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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prompt Decision for Qualification of
Short Sale Act of 2010''.
SEC. 2. PROMPT DECISION REGARDING SHORT SALE.
(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended--
(1) by redesignating the second section 129, as added by
section 201(b) of the Helping Families Save Their Homes Act of
2009 (Public Law 111-22; 123 Stat. 1638), as section 129A; and
(2) by inserting before section 130 (15 U.S.C. 1640) the
following new section:
``SEC. 129B. PROMPT DECISION REGARDING SHORT SALE.
``(a) Requirement.--Except as provided in subsection (b) and
notwithstanding any other provision of law or of any contract,
including a contract between a servicer of a residential mortgage loan
and a securitization vehicle or other investment vehicle, if the
mortgagor under a residential mortgage loan submits to the servicer of
the mortgage loan a written request for a short sale of the dwelling or
residential real property that is subject to the mortgage, deed or
trust, or other security interest that secures the mortgage loan, and
all information required by the servicer in connection with such a
request (including a copy of an executed contract between the owner of
the dwelling or property and the prospective buyer that is subject to
approval by the servicer), and the mortgagor does not receive from the
servicer, before the expiration of the 45-day period beginning upon
receipt by the servicer of such request and information, a written
notification of whether such request has been approved, that such
request has been approved subject to specified changes, or that
additional information is required for such a determination, such
request shall be considered to have been approved by the servicer.
``(b) Inapplicability to Certain Existing Mortgages.--Subsection
(a) shall not apply with respect to any residential mortgage with
respect to which the mortgagor and the mortgagee or servicer have
entered into a written agreement before the date of the enactment of
the Prompt Decision for Qualification of Short Sale Act of 2010
explicitly providing a procedure or terms for approval of a short sale.
``(c) Treatment of Other Time Limits.--This section may not be
construed to preempt, annul, or otherwise affect any other provision of
law or of any contract or program that provides a shorter period than
is provided under subsection (a) for a decision by the servicer of a
residential mortgage loan regarding a short sale of the dwelling or
residential real property that is subject to the mortgage, deed or
trust, or other security interest that secures the mortgage loan.
``(d) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Residential mortgage loan.--The term `residential
mortgage loan' means any consumer credit transaction that is
secured by a mortgage, deed of trust, or other equivalent
consensual security interest on a dwelling or on residential
real property that includes a dwelling, other than a consumer
credit transaction under an open end credit plan or an
extension of credit relating to a plan described in section
101(53D) of title 11, United States Code.
``(2) Securitization vehicle.--The term `securitization
vehicle' means a trust, special purpose entity, or other legal
structure that is used to facilitate the issuing of securities,
participation certificates, or similar instruments backed by or
referring to a pool of assets that includes residential
mortgage loans (or instruments that are related to residential
mortgage loans, such as credit-linked notes).
``(3) Servicer.--The term `servicer' has the meaning
provided in section 129A, except that such term includes a
person who makes or holds a residential mortgage loan
(including a pool of residential mortgage loans) if such person
also services the loan.
``(4) Short sale.--The term `short sale' means the sale of
the dwelling or residential real property that is subject to
the mortgage, deed or trust, or other security interest that
secures a residential mortgage loan that--
``(A) will result in proceeds in an amount that is
less than the remaining amount due under the mortgage
loan; and
``(B) requires authorization by the securitization
vehicle or other investment vehicle or holder of the
mortgage loan, or the servicer acting on behalf of such
a vehicle or holder.''.
(b) Applicability.--The amendment made by subsection (a) of this
section shall apply to any written request for a short sale made after
the date of the enactment of this Act. | Prompt Decision for Qualification of Short Sale Act of 2010 - Amends the Truth in Lending Act to consider approved a mortgagor's written request to a mortgage loan servicer for a short sale of a dwelling or residential real property if the mortgagor has not received, within 45 days after the servicer's receipt of the request, a written notification of whether the request has been approved, specified changes are required, or additional information is required.
Declares this Act inapplicable to certain residential mortgages entered into before enactment of this Act which explicitly provide a procedure or terms for a short sale approval. | {"src": "billsum_train", "title": "To require the lender or servicer of a home mortgage, upon a request by the homeowner for a short sale, to make a prompt decision whether to allow the sale."} | 1,097 | 146 | 0.636616 | 1.998221 | 0.860095 | 3.135135 | 8.567568 | 0.900901 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Small Property and
Casualty Insurance Company Equity Act of 1993''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. SMALL COMPANY DEDUCTION.
(a) Section 832(c) is amended by striking ``and'' at the end of
paragraph (12), by striking the period at the end of paragraph (13) and
inserting ``; and'', and by adding at the end thereof the following new
paragraph:
``(14) the small insurance company deduction allowed by
subsection (h).''
(b) Section 832 is amended by adding at the end thereof the
following new subsections:
``(h) Small Insurance Company Deduction.--In the case of taxable
years beginning after December 31, 1992--
``(1) In general.--There shall be allowed as a deduction
for the taxable year 60 percent of so much of the tentative
taxable income for such taxable year as does not exceed
$3,000,000 (hereinafter in this section referred to as the
`small insurance company deduction').
``(2) Phaseout between $3,000,000 and $15,000,000.--The
amount of the small insurance company deduction determined
under paragraph (1) for any taxable year shall be reduced (but
not below zero) by 15 percent of so much of the tentative
taxable income for such taxable year as exceeds $3,000,000.
``(3) Small insurance company deduction not allowable to
company with assets of $500,000,000 or more.--
``(A) In general.--The small insurance company
deduction shall not be allowed for any taxable year to
any insurance company which, at the close of such
taxable year, has assets equal to or greater than
$500,000,000.
``(B) Assets.--For purposes of this paragraph, the
term `assets' means all assets of the company.
``(C) Valuation of assets.--For purposes of this
paragraph, the amount attributable to--
``(i) real property and stock shall be the
fair market value thereof, and
``(ii) any other asset shall be the
adjusted basis of such asset for purposes of
determining gain on sale or other disposition.
``(D) Special rule for interests in partnerships
and trusts.--For purposes of this paragraph--
``(i) an interest in a partnership or trust
shall not be treated as an asset of the
company, but
``(ii) the company shall be treated as
actually owning its proportionate share of the
assets held by the partnership or trust (as the
case may be).
``(i) Tentative Taxable Income.--For purposes of subsection (h)--
``(1) In general.--The term `tentative taxable income'
means taxable income determined without regard to the small
insurance company deduction.
``(2) Exclusion of items attributable to noninsurance
businesses.--The amount of the tentative taxable income for any
taxable year shall be determined without regard to all items
attributable to noninsurance businesses.
``(3) Noninsurance businesses.--
``(A) In general.--The term ``noninsurance
business'' means any activity which is not an insurance
business.
``(B) Certain activities treated as insurance
businesses.--For purposes of subparagraph (A), any
activity which is not an insurance business shall be
treated as an insurance business if--
``(i) it is of a type traditionally carried
on by insurance companies for investment
purposes, but only if the carrying on of such
activity (other than in the case of real
estate) does not constitute the active conduct
of a trade or business, or
``(ii) it involves the performance of
administrative services in connection with
plans providing property or casualty insurance
benefits.
``(C) Limitation of amount of loss from
noninsurance business which may offset income from
insurance business.--In computing the taxable income of
any insurance company subject to tax imposed by section
831, any loss from a noninsurance business shall be
limited under the principles of section 1503(c).
``(j) Special Rule for Controlled Groups.--
``(1) Small insurance company deduction determined on
controlled group basis.--For purposes of subsections (h) and
(i)--
``(A) all insurance companies which are members of
the same controlled group shall be treated as 1
insurance company, and
``(B) any small insurance company deduction
determined with respect to such group shall be
allocated among the insurance companies which are
members of such group in proportion to their respective
tentative taxable incomes.
``(2) Noninsurance members included for asset test.--For
purposes of subsection (h)(3), all members of the same
controlled group (whether or not insurance companies) shall be
treated as 1 company.
``(3) Controlled group.--For purposes of this subsection,
the term `controlled group' means any controlled group of
corporations (as defined in section 1563(a)); except that
subsections (a)(4) and (b)(2)(D) of section 1563 shall not
apply.
``(4) Adjustments to prevent excess detriment or benefit.--
Under regulations prescribed by the Secretary, proper
adjustments shall be made in the application of this subsection
to prevent any excess detriment or benefit (whether from year-
to-year or otherwise) arising from the application of this
subsection.''
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 1992. | Small Property and Casualty Insurance Company Equity Act of 1993 - Amends the Internal Revenue Code to allow a small insurance company deduction of the tentative taxable income of certain companies involved with property or casualty insurance. | {"src": "billsum_train", "title": "Small Property and Casualty Insurance Company Equity Act of 1993"} | 1,289 | 48 | 0.565014 | 1.301319 | 0.72683 | 3.657895 | 31.552632 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medigap Portability Act of 1997''.
SEC. 2. MEDIGAP AMENDMENTS.
(a) Guaranteeing Issue Without Preexisting Conditions for
Continuously Covered Individuals.--Section 1882(s) of the Social
Security Act (42 U.S.C. 1395ss(s)) is amended--
(1) in paragraph (3), by striking ``paragraphs (1) and
(2)'' and inserting ``this subsection'',
(2) by redesignating paragraph (3) as paragraph (4), and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) The issuer of a medicare supplemental policy--
``(i) may not deny or condition the issuance or
effectiveness of a medicare supplemental policy described in
subparagraph (C);
``(ii) may not discriminate in the pricing of the policy on
the basis of the individual's health status, medical condition
(including both physical and mental illnesses), claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability; and
``(iii) may not impose an exclusion of benefits based on a
pre-existing condition,
in the case of an individual described in subparagraph (B) who seeks to
enroll under the policy not later than 63 days after the date of the
termination of enrollment described in such subparagraph.
``(B) An individual described in this subparagraph is an individual
described in any of the following clauses:
``(i) The individual is enrolled with an eligible
organization under a contract under section 1876 or with an
organization under an agreement under section 1833(a)(1)(A) and
such enrollment ceases either because the individual moves
outside the service area of the organization under the contract
or agreement or because of the termination or nonrenewal of the
contract or agreement.
``(ii) The individual is enrolled with an organization
under a policy described in subsection (t) and such enrollment
ceases either because the individual moves outside the service
area of the organization under the policy, because of the
bankruptcy or insolvency of the insurer, or because the insurer
closes the block of business to new enrollment.
``(iii) The individual is covered under a medicare
supplemental policy and such coverage is terminated because of
the bankruptcy or insolvency of the insurer issuing the policy,
because the insurer closes the block of business to new
enrollment, or because the individual changes residence so that
the individual no longer resides in a State in which the issuer
of the policy is licensed.
``(iv) The individual is enrolled under an employee welfare
benefit plan that provides health benefits that supplement the
benefits under this title and the plan terminates or ceases to
provide (or significantly reduces) such supplemental health
benefits to the individual.
``(v)(I) The individual is enrolled with an eligible
organization under a contract under section 1876 or with an
organization under an agreement under section 1833(a)(1)(A) and
such enrollment is terminated by the enrollee during the first
12 months of such enrollment, but only if the individual never
was previously enrolled with an eligible organization under a
contract under section 1876 or with an organization under an
agreement under section 1833(a)(1)(A).
``(II) The individual is enrolled under a policy described
in subsection (t) and such enrollment is terminated during the
first 12 months of such enrollment, but only if the individual
never was previously enrolled under such a policy under such
subsection.
``(C)(i) Subject to clause (ii), a medicare supplemental policy
described in this subparagraph, with respect to an individual described
in subparagraph (B), is a policy the benefits under which are
comparable or lesser in relation to the benefits under the enrollment
described in subparagraph (B) (or, in the case of an individual
described in clause (ii), under the most recent medicare supplemental
policy described in clause (ii)(II)).
``(ii) An individual described in this clause is an individual
who--
``(I) is described in subparagraph (B)(v), and
``(II) was enrolled in a medicare supplemental policy
within the 63 day period before the enrollment described in
such subparagraph.
``(iii) As a condition for approval of a State regulatory program
under subsection (b)(1) and for purposes of applying clause (i) to
policies to be issued in the State, the regulatory program shall
provide for the method of determining whether policy benefits are
comparable or lesser in relation to other benefits. With respect to a
State without such an approved program, the Secretary shall establish
such method.
``(D) At the time of an event described in subparagraph (B) because
of which an individual ceases enrollment or loses coverage or benefits
under a contract or agreement, policy, or plan, the organization that
offers the contract or agreement, the insurer offering the policy, or
the administrator of the plan, respectively, shall notify the
individual of the rights of the individual, and obligations of issuers
of medicare supplemental policies, under subparagraph (A).''.
(b) Limitation on Imposition of Preexisting Condition Exclusion
During Initial Open Enrollment Period.--Section 1882(s)(2)(B) of such
Act (42 U.S.C. 1395ss(s)(2)(B)) is amended to read as follows:
``(B) In the case of a policy issued during the 6-month period
described in subparagraph (A), the policy may not exclude benefits
based on a pre-existing condition.''.
(c) Clarifying the Nondiscrimination Requirements During the 6-
Month Initial Enrollment Period.--Section 1882(s)(2)(A) of such Act (42
U.S.C. 1395ss(s)(2)(A)) is amended to read as follows:
``(2)(A)(i) In the case of an individual described in clause (ii),
the issuer of a medicare supplemental policy--
``(I) may not deny or condition the issuance or
effectiveness of a medicare supplemental policy, and
``(II) may not discriminate in the pricing of the policy on
the basis of the individual's health status, medical condition
(including both physical and mental illnesses), claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability.
``(ii) An individual described in this clause is an individual for
whom an application is submitted before the end of the 6-month period
beginning with the first month as of the first day on which the
individual is 65 years of age or older and is enrolled for benefits
under part B.''.
(d) Extending 6-Month Initial Enrollment Period to Non-Elderly
Medicare Beneficiaries.--Section 1882(s)(2)(A)(ii) of such Act (42
U.S.C. 1395ss(s)(2)(A)), as amended by subsection (c), is amended by
striking ``is submitted'' and all that follows and inserting the
following: ``is submitted--
``(I) before the end of the 6-month period beginning with
the first month as of the first day on which the individual is
65 years of age or older and is enrolled for benefits under
part B; and
``(II) for each time the individual becomes eligible for
benefits under part A pursuant to section 226(b) or 226A and is
enrolled for benefits under part B, before the end of the 6-
month period beginning with the first month as of the first day
on which the individual is so eligible and so enrolled.''.
(e) Effective Dates.--
(1) Guaranteed issue.--The amendment made by subsection (a)
shall take effect on January 1, 1998.
(2) Limit on preexisting condition exclusions.--The
amendment made by subsection (b) shall apply to policies issued
on or after January 1, 1998.
(3) Clarification of nondiscrimination requirements.--The
amendment made by subsection (c) shall apply to policies issued
on or after January 1, 1998.
(4) Extension of enrollment period to disabled
individuals.--
(A) In general.--The amendment made by subsection
(d) shall take effect on July 1, 1998.
(B) Transition rule.--In the case of an individual
who first became eligible for benefits under part A of
title XVIII of the Social Security Act pursuant to
section 226(b) or 226A of such Act and enrolled for
benefits under part B of such title before July 1,
1998, the 6-month period described in section
1882(s)(2)(A) of such Act shall begin on July 1, 1998.
Before July 1, 1998, the Secretary of Health and Human
Services shall notify any individual described in the
previous sentence of their rights in connection with
medicare supplemental policies under section 1882 of
such Act, by reason of the amendment made by subsection
(d).
(f) Transition Provisions.--
(1) In general.--If the Secretary of Health and Human
Services identifies a State as requiring a change to its
statutes or regulations to conform its regulatory program to
the changes made by this section, the State regulatory program
shall not be considered to be out of compliance with the
requirements of section 1882 of the Social Security Act due
solely to failure to make such change until the date specified
in paragraph (4).
(2) NAIC standards.--If, within 9 months after the date of
the enactment of this Act, the National Association of
Insurance Commissioners (in this subsection referred to as the
``NAIC'') modifies its NAIC model regulation relating to
section 1882 of the Social Security Act (referred to in such
section as the 1991 NAIC Model Regulation, as modified pursuant
to section 171(m)(2) of the Social Security Act Amendments of
1994 (Public Law 103-432) and as modified pursuant to
section 1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by
section 271(a) of the Health Care Portability and Accountability Act of
1996 (Public Law 104-191) to conform to the amendments made by this
section, such revised regulation incorporating the modifications shall
be considered to be the applicable NAIC model regulation (including the
revised NAIC model regulation and the 1991 NAIC model regulation) for
the purposes of such section.
(3) Secretary standards.--If the NAIC does not make the
modifications described in paragraph (2) within the period
specified in such paragraph, the Secretary of Health and Human
Services shall make the modifications described in such
paragraph and such revised regulation incorporating the
modifications shall be considered to be the appropriate
regulation for the purposes of such section.
(4) Date specified.--
(A) In general.--Subject to subparagraph (B), the
date specified in this paragraph for a State is the
earlier of--
(i) the date the State changes its statutes
or regulations to conform its regulatory
program to the changes made by this section, or
(ii) 1 year after the date the NAIC or the
Secretary first makes the modifications under
paragraph (2) or (3), respectively.
(B) Additional legislative action required.--In the
case of a State which the Secretary identifies as--
(i) requiring State legislation (other than
legislation appropriating funds) to conform its
regulatory program to the changes made in this
section, but
(ii) having a legislature which is not
scheduled to meet in the calendar year in which
the modifications under paragraph (2) or (3)
are made in a legislative session in which such
legislation may be considered,
the date specified in this paragraph is the first day
of the first calendar quarter beginning after the close
of the first legislative session of the State
legislature that begins on or after July 1 of the
calendar year referred to in clause (ii). For purposes
of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular
session of the State legislature.
SEC. 3. INFORMATION FOR MEDICARE BENEFICIARIES.
(a) Grant Program.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') is
authorized to provide grants to--
(A) private, independent, non-profit consumer
organizations, and
(B) State agencies,
to conduct programs to prepare and make available to medicare
beneficiaries comprehensive and understandable information on
enrollment in health plans with a medicare managed care
contract and in medicare supplemental policies in which they
are eligible to enroll. Nothing in this section shall be
construed as preventing the Secretary from making a grant to an
organization under this section to carry out activities for
which a grant may be made under section 4360 of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101-508).
(2) Consumer satisfaction surveys.--Any eligible
organization with a medicare managed care contract or any
issuer of a medicare supplemental policy shall--
(A) conduct, in accordance with minimum standards
approved by the Secretary, a consumer satisfaction
survey of the enrollees under such contract or such
policy; and
(B) make the results of such survey available to
the Secretary and the State Insurance Commissioner of
the State in which the enrollees are so enrolled.
The Secretary shall make the results of such surveys available
to organizations which receive grants under paragraph (1).
(3) Information.--
(A) Contents.--The information described in
paragraph (1) shall include at least a comparison of
such contracts and policies, including a comparison of
the benefits provided, quality and performance, the
costs to enrollees, the results of consumer
satisfaction surveys on such contracts and policies, as
described in subsection (a)(2), and such additional
information as the Secretary may prescribe.
(B) Information standards.--The Secretary shall
develop standards and criteria to ensure that the
information provided to medicare beneficiaries under a
grant under this section is complete, accurate, and
uniform.
(C) Review of information.--The Secretary may
prescribe the procedures and conditions under which an
organization that has obtained a grant under this
section may furnish information obtained under the
grant to medicare beneficiaries. Such information shall
be submitted to the Secretary at least 45 days before
the date the information is first furnished to such
beneficiaries.
(4) Consultation with other organizations and providers.--
An organization which receives a grant under paragraph (1)
shall consult with private insurers, managed care plan
providers and other health care providers, and public and
private purchasers of health care benefits in order to provide
the information described in paragraph (1).
(5) Terms and conditions.--To be eligible for a grant under
this section, an organization shall prepare and submit to the
Secretary an application at such time, in such form, and
containing such information as the Secretary may require.
Grants made under this section shall be in accordance with
terms and conditions specified by the Secretary.
(b) Cost-Sharing.--
(1) In general.--Each organization which provides a
medicare managed care contract or issues a medicare
supplemental policy (including a medicare select policy) shall
pay to the Secretary its pro rata share (as determined by the
Secretary) of the estimated costs to be incurred by the
Secretary in providing the grants described in subsection (a).
(2) Limitation.--The total amount required to be paid under
paragraph (1) shall not exceed $35,000,000 in any fiscal year.
(3) Application of proceeds.--Amounts received under
paragraph (1) are hereby appropriated to the Secretary to
defray the costs described in such paragraph and shall remain
available until expended.
(c) Definitions.--In this section:
(1) Medicare managed care contract.--The term ``medicare
managed care contract'' means a contract under section 1876 or
section 1833(a)(1)(A) of the Social Security Act.
(2) Medicare supplemental policy.--The term ``medicare
supplemental policy'' has the meaning given such term in
section 1882(g) of the Social Security Act. | Medigap Portability Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act with respect to Medicare supplemental (Medigap) policies, providing for additional consumer protections, among them: (1) guaranteeing policy issuance (with no preexisting condition exclusions and no discrimination in pricing because of the individual's health, claims experience, or disability) to certain individuals who have had continuous coverage (or no break in coverage longer than 63 days), if the policy in which they wish to enroll has a comparable or less generous benefits package; (2) prohibiting insurers from excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare; and (3) extending the six-month initial enrollment period to non-elderly Medicare beneficiaries.
Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medigap policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medigap policy to conduct a consumer satisfaction survey of the enrollees under such contract or policy, and make the results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medigap policy to pay to the Secretary its pro rata share of the estimated costs to be incurred in providing the grants. | {"src": "billsum_train", "title": "Medigap Portability Act of 1997"} | 3,590 | 371 | 0.569503 | 1.722455 | 0.743238 | 4.061093 | 10.565916 | 0.916399 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Stop Solid Waste Incineration Act
of 2005''.
SEC. 2. STATE IMPLEMENTATION PLANS.
(a) Submission of Plans.--Each State shall, after reasonable notice
and public hearings, adopt and submit to the Administrator of the
Environmental Protection Agency (referred to in this Act as the
``Administrator''), within one year after the enactment of this Act, a
3-year implementation plan to achieve each of the following:
(1) Increased recycling by at least 75 percent over the 3-
year period.
(2) Water source pollution reduction.
(3) The restriction of landfill dumping to materials that
are not recyclable or compostable.
(4) The phasing out of incineration of solid waste within 4
years and 6 months after the enactment of this Act.
(5) A waste reduction rate of 10 percent.
(6) An increase in composting of 10 percent.
(b) Procedures.--Each implementation plan submitted by a State
under this Act shall be adopted by the State after reasonable notice
and public hearing. No such plan may be implemented by the State until
approved by the Administrator under this Act. Each such plan shall--
(1) include enforceable limitations and other control
measures, means, or techniques, as well as schedules and
timetables for compliance, as may be necessary or appropriate
to meet the applicable requirements of this Act;
(2) provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to--
(A) monitor, compile, and analyze data on
compliance with this Act; and
(B) make such data available to the Administrator;
(3) include a program to provide for the enforcement of the
measures described in paragraph (1);
(4) provide for revision of such plan whenever the
Administrator finds on the basis of information available to
the Administrator that the plan is inadequate to comply with
the requirements established under this Act; and
(5) provide for consultation and participation by local
political subdivisions affected by the plan.
(c) Environmental Protection Agency Action on Plan Submissions.--
(1) Completeness of plan submissions.--
(A) Completeness criteria.--Within 6 months after
the date of the enactment of this Act, the
Administrator shall promulgate minimum criteria that
any plan submission must meet before the Administrator
is required to act on such submission under this
subsection. The criteria shall be limited to the
information necessary to enable the Administrator to
determine whether the plan submission complies with the
provisions of this Act.
(B) Completeness finding.--Within 6 months after
the Administrator's receipt of a plan or plan revision
under this Act, the Administrator shall determine
whether the plan or revision complies with this Act and
approve or reject the plan or plan revision. If the
plan is approved, the State shall begin implementation
immediately. If the plan is rejected, the Environmental
Protection Agency will inform the State why the plan
was rejected. That State then has 3 months to submit a
new plan.
(C) Effect of finding of incompleteness.--Where the
Administrator determines that any part of a plan
submission meets the requirements of this Act and
approves such part and disapproves the plan in part,
the State shall immediately implement the approved part
or parts and submit a revised plan respecting the
remaining parts within 3 months after the date of the
Administrator's disapproval.
(2) Deadline for action.--Within 12 months of a
determination by the Administrator (or a determination deemed
by operation of law) under paragraph (1) that a State has
submitted a plan or plan revision (or, in the Administrator's
discretion, part thereof) that meets the minimum criteria
established pursuant to paragraph (1), if applicable (or, if
those criteria are not applicable, within 12 months of
submission of the plan or revision), the Administrator shall
act on the submission in accordance with paragraph (3).
(3) Full and partial approval and disapproval.--In the case
of any submittal on which the Administrator is required to act
under paragraph (2), the Administrator shall approve such
submittal as a whole if it meets all of the applicable
requirements of this Act. If a portion of the plan revision
meets all the applicable requirements of this Act, the
Administrator may approve the plan revision in part and
disapprove the plan revision in part. The plan revision shall
not be treated as meeting the requirements of this Act until
the Administrator approves the entire plan revision as
complying with the applicable requirements of this Act.
(4) Conditional approval.--The Administrator may approve a
plan revision based on a commitment of the State to adopt
specific enforceable measures by a date certain, but not later
than 1 year after the date of approval of the plan revision.
Any such conditional approval shall be treated as a disapproval
if the State fails to comply with such commitment.
(5) Calls for plan revisions.--Whenever the Administrator
finds that the applicable implementation plan for any area is
substantially inadequate to comply with any requirement of this
Act, the Administrator shall require the State to revise the
plan as necessary to correct such inadequacies. The
Administrator shall notify the State of the inadequacies, and
may establish reasonable deadlines (not to exceed 6 months
after the date of such notice) for the submission of such plan
revisions. Such findings and notice shall be public.
(6) Corrections.--Whenever the Administrator determines
that the Administrator's action approving, disapproving, or
promulgating any plan or plan revision (or part thereof) was in
error, the Administrator may in the same manner as the
approval, disapproval, or promulgation revise such action as
appropriate without requiring any further submission from the
State. Such determination and the basis thereof shall be
provided to the State and public.
(d) Plan Revisions.--Each revision to an implementation plan
submitted by a State under this Act shall be adopted by such State
after reasonable notice and public hearing. The Administrator shall not
approve a revision of a plan if the revision would not comply with any
applicable requirement of this Act.
(e) Sanctions.--The Administrator may apply any of the sanctions
listed in section 2 whenever the Administrator makes a finding,
disapproval, or determination under section 2(a) in relation to any
plan.
(f) Federal Implementation Plans.--The Administrator shall
promulgate a Federal implementation plan at any time within 2 years
after the Administrator--
(1) finds that a State has failed to make a required
submission or finds that the plan or plan revision submitted by
the State does not satisfy the minimum criteria established
under this Act; or
(2) disapproves a State implementation plan submission in
whole or in part,
unless the State corrects the deficiency, and the Administrator
approves the plan or plan revision, before the Administrator
promulgates such Federal implementation plan.
SEC. 3. SANCTIONS.
(a) State Failure.--For any implementation plan or plan revision
required under this part or required in response to a finding of
substantial inadequacy as described in section 1, if the
Administrator--
(1) finds that a State has failed to submit a plan, or to
submit 1 or more of the elements (as determined by the
Administrator) required by the provisions of this Act;
(2) disapproves in whole or in part a plan submission under
section 1; and
(3) finds that any requirement of an approved plan (or
approved part of a plan) is not being implemented,
unless such deficiency has been corrected within 18 months after the
finding, disapproval, or determination referred to in paragraphs (1),
(2), and (3), the sanctions referred to in subsection (b) shall apply
until the Administrator determines that the State has come into
compliance.
(b) Sanctions.--(1) The Administrator may impose a prohibition,
applicable to a State, on the approval by the Secretary of
Transportation of any projects or the awarding by the Secretary of any
grants, under title 23, United States Code, other than projects or
grants for safety where the Secretary determines, based on accident or
other appropriate data submitted by the State, that the principal
purpose of the project is an improvement in safety to resolve a
demonstrated safety problem and likely will result in a significant
reduction in, or avoidance of, accidents. Such prohibition shall become
effective upon the selection by the Administrator of this sanction.
(2) In addition to safety, projects or grants that may be approved
by the Secretary, notwithstanding the prohibition in paragraph (1), are
the following--
(A) capital programs for public transit;
(B) construction or restriction of certain roads or lanes
solely for the use of passenger buses or high occupancy
vehicles;
(C) highway ramp metering, traffic signalization, and
related programs that improve traffic flow;
(D) fringe and transportation corridor parking facilities
serving multiple occupancy vehicle programs or transit
operations;
(E) programs to limit or restrict vehicle use in downtown
areas or other areas of emission concentration particularly
during periods of peak use, through road use charges, tolls,
parking surcharges, or other pricing mechanisms, vehicle
restricted zones or periods, or vehicle registration programs;
and
(F) programs for breakdown and accident scene management,
nonrecurring congestion, and vehicle information systems, to
reduce congestion.
SEC. 4. INCENTIVES.
(a) Grant Program.--The Administrator is authorized to make grants
to each State that phases out the incineration of solid waste prior to
the deadline established under this Act. Such grants are to be used for
the purpose of finding alternative, environmental friendly means of
solid waste disposal. The Administrator may make grants under this
subsection in the amount of--
(1) $60,000,000 to States that phase out the incineration
of solid waste within 1 year after the enactment of this Act;
(2) $40,000,000 to States that phase out the incineration
of solid waste within 2 years after the enactment of this Act;
and
(3) $25,000,000 to States that phase out the incineration
of solid waste within 3 years after the enactment of this Act.
(b) Interstate Waste Authority.--On the date that a State phases
out the incineration of solid waste, such State shall have the
authority to limit or restrict the importation of solid waste in such
State. | Stop Solid Waste Incineration Act of 2005 - Requires each State to adopt and submit to the Administrator of the Environmental Protection Agency (EPA) a three-year implementation plan to achieve: (1) increased recycling by at least 75 percent; (2) water source pollution reduction; (3) restriction of landfill dumping to materials that are not recyclable or compostable; (4) the phasing out of solid waste incineration within four years and six months after this Act's enactment; (5) a waste reduction rate of ten percent; and (6) an increase in composting of ten percent. Provides for Federal implementation plans for States that fail to meet plan submission and approval requirements. Authorizes the Administrator to impose a prohibition on the approval by the Secretary of Transportation of certain highway projects or awarding of highway grants applicable to a State that fails to submit a plan, has a plan submission disapproved, or fails to implement a requirement of an approved plan.Provides for grants to States that phase out the incineration of solid waste prior to the deadline established under this Act.Grants a State the authority to limit or restrict the importation of solid waste on the date the State phases out solid waste incineration. | {"src": "billsum_train", "title": "To phase out the incineration of solid waste, and for other purposes."} | 2,204 | 266 | 0.659181 | 1.919956 | 0.76983 | 4.463203 | 9.21645 | 0.948052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Territorial Health Parity Act of
2009''.
SEC. 2. MEDICAID PAYMENT PARITY FOR THE TERRITORIES.
(a) Elimination of Funding Limitations for Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, and American Samoa.--
(1) In general.--Section 1108 of the Social Security Act
(42 U.S.C. 1308) is amended--
(A) in subsection (f), in the matter before
paragraph (1), by striking ``subsection (g)'' and
inserting ``subsections (g) and (h)'';
(B) in subsection (g)(2), in the matter before
subparagraph (A), by inserting ``and subsection (h)''
after ``paragraph (3)''; and
(C) by adding at the end the following new
subsection:
``(h) Sunset of Funding Limitations for Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, and American Samoa.--
Subsections (f) and (g) shall not apply to Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands, and American Samoa for any
fiscal year after fiscal year 2009.''.
(2) Conforming amendment.--Section 1903(u) of such Act (42
U.S.C. 1396c(u)) is amended by striking paragraph (4).
(3) Effective date.--The amendments made by this subsection
shall apply beginning with fiscal year 2010.
(b) Parity in FMAP.--
(1) In general.--Section 1905(b)(2) of such Act (42 U.S.C.
1396d(b)(2)) is amended by inserting after ``50 per centum''
the following: ``(except that, beginning with fiscal year 2012,
the Federal medical assistance percentage for Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa shall be the Federal medical assistance
percentage determined by the Secretary in consultation (for the
Virgin Islands, Guam, the Northern Mariana Islands, and
American Samoa) with the Secretary of the Interior)''.
(2) 2-fiscal-year transition.--Notwithstanding any other
provision of law, during fiscal years 2010 and 2011, the
Federal medical assistance percentage established under section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) for
Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa shall be the highest such Federal
medical assistance percentage applicable to any of the 50
States or the District of Columbia for the fiscal year
involved, taking into account the application of subsections
(a) and (b)(1) of 5001 of division B of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5) to such States
and District for calendar quarters during such fiscal years for
which such subsections apply respectively.
(3) Per capita income data.--
(A) Report to congress.--Not later than October 1,
2010, the Secretary of Health and Human Services shall
submit to Congress a report that describes the per
capita income data used to promulgate the Federal
medical assistance percentage in the territories and
how such data differ from the per capita income data
used to promulgate Federal medical assistance
percentages for the 50 States and the District of
Columbia. The report should include recommendations on
how the Federal medical assistance percentages can be
calculated for the territories to ensure parity with
the 50 States and the District of Columbia.
(B) Application.--Section 1101(a)(8)(B) of the
Social Security Act (42 U.S.C. 1308(a)(8)(B)) is
amended--
(i) by striking ``(other than Puerto Rico,
the Virgin Islands, and Guam)'' and inserting
``(including Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, and
American Samoa)''; and
(ii) by inserting ``(or, if such
satisfactory data are not available in the case
of the Virgin Islands, Guam, the Northern
Mariana Islands, or American Samoa,
satisfactory data available from the Department
of the Interior for the same period, or if such
satisfactory data are not available in the case
of Puerto Rico, satisfactory data available
from the Government of the Commonwealth of
Puerto Rico for the same period)'' after
``Department of Commerce''.
(4) Relation to american recovery and reinvestment act of
2009.--For any period and territory in which the provisions of
this subsection apply to a territory, the provisions of section
5001(b)(2) of division B of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) shall not apply
(except as otherwise specifically provided in paragraph (2)).
SEC. 3. CLARIFICATION OF MEDICAID COVERAGE FOR CITIZENS OF FREELY
ASSOCIATED STATES.
(a) In General.--Section 402(b)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2))
is amended by adding at the end the following:
``(G) Medicaid exception for citizens of freely
associated states.--With respect to eligibility for
benefits for the program defined in paragraph (3)(C)
(relating to the Medicaid program), paragraph (1) shall
not apply to any individual who lawfully resides in the
United States (including territories and possessions of
the United States) in accordance with the Compacts of
Free Association between the Government of the United
States and the Governments of the Federated States of
Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau.''.
(b) Conforming Definition of Qualified Alien.--Section 431(b) of
such Act (8 U.S.C. 1641(b)) is amended--
(1) in paragraph (6), by striking ``or'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(8) an individual who lawfully resides in the United
States (including territories and possessions of the United
States) in accordance with a Compact of Free Association
referred to in section 402(b)(2)(G), but only with respect to
the program defined in section 402(b)(3)(C) (relating to the
Medicaid program).''.
(c) Setting FMAP at 100 Percent.--The third sentence of section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by
inserting before the period at the end the following: ``and as medical
assistance for individuals described in section 402(b)(2)(G) of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996''.
(d) Effective Date.--The amendments made by this Act take effect on
October 1, 2009, Act and apply to benefits and assistance provided on
or after that date. | Territorial Health Parity Act of 2009 - Amends title XI of the Social Security Act (SSA) to sunset at the end of FY2009 the limitation on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.
Amends SSA title XIX (Medicaid) to: (1) repeal, as of the end of FY2011, the federal medical assistance percentage (FMAP) of 50% that applies to such territories; and (2) set the new FMAP for such territories at one determined by the Secretary of Health and Human Services (Secretary) in consultation with the Secretary of the Interior. Specifies a transitional FMAP for such territories for FY2010-FY2011.
Requires the Secretary to report to Congress on the per capita income data used to promulgate the FMAP in the territories and how such data differ from the per capita income data used to promulgate FMAPs for the 50 states and the District of Columbia. Requires the report to include recommendations on how FMAPs can be calculated for the territories to ensure parity with the 50 states and the District of Columbia.
Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to extend the Medicaid program to the citizens of the Freely Associated States (Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau).
Amends SSA title XIX to set a 100% FMAP for otherwise qualified services rendered to such citizens. | {"src": "billsum_train", "title": "To amend the Social Security Act to provide for payment parity for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under the Medicaid Program, and for other purposes."} | 1,579 | 334 | 0.612817 | 1.823165 | 0.800346 | 3.952555 | 5.010949 | 0.886861 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Liberty Protection Act of
1999''.
SEC. 2. PROTECTION OF RELIGIOUS EXERCISE.
(a) General Rule.--Except as provided in subsection (b), a
government shall not substantially burden a person's religious
exercise--
(1) in a program or activity, operated by a government,
that receives Federal financial assistance; or
(2) in any case in which the substantial burden on the
person's religious exercise affects, or in which a removal of
that substantial burden would affect, commerce with foreign
nations, among the several States, or with Indian tribes,
even if the burden results from a rule of general applicability.
(b) Exception.--A government may substantially burden a person's
religious exercise if the government demonstrates that application of
the burden to the person--
(1) is in furtherance of a compelling governmental
interest; and
(2) is the least restrictive means of furthering that
compelling governmental interest.
(c) Remedies of the United States.--Nothing in this section shall
be construed to authorize the United States to deny or withhold Federal
financial assistance as a remedy for a violation of this Act. However,
nothing in this subsection shall be construed to deny, impair, or
otherwise affect any right or authority of the Attorney General or the
United States or any agency, officer, or employee thereof under other
law, including section 4(d) of this Act, to institute or intervene in
any action or proceeding.
SEC. 3. ENFORCEMENT OF CONSTITUTIONAL RIGHTS.
(a) Procedure.--If a claimant produces prima facie evidence to
support a claim alleging a violation of the Free Exercise Clause or a
violation of a provision of this Act enforcing that clause, the
government shall bear the burden of persuasion on any element of the
claim; however, the claimant shall bear the burden of persuasion on
whether the challenged government practice, law, or regulation burdens
or substantially burdens the claimant's exercise of religion.
(b) Land Use Regulation.--
(1) Limitation on land use regulation.--
(A) Where, in applying or implementing any land use
regulation or exemption, or system of land use
regulations or exemptions, a government has the
authority to make individualized assessments of the
proposed uses to which real property would be put, the
government may not impose a substantial burden on a
person's religious exercise, unless the government
demonstrates that application of the burden to the
person is in furtherance of a compelling governmental
interest and is the least restrictive means of
furthering that compelling governmental interest.
(B) No government shall impose or implement a land
use regulation in a manner that does not treat
religious assemblies or institutions on equal terms
with nonreligious assemblies or institutions.
(C) No government shall impose or implement a land
use regulation that discriminates against any assembly
or institution on the basis of religion or religious
denomination.
(D) No government with zoning authority shall
unreasonably exclude from the jurisdiction over which
it has authority, or unreasonably limit within that
jurisdiction, assemblies or institutions principally
devoted to religious exercise.
(2) Full faith and credit.--Adjudication of a claim of a
violation of the Free Exercise Clause or this subsection in a
non-Federal forum shall be entitled to full faith and credit in
a Federal court only if the claimant had a full and fair
adjudication of that claim in the non-Federal forum.
(3) Nonpreemption.--Nothing in this subsection shall
preempt State law that is equally or more protective of
religious exercise.
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert a violation of this Act
as a claim or defense in a judicial proceeding and obtain appropriate
relief against a government. Standing to assert a claim or defense
under this section shall be governed by the general rules of standing
under article III of the Constitution.
(b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
(1) by inserting ``the Religious Liberty Protection Act of
1998,'' after ``Religious Freedom Restoration Act of 1993,'';
and
(2) by striking the comma that follows a comma.
(c) Prisoners.--Any litigation under this Act in which the claimant
is a prisoner shall be subject to the Prison Litigation Reform Act of
1995 (including provisions of law amended by that Act).
(d) Authority of United States To Enforce This Act.--The United
States may sue for injunctive or declaratory relief to enforce
compliance with this Act.
SEC. 5. RULES OF CONSTRUCTION.
(a) Religious Belief Unaffected.--Nothing in this Act shall be
construed to authorize any government to burden any religious belief.
(b) Religious Exercise Not Regulated.--Nothing in this Act shall
create any basis for restricting or burdening religious exercise or for
claims against a religious organization, including any religiously
affiliated school or university, not acting under color of law.
(c) Claims to Funding Unaffected.--Nothing in this Act shall create
or preclude a right of any religious organization to receive funding or
other assistance from a government, or of any person to receive
government funding for a religious activity, but this Act may require
government to incur expenses in its own operations to avoid imposing a
burden or a substantial burden on religious exercise.
(d) Other Authority To Impose Conditions on Funding Unaffected.--
Nothing in this Act shall--
(1) authorize a government to regulate or affect, directly
or indirectly, the activities or policies of a person other
than a government as a condition of receiving funding or other
assistance; or
(2) restrict any authority that may exist under other law
to so regulate or affect, except as provided in this Act.
