain
property) is amended by striking ``or'' at the end of subparagraph (C),
by striking the period at the end of subparagraph (D) and inserting ``,
or'', and by adding at the end thereof the following:
``(E) any unprocessed timber.
For purposes of subparagraph (E), the term `unprocessed timber'
has the same meaning as that given to it in the Customs and
Trade Act of 1990 (104 Stat. 629).''
(b) Domestic International Sale Corporations.--Paragraph (2) of
section 993(c) of such Code (relating to exclusion of certain property)
is amended by striking ``or'' at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and inserting, ``,
or'', and by adding after subparagraph (D) the following:
``(E) any unprocessed timber.
For purposes of subparagraph (E), the term `unprocessed timber'
has the same meaning as that given to it in the Customs and
Trade Act of 1990 (104 Stat. 629).''
(c) Title-Passage Rule.--Subsection (b) of section 865 of such Code
(relating to source rules for personal property sales) is amended by
adding at the end thereof the following: ``Notwithstanding the
preceding sentence, any income from the sale of any unprocessed timber
which is a softwood and was cut from an area in the United States shall
be sourced in the United States and the rules of sections 862(a)(6) and
863(b) shall not apply to any such income. For purposes of the
preceding sentence, the term ``unprocessed timber'' has the same
meaning as that given to it in the Customs and Trade Act of 1990 (104
Stat. 629).''
(d) Elimination of Deferral.--Subsection (d) of section 954 of such
Code is amended by adding at the end thereof the following new
paragraph:
``(4) Special rule for certain timber products.--For
purposes of subsection (a)(2), the term `foreign base company
sales income' includes any income (whether in the form of
profits, commissions, fees, or otherwise) derived in connection
with--
``(A) the sale of any unprocessed timber referred
to in section 865(b), or
``(B) the milling of any such timber outside the
United States.
Subpart G shall not apply to any amount treated as subpart F
income by reason of this paragraph.''
(e) Effective Date.--The amendments made by this section shall
apply to sales, exchanges, or other dispositions after the date of the
enactment of this Act. | American Timber Supply and Manufacturing Incentives Act - Amends the Internal Revenue Code to provide taxpayers a deduction from gross income for qualified timber gain as an investment incentive. Allows such deduction in computing adjusted gross income.
Provides for applying passive loss limitations to timber activities.
Provides that export property eligible for certain tax incentives does not include any unprocessed softwood timber for purposes of: (1) taxation of foreign sales corporations (FSCs); and (2) taxation of domestic international sales corporations (DISCs).
Requires any income from the sale of such unprocessed timber which was cut from an area in the United States to be sourced in the United States. Excludes such income from rules under which: (1) gains, profits, and income involving inventory property purchased in the United States but sold or exchanged elsewhere may be sourced foreign; and (2) income derived from the manufacture of products in the United States and their sale elsewhere may be treated as having a divided source.
Repeals the deferral from income of the controlled foreign corporation from sales or milling (outside the United States) of unprocessed softwood timber to the extent that any controlled foreign corporation is owned by ten percent or more U.S. shareholders. | {"src": "billsum_train", "title": "American Timber Supply and Manufacturing Incentives Act"} | 1,971 | 267 | 0.582217 | 1.631582 | 0.790689 | 2.32766 | 7.604255 | 0.829787 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Export Review Act''.
SEC. 2. ANNUAL REVIEW OF CONTROLLED ITEMS.
Section 4 of the Export Administration Act of 1979 (50 U.S.C. App.
2403) is amended by adding at the end the following:
``(h) Control List Review.--
``(1) In general.--In order to ensure that requirements for
validated licenses to export are periodically removed as goods
and technology become obsolete with respect to the specific
objectives of the export controls requiring such licenses, the
Secretary shall conduct periodic reviews of such controls
imposed under sections 5 and 6. The Secretary shall complete
such a review not later than 6 months after the date of the
enactment of this subsection, and not later than the end of
each 1-year period thereafter.
``(2) Review elements.--In conducting each review under
paragraph (1), the Secretary shall do the following with
respect to the export controls requiring a license described in
paragraph (1):
``(A) Objectives of controls.--The Secretary shall
identify the specific objectives of the export
controls, for the 12-month period following the
completion of the review, for each country or group of
countries for which a validated license is required.
When an objective of an export control is to defer the
development of a specific capability in such country or
group of countries, the Secretary shall specify for
what period of time the controls are expected to defer
such capability.
``(B) Quantity and performance.--The Secretary
shall estimate, for the 12-month period described in
subparagraph (A), the quantities and performance (as
specified in specific performance parameters on the
control list) of the goods and technology to which the
controls apply that must be obtained by each country or
group of countries for which a validated license is
required in order to defeat the objectives of the
export controls.
``(C) Availability to controlled destinations.--The
Secretary shall evaluate the effectiveness of the
export controls in achieving their specific objectives,
including explicit descriptions of the availability
from sources outside the United States, or from sources
inside the United States resulting from the inability
of the United States Government to effectively enforce
controls, during the 12-month period described in
subparagraph (A), to controlled countries of goods and
technology to which the export controls apply.
``(D) Economic impact.--The Secretary shall
evaluate the economic impact, during the 12-month
period described in subparagraph (A), of the export
controls on exporting companies, including estimates of
lost sales, loss in market share, and administrative
overhead.
``(3) Changes in controls.--
``(A) Changes.--After completing each review under
this subsection, the Secretary shall, if warranted by
the findings of the review and after consultation with
appropriate departments or agencies--
``(i) eliminate the requirement for an
export license for a particular good or
technology;
``(ii) make such a good or technology
eligible for delivery under a distribution
license or other license authorizing multiple
exports;
``(iii) eliminate a performance threshold
or other characteristic upon which the
requirement for a validated license for such a
good or technology is based; or
``(iv) increase the performance levels at
which an individual validated license for such
a good or technology is required, at which it
is eligible for delivery under a distribution
license, or at which special conditions or
security safeguard plans are imposed as a
condition of export.
``(4) Hearings.--The Secretary shall conduct public
hearings not less than once each year in order to solicit
information from all interested parties on all matters to be
addressed in each review conducted under this subsection.
``(5) Removal of controls on mass-market products.--
``(A) Mass-market products defined.--For the
purposes of this paragraph, the term `mass-market
product' means any good or technology sold, licensed,
or otherwise distributed as a discrete item and which
will have been distributed for end use outside the
United States in a quantity exceeding 100,000 units
over a 12-month period, as determined under
subparagraph (B).
``(B) Anticipatory review of mass-market
products.--Not later than--
``(i) 6 months after the date of the
enactment of this subsection, and
``(ii) the end of each 1-year period
thereafter,
the Secretary shall, in consultation with the
appropriate technical advisory committee, industry
groups, and producers, identify those items described
in subparagraph (A) (including products differentiated
on the control list according to specific performance
parameters) that will be distributed for end use
outside the United States in a quantity exceeding
100,000 units beginning on the applicable date
described in clause (i) or (ii). For purposes of this
paragraph, estimates of numbers of items that will be
distributed shall be based on reliable estimates
provided by producers of such items.
``(C) Action by the secretary.--Not later than 30
days after an item is determined by the Secretary under
subparagraph (B) to be a mass-market product, the
Secretary shall propose to any group of countries which
imposes export controls on the item cooperatively with
the United States the elimination of controls on the
item in accordance with the procedures of such group,
and shall publish a notice of such proposal in the
Federal Register.
``(6) Relationship to other provisions.--The requirements
of this subsection are in addition to any other requirements of
this Act. The Secretary may coordinate reviews under this
subsection with reviews conducted under section 5(c).''.
SEC. 3. EQUAL TREATMENT OF COMPONENTS.
Section 4 of the Export Administration Act of 1979 is amended by
adding at the end the following new subsection:
``(i) Treatment of Semiconductors.--The export control treatment
imposed under the authority of this Act upon semiconductor devices
shall be no more restrictive or burdensome to the exporter than the
export control treatment imposed under the authority of this Act upon
computer systems or telecommunications systems for which the
semiconductor devices serve or can serve as components.''. | Technology Export Review Act - Amends the Export Administration Act of 1979 to direct the Secretary of Commerce to conduct periodic reviews of national security and foreign policy export controls on goods and technology in order to ensure that requirements for validated licenses to export are periodically removed as such items become obsolete with respect to the objectives of such controls.
Requires the Secretary, if the review warrants, to: (1) eliminate the requirement for an export license for a particular good or technology; (2) make such item eligible for delivery under a distribution license or other license authorizing multiple exports; (3) eliminate a performance threshold upon which the license requirement for the item is based; or (4) increase the performance levels at which a license for such item is required, at which it is eligible for delivery under a distribution license, or at which special conditions or security safeguard plans are imposed as a condition of export.
Requires the Secretary to: (1) identify mass-market products (any good or technology sold, licensed, or distributed as a discrete item which will have been distributed for end use outside the United States in a quantity exceeding 100,000 units over a 12-month period); and (2) propose the elimination of export controls on such an item to any group of countries which imposes similar controls on it cooperatively with the United States.
Requires the export control treatment imposed under this Act upon semiconductor devices to be no more restrictive or burdensome to the exporter than controls imposed under such Act upon computer systems or telecommunications systems for which the semiconductor devices serve as components. | {"src": "billsum_train", "title": "Technology Export Review Act"} | 1,330 | 331 | 0.674094 | 2.201154 | 0.765331 | 4.438312 | 4.191558 | 0.957792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Right to Decide Protection
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) HPV, the human papillomavirus, is the most common
sexually transmitted infection in the United States. HPV types
16 and 18 cause about 70 percent of cervical cancers. The
Centers for Disease Control and Prevention estimates that about
6,200,000 Americans become infected with HPV each year and that
over half of all sexually active men and women become infected
at some time in their lives. On average, there are 9,710 new
cases of cervical cancer and 3,700 deaths attributed to it in
the United States each year.
(2) Early detection is the key to diagnosing and curing
cervical cancer, and therefore the Food and Drug Administration
(FDA) recommends that all women get regular Pap tests. The Pap
test looks for cell changes caused by HPV, so the cervix can be
treated before the cells turn into cancer. The FDA also states
the Pap test can also find cancer in its early stages so it can
be treated before it becomes too serious, and reaches the
conclusion that it is rare to die from cervical cancer if the
disease is caught early.
(3) On June 8, 2006, the FDA approved Gardasil, the first
vaccine developed to prevent cervical cancer, precancerous
genital lesions, and genital warts due to human papillomavirus
(HPV) types 6, 11, 16, and 18. Gardasil is a recombinant
vaccine, it does not contain a live virus, and it is given as
three injections over a six-month period. The vaccine is
approved for use in females 9-26 years of age. However, the FDA
also states that since the vaccine is new, more studies need to
be done to determine how long women will be protected from HPV.
For example, the FDA does not know if a booster is needed after
a couple of years to ensure continuity of protection.
(4) As detailed by the FDA, four studies were conducted in
21,000 women, one in the United States and three multinational,
to show how well Gardasil worked in women between the ages of
16 and 26. The study period was not long enough for cervical
cancer to develop; however, preventing cervical precancerous
lesions is believed highly likely to result in the prevention
of cervical cancer.
(5) In January 2007 the Advisory Committee on Immunization
Practices (ACIP), under the Centers for Disease Control and
Prevention, issued changes to the previous childhood and
adolescent immunization schedule. The ACIP recommends the new
human papillomavirus vaccine (HPV) to be administered in a 3-
dose schedule with the second and third doses administered 2
and 6 months after the first dose. Routine vaccination with HPV
is recommended for females aged 11-12 years, the vaccination
series can be started in females as young as age 9 years, and a
catch up vaccination is recommended for females aged 13-26
years who have not been vaccinated previously or who have not
completed the full vaccine series.
(6) In July 2008 Judicial Watch, a Washington-based public
interest group, reported that there have been close to 9,000
health complaints as a result of Gardasil. These complaints
have surfaced because Gardasil recipients have experienced
everything from massive wart outbreaks to paralysis, and even
death in 18 cases.
(7) States historically have maintained the practice of
applying immunization recommendations to their school
admittance policies so as to protect schoolchildren from
outbreaks of contagious disease. The Association of American
Physicians and Surgeons states that there is no public health
purpose for mandating HPV vaccine for schoolchildren. HPV is a
sexually transmitted disease.
(8) With a number of states entertaining legislation which
takes the unprecedented step in requiring young girls to obtain
a vaccine for a disease that is not spread by casual contact in
order to attend school, many organizations and associations
have come out against mandatory HPV vaccine programs.
(9) The American College of Pediatricians and the
Association of American Physicians and Surgeons are opposed to
any legislation which would require HPV vaccination for school
attendance. They have stated that excluding children from
school for refusal to be vaccinated for a disease spread only
by intercourse is a serious, precedent-setting action that
trespasses on the right of parents to make medical decisions
for their children as well as on the rights of the children to
attend school.
(10) Federal funds should not be used to implement a
mandatory vaccine program for a disease that does not threaten
the public health of schoolchildren in the course of casual,
daily interaction between classmates and inserts the government
into the lives of children, parents, and physicians.
SEC. 3. PROHIBITION AGAINST FUNDING FOR MANDATORY HUMAN PAPILLOMAVIRUS
(HPV) VACCINATION PROGRAMS.
No Federal funds or other assistance may be made available to any
State or political subdivision of a State to establish or implement any
requirement that individuals receive vaccination for human
papillomavirus (HPV). | Parental Right to Decide Protection Act - Prohibits federal funds or other assistance from being made available to any state or political subdivision to establish or implement any requirement that individuals receive vaccination for human papillomavirus (HPV). | {"src": "billsum_train", "title": "To prohibit Federal funding or other assistance for mandatory human papillomavirus (HPV) vaccination programs."} | 1,133 | 53 | 0.402862 | 1.096231 | 0.390942 | 4.6 | 25.725 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Equitable Treatment
Act of 1999''.
SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) In General.--Section 712 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Hospital day and outpatient visit limits.--In the
case of a group health plan (or health insurance coverage
offered in connection with such a plan) that provides both
medical and surgical benefits and mental health benefits--
``(A) No inpatient limits.--If the plan or coverage
does not include a limit on the number of days of
coverage provided for inpatient hospital stays in
connection with covered medical and surgical benefits,
the plan or coverage may not impose any limit on
inpatient hospital stays for mental health benefits.
``(B) Certain inpatient limits.--If the plan or
coverage includes a limit on the number of days of
coverage provided for inpatient hospital stays in
connection with certain covered medical and surgical
benefits, the plan or coverage may impose comparable
limits on inpatient hospital stays for mental health
benefits.
``(C) No outpatient limits.--If the plan or
coverage does not include a limit on the number of
outpatient visits in connection with covered medical
and surgical benefits, the plan or coverage may not
impose any limit on the number of outpatient visits for
mental health benefits.
``(D) Certain outpatient limits.--If the plan or
coverage includes a limit on the number of outpatient
visits in connection with certain covered medical and
surgical benefits, the plan or coverage may impose
comparable limits on the number of outpatient visits
for mental health benefits.
``(4) Severe mental illness.--In the case of a group health
plan (or health insurance coverage offered in connection with
such a plan) that provides medical and surgical benefits and
mental health benefits, such plan or coverage shall not impose
any limitations on the coverage of benefits for severe
biologically-based mental illnesses unless comparable
limitations are imposed on medical and surgical benefits.'';
(2) by striking subsection (b) and inserting the following:
``(b) Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as requiring a group health plan (or health
insurance coverage offered in connection with such a
plan) to provide any mental health benefits; or
``(B) in the case of a group health plan (or health
insurance coverage offered in connection with such a
plan) that provides mental health benefits, as
affecting the terms and conditions (including cost
sharing and requirements relating to medical necessity)
relating to the amount, duration, or scope of mental
health benefits under the plan or coverage, except as
specifically provided in subsection (a) (in regard to
parity in the imposition of aggregate lifetime limits
and annual limits and limits on inpatient stays or
outpatient visits for mental health benefits).
``(2) Care, treatment, and delivery of services.--Nothing
in this subpart shall be construed to prohibit the provision of
care or treatment, or delivery of services, relating to mental
health services, by qualified health professionals within their
scope of practice as licensed or certified by the appropriate
State or jurisdiction.'';
(3) in subsection (c)--
(A) by striking paragraph (2); and
(B) in paragraph (1)--
(i) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) In general.--This section shall not apply to
any group health plan (and group health insurance
coverage offered in connection with a group health
plan) for any plan year of any employer who employed an
average of at least 2 but not more than 25 employees on
business days during the preceding calendar year.'';
(ii) by redesignating subparagraphs (A) and
(C) as paragraphs (1) and (2), respectively,
and realigning the margins accordingly; and
(iii) in paragraph (2) (as so
redesignated), by redesignating clauses (i)
through (iii) as subparagraphs (A) through (C),
respectively;
(4) in subsection (e), by adding at the end the following:
``(5) Severe biologically-based mental illness.--The term
`severe biologically-based mental illness' means an illness
that medical science in conjunction with the Diagnostic and
Statistical Manual of Mental Disorders (DSM IV) affirms as
biologically based and severe, including schizophrenia, bipolar
disorder, major depression, obsessive compulsive and panic
disorders, posttraumatic stress disorder, autism, and other
severe and disabling mental disorders such as anorexia nervosa
and attention-deficit/hyper activity disorder.''; and
(5) by striking subsection (f).
(b) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 2000.
SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
GROUP MARKET.