(e) Governmental Discretion in Alleviating Burdens on Religious
Exercise.--A government may avoid the preemptive force of any provision
of this Act by changing the policy that results in the substantial
burden on religious exercise, by retaining the policy and exempting the
burdened religious exercise, by providing exemptions from the policy
for applications that substantially burden religious exercise, or by
any other means that eliminates the substantial burden.
(f) Effect on Other Law.--In a claim under section 2(a)(2) of this
Act, proof that a substantial burden on a person's religious exercise,
or removal of that burden, affects or would affect commerce, shall not
establish any inference or presumption that Congress intends that any
religious exercise is, or is not, subject to any other law.
(g) Broad Construction.--This Act should be construed in favor of a
broad protection of religious exercise, to the maximum extent permitted
by its terms and the Constitution.
(h) Severability.--If any provision of this Act or of an amendment
made by this Act, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.
Nothing in this Act shall be construed to affect, interpret, or in
any way address that portion of the first amendment to the Constitution
prohibiting laws respecting an establishment of religion (referred to
in this section as the ``Establishment Clause''). Granting government
funding, benefits, or exemptions, to the extent permissible under the
Establishment Clause, shall not constitute a violation of this Act. As
used in this section, the term ``granting'', used with respect to
government funding, benefits, or exemptions, does not include the
denial of government funding, benefits, or exemptions.
SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.
(a) Definitions.--Section 5 of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb-2) is amended--
(1) in paragraph (1), by striking ``a State, or subdivision
of a State'' and inserting ``a covered entity or a subdivision
of such an entity'';
(2) in paragraph (2), by striking ``term'' and all that
follows through ``includes'' and inserting ``term `covered
entity' means''; and
(3) in paragraph (4), by striking all after ``means,'' and
inserting ``any exercise of religion, whether or not compelled
by, or central to, a system of religious belief, and includes
(A) the use, building, or conversion of real property by a
person or entity intending that property for religious
exercise; and (B) any conduct protected as exercise of religion
under the first amendment to the Constitution.''.
(b) Conforming Amendment.--Section 6(a) of the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking
``and State''.
SEC. 8. DEFINITIONS.
As used in this Act--
(1) the term ``religious exercise'' means any exercise of
religion, whether or not compelled by, or central to, a system
of religious belief, and includes (A) the use, building, or
conversion of real property by a person or entity intending
that property for religious exercise; and (B) any conduct
protected as exercise of religion under the first amendment to
the Constitution;
(2) the term ``Free Exercise Clause'' means that portion of
the first amendment to the Constitution that proscribes laws
prohibiting the free exercise of religion and includes the
application of that proscription under the 14th amendment to
the Constitution;
(3) the term ``land use regulation'' means a law or
decision by a government that limits or restricts a private
person's uses or development of land, or of structures affixed
to land, where the law or decision applies to one or more
particular parcels of land or to land within one or more
designated geographical zones, and where the private person has
an ownership, leasehold, easement, servitude, or other property
interest in the regulated land, or a contract or option to
acquire such an interest;
(4) the term ``program or activity'' means a program or
activity as defined in paragraph (1) or (2) of section 606 of
the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a);
(5) the term ``demonstrates'' means meets the burdens of
going forward with the evidence and of persuasion; and
(6) the term ``government''--
(A) means--
(i) a State, county, municipality, or other
governmental entity created under the authority
of a State;
(ii) any branch, department, agency,
instrumentality, subdivision, or official of an
entity listed in clause (i); and
(iii) any other person acting under color
of State law; and
(B) for the purposes of sections 3(a) and 5,
includes the United States, a branch, department,
agency, instrumentality or official of the United
States, and any person acting under color of Federal
law.
Passed the House of Representatives July 15, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Religious Liberty Protection Act of 1999 - Prohibits a government (defined as a State, an entity created under State authority, the United States, an instrumentality or official of the United States, or any person acting under color of State or Federal law) from substantially burdening a person's religious exercise: (1) in a government-operated program or activity receiving Federal financial assistance; or (2) in any case in which the burden affects, or in which removal of the burden would affect, international or interstate commerce or commerce with Indian tribes. Allows a substantial burden if the government demonstrates that it is the least restrictive means of furthering a compelling governmental interest. (Sec. 3) Places the burden of persuasion, when a claimant alleges a violation of the Free Exercise Clause or this Act, on: (1) the claimant regarding whether a substantial burden exists; and (2) the State regarding any other element of the claim. Prohibits a State, when applying a land use regulation or exemption in which the State has the authority to make individual assessments of proposed uses, from imposing a substantial burden unless the State demonstrates a that the burden is the least restrictive means of furthering a compelling governmental interest. Prohibits a State from: (1) imposing a land use regulation in a way that does not treat religious assemblies or institutions on equal terms with nonreligious assemblies or institutions; (2) imposing a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination; or (3) unreasonably excluding or limiting from a jurisdiction assemblies or institutions principally devoted to religious exercise. Declares that adjudication of a claim of a violation of the Free Exercise Clause or this paragraph in a non-Federal forum shall be entitled to full faith and credit in a Federal court only if the claimant had a full and fair adjudication of that claim in the non-Federal forum. Declares that this Act does not preempt State law that is equally or more protective of religious exercise. (Sec. 4) Empowers a person to assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government, with standing governed by general standing rules under article III of the Constitution. Amends Federal law to add a reference to the Religious Liberty Protection Act of 1998 (sic) to provisions allowing the award of attorney's fees. Applies the Prison Litigation Reform Act of 1995 to litigation under this Act by prisoners. Empowers the United States to sue for injunctive or declaratory relief to enforce this Act. (Sec. 5) Declares that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for burdening religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive government funding or assistance or of any person to receive government funding for a religious activity (but allows this Act to require government to incur expenses in its own operations to avoid imposing a burden or a substantial burden on religious exercise); (4) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. Declares that this Act should be construed in favor of broad protection of religious exercise, to the maximum extent permitted by its terms and the Constitution. (Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion). (Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to end its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean any exercise of religion, whether or not compelled by or central to a system of religious belief, including: (1) the use, building, or converting of real property for religious exercise; and (2) any conduct protected as a religious exercise under the first amendment to the Constitution. (Sec. 8) Defines, for this Act, religious exercise to mean any exercise of religion, whether or not compelled by or central to a system of religious belief, including: (1) the use, building, or converting of real property for religious exercise; and (2) any conduct protected as a religious exercise under the first amendment to the Constitution. | {"src": "billsum_train", "title": "Religious Liberty Protection Act of 1999"} | 2,594 | 1,055 | 0.717174 | 2.494573 | 0.760252 | 4.992325 | 2.519737 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Resilience Development Act
of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) According to the New England Journal of Medicine, after
September 11, 2001, Americans across the country, including
children, had substantial symptoms of stress. Even clinicians
who practice in regions that are far from the sites of the
attacks should be prepared to assist people with trauma-related
symptoms of stress.
(2) According to Military Medicine, experiences from the
1995 chemical weapons attack by terrorists in the Tokyo subway
system suggest that psychological casualties from a chemical
attack will outnumber physical casualties by approximately 4 to
1.
(3) According to Military Medicine, victims from the 1995
Tokyo attack continued to suffer from psychological symptoms 5
years later.
(4) According to the Journal of the American Medical
Association, the lessons learned from the 2001 anthrax attacks
should motivate local health departments, health care
organizations, and clinicians to engage in collaborative
programs to enhance their communications and local preparedness
and response capabilities.
(5) According to the Institute of Medicine of the National
Academy of Sciences, the Department of Health and Human
Services and the Department of Homeland Security should analyze
terrorism preparedness to ensure that the public health
infrastructure is prepared to respond to the psychological
consequences of terrorism, and Federal, State, and local
disaster planers should address these psychological
consequences in their planning and preparedness for terrorist
attacks.
(6) According to a national study by leading health care
foundations, in this time of growing threats of terrorism, many
doctors and other primary care providers are increasingly being
confronted with patients who complain of aches and pains, or
more serious symptoms, which mask serious anxiety or
depression.
(7) Substantial effort and funding are still needed to
adequately understand and prepare for the psychological
consequences associated with bioterrorism.
(8) The integration of mental health into public health
efforts, including integration and cooperation across Federal
agencies and State public health and mental health authorities,
is critical in addressing the psychological needs of the Nation
with regard to terrorism.
SEC. 3. GOALS.
The goals of this Act are as follows:
(1) To coordinate the efforts of different government
agencies in researching, developing, and implementing programs
and protocols designed to increase the psychological resilience
and mitigate distress reactions and maladaptive behaviors of
the American public as they relate to terrorism.
(2) To facilitate the work of the Department of Homeland
Security by incorporating programs and protocols designed to
increase the psychological resilience, and mitigate distress
reactions and maladaptive behaviors, of the American public
into the Department's efforts in reducing the vulnerability of
the United States to terrorism.
(3) To identify effective interventions to the harmful
psychosocial consequences of disasters and to integrate these
interventions into the United States' plans to mitigate, plan
for, respond to, and recover from potential and actual
terrorist attacks.
(4) To enable the States and localities to effectively
respond to the psychosocial consequences of terrorism.
(5) To integrate mental health and public health emergency
preparedness and response efforts in the United States.
SEC. 4. INTERAGENCY TASK FORCE ON NATIONAL RESILIENCE.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by inserting after section 319K the following:
``SEC. 319L. INTERAGENCY TASK FORCE ON NATIONAL RESILIENCE.
``(a) Establishment.--The Secretary shall convene and lead an
interagency task force for the purpose of increasing the psychological
resilience and mitigating distress reactions and maladaptive behaviors
of the American public in preparation for, and in response to, a
conventional, biological, chemical, or radiological attack on the
United States.
``(b) Members.--The task force convened under this section shall
include the Director of the Centers for Disease Control and Prevention,
the Director of the National Institute of Mental Health, the
Administrator of the Substance Abuse and Mental Health Services
Administration, the Administrator of the Health Resources and Services
Administration, the Director of the Office of Public Health Emergency
Preparedness, the Surgeon General of the Public Health Service, and
such other members as the Secretary deems appropriate.
``(c) Duties.--The duties of the task force convened under this
section shall include the following:
``(1) Coordinating and facilitating the efforts of the
Centers for Disease Control and Prevention, the National
Institute of Mental Health, the Substance Abuse and Mental
Health Services Administration, the Health Resources and
Services Administration, the Office of Public Health Emergency
Preparedness, and the Office of the Surgeon General of the
Public Health Service in their endeavors to develop programs
and protocols designed to increase the psychological resilience
and mitigate distress reactions and maladaptive behaviors of
the American public in preparation for, and in response to, a
conventional, biological, chemical, or radiological attack on
the United States.
``(2) Consulting with, and providing guidance to, the
Department of Homeland Security in its efforts to integrate
into its efforts in reducing the vulnerability of the United
States to terrorism, programs and protocols designed to
increase the psychological resilience and mitigate distress
reactions and maladaptive behaviors of the American public in
preparation for, and in response to, a conventional,
biological, chemical, or radiological attack on the United
States.
``(3) Consulting with the Department of Defense, the
Department of Veterans Affairs, the American Red Cross,
national organizations of health care and health care
providers, and such other organizations and agencies as the
task force deems appropriate.
``(4) Consulting with and providing guidance to the States
for the purpose of enabling them to effectively respond to the
psychosocial consequences of terrorism.
``(5) Developing strategies for encouraging State public
health and mental health agencies to closely collaborate in the
development of integrated, science-based programs and protocols
designed to increase the psychological resilience and mitigate
distress reactions and maladaptive behaviors of the public in
preparation for, and in response to, a conventional,
biological, chemical, or radiological attack on the United
States.
``(6) Preparing and presenting to the Secretary of Health
and Human Services and the Secretary of Homeland Security
specific recommendations on how their respective departments,
agencies, and offices can strengthen existing and planned
terrorism preparedness, response, recovery, and mitigation
initiatives by integrating programs and protocols designed to
increase the psychological resilience and mitigate distress
reactions and maladaptive behaviors of the American public.
``(d) Meetings.--The task force convened under this section shall
meet not less than 4 times each year.
``(e) Staff.--The Secretary shall staff the task force as necessary
to ensure it meets the goals set forth in section 3 of the National
Resilience Development Act of 2003.''.
SEC. 5. MENTAL HEALTH ACTIVITIES OF STATES, DISTRICT OF COLUMBIA, AND
TERRITORIES REGARDING NATIONAL RESILIENCE.
(a) Public Health Service Act.--
(1) Authorization.--Subsection (d) of section 319C-1 of the
Public Health Service Act (42 U.S.C. 247d-3a) is amended by
inserting after paragraph (18) the following:
``(19) To enable State mental health authorities, in close
collaboration with the respective State public health
authorities and the interagency task force convened under
section 319L, to better understand and manage human emotional,
behavioral, and cognitive responses to disasters, including by
increasing the psychological resilience of the public and
mitigating distress reactions and maladaptive behaviors that could
occur in response to a conventional, biological, chemical, or
radiological attack on the United States.''.
(2) Funding.--Subparagraph (B) of section 319C-1(j)(1) of
the Public Health Service Act (42 U.S.C. 247d-3a(j)(1)) is
amended by adding at the end the following: ``Not less than 1
percent of the amounts appropriated pursuant to this
subparagraph shall be used for the purpose of carrying out
subsection (d)(19).''.
(b) USA Patriot Act.--
(1) Authorization.--Subsection (b) of section 1014 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. 3714) is amended--
(A) by striking ``may be used to purchase'' and
inserting ``may be used for the following:
``(1) To purchase'';
(B) by striking ``In addition, grants under this
section may be used to construct'' and inserting the
following:
``(2) To construct''; and
(C) by inserting at the end the following:
``(3) To enable State mental health authorities, in close
collaboration with the respective State public health
authorities and the interagency task force convened under
section 319L of the Public Health Service Act, to better
understand and manage human emotional, behavioral, and
cognitive responses to disasters, including by increasing the
psychological resilience of the public and mitigating distress
reactions and maladaptive behaviors that could occur in
response to a conventional, biological, chemical, or
radiological attack on the United States.''.
(2) Funding.--Subsection (c) of section 1014 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. 3714) is amended by adding at the end
the following:
``(4) Mental health preparedness.--Not less than 1 percent
of the amounts appropriated pursuant to this subsection shall
be used for the purpose of carrying out subsection (b)(3).''.
SEC. 6. EFFORTS BY FEMA REGARDING NATIONAL RESILIENCE.
Paragraph (2) of section 507(a) of the Homeland Security Act of
2002 (6 U.S.C. 317(a)) is amended--
(1) in subparagraph (D), by striking ``; and'' at the end
and inserting a semicolon;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) of integrating into each of the Federal
Emergency Management Agency's functions of mitigation,
planning, response, and recovery, efforts to increase
communities' psychological resilience and decrease
distress reactions and maladaptive behaviors in
individuals, and of coordinating such efforts with
efforts by the interagency task force convened under
section 319L of the Public Health Service Act and other
efforts by the Department of Homeland Security.''.
SEC. 7. ANNUAL REPORT BY SECRETARIES OF HHS AND HOMELAND SECURITY.
Not less than 1 year after the date of the enactment of this Act
and annually thereafter, the Secretary of Health and Human Services and
the Secretary of Homeland Security, acting jointly, shall submit a
report to the Congress that includes the following:
(1) The recommendations of the interagency task force
convened under section 319L of the Public Health Service Act
(as amended by section 4 of this Act) that are relevant to the
Department of Health and Human Services or the Department of
Homeland Security.
(2) A description of the steps that have or have not been
taken by each Federal department to implement the
recommendations described in paragraph (1).
(3) Thorough explanations for rejection of any
recommendations made by the interagency task force convened
under section 319L.
(4) Other steps undertaken to meet the goals of this Act. | National Resilience Development Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to convene and lead an interagency task force for the purposes of mitigating distress reactions and maladaptive behaviors in Americans and increasing their psychological resilience in preparation for, and in response to, a conventional, biological, chemical, or radiological attack on the United States. Directs the task force to coordinate and facilitate the efforts of various public bodies to develop programs and protocols to achieve such purposes.
Amends the Act and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001 to permit certain grants to go to activities aimed at enabling State mental health authorities, in coordination with State public health authorities and the interagency task force, to better understand and manage human emotional, behavioral, and cognitive responses to disasters. States that such efforts shall include increasing the psychological resilience of the public and mitigating distress reactions and maladaptive behaviors that could occur in response to an attack.
Amends the Homeland Security Act of 2002 to direct the Federal Emergency Management Agency to integrate into each of its functions of mitigation, planning, response, and recovery, efforts to increase communities' psychological resilience and decrease distress reactions and maladaptive behaviors in individuals. Directs that FEMA take such measures in coordination with the interagency task force and other efforts by the Department of Homeland Security. | {"src": "billsum_train", "title": "To improve homeland security by providing for national resilience in preparation for, and in the event of, a terrorist attack, and for other purposes."} | 2,528 | 314 | 0.575643 | 2.079517 | 0.872514 | 4.769517 | 8.795539 | 0.925651 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responder Anthrax Preparedness
Act''.
SEC. 2. PRE-EVENT ANTHRAX VACCINATION PROGRAM FOR EMERGENCY RESPONSE
PROVIDERS.
(a) Anthrax Preparedness.--
(1) In general.--Title V of the Homeland Security Act of
2002 (Public Law 107-296; 6 U.S.C. 311 et seq.) is amended by
adding at the end the following new section:
``SEC. 526. ANTHRAX PREPAREDNESS.
``(a) Pre-Event Anthrax Vaccination Program for Emergency Response
Providers.--For the purpose of domestic preparedness for and collective
response to terrorism, the Secretary, in coordination with the
Secretary of Health and Human Services, shall establish a program to
provide anthrax vaccines from the strategic national stockpile under
section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-
6b(a)) that will be nearing the end of their labeled dates of use at
the time such vaccines are to be administered to emergency response
providers who are at high risk of exposure to anthrax and who
voluntarily consent to such administration, and shall--
``(1) establish any necessary logistical and tracking
systems to facilitate making such vaccines so available;
``(2) distribute disclosures regarding associated benefits
and risks to end users; and
``(3) conduct outreach to educate emergency response
providers about the voluntary program.
``(b) Threat Assessment.--The Secretary shall--
``(1) support homeland security-focused risk analysis and
risk assessments of the threats posed by anthrax from an act of
terror;
``(2) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance prevention,
protection, response, and recovery efforts with respect to an
anthrax terror attack; and
``(3) share information and provide tailored analytical
support on threats posed by anthrax to State, local, and tribal
authorities, as well as other national biosecurity and
biodefense stakeholders.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by inserting at the end of the
items relating to title V the following new item:
``Sec. 526. Anthrax preparedness.''.
(b) Pilot Program.--
(1) In general.--In carrying out the pre-event vaccination
program authorized in section 526(a) of the Homeland Security
Act of 2002, as added by subsection (a), the Secretary of
Homeland Security, in coordination with the Secretary of Health
and Human Services, shall carry out a pilot program to provide
anthrax vaccines to emergency response providers as so
authorized. The duration of the pilot program shall be 24
months from the date the initial vaccines are administered to
participants.
(2) Preliminary requirements.--By not later than 1 year
after the date of the enactment of this Act, and prior to
implementing the pilot program under paragraph (1), the
Secretary of Homeland Security shall--
(A) establish a communication platform for the
pilot program;
(B) establish education and training modules for
the pilot program;
(C) conduct economic analysis of the pilot program;
and
(D) create a logistical platform for the anthrax
vaccine request process under the pilot program.
(3) Location.--In carrying out the pilot program under this
subsection, the Secretary of Homeland Security shall select
emergency response providers based in at least two States for
participation in the pilot program.
(4) Distribution of information.--The Secretary of Homeland
Security shall provide to each emergency response provider who
participates in the pilot program under this subsection
disclosures and educational materials regarding the associated
benefits and risks of any vaccine provided under the pilot
program and of exposure to anthrax.
(5) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter until 1 year
after the completion of the pilot program, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and the Committee on Energy and Commerce of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the progress and
results of the pilot program, including the percentage of
eligible emergency response providers, as determined by each
pilot location, that volunteer to participate, the degree to
which participants obtain necessary vaccinations, as
appropriate, and recommendations to improve initial and
recurrent participation in the pilot program. The report shall
include a plan under which the Secretary plans to continue the
program to provide vaccines to emergency response providers
under section 526(a) of the Homeland Security Act of 2002, as
added by subsection (a).
(6) Deadline for implementation.--The Secretary of Homeland
Security shall begin implementing the pilot program under this
subsection by not later than the date that is 1 year after the
date of the enactment of this Act.
Passed the House of Representatives July 29, 2015.
Attest:
KAREN L. HAAS,
Clerk. | First Responder Anthrax Preparedness Act (Sec. 2) Amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS), in coordination with the Department of Health and Human Services (HHS), for the purpose of domestic preparedness for and collective response to terrorism, to: (1) establish a program to provide surplus anthrax vaccines nearing the end of their labeled dates of use from the strategic national stockpile for administration to emergency response providers who are at high risk of exposure to anthrax and who voluntarily consent to such administration, (2) distribute disclosures regarding associated benefits and risks to end users, and (3) conduct outreach to educate emergency response providers about the program. Requires DHS to: (1) support homeland security-focused risk analysis and assessments of the threats posed by anthrax from an act of terror; (2) leverage homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to an anthrax terror attack; and (3) share information and provide tailored analytical support on threats posed by anthrax to state, local, and tribal authorities, as well as other national biosecurity and biodefense stakeholders. Directs DHS, in coordination with HHS, to carry out a 24-month pilot program to provide anthrax vaccines to emergency response providers. Requires DHS to: (1) establish a communication platform and education and training modules for such program, (2) conduct economic analysis of such program, (3) create a logistical platform for the anthrax vaccine request process, (4) select providers based in at least two states to participate, (5) provide to each participating provider disclosures and educational materials regarding the benefits and risks of any vaccine provided and of exposure to anthrax, and (6) submit annual reports on pilot program results and recommendations to improve pilot program participation. Requires the report to include a plan for continuation of the DHS program to provide vaccines to emergency response providers. | {"src": "billsum_train", "title": "First Responder Anthrax Preparedness Act"} | 1,111 | 419 | 0.732717 | 2.118494 | 0.901546 | 5.486772 | 2.677249 | 0.941799 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liability Insurance in Event of
Spill Act'' or the ``LINES Act''.
SEC. 2. DEFINITIONS.
Section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701) is
amended--
(1) by redesignating paragraphs (9), (10), (11), (12)
through (15), (16) through (24), (25), (26), (27), (28), (29),
(30), (31), (32), (33), (34) through (37), (38), (39), (40),
(41), (42), (43), and (44) as paragraphs (10), (13), (14), (17)
through (20), (22) through (30), (32), (33), (36), (35), (37),
(39), (38), (40), (41), (43) through (46), (34), (9), (11),
(12), (21), (31), and (42), respectively; and
(2) by inserting after paragraph (14) (as redesignated) the
following:
``(15) Great lakes pipeline.--The term `Great Lakes
pipeline' means any pipeline that crosses the navigable waters
of the Great Lakes system.
``(16) Great lakes system.--The term `Great Lakes system'
means--
``(A) Lake Ontario, Lake Erie, Lake Huron
(including Lake St. Clair), Lake Michigan, and Lake
Superior, and the connecting channels (Saint Mary's
River, Saint Clair River, Detroit River, Niagara River,
and Saint Lawrence River to the Canadian border); and
``(B) any tributary of a lake or connecting channel
described in subparagraph (A).''.
SEC. 3. LIABILITY FOR GREAT LAKES PIPELINES.
Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C.
2704(a)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) for a Great Lakes pipeline, the total of all removal
costs plus $75,000,000.''.
SEC. 4. FINANCIAL RESPONSIBILITY REQUIREMENT FOR GREAT LAKES PIPELINES.
Section 1016(c) of the Oil Pollution Act of 1990 (33 U.S.C.
2716(c)) is amended--
(1) in the subsection heading, by inserting ``and Great
Lakes Pipelines'' after ``Facilities''; and
(2) by adding at the end the following:
``(3) Great lakes pipelines.--A responsible party with
respect to a Great Lakes pipeline shall establish and maintain
evidence of financial responsibility in the same manner as
described in paragraph (1).''.
SEC. 5. EMERGENCY ORDER AUTHORITY.
Section 60117(o) of title 49, United States Code, is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary may issue an emergency
order described in paragraph (3) to impose emergency
restrictions, prohibitions, and safety measures on owners and
operators of hazardous liquid pipeline facilities, without
prior notice or an opportunity for a hearing, to the extent
necessary to abate an imminent hazard described in subparagraph
(A), comply with the conditions referred to in subparagraph
(B), or acquire the necessary insurance or other resources
needed to respond to an oil spill referred to in subparagraph
(C) if the Secretary--
``(A) determines that an unsafe condition or
practice, or a combination of unsafe conditions and
practices, constitutes or is causing an imminent
hazard;
``(B) discovers reliable evidence that the pipeline
is violating conditions required for its operation that
were previously agreed upon between the responsible
party and a State, tribal, or local government; or
``(C) after consultation with the Administrator of
the Environmental Protection Agency and the Commandant
of the Coast Guard, determines that--
``(i) inadequate resources are available to
respond to and clean up an oil spill during
seasonal conditions or conditions expected or
caused by an extreme weather event; or
``(ii) the responsible party cannot
demonstrate, through any of the methods
described in section 1016(e) of the Oil
Pollution Act of 1990 (33 U.S.C. 2716(e)) that
it has sufficient financial resources to
satisfy the liability limits described in
section 1004 of such Act (33 U.S.C. 2704) in
the event of an oil spill incident.''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by inserting ``(i)'' before ``the
violation''; and
(ii) by adding at the end the following:
``(ii) evidence that the pipeline is
violating required operating conditions; or
``(iii) the reasons that responsible
party's existing resources are inadequate to
remedy either of the situations described in
paragraph (1)(C);''; and
(B) in subparagraph (E)--
(i) by inserting ``(i)'' before ``how the
order''; and
(ii) by striking ``and'' at the end and
inserting the following:
``(ii) what the responsible party shall be
required to do to ensure that the pipeline
complies with applicable operating conditions;
or
``(iii) the resources that the responsible
party shall be required to acquire to remedy
either of the situations described in paragraph
(1)(C); and''. | Liability Insurance in Event of Spill Act or the LINES Act This bill amends the Oil Pollution Act of 1990 to cap the liability of parties that are responsible for oil discharges from a Great Lakes pipeline (any pipeline that crosses the navigable waters of the Great Lakes system) to the total of all removal costs plus $75 million. A responsible party with respect to a Great Lakes pipeline must establish and maintain evidence of financial responsibility (e.g., evidence of insurance or a bond) in a certain amount. Under current law, the Department of Transportation (DOT) may issue an emergency order to impose restrictions, prohibitions, and safety measures on owners and operators of gas or hazardous liquid pipeline facilities without prior notice or an opportunity for a hearing if they are necessary to abate an imminent hazard. This bill eliminates DOT's emergency order authority with respect to gas pipeline facilities. The bill expands DOT's emergency order authority with respect to hazardous liquid pipeline facilities, including by allowing DOT to impose restrictions, prohibitions, and safety measures if it: (1) discovers reliable evidence that the pipeline is violating conditions required for its operation that were previously agreed upon between the responsible party and a state, tribal, or local government; or (2) determines, after consultation with the Environmental Protection Agency and the U.S. Coast Guard, that inadequate resources are available to respond to and clean up an oil spill during seasonal conditions or conditions expected or caused by an extreme weather event, or the responsible party cannot demonstrate that it has sufficient financial resources to satisfy the liability limits in the event of an oil spill incident. | {"src": "billsum_train", "title": "Liability Insurance in Event of Spill Act"} | 1,281 | 345 | 0.464916 | 1.503155 | 0.641822 | 4.396104 | 4.045455 | 0.896104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stormwater Enforcement and
Permitting Act of 2006''.
SEC. 2. GREATER SPECIFICITY IN INFORMATION REQUESTS AND OPPORTUNITY FOR
CORRECTIVE ACTION.
(a) Inspections, Monitoring, and Entry.--Section 308(a)(A)(v) of
the Federal Water Pollution Act (33 U.S.C. 1318(a)(A)(v)) is amended--
(1) by striking ``other information as he'' and inserting
``other information pertaining to such point source as the
Administrator''; and
(2) by striking ``reasonably require'' and inserting
``reasonably request within 90 days of the date of the request
or such shorter time period as the Administrator determines is
necessary to address an imminent and substantial endangerment
to public health or welfare or the environment''.
(b) Corrective Action for Residential Construction Sites.--Section
309 of such Act (33 U.S.C. 1319) is amended by adding at the end the
following:
``(h) Corrective Action for Residential Construction Sites.--
``(1) In general.--In the course of an inspection of a site
at which a residential construction activity is being or will
be carried out or based on information obtained under section
308(a) relating to such a site, if the Administrator or the
authorized representative of the Administrator discovers a
violation of a permit condition relating to such site that has
not resulted in a discharge of stormwater and provides written
notice of such violation to the operator of such site, the
Administrator or such representative shall provide the operator
a reasonable opportunity to correct the identified violation
before initiation of an enforcement action.
``(2) Subsequent violation.--If the Administrator or the
authorized representative of the Administrator subsequently
inspects or requests information regarding a residential
construction site for which an opportunity for corrective
action was provided under paragraph (1) and discovers a
violation of the same permit condition that was corrected under
paragraph (1) or for which such opportunity to correct was
provided, the operator of such site shall not be provided a
further opportunity to correct under this subsection before
initiation of an enforcement action.
``(3) Limitation on authority of administrator.--The
Administrator shall not exercise any authority under this
section (other than under this subsection) during the period
that the operator of a residential construction site is
provided an opportunity to correct a violation of a permit
condition that has not resulted in the discharge of
stormwater.''.
(c) Limitation on Actions During Opportunity to Correct.--Section
309(g)(6)(A) of such Act (33 U.S.C. 1319(g)(6)(A)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by inserting ``or'' after the comma at the end of
clause (iii); and
(3) by inserting after clause (iii) the following:
``(iv) for which the Administrator or the
authorized representative of the Administrator
has provided the operator of a residential
construction site an opportunity to correct
under subsection (h),''.
SEC. 3. PAPERWORK LIMITATIONS FOR RESIDENTIAL CONSTRUCTION SITES.
Section 402(l) of the Federal Water Pollution Control Act (33
U.S.C. 1342(l)) is amended by adding at the end the following:
``(3) Stormwater runoff from residential construction
sites.--
``(A) In general.--The Administrator shall not
require a permit, nor shall the Administrator directly
or indirectly require any State to require a permit,
under this section for stormwater runoff from any site
at which a residential construction activity is being
or will be carried out if--
``(i) such runoff enters a municipal
separate storm sewer system that is covered by
a permit to which subsection (p) applies and
the operator of such site is in compliance with
requirements imposed by the permittee for such
system to control stormwater runoff; or
``(ii) such site, during the period of the
residential construction activity, has minimal
potential for soil erosion caused by rainfall
or overland flow due to soil type, geology,
amount and force of precipitation, and other
conditions.
``(B) Minimal potential for soil erosion defined.--
For purposes of this paragraph, a residential
construction site has minimal potential for soil
erosion if the erosivity factor for the site during the
period of the residential construction activity is less
than 5 as calculated based on the latest version of the
revised universal soil loss equation developed by the
Department of Agriculture, unless the Administrator
determines, after notice and an opportunity for public
comment, that some other technical standard is more
appropriate to measure the erosivity value of
residential construction sites and adopts, by
regulation, such standard for purposes of this
paragraph.''.
SEC. 4. FEDERAL ENFORCEMENT.
Section 402(p) of the Federal Water Pollution Control Act (33
U.S.C. 1342(p)) is amended by adding at the end the following:
``(7) Federal enforcement of state permits authorizing
stormwater discharges from residential construction activity.--
``(A) In general.--Notwithstanding subsection (i),
the Administrator shall not exercise authority under
section 309 with respect to a permit, issued by a State
under a program approved under subsection (b) and
authorizing a stormwater discharge from a site at which
a residential construction activity is being or will be
carried out, unless one of the following conditions
applies:
``(i) The Administrator determines that
such a discharge has flowed or will flow across
a State line or onto a Federal facility or
Indian tribal lands.
``(ii) Such permit was issued under a State
program that the Administrator has suspended or
withdrawn under subsection (c).
``(iii) After taking into consideration all
of the terms, conditions, and requirements of
such permit, the Administrator determines
that--
``(I) a stormwater discharge from
such site results in imminent and
substantial endangerment to public
health or welfare or the environment;
and
``(II) additional actions are
likely to be necessary to remove such
endangerment.
``(B) Limitation on transfers to states.--If the
Administrator receives or is awarded a fine or penalty
for violation of a permit issued under this section by
a State for a site on which a residential construction
activity is being or will be carried out through an
action brought under section 309 based on any of the
conditions set forth in clauses (i), (ii), and (iii) of
subparagraph (A), the Administrator may not transfer,
disburse, allocate, or otherwise pay all or any part of
such fine or penalty to the State that issued the
permit.''.
SEC. 5. NOTIFICATION TO POINT SOURCE OPERATORS AT RESIDENTIAL
CONSTRUCTION SITES.
Section 402(p) of the Federal Water Pollution Control Act (33
U.S.C. 1342(p)) is further amended by adding at the end the following:
``(8) Notification of permit requirements for stormwater
discharges from residential construction sites.--
``(A) Stormwater informational pamphlet program.--
Not later than 180 days after the date of enactment of
this paragraph, the Administrator shall establish, by
regulation, a program that will provide for
development, and distribution to operators of
residential construction sites, of an informational
pamphlet.
``(B) Pamphlet contents.--Under the program,
operators of residential construction sites shall
receive an informational pamphlet explaining, at a
minimum, permitting requirements under this section for
stormwater discharges from a site at which a
residential construction activity is being or will be
carried out (including the permitting requirements of
subsections (a) and (b) and this subsection and any
applicable regulations issued to carry out this
section) and fines and penalties that may arise from
violations of such requirements. The pamphlet shall
also include contact information for appropriate
permitting authorities.
``(C) Deadline for pamphlet development.--Under the
program--
``(i) the pamphlet or pamphlets shall be
developed for distribution not later than 180
days after the date of the issuance of the
regulation establishing the program;
``(ii) operators of residential
construction sites shall be informed of the
availability of the pamphlets; and
``(iii) a pamphlet shall be given to an
operator of a residential construction site at
the earliest appropriate point in the process
under which the operator is seeking approval
from a local government to carry out the
residential construction activity.
``(D) Consultation.--The Administrator shall
consult with State and interstate water pollution
control administrators and other affected interests in
establishing the program.''.
SEC. 6. GENERAL PERMITS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is further amended by adding at the end the following:
``(r) General Permits on a State, Regional, or Nationwide Basis.--
``(1) In general.--In carrying out responsibilities and
functions of the Administrator or a State under a program
approved under subsection (b) relating to the discharge of
pollutants under this section, the Administrator or the State
may issue a general permit on a State, regional, or nationwide
basis to cover any category of discharges, sludge use, disposal
practices, or facilities.
``(2) General permit term.--No general permit issued under
this section shall be for a period of more than 5 years after
the date of its issuance.
``(3) Notice.--Before issuing a general permit under this
section, the Administrator or State shall provide to the public
notice and opportunity to comment on such permit for a period
of 45 days.
``(4) Review not required.--The Administrator or State is
not required to specifically review, approve, or provide notice
and an opportunity for a public hearing and comment on, any
application for a discharge under a general permit issued under
this section.
``(5) Effective period for preexisting general permits.--
Any general permit issued under this section by the
Administrator or a State before the date of enactment of this
subsection shall remain in effect under the terms and
conditions in effect on the date of its issuance.''.
SEC. 7. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(25) Residential construction activity.--The term
`residential construction activity' means a construction
activity associated with the development and construction of
housing of any type, including structures accessory or
appurtenant thereto and any facilities or infrastructure
necessary to serve such housing.
``(26) Operator.--The term `operator' means, as used with
respect to a site at which a residential construction activity
is being or will be carried out, a person, including a
governmental entity, that--
``(A) has operational control over construction
plans and specifications, including the ability to make
modifications to those plans and specifications; or
``(B) has day-to-day operational control over the
construction activity that is necessary to ensure
compliance with any applicable permit conditions and
other regulatory requirements under this Act.''. | Stormwater Enforcement and Permitting Act of 2006 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to require the owner or operator of any point source to provide information necessary to address an imminent and substantial endangerment to public health or welfare or the environment.
Requires the Administrator to provide an operator a reasonable opportunity to correct a violation of a permit condition for a site with residential construction activity before initiation of an enforcement action, if such violation has not resulted in a discharge of stormwater. Prohibits more than one opportunity to correct violations of the same condition.
Prohibits the Administrator from requiring a permit for stormwater runoff from such a site if: (1) the runoff enters a municipal separate storm sewer system that is covered by a permit and the operator is in compliance with runoff requirements; and (2) such site has minimal potential for soil erosion.
Prohibits the Administrator from exercising enforcement authority with respect to a state permit that authorizes stormwater discharge from such a site unless: (1) such a discharge flows across a state line or onto a federal facility or Indian tribal lands; (2) such permit was issued under a state program that the Administrator has suspended or withdrawn; or (3) a discharge results in imminent and substantial endangerment to public health or welfare or the environment.
Prohibits the Administrator from paying any state penalty for a violation of a permit for such a discharge.
Requires the Administrator to establish a program that will develop and distribute to site operators a pamphlet that explains permitting requirements for stormwater discharges.
Authorizes the Administrator or the state to issue a general permit for no more than five years on a state, regional, or nationwide basis to cover any category of discharges, sludge use, disposal practices, or facilities.
Declares that the Administrator or state is not required to review, approve, or provide an opportunity for public comment on any application for a discharge under a general permit. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to provide more effective permitting and enforcement mechanisms for stormwater discharges associated with residential construction activity."} | 2,573 | 450 | 0.650874 | 2.027069 | 0.890426 | 3.876316 | 6.015789 | 0.934211 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The Pokagon Band of Potawatomi Indians is the
descendant of, and political successor to, the signatories of
the Treaty of Greenville 1795 (7 Stat. 49); the Treaty of
Grouseland 1805 (7 Stat. 91); the Treaty of Spring Wells 1815
(7 Stat. 131); the Treaty of the Rapids of the Miami of Lake
Erie 1817 (7 Stat. 160); the Treaty of St. Mary's 1818 (7 Stat.
185); the Treaty of Chicago 1821 (7 Stat. 218); the Treaty of
the Mississinewa on the Wabash 1826 (7 Stat. 295); the Treaty
of St. Joseph 1827 (7 Stat. 305); the Treaty of St. Joseph 1828
(7 Stat. 317); the Treaty of Tippecanoe River 1832 (7 Stat.
399); and the Treaty of Chicago 1833 (7 Stat. 431).
(2) In the Treaty of Chicago 1833, the Pokagon Band of
Potawatomi Indians was the only band that negotiated a right to
remain in Michigan. The other Potawatomi bands relinquished all
lands in Michigan and were required to move to Kansas or Iowa.
(3) Two of the Potawatomi bands later returned to the Great
Lakes area, the Forest County Potawatomi of Wisconsin and the
Hannahville Indian Community of Michigan.
(4) The Hannahville Indian Community of Michigan, the
Forest County Potawatomi Community of Wisconsin, the Prairie
Band of Potawatomi Indians of Kansas, and the Citizen Band
Potawatomi Indian Tribe of Oklahoma, whose members are also
descendants of the signatories to one or more of the
aforementioned treaties, have been recognized by the Federal
Government as Indian tribes eligible to receive services from
the Secretary of the Interior.
(5) Beginning in 1935, the Pokagon Band of Potawatomi
Indians petitioned for reorganization and assistance pursuant
to the Act of June 18, 1934 (25 U.S.C. 461 et seq., commonly
referred to as the ``Indian Reorganization Act''). Because of
the financial condition of the Federal Government during the
Great Depression it relied upon the State of Michigan to
provide services to the Pokagon Band. Other Potawatomi bands,
including the Forest County Potawatomi and the Hannahville
Indian Community were provided services pursuant to the Indian
Reorganization Act.
(6) Agents of the Federal Government in 1939 made an
administrative decision not to provide services or extend the
benefits of the Indian Reorganization Act to any Indian tribes
in Michigan's lower peninsula.
(7) Tribes elsewhere, including the Hannahville Indian
Community in Michigan's upper peninsula, received services from
the Federal Government and were extended the benefits of the
Indian Reorganization Act.
(8) The Pokagon Band of Potawatomi Indians consists of at
least 1,500 members who continue to reside close to their
ancestral homeland in the St. Joseph River Valley in
southwestern Michigan and northern Indiana.
(9) In spite of the denial of the right to organize under
the Indian Reorganization Act, the Pokagon Band has continued
to carry out its governmental functions through a Business
Committee and Tribal Council from treaty times until today.
(10) The United States Government, the government of the
State of Michigan, and local governments have had continuous
dealings with the recognized political leaders of the Band from
1795 until the present.
SEC. 2. FEDERAL RECOGNITION.
Federal recognition of the Pokagon Band of Potawatomi Indians is
hereby affirmed. Except as otherwise provided in this Act, all Federal
laws of general application to Indians and Indian tribes, including the
Act of June 18, 1934 (25 U.S.C. 461 et seq.), shall apply with respect
to the Band and its members.