(a) In General.--Section 2705 of the Public Health Service Act (42
U.S.C. 300gg-5) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Hospital day and outpatient visit limits.--In the
case of a group health plan (or health insurance coverage
offered in connection with such a plan) that provides both
medical and surgical benefits and mental health benefits--
``(A) No inpatient limits.--If the plan or coverage
does not include a limit on the number of days of
coverage provided for inpatient hospital stays in
connection with covered medical and surgical benefits,
the plan or coverage may not impose any limit on
inpatient hospital stays for mental health benefits.
``(B) Certain inpatient limits.--If the plan or
coverage includes a limit on the number of days of
coverage provided for inpatient hospital stays in
connection with certain covered medical and surgical
benefits, the plan or coverage may impose comparable
limits on inpatient hospital stays for mental health
benefits.
``(C) No outpatient limits.--If the plan or
coverage does not include a limit on the number of
outpatient visits in connection with covered medical
and surgical benefits, the plan or coverage may not
impose any limit on the number of outpatient visits for
mental health benefits.
``(D) Certain outpatient limits.--If the plan or
coverage includes a limit on the number of outpatient
visits in connection with certain covered medical and surgical
benefits, the plan or coverage may impose comparable limits on the
number of outpatient visits for mental health benefits.
``(4) Severe mental illness.--In the case of a group health
plan (or health insurance coverage offered in connection with
such a plan) that provides medical and surgical benefits and
mental health benefits, such plan or coverage shall not impose
any limitations on the coverage of benefits for severe
biologically-based mental illnesses unless comparable
limitations are imposed on medical and surgical benefits.'';
(2) by striking subsection (b) and inserting the following:
``(b) Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as requiring a group health plan (or health
insurance coverage offered in connection with such a
plan) to provide any mental health benefits; or
``(B) in the case of a group health plan (or health
insurance coverage offered in connection with such a
plan) that provides mental health benefits, as
affecting the terms and conditions (including cost
sharing and requirements relating to medical necessity)
relating to the amount, duration, or scope of mental
health benefits under the plan or coverage, except as
specifically provided in subsection (a) (in regard to
parity in the imposition of aggregate lifetime limits
and annual limits and limits on inpatient stays or
outpatient visits for mental health benefits).
``(2) Care, treatment, and delivery of services.--Nothing
in this part shall be construed to prohibit the provision of
care or treatment, or delivery of services, relating to mental
health services, by qualified health professionals within their
scope of practice as licensed or certified by the appropriate
State or jurisdiction.'';
(3) by striking subsection (c) and inserting the following:
``(c) Exemption.--This section shall not apply to any group health
plan (and group health insurance coverage offered in connection with a
group health plan) for any plan year of any employer who employed an
average of at least 2 but not more than 25 employees on business days
during the preceding calendar year.'';
(4) in subsection (e), by adding at the end the following:
``(5) Severe biologically-based mental illness.--The term
`severe biologically-based mental illness' means an illness
that medical science in conjunction with the Diagnostic and
Statistical Manual of Mental Disorders (DSM IV) affirms as
biologically based and severe, including schizophrenia, bipolar
disorder, major depression, obsessive compulsive and panic
disorders, posttraumatic stress disorder, autism, and other
severe and disabling mental disorders such as anorexia nervosa
and attention-deficit/hyper activity disorder.''; and
(5) by striking subsection (f).
(b) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 2000.
SEC. 4. PREEMPTION.
Nothing in the amendments made by this Act shall be construed to
preempt any provision of State law that provides protections to
enrollees that are greater than the protections provided under such
amendments. | Mental Health Equitable Treatment Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to prohibit certain employee group health plans or related insurance coverages providing both medical-surgical and health benefits from imposing, in the absence of comparable medical-surgical limits: (1) mental health inpatient and outpatient benefit limits; and (2) limits on benefits for severe biologically based mental illnesses. | {"src": "billsum_train", "title": "Mental Health Equitable Treatment Act of 1999"} | 2,182 | 87 | 0.650234 | 1.571954 | 1.46367 | 2.3625 | 25.1875 | 0.8875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Claim Prompt
Payment Act of 1997''.
SEC. 2. PROMPT PAYMENT OF PROVIDER CLAIMS.
(a) Group Health Plans.--
(1) Public health service act amendments.--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. STANDARDS RELATING TO PROMPT PAYMENT OF PROVIDER CLAIMS.
``(a) In General.--To the extent that a group health plan, or a
health insurance issuer offering group health insurance coverage, fails
to provide for the issue, mailing, or transmission of payment for a
clean claim within 30 calendar days after the date the plan or issuer
receives a clean claim, the plan or issuer shall provide for payment of
interest on the unpaid balance at the rate of interest and for the same
period specified in section 1842(c)(2)(C) of the Social Security Act
for purposes of part B of title XVIII of such Act.
``(b) Contract Limitations.--No provision of a contract between a
group health plan and a provider of health services, or between a
health insurance issuer and a provider of health services in relation
to provision of items and services in connection with group health
insurance coverage by the issuer, shall be given effect to the extent
it prevents the application of subsection (a). Such a provision may be
given effect to the extent it--
``(1) requires payment to be made more promptly than as
provided in subsection (a),
``(2) provides for a higher interest rate than that
provided under subsection (a), or
``(3) otherwise provides for greater sanctions or remedies
in the case of a failure by a plan or issuer to make prompt
payment on claims under the plan or under the health insurance
coverage involved.
``(c) Clean Claim Defined.--For purposes of this section, the term
`clean claim' means a claim that has no defect or impropriety
(including any lack of any required substantiating documentation) or
particular circumstance requiring special treatment that prevents
timely payment from being made on the claim under the group health plan
or health insurance coverage involved.''.
(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. STANDARDS RELATING TO PROMPT PAYMENT OF PROVIDER CLAIMS.
``(a) In General.--To the extent that a group health plan, or a
health insurance issuer offering group health insurance coverage, fails
to provide for the issue, mailing, or transmission of payment for a
clean claim within 30 calendar days after the date the plan or issuer
receives a clean claim, the plan or issuer shall provide for payment of
interest on the unpaid balance at the rate of interest and for the same
period specified in section 1842(c)(2)(C) of the Social Security Act
for purposes of part B of title XVIII of such Act.
``(b) Contract Limitations.--No provision of a contract between a
group health plan and a provider of health services, or between a
health insurance issuer and a provider of health services in relation
to provision of items and services in connection with group health
insurance coverage by the issuer, shall be given effect to the extent
it prevents the application of subsection (a). Such a provision may be
given effect to the extent it--
``(1) requires payment to be made more promptly than as
provided in subsection (a),
``(2) provides for a higher interest rate than that
provided under subsection (a), or
``(3) otherwise provides for greater sanctions or remedies
in the case of a failure by a plan or issuer to make prompt
payment on claims under the plan or under the health insurance
coverage involved.
``(c) Clean Claim Defined.--For purposes of this section, the term
`clean claim' means a claim that has no defect or impropriety
(including any lack of any required substantiating documentation) or
particular circumstance requiring special treatment that prevents
timely payment from being made on the claim under the group health plan
or health insurance coverage involved.''.
(B) 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''.
(C) 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. Standards relating to prompt payment of provider claims.''.
(b) Individual Health Insurance.--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. STANDARDS RELATING TO PROMPT PAYMENT OF PROVIDER CLAIMS.
``The provisions of section 2706 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.''.
(c) Effective Dates.--The amendments made by this section shall
apply with respect to payment for items and services furnished on or
after the date this is 1 year after the date of the enactment of this
Act. | Health Insurance Claim Prompt Payment Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Public Health Service Act, as amended by the Newborns' and Mothers' Health Protection Act of 1996 and the Mental Health Parity Act of 1996, to: (1) require group health plans and group and individual health insurance coverage to pay interest on clean provider claims that are not paid within 30 days; and (2) establish standards relating to prompt payment of such claims. | {"src": "billsum_train", "title": "Health Insurance Claim Prompt Payment Act of 1997"} | 1,403 | 101 | 0.619428 | 1.638353 | 1.013159 | 3.553191 | 13.12766 | 0.893617 |
SECTION 1. ESTABLISHMENT OF THE NATIONAL REMOTE TEACHER CORPS.
The Secretary of Education may establish the National Remote
Teacher Corps (in this Act referred to as the ``Corps'') to fill
teacher vacancies, reduce class sizes, and improve educational quality
in qualified remote areas.
SEC. 2. DESIGNATION AS A CORPS SITE.
(a) In General.--In order to be designated as a Corps site, a local
educational agency or charter school located in a qualified remote area
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
(b) Contents.--An application submitted under subsection (a) shall
demonstrate that the agency or charter school is--
(1) experiencing a shortage of teachers;
(2) willing to work with the Secretary to--
(A) promote teacher accountability and high
standards for teachers; and
(B) provide cooperation, support, and use of
facilities for the programs described in section 10;
(3) willing to provide mentorship and professional
development programs to teachers;
(4) willing to provide compensation in accordance with
section 8(a) for each Corps participant placed with the agency
or school under the Corps; and
(5) willing to--
(A) work with the Secretary under section 9 to
develop and implement an alternative certification
route for individuals selected to be Corps
participants; or
(B) allow such individuals to participate in an
existing alternative certification program that is in
compliance with any requirements prescribed by the
Secretary.
SEC. 3. RECRUITMENT.
The Secretary may--
(1) conduct recruiting programs for the Corps at
institutions of higher education, including institutions that
offer majors in the fields of education, science, technology,
engineering, or mathematics; and
(2) recruit current highly qualified elementary school or
secondary school teachers.
SEC. 4. APPLICATION; SELECTION CRITERIA; PRIORITY.
(a) Application.--Selection of individuals to participate in the
Corps shall be made on the basis of applications submitted to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
(b) Selection Criteria.--An individual selected to participate in
the Corps shall--
(1) have at least a bachelor's degree from an institution
of higher education; and
(2) comply with such other criteria as the Secretary may
prescribe.
(c) Priority.--In selecting individuals to participate in the
Corps, the Secretary shall give priority to individuals--
(1) with at least a master's degree in education (such as
special education or teaching English as a second language),
science, technology, engineering, or mathematics and who agree
to seek employment as science, technology, engineering,
mathematics, special education, or English as a second language
teachers in elementary schools or secondary schools; or
(2) who are highly qualified teachers with--
(A) 10 or more years of experience teaching
students in elementary school or secondary school; or
(B) equivalent qualifications and experience, as
determined by the Secretary.
SEC. 5. COMPENSATION FOR APPLICANTS.
(a) In General.--The Secretary may reimburse an individual applying
to participate in the Corps for the actual and reasonable expenses
incurred--
(1) in traveling to and from the individual's place of
residence to a Corps site at which the individual may be placed
under section 6 for the purpose of evaluating such site with
regard to being assigned at such site; and
(2) for the travel of 1 family member to accompany the
individual to such site.
(b) Maximum Amount.--The Secretary may establish a maximum total
amount that may be paid to an individual as reimbursement for such
expenses.
SEC. 6. PLACEMENT OF CORPS PARTICIPANTS.
(a) In General.--The Secretary shall place each individual selected
to be a Corps participant with a local educational agency or charter
school that is designated as a Corps site.
(b) Considerations.--In placing a Corps participant at a Corps
site, the Secretary shall take into account--
(1) the preference of the Corps participant;
(2) the preferences of local educational agencies and
charter schools that are Corps sites; and
(3) the relative need among Corps sites with respect to
teacher shortages, including--
(A) the total number of open teaching positions;
(B) the number of teachers needed for class size
reductions; and
(C) the shortage of teachers with a particular
subject-matter expertise.
SEC. 7. PARTICIPATION AGREEMENT.
(a) Participation Agreement.--
(1) In general.--An individual selected to participate in
the Corps shall be required to enter into an agreement with the
Secretary under which the individual agrees--
(A) within such time as the Secretary may require,
to obtain certification or licensing as an elementary
school teacher or secondary school teacher under
section 9 or through another procedure approved by the
Secretary; and
(B) to accept an offer of full-time employment as
an elementary school teacher or secondary school
teacher for not less than 3 school years with a local
educational agency or charter school that is a Corps
site.
(2) Waiver.--The Secretary may waive the 3-year commitment
described in paragraph (1)(B), or any other requirement under a
participation agreement described in paragraph (1), for a
participant if the Secretary determines such waiver to be
appropriate. If the Secretary provides the waiver to a
participant, the participant--
(A) shall not be considered to be in violation of
the agreement; and
(B) shall not be required to provide reimbursement
for any funds received as a Corps participant.
(b) Agreement Renewal.--Upon completion of the 3-year commitment
described in subsection (a)(1)(B), a Corp participant's participation
agreement may be renewed in 1-year increments.
SEC. 8. COMPENSATION FOR CORPS PARTICIPANTS.
(a) Salary.--A Corps participant shall be considered an employee of
the local educational agency or charter school in which the participant
is employed under the Corps and shall be compensated at the same rates,
including periodic increases, as employees who are similarly situated
in similar teaching positions and who have similar training,
experience, and skills, and such rates shall be in accordance with
applicable law.
(b) Federal Benefits.--
(1) Supplement, not supplant.--Any Federal funds a Corps
participant receives from the Secretary under this section or
section 5 shall supplement, not supplant, the compensation the
participant receives under subsection (a) of this section.
(2) Travel stipends.--The Secretary may reimburse each
Corps participant for all or part of the actual and reasonable
expenses incurred by the participant and 1 family member when
traveling, not more than once per year of participation, from
the Corps site to any location in the continental United States
and from such location back to the Corps site.
(3) Cash bonus.--
(A) In general.--The Secretary may award annual or
one-time cash bonuses to Corps participants, in amounts
determined by the Secretary.
(B) Priority.--In awarding cash bonuses under
subparagraph (A), the Secretary shall give priority to
Corps participants--
(i) with at least a master's degree in
education (such as special education or
teaching English as a second language),
science, technology, engineering, or
mathematics and who are participating in the
Corps as science, technology, engineering,
mathematics, special education, or English as a
second language teachers in elementary schools
or secondary schools; or
(ii) who are highly qualified teachers
with--
(I) 10 or more years of experience
teaching students in elementary school
or secondary school; or
(II) equivalent qualifications and
experience, as determined by the
Secretary.
(C) Treatment of cash bonus.--A cash bonus paid
under subparagraph (A) to a Corps participant shall not
be taken into account in determining the eligibility of
the participant for Federal student financial
assistance provided under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070).
SEC. 9. ALTERNATIVE CERTIFICATION ROUTE.
(a) In General.--Subject to subsection (d), the Secretary and each
Corps site shall, jointly, develop and implement a high-quality
alternative certification route for individuals selected to participate
in the Corps who are not certified teachers.
(b) Priority.--In selecting individuals described in subsection (a)
to participate in the alternative certification route, the Secretary
shall give priority to individuals--
(1) who do not have a degree in education; and
(2) who have expertise in a field in which there is a
shortage of teachers, such as mathematics, science, special
education, English language acquisition, or another high-need
subject.
(c) Access.--All classes and materials available under the
alternative certification route shall be accessible to all Corps
participants.
(d) Exception.--A Corps site that has an existing alternative
certification program that complies with any requirements prescribed by
the Secretary, may, in lieu of developing and implementing an
alternative certification route under subsection (a), allow individuals
described in subsection (a) participate in such program.
SEC. 10. PROFESSIONAL DEVELOPMENT AND DISTANCE LEARNING.
(a) Development of Program.--From the amounts appropriated to carry
out this subsection under section 12, the Secretary, in consultation
with at least 1 institution of higher education that is a research
university, as determined by the Secretary, shall develop a
professional development and distance-learning certificate or degree
program that offers academic credit through--
(1) online classes;
(2) classes through video- or tele-conference technology;
(3) independent study;
(4) in-person instruction at Corps sites; and
(5) other distance learning methodologies as the Secretary
designates,
to assist individuals located in qualified remote areas in becoming
highly qualified teachers.
(b) Grants.--
(1) In general.--From the amounts appropriated to carry out
this subsection under section 12, the Secretary shall award
grants to institutions of higher education that offer the
program developed under subsection (a) to students enrolled at
the institution.
(2) Uses of funds.--An institution of higher education that
receives a grant under this subsection shall use such grant
funds to cover--
(A) the cost of administering the program developed
under subsection (a); and
(B) to the maximum extent practicable, the total
cost of program tuition for teachers at Corps sites
enrolled in the program at the institution.
(3) Application.--
(A) In general.--To receive a grant under this
subsection, an institution of higher education shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
(B) Articulation agreements.--An application
submitted under subparagraph (A) shall include an
assurance by the institution that the institution will
include the program in its articulation agreements
between or among other institutions of higher
education.
SEC. 11. DEFINITIONS.
In this Act:
(1) In general.--Except as otherwise provided, any term
that is defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801) shall have the meaning
given such term in such section.
(2) Articulation agreement.--The term ``articulation
agreement'' has the meaning given such term in section 486A of
the Higher Education Act of 1965 (20 U.S.C. 1093a).
(3) 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).
(4) Qualified remote area.--The term ``qualified remote
area'' means an area--
(A) from which an institution of higher education
is located more than 3 hours away when using public or
private transportation (including rail or bus);
(B) to which the only method of access to the site
at least 6 months of the year is by boat or airplane;
or
(C) that is located in a United States Territory.