SEC. 3. SERVICES.
Notwithstanding any other provision of law, the Band and its
members shall be eligible, on and after the date of the enactment of
this Act, for all Federal services and benefits furnished to federally
recognized Indian tribes without regard to the existence of a
reservation for the Band or the location of the residence of any member
on or near an Indian reservation.
SEC. 4. TRIBAL MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Band shall submit to the Secretary membership rolls consisting
of all individuals eligible for membership in such Band. The
qualifications for inclusion on the membership rolls of the Band shall
be determined by the membership clauses in the Band's governing
documents, in consultation with the Secretary. Upon completion of the
rolls, the Secretary shall immediately publish notice of such in the
Federal Register. The Bands shall ensure that such rolls are maintained
and kept current.
SEC. 5. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Secretary shall conduct, by
secret ballot and in accordance with the provisions of section
16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to
adopt a constitution and bylaws for the Band.
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of enactment of this Act shall
be the interim governing documents for the Band.
(b) Officials.--
(1) Election.--Not later than 6 months after the Band
adopts a constitution and bylaws pursuant to subsection (a),
the Secretary shall conduct elections by secret ballot for the
purpose of electing officials for the Band as provided in the
Band's constitution. The election shall be conducted according
to the procedures described in subsection (a), except to the
extent that such procedures conflict with the Band's
constitution.
(2) Interim government.--Until such time as the Band elects
new officials pursuant to paragraph (1), the Band's governing
body shall be the governing body in place on the date of the
enactment of this Act, or any new governing body selected under
the election procedures specified in the interim governing
documents of the Band.
SEC. 6. TRIBAL LANDS.
The Band's tribal land shall consist of all real property,
including the land upon which the Tribal Hall is situated, now or
hereafter held by, or in trust for, the Band. The Secretary shall
acquire real property for the Band. Any such real property shall be
taken by the Secretary in the name of the United States in trust for
the benefit of the Band and shall become part of the Band's
reservation.
SEC. 7. SERVICE AREA.
The Band's service area shall consist of the Michigan counties of
Allegan, Berrien, Van Buren, and Cass and the Indiana counties of La
Porte, St. Joseph, Elkhart, Starke, Marshall, and Kosciusko.
SEC. 8. JURISDICTION.
The Band shall have jurisdiction to the full extent allowed by law
over all lands taken into trust for the benefit of the Band by the
Secretary. The Band shall exercise jurisdiction over all its members
who reside within the service area in matters pursuant to the Indian
Child Welfare Act, 25 U.S.C. 1901 et seq., as if the members were
residing upon a reservation as defined in that Act.
SEC. 9. DEFINITIONS.
For purposes of this Act--
(1) the term ``Band'' means the Pokagon Band of Potawatomi
Indians;
(2) the term ``member'' means those individuals eligible
for enrollment in the Band pursuant to section 4; and
(3) the term ``Secretary'' means the Secretary of the
Interior. | Affirms Federal recognition of, and provides Federal services to, the Pokagon Band of Potawatomi Indians.
States that the Band's service area shall consist of specified counties in Michigan and Indiana. | {"src": "billsum_train", "title": "To restore Federal services to the Pokagon Band of Potawatomi Indians."} | 1,734 | 47 | 0.570998 | 1.543637 | 0.352266 | 3.722222 | 43.027778 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Lunar Landing Anniversary
Commemorative Coin Act''.
SEC. 2. FIRST LUNAR LANDING COMMEMORATIVE COIN.
The Secretary of the Treasury (in this Act referred to as the
``Secretary'') shall mint and issue coins in accordance with this Act
to commemorate the 25th Anniversary of the first lunar landing.
SEC. 3. COIN SPECIFICATIONS.
(a) Issuance.--The Secretary of the Treasury shall mint and issue
not more than 500,000 1-dollar coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Design.--
(1) Requirements.--The design of the coins issued under
subsection (A) shall be emblematic of the first lunar landing
and shall include--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1994''; and
(C) inscriptions of the words--
(i) ``Liberty'';
(ii) ``In God We Trust'';
(iii) ``United States of America''; and
(iv) ``E Pluribus Unum''.
(2) Selection of design.--The design of the coins minted
under this Act shall be--
(A) selected by the Secretary after consultation
with the Administrator of the National Aeronautics and
Space Administration; and
(B) reviewed by the Citizens Commemorative Coin
Advisory Committee in accordance with section 5134 of
title 31, United States Code.
(c) Legal Tender.--The coins minted under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
SEC. 4. 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 (50 U.S.C. 98 et seq.).
SEC. 5. ISSUANCE OF COINS.
(a) Commencement of Issuance.--The Secretary may issue the coins
minted under this Act beginning on January 1, 1994.
(b) Termination of Authority.--Coins may not be minted under this
Act after December 31, 1994.
(c) Quality of Coins.--The coins minted under this Act shall be
issued in uncirculated and proof qualities.
(d) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of coins minted under this
Act.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The Secretary shall sell the coins minted under
this Act at as price equal to the face value plus the cost of
designing, minting, and issuing the coins (including labor, materials,
dies, use of machinery, overhead expenses, marketing, and shipping) and
the surcharge provided in subsection (d).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount to reflect the lower
cost of the sales.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins minted under this Act. To fill the orders, the Secretary
shall sell the coins at a reasonable discount to reflect the benefit of
prepayment.
(d) Surcharges.--All sales of coins minted under this Act shall
include a surcharge of $5 per coin.
SEC. 7. USE OF SURCHARGES.
Notwithstanding section 5134 of title 32, United States Code, and
subject to section 9 of this Act, surcharges received from the sale of
coins minted under this Act shall be paid by the Secretary as follows:
(1) Neil armstrong air and space museum.--Twenty-five
percent of the surcharges shall be paid to the Ohio Historic
Preservation Association to be used for the Neil Armstrong Air
and Space Museum, located in Wapakoneta, Ohio.
(2) National air and space museum.--Twenty-five percent of
the surcharges shall be paid to the Secretary of the
Smithsonian Institution to be used for the National Air and
Space Museum.
(3) Reduction of national debt.--Fifty percent of the
surcharges shall be transferred to the general fund of the
Treasury for the purpose of reducing the national debt.
SEC. 8. AUDITS.
As a condition of receiving the surcharges paid under section 7,
the Ohio Historic Preservation Association shall allow the Comptroller
General of the United States to examine the books, records, documents,
and other data of the Ohio Historic Preservation Association that may
be related to the expenditure by the Association of surcharges paid
under section 7.
SEC. 9. FINANCIAL REQUIREMENT.
The Secretary shall take actions necessary to ensure that the
minting and issuance of the coins under this Act will not result in any
net cost to the Federal Government.
SEC. 10. PROCUREMENT REGULATIONS.
(a) Waiver.--Except as provided in subsection (b), no provision of
law applicable to procurement or public contracts shall be applicable
to the procurement of goods or services relating to the minting and
issuing of the coins issued under 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. 11. NUMISMATIC PUBLIC ENTERPRISE FUND.
Subject to section 7 of this Act, the coins minted under this Act
are numismatic items for purposes of subchapter III, chapter 51,
subtitle IV of title 31, United States Code. | First Lunar Landing Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar coins to commemorate the 25th anniversary of the first lunar landing.
Mandates that surcharges received from coin sales be paid to: (1) the Neil Armstrong Air and Space Museum (Wapakoneta, Ohio): (2) the Smithsonian Institution for the National Air and Space Museum; and (3) the Treasury for reduction of the national debt. | {"src": "billsum_train", "title": "First Lunar Landing Anniversary Commemorative Coin Act"} | 1,311 | 99 | 0.525904 | 1.313003 | 0.367095 | 3.804598 | 12.862069 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Suicide Prevention for American
Veterans Act''.
SEC. 2. EXTENSION OF ELIGIBILITY FOR DOMICILIARY CARE FOR CERTAIN
VETERANS WHO SERVED IN A THEATER OF COMBAT OPERATIONS.
Section 1710(e)(3)(A) of title 38, United States Code, is amended
by striking ``period of five years'' and inserting ``period of 15
years''.
SEC. 3. REVIEW OF CHARACTERIZATION OR TERMS OF DISCHARGE FROM THE ARMED
FORCES OF INDIVIDUALS WITH MENTAL HEALTH DISORDERS
ALLEGED TO AFFECT TERMS OF DISCHARGE.
(a) In General.--The Secretaries of the military departments shall
each provide for a process by which a covered individual may challenge
the terms or characterization of the individual's discharge or
separation from the Armed Forces.
(b) Covered Individuals.--For purposes of this section, a covered
individual is any individual as follows:
(1) An individual who was discharged or separated from the
Armed Forces for a personality disorder.
(2) An individual who--
(A) was discharged or separated from the Armed
Forces on a punitive basis, or under other than
honorable conditions; and
(B) who alleges that the basis for such discharge
or separation was a mental health injury or disorder
incurred or aggravated by the individual during service
in the Armed Forces.
(c) Discharge of Process Through Boards of Corrections of
Records.--The Secretary of a military department shall carry out the
process required by subsection (a) through boards for the correction of
military records of the military department concerned.
(d) Considerations on Modification of Terms of Discharge or
Separation.--In deciding whether to modify the terms or
characterization of an individual's discharge or separation pursuant to
the process required by subsection (a), the Secretary of the military
department concerned shall instruct boards to give due consideration to
any mental health injury or disorder determined to have been incurred
or aggravated by the individual during service in the Armed Forces and
to what bearing such injury or disorder may have had on the
circumstances surrounding the individual's discharge or separation from
the Armed Forces.
SEC. 4. IMPROVEMENT OF MENTAL HEALTH CARE PROVIDED BY DEPARTMENT OF
VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE.
(a) Evaluations of Mental Health Care and Suicide Prevention
Programs.--
(1) In general.--Not less frequently than once each year,
the Secretary concerned shall provide for the conduct of an
evaluation of the mental health care and suicide prevention
programs carried out under the laws administered by such
Secretary.
(2) Elements.--Each evaluation conducted under paragraph
(1) shall--
(A) use metrics that are common among and useful
for practitioners in the field of mental health care
and suicide prevention;
(B) identify the most effective mental health care
and suicide prevention programs conducted by the
Secretary concerned; and
(C) propose best practices for caring for
individuals who suffer from mental health disorders or
are at risk of suicide.
(3) Third party.--Each evaluation conducted under paragraph
(1) shall be conducted by an independent third party
unaffiliated with the Department of Veterans Affairs and the
Department of Defense.
(b) Training of Providers.--
(1) In general.--The Secretary concerned shall train all
providers of health care under the laws administered by such
Secretary on the following:
(A) Recognizing if an individual is at risk of
suicide.
(B) Treating or referring for treatment an
individual who is at risk of suicide.
(C) Recognizing the symptoms of posttraumatic
stress disorder.
(2) Dissemination of best practices.--The Secretary
concerned shall ensure that best practices for identifying
individuals at risk of suicide and providing quality mental
health care are disseminated to providers of health care under
the laws administered by such Secretary.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Veterans Affairs with respect to
matters concerning the Department of Veterans Affairs; and
(2) the Secretary of Defense with respect to matters
concerning the Department of Defense.
SEC. 5. COLLABORATION BETWEEN DEPARTMENT OF VETERANS AFFAIRS AND
DEPARTMENT OF DEFENSE ON HEALTH CARE MATTERS.
(a) Timeline for Implementing Interoperable Electronic Health
Records.--
(1) In general.--Section 1635 of the Wounded Warrior Act
(10 U.S.C. 1071 note) is amended by adding at the end the
following new subsection:
``(k) Timeline.--In carrying out this section, the Secretary of
Defense and the Secretary of Veterans Affairs shall ensure that--
``(1) the creation of a health data authoritative source by
the Department of Defense and the Department of Veterans
Affairs that can be accessed by multiple providers and
standardizes the input of new medical information is achieved
not later than 180 days after the date of the enactment of this
subsection;
``(2) the ability of patients of both the Department of
Defense and the Department of Veterans Affairs to download the
medical records of the patient (commonly referred to as the
`Blue Button Initiative') is achieved not later than 180 days
after the date of the enactment of this subsection;
``(3) the full interoperability of personal health care
information between the Departments is achieved not later than
one year after the date of the enactment of this subsection;
``(4) the acceleration of the exchange of real-time data
between the Departments is achieved not later than one year
after the date of the enactment of this subsection;
``(5) the upgrade of the graphical user interface to
display a joint common graphical user interface is achieved not
later than one year after the date of the enactment of this
subsection; and
``(6) each current member of the Armed Forces and the
dependent of such a member may elect to receive an electronic
copy of the health care record of the individual beginning not
later than June 30, 2015.''.
(2) Conforming amendments.--Section 1635 of such Act is
further amended--
(A) in subsection (a), by striking ``The
Secretary'' and inserting ``In accordance with the
timeline described in subsection (k), the Secretary'';
and
(B) in the matter preceding paragraph (1) of
subsection (e), by inserting ``in accordance with
subsection (k)'' after ``under this section''.
(b) Establishment of Uniform Prescription Formulary.--The Secretary
of Veterans Affairs and the Secretary of Defense shall jointly
establish a uniform prescription formulary for use in prescribing
medication under the laws administered by the Secretary of Veterans
Affairs and the laws administered by the Secretary of Defense.
SEC. 6. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN
PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION.
(a) Establishment.--The Secretary of Veterans Affairs shall carry
out a pilot program to repay loans of individuals described in
subsection (b) that--
(1) were used by such individuals to finance education
relating to psychiatric medicine, including education leading
to--
(A) an undergraduate degree;
(B) a degree of doctor of medicine; or
(C) a degree of doctor of osteopathy; and
(2) were obtained from any of the following:
(A) A governmental entity.
(B) A private financial institution.
(C) A school.
(D) Any other authorized entity as determined by
the Secretary.
(b) Eligible Individuals.--
(1) In general.--Subject to paragraph (2), an individual
eligible for participation in the pilot program is an
individual who--
(A) either--
(i) is licensed or eligible for licensure
to practice psychiatric medicine in the
Veterans Health Administration of the
Department of Veterans Affairs; or
(ii) is enrolled in the final year of a
residency program leading to a specialty
qualification in psychiatric medicine that is
approved by the Accreditation Council for
Graduate Medical Education; and
(B) demonstrates a commitment to a long-term career
as a psychiatrist in the Veterans Health
Administration, as determined by the Secretary.
(2) Prohibition on simultaneous eligibility.--An individual
who is participating in any other program of the Federal
Government that repays the educational loans of the individual
is not eligible to participate in the pilot program.
(c) Selection.--The Secretary shall select not less than 10
individuals described in subsection (b) to participate in the pilot
program for each year in which the Secretary carries out the pilot
program.
(d) Period of Obligated Service.--The Secretary shall enter into an
agreement with each individual selected under subsection (c) in which
such individual agrees to serve a period of obligated service for the
Veterans Health Administration in the field of psychiatric medicine, as
determined by the Secretary.
(e) Loan Repayments.--
(1) Amounts.--Subject to paragraph (2), a loan repayment
under this section may consist of payment of the principal,
interest, and related expenses of a loan obtained by an
individual who is participating in the pilot program for all
educational expenses (including tuition, fees, books, and
laboratory expenses) of such individual relating to education
described in subsection (a)(1).
(2) Limit.--For each year of obligated service that an
individual who is participating in the pilot program agrees to
serve under subsection (d), the Secretary may pay not more than
$60,000 in loan repayment on behalf of such individual.
(f) Breach.--
(1) Liability.--An individual who participates in the pilot
program and fails to satisfy the period of obligated service
under subsection (d) shall be liable to the United States, in
lieu of such obligated service, for the amount that has been
paid or is payable to or on behalf of the individual under the
pilot program, reduced by the proportion that the number of
days served for completion of the period of obligated service
bears to the total number of days in the period of obligated
service of such individual.
(2) Repayment period.--Any amount of damages that the
United States is entitled to recover under this subsection
shall be paid to the United States not later than one year
after the date of the breach of the agreement.
(g) Report.--
(1) In general.--Not later than 90 days after the date on
which the pilot program terminates under subsection (i), the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The overall effect of the pilot program on the
psychiatric workforce shortage of the Veterans Health
Administration.
(B) The long-term stability of the psychiatric
workforce of the Veterans Health Administration.
(C) Strategies of the Veterans Health
Administration to improve and increase the ability of
the Administration to promote the physical and mental
resiliency of all veterans.
(h) Regulations.--The Secretary shall prescribe regulations to
carry out this section, including standards for qualified loans and
authorized payees and other terms and conditions for the making of loan
repayments.
(i) Termination.--The authority to carry out the pilot program
shall expire on the date that is three years after the date on which
the Secretary commences the pilot program.
SEC. 7. COMPTROLLER GENERAL STUDY ON PAY DISPARITIES OF PSYCHIATRISTS
OF VETERANS HEALTH ADMINISTRATION.
(a) Study.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study of pay disparities among
psychiatrists of the Veterans Health Administration of the
Department of Veterans Affairs.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An examination of laws, regulations, practices,
and policies, including salary flexibilities, that
contribute to such disparities.
(B) Recommendations for legislative or regulatory
action to improve equity in pay among such
psychiatrists.
(b) Report.--Not later than one year after the date on which the
Comptroller General completes the study under subsection (a), the
Comptroller General shall submit to the Committee on Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House of
Representatives a report containing the results of the study. | Suicide Prevention for American Veterans Act - Extends from 5 to 15 years the period of eligibility for hospital care, medical services, and nursing home care for veterans who served on active duty in a theater of combat operations after the Persian Gulf War or against a hostile force during a period of hostilities after November 11, 1998. Requires the Secretaries of the military departments to provide a process by which a covered individual may challenge the terms or characterization of his or her discharge or separation from the Armed Forces. Defines "covered individual" as any individual who: (1) was discharged or separated from the Armed Forces for a personality disorder; or (2) was discharged or separated from the Armed Forces on a punitive basis, or under other than honorable conditions, and who alleges that the basis for such discharge or separation was a mental health injury or disorder incurred or aggravated by the individual during service in the Armed Forces. Requires the Secretary of Defense (DOD) and the Secretary of Veteran Affairs (VA) to: (1) conduct an evaluation of mental health care and suicide prevention programs carried out in DOD and VA; (2) train all providers of health care in such Departments on recognizing the risk of suicide, treating or referring for treatment an individual who is at risk of suicide, and recognizing the symptoms of posttraumatic stress disorder; and (3) ensure that best practices for identifying individuals at risk of suicide and for providing quality mental health care are disseminated to providers of health care in such Departments. Amends the Wounded Warrior Act to require the DOD Secretary and the VA Secretary, in implementing electronic health record systems that provide for the full interoperability of personal health care information between the Departments of Defense and Veterans Affairs, to ensure that: (1) a health data authoritative source that can be accessed by multiple providers and that standardizes the input of new medical information is created within 180 days, (2) the ability of patients of both Departments to download their medical records is achieved within 180 days, (3) full interoperability of personal health care information between the Departments is achieved within one year, (4) acceleration of the exchange of real-time data between the Departments is achieved within one year, (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved within one year, and (6) current members of the Armed Forces and their dependents may elect to receive an electronic copy of their health care records beginning not later than June 30, 2015. Directs the VA Secretary to carry out a three-year pilot program to repay the educational loans of individuals who: (1) are licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration or are enrolled in the final year of an accredited residency program in psychiatric medicine, and (2) demonstrate a commitment to a long-term career as a psychiatrist in the Veterans Health Administration. Directs the Comptroller General (GAO) to study and report on pay disparities among psychiatrists of the Veterans Health Administration. | {"src": "billsum_train", "title": "Suicide Prevention for American Veterans Act"} | 2,833 | 671 | 0.663189 | 2.201729 | 0.731851 | 4.308998 | 4.286927 | 0.906621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employment Eligibility Verification
and Anti-Identity Theft Act''.
SEC. 2. REQUIRING AGENCIES TO SEND ``NO-MATCH'' LETTERS.
(a) Social Security Administration.--The Commissioner of the Social
Security Administration shall send a written notice to a person or
entity each time that the combination of name and Social Security
account number submitted by the person or entity for an individual does
not match Social Security Administration records.
(b) Department of Homeland Security.--The Secretary of Homeland
Security shall send a written notice to a person or entity each time
that such Secretary determines that an immigration status document or
employment authorization document presented or referenced by an
individual during the process of completing the attestations required
by the person or entity for employment eligibility verification was
assigned to another person, or that there is no agency record that the
document was assigned to any person.
SEC. 3. REQUIRING EMPLOYERS TO TAKE ACTION UPON RECEIPT OF A ``NO-
MATCH'' LETTER.
Beginning on the date that is 6 months after the date of the
enactment of this Act, a person or entity that has received a written
notice under section 2 shall, within 3 business days of receiving such
notice, verify the individual's employment authorization and identity
through the verification system established under section 4.
SEC. 4. VERIFICATION SYSTEM.
Not later than 6 months after the date of enactment of this Act,
the Secretary of Homeland Security, in consultation with the
Commissioner of the Social Security Administration, as appropriate,
shall establish and administer a verification system through which
persons or entities that have received written notice under section 2
shall verify an individual's employment authorization and identity.
SEC. 5. DESIGN AND OPERATION OF SYSTEM.
The verification system established under section 4 shall be
designed and operated--
(1) to maximize its reliability and ease of use, consistent
with insulating and protecting the privacy and security of the
underlying information;
(2) to respond to all required inquiries under this Act
regarding whether individuals are authorized to be employed and
to register all times when such inquiries are not received;
(3) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of
personal information; and
(4) to have reasonable safeguards against the system's
resulting in unlawful discriminatory practices based on
national origin or citizenship status, including--
(A) the selective or unauthorized use of the system
to verify eligibility;
(B) the use of the system prior to an offer of
employment; or
(C) the exclusion of certain individuals from
consideration for employment as a result of a perceived
likelihood that additional verification will be
required, beyond what is required for most job
applicants.
SEC. 6. EXTENSION OF TIME.
If a person or entity in good faith attempts to make an inquiry
during the time period specified and the verification system
established under section 4 has registered that not all inquiries were
received during such time, the person or entity may make an inquiry on
the first subsequent working day in which the verification system
registers that it has received all inquiries. If the verification
system cannot receive inquiries at all times during a day, the person
or entity merely has to assert that the entity attempted to make the
inquiry on that day for the previous sentence to apply to such an
inquiry, and does not have to provide any additional proof concerning
such inquiry.
SEC. 7. RETENTION OF PROOF OF VERIFICATION COMPLETION.
After completion of the verification process established under
section 4, a person or entity shall retain a paper, microfiche,
microfilm, or electronic version of the form received through the
verification process (or, in the case of a telephonic verification, a
paper, microfiche, microfilm, or electronic record of the telephonic
verification code number) and make it available for inspection by
officers of the Department of Homeland Security, the Special Counsel
for Immigration-Related Unfair Employment Practices, or the Department
of Labor for 3 years after the date on which the form or telephonic
verification code number was received.
SEC. 8. TERMINATION OF EMPLOYMENT.
(a) Burden on Individual To Resolve Errors.--If a person or entity
has received an initial nonverification regarding an individual from
the verification system established under section 4, the person or
entity shall notify the individual in writing within 1 business day of
such receipt. In such notice, the person or entity shall advise the
individual that the burden is on the individual to resolve any error in
the verification mechanism not later than 30 days after the date on
which the notice is issued. Such notice shall also state that the
person or entity shall be required to verify once again the
individual's employment authorization and identity through the
verification system established under section 4, and to terminate any
employment in the United States, and any recruitment, hiring, or
referral for employment in the United States, of the individual, if a
final nonverification is received.
(b) Additional Verification.--A person or entity that has issued a
notice under subsection (a) shall, within 33 business days of such
issuance, verify once again the individual's employment authorization
and identity through the verification system established under section
4. Sections 6 and 7 shall apply to such final verification in the same
manner as such sections applied to the initial verification.
SEC. 9. FINAL VERIFICATION.
(a) Within 7 days of receiving final nonverification for an
individual, the person or entity issued a notice under section 8(a) of
this Act shall provide the Commissioner of Social Security with a copy
of such individual's verification form as described in section
274A(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(b)(3)) in addition to any other information regarding the last
known name, address, and location of such individual.
(b) Within 3 business days of receiving such notification, the
Commissioner of Social Security shall provide such information to the
Secretary of Homeland Security.
SEC. 10. EMPLOYER VIOLATIONS.
A person or entity shall be considered to have violated section
274A(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(1)(A)) if the person or entity--
(1) continues to employ in the United States, or recruits,
hires, or refers for employment in the United States, an
individual after receiving a final nonverification regarding an
individual from the verification system established under
section 4; or
(2) otherwise fails to take an action required under this
Act.
SEC. 11. REQUIREMENT TO PARTICIPATE IN PILOT PROGRAM.
Section 402(e)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding
at the end the following:
``(C) Any person or entity that, in a calendar
year, receives written notice under section 2 of this
Act with respect to more than 20 individuals, shall
elect to participate in the basic pilot program
described in section 403(a) and shall comply with the
terms and conditions of such election.''.
SEC. 12. LIMITATION ON USE.
(a) In General.--Notwithstanding any other provision of law,
nothing in this Act shall be construed to permit or allow any
department, bureau, or other agency of the United States Government to
utilize any information, data base, or other records assembled under
this Act for any other purpose other than as provided for under this
Act.
(b) No National Identification Card.--Nothing in this Act shall be
construed to authorize, directly or indirectly, the issuance or use of
national identification cards or the establishment of a national
identification card.
SEC. 13. FEDERAL TORT CLAIMS ACT REMEDY.
If an individual alleges that the individual would not have been
dismissed from a job but for an error of the verification mechanism,
the individual may seek compensation only through the mechanism of
chapter 171 of title 28, United States Code (popularly known as the
Federal Tort Claims Act), and injunctive relief to correct such error.
No class action may be brought under this Act.
SEC. 14. PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE BASIS OF
INFORMATION.
No person or entity shall be civilly or criminally liable for any
action taken in good faith reliance on information provided through the
employment eligibility verification mechanism established under this
Act. | Employment Eligibility Verification and Anti-Identity Theft Act - Directs the Commissioner of the Social Security Administration to notify a person or entity each time that the combination of name and Social Security account number it has submitted for an individual does not match Social Security Administration records.
Directs the Secretary of Homeland Security (HS) to notify a person or entity each time that: (1) an immigration status or employment authorization document presented or referenced by an individual during the employment eligibility verification process was assigned to another person; or (2) there is no agency record that the document was assigned to any person.
Directs the HS Secretary to establish a system, meeting specified requirements, for verifying an individual's identity and employment eligibility. Requires any person or entity that has received a discrepancy notice under this Act to verify the individual's employment authorization and identity through such system.
Places the burden of resolving errors in the verification mechanism on the individual whose employment eligibility and identity have not been verified. Requires the individual to terminate any employment in the United States if a final nonverification is received.
Requires the Commissioner of Social Security to provide the last known name, address, and location of a nonverified individual to the Secretary of Homeland Security.
Provides for sanctions against employers who continue to employ an individual after receiving a final nonverification.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require any person or entity that receives written notice about more than 20 individuals in one calendar year to: (1) participate in a basic pilot project for employment eligibility confirmation; and (2) comply with specified terms and conditions.
Provides for: (1) a remedy under the Federal Tort Claims Act for job dismissals occasioned by verification mechanism errors; and (2) protection from civil and criminal liability for persons or entities that take action in good faith on the basis of verification mechanism information. | {"src": "billsum_train", "title": "To require an employer to take action after receiving official notice that an individual's Social Security account number does not match the individual's name, and for other purposes."} | 1,867 | 409 | 0.681712 | 2.197252 | 0.832897 | 3.382514 | 4.68306 | 0.907104 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Special Care
Dentistry Act of 2010''.
(b) Findings.--Congress finds the following:
(1) According to the United States Surgeon General's Report
on Oral Health in America:
(A) No less than a silent epidemic of oral diseases
is affecting our most vulnerable citizens, including
low income elderly, individuals with disabilities, and
many members of racial and ethnic minority groups.
(B) Oral diseases and conditions affect health and
well-being throughout life. The burden of oral problems
is extensive and may be particularly severe in
vulnerable populations.
(C) Oral diseases and conditions are associated
with other health problems. Associations between
chronic oral infections and other health problems,
including diabetes, heart disease, and adverse
pregnancy outcomes have been reported.
(2) Providing appropriate and necessary oral health
benefits under Medicaid to individuals classified as aged,
blind, or disabled would prevent unnecessary emergency room
visits, hospitalizations, and downstream health care costs,
reducing Medicaid spending.
(3) While 28 percent of the people enrolled in Medicaid are
aged, blind, or disabled, the high cost of medical expenditures
for these populations consumes 72 percent of the total Medicaid
budget. This is not the case with dental benefits.
(4) For the aged, blind, or disabled, oral health services
are deemed ``optional'' by the Federal Government and most
States provide little to no Medicaid coverage for these
services. Many of these vulnerable citizen's mouths are
infected with no hope of receiving access to even basic dental
care.
(5) In 2003, adult aged, blind, and disabled Medicaid
recipients received basic oral health services in only 6 States
(Connecticut, New Jersey, New York, North Dakota, Pennsylvania,
and Wisconsin).
(6) Appropriate and necessary oral health services for
adult aged, blind, and disabled people will help reduce not
only Medicaid costs for these populations, but also down-stream
Medicare expenditures, which together total almost
$600,000,000,000 annually.
(7) Dental office overhead averages over 65 percent.
Unfortunately, Medicaid reimbursement rates fall far short of
covering these expenses.
(8) Additional Federal investment for the delivery of oral
health services is needed to ensure vulnerable adults receive
oral health benefits.
(9) Investments are needed for an oral health initiative to
reduce the profound disparities in oral health by improving the
health status of vulnerable populations to the level of health
status that is enjoyed by the majority of Americans.
SEC. 2. REQUIREMENT TO PROVIDE AGED, BLIND, OR DISABLED INDIVIDUALS
WITH ORAL HEALTH SERVICES UNDER THE MEDICAID PROGRAM.
(a) In General.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.), as amended by the Patient Protection and Affordable Care
Act (Public Law 111-148), is amended by inserting after section 1943
the following new section:
``oral health services for aged, blind, or disabled individuals
``Sec. 1944. (a) Services Under a State Adult Dental Program for
Aged, Blind, or Disabled Individuals.--A State shall provide oral
health coverage for aged, blind, or disabled individuals described in
subsection (b) through a separate State adult dental program. The State
shall demonstrate that the services and fees provided and program
requirements under this section are at least equivalent to the
services, fees, and requirements that are provided to children under
this title and include age-appropriate services for such individuals,
and that the services are provided at intervals to determine the
existence of a suspected illness or condition consistent with
reasonable standards of dental practice (taking into account the
increased needs and oral health complexities of the population) as
determined by the Secretary after consultation with national
professional dental organizations.
``(b) Aged, Blind, or Disabled Individuals Described.--For purposes
of subsection (a), an aged, blind, or disabled individual described in
this subsection is an individual--
``(1) who is eligible for medical assistance under
subclause (I) or (II) of section 1902(a)(10)(A)(i) (but only,
in the case of subclause (I), with respect to an individual who
is so eligible on the basis of receiving aid or assistance
under any plan of the State approved under title I, X, XIV, or
XVI); and
``(2) who would be considered an aged, blind, or disabled
individual under section 1614 (without regard to whether the
individual satisfies the income and resource requirements for
receiving supplemental security income benefits under title
XVI) and is otherwise eligible for medical assistance under the
State plan or under a waiver of such plan.
``(c) Transportation.--The State shall provide transportation for
aged, blind, or disabled individuals described in subsection (b) to
dental offices, hospitals, clinics, or other treatment centers for the
provision of oral health services to the same extent that
transportation is provided under the State plan for children eligible
for medical assistance.''.
(b) Definition of Oral Health Services.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d), as amended by the Patient Protection and
Affordable Care Act (Public Law 111-148), is amended--
(A) in subsection (a), by amending paragraph (10)
to read as follows:
``(10) oral health services (as defined in subsection
(dd)); and''; and
(B) by adding at the end the following:
``(dd)(1) For purposes of this title, the term `oral health
services' means--
``(A) relief of pain and infections;
``(B) restoration or replacement of teeth;
``(C) periodontal treatment;
``(D) dental health preventive services, including adult
fluoride application;
``(E) in-patient and out-patient dental surgical,
evaluation, and examination services;
``(F) dentures or partial denture care;
``(G) per patient house call and long term care facility
visits;
``(H) sedation and anesthesia; and
``(I) behavior management services.
``(2) For the purpose of this subsection:
``(A) The term `long term care facility' means--
``(i) a nursing facility;
``(ii) an assisted living facility or a resident
care program facility (as such terms are defined by the
Secretary);
``(iii) a board and care facility (as defined in
section 1903(q)(4)(B), including a mental retardation
group home);
``(iv) an intermediate care facility for the
mentally retarded; and
``(v) any other facility that is licensed or
certified by the State and is determined appropriate by
the Secretary, such as a community mental health center
that meets the requirements of section 1913(c) of the
Public Health Service Act, a psychiatric health
facility, and a mental health rehabilitation center.
``(B) The term `house call' means the delivery of dental
services in long term care facilities needed to overcome
mobility impairments and transportation barriers.
``(C) The term `behavior management' means services needed
to accommodate physical or behavioral impairment.''.
(c) Conforming Amendments.--
(1) Terminology.--Section 1902(a)(43)(D)(iii) of the Social
Security Act (42 U.S.C. 1396a(a)(43)(D)(iii)) is amended by
striking ``dental'' and inserting ``oral health'' each place it
appears.
(2) State plan.--Section 1902(a) of such Act (42 U.S.C.
1396a(a)), as amended by the Patient Protection and Affordable
Care Act, is amended--
(A) in paragraph (81), by striking ``and'' at the
end;
(B) in paragraph (82), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (82) the
following:
``(83) provide for--
``(A) making oral health services available to
aged, blind, or disabled individuals described in
subsection (b) of section 1944 in accordance with the
requirements of that section;
``(B) informing all persons in the State who are
aged, blind, or disabled and have been determined to be
eligible for medical assistance including oral health
services (as defined in section 1905(dd)), of the
availability of such services;
``(C) providing or arranging for the provision of
such services in all cases where they are requested;
``(D) arranging for (directly or through referral
to appropriate agencies, organizations, or individuals)
corrective treatment the need for which is disclosed by
such services; and
``(E) reporting to the Secretary (in a uniform form
and manner established by the Secretary, by aged,
blind, or disabled group and by basis of eligibility
for medical assistance, and by not later than April 1
after the end of each fiscal year, beginning with
fiscal year 2011) the information relating to oral
health services provided under the plan during each
fiscal year consisting of--
``(i) the number of aged, blind, or
disabled individuals who reside in the State;
``(ii) the number of aged, blind, or
disabled individuals provided oral health
services;
``(iii) the number of such individuals
referred for corrective treatment (the need for
which is disclosed by such services);
``(iv) the amount of, and type of,
preventive oral health services needed and
provided;
``(v) the amount of, and type of, surgical
restorative oral health services needed and
provided; and
``(vi) the amount of, and type of, other
oral health services needed and provided,
disaggregated into whether the services were--
``(I) emergency;
``(II) preventive;
``(III) surgical;
``(IV) restorative;
``(V) periodontal;
``(VI) endodontic; or
``(VII) prosthodontic.''.
(3) Nursing facilities.--Section 1919(b)(4)(A)(vi) of such
Act (42 U.S.C. 1396r(b)(4)(A)(vi)) is amended by inserting,
``oral health services (as defined in section 1905(dd)) for an
aged, blind, or disabled individual described in section
1944(b) who is a resident of the nursing facility,'' after
``plan)''.
(d) Federal Funding for Cost of Covering Aged, Blind, or
Disabled.--Section 1905 of the Social Security Act (42 U.S.C. 1396d),
as amended by subsection (b)(1), is amended--
(1) in subsection (b), in the first sentence, by inserting
``subsection (dd) and'' before ``section 1933(d)'' ; and
(2) by adding at the end the following new subsection:
``(ee) Increased FMAP for Medical Assistance for Aged, Blind, and
Disabled Individuals.--The Federal medical assistance percentage
determined for a State that is one of the 50 States or the District of
Columbia for each fiscal year with respect to amounts expended for
medical assistance for aged, blind and disabled individuals described
in section 1944(b) shall be equal to 100 percent.''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to calendar
quarters beginning on or after October 1, 2010, without regard
to whether or not final regulations to carry out such
amendments have been promulgated by such date.
(2) Delay permitted for state plan amendment.--In the case
of a State plan for medical assistance under title XIX of the
Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendments made by
this section, the State plan shall not be regarded as failing
to comply with the requirements of such title solely on the
basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature. | Special Care Dentistry Act of 2010 - Amends title XIX (Medicaid) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act, to require a state to provide oral health coverage for aged, blind, or disabled individuals through a separate state adult dental program. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to require States to provide oral health services to aged, blind, or disabled individuals under the Medicaid Program, and for other purposes."} | 2,818 | 65 | 0.464269 | 1.169516 | 0.53928 | 5.618182 | 47.818182 | 0.963636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Consumers Aggravation and Money
Act of 2000''.
SEC. 2. RATE DISCLOSURES BY PROVIDERS OF DIAL-AROUND SERVICES.
Title II of the Communications Act of 1934 is amended by inserting
after section 231 (47 U.S.C. 231) the following new section:
``SEC. 232. RATE DISCLOSURES BY PROVIDERS OF DIAL-AROUND SERVICES.
``(a) Definitions.--As used in this section:
``(1) Dial-around services.--The term `dial-around
services' means a product or service by which a person may use
a seven-digit code to bypass such person's preferred interstate
carrier to gain access to the telecommunications services of
another carrier.
``(2) Consumer.--The term `consumer' means a person
initiating any interstate telephone call using a seven-digit
code to obtain dial-around services.
``(3) Preferred interstate carrier.--The term `preferred
interstate carrier' means the carrier that provides interstate
service to a consumer on a prescribed basis.
``(4) Presubscribed basis.--The term `presubscribed basis'
means the selection of a common carrier to carry all interstate
calls initiated by dialing `1' or `0' plus the area code, plus
the terminating telephone number, or by dialing `011' or `00'.
``(5) Provider of dial-around services.--The term `provider
of dial-around services' means any common carrier that provides
interexchange services, or any other person determined by the
Commission to be providing interexchange services, through the
use of a dial-around code.
``(b) Requirements for Providers.--Beginning not later than 90 days
after the date of enactment of this section, each provider of dial-
around services shall, at a minimum--
``(1) identify itself, audibly and distinctly, to the
consumer at the beginning of each telephone call and before the
consumer incurs any charge for the call;
``(2) disclose immediately to the consumer, upon request
and at no charge to the consumer--
``(A) a quote of its rates or charges for the call;
``(B) the methods by which such rates or charges
will be collected; and
``(C) the methods by which complaints concerning
such rates, charges, or collection practices will be
resolved; and
``(3) permit the consumer to terminate the telephone call
at no charge before the call is connected.
``(c) General Rulemaking Required.--
``(1) Rulemaking proceeding.--The Commission shall conduct
a rulemaking proceeding pursuant to this section and section
201(b) to prescribe regulations to--
``(A) protect consumers from unfair and deceptive
practices relating to their use of dial-around services
to place interstate telephone calls; and
``(B) ensure that consumers have the information
necessary to make informed choices in making such
calls.
``(2) Contents of regulations.--The regulations prescribed
under this section shall--
``(A) contain provisions to implement each of the
requirements of this section; and
``(B) contain such other provisions as the
Commission determines necessary to carry out this
section and section 201(b) and the purposes and
policies of this section and section 201(b).
``(d) Statutory Construction.--Nothing in this section shall be
construed to alter the obligations, powers, or duties of common
carriers or the Commission under section 201(b) on the other sections
of this Act.''.
SEC. 3. PREVENTION OF FRAUDULENT ADVERTISING OF DIAL-AROUND SERVICES.
(a) Amendment.--Section 201 of the Telephone Consumer Protection
Act of 1991 (15 U.S.C. 5711) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Dial-Around Services Advertising.--
``(1) Advertising regulations.--The Commission shall
prescribe rules in accordance with this subsection to prohibit
unfair and deceptive acts and practices in any advertisement
for dial-around services. Such rules shall require that the
person offering such dial-around services--
``(A) clearly and conspicuously disclose in any
advertising the cost of the use of such dial-around
services, including the total cost or the cost per
minute and any other fees for that service and for any
other dial-around service to which the caller may be
transferred;
``(B) be prohibited from using advertisements that
emit electronic tones which can automatically dial a
dial-around telephone number;
``(C) ensure that, whenever the dial-around code
number to be called is shown in television and print
media advertisements, the charges for dial-around
services are clear and conspicuous and (when shown in
television advertisements) displayed for the same
duration as that number is displayed; and
``(D) in delivering any telephone message
soliciting calls to a dial-around service, specify
clearly, and at no less than the audible volume of the
solicitation, the total cost and the cost per minute
and any other fees for that service and for any other
dial-around service to which the caller may be
transferred.
``(3) Access to information.--The Commission shall by rule
require a common carrier that provides telephone services to a
provider of dial-around services to make available to the
Commission any records and financial information maintained by
such carrier relating to the arrangements (other than for the
provision of local exchange service) between such carrier and
any provider of dial-around services.
``(4) Evasions.--The rules issued by the Commission under
this section shall include provisions to prohibit unfair or
deceptive acts or practices that evade such rules or undermine
the rights provided to customers under this title, including
through the use of alternative billing or other procedures.
``(5) Treatment of rules.--A rule issued under this
subsection shall be treated as a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
``(6) Effect on fcc.--Nothing in this section shall be
construed to limit or otherwise alter the authority of the
Federal Communications Commission under section 201(b), section
232, or any other provisions, of the Communications Act of
1934.''.
(b) Conforming Amendments.--
(1) Deadline for regulations.--Section 201(c) of such Act
(as redesignated by subsection (a)(1)) is amended by inserting
after the first sentence the following: ``The Commission shall
prescribe the rules under subsection (b) within 270 days after
the date of enactment of the Save Consumers Aggravation and
Money Act of 2000.''.
(2) Cross references.--Sections 202, 203, and 204 of such
Act are amended by striking ``section 201(a)'' each place it
appears and inserting ``subsection (a) or (b) of section 201''.
(3) Heading.--The heading of section 201(a) is amended by
striking ``In General'' and inserting ``Pay-per-Call Services
Regulations''.
(4) Definition.--Section 204 of such Act is amended by
adding at the end the following new paragraph:
``(5) The term `dial-around services' has the meaning
provided in section 232(a) of the Communications Act of
1934.''. | Amends the Telephone Consumer Protection Act to require the Federal Trade Commission to prescribe rules to prohibit unfair and deceptive acts and practices in any advertisement for dial-around services. | {"src": "billsum_train", "title": "Save Consumers Aggravation and Money Act of 2000"} | 1,736 | 37 | 0.561321 | 1.26053 | 0.291271 | 4.65625 | 48.28125 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combat-Injured Veterans Tax Fairness
Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 10,000 to 11,000 individuals are retired
from service in the Armed Forces for medical reasons each year.
(2) Some of such individuals are separated from service in
the Armed Forces for combat-related injuries (as defined in
section 104(b)(3) of the Internal Revenue Code of 1986).
(3) Congress has recognized the tremendous personal
sacrifice of veterans with combat-related injuries by, among
other things, specifically excluding from taxable income
severance pay received for combat-related injuries.
(4) Since 1991, the Secretary of Defense has improperly
withheld taxes from severance pay for wounded veterans, thus
denying them their due compensation and a significant benefit
intended by Congress.
(5) Many veterans owed redress are beyond the statutory
period to file an amended tax return because they were not or
are not aware that taxes were improperly withheld.
SEC. 3. RESTORATION OF AMOUNTS IMPROPERLY WITHHELD FOR TAX PURPOSES
FROM SEVERANCE PAYMENTS TO VETERANS WITH COMBAT-RELATED
INJURIES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) identify--
(A) the severance payments--
(i) that the Secretary paid after January
17, 1991;
(ii) that the Secretary computed under
section 1212 of title 10, United States Code;
(iii) that were not considered gross income
pursuant to section 104(a)(4) of the Internal
Revenue Code of 1986; and
(iv) from which the Secretary withheld
amounts for tax purposes; and
(B) the individuals to whom such severance payments
were made; and
(2) with respect to each person identified under paragraph
(1)(B), provide--
(A) notice of--
(i) the amount of severance payments in
paragraph (1)(A) which were improperly withheld
for tax purposes; and
(ii) such other information determined to
be necessary by the Secretary of Treasury to
carry out the purposes of this section; and
(B) instructions for filing amended tax returns to
recover the amounts improperly withheld for tax
purposes.
(b) Extension of Limitation on Time for Credit or Refund.--
(1) Period for filing claim.--If a claim for credit or
refund under section 6511(a) of the Internal Revenue Code of
1986 relates to a specified overpayment, the 3-year period of
limitation prescribed by such subsection shall not expire
before the date which is 1 year after the date the information
return described in subsection (a)(2) is filed. The allowable
amount of credit or refund of a specified overpayment shall be
determined without regard to the amount of tax paid within the
period provided in section 6511(b)(2).
(2) Specified overpayment.--For purposes of paragraph (1),
the term ``specified overpayment'' means an overpayment
attributable to a severance payment described in subsection
(a)(1).
SEC. 4. REQUIREMENT THAT SECRETARY OF DEFENSE ENSURE AMOUNTS ARE NOT
WITHHELD FOR TAX PURPOSES FROM SEVERANCE PAYMENTS NOT
CONSIDERED GROSS INCOME.
The Secretary of Defense shall take such actions as may be
necessary to ensure that amounts are not withheld for tax purposes from
severance payments made by the Secretary to individuals when such
payments are not considered gross income pursuant to section 104(a)(4)
of the Internal Revenue Code of 1986.
SEC. 5. REPORT TO CONGRESS.
(a) In General.--After completing the identification required by
section 3(a) and not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the actions taken by the
Secretary to carry out this Act.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) The number of individuals identified under section
3(a)(1)(B).
(2) Of all the severance payments described in section
3(a)(1)(A), the aggregate amount that the Secretary withheld
for tax purposes from such payments.
(3) A description of the actions the Secretary plans to
take to carry out section 4.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Veterans' Affairs, and the Committee on Finance of the Senate;
and
(2) the Committee on Armed Services, the Committee on
Veterans' Affairs, and the Committee on Ways and Means of the
House of Representatives. | Combat-Injured Veterans Tax Fairness Act of 2016 This bill directs the Department of Defense (DOD) to identify: certain severance payments to veterans with combat-related injuries paid after January 17, 1991, from which DOD withheld amounts for tax purposes, and the individuals to whom such severance payments were made. DOD shall provide each such veteran with: notice of the amount of improperly withheld severance payments, and instructions for filing amended tax returns to recover such amount. The period for filing a related claim with the Internal Revenue Service for a credit or refund is extended beyond the three-year limitation to the date that is one year after DOD provides the veteran with the information required by this Act. DOD shall ensure that amounts are not withheld for tax purposes from DOD severance payments to individuals when such payments are not considered gross income. | {"src": "billsum_train", "title": "Combat-Injured Veterans Tax Fairness Act of 2016"} | 1,088 | 188 | 0.676344 | 2.006907 | 0.978442 | 3.210843 | 5.76506 | 0.861446 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Healthy America Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The United States faces a continuing challenge in
improving the quality of the Nation's diet as the economic
costs of poor nutrition, which contributes to coronary heart
disease, cancer, stroke, and diabetes, 4 of the 10 leading
causes of death, are significant.
(2) Consumption of a healthy diet including nutritionally
rich fruit and vegetables is essential for normal growth and
development, and critical to promoting health and preventing an
array of chronic diseases, as an estimated \1/3\ of cancer
deaths could be prevented by healthy diets.
(3) Most children and adults do not meet the recommended
guidelines of 5 servings a day of fruit and vegetables, with
only 15 percent of elementary students consuming the
recommended requirement, and \1/4\ of adults.
(4) Among needy students, school nutrition programs often
provide the primary opportunity for consumption of
nutritionally valuable foods.
(5) Breakfast is a critical meal for children and provides
the nutrition necessary to optimize their learning capacities.
(6) The Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC), designed to safeguard the health
of needy women, infants, and children has changed little in
nearly 3 decades and does not reflect many current nutritional
practices. To enhance the nutritional benefits for this at-risk
population, fruits and vegetables should be available under the
WIC program.
(b) Purposes.--The purposes of this Act are:
(1) To promote improved nutrition for needy Americans,
including women, infants, children, and students, by revising
and enhancing Federal nutrition programs to incorporate a
greater role for fruits, vegetables, and 100 percent juice
products.
(2) To extend, expand, and enhance Federal nutrition
policies that recognize and directly encourage consumption of
fruits, vegetables, and juices as critical to promoting health
and preventing an array of chronic diseases.
(3) To develop nutrition policies that increase awareness
and understanding of the benefits provided by fruits and
vegetables with respect to disease prevention and health
promotion, as fruit and vegetable consumption is an important
component of a balanced diet.
(4) To elevate the Federal government's investment in
nutrition program priorities to better address the significant
role fruit and vegetables play in health promotion and disease
prevention for the neediest Americans.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``fruit and vegetables'' means fruits and
vegetables that meet the guidelines developed by the National
Cancer Institute and Produce for Better Health Foundation for
the 5 A Day for Better Health program; and nuts
(2) the term ``juice'' means 100 percent juice or juice
concentrate, without added fat or sugar.
SEC. 4. SCHOOL BREAKFAST PROGRAM.
(a) Availability of Fruits and Juices.--Section 4(e) of the Child
Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended by adding at the
end of paragraph (1)(A) the following: ``The Secretary shall require
that schools participating in the school breakfast program under this
section shall make available fruits and 100 percent juices, regardless
of menu planning options.''.
(b) Commodities Purchase Program for Breakfasts.--
(1) In general.--Section 6(c) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755(c)) is amended--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) The value of donated foods, or cash payments made in
lieu thereof, shall be 5 cents for the school breakfast
program.''.
(2) Conforming amendment.--Section 6(b) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1755(b)) is
amended by ``and school breakfast program'' after ``school
lunch program''.
SEC. 5. EXPANSION OF FRUIT AND VEGETABLE PILOT PROGRAM.
Section 18(g) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769(g)) is amended to read as follows--
``(g) Fruit and Vegetable Pilot Program.--
``(1) In general.--In the school year beginning July 2004,
and in each of the 5 school years thereafter, the Secretary
shall carry out a pilot program in--
``(A) 25 elementary or secondary schools in each of
the 50 States, and in elementary or secondary schools
on 10 Indian reservations, to make available to
students free fresh and dried fruits and fresh
vegetables during the school day in 1 or more areas
designated by the school; and
``(B) 25 service institutions in each of the 50
States participating in the summer food service program
for children established under section 13, to make
available to children free fresh and dried fruits and
fresh vegetables during the day of operation in 1 or
more areas designated by the service institution.
``(2) Publicity.--A school or service institution that
participates in the pilot program shall widely publicize within
the school or service institution the availability of free
fruits and vegetables under the pilot program.
``(3) Administrative costs.--A participating school or
service institution may use for administrative expenses--
``(A) during the first year of participation in the
pilot program, not more than 20 percent of the funds
made available to the school or service institution for
the year; and
``(B) during each subsequent year of participation
in the pilot program, not more than 10 percent of the
funds made available to the school or service
institution for the year.
``(4) Report.--Not later than May 1, 2007, the Secretary,
acting through the Administrator of the Economic Research
Service, shall report to the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate on the
results of the pilot program.
``(5) Funding.--The Secretary shall use not more than
$75,000,000 of funds made available under section 32 of the Act
of August 24, 1935 (7 18 U.S.C. 612c), to carry out this
subsection (other than paragraph (4)).''.
SEC. 6. HEALTHY FOODS FOR HEALTHY KIDS INITIATIVE GRANT PROGRAM.
Section 18 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769) is amended by adding at the end the following new
subsection:
``(h) Healthy Foods for Healthy Kids Initiative Grant Program.--
``(1) In general.--In the school year beginning July 2004,
each of the 5 school years thereafter, the Secretary, in
conjunction with the National 5 A Day for Better Health
program, shall carry out a Healthy Foods for Healthy Kids
program to provide grants to school districts for innovative
projects to increase the availability and consumption of fruits
and vegetables.
``(2) Criteria for grant projects.--In selecting projects
to receive grants under this subsection, the Secretary shall
consider projects which--
``(A) provide the necessary infrastructure, such as
procurement, delivery, and storage efforts to enhance
offerings of fruits and vegetables;
``(B) initiate or offer salad bars, prepackaged
salads, and fruit cups, innovative vending options,
refrigerated vending, and other creative preparation
and presentation methods;
``(C) provide relevant training for school food
service personnel carrying out these efforts; and
``(D) enhance education and promotion of fruit and
vegetable intake;
``(E) establish school garden projects to provide
an interactive, hands-on learning environment to teach
fundamental nutrition concepts, foster a better
understanding of where food comes from, and create
opportunities for children to make healthier food
choices.
``(3) Evaluation and report.--The Secretary shall conduct
an evaluation of the results of the program and shall transmit
a report to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate not later than May 1,
2007.
``(4) Authorization of appropriations.--There are
authorized to be appropriated for carrying out this subsection
$20,000,000 for each of fiscal years 2004 through 2009.''.
SEC. 7. FRUITS AND VEGETABLES IN SUMMER FOOD SERVICE PROGRAM.
Section 13(f)(4) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761) is amended by adding at the end the following:
``States shall, with assistance that the Secretary is authorized to
provide, ensure that meals include fruit, vegetables, and 100 percent
juices.''
SEC. 8. IMPROVEMENTS AND MODERNIZATION OF REQUIREMENTS UNDER THE WOMEN,
INFANTS, AND CHILDREN PROGRAM.
The Secretary shall revise the regulations relating to the Special
Supplemental Nutrition Program for Women, Infants, and Children
(established under section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786)) to--
(1) update and improve the nutritional standards of food
under the program;
(2) require that the food package requirements, target
nutrients, and nutrient needs of participants be re-evaluated
and revised at least every 10 years to reflect current
nutrition science;
(3) permit program participants access to fresh fruits and
vegetables;
(4) permit the purchase of juices other than from
concentrate and revise packaging requirements under the program
to permit the purchase of products in modern packaging,
including plastic and carton containers;
(5) permit the purchase of generic branded fruits and
vegetable products under the program; and
(6) include in nutrition education efforts a greater focus
on promoting the consumption of fruits and vegetables.
SEC. 9. DEPARTMENT OF DEFENSE PURCHASE AND DISTRIBUTION OF FRESH FRUITS
AND VEGETABLES.
Section 10603 of the Farm and Rural Investment Act of 2002 (7
U.S.C. 612c-4) is amended by striking ``$50,000,000'' and inserting
``$100,000,000''.
SEC. 10. FRUIT AND VEGETABLE RESEARCH AGENDA.
(a) In General.--The Secretary of Agriculture shall develop a fruit
and vegetable research agenda that coordinates research between the
Economic Research Service, the Food and Nutrition Service, the
Agricultural Research Service and other agencies of the Department of
Agriculture.
(b) Coordination and Goals.--The agenda should include research on
how best to promote fruit and vegetable intake to children and should
be developed in coordination with the produce industry, nutrition and
health organizations, school food service professionals, and other
stakeholders. Research goals shall include--
(1) the impact of increased fruit and vegetable consumption
toward preventing chronic diseases, including reducing obesity,
diabetes, diverticulosis, cataracts, cancer, heart disease,
stroke, and hypertension, and the overall benefits of whole
food consumption including documentation of certain
phytonutrients found in fresh produce that may help prevent
such chronic diseases;
(2) the development of more effective behavior-based
dietary interventions and health promotion programs to increase
consumption of fruits and vegetables based on Federal dietary
guidelines, including environmental influences, strategies for
overcoming barriers to behavior change, and food preference
development for children and adolescents; and
(3) identifying the influences on food choices and options
for providing an optimal environment for making informed
healthy food choices in a free-market economy, including
evaluation of different methods for communicating health
information.
SEC. 11. NATIONAL 5 A DAY COORDINATOR.
The Secretary shall appoint a national 5 A Day for Better Health
program coordinator and 7 regional 5 A Day coordinators for each of the
7 Food and Nutrition Service regional offices to coordinate and expand
the Secretary's efforts to promote the consumption of fruit and
vegetables.
SEC. 12. REPORT ON COMMODITY PURCHASING PROGRAM.
Not later than 6 months after the date of enactment of this Act,
the Secretary of Agriculture shall transmit a report to the Committee
on Education and the Workforce of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate which
shall include--
(1) an assessment of current commodity purchasing practices
and how purchasing decisions are made; and
(2) recommendations for a plan of action to align such
purchases with the Dietary Guidelines for Americans issued by
the Secretary and by the Secretary of Health and Human
Services.
SEC. 13. STATE AND LOCAL PARTNERSHIPS.
It is the sense of Congress that the Secretary of Agriculture
should establish partnerships with State departments of agriculture,
State health departments, State departments of education, and other
State and local organizations to improve access to and efficient
distribution of fresh fruits and vegetables to schools and nutrition
programs. | Healthy America Act - Amends the Child Nutrition Act of 1966 to direct the Secretary of Agriculture to require schools participating in the school breakfast program to make available fruits and juices.Amends the Richard B. Russell National School Lunch Act (the Act) to direct the Secretary to expand the fruit and vegetable school pilot program.Amends the Act to direct the Secretary, in conjunction with the National 5 a Day for Better Health program, to carry out a Healthy Foods for Healthy Kids program to provide grants to school districts for innovative projects to increase the availability and consumption of fruits and vegetables.Amends the Act to require States to ensure that meals in the summer food service program include fruits, vegetables, and juices.Directs the Secretary to revise in specified ways the regulations relating to the Special Supplemental Nutrition Program for Women, Infants, and Children.Amends the Farm and Rural Investment Act of 2002 to increase the minimum amount to be spent on the purchase of fresh fruits and vegetables for distribution to schools and service institutions.Directs the Secretary to develop a fruit and vegetable research agenda that coordinates research between agencies of the Department of Agriculture.Directs the Secretary to appoint a national 5 A Day for Better Health program coordinator and seven regional coordinators to promote the consumption of fruit and vegetables.Expresses the sense of Congress that the Secretary should establish partnerships with State and local organizations to improve access to and efficient distribution of fresh fruits and vegetables to schools and nutrition programs. | {"src": "billsum_train", "title": "To promote improved nutrition for needy Americans, including women, infants, children, and students, by revising and enhancing Federal nutrition programs to incorporate a greater role for fruits, vegetables, and 100 percent juice products."} | 2,771 | 313 | 0.558638 | 1.47387 | 0.720364 | 5.245487 | 9.429603 | 0.935018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Affordability Act of
2007''.
SEC. 2. ALLOWANCE OF DEDUCTION FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT
CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and inserting after section 223 the following new section:
``SEC. 224. EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES
NECESSARY FOR GAINFUL EMPLOYMENT.
``(a) Allowance of Deduction.--In the case of an individual for
whom there are 1 or more qualifying individuals with respect to such
individual, there shall be allowed as a deduction an amount equal to so
much of the employment-related expenses paid by such individual during
the taxable year as do not exceed--
``(1) $13,000 if there is 1 qualifying individual with
respect to the taxpayer for such taxable year, or
``(2) 200 percent of the dollar amount in effect under
paragraph (1) for the taxable year if there are 2 or more
qualifying individuals with respect to the taxpayer for such
taxable year.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualifying individual; employment-related expenses.--
The terms `qualifying individual' and `employment-related
expenses' shall have the respective meanings given such terms
by section 21(b).
``(2) Denial of double benefit.--
``(A) Coordination with dependent care assistance
program.--The amount of employment-related expenses
otherwise taken into account under subsection (a) shall
be reduced by the aggregate amount excludable from
gross income under section 129 for the taxable year.
``(B) Coordination with credit for employment-
related expenses.--No deduction shall be allowed under
subsection (a) for a taxable year with respect to the
employment-related expenses of the taxpayer if the
taxpayer elects to have section 21 apply for such
taxable year.
``(3) Special rule for spouse who is a student or incapable
of caring for himself.--In the case of a spouse who is a
student or a qualified individual described in section
21(b)(1)(C), for purposes of paragraph (4), such spouse shall
be deemed for each month during which such spouse is a full-
time student at an educational institution, or is such a
qualifying individual, to be gainfully employed and to have
earned income of not less than--
``(A) \1/12\ of the amount in effect under
subsection (a)(1) if such subsection applies for the
taxable year, or
``(B) \1/12\ of the amount in effect under
subsection (a)(2) if such subsection applies for the
taxable year.
In the case of any husband and wife, this paragraph shall apply
with respect to only one spouse for any one month.
``(4) Other special rules.--Rules similar to the rules of
subsections (d)(1) and (e) of section 21 shall apply for
purposes of this section.
``(c) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2008, the dollar amount under subsection (a)(1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2007' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $100, such amount shall
be rounded to the next lowest multiple of $100.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Deductible Whether or Not Taxpayer Itemizes.--Subsection (a) of
section 62 of such Code (defining adjusted gross income) is amended by
inserting after paragraph (21) the following new paragraph:
``(22) Expenses for household and dependent care services
necessary for gainful employment.--The deduction allowed by
section 224.''.
(c) Conforming Amendments.--
(1) Subsection (e) of section 213 is amended by inserting
``or deduction under section 224'' after ``section 21''.
(2) Paragraph (2) of section 6213(g) is amended--
(A) by striking ``or'' in subparagraph (H) and
inserting ``, section 224 (relating to expenses for
household and dependent care services necessary for
gainful employment), or'', and
(B) by striking ``or 32'' in subparagraph (L) and
inserting ``32, or 224''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid in taxable years beginning after the date of the
enactment of this Act.
SEC. 3. MODIFICATION OF CREDIT FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT
CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT.
(a) In General.--
(1) Increase in credit limitation.--Subsection (c) of
section 21 of the Internal Revenue Code of 1986 (relating to
dollar limit on amount creditable) is amended--
(A) by striking ``$3,000'' in paragraph (1) and
inserting ``13,000'', and
(B) by striking ``$6,000'' in paragraph (2) and
inserting ``200 percent of the dollar amount in effect
under paragraph (1) for the taxable year''.
(2) Inflation adjustment.--Section 21 of such Code is
amended by redesignating subsection (f) as subsection (g) and
inserting after subsection (e) the following new subsection:
``(f) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2008, the dollar amount under subsection (a)(1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2007' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $100, such amount shall
be rounded to the next lowest multiple of $100.''.
(3) Increase in deemed earned income amounts.--Paragraph
(2) of section 21(d) of such Code (relating to special rules
for spouse who is a student or incapable of caring for himself)
is amended--
(A) by striking ``$250 if subsection (c)(1)'' in
subparagraph (A) and inserting ``\1/12\ of the amount
in effect under subsection (c)(1) if such subsection'',
and
(B) by striking ``$500 if subsection (c)(2)'' in
subparagraph (B) and inserting ``\1/12\ of the amount
in effect under subsection (c)(2) if such subsection''.
(b) Coordination With Deduction for Employment-Related Expenses.--
Subsection (e) of section 21 of such Code (relating to special rules)
is amended by adding at the end the following new paragraph:
``(11) Election to have section apply.--This section shall
apply to any taxpayer for any taxable year only if such
taxpayer elects (at such time and in such manner as the
Secretary may by regulations prescribe) to have this section
apply for such taxable year.''.
(c) Credit Made Refundable.--
(1) Credit moved to subpart relating to refundable
credits.--Such Code is amended--
(A) by redesignating section 36 as section 37,
(B) by redesignating section 21, as amended by this
section, as section 36, and
(C) by moving section 36 (as so redesignated) from
subpart A of part IV of subchapter A of chapter 1 to
the location immediately before section 37 (as so
redesignated) in subpart C of part IV of subchapter A
of chapter 1.
(d) Conforming Amendments.--
(1) Section 224(b) of such Code, as added by this Act, is
amended--
(A) by striking ``section 21(b)'' in paragraph (1)
and inserting ``section 36(b)'',
(B) by striking ``section 21'' in paragraph (2)(B)
and inserting ``section 36'',
(C) by striking ``section 21(b)(1)(C)'' in
paragraph (3) and inserting ``section 36(b)(1)(C)'',
and
(D) by striking ``section 21'' in paragraph (4) and
inserting ``section 36''.
(2) Subsection (e) of section 213 of such Code is amended
by striking ``section 21'' and inserting ``section 36''.
(3) Paragraph (2) of section 6213(g) of such Code is
amended by striking ``section 21'' each place it appears and
inserting ``section 36''.
(4) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``, 36,'' after ``section
35''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 21.
(6) The table of sections for subpart C of part IV of
subchaper A of chapter 1 of such Code is amended by striking
the item relating to section 36 and inserting the following new
items:
``Sec. 36. Expenses for household and dependent care services necessary
for gainful employment.
``Sec. 37. Overpayments of tax.''.
(e) Effective Date.--The amendments made by this section shall
apply to expenses paid in taxable years beginning after the date of the
enactment of this Act. | Child Care Affordability Act of 2007 - Amends the Internal Revenue Code to: (1) allow a tax deduction for expenses paid for household and dependent care services necessary for gainful employment; (2) increase the dollar limitation on the tax credit for such expenses; (3) provide for an inflation adjustment after 2008 to the dollar amounts for such tax deduction and tax credit; and (4) make such tax credit refundable. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction for expenses paid for household and dependent care services necessary for gainful employment and to increase, and make refundable, the credit for such expenses."} | 2,383 | 85 | 0.534698 | 1.261918 | 0.397339 | 2.365854 | 25.402439 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Educational Empowerment Act
of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On October 4, 2016, Hurricane Matthew devastated Haiti,
killing over 1,000 people, and directly affected 2.1 million
people, including the internal displacement of 175,000 and 1.4
million people in need of urgent humanitarian aid.
(2) The storm damage has been estimated to be
$1,000,000,000, or about 11.4 percent of the gross domestic
product of Haiti.
(3) Hurricane Matthew was the worst hurricane to hit Haiti
in over 50 years.
(4) Haiti is the poorest country in the Western Hemisphere.
(5) Eighty percent of the population lives below the
poverty line, and approximately 45 percent of the population is
illiterate.
(6) On January 12, 2010, a 7.0-magnitude earthquake struck
the country of Haiti.
(7) The earthquake caused massive devastation across Haiti,
destroying government buildings, hospitals, schools, and vital
aid offices, including the headquarters of the United Nations
mission to Haiti.
(8) An estimated three million people were directly
affected by the earthquake in Haiti, nearly one-third of the
country's population.
(9) Many universities suffered significant structural
damage, including the State University of Haiti, the country's
main public university, which had 80 percent of its buildings
destroyed.
(10) The earthquake claimed the lives of many students and
several prominent academics.
(11) Before the earthquake, at least 85 percent of Haitians
with a university degree left the island.
(12) A more highly educated population is vital to Haiti's
long-term development.
SEC. 3. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR CERTAIN HAITIAN
STUDENTS.
(a) In General.--The Secretary of State, acting through the
Assistant Secretary of State for Educational and Cultural Affairs,
shall establish a scholarship program for Haitian students whose
studies were interrupted as a result of the January 12, 2010,
earthquake or the October 4, 2016, hurricane, Hurricane Matthew.
(b) Eligibility.--To be eligible to receive a scholarship under
this section, a Haitian undergraduate or graduate student shall--
(1) have been enrolled as a full-time student in a Haitian
university or institution of higher education in the United
States at the time of the January 12, 2010, earthquake or when
Hurricane Matthew hit Haiti on October 4, 2016; and
(2) submit to the Assistant Secretary of State for
Educational and Cultural Affairs an application at such time,
in such manner, and containing such information as the
Assistant Secretary may require.
(c) Duration.--A scholarship under this section shall be awarded to
a Haitian student for one academic year and may be renewed in
accordance with subsection (d).
(d) Renewal.--
(1) In general.--A scholarship awarded under this section
may be renewed for an additional academic year upon
demonstration to the Secretary of State of satisfactory
academic achievement in the prior academic year.
(2) Maximum renewals.--A scholarship awarded under this
section may not be renewed for more than six academic years.
(e) Preference.--Preference in the awarding of scholarships shall
be given to the following categories of Haitian students:
(1) Haitian students who are studying subjects of
importance to Haiti's long-term social, economic, or political
development.
(2) Haitian students who were enrolled in programs that
were forced to cease operations as a result of the January 12,
2010, earthquake or the October 4, 2016, hurricane, Hurricane
Matthew.
(f) Return.--Upon completion of an undergraduate or graduate degree
at an institution of higher education, a Haitian student who has
received a scholarship under this section shall return to Haiti.
(g) Scholarship Amount.--A scholarship awarded to a Haitian student
under this section may not exceed an amount equal to the total costs
related to the tuition and fees for one academic year at an institution
of higher education in which the student is enrolled as a full-time
student.
SEC. 4. GRANTS TO UNITED STATES COLLEGES AND UNIVERSITIES.
The Secretary of State, acting through the Assistant Secretary of
State for Educational and Cultural Affairs, may make grants to
institutions of higher education that have enrolled a significant
number of Haitian students who have been enrolled as full-time students
in a Haitian university at the time of the January 12, 2010, earthquake
or the October 4, 2016, hurricane, Hurricane Matthew. Such grants shall
be used to provide social and educational support services to such
students.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Fees.--The term ``fees'' means--
(A) fees normally assessed a full-time student, as
determined by an institution of higher education,
including--
(i) costs for the rental or purchase of any
equipment, materials, or supplies required of
all students in the same course of study; and
(ii) an allowance for room and board at
such institution; and
(B) travel expenses to such institution from Haiti
and, upon the completion of a degree at such
institution, from such institution to Haiti.
(2) 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).
(3) Scholarship.--The term ``scholarship'' means an amount
awarded to a Haitian student under this section that shall only
be used to pay costs related to the tuition and fees at the
institution of higher education in which the student is
enrolled as a full-time student. | Haitian Educational Empowerment Act of 2017 This bill directs the Department of State to establish a scholarship program for eligible Haitian students who were enrolled as full-time students in a Haitian or U.S. university or institution of higher education and whose studies were interrupted as a result of the January 12, 2010, earthquake or the October 4, 2016, Hurricane Matthew. A Haitian student who receives such a scholarship shall return to Haiti upon completion of an undergraduate or graduate degree. The State Department may make grants to institutions of higher education that have enrolled a significant number of Haitian students who were enrolled as full-time students in a Haitian university at the time of such earthquake or hurricane. Such grants shall be used to provide social and educational support services. | {"src": "billsum_train", "title": "Haitian Educational Empowerment Act of 2017"} | 1,209 | 162 | 0.61081 | 1.726952 | 0.79388 | 5.746479 | 8.309859 | 0.957746 |
SECTION 1. INSPECTOR GENERAL FOR THE FEDERAL BUREAU OF INVESTIGATION.
(a) Short Title.--This Act may be cited as the ``Inspector General
for the Federal Bureau of Investigation Act of 2001''.
(b) Establishment of An Inspector General for the Federal Bureau of
Investigation.--The matter following paragraph (3) of section 2 of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B);
and'' and inserting ``subparagraphs (A) and (B);'';
(2) in subparagraph (B), by striking the period and
inserting ''; and''; and
(3) by adding at the end the following:
``(C) in the establishment of the Department of the
Justice--
``(i) an Office of Inspector General of the
Department of Justice; and
``(ii) an Office of Inspector General for
the Federal Bureau of Investigation.''.
(c) Amendments to Section 8E of the Inspector General Act of
1978.--
(1) Limitation on authority of inspector general.--Section
8E(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(4) Paragraphs (1), (2), and (3) shall apply to the
Attorney General and the Director of the Federal Bureau of
Investigation, and the Inspector General for the Federal Bureau
of Investigation in the same manner and to the same extent as
such paragraphs apply to the Attorney General and the Inspector
General of the Department of Justice, respectively.''.
(2) Duties of inspector general of the department of
justice; relationship to the inspector general for the federal
bureau of investigation.--Section 8E(b) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(A) by inserting ``(1)'' after ``(b)'';
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively; and
(C) by adding at the end the following:
``(2) The Inspector General of the Department of Justice shall
exercise all duties and responsibilities of an Inspector General for
the Department of Justice other than the duties and responsibilities
exercised by the Inspector General for the Federal Bureau of
Investigation.
``(3) The Attorney General shall establish procedures under which
the Inspector General of the Department of Justice and the Inspector
General for the Federal Bureau of Investigation will--
``(A) determine how audits and investigations are allocated
in cases of overlapping jurisdiction; and
``(B) provide for coordination, cooperation, and efficiency
in the conduct of such audits and investigations.''.
(3) Transmission of reports.--Section 8E(c) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(A) by inserting ``(1)'' after ``(c)'';
(B) by striking ``Government Operations'' and
inserting ``Government Reform''; and
(C) by adding at the end the following:
``(2)(A) Any report made by the Inspector General for the Federal
Bureau of Investigation that is required to be transmitted by the
Attorney General to the appropriate committees or subcommittees of
Congress under section 5(d) shall also be transmitted, within the 7-day
period specified under such subsection, to the Director of the Federal
Bureau of Investigation.
``(B) Subparagraph (A) shall not apply to any report the subject of
which is the Director of the Federal Bureau of Investigation.''.
(4) Inspector general for the federal bureau of
investigation.--Section 8E of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by adding at the end the following:
``(d) The Inspector General for the Federal Bureau of Investigation
shall exercise all duties and responsibilities of an Inspector General
of an establishment with respect to the Department of Justice and the
Attorney General on all matters relating to the Federal Bureau of
Investigation. The Inspector General for the Federal Bureau of
Investigation shall have sole authority under this Act to conduct an
audit or investigation of the Director of the Federal Bureau of
Investigation.
``(e) In addition to the requirements of the first sentence of
section 3(a), the Inspector General for the Federal Bureau of
Investigation should have demonstrated ability to lead a large and
complex organization.
``(f) An individual appointed to the position of Inspector General
for the Federal Bureau of Investigation, the Assistant Inspector
General for Auditing of the Office of the Inspector General for the
Federal Bureau of Investigation under section 3(d)(1), the Assistant
Inspector General for Investigations of the Office of the Inspector
General for the Federal Bureau of Investigation under section 3(d)(2),
or any position of Deputy Inspector General of the Office of the
Inspector General for the Federal Bureau of Investigation may not be an
employee of the Federal Bureau of Investigation--
``(1) during the 2-year period preceding the date of
appointment to such position; or
``(2) during the 5-year period following the date such
individual ends service in such position.
``(g)(1) The Attorney General or the Director of the Federal Bureau
of Investigation may request, in writing, the Inspector General for the
Federal Bureau of Investigation to conduct an audit or investigation
relating to the Federal Bureau of Investigation. If the Inspector
General for the Federal Bureau of Investigation determines not to
conduct such audit or investigation, the Inspector General shall timely
provide a written explanation for such determination to the Attorney
General or the Director of the Federal Bureau of Investigation.
``(2)(A) Any final report of an audit conducted by the Inspector
General for the Federal Bureau of Investigation shall be timely
submitted by the Inspector General to the Attorney General and the
Director of the Federal Bureau of Investigation.
``(B) The Inspector General for the Federal Bureau of Investigation
shall--
``(i) periodically submit to the Attorney General and the
Director of the Federal Bureau of Investigation a list of
investigations for which a final report has been completed by
the Inspector General; and
``(ii) provide a copy of any such report to--
``(I) the Attorney General, upon the request of the
Attorney General; or
``(II) the Director of the Federal Bureau of
Investigation, upon the request of the Director, unless
the subject of the report is the Director of the
Federal Bureau of Investigation.
``(C) This paragraph applies regardless of whether the applicable
audit or investigation is requested under paragraph (1).''.
(d) Transfer of Functions.--
(1) In general.--Section 9(a)(1) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended in subparagraph (I)--
(A) by inserting ``(i)'' after ``(I)'';
(B) by inserting ``and'' after the semicolon; and
(C) by adding at the end the following:
``(ii) of the Federal Bureau of
Investigation, effective 180 days after the
date of enactment of the Inspector General for
the Federal Bureau of Investigation Act of
2001, the division of such bureau referred to
as the `Inspections Division' and that portion
of each of the divisions or offices of such
bureau which is engaged in internal audit and
investigative activities;''.
(2) Termination of office of the inspections division.--
Effective upon the transfer of functions under the amendment
made by paragraph (1), the division of the Federal Bureau of
Investigation referred to as the ``Inspections Division'' and
the Federal Bureau of Investigation Office of Professional
Responsibility are terminated.
(e) Audits and Reports of Agency Financial Statements.--Subject to
section 3521(g) of title 31, United States Code--
(1) the Inspector General of the Department of Justice
shall, subject to paragraph (2)--
(A) audit each financial statement in accordance
with section 3521(e) of such title; and
(B) prepare and submit each report required under
section 3521(f) of such title; and
(2) the Inspector General for the Federal Bureau of
Investigation shall--
(A) audit that portion of each financial statement
referred to under paragraph (1)(A) that relates to
custodial and administrative accounts of the Federal
Bureau of Investigation; and
(B) prepare that portion of each report referred to
under paragraph (1)(B) that relates to custodial and
administrative accounts of the Federal Bureau of
Investigation.
(f) Technical and Conforming Amendments.--
(1) Amendments relating to references to the inspector
general of the department of justice.--
(A) Limitation on authority.--Section 8E(a) of the
Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(i) in the first sentence of paragraph (1),
by inserting ``of the Department of the
Justice'' after ``Inspector General'';
(ii) in paragraph (2), by inserting ``of
the Department of Justice'' after ``prohibit
the Inspector General''; and
(iii) in paragraph (3)--
(I) in the first sentence, by
inserting ``of the Department of
Justice'' after ``notify the Inspector
General''; and
(II) in the second sentence, by
inserting ``of the Department of
Justice'' after ``notice, the Inspector
General''.
(B) Duties.--Section 8E(b) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(i) in paragraph (1), by striking ``the
Inspector General'' and inserting ``such
Inspector General''; and
(ii) in paragraph (2), by inserting ``of
the Department of Justice'' after ``Inspector
General''.
(2) Employee or contractor complaints.--Section 8H(a)(1)(B)
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended
by striking ``Department of Justice'' and inserting ``Federal
Bureau of Investigation''.
(3) Executive schedule level iv position.--Section 5315 of
title 5, United States Code, is amended by inserting after the
item relating to the Inspector General, Department of Justice
the following:
``Inspector General, Federal Bureau of Investigation.''.
(g) Effective Date.--This Act shall take effect 180 days after the
date of enactment of this Act. | Inspector General for the Federal Bureau of Investigation Act of 2001 - Amends the Inspector General Act of 1978 to establish in the Department of Justice (DOJ) an Office of Inspector General for the Federal Bureau of Investigation (FBI). Requires the Attorney General to establish procedures under which the Inspectors General for DOJ and the FBI provide for the allocation of audits and investigations in cases of overlapping jurisdiction. Outlines required duties of the Inspector General, including FBI audits and investigations. Transfers appropriate functions to such Inspector General. | {"src": "billsum_train", "title": "A bill to amend the Inspector General Act of 1978 (5 U.S.C. App.) to establish an Inspector General for the Federal Bureau of Investigation, and for other purposes."} | 2,311 | 112 | 0.622093 | 1.43782 | 0.777147 | 3.391753 | 22.536082 | 0.876289 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Madison Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 250th anniversary of
the birth of James Madison, the Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 800,000 1 dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(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 5134 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 minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the 250th anniversary of the birth
of James Madison and the life and achievements of the fourth
President of the United States.
(2) Designation 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 ``2001''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
executive director of Montpelier, the National Trust for
Historic Preservation, and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin 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 Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2001.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2001.
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 subsection (d) 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.
(d) Surcharges.--All sales shall include a surcharge of $10 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.
(a) In General.--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 Trust for Historic Preservation in the United
States (hereafter in this Act referred to as the ``National Trust'') to
be used--
(1) to establish an endowment to be a permanent source of
support for Montpelier, the life-long home of James Madison and
a museum property of the National Trust; and
(2) to fund capital restoration projects at Montpelier.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the National Trust and Montpelier as may be related to the
expenditures of amounts paid under subsection (a).
SEC. 9. 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. | James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States.
Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier. | {"src": "billsum_train", "title": "James Madison Commemorative Coin Act"} | 1,300 | 115 | 0.514324 | 1.323629 | 0.550717 | 4.60396 | 11.29703 | 0.920792 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Medicare
Medication Therapy Management Services Coverage Act of 2002''.
(b) Purpose.--The purpose of this Act is to provide coverage of
medication therapy management services under the medicare program for
beneficiaries at risk for potential medication problems, such as
beneficiaries taking multiple medications and beneficiaries with
complex or chronic medical conditions.
SEC. 2. MEDICARE COVERAGE OF MEDICATION THERAPY MANAGEMENT SERVICES FOR
CERTAIN HIGH-RISK PATIENTS.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(U);
(B) by adding ``and'' at the end of subparagraph
(V); and
(C) by adding at the end the following new
subparagraph:
``(W) medication therapy management services (as defined in
subsection (ww)(1)(A)) for individuals who are receiving
medication for a condition and are otherwise determined to be
at high risk (as defined by the Secretary), and including
disease specific management services for individuals who are
receiving medication for the treatment of asthma or diabetes,
lipid reducing medication, anti-coagulation medication, or
medication for such other chronic diseases as the Secretary may
specify;'';
(2) by adding at the end the following new subsection:
``Medication Therapy Management Services; Qualified Pharmacist
``(ww)(1)(A) The term `medication therapy management services'
means--
``(i) services or programs furnished by a qualified
pharmacist in an eligible State which are designed--
``(I) to assure that medications are used
appropriately by individuals;
``(II) to enhance individuals' understanding of the
appropriate use of medications;
``(III) to increase individuals' compliance with
prescription medication regimens;
``(IV) to reduce the risk of potential adverse
events associated with medications; and
``(V) to reduce the need for other costly medical
services through better management of medication
therapy; and
``(ii) services provided by qualified pharmacists in
collaboration with physicians and other health care
professionals when necessary, involving case management,
disease management, patient training and education, medication
refill reminders, medication therapy problem resolution,
laboratory testing conducted to monitor medication therapy,
other services of qualified pharmacists that enhance the use of
prescription medications, and such other professional services
of qualified pharmacists, consistent with the scope of the
practice of pharmacy as defined by applicable State law or
regulation.