(5) United states territory.--The term ``United States
Territory'' means the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and Puerto Rico.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Authorizes the Secretary of Education to establish the National Remote Teacher Corps of elementary and secondary school teachers to fill vacancies, reduce class sizes, and improve educational quality in certain remote areas in the U.S. territories.
Requires Corps applicants to have at least a bachelor's degree from an institution of higher education (IHE), but gives priority to individuals who: (1) have at least a master's degree in education, science, technology, engineering, or mathematics; or (2) are highly qualified teachers with at least ten years of experience teaching elementary or secondary school students, or equivalent qualifications.
Directs the Secretary to place Corps teachers with local educational agencies or charter schools that have been designated as Corps sites.
Requires Corps teachers to agree to obtain certification or licensing as an elementary or secondary school teacher within such time as the Secretary may require and accept an offer to serve as a full-time teacher for at least three years at a Corps site.
Requires Corps sites to compensate Corps teachers as they would compensate other teachers having similar qualifications. Authorizes the Secretary to compensate Corps teachers for certain travel costs and award them annual or one-time cash bonuses.
Directs the Secretary and each Corps site to develop jointly and implement a high-quality alternative certification route for Corps teachers who are not certified teachers, unless the Corps site has an existing alternative certification program that is acceptable to the Secretary.
Requires the Secretary to: (1) develop a professional development and distance-learning certificate or degree program to assist individuals located in remote territorial areas in becoming highly qualified teachers; and (2) award grants to IHEs to implement such program and cover the program's tuition for teachers at Corps sites. | {"src": "billsum_train", "title": "To establish a National Remote Teacher Corps, and for other purposes."} | 2,669 | 354 | 0.712775 | 2.211968 | 0.963596 | 3.487952 | 7.716867 | 0.903614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced 911 Emergency
Communications Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) for the sake of our Nation's homeland security and
public safety, a universal emergency telephone number (911)
that is enhanced with the most modern and state-of-the-art
telecommunications capabilities possible should be available to
all citizens in all regions of the Nation;
(2) enhanced emergency communications require Federal,
State, and local government resources and coordination;
(3) any funds that are collected from fees imposed on
consumer bills for the purposes of funding 911 services or
enhanced 911 should go only for the purposes for which the
funds are collected; and
(4) enhanced 911 is a high national priority and it
requires Federal leadership, working in cooperation with State
and local governments and with the numerous organizations
dedicated to delivering emergency communications services.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to coordinate emergency communications systems,
including 911 services and E-911 services, at the Federal,
State, and local levels;
(2) to provide stability and resources to State and local
Public Safety Answering Points, to facilitate the prompt
deployment of enhanced 911 services throughout the United
States in a ubiquitous and reliable infrastructure; and
(3) to ensure that funds collected on telecommunications
bills for enhancing emergency 911 services are used only for
the purposes for which the funds are being collected.
SEC. 4. EMERGENCY COMMUNICATIONS COORDINATION.
(a) In General.--Part C of title I of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 901 et seq.) is amended by adding at the end the following:
``SEC. 158. COORDINATION OF EMERGENCY COMMUNICATIONS.
``(a) Establishment of Task Force.--The Assistant Secretary shall
establish an Emergency Communications Task Force to facilitate
coordination between Federal, State, and local emergency communications
systems, emergency personnel, and public safety organizations. The task
force shall include the following:
``(1) Representatives from Federal agencies, including--
``(A) the Department of Justice;
``(B) the Department of Homeland Security;
``(C) the Department of Defense;
``(D) the Department of the Interior;
``(E) the Department of Transportation; and
``(F) the Federal Communications Commission;
``(2) State and local first responder agencies;
``(3) national 911 and emergency communications leadership
organizations;
``(4) telecommunications industry representatives; and
``(5) other individuals designated by the Assistant
Secretary.
``(b) Purpose of Task Force.--The task force shall provide advice
and recommendations with respect to methods to improve coordination and
communications between agencies and organizations involved in
emergency communications, including 911 services to enhance homeland
security and public safety.
``(c) Reports.--The Assistant Secretary shall provide an annual
report to Congress by the first day of October of each year on the task
force activities and make recommendations on how Federal, State, and
local governments and emergency communications organizations can
improve coordination and communications.
``(d) Miscelleanous Provisions.--Members of the task force shall
serve without special compensation with respect to their activities on
behalf of the task force.''.
SEC. 5. GRANTS FOR E-911 ENHANCEMENT.
Part C of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 901), as amended
by section 4, is amended by adding at the end:
``SEC. 159. EMERGENCY COMMUNICATIONS GRANTS.
``(a) Matching Grants.--The Assistant Secretary, after consultation
with the Secretary of Homeland Security, shall provide grants to State
and local governments and tribal organizations (as defined in section
4(l) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(l))) for the purposes of enhancing emergency communications
services through planning, infrastructure improvements, equipment
purchases, and personnel training and acquisition.
``(b) Matching Requirement.--The Federal share of the cost of a
project eligible for a grant under this section shall not exceed 50
percent. The non-Federal share of the cost shall be provided from non-
Federal sources.
``(c) Preference.--In providing grants under subsection (a), the
Assistant Secretary shall give preference to applicants who--
``(1) coordinate their applications with the needs of their
public safety answering points; and
``(2) integrate public and commercial communications
services involved in the construction, delivery, and
improvement of emergency communications, including 911
services.
``(d) Criteria.--The Assistant Secretary shall issue regulations
within 180 days of the enactment of the Enhanced E-911 Emergency
Communications Act of 2003, after a public comment period of not less
than 60 days, prescribing the criteria for selection for grants under
this section and shall update such regulations as necessary.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Assistant Secretary not more than $500,000,000 for
each fiscal year for grants under this section.''.
SECTION 6. STATE AND LOCAL 911 PRACTICES.
(a) Certification.--Part IV of title VI of the Communications Act
of 1934 (47 U.S.C. 631 et seq.) is amended by adding at the end the
following:
``SEC. 642. DIVERSION OF 911 FUNDS.
``(a) In General.--
``(1) Assessment and audit.--The Commission shall review,
no less frequently than twice a year--
``(A) the imposition of taxes, fees, or other
charges imposed by States or political subdivisions of
States that--
``(i) appear on telecommunications services
customers' bills; and
``(ii) are designated or presented as
dedicated to improve emergency communications
services, including 911 services or enhanced
911 services, or related to emergency
communications services operations or
improvements; and
``(B) the use of revenues derived from such taxes,
fees, or charges.
``(2) Certification.--Each State shall certify annually to
the Commission that no portion of the revenues derived from
such taxes, fees, or charges have been obligated or expended
for any purpose other than the purposes for which such taxes,
fees, or charges are designated or presented.
``(b) Notification of Congress and the Public.--If the Commission
fails to receive the certification described in subsection (a)(2),
then, within 30 days after the date on which such certification was
due, the Commission shall cause to be published in the Federal
Register, and notify the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce of--
``(1) the identity of each State or political subdivision
that failed to make the certification; and
``(2) the amount of revenues obligated or expended by that
State or political subdivision for any purpose other than the
purposes for which such taxes, fees, or charges were designated
or presented.
``(c) Withholding of Funds.--Notwithstanding any other provision of
law, the Assistant Secretary shall withhold any Federal grant funds
that would otherwise be made available under section 159 of the
National Telecommunications and Information Administration Organization
Act to a State or political subdivision identified by the Commission
under subsection (b)(1) in an amount not to exceed twice the amount
described in subsection (b)(2). In lieu of withholding grant funds
under this subsection, the Secretary may require a State or political
subdivision to repay to the Secretary the appropriate amount of funds
already disbursed to that State or political subdivision.''. | Enhanced 911 Emergency Communications Act of 2003 - Amends the National Telecommunications and Information Administration Organization Act to direct the Assistant Secretary for Communications and Information of the Department of Commerce to establish the Emergency Communications Task Force to facilitate coordination between Federal, State, and local emergency communications systems, emergency personnel, and public safety organizations. Directs the Task Force to provide advice and recommendations with respect to methods to improve coordination and communications between agencies and organizations involved in emergency communications, including 911 services to enhance homeland security and public safety. Requires annual reports from the Assistant Secretary to Congress on Task Force activities.
Directs the Assistant Secretary to provide grants to State and local governments and tribal organizations for enhancing emergency communications services through planning, infrastructure improvements, equipment purchases, and personnel training and acquisition. Establishes a 50 percent matching funds requirement. Authorizes appropriations.
Amends the Communications Act of 1934 to direct the Federal Communications Commission to review at least twice a year: (1) the State and local taxes, fees, or other charges appearing on telecommunications customers' bills that are designated for emergency communications improvements; and (2) the use of derived revenues. Requires each State to certify, annually, that no part of derived revenues is being used for a purpose for which taxes, fees, or charges are not designated or presented. Requires the Commission to publish in the Federal Register and notify specified congressional committees of the identity of each State or political subdivision that has failed to make such certification and the revenues being used for such other purposes. Authorizes the withholding of grant funds from States that do not comply. | {"src": "billsum_train", "title": "A bill to improve, enhance, and promote the Nation's homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 services, to further upgrade Public Safety Answering Point capabilities and related functions in receiving E-911 calls, and to support the construction and operation of a ubiquitous and reliable citizen activated system and other purposes."} | 1,694 | 339 | 0.653491 | 1.855433 | 0.780208 | 3.822951 | 5.222951 | 0.931148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retired Pay Restoration Act of
2005''.
SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES
WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--
(1) Repeal of 50 percent requirement.--Section 1414 of
title 10, United States Code, is amended by striking paragraph
(2) of subsection (a).
(2) Computation.--Paragraph (1) of subsection (c) of such
section is amended by adding at the end the following new
subparagraph:
``(G) For a month for which the retiree receives
veterans' disability compensation for a disability
rated as 40 percent or less or has a service-connected
disability rated as zero percent, $0.''.
(b) Repeal of Phase-in of Concurrent Receipt for Retirees With
Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of
such section is amended by striking ``except that'' and all that
follows and inserting ``except--
``(A) in the case of a qualified retiree receiving
veterans' disability compensation for a disability
rated as 100 percent, payment of retired pay to such
veteran is subject to subsection (c) only during the
period beginning on January 1, 2004, and ending on
December 31, 2004; and
``(B) in the case of a qualified retiree receiving
veterans' disability compensation for a disability
rated as total by reason of unemployability, payment of
retired pay to such veteran is subject to subsection
(c) only during the period beginning on January 1,
2004, and ending on December 31, 2005.''.
(c) Clerical Amendments.--
(1) The heading for section 1414 of such title is amended
to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation.''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006, and shall apply to payments for months
beginning on or after that date.
SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
COMPENSATION AND CONCURRENT RECEIPT.
(a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a
of title 10, United States Code, is amended by striking ``entitled to
retired pay who--'' and inserting ``who--
``(1) is entitled to retired pay, other than a member
retired under chapter 61 of this title with less than 20 years
of service creditable under section 1405 of this title and less
than 20 years of service computed under section 12732 of this
title; and
``(2) has a combat-related disability.''.
(b) Amendments to Standardize Similar Provisions.--
(1) Clerical amendment.--The heading for paragraph (3) of
section 1413a(b) of such title is amended by striking ``rules''
and inserting ``rule''.
(2) Qualified retirees.--Subsection (a) of section 1414 of
such title, as amended by section 2(a), is amended--
(A) by striking ``a member or'' and all that
follows through ``retiree')'' and inserting ``a
qualified retiree''; and
(B) by adding at the end the following new
paragraph:
``(2) Qualified retirees.--For purposes of this
section, a qualified retiree, with respect to any
month, is a member or former member of the uniformed
services who--
``(A) is entitled to retired pay, other
than in the case of a member retired under
chapter 61 of this title with less than 20
years of service creditable under section 1405
of this title and less than 20 years of service
computed under section 12732 of this title; and
``(B) is also entitled for that month to
veterans' disability compensation.''.
(3) Disability retirees.--Subsection (b) of section 1414 of
such title is amended--
(A) by striking ``Special Rules'' in the subsection
heading and all that follows through ``is subject to''
and inserting ``Special Rule for Chapter 61 Disability
Retirees.--In the case of a qualified retiree who is
retired under chapter 61 of this title, the retired pay
of the member is subject to''; and
(B) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006, and shall apply to payments for months
beginning on or after that date. | Retired Pay Restoration Act of 2005 - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more).
Makes the 2004 through 2013 phase-in limitations for the concurrent receipt of such pay for qualified retirees with service-connected disabilities rated as total applicable: (1) only during 2004 for retirees with a 100 percent disability; and (2) only during 2004 and 2005 for retirees with a total disability by reason of unemployability.
Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation."} | 1,203 | 166 | 0.67809 | 1.777808 | 0.872187 | 2.248322 | 7 | 0.892617 |
SECTION 1. COMMUNITY COLLEGE CAPACITY-BUILDING GRANT PROGRAM.
Title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et
seq.) is amended--
(1) by redesignating part F as part G; and
(2) by inserting after part E the following:
``PART F--COMMUNITY COLLEGES
``SEC. 371. COMMUNITY COLLEGE CAPACITY-BUILDING GRANT PROGRAM.
``(a) Program Authorized.--
``(1) In general.--From amounts appropriated under section
399(a)(6) for a fiscal year, the Secretary shall award grants
to eligible entities, on a competitive basis, for the purpose
of building capacity at community colleges to meet the
increased demand for community colleges while maintaining the
affordable tuition rates and the open-door policy that are the
hallmarks of the community college system.
``(2) Duration.--Grants awarded under this section shall be
for a period not to exceed 3 years.
``(b) Definitions.--In this section:
``(1) Community college.--The term `community college'
means a public institution of higher education (as defined in
section 101(a)) whose highest degree awarded is predominantly
the associate degree.
``(2) Eligible entity.--The term `eligible entity' means a
community college, or a consortium of 2 or more community
colleges, that demonstrates capacity challenges at not less
than 1 of the community colleges in the eligible entity, such
as--
``(A) an identified workforce shortage in the
community served by the community college that will be
addressed by increased enrollment at the community
college;
``(B) a wait list for a class or for a degree or a
certificate program;
``(C) a faculty shortage;
``(D) a significant enrollment growth;
``(E) a significant projected enrollment growth;
``(F) an increase in the student-faculty ratio;
``(G) a shortage of laboratory space or equipment;
``(H) a shortage of computer equipment and
technology;
``(I) out-of-date computer equipment and
technology;
``(J) a decrease in State or county funding or a
related budget shortfall; or
``(K) another demonstrated capacity shortfall.
``(c) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary
may reasonably require by regulation.
``(d) Award Basis.--In awarding grants under subsection (a), the
Secretary shall take into consideration--
``(1) the relative need for assistance under this section
of the community colleges;
``(2) the probable impact and overall quality of the
proposed activities on the capacity problem of the community
college;
``(3) providing an equitable geographic distribution of
grant funds under this section throughout the United States and
among urban, suburban, and rural areas of the United States;
and
``(4) providing an equitable distribution among small,
medium, and large community colleges.
``(e) Use of Funds.--Grant funds provided under subsection (a) may
be used for activities that expand community college capacity,
including--
``(1) the construction, maintenance, renovation, and
improvement of classroom, library, laboratory, and other
instructional facilities;
``(2) the purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional research purposes;
``(3) the development, improvement, or expansion of
technology;
``(4) preparation and professional development of faculty;
``(5) recruitment, hiring, and retention of faculty;
``(6) curriculum development and academic instruction;
``(7) the purchase of library books, periodicals, and other
educational materials, including telecommunications program
material;
``(8) the joint use of facilities, such as laboratories and
libraries; or
``(9) the development of partnerships with local businesses
to increase community college capacity.
``SEC. 372. APPLICABILITY.
``The provisions of part G (other than section 399) shall not apply
to this part.''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 399(a) of the Higher Education Act of 1965 (20 U.S.C.
1068h(a)) is amended by adding at the end the following:
``(6) Part f.--There are authorized to be appropriated to
carry out part F, $500,000,000 for fiscal year 2006, and such
sums as may be necessary for each of the 4 succeeding fiscal
years.''. | Amends the Higher Education Act of 1965 to establish a community college capacity-building grant program.
Directs the Secretary of Education to award such grants, on a competitive basis, to individual community colleges or consortia of community colleges to meet capacity challenges. | {"src": "billsum_train", "title": "A bill to build capacity at community colleges in order to meet increased demand for community college education while maintaining the affordable tuition rates and the open-door policy that are the hallmarks of the community college system."} | 1,030 | 56 | 0.576043 | 1.232112 | 0.942544 | 3.6875 | 20.354167 | 0.895833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Living Independently for Extended
Time Act'' or the ``LIFETIME Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number of Americans over age 65 or living with a
disability is growing, and over 70 percent of these individuals
will need some form of long-term services and supports, with a
majority of individuals preferring home and community-based
care.
(2) This is a major demographic shift and provides an
opportunity for innovative solutions in long-term services and
supports.
(3) Developing programs to facilitate high-quality
independent community-based living, create and improve jobs,
and address and improve upon gaps in existing systems will be
essential to providing necessary services and supports to these
individuals and families.
(4) It is imperative that Congress act to address the
looming long-term services and supports crisis.
SEC. 3. PURPOSE.
It is the purpose of this Act to establish a grant program to
provide incentives to States for the development of solutions to the
increased need of individuals for long-term services and supports and
to increase State support and systems in long-term care.
SEC. 4. ESTABLISHMENT OF LONG-TERM SERVICES AND SUPPORTS INNOVATION
GRANT PROGRAM.