``(B) The term `disease specific management services' means
medication therapy management services provided to individuals who are
receiving medication for the treatment of asthma or diabetes, lipid
reducing medication, anti-coagulation medication, or medication for
such other chronic diseases as the Secretary may specify, only pursuant
to a protocol with the individual's treating physician under which the
qualified pharmacist may initiate or modify the medication therapy, and
carry out such additional medication therapy management services as is
provided under State law or regulation, as permitted under the
protocol.
``(C) Covered medication therapy management services are covered
under this title only if they are documented and shared with the
appropriate physician and other health care providers (as established
under a reporting system developed by State Boards of Pharmacy).
``(2) The term `qualified pharmacist' means an individual who--
``(A) is a licensed pharmacist in good standing with the
State Board of Pharmacy;
``(B) with respect only to the provision of disease
specific management services, is currently certified by a
nationally recognized licensed certification or credentialing
program to furnish medication management therapy services for
the diseases referred to in paragraph (1)(B); and
``(C) has a separate, private consultation area in which to
provide covered.
``(3) The term `eligible State' means a State that meets such
criteria as the Secretary may establish for the licensing or
credentialing of qualified pharmacists for the provision of medication
therapy management services in the State, and shall include a State
that is eligible for payments under title XIX for the provision of such
services under the State plan.''; and
(3) in subsection (aa)(6), by inserting ``(or, with respect
to subsection (ww)(1)(B), a qualified pharmacist)'' after
``nurse practitioner'' and by inserting ``(or pharmacist's)''
after ``practitioner's''.
(b) Payment.--
(1) In general.--Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended--
(A) in subsection (a)(1)--
(i) by striking ``and'' before ``(U)''; and
(ii) by inserting before the semicolon at
the end the following: ``, and (V) with respect
to covered medication therapy management
services (as defined in section 1861(ww)(1)),
the amounts paid shall be 80 percent of the
lesser of the actual charge or the amounts
specified under the fee schedule developed
under subsection (p)''; and
(B) by inserting after subsection (o) the following
new subsection:
``(p) With respect to medication therapy management services (as
defined in section 1861(ww)(1)), the Secretary shall establish a fee
schedule--
``(1) under which payments are based on an encounter and
increase in 15 minute increments; and
``(2) in which, in order to be paid for a 15-minute
increment, the majority of the time be spent by the qualified
pharmacist in providing covered services.''.
(2) Application of balance billing limitations.--Section
1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)) is
amended by adding at the end the following new clause:
``(vii) A qualified pharmacist (as defined in section
1861(ww)(2)).''.
(3) Report to congress.--Not later than 3 years after the
date of the enactment of this Act, the Secretary of Health and
Human Services shall submit to Congress a report on fee
schedule developed under section 1834(p) of the Social Security
Act (as added by paragraph (1)) for covered medication therapy
management services under part B of the medicare program.
(c) Program Operation.--
(1) Development in consultation with pharmacy
organizations.--The Secretary of Health and Human Services
shall carry out the amendments made by this section in
cooperation with organizations representing qualified
pharmacists, including--
(A) identifying medication therapy management
services that will be covered; and
(B) establishing payment mechanisms for such
services.
(2) Ongoing evaluation.--The Secretary shall provide for an
ongoing evaluation and documentation of the provision of
medication therapy management services under such amendment in
improving quality of care and reducing health care costs.
(d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2004. | Medicare Medication Therapy Management Services Coverage Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medication therapy management services for certain patients at high risk for potential medication problems, including: (1) beneficiaries taking multiple medications; (2) beneficiaries with complex or chronic medical conditions; and (3) individuals receiving medication for the treatment of asthma or diabetes, lipid reducing medication, anti-coagulation medication, or medication for other chronic diseases the Secretary may specify. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for coverage of medication therapy management services, including disease specific management services, for certain high-risk patients under the Medicare Program."} | 1,584 | 105 | 0.661521 | 1.643162 | 1.470339 | 5.591837 | 14.897959 | 0.979592 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Employment Outcomes of
TANF Recipients Act''.
SEC. 2. IMPROVING ECONOMIC MOBILITY OF TANF RECIPIENTS.
Section 403(a)(4) of the Social Security Act (42 U.S.C. 603(a)(4))
is amended to read as follows:
``(4) Improving economic mobility of tanf recipients.--
``(A) Measuring state performance.--
``(i) In general.--Each State, in
consultation with the Secretary, shall collect
and report information necessary to measure the
level of performance of the State for each
indicator described in clause (ii), for fiscal
year 2018 and each fiscal year thereafter, and
the Secretary shall use the information
collected for fiscal year 2018 to establish the
baseline level of performance of each State for
each such indicator.
``(ii) Indicators.--The indicators
described in this clause, for a fiscal year,
are the following:
``(I) The employment percentage for
the fiscal year, which is equal to--
``(aa) the number of
families receiving assistance
under the State program funded
under this part or any other
State program funded with
qualified State expenditures
(as defined in section
409(a)(7)(B)(ii)) who, during a
quarter in the fiscal year,
exited from the program, and
who, during the 2nd quarter
after the exit, include an
adult in unsubsidized
employment; divided by
``(bb) the number of
families who received
assistance from the program in
the exit quarter referred to in
subclause (aa).
``(II) The retention percentage for
the fiscal year, which is equal to--
``(aa) the number of
families receiving assistance
from the State program funded
under this part or any other
State program funded with
qualified State expenditures
(as defined in section
409(a)(7)(B)(ii)) who, during a
quarter in the fiscal year,
exited from the program, and
who, during the 4th quarter
after the exit, include an
adult in unsubsidized
employment; divided by
``(bb) the number of
families who received
assistance under the program in
the exit quarter referred to in
subclause (aa).
``(III) The advancement measure for
the fiscal year, which is equal to the
median earnings of the adults receiving
assistance under the State program
funded under this part or any other
State program funded with qualified
State expenditures (as defined in
section 409(a)(7)(B)(ii)) who, during a
quarter in the fiscal year, exited from
the program, and who during the 2nd
quarter after the exit, are in
unsubsidized employment.
``(iii) Agreement on requisite performance
level for each indicator.--
``(I) Fiscal years 2019 and 2020.--
The State shall reach agreement with
the Secretary on the requisite level of
performance for each indicator
described in clause (ii), for each of
fiscal years 2019 and 2020. In
establishing the requisite levels of
performance, the State and the
Secretary shall--
``(aa) take into account
how the levels involved compare
with the levels established for
other States;
``(bb) ensure the levels
involved are adjusted, using
the objective statistical model
referred to in clause (v),
based on--
``(AA) the
differences among
States in actual
economic conditions,
including differences
in unemployment rates
and job losses or gains
in particular
industries; and
``(BB) the
characteristics of
participants on entry
into the program,
including indicators of
prior work history,
lack of educational or
occupational skills
attainment, or other
factors that may affect
employment and
earnings; and
``(cc) take into account
the extent to which the levels
involved promote continuous
improvement in performance by
each State.
``(II) Fiscal year 2021.--The State
shall reach agreement with the
Secretary, before fiscal year 2021, on
the requisite level of performance for
each indicator described in clause
(ii), for fiscal year 2021, which shall
be established in accordance with
subclause (I) of this clause.
``(iv) Revisions based on economic
conditions and individuals receiving assistance
during the fiscal year.--The Secretary shall,
in accordance with the objective statistical
model referred to in clause (v), revise the
requisite levels of performance for a fiscal
year and a State to reflect the actual economic
conditions and characteristics of participants
during that fiscal year in the State.
``(v) Statistical adjustment model.--The
Secretary shall use an objective statistical
model to make adjustments to the requisite
levels of performance for actual economic
conditions and characteristics of participants,
and shall consult with the Secretary of Labor
to develop a model that is the same as or
similar to the model described in section
116(b)(3)(viii) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141).
``(B) Report on state performance.--
``(i) In general.--Not later than October
1, 2017, the Secretary shall develop a template
which each State shall use to report on
outcomes achieved under the State program
funded under this part or any other State
program funded with qualified State
expenditures (as defined in section
409(a)(7)(B)(i)).
``(ii) Contents.--Each such report shall
include--
``(I) the number of individuals who
exited the program during the year, and
their reasons for doing so, including a
separate accounting of the number of
work-eligible individuals (as so
defined) who exited the program during
the year and their reasons for doing
so;
``(II) the characteristics of the
individuals who exited the program
during the year, including information
on the length of time the individual
received assistance under the program,
the educational level of the
individual, and the earnings of the
individual in the 4 quarters preceding
the exit; and
``(III) information specifying the
levels of performance achieved on each
indicator described in subparagraph
(A)(ii).
``(iii) Publication.--Not later than
September 30 of fiscal year 2020 and of each
succeeding fiscal year, the Secretary shall
make available electronically to the public
each report submitted under this subparagraph
during the fiscal year.
``(C) Regulations.--The Secretary, in consultation
with the Secretary of Labor, shall prescribe such
regulations as may be necessary to provide for the
measurement of State performance on the indicators
described in this paragraph.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2016.
Amend the title so as to read: ``A bill to increase the
employment, job retention, and earnings of former TANF
recipients.''. | Improving Employment Outcomes of TANF Recipients Act (Sec. 2) This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to replace the current program of bonus grants for high performing states with a program requiring each state to collect and report information necessary to measure the state's level of performance for FY2018 and each ensuing fiscal year for each employment percentage, retention percentage, and earnings advancement measure for adults in unsubsidized employment after exiting the TANF program (indicators). The Department of Health and Human Services (HHS) shall use the information collected for FY2018 to establish the baseline level of performance of each state for each indicator. The state shall reach agreement with HHS: (1) on the requisite level of performance for each indicator for FY2019-FY2020; and (2) before FY2021 on the requisite level of performance for each indicator for that fiscal year. HHS shall revise the requisite levels of performance for a fiscal year and a state to reflect the actual economic conditions and characteristics of participants. HHS shall use an objective statistical model to make such performance level adjustments, and shall consult with the Department of Labor to develop a statistical adjustment model similar to one described in the Workforce Innovation and Opportunity Act. HHS shall also develop a template which each state shall use to report on outcomes achieved under the new program or any other state program funded with qualified state expenditures. | {"src": "billsum_train", "title": "Improving Employment Outcomes of TANF Recipients Act"} | 1,516 | 320 | 0.663903 | 2.077492 | 0.776712 | 3.127273 | 5.210909 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arsenic-Treated Residential-Use Wood
Prohibition Act''.
SEC. 2. HAZARDOUS WASTE CLASSIFICATION.
Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e))
is amended by adding at the end the following:
``(3) CCA-treated wood.--
``(A) Definitions.--In this paragraph:
``(i) Arsenic-treated wood.--The term
`arsenic-treated wood' means wood treated with
an arsenical pesticide.
``(ii) CCA-treated wood.--The term `CCA-
treated wood' means wood that is treated with
any pesticide that is an inorganic arsenical or
chromated copper arsenical.
``(iii) Pesticide.--The term `pesticide'
has the meaning given the term in section 2 of
the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
``(B) Regulation of cca-treated wood.--
``(i) In general.--Notwithstanding section
261.4(b)(9) of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph), or any similar
successor regulation, discarded CCA-treated
wood, other arsenical-treated wood, and CCA-
treated sawdust shall be disposed of in a lined
landfill with a leachate system and groundwater
monitoring system (or such other system as the
Administrator determines is appropriate to
capture arsenic and prevent arsenic from
contaminating groundwater).
``(ii) Risk assessment.--
``(I) In general.--Not later than
March 15, 2003, the Administrator, in
consultation with the Consumer Products
Safety Commission, shall publish in the
Federal Register an assessment of the
risks posed by the production, cutting,
milling, sanding, mulching, and use of
CCA-treated wood.
``(II) Methodology.--In conducting
the risk assessment, the Administrator
shall follow the methodology
recommended by the Scientific Advisory
Panels which were organized by the
United States Environmental Protection
Agency and which met in October 2001.
``(C) Prohibition of production.--
``(i) In general.--As soon as practicable
after the date of enactment of this paragraph,
the Administrator shall promulgate regulations
that--
``(I) provide for the cessation of
production of CCA-treated wood not
later than 60 days after the date of
enactment of this paragraph; and
``(II) prohibit the production of
CCA-treated wood on and after that
date.
``(ii) Exemptions.--If the Administrator
publishes in the Federal Register a notice that
the uses of CCA-treated wood identified in
subclauses (I), (II), and (III) are safe, as of
the date of publication of that notice, clause
(i) shall not apply to the production of CCA-
treated wood used for--
``(I) railroad ties;
``(II) marine pilings; or
``(III) utility poles.''.
SEC. 3. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER.
(a) In General.--The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
(1) by redesignating sections 33 and 34 as sections 34 and
35, respectively; and
(2) by inserting after section 32 the following:
``SEC. 33. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER.
``(a) Definitions.--In this section:
``(1) CCA-treated wood.--The term `CCA-treated wood' means
wood that is treated with any pesticide that is a chromated
copper arsenical.
``(2) Manufacture.--The term `manufacture', with respect to
CCA-treated wood and items described in subsection (b)(1),
includes--
``(A) the creation of a product designed to be
assembled by a consumer; and
``(B) the building of a product on behalf of a
consumer in accordance with specifications given by the
consumer.
``(b) Prohibition.--Notwithstanding any other provision of law,
except as provided in paragraph (3)(C)(ii) of section 3001(e) of the
Solid Waste Disposal Act (42 U.S.C. 6921(e)), not later than 90 days
after the date of enactment of this subsection, the Administrator shall
promulgate regulations that prohibit the use of CCA-treated wood--
``(1) in the manufacture of any product that may be used
for or by children, including--
``(A) playground equipment, play houses, or other
structures designed for frequent use specifically by
children;
``(B) fences;
``(C) walkways;
``(D) docks, including residential docks,
residential landscaping and boat houses; and
``(E) any other similar product, as determined by
the Administrator; and
``(2) for mulch, compost, a soil amendment, or any other
residential or occupational purpose, as determined by the
Administrator.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
121) is amended by striking the items relating to sections 30 and 31
and inserting the following:
``Sec. 30. Minimum requirements for training of maintenance applicators
and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Prohibition of certain uses of arsenic-treated lumber.
``(a) Definitions.
``(1) CCA-treated wood.
``(2) Manufacture.
``(b) Prohibition.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND
SCHOOL SYSTEMS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) CCA-treated wood.--The term ``CCA-treated wood'' means
wood that is treated with any pesticide that is an inorganic
arsenical or chromated copper arsenical.
(3) Pesticide.--The term ``pesticide'' has the meaning
given the term in section 2 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136).
(b) Educational Program.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop and conduct an
educational program to assist consumers, State and local governments,
school systems, and other institutions in--
(1) testing arsenic levels in CCA-treated wood and soil
surrounding CCA-treated wood;
(2) making decisions relating to the containment and
removal of CCA-treated wood from homes, playgrounds, schools,
and other facilities designed primarily for use by children;
and
(3) providing guidance regarding the decontamination of
soils, mulches, and other media under structures made of CCA-
treated wood where children or pets may be exposed to arsenic.
(c) Assistance for Schools.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a pilot
program to provide grants and technical assistance to school systems to
assist the school systems in--
(1) removing playground and other equipment containing CCA-
treated wood from grounds of the school systems;
(2) applying sealant to CCA-treated wood structures; and
(3) conducting any necessary remediation relating to use of
CCA-treated wood.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Arsenic-Treated Residential-Use Wood Prohibition Act - Amends the Solid Waste Disposal Act to: (1) list CCA-treated wood (wood treated with a pesticide that is an inorganic arsenical or chromated copper arsenical) as a hazardous waste; (2) require disposal of discarded CCA wood, notwithstanding regulations exempting certain solid wastes from the definition of hazardous waste, in a lined landfill with a leachate system and groundwater monitoring system; (3) require the Administrator of the Environmental Protection Agency to conduct an assessment of the risks of CCA-treated wood production, processing, and use; and (4) direct the Administrator to promulgate regulations for the cessation and prohibition of production of such wood, with exceptions.
Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require the Administrator to promulgate regulations prohibiting the use of CCA-treated wood (for FIFRA purposes, wood treated with a pesticide that is a chromated copper arsenical) in the manufacture, production, or use of any product that may be used for or by children or for mulch, compost, a soil amendment, or any other residential or occupational purpose.
Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning CCA-treated wood containment, removal, and decontamination; and (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing CCA-treated wood and remediation activities. | {"src": "billsum_train", "title": "A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to prohibit the use of arsenic-treated lumber as mulch, compost, or a soil amendment, and to prohibit the manufacture of arsenic-treated wood for use as playground equipment for children, fences, walkways, or decks or for other residential or occupational purposes, and for other purposes."} | 1,965 | 378 | 0.65821 | 1.881524 | 0.810365 | 3.887417 | 5.39404 | 0.927152 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers and Veterans
Empowerment and Support Act of 2017''.
SEC. 2. EXPANSION OF COVERAGE BY THE DEPARTMENT OF VETERANS AFFAIRS OF
COUNSELING AND TREATMENT FOR SEXUAL TRAUMA.
(a) Coverage of Cyber Harassment of a Sexual Nature.--Paragraph (1)
of section 1720D(a) of title 38, United States Code, is amended by
inserting ``cyber harassment of a sexual nature,'' after ``battery of a
sexual nature,''.
(b) Expansion of Availability for Members of the Armed Forces.--
Paragraph (2)(A) of such section is amended--
(1) by striking ``on active duty''; and
(2) by inserting ``that was suffered by the member while
serving on active duty, active duty for training, or inactive
duty training'' before the period at the end.
SEC. 3. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL HEALTH
CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA.
(a) Standard of Proof.--Section 1154 of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(c)(1) In the case of any veteran who claims that a covered
mental health condition was incurred in or aggravated by military
sexual trauma during active military, naval, or air service, the
Secretary shall accept as sufficient proof of service-connection a
diagnosis of such mental health condition by a mental health
professional together with satisfactory lay or other evidence of such
trauma and an opinion by the mental health professional that such
covered mental health condition is related to such military sexual
trauma, if consistent with the circumstances, conditions, or hardships
of such service, notwithstanding the fact that there is no official
record of such incurrence or aggravation in such service, and, to that
end, shall resolve every reasonable doubt in favor of the veteran.
Service-connection of such covered mental health condition may be
rebutted by clear and convincing evidence to the contrary. The reasons
for granting or denying service-connection in each case shall be
recorded in full.
``(2) In this subsection:
``(A) The term `covered mental health condition' means
post-traumatic stress disorder, anxiety, depression, or other
mental health diagnosis described in the current version of the
Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association that the Secretary
determines to be related to military sexual trauma.
``(B) The term `military sexual trauma' means, with respect
to a veteran, a physical assault of a sexual nature, battery of
a sexual nature, cyber harassment of a sexual nature, or sexual
harassment which occurred during active military, naval, or air
service.''.
(b) Use of Evidence in Evaluating Disability Claims Involving
Military Sexual Trauma.--
(1) In general.--Subchapter VI of chapter 11 of such title
is amended by adding at the end the following new section:
``Sec. 1164. Evaluation of claims involving military sexual trauma
``(a) Nonmilitary Sources of Evidence.--(1) In carrying out section
1154(c) of this title, the Secretary shall ensure that if a claim for
compensation under this chapter is received by the Secretary for post-
traumatic stress disorder based on a physical assault of a sexual
nature, battery of a sexual nature, cyber harassment of a sexual
nature, or sexual harassment experienced by a veteran during active
military, naval, or air service, evidence from sources other than
official records of the Department of Defense regarding the veteran's
service may corroborate the veteran's account of the assault, battery,
or harassment.
``(2) Examples of evidence described in paragraph (1) include the
following:
``(A) Records from law enforcement authorities, rape crisis
centers, mental health counseling centers, hospitals, and
physicians.
``(B) Pregnancy tests and tests for sexually transmitted
diseases.
``(C) Statements from family members, roommates, other
members of the Armed Forces or veterans, and clergy.
``(b) Behavior Changes Corroborating Evidence.--(1) In carrying out
section 1154(c) of this title, the Secretary shall ensure that evidence
of a behavior change following an assault, battery, or harassment
described in subsection (a)(1) is one type of relevant evidence that
may be found in sources described in such subsection.
``(2) Examples of behavior changes that may be relevant evidence of
an assault, battery, or harassment described in subsection (a)(1)
include the following:
``(A) A request for a transfer to another military duty
assignment.
``(B) Deterioration in work performance.
``(C) Substance abuse.
``(D) Episodes of depression, panic attacks, or anxiety
without an identifiable cause.
``(E) Unexplained economic or social behavior changes.
``(c) Notice and Opportunity To Supply Evidence.--The Secretary may
not deny a claim of a veteran for compensation under this chapter for a
post-traumatic stress disorder that is based on an assault, battery, or
harassment described in subsection (a)(1) without first--
``(1) advising the veteran that evidence described in
subsections (a) and (b) may constitute credible corroborating
evidence of the assault, battery, or harassment; and
``(2) allowing the veteran an opportunity to furnish such
corroborating evidence or advise the Secretary of potential
sources of such evidence.
``(d) Review of Evidence.--In reviewing a claim for compensation
described in subsection (a)(1), for any evidence received with such
claim that is described in subsection (a) or (b), the Secretary may
submit such evidence to such medical or mental health professional as
the Secretary considers appropriate, including clinical and counseling
experts employed by the Department, to obtain a credible opinion as to
whether the evidence indicates that an assault, battery, or harassment
described in subsection (a)(1) occurred.
``(e) Point of Contact.--The Secretary shall ensure that each
document provided to a veteran relating to a claim for compensation
described in subsection (a)(1) includes contact information for an
appropriate point of contact with the Department.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1164. Evaluation of claims involving military sexual trauma.''.
(c) Annual Reports.--
(1) In general.--Subchapter VI of chapter 11 of title 38,
United States Code, as amended by subsection (b), is further
amended by adding at the end the following new section:
``Sec. 1165. Annual reports on claims for disabilities incurred or
aggravated by military sexual trauma
``(a) Reports.--Not later than March 1, 2018, and not less
frequently than once each year thereafter through 2027, the Secretary
shall submit to Congress a report on covered claims submitted during
the previous fiscal year to identify and track the consistency of
decisions across regional offices.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) The number of covered claims submitted to or
considered by the Secretary during the fiscal year covered by
the report.
``(2) Of the covered claims listed under paragraph (1), the
number and percentage of such claims--
``(A) submitted by each sex;
``(B) that were approved, including the number and
percentage of such approved claims submitted by each
sex; and
``(C) that were denied, including the number and
percentage of such denied claims submitted by each sex.
``(3) Of the covered claims listed under paragraph (1) that
were approved, the number and percentage, disaggregated by sex,
of claims assigned to each rating percentage.
``(4) Of the covered claims listed under paragraph (1) that
were denied--
``(A) the three most common reasons given by the
Secretary under section 5104(b)(1) of this title for
such denials; and
``(B) the number of denials that were based on the
failure of a veteran to report for a medical
examination.
``(5) The number of covered claims that, as of the end of
the fiscal year covered by the report, are pending and,
separately, the number of such claims on appeal.
``(6) For the fiscal year covered by the report, the
average number of days that covered claims take to complete,
beginning on the date on which the claim is submitted.
``(7) A description of the training that the Secretary
provides to employees of the Veterans Benefits Administration
specifically with respect to covered claims, including the
frequency, length, and content of such training.
``(c) Definitions.--In this section:
``(1) The term `covered claims' means claims for disability
compensation submitted to the Secretary based on a covered
mental health condition alleged to have been incurred or
aggravated by military sexual trauma.
``(2) The terms `covered mental health condition' and
`military sexual trauma' have the meanings given such terms in
section 1154(c)(3) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by subsection (b), is
further amended by adding at the end the following new item:
``1165. Annual reports on claims for disabilities incurred or
aggravated by military sexual trauma.''.
(d) Effective Date.--Subsection (c) of section 1154 of title 38,
United States Code, as added by subsection (a), shall apply with
respect to any claim for disability compensation under laws
administered by the Secretary of Veterans Affairs for which no final
decision has been made before the date of the enactment of this Act.
SEC. 4. INFORMATION FOR MEMBERS OF THE ARMED FORCES REGARDING
AVAILABILITY OF SERVICES AT VET CENTERS.
(a) In General.--The Secretary of Defense shall inform members of
the Armed Forces, using mechanisms available to the Secretary, of the
eligibility of such members for services at Vet Centers.
(b) Information From Sexual Assault Response Coordinators.--The
Secretary shall ensure that Sexual Assault Response Coordinators of the
Department of Defense advise members of the Armed Forces who report
instances of military sexual trauma regarding the eligibility of such
members for services at Vet Centers.
(c) Definitions.--In this section:
(1) Military sexual trauma.--The term ``military sexual
trauma'' means psychological trauma described in section
1720D(a)(1) of title 38, United States Code.
(2) Vet center.--The term ``Vet Center'' has the meaning
given that term in section 1712A(h) of such title. | Servicemembers and Veterans Empowerment and Support Act of 2017 This bill expands Department of Defense (DOD) sexual trauma counseling and treatment to include: (1) cyber harassment of a sexual nature, and (2) members of the Armed Forces on active duty for training or inactive duty training. The bill sets forth the standard of proof, which may be rebutted, in the case of a veteran who claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active service. The reasons for granting or denying service-connection in each case shall be recorded in full. DOD shall ensure that: (1) in a compensation claim for post-traumatic stress disorder based on sexual assault, battery, cyber harassment, or harassment experienced during active military service, non-DOD evidence may corroborate the veteran's account of such assault, battery, or harassment; and (2) behavior changes may be considered as corroborating evidence. DOD shall: (1) report annually through 2027 on submitted claims to identify and track the consistency of decisions across regional offices, (2) inform members of the Armed Forces of their eligibility for services at Vet Centers, and (3) ensure that Sexual Assault Response Coordinators advise members of the Armed Forces who report instances of military sexual trauma about their eligibility for Vet Center services. | {"src": "billsum_train", "title": "Servicemembers and Veterans Empowerment and Support Act of 2017"} | 2,418 | 283 | 0.658099 | 2.055488 | 0.792917 | 4.148438 | 8.742188 | 0.945313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Outreach Improvement Act of
2003''.
SEC. 2. DEFINITION OF OUTREACH.
Section 101 of title 38, United States Code, is amended by adding
at the end the following new paragraph:
``(34) The term `outreach' means the act or process of reaching out
in a systematic manner to proactively provide information, services,
and benefits counseling to veterans, and to the spouses, children, and
parents of veterans who may be eligible to receive benefits under the
laws administered by the Secretary, to ensure that such individuals are
fully informed about, and assisted in applying for, any benefits and
programs under such laws.''.
SEC. 3. AUTHORITIES AND REQUIREMENTS FOR ENHANCEMENT OF OUTREACH OF
ACTIVITIES DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 5 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER IV--OUTREACH
``Sec. 561. Outreach activities: funding
``(a) The Secretary shall establish a separate account for the
funding of the outreach activities of the Department, and shall
establish within such account a separate subaccount for the funding of
the outreach activities of each element of the Department specified in
subsection (c).
``(b) In the budget justification materials submitted to Congress
in support of the Department budget for any fiscal year (as submitted
with the budget of the President under section 1105(a) of title 31),
the Secretary shall include a separate statement of the amount
requested for such fiscal year for activities as follows:
``(1) For outreach activities of the Department in
aggregate.
``(2) For outreach activities of each element of the
Department specified in subsection (c).
``(c) The elements of the Department specified in this subsection
are as follows:
``(1) The Veterans Health Administration.
``(2) The Veterans Benefits Administration.
``(3) The National Cemetery Administration.
``Sec. 562. Outreach activities: coordination of activities within
Department
``(a) The Secretary shall establish and maintain procedures for
ensuring the effective coordination of the outreach activities of the
Department between and among the following:
``(1) The Office of the Secretary.
``(2) The Office of Public Affairs.
``(3) The Veterans Health Administration.
``(4) The Veterans Benefits Administration.
``(5) The National Cemetery Administration.
``(b) The Secretary shall--
``(1) periodically review the procedures maintained under
subsection (a) for the purpose of ensuring that such procedures
meet the requirement in that subsection; and
``(2) make such modifications to such procedures as the
Secretary considers appropriate in light of such review in
order to better achieve that purpose.
``Sec. 563. Outreach activities: cooperative activities with States;
grants to States for improvement of outreach
``(a) It is the purpose of this section to assist States in
carrying out programs that offer a high probability of improving
outreach and assistance to veterans, and to the spouses, children, and
parents of veterans who may be eligible to receive veterans' or
veterans'-related benefits, to ensure that such individuals are fully
informed about, and assisted in applying for, any veterans' and
veterans'-related benefits and programs (including under State
veterans' programs).
``(b) The Secretary shall ensure that outreach and assistance is
provided under programs referred to in subsection (a) in locations
proximate to populations of veterans and other individuals referred to
in that subsection, as determined utilizing criteria for determining
the proximity of such populations to veterans health care services.
``(c) The Secretary may enter into cooperative agreements and
arrangements with veterans agencies of the States in order to carry
out, coordinate, improve, or otherwise enhance outreach by the
Department and the States (including outreach with respect to State
veterans' programs).
``(d)(1) The Secretary may award grants to veterans agencies of
States in order to achieve purposes as follows:
``(A) To carry out, coordinate, improve, or otherwise
enhance outreach, including activities pursuant to cooperative
agreements and arrangements under subsection (c).
``(B) To carry out, coordinate, improve, or otherwise
enhance activities to assist in the development and submittal
of claims for veterans' and veterans'-related benefits,
including activities pursuant to cooperative agreements and
arrangements under subsection (c).
``(2) A veterans agency of a State receiving a grant under this
subsection may use the grant amount for purposes described in paragraph
(1) or award all or any portion of such grant amount to local
governments in such State, other public entities in such State, or
private non-profit organizations in such State for such purposes.
``(e) Amounts available for the Department for outreach in the
account under section 561 of this title shall be available for
activities under this section, including grants under subsection
(d).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of such title is amended by adding at the end the following
new items
``SUBCHAPTER IV--OUTREACH
``561. Outreach activities: funding.
``562. Outreach activities: coordination of activities within
Department.
``563. Outreach activities: cooperative activities with States; grants
to States for improvement of outreach.''. | Veterans Outreach Improvement Act of 2003 - Directs the Secretary of Veterans to establish a separate account for the funding of outreach activities of the Department of Veterans Affairs and a separate subaccount for the funding of outreach activities of the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to: (1) establish and maintain procedures for ensuring the effective coordination of Department outreach activities between and among such elements, the Office of the Secretary, and the Office of Public Affairs; and (2) ensure that outreach is provided in locations proximate to populations of veterans and other individuals in States that offer a high probability of improving veterans' outreach and assistance. Authorizes the Secretary to award grants to appropriate State veterans agencies for such purpose. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to improve the outreach activities of the Department of Veterans Affairs, and for other purposes."} | 1,164 | 158 | 0.664412 | 1.695363 | 0.761639 | 3.806897 | 8.048276 | 0.97931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial UAS Modernization Act''.
SEC. 2. INTERIM RULE FOR THE OPERATION OF SMALL UNMANNED AIRCRAFT FOR
COMMERCIAL PURPOSES.
(a) In General.--Subtitle B of title III of the FAA Modernization
and Reform Act of 2012 (Public Law 112-95) is amended by adding at the
end the following:
``SEC. 337. OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL
PURPOSES.
``(a) In General.--An individual may operate a small unmanned
aircraft for commercial purposes without an airworthiness certificate
within the United States, subject to the requirements under subsection
(b) and the operating restrictions under subsection (c) during the
period beginning on the date of the enactment of the Commercial UAS
Modernization Act and ending on the effective date of a final rule
based on the notice of proposed rulemaking issued on February 23, 2015,
entitled `Operation and Certification of Small Unmanned Aircraft
Systems' (80 Fed. Reg. 9544).
``(b) General Requirements.--
``(1) Liability insurance.--A small unmanned aircraft may
not be operated for commercial purposes during the period set
forth in subsection (a) unless the Administrator receives an
attestation that the owner of such aircraft has a liability
insurance policy covering the operation of such aircraft.
``(2) Registration.--A small unmanned aircraft may not be
operated for commercial purposes unless the owner has
registered the aircraft as required by the Federal Aviation
Administration.
``(3) Testing requirements.--
``(A) Exam development.--Not later than 30 days
after the date of the enactment of the Commercial UAS
Modernization Act, the Administrator of the Federal
Aviation Administration shall develop an initial
aeronautical knowledge test that meets the requirements
set forth in the notice of proposed rulemaking referred
to in subsection (a).
``(B) Requirements.--An individual may not operate
a small unmanned aircraft for commercial purposes
unless such individual has--
``(i) received a passing grade on the test
developed under subparagraph (A);
``(ii) passed a proficiency test
administered by a test site selected pursuant
to section 332(c); and
``(iii) demonstrated the ability to fly the
aircraft in accordance with the operating
restrictions set forth in subsection (c).
``(4) Certification.--A small unmanned aircraft may not be
operated for commercial purposes until the operator of a test
site selected pursuant to section 332(c), in collaboration with
a designated airworthiness representative, certifies that the
small unmanned aircraft--
``(A) meets the requirements for small unmanned
aircraft set forth in the notice of proposed rulemaking
referred to in subsection (a); and
``(B) is capable of operating within the limits
described in subsection (c).
``(c) Operating Restrictions.--During the period set forth in
subsection (a), small unmanned aircraft operated for commercial
purposes--
``(1) may only be operated under visual line of sight
rules;
``(2) may not be operated higher than 500 feet above ground
level;
``(3) may not be operated unless the operator has prior
authorization from the air traffic control facility having
jurisdiction over that airspace--
``(A) in Class B, Class C, or Class D airspace; or
``(B) within the lateral boundaries of the surface
area of Class E airspace designated for an airport;
``(4) may only be operated in daylight conditions;
``(5) shall yield right of way to all other users of the
National Airspace System;
``(6) may not be operated by any individual with any
physical or mental condition that the individual knows, or has
reason to know, would interfere with the safe operation of the
aircraft; and
``(7) may only be operated after a preflight inspection (as
described in the notice of proposed rulemaking referred to in
subsection (a)).
``(d) Accident Reporting.--The operator of a small unmanned
aircraft that is involved in any accident causing personal injury or
property damage, other than to the small unmanned aircraft, shall
report such accident to the Federal Aviation Administration not later
than 2 days after such accident.
``SEC. 338. MICRO UAS OPERATIONS.
``(a) Micro UAS Classification.--The Administrator of the Federal
Aviation Administration shall provide for a micro UAS classification of
unmanned aircraft systems, the aircraft component of which may not
weigh more than 4.4 pounds, including payload.
``(b) Micro UAS Operational Limitations.--The operation of a micro
UAS shall be subject to the exemptions under subsection (c) only if the
micro UAS is operated--
``(1) less than 400 feet above ground level;
``(2) at an airspeed of not greater than 40 knots;
``(3) within the visual line of sight of the operator;
``(4) during daylight; and
``(5) at least 5 statute miles from the geographic center
of an airport as denoted on a current aeronautical chart
published by the Federal Aviation Administration, except that
upon notice to the airport operator and air traffic control
tower, such airport operator may allow an individual to operate
a micro UAS within 5 statute miles of a tower-controlled
airport.
``(c) Micro UAS Exemptions.--
``(1) An operator of a micro UAS that complies with the
limitations of operation under subsection (b) shall not be
required to pass any aeronautical knowledge test or meet any
age or experience requirement, including any requirements under
section 44703 of title 49, United States Code, part 61 of title
14, Code of Federal Regulations, and any other rule or
regulation pertaining to airman certification.
``(2) A micro UAS and the component parts and equipment of
such micro UAS shall not be required to meet airworthiness
certification standards or to obtain certificates of
airworthiness.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the FAA Modernization and Reform Act of 2012 is amended by inserting
after the item relating to section 336 the following:
``Sec. 337. Operation of small unmanned aircraft for commercial
purposes.
``Sec. 338. Micro UAS operations.''.
SEC. 3. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT.
(a) In General.--Subtitle B of title III of the FAA Modernization
and Reform Act of 2012 (Public Law 112-95), as amended by section 2(a),
is further amended by adding at the end the following:
``SEC. 339. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT.
``(a) Appointment.--The Administrator of the Federal Aviation
Administration (referred to in this section as the `Administrator')
shall appoint a Deputy Associate Administrator for Unmanned Aircraft
(referred to in this section as the `Deputy Associate Administrator'),
who shall report to the Administrator and to the Secretary of
Transportation.
``(b) Principal Duties.--The Deputy Associate Administrator shall
create an achievable comprehensive research and development plan for
the safe integration of unmanned aircraft into the National Airspace
System that--
``(1) takes into account work being done at other Federal
agencies, in conjunction with their industry collaborators;
``(2) is based on an initial audit of current unmanned
aircraft activity across the Federal Government in order to
identify gaps and overlaps; and
``(3) allows for programmatic exemptions based on previous
analysis.
``(c) Other Issues.--The Deputy Associate Administrator, in
consultation with the Administrator, shall develop strategies for
resolving--
``(1) unmanned aircraft spectrum issues;
``(2) barriers to unmanned aircraft operating beyond line
of sight;
``(3) barriers to allowing payload carriage and the
feasibility of developing a classification of small UAS air
carriers; and
``(4) barriers to utilizing automated unmanned aircraft
systems.
``(d) Exemptions.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Commercial UAS Modernization Act, the
Deputy Associate Administrator, in consultation with the
Administrator, shall expedite and expand exemptions from the
interim operating restrictions otherwise applicable to unmanned
aircraft under section 337.
``(2) Exemptions.--The exemptions authorized under
paragraph (1) may include--
``(A) beyond line of sight operations;
``(B) programmatic exemptions based on previous
analysis;
``(C) extended visual line of sight and marginal
visual flight rules weather conditions; and
``(D) heavier unmanned vehicles.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the FAA Modernization and Reform Act of 2012 is amended by inserting
after the item relating to section 338, as added by section 2(b), the
following:
``Sec. 339. Deputy Associate Administrator for Unmanned Aircraft.''.
SEC. 4. JOINT AIRCRAFT SYSTEM RESEARCH AND DEVELOPMENT DATA COLLECTION
AND ANALYSIS PROGRAM.
(a) Establishment.--The Administrator of the Federal Aviation
Administration shall establish a joint aircraft system research and
development data collection and analysis program at the William J.
Hughes Technical Center (referred to in this section as the
``Center'').
(b) Research and Development Priorities.--The Director of the
Center shall set priorities for data collection, analysis, and research
under the program established under subsection (a), including
identifying safety standards for detect and avoid, command and control,
autonomous aircraft systems, and air traffic management for beyond
visual line of sight operations for such aircraft.
(c) Use of Test Sites.--The program established under subsection
(a) shall utilize the 6 unmanned aircraft system test sites of the
Federal Aviation Administration to--
(1) conduct research;
(2) collect data;
(3) develop quarterly milestones to expedite commercial
unmanned aircraft system operations; and
(4) work with other Federal agencies, the Center of
Excellence for Unmanned Aircraft Systems, federally funded
research and development centers, industry, academia, and
others, as appropriate, to implement commercial unmanned
aircraft system operations.
(d) Air Traffic Management Pilot Program.--
(1) Implementation.--The Administrator of the Federal
Aviation Administration, acting through the Center, and the
Administrator of the National Aeronautics and Space
Administration, shall implement an air traffic management pilot
program to research and test a new regulatory structure for
commercial and other operations of small unmanned aircraft in
controlled and uncontrolled airspace below 1,200 feet above
ground level.
(2) Management testing.--The Center shall partner with a
neutral third party to test the management of small unmanned
aircraft in the airspace described in paragraph (1).
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Director of
the Center shall submit a report that summarizes the actions taken
under subsections (b), (c), and (d) to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(4) the Committee on Appropriations of the House of
Representatives. | Commercial UAS Modernization Act This bill amends the FAA Modernization and Reform Act of 2012 to permit an individual to operate a small commercial unmanned aircraft without an airworthiness certificate within the United States until the effective date of a final rule based on the notice of proposed rulemaking "Operation and Certification of Small Unmanned Aircraft Systems" issued on February 23, 2015, subject to the following requirements: the Federal Aviation Administration (FAA) must receive an attestation that the aircraft owner has liability insurance covering its operation; the owner must register the aircraft; the operator must pass an initial aeronautical knowledge test developed by the FAA and a proficiency test administered by a test site for such aircraft; the aircraft may be operated for commercial purposes only in daylight conditions, under visual line of sight rules, lower than 500 feet above ground level, and only after a preflight inspection; and the aircraft shall yield right of way to all other users of the National Airspace System. Such an aircraft may not be operated: (1) until the operator of a test site certifies that it meets the requirements in the rulemaking notice and can operate within such restrictions; (2) unless the operator has prior authorization from the air traffic control facility having jurisdiction over the Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport; and (3) by any individual with any physical or mental condition that would interfere with safe operation of the aircraft. The operator of a such an aircraft involved in an accident causing personal injury or property damage must report it to the FAA within two days. The FAA shall provide for a micro UAS classification of unmanned aircraft systems, the aircraft component of which may not weigh more than 4.4 pounds, including payload. The operation of such a micro shall be subject to specified restrictions. The bill directs the FAA to: appoint a Deputy Associate Administrator for Unmanned Aircraft who shall create a research and development plan for the safe integration of unmanned aircraft into the National Airspace System; establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center; and implement an air traffic management pilot program to research and test a new regulatory structure for operations of such aircraft in airspace below 1,200 feet. | {"src": "billsum_train", "title": "Commercial UAS Modernization Act"} | 2,566 | 500 | 0.691522 | 2.117023 | 0.755771 | 4.768539 | 5.274157 | 0.939326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Opportunities for Service-
Disabled Veteran-Owned Small Businesses Act of 2015''.
SEC. 2. IMPROVING CONTRACTING OPPORTUNITIES FOR CERTAIN VETERAN-OWNED
SMALL BUSINESSES.
(a) Definition of Small Business Concern Consolidated.--Section
3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Small business concern owned and controlled by
service-disabled veterans.--The term `small business concern
owned and controlled by service-disabled veterans' means any of
the following:
``(A) A small business concern--
``(i) not less than 51 percent of which is
owned by one or more service-disabled veterans
or, in the case of any publicly owned business,
not less than 51 percent of the stock (not
including any stock owned by an ESOP) of which
is owned by one or more service-disabled
veterans; and
``(ii) the management and daily business
operations of which are controlled by one or
more service-disabled veterans or, in the case
of a veteran with permanent and severe
disability, the spouse or permanent caregiver
of such veteran.
``(B) A small business concern--
``(i) not less than 51 percent of which is
owned by one or more service-disabled veterans
with a disability that is rated by the
Secretary of Veterans Affairs as a permanent
and total disability who are unable to manage
the daily business operations of such concern;
or
``(ii) in the case of a publicly owned
business, not less than 51 percent of the stock
(not including any stock owned by an ESOP) of
which is owned by one or more such veterans.
``(C)(i) During the time period described in clause
(ii), a small business concern that was a small
business concern described in subparagraph (A) or (B)
immediately prior to the death of a service-disabled
veteran who was the owner of the concern, the death of
whom causes the concern to be less than 51 percent
owned by one or more service-disabled veterans, if--
``(I) the surviving spouse of the deceased
veteran acquires such veteran's ownership
interest in such concern;
``(II) such veteran had a service-connected
disability (as defined in section 101(16) of
title 38, United States Code) rated as 100-
percent disabling under the laws administered
by the Secretary of Veterans Affairs or such
veteran died as a result of a service-connected
disability; and
``(III) immediately prior to the death of
such veteran, and during the period described
in clause (ii), the small business concern is
included in the database described in section
8127(f) of title 38, United States Code.
``(ii) The time period described in this clause is
the time period beginning on the date of the veteran's
death and ending on the earlier of--
``(I) the date on which the surviving
spouse remarries;
``(II) the date on which the surviving
spouse relinquishes an ownership interest in
the small business concern; or
``(III) the date that is 10 years after the
date of the death of the veteran.''; and
(2) by adding at the end the following new paragraphs:
``(6) ESOP.--The term `ESOP' has the meaning given the term
`employee stock ownership plan' in section 4975(e)(7) of the
Internal Revenue Code of 1986 (26 U.S.C. 4975(e)(7)).
``(7) Surviving spouse.--The term `surviving spouse' has
the meaning given such term in section 101(3) of title 38,
United States Code.''.
(b) Veterans Affairs Definition of Small Business Concern
Consolidated.--
(1) In general.--Section 8127 of title 38, United States
Code, is amended--
(A) by striking subsection (h) and redesignating
subsections (i) through (l) as subsections (h) through
(k), respectively; and
(B) in subsection (k), as so redesignated--
(i) by amending paragraph (2) to read as
follows:
``(2) The term `small business concern owned and controlled
by veterans' has the meaning given that term under section
3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).''; and
(ii) by adding at the end the following new
paragraph:
``(3) The term `small business concern owned and controlled
by veterans with service-connected disabilities' has the
meaning given the term `small business concern owned and
controlled by service-disabled veterans' under section 3(q)(2)
of the Small Business Act (15 U.S.C. 632(q)(2)).''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b), by inserting ``or a small
business concern owned and controlled by veterans with
service-connected disabilities'' after ``a small
business concern owned and controlled by veterans'';
(B) in subsection (c), by inserting ``or a small
business concern owned and controlled by veterans with
service-connected disabilities'' after ``a small
business concern owned and controlled by veterans'';
(C) in subsection (d) by inserting ``or small
business concerns owned and controlled by veterans with
service-connected disabilities'' after ``small business
concerns owned and controlled by veterans'' both places
it appears; and
(D) in subsection (f)(1), by inserting ``, small
business concerns owned and controlled by veterans with
service-connected disabilities,'' after ``small
business concerns owned and controlled by veterans''.
(c) Technical Correction.--Section 8(d)(3) of the Small Business
Act (15 U.S.C. 637(d)(3)), is amended by adding at the end the
following new subparagraph:
``(H) In this contract, the term `small business concern
owned and controlled by service-disabled veterans' has the
meaning given that term in section 3(q).''.
SEC. 3. REGULATIONS RELATING TO DATABASE OF THE SECRETARY OF VETERANS
AFFAIRS.
(a) Requirement To Use Certain Small Business Administration
Regulations.--Section 8127(f)(4) of title 38, United States Code, is
amended by striking ``verified'' and inserting ``verified, using
regulations issued by the Administrator of the Small Business
Administration with respect to the status of the concern as a small
business concern and the ownership and control of such concern,''.
(b) Prohibition on Secretary of Veterans Affairs Issuing Certain
Regulations.--Section 8127(f) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(7) The Secretary may not issue regulations related to the status
of a concern as a small business concern and the ownership and control
of such small business concern.''.
(c) Delayed Effective Date.--The amendments made by this section
and section 2 shall take effect on the date on which the Administrator
of the Small Business Administration and the Secretary of Veterans
Affairs jointly issue regulations implementing such sections. Such date
shall be not later than 18 months after the date of enactment of this
Act.
SEC. 4. APPEALS OF INCLUSION IN DATABASE.
(a) In General.--Section 8127(f) of title 38, United States Code,
as amended by section 3, is further amended by adding at the end the
following new paragraph:
``(8)(A) If the Secretary does not verify a concern for inclusion
in the database under this subsection based on the status of the
concern as a small business concern or the ownership or control of the
concern, the concern may appeal the denial of verification to the
Office of Hearings and Appeals of the Small Business Administration (as
established under part 134 of title 13, Code of Federal Regulations, or
any successor administrative appellate entity created with the Small
Business Administration). The decision of the Office of Hearings and
Appeals shall be considered a final agency action.
``(B)(i) If an interested party challenges the inclusion in the
database of a small business concern owned and controlled by veterans
or a small business concern owned and controlled by veterans with
service-connected disabilities based on the status of the concern as a
small business concern or the ownership or control of the concern, the
challenge shall be heard by the Office of Hearings and Appeals of the
Small Business Administration as described in subparagraph (A). The
decision of the Office of Hearings and Appeals shall be considered
final agency action.
``(ii) In this subparagraph, the term `interested party' means--
``(I) the Secretary; and
``(II) in the case of a small business concern that is
awarded a contract, the contracting officer of the Department
or another small business concern that submitted an offer for
the contract that was awarded to the small business concern
that submitted an offer under clause (i).
``(C) For each fiscal year, the Secretary shall reimburse the
Administrator of the Small Business Administration in an amount
necessary to cover any cost incurred by the Office of Hearings and
Appeals of the Small Business Administration for actions taken by the
Office under this paragraph. The amount of any such reimbursement shall
be determined jointly by the Secretary and the Administrator and shall
be provided from fees collected by the Secretary under multiple-award
schedule contracts. Any disagreement about the amount shall be resolved
by the Director of the Office of Management and Budget.''.
(b) Effective Date.--Paragraph (8) of subsection (f) of title 38,
United States Code, as added by subsection (a), shall apply with
respect to a verification decision made by the Secretary of Veterans
Affairs on or after the date of the enactment of this Act. | Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2015 This bill amends the Small Business Act to expand the definition of "small business concern owned and controlled by service-disabled veterans" for purposes of federal agencies awarding small business contracts pursuant to Small Business Administration (SBA) programs to include: a small business concern not less than 51% of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern; or in the case of a publicly owned business, a small business concern not less than 51% of the stock of which is owned by one or more such veterans. (Currently, such veterans with permanent and total disabilities are provided for in a separate small business program under veterans' benefits laws carried out by the Department of Veterans Affairs [VA].) The VA definition of "small business concern owned and controlled by veterans" is revised to be the same as the SBA definition of such term, thereby making the eligibility requirements for participation in veteran-owned small business contracting programs consistent for both SBA programs and VA programs. The VA, when listing small businesses in the database of small business concerns owned and controlled by veterans and the veteran owners of such business concerns, must use SBA regulations with respect to a concern's small business status and the ownership and control of it. If the VA does not verify a concern for inclusion in its database based on its status as a small business or its ownership or control, the concern may appeal the denial to the SBA Office of Hearings and Appeals, whose decision shall be considered a final agency action. The VA shall reimburse the SBA for fiscal year costs incurred by the Office of Hearings and Appeals for actions taken pursuant to this Act. | {"src": "billsum_train", "title": "Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2015"} | 2,274 | 401 | 0.735355 | 2.378833 | 0.757453 | 3.159664 | 5.798319 | 0.817927 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Housing Energy Savings Act of
2010''.
SEC. 2. UTILITY AND WASTE MANAGEMENT COST SAVINGS.
Subparagraph (C) of section 9(e)(2) of the United States Housing
Act of 1937 (42 U.S.C. 1437g(e)(2)(C)) is amended--
(1) by striking the subparagraph designation and heading
and all that follows through ``Contracts described in clause
(i)'' in clause (ii) and inserting the following:
``(C) Treatment of utility and waste management
cost savings.--
``(i) In general.--The treatment of utility
and waste management costs under the formula
shall provide that a public housing agency
shall receive the full financial benefit from
any reduction in the cost of utilities or waste
management resulting from energy conservation
improvements in one or more of its public
housing projects, subject to the following:
``(I) Third party contracts.--In
the case of energy conservation
improvements in public housing
undertaken pursuant to a contract with
a third party, such contracts'';
(2) in clauses (iii) and (iv), by striking ``clause (i)''
each place such term appears and inserting ``subclause (I)'';
(3) in clause (iv), by striking ``the date of the enactment
of this clause'' and inserting ``December 26, 2007,'';
(4) by redesignating clauses (iii) and (iv) as subclauses
(II) and (III), respectively, and realigning such subclauses,
as so redesignated, so as to be indented 8 ems from the left
margin; and
(5) by adding at the end the following new clauses:
``(ii) Financing of improvements.--Energy
conservation improvements may be undertaken
pursuant to a contract for the improvements
only, and the public housing agency may finance
such improvements for a period of up to 20
years. A public housing agency may pledge
operating assistance under this subsection as
security for such financings in an amount not
to exceed the lesser of--
``(I) the amount of the debt
service, plus such appropriate debt
service coverage factor as the
Secretary may establish; and
``(II) the amount of the reasonably
anticipated utility cost savings
resulting from the improvements, as
determined by the Secretary.
The Secretary may also permit the pledging of
the installed equipment related to such
improvements.
``(iii) Freeze of consumption levels.--
``(I) In general.--A public housing
agency may elect to be paid for its
utility costs, including utility
allowances, under the formula for a
period, at the discretion of the
agency, of not longer than 20 years
based on the agency's average annual
consumption during the 3-year period
preceding the year in which the
election is made (in this clause
referred to as the `consumption base
level').
``(II) Initial adjustments in
consumption base level.--The Secretary
shall make an initial one-time
adjustment in the consumption base
level to account for differences in the
heating degree day average over the
most recent 20-year period compared to
the average in the consumption base
level.
``(III) Ongoing adjustments in
consumption base level.--The Secretary
shall make adjustments in the
consumption base level to account for
an increase or reduction in units, a
change in fuel source, a change in
resident-controlled electricity
consumption, or for such other reasons
as the Secretary considers appropriate.
``(IV) Third parties.--A public
housing agency making an election under
subclause (I) may use, but shall not be
required to use, the services of a
third party in its energy conservation
program. The agency shall have the sole
discretion to determine the source,
terms, and conditions of any financing
used for its program.''. | Public Housing Energy Savings Act of 2010 - Amends the United States Housing Act of 1937 to authorize: (1) energy conservation improvements in public housing projects to be undertaken pursuant to a contract for the improvements only; (2) a public housing agency to finance such improvements for a period of up to 20 years; (3) a public housing agency to pledge operating assistance as security for such financing in an amount not to exceed the lesser of the amount of the debt service plus such appropriate debt service coverage factor as the Secretary of Housing and Urban Development (HUD) may establish and the amount of the reasonably anticipated utility cost savings resulting from the improvement; (4) the Secretary to permit the pledging of the installed equipment related to such improvements; and (5) a public housing agency to elect to be paid for its utility costs under the formula for determining the amount of assistance provided to public housing agencies from the Capital Fund for a period of no longer than 20 years based on the agency's average annual consumption during the three-year period preceding the year in which the election is made (consumption base level).
Requires the Secretary to make: (1) an initial one time adjustment in the consumption base level to account for differences in the heating degree day average over the most recent 20-year period compared to the average in the consumption base level; and (2) adjustments in the consumption base level to account for an increase or reduction in units, a change in fuel source, or a change in resident-controlled electricity consumption. | {"src": "billsum_train", "title": "To authorize public housing agencies to use public housing operating funds as collateral for financing energy conservation improvements and to freeze utility consumption levels for purposes of determining Operating Fund assistance, and for other purposes."} | 878 | 317 | 0.58638 | 1.800543 | 0.803069 | 3.927152 | 2.715232 | 0.953642 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resolution Trust Corporation Loss
Reduction and Funding Act of 1993''.
SEC. 2. FUNDING.
Section 21A(i) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(i)) is amended--
(1) in paragraph (3), by striking ``until April 1, 1992'';
and
(2) by adding at the end the following new paragraphs:
``(4) Additional funding.--Pursuant to the request of the
President and in addition to amounts provided under paragraphs
(2) and (3), the Secretary of the Treasury shall provide, out
of any money in the Treasury not otherwise appropriated, to the
Corporation such sums as may be necessary not to exceed
$25,000,000,000 to carry out the purposes of this section until
April 1, 1994.
``(5) Reduction in funding in amount equal to supervisory
goodwill buy-back program savings.--Of the amounts appropriated
under paragraphs (3) and (4), the amount available for
obligation shall be reduced by the amount which the Secretary
determines is equal to the net reduction in the expenditures of
the Corporation due to the supervisory goodwill buy-back
program established under section 15 of the Home Owners' Loan
Act.''.
SEC. 3. REDUCTION OF RTC LOSSES.
(a) Purpose.--
(1) In general.--It is the purpose of this section to
directly reduce the amount of taxpayer funds which would
otherwise be required to be appropriated to the Resolution
Trust Corporation by removing the threat of large losses which
would accrue in connection with the resolution of savings
associations which would be healthy associations but for the
supervisory goodwill acquired by such associations in
transactions with Federal regulatory agencies.
(2) No effect on supervisory goodwill litigation not
involving qualified savings associations.--No court may take
into account section 15 of the Home Owners' Loan Act (as added
by the amendment made by subsection (b)) or the program
established under such section 15 in considering any litigation
between any savings association which is not a qualified
savings association (as defined in such section 15) and the
United States with regard to supervisory goodwill.
(b) Establishment of Supervisory Goodwill Buy-Back Program.--The
Home Owners' Loan Act (12 U.S.C. 1461 et seq.) is amended by adding at
the end the following new section:
``SEC. 15. SUPERVISORY GOODWILL BUY-BACK PROGRAM.
``(a) Supervisory Goodwill Replaced With Tangible Capital.--
``(1) In general.--Upon determining that a conservator or
receiver is to be appointed for a savings association on or
before the last day on which the Corporation may be appointed
as conservator or receiver for a savings association in
accordance with section 21A(b)(3)(A)(ii) of the Federal Home
Loan Bank Act if no action is taken under this section, the
Director shall, in consultation with the Resolution Trust
Corporation--
``(A) determine whether the savings association is
a qualified savings association; and
``(B) if the association is a qualified savings
association, pay the association the replacement amount
from amounts made available pursuant to subsection (f).
``(2) Reduction in supervisory goodwill.--On receipt of any
payment under paragraph (1), a qualified savings association
shall reduce its supervisory goodwill by the amount of such
payment.
``(b) Definitions.--For purposes of this section--
``(1) Qualified savings association.--The term `qualified
savings association' means a savings association described in
subsection (a)(1) which--
``(A) would be, in the determination of the
Director, a viable association, and would not be
expected to fail, if the association participates in
the program; and
``(B) has agreed to waive all claims the
association may have against the Federal Government
arising from changes in the statutory treatment of
supervisory goodwill as set forth in section 5(t) since
the creation of such goodwill on the books of the
association.
``(2) Replacement amount.--The term `replacement amount'
means, with respect to a qualified savings association, the
lesser of--
``(A) the determined amount; and
``(B) the least amount that, if paid to the
association, would cause the association to be
adequately capitalized (as defined in section 38 of the
Federal Deposit Insurance Act) under all fully phased
in capital standards.
``(3) Determined amount.--The term `determined amount'
means, with respect to a savings association, an amount
determined appropriate by the Office of Thrift Supervision,
taking into account the circumstances of the association, which
is--
``(A) not less than the amount of the supervisory
goodwill of the association, as of the date of the
determination; and
``(B) not more than the amount of the supervisory
goodwill of the association, as of the date of the
enactment of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989.
``(c) Capital Requirements.--
``(1) Fully phased in capital standards.--If, after receipt
of funds pursuant to subsection (a), a qualified savings
association meets all fully phased in capital standards, then
such standards shall apply to the association, notwithstanding
any other provision of law.
``(2) Additional requirements.--The Office of Thrift
Supervision may set additional capital requirements for
qualified savings associations to ensure that such associations
will progressively prepare to meet all applicable capital
requirements.
``(d) Assessment Imposed.--
``(1) In general.--The Director shall impose an annual
assessment on each qualified savings association which receives
the payment of any amount pursuant to subsection (a)(2)--
``(A) beginning on or after the date of a
determination by the Director that the savings
association is sufficiently viable to begin paying such
assessment; and
``(B) continuing until the aggregate amount of
assessments paid under this subsection by the
association equals or exceeds the aggregate amount
received under subsection (a)(2) by the association.
``(2) Amount of assessment.--The amount of the annual
assessment imposed on any savings association for any year
shall be determined by the Director after considering--
``(A) the viability and profitability of the
association;
``(B) the amortization period which was applicable
with respect to any supervisory goodwill of the
association as of the date such goodwill was first
entered on the books of the association; and
``(C) the amount received by the association
pursuant to subsection (a)(2).
``(3) Deposit of assessments in treasury.--
``(A) Transfer to secretary of the treasury.--All
amounts received by the Director under this subsection
shall be transferred to the Secretary of the Treasury.
``(B) Public debt reduction.--Amounts received by
the Secretary of the Treasury under subparagraph (A)
shall be deposited in the general fund of the Treasury
and shall be used for the sole purpose of reducing the
national debt.
``(e) Additional Limitations and Requirements.--
``(1) Limitation on distribution of capital or payment of
dividends.--No savings association may make any capital
distribution or pay any dividend until the sum of the amount of
the assessments imposed under subsection (d) equals or exceeds
the replacement amount received by such association under
subsection (a)(1)(B).
``(2) Other requirements.--The Office of Thrift Supervision
may establish any other requirements needed to ensure the safe
and sound operation of qualified savings associations.
``(f) Funding Provided by RTC.--The Resolution Trust Corporation
shall provide such funds as may be necessary to carry out this section
to the Director of the Office of Thrift Supervision from amounts made
available to the Corporation under section 21A of the Federal Home Loan
Bank Act.''.
(c) Applicability to Certain Associations.--Upon the enactment of
this Act, the Director of the Office of Thrift Supervision shall
promptly make the determination required under section 15(a)(1)(A) of
the Home Owners' Loan Act (as added by subsection (a) of this section)
for any savings association for which the determination to appoint a
conservator or receiver had been made before the date of the enactment
of this Act but for which a conservator or receiver had not been
appointed as of such date. | Resolution Trust Corporation Loss Reduction and Funding Act of 1993 - Amends the Federal Home Loan Bank Act to direct the Secretary of the Treasury to provide additional funding to the Resolution Trust Corporation (RTC).
Prohibits any court from taking into account the supervisory goodwill buy-back program (established by this Act) when considering litigation between certain savings associations and the United States.
Sets guidelines for a supervisory goodwill buy-back program which replaces the supervisory goodwill of a qualified savings association with tangible capital (thus precluding the closing of such institutions). Provides that if a qualified savings association meets all fully phased in capital standards after receiving funds for its goodwill, then such standards will apply to the association.
Prescribes annual assessment guidelines for such qualified savings associations. Prohibits a savings association from making any capital distribution or paying any dividend until the sum of its imposed assessments equals or exceeds the replacement amount it has received.
Requires the Director of the Office of Thrift Supervision to promptly determine upon enactment of this Act those savings associations eligible for inclusion in the supervisory goodwill buy-back program. | {"src": "billsum_train", "title": "Resolution Trust Corporation Loss Reduction and Funding Act of 1993"} | 1,869 | 252 | 0.616772 | 1.914636 | 0.937898 | 3 | 8.127962 | 0.886256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Consumers Relief Act of
2013''.
SEC. 2. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES
THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE
ECONOMY.
Notwithstanding any other provision of law, the Administrator of
the Environmental Protection Agency may not promulgate as final an
energy-related rule that is estimated to cost more than $1 billion if
the Secretary of Energy determines under section 3(3) that the rule
will cause significant adverse effects to the economy.
SEC. 3. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL
CERTAIN ENERGY-RELATED RULES.
Before promulgating as final any energy-related rule that is
estimated to cost more than $1 billion:
(1) Report to congress.--The Administrator of the
Environmental Protection Agency shall submit to Congress a
report (and transmit a copy to the Secretary of Energy)
containing--
(A) a copy of the rule;
(B) a concise general statement relating to the
rule;
(C) an estimate of the total costs of the rule,
including the direct costs and indirect costs of the
rule;
(D)(i) an estimate of the total benefits of the
rule and when such benefits are expected to be
realized;
(ii) a description of the modeling, the
calculations, the assumptions, and the limitations due
to uncertainty, speculation, or lack of information
associated with the estimates under this subparagraph;
and
(iii) a certification that all data and documents
relied upon by the Agency in developing such
estimates--
(I) have been preserved; and
(II) are available for review by the public
on the Agency's Web site, except to the extent
to which publication of such data and documents
would constitute disclosure of confidential
information in violation of applicable Federal
law;
(E) an estimate of the increases in energy prices,
including potential increases in gasoline or
electricity prices for consumers, that may result from
implementation or enforcement of the rule; and
(F) a detailed description of the employment
effects, including potential job losses and shifts in
employment, that may result from implementation or
enforcement of the rule.
(2) Initial determination on increases and impacts.--The
Secretary of Energy, in consultation with the Federal Energy
Regulatory Commission and the Administrator of the Energy
Information Administration, shall prepare an independent
analysis to determine whether the rule will cause--
(A) any increase in energy prices for consumers,
including low-income households, small businesses, and
manufacturers;
(B) any impact on fuel diversity of the Nation's
electricity generation portfolio or on national,
regional, or local electric reliability;
(C) any adverse effect on energy supply,
distribution, or use due to the economic or technical
infeasibility of implementing the rule; or
(D) any other adverse effect on energy supply,
distribution, or use (including a shortfall in supply
and increased use of foreign supplies).
(3) Subsequent determination on adverse effects to the
economy.--If the Secretary of Energy determines, under
paragraph (2), that the rule will cause an increase, impact, or
effect described in such paragraph, then the Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, the Secretary of Commerce, the Secretary of
Labor, and the Administrator of the Small Business
Administration, shall--
(A) determine whether the rule will cause
significant adverse effects to the economy, taking into
consideration--
(i) the costs and benefits of the rule and
limitations in calculating such costs and
benefits due to uncertainty, speculation, or
lack of information; and
(ii) the positive and negative impacts of
the rule on economic indicators, including
those related to gross domestic product,
unemployment, wages, consumer prices, and
business and manufacturing activity; and
(B) publish the results of such determination in
the Federal Register.
SEC. 4. DEFINITIONS.
In this Act:
(1) The terms ``direct costs'' and ``indirect costs'' have
the meanings given such terms in chapter 8 of the Environmental
Protection Agency's ``Guidelines for Preparing Economic
Analyses'' dated December 17, 2010.
(2) The term ``energy-related rule that is estimated to
cost more than $1 billion'' means a rule of the Environmental
Protection Agency that--
(A) regulates any aspect of the production, supply,
distribution, or use of energy or provides for such
regulation by States or other governmental entities;
and
(B) is estimated by the Administrator of the
Environmental Protection Agency or the Director of the
Office of Management and Budget to impose direct costs
and indirect costs, in the aggregate, of more than
$1,000,000,000.
(3) The term ``rule'' has the meaning given to such term in
section 551 of title 5, United States Code.
SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.
(a) In General.--Notwithstanding any other provision of law or any
executive order, the Administrator of the Environmental Protection
Agency may not use the social cost of carbon in order to incorporate
social benefits of reducing carbon dioxide emissions, or for any other
reason, in any cost-benefit analysis relating to an energy-related rule
that is estimated to cost more than $1 billion unless and until a
Federal law is enacted authorizing such use.
(b) Definition.--In this section, the term ``social cost of
carbon'' means the social cost of carbon as described in the technical
support document entitled ``Technical Support Document: Technical
Update of the Social Cost of Carbon for Regulatory Impact Analysis
Under Executive Order 12866'', published by the Interagency Working
Group on Social Cost of Carbon, United States Government, in May 2013,
or any successor or substantially related document, or any other
estimate of the
monetized damages associated with an incremental increase in carbon
dioxide emissions in a given year.
Passed the House of Representatives August 1, 2013.
Attest:
KAREN L. HAAS,
Clerk. | Energy Consumers Relief Act of 2013 - Requires the Administrator of the Environmental Protection Agency (EPA), before promulgating a final rule that regulates any aspect of the production, supply, distribution, or use of energy (or that provides for such regulation by state or local governments) and that is estimated by the Administrator or the Director of the Office of Management and Budget (OMB) to impose aggregate costs of more than $1 billion, to submit a report that contains: (1) an estimate of the total costs and benefits of the rule, (2) an estimate of the increases in energy prices that may result from implementation or enforcement of the rule, and (3) a detailed description of the employment effects that may result from implementation or enforcement of the rule. Requires the Secretary of Energy (DOE): (1) to prepare an independent analysis to determine whether such rule will cause any increase in energy prices for consumers, any impact on fuel diversity of the nation's electricity generation portfolio or on electric reliability, or any adverse effect on energy supply, distribution, or use; and (2) upon making such a determination, to determine whether the rule will cause significant adverse effects to the economy and publish such determination in the Federal Register. Prohibits the Administrator from promulgating any such final rule if the Secretary determines that such rule will cause significant adverse effects to the economy. Prohibits the Administrator from using the social cost of carbon in any cost-benefit analysis relating to an energy-related rule estimated to cost more than $1 billion unless and until a federal law is enacted authorizing such use. | {"src": "billsum_train", "title": "Energy Consumers Relief Act of 2013"} | 1,319 | 338 | 0.739865 | 2.159746 | 0.749607 | 4.910256 | 4.057692 | 0.955128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Certainty for States and Tribes
Act''.
SEC. 2. RECONSTITUTION OF THE ROYALTY POLICY COMMITTEE.
(a) In General.--The Secretary of the Interior shall, by not later
than 90 days after the date of the enactment of this Act, reconstitute
the Royalty Policy Committee as last chartered on March 26, 2010,
except as otherwise provided in this Act.
(b) Corrections and Updates.--In reconstituting the Committee, the
Secretary shall make appropriate technical corrections and updates to
the charter of the Committee, including the following:
(1) Revision of all references to the Minerals Management
Service or Minerals Revenue Management so as to refer to the
Office of Natural Resources Revenue.
(2) Revision of the estimated number and frequency of
meetings of the Committee to not less than once each year.
(3) Revision of the non-Federal members of the Committee to
include--
(A) not fewer than 5 members representing Governors
of States that each receive more than $10,000,000
annually in royalty revenues from Federal leases; and
(B) not more than 5 members representing Indian
tribes that are mineral-producing Indian tribes under--
(i) the Act of May 11, 1938 (commonly known
as the ``Indian Mineral Leasing Act of 1938'')
(25 U.S.C. 396a et seq.);
(ii) title XXVI of the Energy Policy Act of
1992 (25 U.S.C. 3501 et seq.);
(iii) the Indian Mineral Development Act of
1982 (25 U.S.C. 2101 et seq.); or
(iv) any other law relating to mineral
development that is specific to one or more
Indian tribes.
(4) Creation of a subcommittee of the Committee to be known
as the State and Tribal Resources Board, comprised of designees
of States' Governors and tribes participating as non-Federal
members of the reconstituted Committee.
SEC. 3. REVIEW OF REGULATIONS AND POLICIES THE ROYALTY POLICY COMMITTEE
ADVISORY ACTIVITIES SHOULD INCLUDE.
(a) Consultation and Report.--Not later than 180 days after the
date of the issuance by the Department of the Interior of any proposed
regulation or policy related to mineral leasing policy for Federal or
Indian land for exploration, development, or production of oil, gas, or
coal (including valuation methodologies and royalty and lease rates for
oil, gas, or coal), and not later than 180 days after the date of the
enactment of this Act with respect to any proposed regulation of such
Department relating to such policy that is pending as of the date of
the enactment of this Act, the Committee shall--
(1) assess the proposed regulation or policy; and
(2) issue a report that describes the potential impact of
the proposed regulation or policy, including any State and
tribal economic impacts described in subsection (b).
(b) State and Tribal Impact Determination.--
(1) In general.--Before the date on which any proposed
regulation related to mineral leasing policy on Federal or
Indian land (including valuation methodologies and royalty and
lease rates for oil, gas, or coal) may be issued as a final
rule, the State and Tribal Resources Board shall publish a
determination of the impact of the regulation on school
funding, public safety, and other essential State or Indian
tribal government services.
(2) Delay request.--If the State and Tribal Resources Board
determines that a regulation described in paragraph (1) will
have a negative State or tribal budgetary impact, the Secretary
shall, upon request by the Board, grant a delay of 180 days in
the finalization of the regulation for the purposes of
further--
(A) stakeholder consultation;
(B) budgetary review; and
(C) development of a proposal to mitigate the
negative economic impact.
(c) Revision of Proposed Regulation.--
(1) In general.--Before the date on which any proposed
regulation related to mineral leasing policy on Federal or
Indian land (including valuation methodologies and royalty and
lease rates for oil, gas, or coal) is issued as a final rule,
the Secretary shall publish in the Federal Register, in the
same docket as such proposed regulation, a description of the
impacts determined by the Board in the report issued under
subsection (a)(2), the recommendations made by the Board (if
any) for mitigation of negative impacts determined by the Board
under subsection (b)(2), and a clear explanation of why such
recommendations of the Board were or were not incorporated in
the final regulation.
(2) Final rule.--Any final regulation subject to paragraph
(1) must include--
(A) a summary of the report required under
subsection (a)(2); and
(B) a clear explanation of why the recommendations
of that report (including the State and tribal
determination) were or were not taken into account in
the finalization of the regulation.
SEC. 4. SPECIAL REVIEW OF PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.
(a) Participants in Programmatic Review.--
(1) In general.--In carrying out the programmatic review of
coal leasing as described in section 4 of the order of the
Secretary of the Interior entitled ``Discretionary Programmatic
Environmental Impact Statement to Modernize the Federal Coal
Program'', numbered 3338 and dated January 15, 2016, the
Secretary shall confer with, and take into consideration the
views of, representatives appointed to the review board
described in paragraph (2).
(2) Review board.--The Governor of each State in which more
than $10,000,000 in revenue is collected annually by the United
States as bonus bids, royalties, and rentals, and fees for
production of coal under leases of Federal land or Indian land
may each appoint not more than 3 representatives to a review
board for purposes of paragraph (1), at least one of whom shall
be a member of the State and Tribal Resources Board.
(3) Deadline.--
(A) In general.--The Secretary shall complete the
programmatic review referred to in paragraph (1) not
later than January 15, 2019.
(B) Failure to meet deadline.--If the programmatic
review is not completed by the deadline described in
subparagraph (A), the programmatic review shall be
considered to be complete as of that deadline.
(b) Termination of Other Programmatic Review.--No Federal funds may
be used to carry out the programmatic review of coal leasing as
described in subsection (a)(1) after January 15, 2019.
(c) No Implementation Requirement.--Nothing in this section
requires the Secretary to conduct or complete the programmatic review
of coal leasing as described in subsection (a)(1) after January 20,
2017.
(d) Termination of Moratorium.--Effective January 16, 2019--
(1) the pause or moratorium on the issuance of new Federal
coal leases under the Secretarial order referred to in
subsection (a)(1) is terminated; and
(2) that Secretarial order shall have no force or effect.
SEC. 5. GRANDFATHERING OF COAL LEASES ON APPLICATION AND COAL LEASE
MODIFICATIONS.
Nothing in the order of the Secretary of the Interior entitled
``Discretionary Programmatic Environmental Impact Statement to
Modernize the Federal Coal Program'', numbered 3338 and dated January
15, 2016, shall be considered to prohibit or restrict any issuance of a
coal lease on application or coal lease modification, pursuant to
section 3432 of title 43, Code of Federal Regulations, for which the
Bureau of Land Management has begun its review under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332) as of
January 15, 2016.
SEC. 6. DEADLINE FOR COAL LEASE SALES AND MODIFICATIONS.
Not later than 1 year after the date on which the Secretary
completes the analysis required under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) for an application
for a coal lease, or an application for a modification to a coal lease
pursuant to subpart 3432 of part 3430 of title 43, Code of Federal
Regulations (or successor regulations), accepted by the Secretary, the
Secretary shall conduct the lease sale and issue the lease, or approve
the modification, unless the applicant indicates in writing that the
applicant no longer seeks the lease or modification to the lease. | Certainty for States and Tribes Act (Sec. 2)This bill directs the Department of the Interior to reestablish the Royalty Policy Committee, which must include members representing states and Indian tribes who produce minerals on federal or tribal land. In addition, Interior must establish a State and Tribal Resources Board, a subcommittee of the Royalty Policy Committee. (Sec. 3)The board and committee must advise Interior as it formulates policies and regulations regarding mineral production on federal and tribal lands. Interior must delay issuing a final regulation for 180 days if the board determines that such regulation will have a negative state or tribal budgetary or economic impact. (Sec. 4)The Bureau of Land Management (BLM) must complete by January 15, 2019, its programmatic review of the federal coal leasing program as described in Secretarial Order 3338, dated January 15, 2016. Secretarial Order 3338 directed the BLM to prepare a discretionary review of the federal coal program. The moratorium on the issuance of new federal coal leasesby the BLMshall terminate on January 16, 2019.Additionally, the bill allows leases and modifications to be issued by the BLM for any coalleasing application currently under review. Secretarial Order 3338 prohibited approval of such leases and modifications. (Sec. 6)The bill also directs the BLM toconduct federal coal lease sales and modifications within one year after it completes an environmental analysis of anapplication. | {"src": "billsum_train", "title": "Certainty for States and Tribes Act"} | 1,869 | 330 | 0.51807 | 1.635463 | 0.749276 | 2.215686 | 6.580392 | 0.835294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Park Renewal Fund Act''.
SEC. 2. FEES.
(a) Admission Fees.--Section 4(a) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) is amended as
follows:
(1) Delete ``fee-free travel areas'' and ``lifetime
admission permit'' from the title of this section.
(2) In paragraph (a)(1)(A)(i) by striking the first and
second sentences and inserting in lieu thereof, ``For admission
into any such designated area, an annual admission permit (to
be known as the Golden Eagle Passport) shall be available for a
fee and under such conditions as to be determined by the
Secretary of the Interior and the Secretary of Agriculture.''.
(3) In paragraph (a)(1)(B) by striking the second sentence.
(4) Delete paragraph (a)(2) in its entirety and insert in
lieu thereof: ``Reasonable admission fees for a single visit to
any designated unit shall be established by the administering
Secretary for persons who choose not to purchase the annual
permit. A `single visit' means a continuous stay within a
designated unit. Payment of a single visit admission fee shall
authorize exits from and reentries to a designated unit for a
period to be defined for each designated unit by the
administering Secretary based upon a determination of the
period of time reasonably and ordinarily necessary for such a
single visit.''.
(5) In paragraph (a)(3) by inserting the word ``Great'' in
the third sentence before ``Smoky''.
(6) In paragraph (a)(3) delete the last sentence.
(7) Delete paragraph (a)(4) in its entirety and insert in
lieu thereof: ``The Secretary of the Interior and the Secretary
of Agriculture shall establish procedures for discounted
admission fees to any citizen of, or person legally domiciled
in, the United States sixty-two years of age or older, such
discount to be received upon proof of age. Any such discount
will be nontransferable, applied only to the individual
qualifying on the basis of age, and given notwithstanding the
method of travel. No fees of any kind shall be collected from
any persons who have a right of access for hunting or fishing
privileges under a specific provision of law or treaty or who
are engaged in the conduct of official Federal, State, or local
government business.''.
(8) Delete paragraph (a)(5) in its entirety and insert in
lieu thereof: ``The Secretary of the Interior and the Secretary
of Agriculture shall establish procedures providing for the
issuance of a lifetime admission permit to any citizen of, or
person legally domiciled in, the United States, if such citizen
or person applies for such permit and is permanently disabled.
Such procedures shall assure that such permit shall be issued
only to persons who have been medically determined to be
permanently disabled. Such permit shall be nontransferable,
shall be issued without charge, and shall entitle the permittee
and one accompanying individual to general admission into any
area designated pursuant to this subsection, notwithstanding
the method of travel.''.
(9) In paragraph (a)(6)(A) by striking ``No later than 60
days after December 22, 1987'' and inserting ``No later than
six months after enactment'' and striking ``Interior and
Insular Affairs'' and inserting ``Resources''.
(10) Delete paragraphs (a)(9) and (a)(11) in their
entirety. Renumber current paragraph ``(10)'' as ``(9)'' and
current paragraph ``(12)'' as ``(10)''.
(b) Recreation Fees.--Section 4(b) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) is amended as
follows:
(1) Delete ``Fees for Golden Age Passport Permittee'' from
section title.
(2) Delete the following: ``personal collection of the fee
by an employee or agent of the Federal agency operating the
facility''.
(3) Delete ``Any Golden Age Passport permittee, or'' and
insert in lieu thereof ``Any''.
(c) Criteria, Posting and Uniformity of Fees.--Section 4(d) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(d)) is
amended by deleting from the first sentence ``recreation fees charged
by non-Federal public agencies,'' and inserting in lieu thereof ``fees
charged by other public and private entities,''.
(d) Rules and Regulations.--Section 4(e) of the Land and Water
Conservation Fund Act of 1965 (16 U.S. C. 460l-6a(e)) is amended by
deleting ``of not more than $100.'' and inserting in lieu thereof ``as
provided by law.''
(e) Federal and State Laws Unaffected.--Section 4(g) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(g)) is
amended by deleting the following in the first sentence ``or fees or
charges for commercial or other activities not related to recreation,''
and inserting ``: Provided, however, That in those park areas under
partial (if applicable) or exclusive jurisdiction of the United States
where State fishing licenses are not required, the National Park
Service may charge a fee for fishing.''.
(f) Technical Amendments.--Section 4(h) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(h)) is amended--
(1) by striking ``Bureau of Outdoor Recreation'' and
inserting in lieu thereof, ``National Park Service'';
(2) by striking ``Interior and Insular Affairs of the
United States House of Representatives and United States
Senate'' and inserting in lieu thereof, ``Resources of the
United States House of Representatives and on Energy and
Natural Resources of the United States Senate''; and
(3) by striking ``Bureau'' and inserting in lieu thereof,
``National Park Service''.
(g) Use of Fees.--Section 4(i) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6a(i)) is amended as follows:
(1) After ``(i)'' by inserting ``Use of Fees.--''.
(2) In the first sentence of subparagraph (B) by striking
``fee collection costs for that fiscal year'' and inserting in
lieu thereof ``fee collection costs for the immediately
preceding fiscal year'' and by striking ``section in that
fiscal year'' and inserting in lieu thereof ``section in such
immediately preceding fiscal year''.
(3) In the second sentence of subparagraph (B) by striking
``in that fiscal year''.
(4) By adding the following at the end of paragraph (1):
``(C) Notwithstanding subparagraph (A), beginning
in fiscal year 1996 and each fiscal year thereafter,
all additional fee revenue generated by the National
Park Service through enactment of this legislation, as
authorized to be collected pursuant to subsection 4 (a)
and (b), shall be covered into a special fund
established in the Treasury of the United States to be
known as the `National Park Renewal Fund'. In fiscal
year 1997 and each fiscal year thereafter, the amount
of additional fee revenue generated in the immediately
preceding fiscal year by the National Park Service
through enactment of this legislation shall be
available to the Secretary of the Interior, without
further provision in appropriations Acts, for
infrastructure needs at parks including but not limited
to facility refurbishment, repair and replacement,
interpretive media and exhibit repair and replacement,
and infrastructure projects associated with park
resource protection. Such amounts shall remain
available until expended. The Secretary shall develop
procedures for the use of the fund that ensure
accountability and demonstrated results consistent with
the purposes of this Act. Beginning the first full
fiscal year after the creation of the `National Park
Renewal Fund', the Secretary shall submit an annual
report to the Congress, on a unit-by-unit basis,
detailing the expenditures of such receipts. In fiscal
year 1996 only, fees authorized to be collected
pursuant to subsections 4 (a) and (b) of this Act may
be collected only to the extent provided in advance in
appropriations Acts.''.