(a) State Planning Grants.--
(1) In general.--Not later than 90 days after the date on
which grant announcements are made under subsection (d), the
Secretary of Health and Human Services (referred to in this Act
as the ``Secretary'') shall award grants to eligible States to
enable such States to develop innovative programs to meet the
unique need for long-term services and supports in the State.
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), a State shall--
(A) submit to the Secretary an application, at such
time, in such manner, and containing such information
as the Secretary may require;
(B) demonstrate to the Secretary that the State
will work in conjunction with both public and private
long-term services and supports stakeholder groups
described in paragraph (3) to develop a coordinated
statewide long-term services and supports program for
the State that is not duplicative of other programs
providing such services and supports in the State; and
(C) provide assurances that the State will, not
later than 1 year after the date on which the grant is
awarded, submit to the Secretary a comprehensive plan
for the implementation of innovative long-term services
and supports program in the State, which shall include
the utilization of existing State or local frameworks.
(3) Stakeholder groups.--Stakeholder groups described in
this paragraph shall be groups that--
(A) represent the interests of--
(i) consumers of long-term services and
supports and related insurance products, as
well as their representatives;
(ii) older adults;
(iii) individuals with cognitive or
functional limitations;
(iv) family caregivers for individuals
described in clause (i), (ii), or (iii);
(v) the health care workforce who directly
provide long-term services and supports;
(vi) private long-term services and
supports insurance providers;
(vii) employers;
(viii) State insurance departments;
(ix) area agency on aging or State agency
on aging;
(x) direct care workforce; and
(xi) State Medicaid agencies;
(B) have demonstrated experience in dealing with
issues related to long-term services and supports,
health care policy, and public and private insurance;
and
(C) represent the health care interests and needs
of a variety of geographic areas and demographic
groups.
(b) State Implementation Grants.--
(1) In general.--The Secretary shall award grants to
eligible States to enable such States to implement the
comprehensive plans submitted under subsection (a)(2)(C) to
meet the long-term services and supports needs of such States.
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), a State shall--
(A) submit to the Secretary an application, at such
time, in such manner, and containing such information
as the Secretary may require;
(B) have submitted a comprehensive plan under
subsection (a)(2)(C) that has been approved by the
Secretary or, if the State has not applied for a grant
under subsection (a), submit a plan (that is similar to
the plans required under subsection (a)(2)(C)) to the
Secretary for the implementation of new, or continued
operation of existing, long-term services and supports
activities;
(C) provide assurances that the State will provide
long-term services and supports under the grant to
individuals who demonstrate a need for such services
regardless of age;
(D) provide assurances that the State will provide
matching funds in accordance with paragraph (3); and
(E) submit to the Secretary progress and outcomes
reports containing uniform data as determined
appropriate by the Secretary.
(3) Matching requirement.--To be eligible to receive a
grant under paragraph (1), a State shall agree, with respect to
the costs to be incurred by the State in implementing the
comprehensive plan under subsection (a)(2)(C), to make
available non-Federal contributions (in cash or in-kind) toward
such costs in an amount equal to not less than $1 for each $4
of Federal funds provided under the grant. Such contributions
may be made directly or through donations from public or
private entities.
(4) Preference.--In awarding grants under paragraph (1),
the Secretary shall give preference to States that
demonstrate--
(A) the activities to be carried out under the
grant will enhances access to quality, affordable long-
term services and supports for consumers; and
(B) the sustainability and scalability of the
program to be carried out under the grant beyond the
grant period.
(5) Limitation.--A State shall not use in excess of 5
percent of the amount awarded under a grant under paragraph (1)
for the administrative expenses associated with carrying out
activities under the grant.
(c) Technical Assistance and Outcomes Data.--The Secretary may use
not to exceed 5 percent of the amount appropriated for each fiscal year
under subsection (f) to--
(1) provide technical assistance to States in carrying out
programs under this section; and
(2) collect and disseminate data, including from the
reports submitted by the States under subsection (b)(2)(D), on
improvements to long-term services and supports provided in the
States and the effect that grants under this section had on the
availability of such services and supports.
(d) Grant Announcements.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall announce the opportunity to
apply for the initial series of grants under this section. Not later
than 2 years after such date, the Secretary shall announce the
opportunity to apply for the remaining grants under this section.
(e) Report.--Not later than 1 year after the date on which grants
are awarded under subsection (b), and annually thereafter, the
Secretary shall submit to Congress a report on the activities carried
out under grants under this section, including a description of
improvements to long-term services and supports provided in the States
and the effect that grants under this section had on the availability
of such services and supports.
(f) Appropriations.--
(1) In general.--There is authorized to be appropriated--
(A) to award grants under subsection (a),
$50,000,000, to be used during the first fiscal year
for which such grants are awarded; and
(B) to award grants under subsection (b),
$250,000,000, to be available until expended.
(2) Additional amounts.--In addition to amounts
appropriated under paragraph (1)(B) for a fiscal year, the
Secretary may use any amounts appropriated under paragraph
(1)(A) and remaining unexpended after fiscal year 2015 to award
grants under subsection (b).
(g) Definition.--In this Act, the term ``long-term services and
supports'' means the services and supports described in section 321(a)
of the Older Americans Act of (42 U.S.C. 3030d(a) et seq.). | Living Independently for Extended Time Act or the LIFETIME Act This bill requires the Department of Health and Human Services to award grants to enable eligible states to develop innovative programs to meet the unique need for long-term services and supports in the state. | {"src": "billsum_train", "title": "LIFETIME Act"} | 1,755 | 52 | 0.612556 | 1.527857 | 0.989485 | 5.875 | 35.833333 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Utilization, Investment,
and Local Development Act of 2013'' or the ``BUILD Act''.
SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.
Section 104(k)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is
amended--
(1) in subparagraph (G), by striking ``or'' after the
semicolon;
(2) in subparagraph (H), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(I) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code;
``(J) a limited liability corporation in which all
managing members are organizations described in
subparagraph (I) or limited liability corporations
whose sole members are organizations described in
subparagraph (I);
``(K) a limited partnership in which all general
partners are organizations described in subparagraph
(I) or limited liability corporations whose sole
members are organizations described in subparagraph
(I); or
``(L) a qualified community development entity (as
defined in section 45D(c)(1) of the Internal Revenue
Code of 1986).''.
SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended--
(1) by redesignating paragraphs (4) through (9) and (10)
through (12) as paragraphs (5) through (10) and (13) through
(15), respectively;
(2) in paragraph (3)(A), by striking ``subject to
paragraphs (4) and (5)'' and inserting ``subject to paragraphs
(5) and (6)''; and
(3) by inserting after paragraph (3) the following:
``(4) Multipurpose brownfields grants.--
``(A) In general.--Subject to subparagraph (D) and
paragraphs (5) and (6), the Administrator shall
establish a program to provide multipurpose grants to
an eligible entity based on the considerations under
paragraph (3)(C), to carry out inventory,
characterization, assessment, planning, or remediation
activities at 1 or more brownfield sites in a proposed
area.
``(B) Grant amounts.--
``(i) Individual grant amounts.--Each grant
awarded under this paragraph shall not exceed
$950,000.
``(ii) Cumulative grant amounts.--The total
amount of grants awarded for each fiscal year
under this paragraph shall not exceed 15
percent of the funds made available for the
fiscal year to carry out this subsection.
``(C) Criteria.--In awarding a grant under this
paragraph, the Administrator shall consider the extent
to which an eligible entity is able--
``(i) to provide an overall plan for
revitalization of the 1 or more brownfield
sites in the proposed area in which the
multipurpose grant will be used;
``(ii) to demonstrate a capacity to conduct
the range of eligible activities that will be
funded by the multipurpose grant; and
``(iii) to demonstrate that a multipurpose
grant will meet the needs of the 1 or more
brownfield sites in the proposed area.
``(D) Condition.--As a condition of receiving a
grant under this paragraph, each eligible entity shall
expend the full amount of the grant not later than the
date that is 3 years after the date on which the grant
is awarded to the eligible entity unless the
Administrator, in the discretion of the Administrator,
provides an extension.''.
SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.
Section 104(k)(2) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is
amended by adding at the end the following:
``(C) Exemption for certain publicly owned
brownfield sites.--Notwithstanding any other provision
of law, an eligible entity that is a governmental
entity may receive a grant under this paragraph for
property acquired by that governmental entity prior to
January 11, 2002, even if the governmental entity does
not qualify as a bona fide prospective purchaser (as
that term is defined in section 101(40)).''.
SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS.
Section 104(k)(3)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to
be remediated'' and inserting ``$500,000 for each site to be
remediated, which limit may be waived by the Administrator, but not to
exceed a total of $650,000 for each site, based on the anticipated
level of contamination, size, or ownership status of the site''.
SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.
Paragraph (5) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 3(1)) is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by striking subclause (III); and
(ii) by redesignating subclauses (IV) and
(V) as subclauses (III) and (IV), respectively;
(B) by striking clause (ii);
(C) by redesignating clause (iii) as clause (ii);
and
(D) in clause (ii) (as redesignated by subparagraph
(C)), by striking ``Notwithstanding clause (i)(IV)''
and inserting ``Notwithstanding clause (i)(III)''; and
(2) by adding at the end the following:
``(E) Administrative costs.--
``(i) In general.--An eligible entity may
use up to 8 percent of the amounts made
available under a grant or loan under this
subsection for administrative costs.
``(ii) Restriction.--For purposes of clause
(i), the term `administrative costs' does not
include--
``(I) investigation and
identification of the extent of
contamination;
``(II) design and performance of a
response action; or
``(III) monitoring of a natural
resource.''.
SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE.
Paragraph (7)(A) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(i) In general.--The Administrator''; and
(2) by inserting after clause (i) (as added by paragraph
(1)) the following:
``(ii) Small community recipients.--In
carrying out the program under clause (i), the
Administrator shall give priority to small
communities, Indian tribes, rural areas, or
low-income areas with a population of not more
than 15,000 individuals, as determined by the
latest available decennial census.''.
SEC. 8. WATERFRONT BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended
by inserting after paragraph (10) (as redesignated by section 3(1)) the
following:
``(11) Waterfront brownfield sites.--
``(A) Definition of waterfront brownfield site.--In
this paragraph, the term `waterfront brownfield site'
means a brownfield site that is adjacent to a body of
water or a federally designated floodplain.
``(B) Requirements.--In providing grants under this
subsection, the Administrator shall--
``(i) take into consideration whether the
brownfield site to be served by the grant is a
waterfront brownfield site; and
``(ii) give consideration to waterfront
brownfield sites.''.
SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as amended
by section 8) is amended by inserting after paragraph (11) the
following:
``(12) Clean energy projects at brownfield sites.--
``(A) Definition of clean energy project.--In this
paragraph, the term `clean energy project' means--
``(i) a facility that generates renewable
electricity from wind, solar, or geothermal
energy; and
``(ii) any energy efficiency improvement
project at a facility, including combined heat
and power and district energy.
``(B) Establishment.--The Administrator shall
establish a program to provide grants--
``(i) to eligible entities to carry out
inventory, characterization, assessment,
planning, feasibility analysis, design, or
remediation activities to locate a clean energy
project at 1 or more brownfield sites; and
``(ii) to capitalize a revolving loan fund
for the purposes described in clause (i).
``(C) Maximum amount.--A grant under this paragraph
shall not exceed $500,000.''.
SEC. 10. TARGETED FUNDING FOR STATES.
Paragraph (15) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 3(1)) is amended by adding at the end the
following:
``(C) Targeted funding.--Of the amounts made
available under subparagraph (A) for a fiscal year, the
Administrator may use not more than $2,000,000 to
provide grants to States for purposes authorized under
section 128(a), subject to the condition that each
State that receives a grant under this subparagraph
shall have used at least 50 percent of the amounts made
available to that State in the previous fiscal year to
carry out assessment and remediation activities under
section 128(a).''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Brownfields Revitalization Funding.--Paragraph (15)(A) of
section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as
redesignated by section 3(1)) is amended by striking ``2006'' and
inserting ``2016''.
(b) State Response Programs.--Section 128(a)(3) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and
inserting ``2016''. | Brownfields Utilization, Investment, and Local Development Act of 2013 or the BUILD Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to include among entities eligible for brownfields revitalization funding: (1) a tax-exempt charitable organization, (2) a limited liability corporation in which all managing members are tax-exempt charitable organizations or limited liability corporations whose sole members are such organizations, (3) a limited partnership in which all general partners are tax-exempt charitable organizations or limited liability corporations whose sole members are such organizations, or (4) a qualified community development entity. Requires the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites in a proposed area. Revises the brownfield site characterization and assessment grant program to authorize an eligible entity that is a governmental entity to receive a grant for property acquired by such governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser as defined under such Act. Increases the maximum amount the President may give in grants and loans to eligible entities for brownfield remediation. Repeals prohibitions on giving grants and loans for brownfields revitalization for administrative costs and the cost of complying with federal law. Excludes from the meaning of "administrative costs" costs for investigating and identifying the extent of the contamination, designing and performing a response action, or monitoring a natural resource. Requires the Administrator to give priority to small communities, Indian tribes, rural areas, or low-income areas with a population of not more than 15,000 in providing assistance to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation. Requires the Administrator, in giving grants for brownfields revitalization, to give consideration to waterfront brownfield sites. Requires the Administrator to establish a program to provide grants to: (1) carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at brownfield sites; and (2) capitalize a revolving loan fund for such purposes. Authorizes the Administrator to provide grants for state response programs. Extends the authorizations of appropriations for brownfields revitalization funding and state response programs. | {"src": "billsum_train", "title": "BUILD Act"} | 2,588 | 540 | 0.517554 | 1.651205 | 0.837966 | 3.487696 | 4.885906 | 0.879195 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Consumer Freedom
Protection Act''.
(b) References.--Each amendment to or repeal of a section or other
provision of law that is made by this Act shall be considered to be an
amendment to or repeal of, respectively, that provision of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), unless another
public law is specified as being the subject of the amendment or
repeal.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Food and Drug Administration has only authorized
three health claims for dietary supplements since enactment of
the Nutrition Labeling and Education Act of 1990 despite the
publication of tens of thousands of peer reviewed scientific
journal articles on the effect of nutrients on disease and
health-related conditions.
(2) Scientific information on the nutrient-disease
relationship contained in peer reviewed scientific journals is
indispensable to the exercise of informed choice in the food
and dietary supplement marketplaces.
(3) The Food and Drug Administration's failure to authorize
health claims has violated the first amendment rights of health
claimants and American consumers alike and is injurious to
public health because it denies consumers access to information
necessary to exercise informed choice at the point of sale.
(4) Contrary to the will of Congress, on repeated occasions
the Food and Drug Administration has denied and suppressed
health claims that would otherwise convey to consumers
important information on the association between nutrients and
diseases.
(5) Contrary to the will of Congress, the Food and Drug
Administration's treatment of dietary supplements and its
implementation of the Nutrition Labeling and Education Act of
1990 and the Food and Drug Administration Modernization Act of
1997 health claims provisions has hindered, rather than
fostered, the dissemination of truthful and nonmisleading
information about the nutrient-disease relationship.
(6) The Food and Drug Administration has failed to
implement faithfully and fully the first amendment mandate in
Pearson v. Shalala, 164 F.3d 650 (D.C. Cir. 1999), and
continues to suppress, rather than authorize, health claims.
SEC. 3. FOOD AND DIETARY SUPPLEMENT CLAIMS.
(a) Conforming Amendments.--Section 403 (21 U.S.C. 343) is
amended--
(1) in paragraph (r)(1), by inserting ``or a dietary
supplement'' after ``food'' but before ``intended'' and by
inserting ``or dietary supplement'' after ``food'' but before
``which'';
(2) in paragraph (r)(1)(A), by inserting ``or dietary
supplement'' after ``food'';
(3) in paragraph (r)(1)(B), by inserting ``or dietary
supplement'' after ``food'' and by adding at the end of the
paragraph the following: ``For purposes of this subparagraph, a
claim that characterizes such a relationship includes claims to
diagnose, cure, mitigate, treat, or prevent any disease or
health-related condition.'';
(4) in paragraph (r)(2)(G), by inserting ``or dietary
supplement'' after ``food'';
(5) in paragraph (r)(2)(G)(iii), by inserting ``or dietary
supplement'' after ``food'';
(6) by striking subclause (iv) of subparagraph (r)(2)(G);
(7) by striking paragraph (r)(2)(H);
(8) in paragraph (r)(3)(A)(ii), by inserting ``or dietary
supplement'' after ``food'' but before ``for'';
(9) in paragraph (r)(3)(C), by inserting ``or dietary
supplement'' after ``food'';
(10) in paragraph (r)(3)(C)(iii), by inserting ``or dietary
supplement'' after ``food'';
(11) by striking subclause (iv) of paragraph (r)(3)(C);
(12) by striking subclause (A)(i) of paragraph (r)(4);
(13) by striking subclause (D) of paragraph (r)(5); and
(14) by striking subparagraph (7) of paragraph (r).
(b) Health Claims in General.--Section 403 (21 U.S.C. 343) is
amended in paragraph (r)(3) by amending clause (B) to read as follows:
``(B)(i) The Secretary shall promulgate no later than 100 days
after the Secretary receives a claim of the type described in
subparagraph (1)(B) regulations authorizing the claim in a form that
accurately reflects the degree of scientific evidence supporting the
claim unless the Secretary determines based on all publicly available
scientific evidence that no scientific evidence supports the claim and
that the claim is inherently misleading. The Secretary may require that
the claim be accompanied by a disclaimer disclosing the absence of
conclusive evidence, the presence of conflicting evidence, or such
other information about the claim as is needed to avoid a misleading
connotation.
``(ii) If within 100 days after the Secretary receives a claim, the
Secretary promulgates neither regulations authorizing the claim nor a
final decision denying the claim, the claim shall be deemed authorized
and shall be accompanied by the following disclaimer until such time as
the Secretary complies with the requirements of subparagraph (3)(B)(i):
`The Food and Drug Administration has not evaluated the scientific
evidence concerning this claim.'.
``(iii) If the Secretary denies a claim of the type described in
subparagraph (1)(B) and the claimant informs the Secretary in writing
that the claimant objects to the Secretary's denial, no later than 30
days after the Secretary receives the objection, the Secretary shall
file a petition to review the order with the United States Court of
Appeals for the D.C. Circuit, naming the claimant as a defendant and
seeking a declaratory judgment on whether the Secretary's denial
complies with subparagraph (3)(B)(i) and the first amendment to the
United States Constitution. For purposes of subparagraph (3)(B) the
United States Court of Appeals for the D.C. Circuit has exclusive
jurisdiction and venue. If the United States Court of Appeals for the
D.C. Circuit declares the Secretary's denial invalid, the Court shall
order the Secretary to pay the claimant from funds appropriated by
Congress to the Food and Drug Administration no later than 60 days
after the Court's decision is filed with the Clerk of the Court the
actual costs and fees incurred by the claimant for participating in the
proceedings before the United States Court of Appeals, exclusive of all
other recompense to which the claimant would otherwise be entitled
under Federal law.''.
(c) Health Claims Based on Government Statements.--Section 403 (21
U.S.C. 343) is amended by striking subclauses (i) and (ii) of paragraph
(r)(3)(C) and inserting the following:
``(i) the claim is a verbatim quotation of a statement
published by a scientific body of the United States Government
about the relationship between a nutrient, including a dietary
supplement, and a disease or health-related condition and
includes a citation to the author, the title of the
publication, the date of publication, and the page on which the
statement appears, provided that the claimant submits to the
Secretary a written notice of the exact words used in the claim
and of the citation at least 30 days before first introducing
the food or dietary supplement into interstate commerce with
the claim; or
``(ii) the claim paraphrases in a nonmisleading manner a
statement published by a scientific body of the United States
Government about the relationship between a nutrient and a
disease or health-related condition and includes a citation to
the author, the title of the publication, the date of
publication, and the page on which the statement appears,
provided that the claimant submits to the Secretary a written
notice of the exact words used in the claim and of the citation
at least 30 days before first introducing the food or dietary
supplement into interstate commerce with the claim; and''.
(d) Disclaimers for Health Claims Based on Government Statements.--
Section 403 (21 U.S.C. 343) is amended by adding at the end of
subclause (iii) of paragraph (r)(3)(C) the following: ``The Secretary
may not deny authorization of a claim made in compliance with the
provisions of subclause (i) or (ii) of clause (C) but may require that
the claim be accompanied by a disclaimer disclosing the absence of
conclusive evidence, the presence of conflicting evidence, or such
other information about the claim as is needed to avoid a misleading
connotation. The Secretary shall authorize use of the claim no later
than 100 days after the date it is submitted to the Secretary. If the
Secretary does not act to authorize the claim within 100 days after it
is submitted to the Secretary, the claim shall be considered
authorized.''.
(e) Nutrient Content Claims Based on Government Statements.--
Section 403 (21 U.S.C. 343) is amended by striking subclauses (i) and
(ii) of paragraph (r)(2)(G) and inserting the following:
``(i) the claim is a verbatim quotation of a statement published by
a scientific body of the United States Government which identifies the
nutrient level to which the claim refers and includes a citation to the
author, the title of the publication, the date of publication, and the
page on which the statement appears, provided that the claimant submits
to the Secretary a written notice of the exact words used in the claim
and of the citation at least 30 days before first introducing the food
or dietary supplement into interstate commerce with the claim; or
``(ii) the claim paraphrases in a nonmisleading manner a statement
published by a scientific body of the United States Government which
identifies the nutrient level to which the claim refers and includes a
citation to the author, the title of the publication, the date of
publication, and the page on which the statement appears, provided that
the claimant submits to the Secretary a written notice of the exact
words used in the claim and of the citation at least 30 days before
first introducing the food or dietary supplement into interstate
commerce with the claim; and''.
(f) Disclaimers for Nutrient Content Claims Based on Government
Statements.--Section 403 (21 U.S.C. 343) is amended by adding at the
end of subclause (iii) of paragraph (r)(2)(G) the following: ``The
Secretary may not deny authorization of a claim made in compliance with
the provisions of subparagraph (G)(i) or (G)(ii) but may require that
the claim be accompanied by a disclaimer containing such information
about the claim as is needed to avoid a misleading connotation.''.
(g) Definition of Published Statement.--Section 403 (21 U.S.C. 343)
is amended by adding at the end of paragraph (r)(2)(G) the following:
``For purposes of this clause, a statement published by a scientific
body of the United States is any statement contained in a document
available to the public published by any one or more United States
Government offices, departments, commissions, agencies, institutes,
centers, divisions, academies, or other subdivisions thereof.''.
SEC. 4. STATEMENTS OF NUTRITIONAL SUPPORT.
Section 403 (21 U.S.C. 343) is amended by striking the last
sentence of paragraph (r)(6).
SEC. 5. WITHDRAWAL OF ORDERS AND RULES; AUTHORIZATION OF SPECIFIC
CLAIMS.
(a) The health claims references in Pearson v. Shalala, 164 F.3d
650 (D.C. Cir. 1999) are approved. No later than 30 days after the
effective date of this Act, the Secretary of Health and Human Services
shall publish a notice in the Federal Register granting each of the
health claims referenced in that decision with the following
disclaimer: ``The Food and Drug Administration has determined that the
evidence supporting this claim is inconclusive.''.
(b) The interim final rules concerning health claims based on
authoritative statement published in the Federal Register of June 22,
1998 (63 Fed. Reg. 34084; 63 Fed. Reg. 34092; 63 Fed. Reg. 34097; 63
Fed. Reg. 34101; 63 Fed. Reg. 34104; 63 Fed. Reg. 34107; 63 Fed. Reg.
34110; 63 Fed. Reg. 34112; and 63 Fed. Reg. 34115) are null and void
and of no further force or effect. The health claims referenced therein
are approved. No later than 30 days after the effective date of this
Act the Secretary of Health and Human Services shall publish a notice
in the Federal Register revoking the interim final rules, declaring
them null and void and of no further force or effect, and granting each
of the health claims referenced therein with the following disclaimer:
``The Food and Drug Administration has determined that the evidence
supporting this claim is inconclusive.''.
(c) All orders issued by the Food and Drug Administration after
April 20, 1999, but before the effective date of this Act, that have
denied health claims are hereby null and void. The Food and Drug
Administration shall reevaluate those claims in accordance with the
provisions of this Act and the amendments made by this Act. | Requires the Secretary of Health and Human Services, within 100 days of receiving such a claim, to promulgate regulations authorizing such claims in a form that accurately reflects the degree of scientific evidence supporting the claim, unless the Secretary determines that no scientific evidence supports such claim and that the claim is inherently misleading. Allows judicial review of claims denied by the Secretary. Allows on such labeling statements made by a scientific body of the U.S. Government about the relationship between a nutrient and a health-related condition. Prohibits the Secretary from denying claims based on such statements.
Approves the health claims references in the decision of the U.S. Court of Appeals for the District of Columbia in Pearson v. Shalala. Directs the Secretary to publish a notice granting each of such claims with the following disclaimer: "The Food and Drug Administration has determined that the evidence supporting this claim is inconclusive." Makes null and void: (1) the interim final rules concerning health claims based on the authoritative statement published in the Federal Register of June 22, 1998; and (2) all orders issued by the FDA after April 20, 1999, and before this Act, that have denied health claims. Requires reevaluation of claims included under such orders. | {"src": "billsum_train", "title": "Consumer Freedom Protection Act"} | 3,129 | 286 | 0.496365 | 1.601262 | 0.645286 | 4.39485 | 11.497854 | 0.918455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Technology Skills Act of
2014''.
SEC. 2. ESTABLISHMENT OF FUND.
(a) Establishment.--There is established in the Department of Labor
a fund to be known as the Information Technology Certification Fund
(referred to in this Act as the ``Fund'').
(b) Deposits.--The Fund shall consist of amounts donated by any
person, partnership, or corporation, including nonprofit organizations
and foundations that pledges to continue to donate a consistent amount
for a minimum of three consecutive years.
(c) Administration and Use of Funds.--The Fund shall be
administered by the Secretary of Labor and used to carry out the grant
program established under section 4.
SEC. 3. EMPLOYERS HIRING INDIVIDUALS COMPLETING THE INFORMATION
TECHNOLOGY CERTIFICATION PROGRAM ELIGIBLE FOR WORK
OPPORTUNITY CREDIT.
(a) In General.--Section 51(d)(1) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of subparagraph (H), by
the striking the period at the end of subparagraph (I) and inserting
``, or'', and by adding at the end the following new subparagraph:
``(J) a certified information technology
certification program graduate.''.
(b) Certified Information Technology Certification Program
Graduate.--Section 51(d) is amended by redesignating paragraphs (11),
(12), (13), and (14) as paragraphs (12), (13), (14), and (15),
respectively, and by inserting after paragraph (10) the following new
paragraph:
``(11) Certified information technology certification
program graduate.--The term `certified information technology
certification program graduate' means any individual who has
been awarded a certificate of completion under section 5(f) of
the Increasing Technology Skills Act of 2014 for completing the
information technology certification program established under
such Act during the 1-year period ending on the hiring date.''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work with the employer after the date of
the enactment of this Act.
SEC. 4. GRANTS TO STATES.
(a) In General.--From funds available in the Fund established by
section 2, the Secretary of Labor shall award grants, on a competitive
basis, to States through the State boards.
(b) Application.--To receive a grant under this section, a State
board shall submit to the Secretary an application at such time and
containing such information as the Secretary shall determine.
(c) Use of Funds.--A State board shall use grant funds to provide
financial support to qualified individuals for participation in an
information technology certification program, in accordance with
section 5.
SEC. 5. FINANCIAL SUPPORT FOR INFORMATION TECHNOLOGY CERTIFICATION.
(a) Identification of Programs and Public Awareness.--Each State
receiving a grant under section 4 shall--
(1) identify information technology certification programs
within the State and the requirements necessary for a qualified
individual to participate in each program;
(2) disseminate information, through one-stop centers and
by other means, regarding such certification programs and the
availability of financial support from the grant funds to
enable qualified individuals to participate in such programs;
and
(3) assist qualified individuals in determining which
information technology certification program such individual is
most qualified for and best meets the goals of such individual.
(b) Application of Qualified Individuals.--A qualified individual
seeking to participate in an information technology certification
program and receive financial support shall submit an application to a
local one-stop center containing such information as the State Board
shall determine.
(c) Selection.--Qualified individuals shall be selected by the
local one-centers, in conjunction with local chambers of commerce where
appropriate, for participation based on their overall qualification for
the certification programs taking into consideration their experience,
skills, and competency, including high school level or better
competency in typing, math, reading, and writing.
(d) Eligible Expenses.--Financial support may be provided to pay
for the costs to the qualified individual of preparatory classes, study
materials, and examination expenses for the information technology
certification program.
(e) One-Time Participation.--Qualified individuals selected to
receive financial support under this section may only participate once.
Such participation consists of a single information technology
certification, regardless of whether the individual obtains the
certification. Such certification may consist of multiple preparatory
classes and multiple examinations.
(f) Certificate.--The State board shall award a certificate of
completion to each individual who completes the program and obtains a
certification.
SEC. 6. DEPARTMENT OF LABOR GUIDANCE AND FACILITATION.
(a) Background Information and Selection Guidance.--The Secretary
of Labor shall create an introductory program for use in one-stop
centers to provide background information to participants on
information technology certification programs, to ensure such
participants meet the necessary requirements, and suggest which
certification program a participant should pursue according to his or
her experience, skills and competency.
(b) Identification of Local Employment Needs.--In consultation with
local chambers of commerce, the Secretary shall identify the
certification programs that best meet the employment needs in each
local area.
(c) Website.--The Secretary of Labor shall make the information
required under subsections (a) and (b) available on an Internet
website. Such website shall also include information on participating
persons, partnerships, and corporations who donate money to the fund
established by section 2, unless the person, partnership, or
corporation requests that this information not be included on the
website.
(d) Facilitation of In-Kind Donations.--The Secretary of Labor, in
coordination with the State boards, local one-stop centers, and local
chambers of commerce, shall facilitate the placing of in-kind donations
of textbooks or other study materials by entities described in section
2(b) with qualified individuals participating in certification
programs.
SEC. 7. DEFINITIONS.
As used in this Act--
(1) the term ``information technology certification
program'' means any course of study or training in computer
science or information technology that culminates with an
individual earning a certification or other industry-recognized
credential that attests to the individual's qualification to
perform a job or task that entails the application of computers
and telecommunications equipment;
(2) the term ``qualified individual'' means an individual
who--
(A) at the time he or she submits an application
for financial support under section 5, has been
unemployed for a period of not less than 6 months; or
(B) is a veteran of the Armed Services;
(3) the term ``one-stop center'' means a one-stop operator
as defined in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801); and
(4) the term ``State board'' means a State workforce
investment board established under section 111 of the Workforce
Investment Act of 1998 (29 U.S.C. 2811). | Increasing Technology Skills Act of 2014 - Establishes in the Department of Labor the Information Technology Certification Fund. Amends the Internal Revenue Code to allow a work opportunity tax credit for any employer who hires a certified information technology certification program graduate. Directs the Secretary of Labor to award competitive grants to states through state boards for the payment of costs of qualified individuals to participate in the program. Directs the Secretary to create an introductory program for use in one-stop centers to provide background information via the Internet to participants on information technology certification programs. | {"src": "billsum_train", "title": "Increasing Technology Skills Act of 2014"} | 1,574 | 115 | 0.565788 | 1.513795 | 0.524525 | 3.528846 | 13.692308 | 0.894231 |
SECTION 1. EXCLUSION FOR CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC
RETIREMENT SYSTEMS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from income) is amended by redesignating section 137 as section 138 and
by inserting after section 136 the following new section:
``SEC. 137. CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT
SYSTEMS.
``(a) General Rule.--In the case of an individual, gross income
does not include any amount (otherwise includable in gross income)
received as a qualified governmental pension.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount excluded
under subsection (a) for the taxable year shall not exceed--
``(A) the maximum excludable social security
benefits of the taxpayer for such year, reduced by
``(B) the social security benefits (within the
meaning of section 86(d)) received by the taxpayer
during such year which were excluded from gross income.
``(2) Individual must perform the services giving rise to
pension.--Subsection (a) shall not apply to any qualified
governmental pension received by the taxpayer during the
taxable year unless the taxpayer (or the spouse or former
spouse of the taxpayer) performed the services giving rise to
such pension.
``(c) Definitions.--For purposes of this section--
``(1) Qualified governmental pension.--The term `qualified
governmental pension' means any pension or annuity under a
public retirement system to the extent such pension or annuity
is not attributable to service--
``(A) which constitutes employment for purposes of
chapter 21 (relating to the Federal Insurance
Contributions Act), or
``(B) which is covered by an agreement made
pursuant to section 218 of the Social Security Act.
``(2) Maximum excludable social security benefits.--The
term `maximum excludable social security benefits' means an
amount equal to so much of the applicable maximum benefit
amount for the taxpayer for the taxable year which would be
excluded from gross income if such benefit amount were treated
as social security benefits (within the meaning of section
86(d)) received during the taxable year.
``(3) Applicable maximum benefit amount.--The term
`applicable maximum benefit amount' means--
``(A) in the case of an unmarried individual, the
maximum individual social security benefit,
``(B) in the case of a joint return, 150 percent of
the maximum individual social security benefit, or
``(C) in the case of a married individual filing a
separate return, 75 percent of the maximum individual
social security benefit.
For purposes of the preceding sentence, marital status shall be
determined under section 7703.
``(4) Maximum individual social security benefit.--
``(A) In general.--The term `maximum individual
social security benefit' means, with respect to any
taxable year, the maximum total amount (as certified by
the Secretary of Health and Human Services to the
Secretary) which could be paid for all months in the
calendar year in which such taxable year begins as old-
age insurance benefits under section 202(a) of the
Social Security Act (without regard to any reduction,
deduction, or offset under section 202(k) or section
203 of such Act) to any individual who attained age 65,
and filed application for such benefits, on the first
day of such calendar year.
``(B) Part years.--In the case of an individual who
receives a qualified governmental pension with respect
to a period of less than a full taxable year, the
maximum individual social security benefit for such
individual for such year shall be reduced as provided
in regulations prescribed by the Secretary to properly
correspond to such period.
``(5) Public retirement system.--The term `public
retirement system' means any pension, annuity, retirement, or
similar fund or system established by the United States, a
State, a possession of the United States, any political
subdivision of any of the foregoing, or the District of
Columbia.''
(b) Technical Amendment.--Subparagraph (A) of section 86(b)(2) of
such Code (defining modified adjusted gross income) is amended by
inserting ``137,'' before ``911''.