(5) Paragraph (4)(A) is amended by striking ``resource
protection, research, and interpretation'' and inserting in
lieu thereof ``park operations''.
(h) Selling of Permits.--Section 4(k) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(k)) is amended by--
(1) striking ``Selling of Annual Admission Permits by
Public and Private Entities Under Arrangements with Collecting
Agency Head'' from the title of this section; and
(2) deleting the last two sentences, regarding the sale of
Golden Eagle Passports, from this section.
(i) Charges for Transportation Provided by the National Park
Service.--(1) Section 4(l)(1) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by striking the word
``viewing'' from the section title and inserting in lieu thereof
``visiting''.
(2) Section 4(l)(1) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-6a(1)) is amended by deleting the word ``view''
and inserting in lieu thereof ``visit''.
(3) Section 4(l)(2) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-6a(1)) is amended by deleting paragraph (2) and
inserting in lieu thereof: ``Notwithstanding any other provision of
law, the charges imposed under paragraph (1) shall be retained by the
unit of the National Park System at which the service was provided. The
amount retained shall be expended for costs associated with the
transportation systems at the unit where the charge was imposed.''.
(j) Commercial Tour Fees.--Section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(n)) is amended by
striking section (2) in its entirety and inserting in lieu thereof:
``(2) The Secretary shall establish a flat fee, per entry,
for such vehicles. The amount of the said flat fee shall
reflect both the commercial tour use fee rate and current
admission rates.''.
(k) Fees for Special Uses.--Section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended by adding
the following at the end thereof:
``(o) Fees for Commercial Nonrecreational Uses.--Utilizing the
criteria established in section 4(d) (16 U.S.C. 460l-6a(d)), the
Secretary of the Interior shall establish reasonable fees for non-
recurring commercial or non-recreational uses of National Park System
units that require special arrangements, including permits. At a
minimum, such fees will cover all costs of providing necessary services
associated with such use, except that at the Secretary's discretion,
the Secretary may waive or reduce such fees in the case of any
organization using an area within the National Park System for
activities which further the goals of the National Park Service.
Receipts from such fees may be retained at the park unit in which the
use takes place, and remain available, without further appropriation,
to cover the cost of providing such services. The portion of such fee
which exceeds the cost of providing necessary services associated with
such use shall be deposited into the National Park Renewal Fund.''.
(l) Fee Authority.--Section 4 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6a) is amended by adding the following
new subsection at the end thereof:
``(p) Admission or Recreation Use Fees.--No admission or recreation
use fee of any kind shall be charged or imposed for entrance into, or
use of, any federally owned area operated and maintained by a Federal
agency and used for outdoor recreation purposes, except as provided for
by this Act.''.
SEC. 3. PROHIBITION OF COMMERCIAL VEHICLES, DELAWARE WATER GAP NATIONAL
RECREATION AREA.
(a) In General.--Effective at noon on September 30, 2005, the use
of Highway 209 within the Delaware Water Gap National Recreation Area
by commercial vehicles, when such use is not connected with the
operation of the recreation area, is prohibited, except as provided in
section (b).
(b) Local Business Use Protected.--Subsection (a) does not apply
with respect to the use of commercial vehicles to serve businesses
located within or in the vicinity of the recreation area, as determined
by the Secretary.
(c) Conforming Provisions.--(1) Paragraphs (1) through (3) of the
third undesignated paragraph under the heading ``administrative
provisions'' in chapter VII of title I of Public Law 98-63 (97 Stat.
329), are repealed, effective September 30, 2005.
(2) Prior to noon on September 30, 2005, the Secretary shall
collect and utilize a commercial use fee from commercial vehicles in
accordance with paragraphs (1) through (3) of such third undesignated
paragraph. Such fee shall not exceed $25 per trip.
SEC. 4. CHALLENGE COST-SHARE AGREEMENTS.
(a) Agreements.--The Secretary of the Interior is authorized to
negotiate and enter into challenge cost-share agreements with
cooperators. For purposes of this section, the term--
(1) ``challenge cost-share agreement'' means any agreement
entered into between the Secretary and any cooperator for the
purpose of sharing costs or services in carrying out authorized
functions and responsibilities of the Secretary with respect to
any unit or program of the National Park System (as defined in
section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a)), any
affiliated area, or designated National Scenic or Historic Trail; and
(2) ``cooperator'' means any State or local government,
public or private agency, organization, institution,
corporation, individual, or other entity.
(b) Use of Federal Funds.--In carrying out challenge cost-share
agreements, the Secretary is authorized to provide the Federal funding
share from any funds available to the National Park Service.
SEC. 5. DONATIONS.
(a) Requests for Donations.--In addition to the Secretary's other
authorities to accept the donation of lands, buildings, other property,
services, and moneys for the purposes of the National Park System, the
Secretary is authorized to solicit donations of money, property, and
services from individuals, corporations, foundations and other
potential donors who the Secretary believes would wish to make such
donations as an expression of support for the national parks. Such
donations may be accepted and used for any authorized purpose or
program of the National Park Service, and donations of money shall
remain available for expenditure without fiscal year limitation. Any
employees of the Department to whom this authority is delegated shall
be set forth in the written guidelines issued by the Secretary pursuant
to paragraph (d).
(b) Employee Participation.--Employees of the National Park Service
may solicit donations only if the request is incidental to or in
support of, and does not interfere with their primary duty of
protecting and administering the parks or administering authorized
programs, and only for the purpose of providing a level of resource
protection, visitor facilities, or services for health and safety
projects, recurring maintenance activities, or for other routine
activities normally funded through annual agency appropriations. Such
requests must be in accordance with the guidelines issued pursuant to
subparagraph (d).
(c) Prohibitions.--(1) A donation may not be accepted in exchange
for a commitment to the donor on the part of the National Park Service
or which attaches conditions inconsistent with applicable laws and
regulations or that is conditioned upon or will require the expenditure
of appropriated funds that are not available to the Department, or
which compromises a criminal or civil position of the United States or
any of its departments or agencies or the administrative authority of
any agency of the United States.
(2) In utilizing the authorities contained in this section
employees of the National Park Service shall not directly conduct or
execute major fundraising campaigns, but may cooperate with others whom
the Secretary may designate to conduct such campaigns on behalf of the
National Park Service.
(d) Guidance.--(1) The Secretary shall issue written guidelines
setting forth those positions to which he has delegated his authority
under paragraph (a) and the categories of employees of the National
Park Service that are authorized to request donations pursuant to
paragraph (b). Such guidelines shall also set forth any limitations on
the types of donations that will be requested or accepted as well as
the sources of those donations.
(2) The Secretary shall publish guidelines which set forth the
criteria to be used in determining whether the solicitation or
acceptance of contributions of lands, buildings, other property,
services, moneys, and other gifts or donations authorized by this
section would reflect unfavorably upon the ability of the Department of
the Interior or any employee to carry out its responsibilities or
official duties in a fair and objective manner, or would compromise the
integrity or the appearance of the integrity of its programs or any
official involved in those programs. The Secretary shall also issue
written guidance on the extent of the cooperation that may be provided
by National Park Service employees in any major fundraising campaign
which the Secretary has designated others to conduct pursuant to
paragraph (c)(2).
SEC. 6. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.
Public Law 101-337 is amended as follows:
(1) In section 1 (16 U.S.C. 19jj), by amending subsection
(d) to read as follows:
``(d) `Park system resource' means any living or non-living
resource that is located within the boundaries of a unit of the
National Park System, except for resources owned by a non-Federal
entity.''.
(2) In section 1 (16 U.S.C. 19jj) by adding at the end
thereof the following:
``(g) `Marine or aquatic park system resource' means any living or
nonliving part of a marine or aquatic regimen within or is a living
part of a marine or aquatic regimen within the boundaries of a unit of
the National Park System, except for resources owned by a non-Federal
entity.''.
(3) In section 2(b) (16 U.S.C. 19jj-1(b)), by striking
``any park'' and inserting in lieu thereof ``any marine or
aquatic park''. | Park Renewal Fund Act - Amends the Land and Water Conservation Act to authorize the sale of annual admission permits to National Park visitors for a fee. Designates the annual park permit the Golden Eagle Passport. Authorizes the Secretary of the Interior and the Secretary of Agriculture to determine the fees and conditions for issuing permits.
Authorizes the administering Secretary to charge reasonable admission fees for a single visit for those visitors who choose not to purchase an annual permit.
Deletes the provision prohibiting an admission fee at an urban park location which provides significant outdoor recreation opportunities and which has multiple points of access.
Directs the Secretary of the Interior and the Secretary of Agriculture to establish procedures for discounted admission fees for U.S. citizens over the age of 62. Provides that the discount shall be nontransferable and given regardless of the method of travel.
Requires the Secretary of the Interior and the Secretary of Agriculture to develop procedures to grant persons who have been medically determined to be permanently disabled with a lifetime admission permit to National Parks. Allows one accompanying individual to enter the park with the permittee.
Requires the Secretary of the Interior to submit to the Congress within six months of the Act's enactment a report on the entrance fees to be charged at National Parks.
Allows admission fees to be charged at the U.S.S. Arizona Memorial, Independence National Historic Park, any unit of the National Park System within the District of Columbia, Arlington House, San Juan National Historic Site, and Canaveral National Seashore. Deletes the provision requiring the Director of each park unit to designate one day during periods of high visitation as a "Fee-Free Day."
Allows any National Park permit holder to use specialized recreation facilities at a rate of 50 percent of the established use fee. Requires fees to be comparable to those charged by other public and private entities.
Permits persons violating National Park rules or regulations to be fined any amount as provided by law. Authorizes the National Park Service to charge a fee for fishing in areas where State fishing licenses are not required.
Authorizes the Secretaries of Agriculture and of the Interior to withhold money from the special account which equals the amount of money spent on fee collection costs for the immediately preceding fiscal year.
Directs that the additional revenue generated by the fees shall be used to cover infrastructure needs at the parks. Directs the Secretary to develop procedures for the use of the fund to ensure accountability and demonstrated results. Deletes the provision allowing the head of the fee collecting agency to enter into an agreement with public or private entities to sell annual admission permits.
Allows individual units of the National Park System to retain money earned from transporting persons visiting the park. Directs the park to use the money for costs associated with the transportation systems at the unit.
Directs the Secretary of the Interior to establish a flat fee for commercial tour vehicles based upon the commercial tour use fee rate and the current admission rates. Requires the Secretary of the Interior to establish reasonable fees for non-recurring commercial or non-recreational uses of National Park System units that require special arrangements. Requires the fees to cover the costs of services provided. Authorizes the individual park unit to keep the portion of the fee necessary to cover the cost of providing services. Requires that any additional funds be deposited into the National Park Renewal Fund. Prohibits fees for the use of any federally owned land except as provided for in this Act.
(Sec. 3) Prohibits the use of Highway 209 within the Delaware Water Gap National Recreation Area by commercial vehicles after noon on September 30, 2005. Exempts commercial vehicles serving businesses within the vicinity of the recreation area.
(Sec. 4) Authorizes the Secretary of the Interior to enter into challenge cost-share agreements with cooperators.
(Sec. 5) Authorizes the Secretary of the Interior to accept, as well as solicit, donations on behalf of the National Park System. Permits employees of the National Park Service to solicit donations in limited circumstances. Instructs the Secretary of the Interior to issue written guidelines regarding the policy of employees soliciting donations.
(Sec. 6) Defines "park system resource" to mean any living or non-living resource located within the boundaries of a unit of the National Park System, except for those owned by a non-Federal entity. Describes "marine or aquatic park system resource" as any living or non-living part of a marine or aquatic regimen within, or within the boundaries of, a unit of the National Park System, except for those resources owned by a non-Federal entity. | {"src": "billsum_train", "title": "Park Renewal Fund Act"} | 4,232 | 1,019 | 0.548651 | 1.779271 | 0.713925 | 3.200224 | 4.268456 | 0.869128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Business Center Act of
2009''.
SEC. 2. VETERANS BUSINESS CENTER PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended--
(1) in subsection (f), by inserting ``(other than
subsections (g), (h), and (i))'' after ``this section''; and
(2) by adding at the end the following:
``(g) Veterans Business Center Program.--
``(1) In general.--The Administrator shall establish a
Veterans Business Center program within the Administration to
provide entrepreneurial training and counseling to veterans in
accordance with this subsection.
``(2) Director.--The Administrator shall appoint a Director
of the Veterans Business Center program, who shall implement
and oversee such program and who shall report directly to the
Associate Administrator for Veterans Business Development.
``(3) Designation of veterans business centers.--The
Director shall establish by regulation an application, review,
and notification process to designate entities as veterans
business centers for purposes of this section. The Director
shall make publicly known the designation of an entity as a
veterans business center and the award of a grant to such
center under this subsection.
``(4) Funding for veterans business centers.--
``(A) Initial grants.--The Director is authorized
to make a grant (hereinafter in this subsection
referred to as an `initial grant') to each veterans
business center each year for not more than 5 years in
the amount of $200,000.
``(B) Growth funding grants.--After a veterans
business center has received 5 years of initial grants
under subparagraph (A), the Director is authorized to
make a grant (hereinafter in this subsection referred
to as a `growth funding grant') to such center each
year for not more than 3 years in the amount of
$150,000. After such center has received 3 years of
growth funding grants, the Director shall require such
center to meet performance benchmarks established by
the Director to be eligible for growth funding grants
in subsequent years.
``(5) Center responsibilities.--Each veterans business
center receiving a grant under this subsection shall use the
funds primarily on veteran entrepreneurial development,
counseling of veteran-owned small businesses through one-on-one
instruction and classes, and providing government procurement
assistance to veterans.
``(6) Matching funds.--Each veterans business center
receiving a grant under this subsection shall be required to
provide a non-Federal match of 50 percent of the Federal funds
such center receives under this subsection. The Director may
issue to a veterans business center, upon request, a waiver
from all or a portion of such matching requirement upon a
determination of hardship. The Director may waive the matching
funds requirement under this paragraph with respect to veterans
business centers that serve communities with a per capita
income less than 75 percent of the national per capita income
and an unemployment rate at least 150 percent higher than the
national average.
``(7) Targeted areas.--The Director shall give priority to
applications for designations and grants under this subsection
that will establish a veterans business center in a geographic
area, as determined by the Director, that is not currently
served by a veterans business center and in which--
``(A) the population of veterans exceeds the
national median of such measure; or
``(B) the population of veterans of Operation Iraqi
Freedom or Operation Enduring Freedom exceeds the
national median of such measure.
``(8) Training program.--The Director shall develop and
implement, directly or by contract, an annual training program
for the staff and personnel of designated veterans business
centers to provide education, support, and information on best
practices with respect to the establishment and operation of
such centers. The Director shall develop such training program
in consultation with veterans business centers, the interagency
task force established under subsection (c), and veterans
service organizations.
``(9) Inclusion of other organizations in program.--Upon
the date of the enactment of this subsection, each Veterans
Business Outreach Center established by the Administrator under
the authority of section 8(b)(17) and each center that received
funds during fiscal year 2006 from the National Veterans
Business Development Corporation established under section 33
and that remains in operation shall be treated as designated as
a veterans business center for purposes of this subsection and
shall be eligible for grants under this subsection.
``(10) Rural areas.--The Director shall submit annually to
the Administrator a report on whether a sufficient percentage,
as determined by the Director, of veterans in rural areas have
adequate access to a veterans business center. If the Director
submits a report under this paragraph that does not demonstrate
that a sufficient percentage of veterans in rural areas have
adequate access to a veterans business center, the Director
shall give priority during the 1-year period following the date
of the submission of such report to applications for
designations and grants under this subsection that will
establish veterans business centers in rural areas.
``(11) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$12,000,000 for fiscal year 2010 and $14,000,000 for fiscal
year 2011.
``(h) Additional Grants Available to Veterans Business Centers.--
``(1) Access to capital grant program.--
``(A) In general.--The Director of the Veterans
Business Center program shall establish a grant program
under which the Director is authorized to make, to
veterans business centers designated under subsection
(g), grants for the following:
``(i) Developing specialized programs to
assist veteran-owned small businesses to secure
capital and repair damaged credit.
``(ii) Providing informational seminars on
securing loans to veteran-owned small
businesses.
``(iii) Providing one-on-one counseling to
veteran-owned small businesses to improve the
financial presentations of such businesses to
lenders.
``(iv) Facilitating the access of veteran-
owned small businesses to both traditional and
non-traditional financing sources.
``(v) Providing one-on-one or group
counseling to owners of small business concerns
who are members of the reserve components of
the armed forces, as specified in section 10101
of title 10, United States Code, to assist such
owners to effectively prepare their small
businesses for periods when such owners are
deployed in support of a contingency operation.
``(vi) Developing specialized programs to
assist unemployed veterans to become
entrepreneurs.
``(B) Award size.--The Director may not award a
veterans business center more than $75,000 in grants
under this paragraph.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,500,000 for each of fiscal years 2010 and
2011.
``(2) Procurement assistance grant program.--
``(A) In general.--The Director shall establish a
grant program under which the Director is authorized to
make, to veterans business centers designated under
subsection (g), grants for the following:
``(i) Assisting veteran-owned small
businesses to identify contracts that are
suitable to such businesses.
``(ii) Preparing veteran-owned small
businesses to be ready as subcontractors and
prime contractors for contracts made available
through the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) through training
and business advisement, particularly with
respect to the construction trades.
``(iii) Providing veteran-owned small
businesses technical assistance with respect to
the Federal procurement process, including
assisting such businesses to comply with
Federal regulations and bonding requirements.
``(B) Award size.--The Director may not award a
veterans business center more than $75,000 in grants
under this paragraph.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,500,000 for each of fiscal years 2010 and
2011.
``(3) Service-disabled veteran-owned small business grant
program.--
``(A) In general.--The Director shall establish a
grant program under which the Director is authorized to
make, to veterans business centers designated under
subsection (g), grants for the following:
``(i) Developing outreach programs for
service-disabled veterans to promote self-
employment opportunities.
``(ii) Providing training to service-
disabled veterans with respect to business plan
development, marketing, budgeting, accounting,
and merchandising.
``(iii) Assisting service-disabled veteran-
owned small businesses to locate and secure
business opportunities.
``(B) Award size.--The Director may not award a
veterans business center more than $75,000 in grants
under this paragraph.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,500,000 for each of fiscal years 2010 and
2011.
``(i) Veterans Entrepreneurial Development Summit.--
``(1) In general.--The Director of the Veterans Business
Center program is authorized to carry out an event, once every
two years, for the purpose of providing networking
opportunities, outreach, education, training, and support to
veterans business centers funded under this section, veteran-
owned small businesses, veterans service organizations, and
other entities as determined appropriate for inclusion by the
Director. Such event shall include education and training with
respect to improving outreach to veterans in areas of high
unemployment.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $450,000 for
fiscal years 2010 and 2011.
``(j) Inclusion of Surviving Spouses.--For purposes of subsections
(g), (h), and (i) the following apply:
``(1) The term `veteran' includes a surviving spouse of the
following:
``(A) A member of the Armed Forces, including a
reserve component thereof.
``(B) A veteran.
``(2) The term `veteran-owned small business' includes a
small business owned by a surviving spouse of the following:
``(A) A member of the Armed Forces, including a
reserve component thereof.
``(B) A veteran.
``(k) Inclusion of Reserve Components.--For purposes of subsections
(g), (h), and (i) the following apply:
``(1) The term `veteran' includes a member of the reserve
components of the armed forces as specified in section 10101 of
title 10, United States Code.
``(2) The term `veteran-owned small business' includes a
small business owned by a member of the reserve components of
the armed forces as specified in section 10101 of title 10,
United States Code.''.
SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE.
Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is
amended by adding at the end the following:
``(4) Report.--The Administrator shall submit to Congress
biannually a report on the appointments made to and activities
of the task force.''.
SEC. 4. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY VETERANS.
The Comptroller General shall carry out a study on the effects of
this Act and the amendments made by this Act on small business concerns
owned and controlled by veterans and submit to Congress a report on the
results of such study. Such report shall include the recommendations of
the Comptroller General with respect to how this Act and the amendments
made by this Act may be implemented to more effectively serve small
business concerns owned and controlled by veterans.
Passed the House of Representatives July 28, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Veterans Business Center Act of 2009 - (Sec. 2) Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish within the SBA a Veterans Business Center program (program), headed by a Director, to provide entrepreneurial training and counseling to veterans. Authorizes the Director to make grants to each entity designated by the Director as a veterans business center (center). Authorizes the Director to make both initial and growth funding grants under the program. Requires each center to use such funds on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. Requires a 50% non-federal funding match for participating centers, but authorizes the Director to waive such requirement with respect to centers located in certain low-income or high unemployment areas. Requires the Director to give priority to applications that will establish a center in an area in which the population of veterans, or veterans of Operations Iraqi Freedom or Enduring Freedom, exceeds the national median. Requires the Director to: (1) develop and implement an annual training program for staff and personnel of such centers; and (2) report annually to the Administrator on whether a sufficient percentage of veterans in rural areas have adequate access to a center. Authorizes appropriations.
Requires the Director to establish a grant program under which the Director is authorized to make grants to centers that will develop specialized programs to assist veteran-owned small businesses in securing capital and repairing damaged credit, counsel on how to improve financial presentations, facilitate access to financing, and assist unemployed veterans become entrepreneurs. Authorizes appropriations.
Requires the Director to establish a grant program under which the Director is authorized to make grants to centers to: (1) assist veteran-owned small businesses to identify contracts that are suitable to such businesses; (2) prepare veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009, particularly with respect to the construction trades; and (3) provide veteran-owned small businesses technical assistance with respect to the federal procurement process. Authorizes appropriations.
Requires the Director to establish a grant program which the Director is authorized to make grants to centers to develop outreach programs for service-disabled veterans to promote self-employment opportunities and to train and assist such veterans with respect to developing business plans and securing business opportunities. Authorizes appropriations.
Authorizes the Director to carry out, every two years, a veterans entrepreneurial development summit, which shall include education and training on improving outreach to veterans in areas of high unemployment. Authorizes appropriations.
(Sec. 3) Requires an annual report from the Administrator to Congress on appointments made to, and activities of, the interagency task force on veteran-owned small businesses.
(Sec. 4) Directs the Comptroller General to carry out, and report to Congress on, a study of the effects of this Act on small businesses owned and controlled by veterans. | {"src": "billsum_train", "title": "To amend the Small Business Act to establish a Veterans Business Center program, and for other purposes."} | 2,580 | 669 | 0.691038 | 2.213784 | 0.684824 | 3.312925 | 4.156463 | 0.928571 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``National
Transportation Safety Board Amendments Act of 1999''.
(b) References.--Except as otherwise specifically provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision of law, the
reference shall be considered to be made to a section or other
provision of title 49, United States Code.
SEC. 2. DEFINITIONS.
Section 1101 is amended to read as follows:
``Sec. 1101. Definitions
``Section 2101(17a) of title 46 and section 40102(a) of this title
apply to this chapter. In this chapter, the term `accident' includes
damage to or destruction of vehicles in surface or air transportation
or pipelines, regardless of whether the initiating event is accidental
or otherwise.''.
SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS.
(a) In General.--Section 1113(b)(1)(I) is amended to read as
follows:
``(I) negotiate and enter into agreements with private
entities and departments, agencies, and instrumentalities of
the Government, State and local governments, and governments of
foreign countries for the provision of technical services or
training in accident investigation theory and technique, and
require that such entities provide appropriate consideration
for the reasonable costs of any goods, services, or training
provided by the Board.''.
(b) Deposit of Amounts.--Section 1114(a) is amended--
(1) by inserting ``(1)'' before ``Except''; and
(2) by adding at the end the following:
``(2) The Board shall deposit in the Treasury amounts received
under paragraph (1). Such amounts shall be available to the Board as
provided in appropriations Acts.''.
SEC. 4. OVERTIME PAY.
Section 1113 is amended by adding at the end the following:
``(g) Overtime Pay.--
``(1) In general.--Subject to the requirements of this
section and notwithstanding paragraphs (1) and (2) of section
5542(a) of title 5, for an employee of the Board whose basic
pay is at a rate which equals or exceeds the minimum rate of
basic pay for GS-10 of the General Schedule, the Board may
establish an overtime hourly rate of pay for the employee with
respect to work performed at the scene of an accident
(including travel to or from the scene) and other work that is
critical to an accident investigation in an amount equal to one
and one-half times the hourly rate of basic pay of the
employee. All of such amount shall be considered to be premium
pay.
``(2) Limitation on overtime pay to an employee.--An
employee of the Board may not receive overtime pay under
paragraph (1), for work performed in a calendar year, in an
amount that exceeds 15 percent of the annual rate of basic pay
of the employee for such calendar year.
``(3) Limitation on total amount of overtime pay.--The
Board may not make overtime payments under paragraph (1), for
work performed in a calendar year, in a total amount that
exceeds $570,000.
``(4) Basic pay defined.--In this subsection, the term
`basic pay' includes any applicable locality-based
comparability payment under section 5304 of title 5 (or similar
provision of law) and any special rate of pay under section
5305 of title 5 (or similar provision of law).
``(5) Annual report.--Not later than January 31, 2001, and
annually thereafter, the Board shall transmit to Congress a
report identifying the total amount of overtime payments made
under this subsection in the preceding fiscal year and the
number of employees whose overtime pay under this
subsection was limited in such fiscal year as a result of the 15
percent limit established by paragraph (2).''.
SEC. 5. RECORDERS.
(a) Cockpit Video Recordings.--Section 1114(c) is amended--
(1) in the subsection heading by striking ``Voice'';
(2) in paragraphs (1) and (2) by striking ``cockpit voice
recorder'' and inserting ``cockpit voice or video recorder'';
and
(3) in the second sentence of paragraph (1) by inserting
``or any written depiction of visual information'' after
``transcript''.
(b) Surface Vehicle Recordings and Transcripts.--
(1) In general.--Section 1114 is amended--
(A) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(B) by inserting after subsection (c) the
following:
``(d) Surface Vehicle Recordings and Transcripts.--
``(1) Confidentiality of recordings.--The Board may not
disclose publicly any part of a surface vehicle voice or video
recorder recording or transcript of oral communications by or
among drivers, train employees, or other operating employees
responsible for the movement and direction of the vehicle or
vessel, or between such operating employees and company
communication centers, related to an accident investigated by
the Board. However, the Board shall make public any part of a
transcript or any written depiction of visual information that
the Board decides is relevant to the accident--
``(A) if the Board holds a public hearing on the
accident, at the time of the hearing; or
``(B) if the Board does not hold a public hearing,
at the time a majority of the other factual reports on
the accident are placed in the public docket.
``(2) References to information in making safety
recommendations.--This subsection does not prevent the Board
from referring at any time to voice or video recorder
information in making safety recommendations.''.
(2) Conforming amendment.--The first sentence of section
1114(a) is amended by striking ``and (e)'' and inserting ``(d),
and (f)''.
(c) Discovery and Use of Cockpit and Surface Vehicle Recordings and
Transcripts.--
(1) In general.--Section 1154 is amended--
(A) in the section heading by striking ``cockpit
voice and other material'' and inserting ``cockpit and
surface vehicle recordings and transcripts'';
(B) in subsection (a)--
(i) by striking ``cockpit voice recorder''
each place it appears and inserting ``cockpit
or surface vehicle recorder'';
(ii) by striking ``section 1114(c)'' each
place it appears and inserting ``section
1114(c) or 1114(d)''; and
(iii) by adding at the end the following:
``(6) In this subsection--
``(A) the term `recorder' means a voice or video recorder;
and
``(B) the term `transcript' includes any written depiction
of visual information obtained from a video recorder.''.
(2) Conforming amendment.--The table of sections for
chapter 11 is amended by striking the item relating to section
1154 and inserting the following:
``1154. Discovery and use of cockpit and surface vehicle recordings and
transcripts.''.
(d) Requirements for Installation and Use of Recording Devices.--
Section 329 is amended by adding at the end the following:
``(e) Requirements for Installation and Use of Recording Devices.--
A requirement for the installation and use of an automatic voice,
video, or data recording device on an aircraft, vessel, or surface
vehicle shall not be construed to be the collection of information for
the purpose of any Federal law or regulation, if the requirement--
``(1) meets a safety need for the automatic recording of
realtime voice or data experience that is restricted to a fixed
period of the most recent operation of the aircraft, vessel, or
surface vehicle;
``(2) does not place a periodic reporting burden on any
person; and
``(3) does not necessitate the collection and preservation
of data separate from the device.''.
SEC. 6. PRIORITY OF INVESTIGATIONS.
(a) In General.--Section 1131(a)(2) is amended--
(1) by striking ``(2) An investigation'' and inserting
``(2)(A) Subject to the requirements of this paragraph, an
investigation''; and
(2) by adding at the end the following:
``(B) If the Attorney General, in consultation with the Chairman of
the Board, determines and notifies the Board that circumstances
reasonably indicate that the accident may have been caused by an
intentional criminal act, the Board shall relinquish investigative
priority to the Federal Bureau of Investigation. The relinquishment of
investigative priority by the Board shall not otherwise affect the
authority of the Board to continue its investigation under this
section.
``(C) If a law enforcement agency suspects and notifies the Board
that an accident being investigated by the Board under paragraph (1)(A)
through (D) may have been caused by an intentional criminal act, the
Board, in consultation with the law enforcement agency, shall take
necessary actions to ensure that evidence of the criminal act is
preserved.''.
(b) Revision of 1977 Agreement.--Not later than 1 year after the
date of the enactment of this Act, the National Transportation Safety
Board and the Federal Bureau of Investigation shall revise their 1977
agreement on the investigation of accidents to take into account the
amendments made by this Act.
SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLARIFICATION.
Section 1131(d) is amended by striking ``1134(b)(2)'' and inserting
``1134(a), (b), (d), and (f)''.
SEC. 8. AUTHORITY OF THE INSPECTOR GENERAL.
(a) In General.--Subchapter III of chapter 11 of subtitle II is
amended by adding at the end the following:
``Sec. 1137. Authority of the Inspector General
``(a) In General.--The Inspector General of the Department of
Transportation, in accordance with the mission of the Inspector General
to prevent and detect fraud and abuse, shall have authority to review
only the financial management and business operations of the National
Transportation Safety Board, including internal accounting and
administrative control systems, to determine compliance with applicable
Federal laws, rules, and regulations.
``(b) Duties.--In carrying out this section, the Inspector General
shall--
``(1) keep the Chairman of the Board and Congress fully and
currently informed about problems relating to administration of
the internal accounting and administrative control systems of
the Board;
``(2) issue findings and recommendations for actions to
address such problems; and
``(3) report periodically to Congress on any progress made
in implementing actions to address such problems.
``(c) Access to Information.--In carrying out this section, the
Inspector General may exercise authorities granted to the Inspector
General under subsections (a) and (b) of section 6 of the Inspector
General Act of 1978 (5 U.S.C. App.).
``(d) Reimbursement.--The Inspector General shall be reimbursed by
the Board for the costs associated with carrying out activities under
this section.''.
(b) Conforming Amendment.--The table of sections for such
subchapter is amended by adding at the end the following:
``1137. Authority of the Inspector General.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 1118(a) is amended to read as follows:
``(a) In General.--There is authorized to be appropriated for the
purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000
for fiscal year 2001, and $72,000,000 for fiscal year 2002. Such sums
remain available until expended.''.
Passed the House of Representatives September 30, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | (Sec. 3) Grants the National Transportation Safety Board (NTSB) authority to: (1) negotiate and enter into agreements with private entities, Federal, State, and local governments, and foreign governments for the provision of technical services or training in accident investigation theory and technique; and (2) require that such entities provide appropriate consideration for the reasonable costs of any goods, services, or training provided by the NTSB.(Sec. 4) Authorizes the NTSB to pay an employee with basic pay at a rate of GS-10 or above an overtime hourly rate of time-and-a-half for work performed at an accident scene (including travel to or from the scene) and other work critical to an accident investigation. Specifies limits on total NTSB overtime payments in a calendar year.(Sec. 5) Prohibits the NTSB from disclosing publicly any part of a surface vehicle video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, regarding an accident investigated by the NTSB. Requires the NTSB to make public any part of a transcript or any written depiction of visual information relevant to an accident, provided certain conditions are met. Subjects surface vehicle recordings (voice or video recorder) and transcripts of accidents (written depiction of visual information obtained from a video recorder) to specified requirements for discovery and use in a judicial proceeding.Prescribes requirements for installation and use of recording devices on surface vehicles.(Sec. 6) Requires the NTSB to relinquish investigative priority to the Federal Bureau of Investigation with respect to an accident if the Attorney General determines that circumstances reasonably indicate that such accident may have been caused by an intentional criminal act.(Sec. 8) Limits the Federal law compliance review authority of the Inspector General of the Department of Transportation with respect to the NTSB to its financial management and business operations (including internal accounting and administration control systems).(Sec. 9) Authorizes appropriations. | {"src": "billsum_train", "title": "National Transportation Safety Board Amendments Act of 2000"} | 2,664 | 471 | 0.540282 | 1.74319 | 0.752696 | 4.376316 | 6.389474 | 0.907895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuels Marketing Act of
2010''.
SEC. 2. FUEL COMPATIBILITY WITH INFRASTRUCTURE.
(a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42
U.S.C. 6991 et seq.) is amended as follows:
(1) By redesignating section 9014 as section 9015.
(2) By inserting after section 9013 the following new
section:
``SEC. 9014. COMPATIBILITY.
``(a) Compatibility With Renewable Fuels.--
``(1) Guidelines.--Not later than 1 year after the date of
enactment of the Renewable Fuels Marketing Act of 2010, the
Administrator shall issue guidelines for determining whether
underground storage tanks and associated dispensing equipment
are compatible with any fuel or fuel additive that is
authorized by the Administrator or by statute for use in a
motor vehicle, nonroad vehicle, or engine.
``(2) Application.--Guidelines issued under this subsection
shall apply with respect to existing underground storage tanks
and associated dispensing equipment and with respect to new
underground storage tanks and associated dispensing equipment.
``(3) Previously listed as compatible.--Underground storage
tanks and associated dispensing equipment that, as of the date
of enactment of this section, have been listed by a nationally
recognized testing laboratory as compatible with a fuel or fuel
additive described in paragraph (1) shall be deemed compatible
under the guidelines issued under this subsection.
``(b) Liability.--No person shall be liable under any provision of
this Act or any other provision of Federal or State law on the basis
that an underground storage tank or associated dispensing equipment
that stores or dispenses any fuel or fuel additive described in
subsection (a)(1) is not compatible with such fuel or fuel additive if
such tank or equipment has been determined to be compatible with such
fuel or fuel additive pursuant to the guidelines issued under such
subsection.
``(c) Financial Assurance.--A provider of financial assurance may
not deny payment for a claim on the basis that an underground storage
tank or associated dispensing equipment is not compatible with any fuel
or fuel additive described in subsection (a)(1) if such tank or
equipment is determined to be compatible with such fuel or fuel
additive pursuant to the guidelines issued under such subsection.
``(d) Definitions.--In this section:
``(1) Associated dispensing equipment.--The term
`associated dispensing equipment' means equipment that is--
``(A) for the dispensing or storage at retail of
any fuel or fuel additive described in subsection
(a)(1); and
``(B) subject to regulation under section 1926.152
of title 29, Code of Federal Regulations, as in effect
on the date of enactment of the Renewable Fuels
Marketing Act of 2010.
``(2) Compatible.--The term `compatible' has the meaning
given such term in section 280.12 of title 40, Code of Federal
Regulations, as in effect on the date of enactment of the
Renewable Fuels Marketing Act of 2010.
``(3) Provider of financial assurance.--The term `provider
of financial assurance' has the meaning given such term in
section 280.92 of title 40, Code of Federal Regulations, as in
effect on the date of enactment of the Renewable Fuels
Marketing Act of 2010.''.
(b) Table of Contents.--The table of contents in section 1001 of
the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by striking
the item related to section 9014 and inserting the following:
``9014. Compatibility.
``9015. Authorization of appropriations.''.
SEC. 3. MISFUELING.
(a) Misfueling.--Section 211(g) of the Clean Air Act (42 U.S.C.
7545(g)) is amended by adding at the end the following new paragraph:
``(3)(A) Not later than one year after the date of enactment of the
Renewable Fuels Marketing Act of 2010, the Administrator shall
promulgate regulations that set forth requirements for the labeling of
associated dispensing equipment as the Administrator determines
necessary to prevent the introduction of any transportation fuel
described in subparagraph (C) into a motor vehicle, nonroad vehicle, or
engine that is not compatible with such transportation fuel.
``(B) A person selling a transportation fuel described in
subparagraph (C) who complies with the regulations under subparagraph
(A) shall not be liable, under any provision of this Act or any other
provision of Federal or State law, for--
``(i) a self-service purchaser's introduction of such a
transportation fuel into a motor vehicle, nonroad vehicle, or
engine that is not compatible with such transportation fuel; or
``(ii) the voiding of the manufacturer's warranty of such a
vehicle or engine from such introduction of such a
transportation fuel.
``(C) A transportation fuel described in this subparagraph is a
fuel that contains a fuel or fuel additive that is authorized, after
January 1, 2010, by the Administrator or by statute, for use in a motor
vehicle, nonroad vehicle, or engine.
``(D) In this paragraph the term `associated dispensing equipment'
has the meaning given such term in section 9014(d) of the Solid Waste
Disposal Act.''.
(b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C.
7545(d)) is amended--
(1) in paragraph (1), by inserting ``(g),'' after ``or the
regulations prescribed under subsection (c),''; and
(2) in paragraph (2), by inserting ``(g),'' after ``of the
regulations prescribed under subsections (c),''. | Renewable Fuels Marketing Act of 2010 - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) to issue guidelines for determining whether underground storage tanks and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized by the Administrator or by statute for use in a motor vehicle, nonroad vehicle, or engine.
Deems tanks and equipment that have been listed by a nationally recognized testing laboratory as compatible with such a fuel or fuel additive as of the date of enactment of this Act to be compatible under the guidelines. Declares that no person shall be liable under any federal or state law, and no provider of financial assurance may deny payment for a claim, on the basis that a tank (or associated dispensing equipment) is not compatible with such fuel or fuel additive if such tank or equipment has been determined to be compatible pursuant to the guidelines issued under this Act.
Amends the Clean Air Act to direct the Administrator to promulgate regulations that establish requirements for the labeling of associated dispensing equipment to prevent the introduction into a motor vehicle, nonroad vehicle, or engine of transportation fuel that contains a fuel or fuel additive that is authorized, after January 1, 2010, by the Administrator or by statute for use in motor vehicles, nonroad vehicles, or engines but that is not compatible with such vehicle or engine. Shields a person selling such fuel who complies with such regulations from liability for: (1) a self-service purchaser's introduction of such a fuel into a vehicle or engine that is not compatible with such fuel; or (2) the voiding of the manufacturer's warranty of such vehicle or engine from introduction of such fuel. Sets penalties for violation of such regulations. | {"src": "billsum_train", "title": "To facilitate the implementation of the Renewable Fuel Standard, and for other purposes."} | 1,328 | 379 | 0.790607 | 2.536258 | 0.850745 | 5.522523 | 3.48048 | 0.933934 |
That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2005, namely:
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Defense-Wide
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $1,400,000,000 for emergency hurricane expenses, to support
costs of evacuation, emergency repairs, deployment of personnel, and
other costs resulting from immediate relief efforts, to remain
available until September 30, 2006: Provided, That the Secretary of
Defense may transfer these funds to appropriations for military
personnel, operation and maintenance, procurement, family housing,
Defense Health Program, and working capital funds: Provided further,
That not to exceed $6,000,000 may be transferred to ``Armed Forces
Retirement Home'' for emergency hurricane expenses: Provided further,
That funds transferred shall be merged with and be available for the
same purposes and for the same time period as the appropriation or fund
to which transferred: Provided further, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the Secretary of Defense
shall, not more than 5 days after making transfers from this
appropriation, notify the Committees on Appropriations in writing of
any such transfer: Provided further, That the amounts provided herein
are designated as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress).
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
OPERATION AND MAINTENANCE
For an additional amount for ``Operation and Maintenance'' for
emergency expenses for repair of storm damage to authorized projects in
the Gulf states affected by Hurricane Katrina, $200,000,000, to remain
available until expended: Provided, That the Chief of Engineers, acting
through the Assistant Secretary of the Army for Civil Works, shall
provide, at a minimum, a weekly report to the Committees on
Appropriations detailing the allocation and obligation of these funds,
beginning not later than September 15, 2005: Provided further, That the
amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Flood Control Act of
August 16, 1941 (33 U.S.C. 701), for emergency expenses for repair of
damage to flood control and hurricane shore protection projects in the
Gulf states caused by Hurricane Katrina, $200,000,000, to remain
available until expended: Provided, That the Chief of Engineers, acting
through the Assistant Secretary of the Army for Civil Works, shall
provide, at a minimum, a weekly report to the Committees on
Appropriations detailing the allocation and obligation of these funds,
beginning not later than September 15, 2005: Provided further, That the
amount provided herein is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress).