(c) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 137 as section 138 and by inserting after the
item relating to section 136 the following new item:
``Sec. 137. Certain pensions and
annuities under public
retirement systems.''
(d) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after the date of the enactment of this Act. | Amends the Internal Revenue Code to exclude from the gross income of an individual amounts received as a pension or annuity under a public retirement system to the extent they are not attributable to services covered under the social security system. Limits the tax exclusion based upon calculations relating to income tax treatment of social security benefits. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude from gross income that portion of a governmental pension which does not exceed the maximum benefits payable under title II of the Social Security Act which could have been excluded from income for the taxable year."} | 1,122 | 72 | 0.559355 | 1.256714 | 0.753352 | 2.283333 | 16.333333 | 0.783333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spending Reductions through
Innovations in Therapies Agenda Act of 2012'' or the ``SPRINT Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Half of health care expenses in the United States are
spent on 5 percent of the population. Many of the most
expensive health conditions to treat are also the leading
causes of death.
(2) Improving a patient's quality of life by developing
innovative treatments that improve health outcomes and lead to
a cure will improve productivity in the United States, reduce
government spending, and enhance public health.
(3) More than a quarter of all Americans--and 2 out of 3
older Americans--have multiple chronic conditions, and
treatment for these individuals accounts for 66 percent of the
health care budget of the United States.
(4) Alzheimer's disease and related dementias, for
instance, have a disproportionate health and economic impact on
patients, particularly those suffering from multiple chronic
conditions. In 2004, Medicare payments per person for
beneficiaries aged 65 and older with Alzheimer's disease and
other dementias were almost 3 times as high as average Medicare
payments for other Medicare beneficiaries in the same age
group. In addition, Alzheimer's patients often depend on full-
time at home or institutional care. Medicaid payments per
person for Medicare beneficiaries aged 65 and older with
Alzheimer's disease and other dementias were more than 9 times
as great as average Medicaid payments for other Medicare
beneficiaries in the same age group.
(5) The Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) and the Medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) cover about 70 percent of the total costs of caring for
people with Alzheimer's disease. In 2011, Medicare is expected
to spend approximately $93,000,000,000 for the care of
individuals with Alzheimer's disease and other dementias, and
this amount is projected to increase to $627,000,000,000 in
2050. Medicaid costs are expected to increase nearly 400
percent, from $34,000,000,000 in 2011 to $178,000,000,000 in
2050.
(6) Researchers believe sustained and targeted investment
in outcomes oriented research for the leading causes of death
will improve health treatments and make cures more obtainable.
(7) The United States Government has, in the past,
successfully addressed major research challenges by committing
resources in high-risk and high-reward basic and applied
research.
SEC. 3. SPRINT PROGRAM.
Part A of title II of the Public Health Service Act (42 U.S.C. 202
et seq.) is amended by adding at the end the following:
``SEC. 230. SPRINT PROGRAM.
``(a) Definitions.--In this section:
``(1) Advanced research and development.--The term
`advanced research and development' means activities that
predominantly are conducted after basic research through early
clinical development of novel therapies, naturally occurring
compounds, and repurposed or reformulated drugs, biological
products, and devices in use to treat chronic conditions.
``(2) Biological product.--The term `biological product'
has the meaning given such term in section 351.
``(3) Device; drug.--The terms `device' and `drug' have the
meanings given such terms in section 201 of the Federal Food,
Drug, and Cosmetic Act.
``(4) Early-stage company.--The term `early-stage company'
means a business enterprise with a limited operating history,
such as a start-up enterprise.
``(5) Federal health care program.--The term `Federal
health care program' has the meaning given such term in section
1128B(f) of the Social Security Act.
``(6) Growth company.--The term `growth company' means a
business enterprise that grows at a greater rate than the
United States economy as a whole and that usually directs a
relatively high proportion of income back into the business.
``(7) High-cost chronic condition.--The term `high-cost
chronic condition' means a condition as determined by the
Secretary under subsection (c)(1).
``(8) Therapy.--The term `therapy' means any drug, device,
biological product, or diagnostic identified by the Secretary
to treat, prevent, diagnose, delay-onset, cure, or aid recovery
of a high-cost chronic condition.
``(b) Establishment of Program.--The Secretary shall establish the
Spending Reductions through Innovations in Therapies Program (referred
to in this section as the `SPRINT Program') to support development of
therapies to reduce spending by Federal health care programs for high-
cost chronic conditions.
``(c) High-Cost Chronic Conditions.--
``(1) In general.--The Secretary shall determine the high-
cost chronic conditions that shall be the focus of the SPRINT
Program. In making such determination, the Secretary shall
select chronic conditions, from the top 10 leading causes of
death designated by the Centers for Disease Control and
Prevention, that have--
``(A) the highest current and projected cost to
Federal health care programs and high long-term care
costs;
``(B) a likelihood of reducing the day-to-day
functioning of an individual and impairing the ability
of the individual to carry out activities of daily
living, which can result in the individual becoming
dependent on caregivers;
``(C) a death rate that has increased and is
projected to increase significantly in future years;
and
``(D) a lack of existing therapies to prevent,
control, or cure the condition or delay cognitive
decline, if applicable.
``(2) Allocation.--In carrying out the SPRINT Program, the
Secretary shall allocate funding towards the chronic conditions
as determined in paragraph (1).
``(d) Goals.--The SPRINT Program shall be guided by national plans
and strategies, as appropriate, and shall--
``(1) accelerate advanced research and development of
therapies for high-cost chronic conditions; and
``(2) encourage innovation in technologies that may assist
advanced research and development to reduce the time and cost
of therapy development.
``(e) Duties.--The Secretary shall carry out the following duties
under this section:
``(1) Convene meetings and working groups with
representatives from relevant industries, academia, other
Federal agencies, States, patients, patient and consumer
advocacy organizations, international agencies (as
appropriate), and other interested persons as the Secretary
deems necessary.
``(2) Ensure that the activities described in paragraph (1)
are coordinated among agencies within the Department of Health
and Human Services.
``(3) Partner with a nonprofit strategic investment entity
or entities that will advise the Department of Health and Human
Services regarding, and may make on behalf of such Department,
investments in public entities, nonprofit entities, early-stage
companies, or growth companies with expertise in advanced
research and development of therapies for high-cost chronic
conditions that can demonstrate a reasonable likelihood of
reducing net spending under the Medicare program under title
XVIII of the Social Security Act and the Medicaid program under
title XIX of such Act within 10 years after the date of
enactment of the Spending Reductions through Innovations in
Therapies Agenda Act of 2012.
``(4) Award contracts, grants, cooperative agreements, or
enter into other transactions, such as prize payments, to
accelerate advanced research and development of therapies that
have the potential to prevent, diagnose, delay-onset, cure, aid
recovery, or improve health outcomes for high-cost chronic
conditions, through the SPRINT Award Program under subsection
(f).
``(5) Reduce the time and cost barriers between laboratory
discoveries and clinical trials for therapies used to treat
high-cost chronic conditions.
``(6) Facilitate innovative and expedited review by the
Food and Drug Administration of the therapies developed under
subsection (f), which may include--
``(A) facilitating regular and ongoing
communication between the sponsors of such drugs,
devices, diagnostics, and biological products and the
Food and Drug Administration regarding the status of
activities related to such drugs, devices, diagnostics,
and biological products;
``(B) ensuring that such activities are coordinated
with the approval requirements of the Food and Drug
Administration, with the goal of expediting the
development and approval of therapies; and
``(C) developing regulatory science, processes, and
mechanisms to provide clear, efficient pathways for
developing and manufacturing therapies for high-cost
chronic conditions.
``(f) SPRINT Award Program.--
``(1) In general.--There is established a SPRINT Award
Program, under which the Secretary may, in consultation or
partnership with a nonprofit strategic investment entity, award
contracts, grants, cooperative agreements, or enter into other
transactions, such as prize payments, to support advanced
research and the development of therapies, in order to carry
out paragraphs (4) and (6) of subsection (e). Awards granted
through the SPRINT Award Program shall be funded by the SPRINT
Program.
``(2) Eligibility; application.--
``(A) Eligibility.--To be eligible to receive an
award under this section, an entity shall be a public,
nonprofit, early stage company, or growth company,
which may include a private or public research
institution, an institution of higher education, a
medical center, a biotechnology company, a
pharmaceutical company, a medical device company, an
academic research institution, or other organization
specializing in advanced research and development, and
shall submit an application to the Secretary as
described in subparagraph (B).
``(B) Application.--An entity desiring an award
under this subsection shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require, such as--
``(i) a detailed description of the project
for which the entity seeks an award;
``(ii) a timetable for carrying out such
project;
``(iii) an assurance that the entity will
submit interim reports and a final report at
the conclusion of the award period, as
determined appropriate by the Secretary under
paragraph (3);
``(iv) a description of how the project
will lead to the development of therapies aimed
at preventing, curing, reversing, or slowing
the progression of an underlying chronic
condition; and
``(v) a description of how the project will
support efforts to reduce long-term Federal
spending on health care.
``(3) Awardee reporting requirements.--An entity that
receives an award under this subsection shall submit reports to
the Secretary which may include--
``(A) interim reports describing the progress in
carrying out the project and compliance with all
conditions of receipt of such award;
``(B) a final report at the conclusion of the award
period describing--
``(i) the outcomes of the project,
including whether the entity achieved the goals
set forth in the application;
``(ii) the protocols the entity followed to
carry out the research and comply with the
research and ethical standards of the National
Institutes of Health, if applicable; and
``(iii) the standards and regulatory
requirements of the Food and Drug
Administration at all stages of development,
manufacturing, review, approval, and safety
surveillance, if applicable; and
``(C) such additional information required by the
Secretary.
``(4) Termination of funding.--The Secretary may modify or
terminate a contract, grant, cooperative agreement, other
transaction, or prize to an awardee that does not meet
milestones that are conditions of the contract, grant,
cooperative agreement, other transaction, or prize.
``(5) Consultation with nonprofit strategic investment
entity.--In making awards under this subsection, the Secretary
may consult or partner with a nonprofit strategic investment
entity or entities that--
``(A) operate independently of the Department of
Health and Human Services and consist of experts in
neurology, biomedical research, drug and medical
technology innovation and discovery, economics, and
venture financing; and
``(B) have a record of--
``(i) promoting the development of
therapies; and
``(ii) supporting novel technologies that
have the potential to improve the development
of therapies.
``(6) Matching funds.--
``(A) In general.--The Secretary may not make an
award under this section unless the recipient involved
agrees to make available non-Federal contributions, in
cash or in-kind, toward the costs of the project in an
amount equal to not less than $2 for each $1 of Federal
funds provided in the award. Such contributions may be
made directly or through donations from public or
private entities. Amounts provided by the Federal
Government, or services assisted or subsidized to any
significant extent by the Federal Government, may not
be included in determining the amount of such
contributions.
``(B) Exception.--The Secretary may waive or modify
the matching requirement under subparagraph (A) on a
case-by-case basis for each award if the Secretary
determines that the goals and objectives of the SPRINT
Award Program cannot adequately be carried out unless
such requirement is waived.
``(g) Non-Duplication of Efforts.--The Secretary shall ensure that
the activities under this section complement and extend other efforts
of the Department of Health and Human Services.
``(h) Gifts in Support of the SPRINT Award Program.--The Secretary
may accept on behalf of the United States money gifts and bequests made
unconditionally to the SPRINT Award Program under subsection (f) for
the benefit of the Award Program or any activity financed through such
Award Program.
``(i) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $50,000,000 for fiscal year
2013, and such sums as may be necessary for each of fiscal years 2014
through 2017. Funds appropriated under this section shall be available
until expended.''.
SEC. 4. EVALUATION AND REPORT.
(a) Evaluation.--The Secretary of Health and Human Services shall
evaluate the projects funded under section 230 of the Public Health
Service Act (as added by section 3) as necessary and shall make
publicly available and disseminate the results of such evaluations on
as wide a basis as practicable.
(b) Reports.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter, the Secretary of Health and Human
Services shall submit to Congress a report that--
(1) describes the specific projects supported under section
230 of the Public Health Service Act (as added by section 3)
and progress towards meeting science-based metrics;
(2) provides recommendations for Congress to improve the
effectiveness of the programs under such section 230;
(3) explains why the Secretary waived or modified matching
funds requirements for an award under subsection (f) of such
section 230, if applicable; and
(4) describes how advanced research and development
supported through the SPRINT Program under such section 230 is
directed towards reducing Federal spending on high-cost chronic
conditions (as defined in such section). | Spending Reductions through Innovations in Therapies Agenda Act of 2012 or the SPRINT Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish the Spending Reductions through Innovations in Therapies Program (SPRINT Program) to support development of therapies to reduce spending by federal health care programs for high-cost chronic conditions. Requires the Program to: (1) accelerate advanced research and development of such therapies, and (2) encourage innovation in technologies that may assist such research to reduce the time and cost of therapy development.
Requires the Secretary to select the high-cost chronic conditions that shall be the focus of the Program from conditions among the top 10 leading causes of death designated by the Centers for Disease Control and Prevention (CDC) that have: (1) the highest current and projected cost to federal health care programs and high long-term care costs; (2) a likelihood of impairing the ability of an individual to carry out activities of daily living, which can result in the individual becoming dependent on caregivers; (3) a death rate that has increased and is projected to increase significantly in future years; and (4) a lack of existing therapies to prevent, control, or cure the condition or delay cognitive decline.
Sets forth the duties of the Secretary, including to: (1) partner with certain nonprofit strategic investment entities, (2) reduce the time and cost barriers between laboratory discoveries and clinical trials for therapies used to treat high-cost chronic conditions, and (3) facilitate innovative and expedited review by the Food and Drug Administration (FDA) of the therapies developed.
Establishes a SPRINT Award Program, under which the Secretary may award contracts or grants to public, nonprofit, early stage companies or growth companies to support advanced research and the development of therapies. Sets forth matching fund requirements. Requires the Secretary to evaluate projects funded. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to speed American innovation in research and drug development for the leading causes of death that are the most costly chronic conditions for our Nation, to save American families and the Federal and State governments money, and to help family caregivers."} | 3,275 | 394 | 0.528758 | 1.761619 | 0.805634 | 5.121622 | 8.581081 | 0.964865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean and Coastal Observation
Systems Act of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The 95,000-mile coastline of the United States is vital
to the Nation's homeland security, transportation, trade,
environmental and human health, recreation and tourism, food
production, scientific research and education, historical and
cultural heritage, and energy production.
(2) More than half of the Nation's population lives and
works in coastal communities that together make up 11 percent
of its land and its most ecologically and economically
important regions. These regions support approximately 190
seaports, contain most of the Nation's largest cities, and
provide access to coastal waters rich in natural resources.
(3) The Nation's coastal waters and Great Lakes provide
tremendous value to the Nation's economy. The Nation's ports
handle goods valued at more than $700,000,000,000 annually and
nearly half of the goods, including energy products, contain
hazardous materials; the value of the fishing industry exceeds
$28,000,000,000 annually; the value of the recreational fishing
industry is estimated at $20,000,000,000 annually; and the
value of the offshore oil and gas industry is between
$25,000,000,000 and $40,000,000,000 annually.
(4) The rich biodiversity of marine organisms provides
society with essential food resources, a promising source of
marine products with commercial and medical potential, and an
important contribution to the national economy.
(5) The oceans and the Great Lakes drive climate and
weather factors causing severe weather events and threatening
the health of coastal ecosystems and communities by creating or
affecting both natural and manmade coastal hazards such as
hurricanes, tsunamis, erosion, oil spills, harmful algal
blooms, and pollution, which can each pose threats to human
health and safety.
(6) Each year, the Coast Guard relies on ocean information
to save 4,380 people, conducts over 65,000 rescue missions, and
carries out more than 11,680 environmental cleanups and
responses to pollution.
(7) Safeguarding homeland security requires improved
monitoring of the Nation's ports and coastline, including the
ability to track vessels and to provide rapid response teams
with real-time environmental conditions necessary for their
work.
(8) Advances in sensing technologies and scientific
understanding have made possible long-term and continuous
observation from shore, space, and in situ of ocean and coastal
characteristics and conditions.
(9) Many elements of an ocean and coastal observing system
are in place but require Federal investment to consolidate,
complete, sustain, and integrate.
(10) National investment in a sustained and integrated
ocean and coastal observing system and in coordinated programs
of research would assist the Nation and the world in
understanding the oceans and the global climate system,
strengthen homeland security, improve weather and climate
forecasts, strengthen management of marine resources, improve
the safety and efficiency of maritime operations, and mitigate
coastal hazards.
(b) Purposes.--The purposes of this Act are to provide for--
(1) the development of an integrated ocean observing system
that provides the data and information required to ensure
national security and the quality of life, sustains economic
development, sustains and restores healthy marine ecosystems
and the resources they support, enables advances in scientific
understanding of the oceans, and strengthens science education
and communication;
(2) implementation of a research and development program to
better understand the oceans and achieve the goals of an
integrated ocean observing system;
(3) implementation of a data and information management
system required by all components of an integrated ocean and
coastal observing system and related research; and
(4) establishment of a system of regional ocean and coastal
observing systems to address local needs for ocean information.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Council.--The term ``Council'' means the National Ocean
Research Leadership Council established under section 7902(a)
of title 10, United States Code.
(2) IOOS.--The term ``IOOS'' means the integrated ocean and
coastal observing system to be established by the Council under
section 4(a).
(3) National oceanographic partnership program.--The term
``National Oceanographic Partnership Program'' means the
program established under section 7901 of title 10, United
States Code.
(4) Interagency program office.--The term ``interagency
program office'' means the office established under section
4(d).
SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.
(a) Establishment.--The President, acting through the Council,
shall carry out a pilot program to establish an integrated ocean and
coastal observing system of monitoring, data communication and
management, analysis, modeling, and research designed to provide data
and information for the timely detection and prediction of changes
occurring in the marine and coastal environment that impact the
Nation's social, economic, and ecological systems. The IOOS shall
provide for continuous and quality-controlled observations of the
oceans and coasts for the following purposes:
(1) Improving the health of the Nation's oceans, coasts,
and Great Lakes.
(2) Protecting human lives and livelihoods from hazards.
(3) Supporting national defense and homeland security
efforts.
(4) Understanding the effects of human activities and
natural variability on the state of the ocean and coasts and
the Nation's socioeconomic well-being.
(5) Measuring, explaining, and predicting environmental
changes.
(6) Providing for the sustainable use, protection, and
enjoyment of ocean and coastal resources.
(7) Providing a scientific basis for implementation and
refinement of ecosystem-based management.
(8) Educating the public about the role and importance of
the oceans in daily life.
(9) Tracking and understanding climate change and the
ocean's and Great Lake's roles in it.
(10) Supplying important information to marine-related
businesses such as marine transportation, aquaculture,
fisheries, and offshore energy production.
(b) System Elements.--In order to fulfill the purposes of this Act,
the IOOS shall consist of the following program elements:
(1) A national observation program to fulfill national
priorities, including the Nation's contribution to the Global
Ocean Observing System.
(2) A network of regional associations to manage the
regional ocean and coastal observing and information programs
that collect, measure, and disseminate data and information
products to meet regional needs.
(3) A data management and communication system for the
timely integration and dissemination of data and information
products from the national and regional systems.
(4) A research and development program conducted under the
guidance of the Council and implemented through the National
Oceanographic Partnership Program.
(5) An outreach, education, and training program that
augments existing programs, such as the National Sea Grant
program and the Centers for Ocean Science Education Excellence
program, to ensure the use of the data and information for
improving public education and awareness of the Nation's oceans
and building the technical expertise required to operate and
improve the IOOS.
(c) Council Functions.--In carrying out responsibilities under this
section, the Council shall--
(1) serve as the oversight body for the design and
implementation of all aspects of the IOOS;
(2) adopt plans and budgets that are designed and
maintained by the interagency program office;
(3) coordinate the IOOS with other earth observing
activities and the Global Ocean Observing System;
(4) coordinate and administer a program of research and
development under the National Oceanographic Partnership
Program to support the operation of an integrated ocean and
coastal observing system and to advance the understanding of
the oceans;
(5) establish pilot projects to develop technology and
methods for advancing the development of the IOOS;
(6) support the development of institutional mechanisms to
further the goals of the program and provide for the
capitalization of the required infrastructure;
(7) provide, as appropriate, support for and representation
on United States delegations to international meetings on ocean
and coastal observing programs; and
(8) in consultation with the Secretary of State, coordinate
relevant Federal activities with those of other nations.
(d) Interagency Program Office.--
(1) Establishment.--There is established under the Council
an interagency program office to be known as ``OceanUS''.
(2) Responsibilities.--The interagency program office shall
be responsible for program planning and coordination of the
IOOS. The interagency program office shall--
(A) prepare annual and long-term plans for
consideration by the Council for the design and
implementation of the IOOS that promote collaboration
among Federal agencies and regional associations in
developing the global and national observing systems,
including identification and refinement of a core set
of variables to be measured by all systems;
(B) coordinate the development of agency budgets
for implementation of the IOOS, including budgets for
the regional associations;
(C) establish standards and protocols for data
management and communications, including quality
standards, in consultation with participating Federal
agencies and regional associations;
(D) certify the regional associations and establish
a process for their periodic review and
recertification; and
(E) establish an external technical committee to
provide biannual review of the IOOS.
(e) Lead Federal Agency.--The National Oceanic and Atmospheric
Administration shall be the lead Federal agency for implementation and
operation of the IOOS. Based on the plans prepared by the interagency
program office and adopted by the Council, the Administrator of the
National Oceanic and Atmospheric Administration shall--
(1) coordinate implementation, operation, and improvement
of the IOOS;
(2) establish efficient and effective administrative
procedures to allocate funds to other Federal agencies and
regional associations in a timely manner and according to the
budget adopted by the Council; and
(3) implement and maintain the appropriate elements of the
IOOS.
(f) Regional Ocean and Coastal Observing Systems.--Regional
associations shall be responsible for the development and operation of
regional ocean and coastal observing systems to meet the information
needs of the users groups in the region while adhering to national
standards. A regional association shall--
(1) demonstrate an organizational structure capable of
supporting and integrating all aspects of a regional ocean and
coastal observing and information program within a region;
(2) prepare and have approved by the interagency program
office a strategic operations plan that ensures the operation
and support of regional ocean and coastal observing systems
pursuant to the standards established by the Council; and
(3) provide information products for multiple users in the
region.
(g) Civil Liability.--For purposes of section 1346(b)(1) and
chapter 171 of title 28, United States Code, any regional ocean and
coastal observing system that is designated part of a regional
association under this section shall, in carrying out the purposes of
this Act, be deemed to be part of the National Oceanic and Atmospheric
Administration, and any employee of such system, while acting within
the scope of his or her employment in carrying out such purposes, shall
be deemed to be an employee of the Government.
SEC. 5. INTERAGENCY FINANCING.
The departments and agencies represented on the Council are
authorized to participate in interagency financing and share, transfer,
receive, obligate, and expend funds appropriated to any member of the
Council for the purposes of carrying out any administrative or
programmatic project or activity under this Act or under the National
Oceanographic Partnership Program, including support for the
interagency program office, a common infrastructure, and system
integration for an ocean and coastal observing system. Funds may be
transferred among such departments and agencies through an appropriate
instrument that specifies the goods, services, or space being acquired
from another Council member and the costs of the same.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Observing System Authorization.--For development and
implementation of an integrated ocean and coastal observing system
under section 4, including financial assistance to the interagency
program office, to the regional associations for the implementation of
regional ocean and coastal observing systems, and to the departments
and agencies represented on the Council, there are authorized, in
addition to any amounts previously authorized, to be appropriated to
the National Oceanic and Atmospheric Administration $100,000,000 for
fiscal year 2006.
(b) Regional Ocean and Coastal Observing Systems.--
(1) In general.--Based on guidelines formulated by the
interagency program office and approved by the Council, the
Administrator of the National Oceanic and Atmospheric
Administration shall provide funding to certified regional
associations to design, implement, operate, and improve
regional ocean and coastal observing and information systems.
(2) Funding.--To carry out paragraph (1), the Administrator
shall set aside from amounts appropriated pursuant to
subsection (a) $50,000,000 for fiscal year 2006.
(c) Availability.--Sums appropriated pursuant to this section shall
remain available until expended.
SEC. 7. REPORTING REQUIREMENT.
Not later than March 31, 2006, the President, acting through the
Council, shall transmit to Congress a report on the pilot program
established under section 4. The report shall include a description of
activities carried out under the program, an evaluation of the
effectiveness of the program, and recommendations concerning
reauthorization of the program and funding levels for the program in
succeeding fiscal years. | Ocean and Coastal Observation Systems Act of 2004 - Directs the President, acting through the National Ocean Research Leadership Council (NORLC), to carry out a pilot program to establish an integrated ocean and coastal observing system (IOOS) of monitoring, data communication and management, analysis, modeling, and research to provide data and information for the timely detection and prediction of changes occurring in the marine and coastal environment that impact the Nation's social, economic, and ecological systems.
Establishes within NORLC an interagency program office (OceanUS) which shall be responsible for program planning and coordination of the IOOS. Requires the National Oceanic and Atmospheric Administration (NOAA) to be the lead Federal agency for implementation and operation of the IOOS. Requires regional associations to be responsible for the development and operation of regional ocean and coastal observing systems to meet the information needs of the users groups in the region while adhering to national standards. | {"src": "billsum_train", "title": "To establish a pilot program to develop a comprehensive system of ocean and coastal observations for the Nation's oceans, coasts, and Great Lakes, including enhanced security at United States ports, and for other purposes."} | 2,825 | 211 | 0.404655 | 1.227489 | 0.738536 | 6.591954 | 15.62069 | 0.971264 |
SECTION 1. DECLARATION OF POLICY.
It is the policy of the United States to end the needless maiming
and suffering inflicted upon animals through the use of steel jaw
leghold traps by prohibiting the import or export of, and the shipment
in interstate commerce of, such traps and of articles of fur from
animals that were trapped in such traps.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``article of fur'' means--
(A) any furskin, whether raw or tanned or dressed;
or
(B) any article, however produced, that consists in
whole or part of any furskin.
For purposes of subparagraph (A), the terms ``furskin'',
``raw'', and ``tanned or dressed'' have the same respective
meanings as those terms have under headnote 1 of chapter 43 of
the Harmonized Tariff Schedule of the United States.
(2) The term ``interstate commerce'' shall have the same
meaning as that given to such term in section 10 of title 18,
United States Code.
(3) The term ``import'' means to land on, bring into, or
introduce into, any place subject to the jurisdiction of the
United States, whether or not such landing, bringing, or
introduction constitutes an entry into the customs territory of
the United States.
(4) The term ``person'' includes any individual,
partnership, association, corporation, trust, or any officer,
employee, agent, department, or instrumentality of the Federal
Government or of any State or political subdivision thereof, or
any other entity subject to the jurisdiction of the United
States.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``steel jaw leghold trap'' means any spring-
powered pan- or sear-activated device with two opposing steel
jaws which is designed to capture an animal by snapping closed
upon the animal's limb or part thereof.
SEC. 3. PROHIBITED ACTS AND PENALTIES.
(a) Prohibition.--No article of fur shall be imported, exported, or
shipped in interstate commerce if any part or portion of such article
is derived from an animal that was trapped in a steel jaw leghold trap.
(b) Offenses.--It is unlawful for any person knowingly--
(1) to import, export, ship, or receive any article of fur
in contravention of subsection (a);
(2) to import, export, deliver, carry, transport, or ship
by any means whatever, in interstate commerce, any steel jaw
leghold trap;
(3) to sell, receive, acquire, or purchase any steel jaw
leghold trap that was delivered, carried, transported, or
shipped in contravention of paragraph (2); or
(4) to violate any regulation prescribed by the Secretary
under this section.
(c) Penalties.--Any person who knowingly commits an act which
violates subsection (a) or (b), or any regulation issued under this
section, shall, in addition to any other penalty that may be imposed--
(1) for the first such violation, be guilty of an
infraction under title 18, United States Code; and
(2) for each subsequent violation, be imprisoned for not
more than two years, or fined in the amount set forth in title
18, United States Code, or both.
SEC. 4. REWARDS.
The Secretary shall pay, to any person who furnishes information
which leads to a conviction of a violation of any provision of this Act
or any regulation issued thereunder, an amount equal to one half of the
fine paid pursuant to the conviction. Any officer or employee of the
United States or of any State or local government who furnishes
information or renders service in the performance of his or her
official duties is not eligible for payment under this section.
SEC. 5. ENFORCEMENT.
(a) In General.--Except with respect to violations of this Act to
which subsection (b) applies, the provisions of this Act and any
regulations issued pursuant thereto shall be enforced by the Secretary,
who may utilize by agreement, with or without reimbursement, the
personnel, services, and facilities of any other Federal agency or any
State agency for purposes of enforcing this Act and such regulations.
(b) Export and Import Violations.--
(1) Import violations.--The importation of articles in
contravention of section 3 shall be treated as a violation of
the customs laws of the United States, and those provisions of
law relating to violations of the customs laws shall apply
thereto.
(2) Export violations.--The authorities under the Export
Administration Act of 1979 (including penalties) shall be used
to enforce the provisions of this Act relating to the export of
articles in contravention of section 3.
(c) Judicial Process.--The district courts of the United States
may, within their respective jurisdictions, upon proper oath or
affirmation showing probable cause, issue such warrants or other
process as may be required for enforcement of this Act and any
regulation issued thereunder.
(d) Enforcement Authorities.--Any individual having authority to
enforce this Act (except with respect to violations to which subsection
(b) applies), may, in exercising such authority--
(1) detain for inspection, search, and seize any package,
crate, or other container, including its contents, and all
accompanying documents, if such individual has reasonable cause
to suspect that in such package, crate, or other container are
articles with respect to which a violation of this Act (except
with respect to a violations to which subsection (b) applies)
has occurred, is occurring, or is about to occur;
(2) make arrests without a warrant for any violation of
this Act (except with respect to a violation to which
subsection (b) applies) committed in his or her presence or
view or if the individual has probable cause to believe that
the person to be arrested has committed or is committing such a
violation; and
(3) execute and serve any arrest warrant, search warrant,
or other warrant or criminal process issued by any judge or
magistrate of any court of competent jurisdiction for
enforcement of this Act (except with respect to violations to
which subsection (b) applies).
(e) Forfeiture.--Except with respect to exports to which the
provisions of the Export Administration Act of 1979 apply, and imports
to which the customs laws of the United States apply, pursuant to
subsection (b), any article of fur or steel jaw leghold trap taken,
possessed, sold, purchased, offered for sale or purchase, imported,
exported, transported, delivered, received, carried, or shipped in
violation of this Act or any regulation issued pursuant thereto, shall
be subject to forfeiture to the United States. Those provisions of law
relating to--
(1) the seizure, summary and judicial forfeiture, and
condemnation of property for violations of the customs laws,
(2) the disposition of such property or the proceeds from
the sale thereof,
(3) the remission or mitigation of such forfeitures, and
(4) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under the provisions of this subsection, insofar as
applicable and not inconsistent with this title; except that such
duties as are imposed upon the customs officer or any other person with
respect to the seizure and forfeiture of property under the customs
laws may be performed with respect to seizures and forfeitures of
property under this subsection by the Secretary or such officers and
employees as may be authorized or designated for that purpose by the
Secretary, or, upon the request of the Secretary, by any other agency
that has authority to manage and dispose of seized property.
(f) Injunctions.--The Attorney General of the United States may
seek to enjoin any person who is alleged to be in violation of any
provision of this Act or regulation issued under authority thereof.
(g) Cooperation.--The Secretary of Commerce, the Secretary of the
Treasury, and the head of any other department or agency with
enforcement responsibilities under this Act shall cooperate with the
Secretary in ensuring that this Act, and regulations issued thereunder,
are enforced in the most effective and efficient manner.
SEC. 6. REGULATIONS.
(a) In General.--The Secretary shall prescribe such regulations as
are necessary to carry out this Act.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect one year after the date of its
enactment. | Prohibits the import, export, or shipment in interstate commerce of steel jaw leghold traps and of articles of fur derived from animals trapped in such traps.
Prescribes criminal penalties for violations of this Act.
Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture. | {"src": "billsum_train", "title": "To end the use of steel jaw leghold traps on animals in the United States."} | 1,852 | 113 | 0.464356 | 1.274997 | 0.431403 | 2.377778 | 19.511111 | 0.844444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chattahoochee Trace National
Heritage Corridor Study Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corridor.--The term ``Corridor'' means the
Chattahoochee National Heritage Corridor.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Study area.--The term ``study area'' means the study
area described in section 3(b).
SEC. 3. STUDY.
(a) In General.--The Secretary, in consultation with State historic
preservation officers, State historical societies, State tourism
offices, and other appropriate organizations or agencies, shall conduct
a study to assess the suitability and feasibility of designating the
study area as the Chattahoochee Trace National Heritage Corridor.
(b) Description of Study Area.--The study area shall include the
portion of the Apalachicola-Chattahoochee-Flint River Basin and
surrounding areas that are comprised of the following:
(1)(A) The cities, towns, unincorporated communities, and
military bases of LaFayette, Lanett, Valley, Waverly, Oak
Bowery, Stroud, Opelika, Auburn, Loachapokla, Salem, Smiths,
Phenix City, Fort Mitchell, Spring Hill, Rutherford, Hurtsboro,
Pittsview, Uchee, Glemnville, Seale, Cottonton, Comer,
Batesville, Eufaula, Clayton, Louisville, Clio, Bakerhill, Blue
Springs, Ariton, Skipperville, Ozark, Midland City, Fort
Rucker, Newton, Daleville, Abbeville, Lawrenceville, Haleburg,
Shorterville, Newville, Tumbleton, Headland, Columbia, Kinsey,
Cottonwood, Ashford, Madrid, Gordon, and Dothan, Alabama.
(B) Chambers, Lee, Russell, Barbour, Dale, Henry, and
Houston counties in the State of Alabama.
(2)(A) The cities, towns, unincorporated communities, and
military bases of Hogansville, LaGrange, Whitesville,
Mountville, West Point Pine Mountain, Hamilton, Waverly Hall,
Ellershie, Mulberry Grove, Columbus, Cusseta, Fort Henning,
Omaha, Florence, Richland, Louvale, Brooklyn, Lumpkin,
Georgetown, Morris, Springvale, Cuthbert, Shellman, Coleman,
Fort Gaines, Bluffton, Cedar Springs, Saffold, Colomokee,
Damascus, Blakely, Hilton, Donalsonvilie, Iron City,
Reynoldsville, Brinson, Bainbridge, Faceville, Fowltown,
Climax, and Attapulgas, Georgia.
(B) Troup, Hats, Muscogee, Chattahoochee, Stewart,
Randolph, Clay, Quitman, Early, Seminole, and Decatur counties
in the State of Georgia.
(3) Other areas in the State of Alabama or Georgia that--
(A) have heritage aspects that are similar to the
aspects of the areas described in paragraph (1) or (2);
and
(B) are adjacent to, or in the vicinity of, the
areas.
(c) Requirements.--The study shall include analysis, documentation,
and determinations on whether the study area--
(1) has an assemblage of natural, historic, and cultural
resources that--
(A) represent distinctive aspects of the heritage
of the United States;
(B) are worthy of recognition, conservation,
interpretation, and continuing use; and
(C) would be best managed--
(i) through partnerships among public and
private entities; and
(ii) by linking diverse and sometimes
noncontiguous resources and active communities;
(2) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the story of the United States;
(3) provides--
(A) outstanding opportunities to conserve natural,
historic, cultural, or scenic features; and
(B) outstanding recreational and educational
opportunities;
(4) contains resources that--
(A) are important to any identified themes of the
study area; and
(B) retain a degree of integrity capable of
supporting interpretation;
(5) includes residents, business interests, nonprofit
organizations, and State and local governments that--
(A) are involved in the planning of the Corridor;
(B) have developed a conceptual financial plan that
outlines the roles of all participants in the Corridor,
including the Federal Government; and
(C) have demonstrated support for the designation
of the Corridor;
(6) has a potential management entity to work in
partnership with the individuals and entities described in
paragraph (5) to develop the Corridor while encouraging State
and local economic activity; and
(7) has a conceptual boundary map that is supported by the
public.
SEC. 4. REPORT.
Not later than the 3rd fiscal year after the date on which funds
are first made available to carry out this Act, the Secretary shall
submit to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) the findings of the study; and
(2) any conclusions and recommendations of the Secretary. | Chattahoochee Trace National Heritage Corridor Study Act of 2005 - Directs the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating a specified study area in the Apalachicola-Chattahoochee-Flint River Basin (Alabama and Georgia) as the "Chattahoochee Trace National Heritage Corridor." | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to study the suitability and feasibility of establishing the Chattahoochee Trace National Heritage Corridor in Alabama and Georgia, and for other purposes."} | 1,184 | 97 | 0.53739 | 1.597535 | 0.907791 | 4.642857 | 18.017857 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Worker Opportunity Act of
2009''.
SEC. 2. TAX CREDIT FOR EMPLOYING OLDER WORKERS IN FLEXIBLE WORK
PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45R. FLEXIBLE WORK CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
eligible employer, the flexible work credit determined under this
section for the taxable year shall be equal to 25 percent of the
qualified wages for such taxable year.
``(b) Eligible Employer.--For purposes of this section, the term
`eligible employer' means an employer which--
``(1) maintains a qualified trust (within the meaning of
section 401(a)), and
``(2) provides health insurance coverage (as defined in
section 9832(b)(1)(A)) to employees and pays no less than 60
percent of the cost of such health insurance coverage with
respect to each full-time employee receiving such coverage.
``(c) Qualified Wages Defined.--For purposes of this section--
``(1) Qualified wages.--The term `qualified wages' means
the wages paid or incurred by an eligible employer during the
taxable year to eligible individuals.
``(2) Eligible individuals.--
``(A) In general.--The term `eligible individual'
means an individual who, at the time such wages are
paid or incurred--
``(i) has attained the age of 62, and
``(ii) is participating in a formal
flexible work program.
``(B) Limitation.--Such term shall not include any
individual who begins participation in a formal
flexible work program during any period in which more
than 20 percent of the employees of the eligible
employer are already participating in a formal flexible
work program.
``(3) Wages.--
``(A) In general.--The term `wages' has the meaning
given such term by subsection (b) of section 3306
(determined without regard to any dollar limitation
contained in such section).
``(B) Other rules.--Rules similar to the rules of
paragraph (2) and (3) of section 51(c) shall apply for
purposes of this section.
``(C) Termination.--The term `wages' shall not
include any amount paid or incurred to an individual
after December 31, 2012.
``(4) Only first $6,000 of wages per year taken into
account.--The amount of the qualified wages which may be taken
into account with respect to any individual shall not exceed
$6,000 per year.
``(d) Formal Flexible Work Program.--For purposes of this section--
``(1) In general.--The term `formal flexible work program'
means a program of an eligible employer--
``(A) which consists of core time and flex time,
``(B) under which core time does not exceed--
``(i) 20 hours per week,
``(ii) 3 days per week, or
``(iii) 1,000 hours per year, and
``(C) which meets the requirements of subsection
(e).
``(2) Core time.--The term `core time' means the specific
time--
``(A) during which an employee is required to
perform services related to employment, and
``(B) which is determined by the employer.
``(3) Flex time.--The term `flex time' means the time other
than core time--
``(A) during which an employee is required to
perform services related to employment, and
``(B) which is determined at the election of the
employee.
``(e) Requirements.--A program shall not be considered a formal
flexible work program under this section unless such program meets the
following requirements:
``(1) Duration of program.--The program shall allow for
participation for a period of at least 1 year.
``(2) No change in health care benefits.--With respect to a
participant whose work schedule is no less than 20 percent of
the work schedule of a similarly situated full-time employee--
``(A) such participant shall be entitled to the
same health insurance coverage to which a similarly
situated full-time employee would be entitled,
``(B) the employer shall contribute the same
percentage of the cost of health insurance coverage for
such participant as the employer would contribute for a
similarly situated full-time employee, and
``(C) such participant shall be entitled to
participate in a retiree health benefits plan of the
employer in the same manner as a similarly situated
full-time employee, except that service credited under
the plan for any plan year shall be equal to the ratio
of the participant's work schedule during such year to
the work schedule of a similarly situated full-time
employee during such year.
``(3) No reduction in pension benefits.--
``(A) Defined benefit plans.--
``(i) A participant shall be entitled to
participate in a defined benefit plan (within
the meaning of section 414(j)) of the employer
in the same manner as a similarly situated
full-time employee.
``(ii) Service credited to a participant
under the plan for any plan year shall be equal
to the ratio of the participant's work schedule
during such year to the work schedule of a
similarly situated full-time employee during
such year.
``(iii) If the plan uses final average
earnings to determine benefits, final average
earnings of the participant shall be no less
than such earnings were before the participant
entered the program.
``(B) Defined contribution plans.--A participant
shall be entitled to participate in a defined
contribution plan (within the meaning of section
414(i)) of the employer in the same manner as a
similarly situated full-time employee, and the employer
shall match the participant's contributions at the same
rate that the employer would match the contributions of
a similarly situated full-time employee.
``(C) No forfeiture of pension benefits.--The
pension benefits of a participant shall not be
forfeited under the rules of section 411(a)(3)(B) or
section 203(a)(3)(B) of the Employee Retirement Income
Security Act of 1974 with respect to a participant who
has attained normal retirement age as of the end of the
plan year.
``(4) Nondiscrimination rule.--Eligibility to participate
in the program shall not discriminate in favor of highly
compensated employees (within the meaning of section 414(q)).
``(f) Certain Individuals Ineligible.--For purposes of this
section, rules similar to the rules of section 51(i)(1) and section 52
shall apply.
``(g) Regulations.--The Secretary may prescribe such regulations as
are necessary to carry out the purposes of this section, including
simplified rules to satisfy the requirements of subsection (e)(3)(C)
taking into account the requirements of section 411 and section 203 of
the Employee Retirement Income Security Act of 1974.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (34), by striking the period at the
end of paragraph (35) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(36) the flexible work credit determined under section
45R(a).''.
(c) No Double Benefit.--Subsection (a) of section 280C of the
Internal Revenue Code of 1986 is amended by inserting ``45R(a),'' after
``45P(a),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45R. Flexible work credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to wages paid after December 31, 2008. | Older Worker Opportunity Act of 2009 - Amends the Internal Revenue Code to allow employers who provide health and retirement benefits to their employees a tax credit for 25% of the first $6,000 of wages paid to individuals age 62 or older participating in a flexible work program. Terminates such credit after 2012. | {"src": "billsum_train", "title": "A bill to promote labor force participation of older Americans, with the goals of increasing retirement security, reducing the projected shortage of experienced workers, maintaining future economic growth, and improving the Nation's fiscal outlook."} | 1,867 | 65 | 0.571205 | 1.206955 | 0.770314 | 2.298246 | 29.754386 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boise Laboratory Replacement Act of
2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the existing facilities of the Rocky Mountain Research
Station Boise laboratory are outdated and no longer serve as a
modern research facility;
(2) the Boise laboratory site is in the heart of a Boise
city redevelopment zone, and the existing laboratory facilities
detract from community improvement efforts;
(3) it is desirable to colocate the Boise laboratory with 1
of the State institutions of higher learning in the Boise
metropolitan area--
(A) to facilitate communications and sharing of
research data between the agency and the Idaho
scientific community;
(B) to facilitate development and maintenance of
the Boise laboratory as a modern, high quality research
facility; and
(C) to reduce costs, better use assets, and better
serve the public; and
(4) it is desirable to make the Boise laboratory site
available for inclusion in a planned facility that is being
developed on adjacent property by the University of Idaho or
the University of Idaho Foundation, a not-for-profit
corporation acting on behalf of the University of Idaho, as a
multiagency research and education facility to serve various
agencies and educational institutions of the United States and
the State.
(b) Purpose.--The purpose of this Act is to authorize the
Secretary--
(1) to sell or exchange the land and improvements currently
occupied by the Boise laboratory site; and
(2) to acquire land, facilities, or interests in land and
facilities, including condominium interests, to colocate the
Rocky Mountain Research Station Boise laboratory with 1 of the
State institutions of higher learning in the Boise metropolitan
area, using--
(A) funds derived from sale or exchange of the
existing Boise laboratory site; and
(B) to the extent the funds received are
insufficient to carry out the acquisition of
replacement research facilities, funds subsequently
made available by appropriation for the acquisition,
construction, or improvement of the Rocky Mountain
Research Station Boise laboratory.
SEC. 3. DEFINITIONS.
In this Act:
(1) Boise laboratory site.--The term ``Boise laboratory
site'' means the approximately 3.26 acres of land in section
10, T. 3 N., R. 2 E., Boise Meridian, as depicted on that Plat
of Park View Addition to Boise, Ada County, Idaho, labeled
``Boise Lab Site-May 22, 2000'', located at 316 East Myrtle
Street, Boise, Idaho.
(2) Condominium interest.--The term ``condominium
interest'' means an estate in land consisting of (in accordance
with law of the State)--
(A) an undivided interest in common of a portion of
a parcel of real property; and
(B) a separate fee simple interest in another
portion of the parcel.
(3) Fair market value.--The term ``fair market value''
means the cash value of land on a specific date, as determined
by an appraisal acceptable to the Secretary and prepared in
accordance with the Uniform Appraisal Standards for Federal
Land Acquisitions.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State.--The term ``State'' means the State of Idaho.
SEC. 4. SALE OR EXCHANGE OF BOISE LABORATORY SITE.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe and subject to valid existing rights,
sell or exchange any or all right, title, and interest of the United
States in and to the Boise laboratory site.
(b) Right of First Refusal.--
(1) In general.--After a determination of fair market value
of the Boise laboratory site is approved by the Secretary, the
University of Idaho or the University of Idaho Foundation, a
not-for-profit organization acting on behalf of the University
of Idaho, shall be allowed 210 days from the effective date of
value to exercise a right of first refusal to purchase the
Boise laboratory site at fair market value.
(2) Cooperative development.--If the University of Idaho or
the University of Idaho Foundation exercises the right of first
refusal under paragraph (1), to accomplish the purpose
described in section 2(b)(2), the Secretary shall, to the
maximum extent practicable, cooperate with the University of
Idaho in the development of a multiagency research and
education facility on the Boise laboratory site and adjacent
property.
(c) Solicitation of Offers.--If the right of first refusal
described in subsection (b) is not exercised, the Secretary may solicit
offers for purchase through sale or competitive exchange of any and all
right, title, and interest of the United States in and to the Boise
laboratory site.
(d) Consideration.--Consideration for sale or exchange of land
under this section--
(1) shall be at least equal to the fair market value of the
Boise laboratory site; and
(2) may include cash, land, existing improvements, or
improvements to be constructed to the specifications of the
Secretary, including condominium interests.
(e) Rejection of Offers.--The Secretary may reject any offer made
under this section if the Secretary determines that the offer is not
adequate or not in the public interest.
SEC. 5. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under section 4 in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition of land and facilities, or interests in
land and facilities, including condominium interests--
(A) to colocate the Boise laboratory with 1 of the
State institutions of higher learning in the Boise
metropolitan area; and
(B) to replace other functions of the Boise
laboratory; and
(2) to the extent the funds are not necessary to carry out
paragraph (1), the acquisition of other land or interests in
land in the State. | Grants right of first refusal for the laboratory site to the University of Idaho or a related nonprofit organization, and provides, if such option is exercised, for Federal cooperation with the University to develop a multiagency research and education facility at such site. | {"src": "billsum_train", "title": "Boise Laboratory Replacement Act of 2000"} | 1,399 | 55 | 0.606536 | 1.556563 | 0.197956 | 2.085106 | 27.06383 | 0.851064 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Taxpayer
Protection Act of 2005''.
(b) Findings.--The Congress finds the following:
(1) The integrity of the Federal tax system is integral to
the efficient and ongoing functioning of representative
democracy.
(2) A pillar of exemplary citizenship is compliance with
the Federal tax code as it pertains to individual income taxes.
(3) Individual taxpayers voluntarily disclose sensitive
personal information to the Federal Government with the
expectation that such information will be utilized and retained
only by qualified, trained, and accountable personnel of the
Internal Revenue Service (IRS) .
(4) Although the IRS has stated that there will be tight
restrictions on what information will be released to private
collection agencies, the statute places no restrictions on what
information may be released to private collection agencies.
(5) More than 26 million Americans have, since 1990, been
victims of some form of ``identity theft'' through
misappropriation and misuse of their personal information.
(6) Disclosure of taxpayer information to nongovernmental,
third party vendors will increase the risk of wrongful
disclosure of taxpayer information that results in higher
incidences of ``identity theft''.
(7) The IRS has already demonstrated its inability to
protect taxpayer data from unauthorized disclosure under
existing vendor contracts as documented in an internal report
by the Department of Treasury Inspector General for Tax
Administration.
(8) The IRS Restructuring and Reform Act of 1998
specifically prevents employees or supervisors at the IRS from
being evaluated or compensated based on how much they collect
in order to prevent incentives for overly aggressive and
abusive tactics.
(9) The compensation scheme for private tax collection
agencies is a recovery fee of up to 25 percent of funds
collected that will lead to overzealous and abusive collection
tactics against taxpayers.
(10) The Congress has previously rejected the use of
private tax collection agencies by canceling a pilot program in
1996 due to violations by private collection agencies of the
Fair Debt Collection Practices Act, inadequate protection of
sensitive taxpayer information, and a loss of approximately $17
million during the pilot program.
(11) A 2002 report by the IRS Commissioner to the IRS
Oversight Board identified an additional $30 billion in taxes
owed that could be collected annually by increased funding for
IRS personnel. A $9 billion annual increase in revenue could be
achieved by earmarking approximately $300 million to specific
IRS collection functions, for a return of $30 for every $1
spent.
(12) Due to the vagaries of the budget scoring process,
additional funds collected by IRS personnel do not ``score'' as
increased revenues.
(13) The use of private collection agencies was deemed a
``new tool'' to the IRS Commissioner that resulted in increased
revenue being ``scored'' to the Federal Government when such
activity would actually result in increased cost to taxpayers.
(14) Members of the House of Representatives were not
afforded the opportunity to specifically vote on this
significant policy change during consideration of H.R. 4520,
the American Jobs Creation Act of 2004, in the 108th Congress.
SEC. 2. REPEAL OF AUTHORITY TO ENTER INTO PRIVATE TAX COLLECTION
CONTRACTS.
(a) In General.--Subchapter A of chapter 64 of the Internal Revenue
Code of 1986 (relating to collection) is amended by striking section
6306.
(b) Conforming Amendments.--
(1) Subchapter B of chapter 64 of such Code is amended by
striking section 7433A.
(2) Section 7809(a) of such Code is amended by striking
``6306,''.
(3) Section 7811 of such Code is amended by striking
subsection (g).
(4) Section 1203 of the Internal Revenue Service
Restructuring Act of 1998 is amended by striking subsection
(e).
(5) The table of sections of subchapter A of chapter 64 of
such Code is amended by striking the item relating to section
6306.
(6) The table of sections of subchapter B of chapter 64 of
such Code is amended by striking the item relating to section
7433A.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act but shall not apply to
any contract entered into before such date.
(d) Termination of Reporting Requirement.--The reporting
requirement of section 881(e) of the American Jobs Creation Act of 2004
shall not apply after the date of the enactment of this Act. | Taxpayer Protection Act of 2005 - Amends the Internal Revenue Code to repeal provisions enacted by the American Jobs Creation Act of 2004 authorizing the Secretary of the Treasury to enter into contracts with private collection agencies for the collection of taxes. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the authority of the Secretary of the Treasury to enter into private tax collection contracts."} | 977 | 52 | 0.428149 | 0.985094 | 0.021221 | 2.395349 | 21.581395 | 0.860465 |
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