DEPARTMENT OF HOMELAND SECURITY
EMERGENCY PREPAREDNESS AND RESPONSE
Disaster Relief
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Disaster Relief'', $50,000,000,000,
to remain available until expended: Provided, That up to $100,000,000
may be transferred to and merged with ``Emergency Preparedness and
Response, Public Health Programs'' for the National Disaster Medical
System to support medical care as authorized by the Public Health
Security and Bioterrorism Preparedness and Response Act of 2002 (42
U.S.C. 300hh-11): Provided further, That $15,000,000 shall be
transferred to and merged with ``Departmental Management and
Operations, Office of Inspector General'' for necessary expenses of the
Office of Inspector General for audits and investigations as authorized
by law for Hurricane Katrina response and recovery activities: Provided
further, That the Secretary of Homeland Security shall provide, at a
minimum, a weekly report to the Committees on Appropriations detailing
the allocation and obligation of these funds, beginning not later than
September 15, 2005: Provided further, That the amounts provided herein
are designated as an emergency requirement pursuant to section 402 of
H. Con. Res. 95 (109th Congress).
GENERAL PROVISION
Sec. 101. For procurements of property or services determined by
the head of an executive agency to be used in support of Hurricane
Katrina rescue and relief operations--
(1) the emergency procurement authority in subsection 32A(c) of
the Office of Federal Procurement Policy Act (41 U.S.C. 428a(c))
may be used; and
(2) the amount specified in subsections (c), (d), and (f) of
section 32 of the Office of Federal Procurement Policy Act (41
U.S.C. 428) shall be $250,000.
This Act may be cited as the ``Second Emergency Supplemental
Appropriations Act to Meet Immediate Needs Arising From the
Consequences of Hurricane Katrina, 2005''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 - Appropriates an additional $1.4 billion to the Department of Defense-Military for ``Operation and Maintenance, Defense-Wide'' for emergency hurricane expenses, to support costs of evacuation, emergency repairs, deployment of personnel, and other costs resulting from immediate relief efforts, to remain available through FY2006. Allows the transfer of up to $6 million to the Armed Forces Retirement Home for emergency hurricane expenses.
Authorizes the Secretary of Defense to transfer these funds to appropriations for military personnel, operation and maintenance, procurement, family housing, Defense Health Program, and working capital funds. Requires transferred funds to be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred. Requires re-transfer back to this appropriation of any transferred funds determined to be not necessary for the purposes of this Act.
Directs the Secretary to notify the congressional defense committees in writing within five days after any such transfer.
Designates such amounts as emergency requirements which shall shall not count for budget enforcement purposes of the Congressional Budget Act of 1974.
Appropriates to the Department of the Army, Corps of Engineers--Civil, an additional $200 million for "Operation and Maintenance," and an additional $200 million for "Flood Control and Coastal Emergencies," to remain available until expended, for emergency expenses for repair of storm damage to authorized projects, as well as flood control and hurricane shore protection projects, in the Gulf States affected by Hurricane Katrina. Requires weekly reports by the Chief of Engineers, acting through the Assistant Secretary of the Army for Civil Works, to the Committees on Appropriations on funds allocation and obligation.
Designates such amounts as emergency requirements which shall shall not count for budget enforcement purposes of the Congressional Budget Act of 1974.
Appropriates an additional $50 billion to the Department of Homeland Security for disaster relief (for areas affected by Hurricane Katrina), to remain available until expended, of which up to $100 million may be transferred to and merged with "Emergency Preparedness and Response--Public Health Programs" for the National Disaster Medical System to support medical care as authorized by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. Requires the transfer of $15 million to, and merger with, "Departmental Management and Operations--Office of Inspector General" for necessary expenses of the Office of Inspector General for audits and investigations as authorized by law for Hurricane Katrina response and recovery activities. Requires weekly reports by the Secretary of Homeland Security to the Committees on Appropriations on funds allocation and obligation.
Designates such amounts as emergency requirements which shall shall not count for budget enforcement purposes of the Congressional Budget Act of 1974.
(Sec. 101) Authorizes the use of the emergency procurement authority of the Office of Federal Procurement Policy Act by executive agencies to make purchases without obtaining competitive quotations for procurements of property or services determined by the agency head to be used in support of Hurricane Katrina rescue and relief operations, if an agency employee determines that the purchase price is reasonable.
Increases from $2,500 to $250,000 the maximum amount (micro-purchase threshold) of such a purchase that: (1) may be made without obtaining competitive quotations; and (2) need not be distributed equitably among qualified suppliers. | {"src": "billsum_train", "title": "Making further emergency supplemental appropriations to meet immediate needs arising from the consequences of Hurricane Katrina, for the fiscal year ending September 30, 2005, and for other purposes."} | 1,220 | 790 | 0.757474 | 2.568735 | 0.772604 | 3.899259 | 1.588148 | 0.820741 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workers' Compensation
Modernization and Improvement Act''.
SEC. 2. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE NURSES.
(a) Definition of Medical Services.--Section 8101(3) of title 5,
United States Code, is amended--
(1) by striking ``law. Reimbursable'' and inserting ``law
(reimbursable''; and
(2) by inserting before the semicolon, the following: ``,
and medical services may include treatment by a physician
assistant or advanced practice nurse, such as a nurse
practitioner, within the scope of their practice as defined by
State law, consistent with regulations prescribed by the
Secretary of Labor)''.
(b) Medical Services and Other Benefits.--Section 8103 of title 5,
United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a), the following:
``(b) Medical services furnished or prescribed pursuant to
subsection (a) may include treatment by a physician assistant or
advanced practice nurse, such as a nurse practitioner, within the scope
of their practice as defined by State law, consistent with regulations
prescribed by the Secretary of Labor.''.
(c) Certification of Traumatic Injury.--Section 8121(6) of title 5,
United States Code, is amended by inserting before the period, the
following: ``(except that in a case of a traumatic injury, a physician
assistant or advanced practice nurse, such as a nurse practitioner,
within the scope of their practice as defined by State law, may also
provide certification of such traumatic injury and related disability
during the continuation of pay period covered by section 8118, in a
manner consistent with regulations prescribed by the Secretary of
Labor)''.
SEC. 3. COVERING TERRORISM INJURIES.
Section 8102(b) of title 5, United States Code, is amended in the
matter preceding paragraph (1)--
(1) by inserting ``or from an attack by a terrorist or
terrorist organization, either known or unknown,'' after
``force or individual,''; and
(2) by striking ``outside'' and all that follows through
``1979)'' and inserting ``outside of the United States''.
SEC. 4. DISFIGUREMENT.
Section 8107(c)(21) of title 5, United States Code--
(1) by striking ``For'' and inserting the following: ``(A)
Except as provided under subparagraph (B), for''; and
(2) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), for an injury
occurring during the 3-year period prior to the date of
enactment of the Federal Workers' Compensation Modernization
and Improvement Act for which the Secretary of Labor has not
made a compensation determination on disfigurement under
subparagraph (A), or for an injury occurring on or after the
date of enactment of such Act resulting in a serious
disfigurement of the face, head, or neck, proper and equitable
compensation in proportion to the severity of the
disfigurement, not to exceed $50,000, as determined by the
Secretary, shall be awarded in addition to any other
compensation payable under this schedule. The applicable
maximum compensation for disfigurement provided under this
subparagraph shall be adjusted annually on March 1 in
accordance with the percentage amount determined by the cost of
living adjustment in section 8146a.''.
SEC. 5. SOCIAL SECURITY EARNINGS INFORMATION.
Section 8116 of title 5, United States Code, is amended by adding
at the end the following:
``(e) Notwithstanding any other provision of law, the Secretary of
Labor may require, as a condition of receiving any benefits under this
subchapter, that a claimant for such benefits consent to the release by
the Social Security Administration of the Social Security earnings
information of such claimant.''.
SEC. 6. CONTINUATION OF PAY IN A ZONE OF ARMED CONFLICT.
Section 8118 of title 5, United States Code, is amended--
(1) in subsection (b), by striking ``Continuation'' and
inserting ``Except as provided under subsection (e)(2),
continuation'';
(2) in subsection (c), by striking ``subsections (a) and
(b)'' and inserting ``subsections (a) and (b) or subsection
(e),'';
(3) in subsection (d), by striking ``subsection (a)'' and
inserting ``subsection (a) or (e)'';
(4) by redesignating subsection (e) as subsection (f); and
(5) by inserting after subsection (d) the following:
``(e) Continuation of Pay in a Zone of Armed Conflict.--
``(1) In general.--Notwithstanding subsection (a), the
United States shall authorize the continuation of pay of an
employee as defined in section 8101(1) of this title (other
than those referred to in subparagraph (B) or (E)), who has
filed a claim for a period of wage loss due to traumatic injury
in performance of duty in a zone of armed conflict (as so
determined by the Secretary of Labor under paragraph (3)), as
long as the employee files a claim for such wage loss benefit
with his immediate superior not later than 45 days following
termination of assignment to the zone of armed conflict or
return to the United States, whichever occurs later.
``(2) Continuation of pay.--Notwithstanding subsection (b),
continuation of pay under this subsection shall be furnished
for a period not to exceed 135 days without any break in time
or waiting period, unless controverted under regulations
prescribed by the Secretary of Labor.
``(3) Determination of zones of armed conflict.--For
purposes of this subsection, the Secretary of Labor, in
consultation with the Secretary of State and the Secretary of
Defense, shall determine whether a foreign country or other
foreign geographic area outside of the United States (as that
term is defined in section 202(7) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4302(7))) is a zone of armed
conflict based on whether--
``(A) the Armed Forces of the United States are
involved in hostilities in the country or area;
``(B) the incidence of civil insurrection, civil
war, terrorism, or wartime conditions threatens
physical harm or imminent danger to the health or well-
being of United States civilian employees in the
country or area;
``(C) the country or area has been designated a
combat zone by the President under section 112(c) of
the Internal Revenue Code of 1986 (26 U.S.C. 112(c));
``(D) a contingency operation involving combat
operations directly affects civilian employees in the
country or area; or
``(E) there exist other relevant conditions and
factors.''.
SEC. 7. SUBROGATION OF CONTINUATION OF PAY.
(a) Subrogation of the United States.--Section 8131 of title 5,
United States Code, is amended--
(1) in subsection (a), by inserting ``continuation of pay
or'' before ``compensation''; and
(2) in subsection (c), by inserting ``continuation of pay
or'' before ``compensation already paid''.
(b) Adjustment After Recovery From A Third Person.--Section 8132 of
title 5, United States Code, is amended--
(1) by inserting ``continuation of pay or'' before
``compensation'' the first, second, fourth, and fifth place it
appears;
(2) by striking ``in his behalf'' and inserting ``on his
behalf''; and
(3) by inserting ``continuation of pay and'' before
``compensation'' the third place it appears.
SEC. 8. FUNERAL EXPENSES.
Section 8134 of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``If'' and inserting
``Except as provided in subsection (b), if'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Notwithstanding subsection (a), for deaths occurring on or
after the date of enactment of the Federal Workers' Compensation
Modernization and Improvement Act, if death results from an injury
sustained in the performance of duty, the United States shall pay, to
the personal representative of the deceased or otherwise, funeral and
burial expenses not to exceed $6,000, in the discretion of the
Secretary of Labor. The applicable maximum compensation for burial
expenses provided under this subsection shall be adjusted annually on
March 1 in accordance with the percentage amount determined by the cost
of living adjustment in section 8146a.''.
SEC. 9. EMPLOYEES' COMPENSATION FUND.
Section 8147 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``except administrative expenses''
and inserting ``including administrative expenses'';
and
(B) by striking the last 2 sentences; and
(2) in subsection (b)--
(A) in the first sentence, by inserting before the
period ``and an estimate of a pro-rata share of the
amount of funds necessary to administer this subchapter
for the fiscal year beginning in the next calendar
year''; and
(B) in the second sentence, by striking ``costs''
and inserting ``amount set out in the statement of
costs and administrative expenses furnished pursuant to
this subsection''.
SEC. 10. CONFORMING AMENDMENT.
Section 8101(1)(D) of title 5, United States Code, is amended by
inserting before the semicolon ``who suffered an injury on or prior to
March 3, 1979''.
SEC. 11. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act, shall take effect 60 days after the date of enactment of this
Act.
SEC. 12. PAYGO COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Passed the House of Representatives November 29, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Federal Workers' Compensation Modernization and Improvement Act - Modifies the definition of "medical, surgical, and hospital services and supplies" under the Federal Employees' Compensation Act (FECA) to include physician assistants and advanced practice nurses and to provide for the reimbursement for services provided by such assistants and nurses. Permits such assistants and nurses to certify disability due to traumatic injury during a continuation of pay period.
Extends eligibility for compensation under FECA for disability or death resulting from an attack by a terrorist or terrorist organization.
Allows additional FECA benefits, up to $50,000, for workers who sustain an injury that results in a serious disfigurement of the face, head, or neck.
Authorizes the Secretary of Labor to require, as a condition of receiving compensation under FECA, a claimant to consent to the release by the Social Security Administration (SSA) of such claimant's social security earnings information.
Provides for the continuation of pay, for up to 135 days, of an employee who has filed a claim for wage loss due to a traumatic injury in a zone of armed conflict. Requires a claim for wage loss to be filed not later than 45 days following termination of assignment to the zone of armed conflict or return to the United States, whichever occurs later. Grants a right of subrogation to the United States for the continuation of pay of a federal employee.
Allows payment of up to $6,000 of funeral and burial expenses for deaths of federal employees that result from an injury sustained in the performance of duty.
Allows payment of administrative expenses from the Employees' Compensation Fund.
Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010. | {"src": "billsum_train", "title": "To amend the Federal Employees' Compensation Act."} | 2,394 | 385 | 0.506742 | 1.495483 | 0.741281 | 3.706949 | 6.691843 | 0.897281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fixing the Federal Voting Assistance
Program Act of 2008''.
SEC. 2. APPOINTMENT AND QUALIFICATIONS OF PRESIDENTIAL DESIGNEE.
(a) In General.--Section 101(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff(a)) is amended to read
as follows:
``(a) Presidential Designee.--
``(1) Appointment.--The Federal functions under this title
shall be carried out by an individual appointed by the
President by and with the advice and consent of the Senate, who
shall be known for purposes of this title as the `Presidential
designee'.
``(2) Qualifications.--The President may not appoint any
individual to serve as the Presidential designee unless the
individual has prior experience in election administration that
includes oversight of voter registration and absentee ballot
distribution.''.
(b) Transition for Current Presidential Designee.--Notwithstanding
section 101(a) of the Uniformed and Overseas Citizens Absentee Voting
Act, as amended by subsection (a), the individual serving as the
Presidential designee under such Act as of the date of the enactment of
this Act may continue to serve as the Presidential designee without
meeting the appointment and qualifications requirements of section
101(a) of such Act, but only until the expiration of the 6-month period
which begins on the date of the enactment of this Act.
SEC. 3. OVERSEAS VOTING ADVISORY BOARD.
(a) Establishment; Duties.--There is hereby established the
Overseas Voting Advisory Board (hereafter in this Act referred to as
the ``Board'').
(b) Duties.--
(1) In general.--The Board shall conduct studies and issue
reports with respect to the following issues:
(A) The ability of citizens of the United States
who reside outside of the United States to register to
vote and vote in elections for public office.
(B) Methods to promote voter registration and
voting among such citizens.
(C) The effectiveness of the Presidential designee
under the Uniformed and Overseas Citizens Absentee
Voting Act in assisting such citizens in registering to
vote and casting votes in elections.
(D) The effectiveness of the administration and
enforcement of the requirements of the Uniformed and
Overseas Citizens Absentee Voting Act.
(E) The need for the enactment of legislation or
the adoption of administrative actions to ensure that
all Americans who are away from the jurisdiction in
which they are eligible to vote because they live
overseas or serve in the military (or are a spouse or
dependent of someone who serves in the military) are
able to register to vote and vote in elections for
public office.
(2) Reports.--In addition to issuing such reports as it
considers appropriate, the Board shall transmit to Congress a
report not later than March 31 of each year describing its
activities during the previous year, and shall include in that
report such recommendations as the Board considers appropriate
for legislative or administrative action, including the
provision of funding, to address the issues described in
paragraph (1).
(3) Committee hearings on annual report.--
(A) In general.--During each year, the Committees
on Armed Services of the House of Representatives and
Senate, the Committee on House Administration of the
House of Representatives, and the Committee on Rules
and Administration of the Senate shall each hold a
hearing on the annual report submitted by the Board
under paragraph (2).
(B) Exercise of rulemaking authority.--The
provisions of subparagraph (A) are enacted--
(i) as an exercise of the rulemaking power
of the House of Representatives and Senate,
and, as such, they shall be considered as part
of the rules of the House or Senate (as the
case may be), and such rules shall supersede
any other rule of the House or Senate only to
the extent that rule is inconsistent therewith;
and
(ii) with full recognition of the
constitutional right of either House to change
such rules (so far as relating to the procedure
in such House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of the House or Senate.
(c) Membership.--
(1) Appointment.--The Board shall be composed of 5 members
appointed by the President not later than 6 months after the
date of the enactment of this Act, of whom--
(A) 1 shall be appointed from among a list of
nominees submitted by the Speaker of the House of
Representatives;
(B) 1 shall be appointed from among a list of
nominees submitted by the Minority Leader of the House
of Representatives;
(C) 1 shall be appointed from among a list of
nominees submitted by the Majority Leader of the
Senate; and
(D) 1 shall be appointed from among a list of
nominees submitted by the Minority Leader of the
Senate.
(2) Qualifications.--An individual may serve as a member of
the Board only if the individual has experience in election
administration and resides or has resided for an extended
period of time overseas (as a member of the uniformed services
or otherwise), except that the President shall ensure that at
least one member of the Board is a citizen who resides overseas
while serving on the Board.
(3) Terms of service.--
(A) In general.--Except as provided in subparagraph
(B), each member shall be appointed for a term of 4
years. A member may be reappointed for additional
terms.
(B) Vacancies.--A vacancy in the Board shall be
filled in the manner in which the original appointment
was made. Any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office.
(4) Pay.--
(A) No pay for service.--A member shall serve
without pay, except that a 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.
(B) Reimbursement of travel expenses by
presidential designee.--Upon request of the Chairperson
of the Board, the Presidential designee under the
Uniformed and Overseas Citizens Absentee Voting Act
shall, from amounts made available for the salaries and
expenses of the Presidential designee, reimburse the
Board for any travel expenses paid on behalf of a
member under subparagraph (A).
(5) Quorum.--3 members of the Board shall constitute a
quorum but a lesser number may hold hearings.
(6) Chairperson.--The members of the Board shall designate
one member to serve as Chairperson.
(d) Staff.--
(1) Authority to appoint.--Subject to rules prescribed the
Board, the chairperson may appoint and fix the pay of such
staff as the chairperson considers necessary.
(2) Application of civil service laws.--The staff of the
Board shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
(3) Experts and consultants.--Subject to rules prescribed
by the Board, the Chairperson may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(4) Staff of federal agencies.--Upon request of the
Chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Board to assist it in carrying out
its duties under this Act.
(e) Powers.--
(1) Hearings and sessions.--The Board 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 Board
considers appropriate. The Board may administer oaths or
affirmations to witnesses appearing before it.
(2) Obtaining official data.--The Board may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of
the Chairperson, the head of that department or agency shall
furnish that information to the Board.
(3) Mails.--The Board may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon the request of
the Board, the Administrator of General Services shall provide
to the Board, on a reimbursable basis, the administrative
support services necessary for the Board to carry out its
responsibilities under this Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Board such sums as may be necessary to carry out
this section for fiscal year 2009 and each succeeding fiscal year. | Fixing the Federal Voting Assistance Program Act of 2008 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require the presidential designee responsible for carrying out federal functions under the Act to have experience in election administration and be approved by the Senate.
Establishes the Overseas Voting Advisory Board to conduct studies and issue reports with respect to various issues, including the ability of U.S. citizens who reside outside of the United States to register to vote and vote in elections for public office. | {"src": "billsum_train", "title": "To amend the Uniformed and Overseas Citizens Absentee Voting Act to require the Presidential designee responsible for carrying out Federal functions under the Act to have experience in election administration and be approved by the Senate, to establish the Overseas Voting Advisory Board to oversee the administration of the Act so that American citizens who live overseas or serve in the military can participate in elections for public office, and for other purposes."} | 2,040 | 116 | 0.616509 | 1.488352 | 0.624982 | 4.355556 | 20.244444 | 0.911111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Jobs Credit Act of
2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In many parts of the United States, smaller cities and
rural areas are experiencing population loss and low-job growth
that hurts the surrounding communities.
(2) In areas hurt by low-job growth, people are forced to
leave the communities they have lived in their whole life to
secure a job.
(3) A small business tax credit to promote jobs in areas
suffering from low-job growth and population loss would spur
the economy and allow businesses to take advantage of an often
underutilized well-educated workforce.
SEC. 3. EXPANSION OF WORK OPPORTUNITY TAX CREDIT.
(a) In General.--Section 51(d)(1) of the Internal Revenue Code of
1986 (relating to members of targeted groups) is amended by striking
``or'' at the end of subparagraph (G), by striking the period at the
end of subparagraph (H) and inserting ``, or'', and by adding at the
end the following:
``(I) a qualified small business employee.''.
(b) Qualified Small Business Employee.--Section 51(d) of the
Internal Revenue Code of 1986 is amended by redesignating paragraphs
(10) through (12) as paragraphs (11) through (13), respectively, and by
inserting after paragraph (9) the following:
``(10) Qualified small business employee.--
``(A) In general.--The term `qualified small
business employee' means any individual--
``(i) hired by a qualified small business
located in a development zone, or
``(ii) hired by a qualified small business
and who is certified by the designated local
agency as residing in such a development zone.
``(B) Qualified small business.--The term
`qualified small business' has the meaning given the
term `small employer' by section 4980D(d)(2).
``(C) Development zone.--For purposes of this
section--
``(i) In general.--The term `development
zone' means any area--
``(I) which is nominated under the
procedures defined in sections
1400E(a)(1)(A) and 1400E(a)(4) for
renewal communities;
``(II) which the Secretary of
Housing and Urban Development
designates as a development zone, after
consultation with the Secretary of
Commerce;
``(III) which has a population of
not less than 5,000 and not more than
150,000;
``(IV) which has a poverty rate not
less than 20 percent (within the
meaning of section 1400E(c)(3)(C));
``(V) which has an average rate of
job growth of less than 1 percent
during the preceding 5-year period; and
``(VI) which, during the period
beginning January 1, 1990 and ending
with the date of the enactment of this
Act, has a net out-migration of
inhabitants, or other population loss,
from the area of at least 3 percent of
the population of the area during such
period.
``(ii) Number of designations.--The
Secretary of Housing and Urban Development may
not designate more than 100 development zones.
``(D) Special rules for determining amount of
credit.--For purposes of applying this subpart to wages
paid or incurred to any qualified small business
employee--
``(i) subsection (a) shall be applied by
substituting ``20 percent of the qualified
first, second, third, fourth, or fifth year
wages'' for ``40 percent of the qualified first
year wages'', and
``(ii) in lieu of paragraphs (2) and (3) of
subsection (b), the following definitions and
special rule shall apply:
``(I) Qualified first-year wages.--
The term `qualified first-year wages'
means, with respect to any individual,
qualified wages attributable to service
rendered during the 1-year period
beginning with the day the individual
begins work for the employer.
``(II) Qualified second-year
wages.--The term `qualified second-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (I).
``(III) Qualified third-year
wages.--The term `qualified third-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (II).
``(IV) Qualified fourth-year
wages.--The term `qualified fourth-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (III).
``(V) Qualified fifth-year wages.--
The term `qualified fifth-year wages'
means, with respect to any individual,
qualified wages attributable to service
rendered during the 1-year period
beginning on the day after the last day
of the 1-year period with respect to
such individual determined under
subclause (IV).
``(VI) Only first $15,000 of wages
per year taken into account.--The
amount of the qualified first, second,
third, fourth, and fifth year wages
which may be taken into account with
respect to any individual shall not
exceed $15,000 per year.''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act. | Small Business Jobs Credit Act of 2001 - Amends the Internal Revenue Code to include a "qualified small business employee" (an employee who is either hired by a qualified small business located in a development zone or who is hired by a qualified small business and who lives in such a zone) as a member of a targeted group for purposes of computing the work opportunity credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand the work opportunity tax credit for small business jobs creation."} | 1,309 | 83 | 0.575652 | 1.470852 | 0.723073 | 3.013889 | 17.277778 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Durable Medical Equipment
Access Act of 2007''.
SEC. 2. BENEFICIARY PROTECTIONS.
(a) Application of Quality Standards.--Section 1847(b)(2)(B) of the
Social Security Act (42 U.S.C. 1395w-3(b)(2)(B)) is amended to read as
follows:
``(B) Application of quality standards and receipt
of advice from oversight committee.--The Secretary may
not award any contracts under the competitive
acquisition program under this section unless--
``(i) the quality standards have been
implemented under section 1834(a)(20); and
``(ii) the Secretary has received advice
from the program oversight committee
established under subsection (c).''.
(b) Requiring Use of Exemptions.--Section 1847(a)(3) of such Act
(42 U.S.C. 1395w-3(a)(3)) is amended by striking ``may exempt'' and
inserting ``shall exempt''.
(c) Exemption of Smaller MSAs.--Section 1847(a)(3)(A) of such Act
(42 U.S.C. 1395w-3(a)(3)(A)) is amended by inserting ``(including any
metropolitan statistical area with a population of less than 500,000)''
after ``rural areas''.
(d) Application of Federal Advisory Committee Act (FACA) to Program
Advisory and Oversight Committee (PAOC).--Section 1847(c)(4) of such
Act (42 U.S.C. 1395w-3(c)(4)) is amended to read as follows:
``(4) Applicability of faca.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the
Committee.''.
(e) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 3. SMALL SUPPLIER PROTECTIONS.
(a) Qualified Supplier Participation.--Section 1847(b) of the
Social Security Act (42 U.S.C. 1395w-3(b)) is amended--
(1) in paragraph (4)(A), by striking ``The Secretary may
limit'' and inserting ``Subject to paragraph (6)(D), the
Secretary may limit''; and
(2) in paragraph (6)(D), by adding at the end the
following: ``Such appropriate steps shall include permitting
all suppliers to continue to participate as suppliers at the
selected award price so long as they submit bids at less than
the fee schedule amount otherwise applicable to the items and
they otherwise comply with applicable program requirements.''.
(b) Restoration of Due Process.--Section 1847(b)(10) of such Act
(42 U.S.C. 1395w-3(b)(10)) is amended--
(1) by striking ``No administrative or judicial review''
and inserting ``Restoration of appeal rights''; and
(2) by striking ``There shall be no administrative or
judicial review under section 1869, section 1878, or otherwise
of'' and inserting ``Administrative and judicial review shall
only be available under section 1869 (and not otherwise) of''.
(c) Application of Requirement for Significant Savings.--Section
1847(a) of such Act (42 U.S.C. 1395w-3(a)) is amended--
(1) in paragraph (3)(B), by inserting ``of at least 10
percent'' after ``significant savings''; and
(2) in paragraph (1), by adding at the end the following
new subparagraph:
``(D) Requirement for significant savings.--The
Secretary shall not implement a program under this
section with respect to an item or service unless the
Secretary demonstrates a probability of achieving
significant savings of at least 10 percent, compared to
the fee schedule in effect on January 1, 2007, by
including the item or service in the program.''.
(d) Comparability Analysis.--Section 1834(a)(1) of such Act (42
U.S.C. 1395m(a)(1)) is amended--
(1) in subparagraph (F), by inserting ``subject to
subparagraph (G),'' after ``2009,''; and
(2) by adding at the end the following new subparagraphs:
``(G) Requirement for comparability analysis before
implementation.--The Secretary may not implement
subparagraph (F) with respect to the application of
rates in an area that is not a competitive acquisition
area under section 1847 unless the Secretary has
completed and published in the Federal Register a
comparability analysis to ensure the application is
appropriate. The comparability analysis shall include
at least an analysis of the relative costs of providing
the particular items and services in the respective
metropolitan statistical areas and an assessment of
whether application of the bid rate in an area that is
not a competitive acquisition area would adversely
impact beneficiary access to quality items and
services.
``(H) Application of comparability analysis
requirement to certain other part b items and
services.--Subparagraph (G) shall also apply to the
implementation of section 1847(a) with respect to items
described in paragraph (2)(B) or (2)(C) of such section
that are furnished on or after January 1, 2009.''.
(e) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 4. REPORT ON QUALITY AND ACCESS IMPACT OF IMPLEMENTATION AT 10
INITIAL COMPETITIVE ACQUISITION AREAS.
(a) Analysis and Report.--After the Secretary of Health and Human
Services has fully implemented the initial 10 competitive acquisition
areas under section 1847 of the Social Security Act, the Secretary
shall conduct a complete analysis of the impact of competitive bidding
in those areas, including its impact on beneficiary access to quality
products and its impact on providers of items and services covered
under competition and shall submit a report to Congress on such
analysis.
(b) Moratorium on Further Implementation Until Congressional
Action.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall not expand the coverage of competitive
acquisition programs under section 1847(a) of the Social
Security Act (42 U.S.C. 1395w-3(a)), or apply bid rates to non-
bid areas under such section, beyond the 10 competitive
acquisition areas identified under paragraph (1)(B)(i)(I) of
such section as of the date of the enactment of this Act,
unless specifically authorized by Congress after such date.
(2) Conforming reference.--Section 1847(a)(1)(B) of the
Social Security Act (42 U.S.C. 1395w-3(a)(1)(B)) is amended, in
the matter before clause (i), by striking ``The programs'' and
inserting ``Subject to section 4(b)(1) of the Medicare Durable
Medical Equipment Access Act of 2007, the programs''. | Medicare Durable Medical Equipment Access Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee.
Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Exempts smaller metropolitan statistical areas as well.
Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit all suppliers to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable and otherwise comply with program requirements.
Provides for appeal rights (currently denied).
Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%.
Prohibits the Secretary from implementing a program with respect to an item or service unless inclusion of the item or service will make significant savings of at least 10% probable, compared to the fee schedule in effect on January 1, 2007.
Prohibits the Secretary from implementing certain payment rate basis requirements for covered items furnished after January 1, 2009, with respect to an area that is not a competitive acquisition area, unless a comparability analysis has been completed and published.
Directs the Secretary, after fully implementing the initial 10 competitive acquisition areas, to analyze and report to Congress on the impact of competitive bidding in those areas.
Prohibits expanding the coverage of competitive acquisition programs, or applying bid rates to non-bid areas, beyond the 10 competitive acquisition areas, unless specifically authorized by Congress. | {"src": "billsum_train", "title": "To amend part B of title XVIII of the Social Security Act to assure access to durable medical equipment under the Medicare Program."} | 1,660 | 443 | 0.484829 | 1.637453 | 0.741723 | 3.233577 | 3.233577 | 0.868613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Center Act of 2006''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) There are not enough qualified teachers in the Nation's
classrooms, and an unprecedented number of teachers will retire
over the next 5 years. Over the next decade, the Nation will
need to bring 2,000,000 new teachers into public schools.
(2) Too many teachers do not receive adequate preparation
for their jobs.
(3) More than one-third of children in grades 7 through 12
are taught by a teacher who lacks both a college major and
certification in the subject being taught. Rates of ``out-of-
field teaching'' are especially high in high-poverty schools.
(4) Teacher turnover is a serious problem, particularly in
urban and rural areas. Over one-third of new teachers leave the
profession within their first 3 years of teaching, and 14
percent of new teachers leave the field within the first year.
After 5 years--the average time it takes for teachers to
maximize students' learning--half of all new teachers will have
exited the profession. Rates of teacher attrition are highest
in high-poverty schools. Between 2000 and 2001, 1 out of 5
teachers in the Nation's high-poverty schools either left to
teach in another school or dropped out of teaching altogether.
(5) African-American, Latino, and low-income students are
much less likely than other students to have highly-qualified
teachers.
(6) Research shows that individual teachers have a great
impact on how well their students learn. The most effective
teachers have been shown to be able to boost their pupils'
learning by a full grade level relative to students taught by
less effective teachers.
(7) Only 16 States finance new teacher induction programs,
and fewer still require inductees to be matched with mentors
who teach the same subject.
(8) Large-scale studies of effective professional
development have documented that student achievement and
teacher learning increases when professional development is
teacher-led, ongoing, and collaborative.
(9) Research shows that the characteristics of successful
professional development include a focus on concrete classroom
applications and practice, and opportunities for teacher
observation, critique, reflection, group support, and
collaboration.
(10) Data on school reform shows that teachers are
attracted to and continue to teach in academically challenged
schools when appropriate supports are in place to help them
succeed. Appropriate supports include high-quality induction
programs, job-embedded professional development, and small
classes which allow teachers to tailor instruction to meet the
needs of individual students.
SEC. 3. IMPROVING RETENTION OF AND PROFESSIONAL DEVELOPMENT FOR PUBLIC
ELEMENTARY AND SECONDARY SCHOOL TEACHERS.
(a) In General.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end
the following:
``PART E--TEACHER RETENTION
``SEC. 2501. IMPROVING PROFESSIONAL DEVELOPMENT OPPORTUNITIES THROUGH
TEACHER CENTERS.
``(a) Grants.--The Secretary may make grants to eligible entities
for the establishment and operation of new teacher centers or the
support of existing teacher centers.
``(b) Special Consideration.--In making grants under this section,
the Secretary shall give special consideration to any application
submitted by an eligible entity that is--
``(1) a high-need local educational agency; or
``(2) a consortium that includes at least one high-need
local educational agency.
``(c) Duration.--Each grant under this section shall be for a
period of 3 years.
``(d) Required Activities.--A teacher center receiving assistance
under this section shall carry out each of the following activities:
``(1) Providing high-quality professional development to
teachers to assist the teachers in improving their knowledge,
skills, and teaching practices in order to help students to
improve the students' achievement and meet State academic
standards.
``(2) Providing teachers with information on developments
in curricula, assessments, and educational research, including
the manner in which the research and data can be used to
improve teaching skills and practice.
``(3) Providing training and support for new teachers.
``(e) Permissible Activities.--A teacher center may use assistance
under this section for any of the following:
``(1) Assessing the professional development needs of the
teachers and other instructional school employees, such as
librarians, counselors, and paraprofessionals, to be served by
the center.
``(2) Providing intensive support to staff to improve
instruction in literacy, mathematics, science, and other
curricular areas necessary to provide a well-rounded education
to students.
``(3) Providing support to mentors working with new
teachers.
``(4) Providing training in effective instructional
services and classroom management strategies for mainstream
teachers serving students with disabilities and students with
limited English proficiency.
``(5) Enabling teachers to engage in study groups and other
collaborative activities and collegial interactions regarding
instruction.
``(6) Paying for release time and substitute teachers in
order to enable teachers to participate in the activities of
the teacher center.
``(7) Creating libraries of professional materials and
educational technology.
``(8) Providing high-quality professional development for
other instructional staff, such as paraprofessionals,
librarians, and counselors.
``(9) Assisting teachers to become highly qualified and
paraprofessionals to become teachers.
``(10) Assisting paraprofessionals to meet the requirements
of section 1119.
``(11) Developing curricula.
``(12) Incorporating additional on-line professional
development resources for participants.
``(13) Providing funding for individual- or group-initiated
classroom projects.
``(14) Developing partnerships with businesses and
community-based organizations.
``(15) Establishing a teacher center site.
``(f) Teacher Center Policy Board.--
``(1) In general.--A teacher center receiving assistance
under this section shall be operated under the supervision of a
teacher center policy board.
``(2) Membership.--
``(A) Teacher representatives.--The majority of the
members of a teacher center policy board shall be
representatives of, and selected by, the elementary and
secondary school teachers to be served by the teacher
center. Such representatives shall be selected through
the teacher organization, or if there is no teacher
organization, by the teachers directly.
``(B) Other representatives.--The members of a
teacher center policy board--
``(i) shall include at least 2 members who
are representatives of, or designated by, the
school board of the local educational agency to
be served by the teacher center;
``(ii) shall include at least 1 member who
is a representative of, and is designated by,
the institutions of higher education (with
departments or schools of education) located in
the area; and
``(iii) may include paraprofessionals.
``(g) Application.--
``(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require.
``(2) Assurance of compliance.--An application under
paragraph (1) shall include an assurance that the eligible
entity will require any teacher center receiving assistance
through the grant to comply with the requirements of this
section.
``(3) Teacher center policy board.--An application under
paragraph (1) shall include the following:
``(A) An assurance that--
``(i) the eligible entity has established a
teacher center policy board;
``(ii) the board participated fully in the
preparation of the application; and
``(iii) the board approved the application
as submitted.
``(B) A description of the membership of the board
and the method of selection of the membership.
``(h) Definitions.--In this section:
``(1) The term `eligible entity' means a local educational
agency or a consortium of 2 or more local educational agencies.
``(2) The term `high-need' means, with respect to an
elementary school or a secondary school, a school--
``(A) that serves an eligible school attendance
area (as defined in section 1113) in which not less
than 65 percent of the children are from low-income
families, based on the number of children eligible for
free and reduced priced lunches under the Richard B.
Russell National School Lunch Act; or
``(B) in which not less than 65 percent of the
children enrolled are from such families.
``(3) The term `high-need local educational agency' means a
local educational agency--
``(A) that serves not fewer than 10,000 children
from families with incomes below the poverty line, or
for which not less than 20 percent of the children
served by the agency are from families with incomes
below the poverty line; and
``(B) that is having or expected to have difficulty
filling teacher vacancies or hiring new teachers who
are highly qualified.
``(4) The term `teacher center policy board' means a
teacher center policy board described in subsection (f).
``(i) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $100,000,000 for fiscal year
2007 and such sums as may be necessary for each of the 5 succeeding
fiscal years.''.
(b) Conforming Amendment.--The table of contents at section 2 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.) is amended by inserting after the item relating to section 2441
of such Act the following new items:
``Part E--Teacher Retention
``Sec. 2501. Improving professional development opportunities.''. | Teacher Center Act of 2006 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to local educational agencies (LEAs) or consortiums of LEAs for the establishment and operation of new teacher centers or the support of existing centers. Requires that special consideration be given to high-need LEAs that serve a specified number or percentage of poor children and face difficulties in recruiting highly qualified teachers.
Requires teacher centers established or supported with such funds to provide: (1) high-quality professional development to teachers that will enable them to help students improve their achievement and meet state academic standards; (2) teachers with information on developments in curricula, assessments, and educational research; and (3) training and support for new teachers. Lists other permissible uses of such funds by teacher centers. Conditions a center's receipt of such assistance on its operation under the supervision of a teacher center policy board, the majority of whose members must be representatives of, and selected by, the elementary and secondary school teachers to be served by the center. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to improve retention of public elementary and secondary school teachers, and for other purposes."} | 2,172 | 229 | 0.52597 | 1.609165 | 0.934656 | 3.84058 | 10.096618 | 0.874396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educating Tomorrow's Workforce Act
of 2014.''.
SEC. 2. DEFINITIONS.
Section 3 of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2302) is amended--
(1) by redesignating paragraphs (6) through (9), (10)
through (23), and (24) through (34), as paragraphs (7) through
(10), (12) through (25), and (27) through (37), respectively;
(2) by inserting after paragraph (5) the following:
``(6) Career and technical education program of study.--The
term `career and technical education program of study' means a
coordinated, non-duplicative sequence of secondary and
postsecondary academic and technical courses that--
``(A) incorporate rigorous, State-identified
college and career readiness standards, including
State-identified career and technical education
standards that address both academic and technical
contents;
``(B) support attainment of employability and
career readiness skills;
``(C) progress in content specificity (by beginning
with all aspects of an industry or career cluster and
leading to more occupationally specific instruction or
by preparing students for ongoing postsecondary career
preparation);
``(D) incorporate multiple entry and exit points
with portable demonstrations of technical or career
competency, which may include credit-transfer
agreements or industry-recognized certifications; and
``(E) culminate in the attainment of--
``(i) an industry-recognized certification,
credential, or license;
``(ii) a registered apprenticeship or
credit-bearing postsecondary certificate; or
``(iii) an associate or baccalaureate
degree.'';
(3) by inserting after paragraph (10), as redesignated by
paragraph (1), the following:
``(11) Credit-transfer agreement.--The term `credit-
transfer agreement' means an opportunity for secondary students
to be awarded transcripted postsecondary credit, supported with
a formal agreement between secondary and postsecondary
education systems, for--
``(A) technical credit such as dual enrollment,
dual credit, or articulated credit, which may include
credit by examination or credit by performance on
technical assessments; or
``(B) academic credit such as dual enrollment, dual
credit, or articulated credit, which may include credit
by examination or credit by performance on academic
assessments.''; and
(4) by inserting after paragraph (25), as redesignated by
paragraph (1), the following:
``(26) Registered apprenticeship program.--The term
`registered apprenticeship program' means an apprenticeship
program--
``(A) registered under the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act'';
50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and
``(B) that meets such other criteria as may be
established by the Secretary under this section.''.
SEC. 3. STATE PLAN.
Section 122(c)(1) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2342(c)(1)) is amended--
(1) by striking subparagraph (A);
(2) by redesignating subparagraphs (B) through (L) as
subparagraphs (A) through (K), respectively; and
(3) in subparagraph (A), as redesignated by paragraph (2),
by striking ``the career and technical programs of study
described in subparagraph (A)'' and inserting ``career and
technical education programs of study, including a description
of how the eligible agency will ensure the quality of any
program of study culminating in an industry-recognized
certificate, credential, or license''.
SEC. 4. STATE LEADERSHIP ACTIVITIES.
Section 124 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2344) is amended--
(1) in subsection (b)(6), by striking ``programs of study,
as described in section 122(c)(1)(A)'' and inserting
``education programs of study''; and
(2) in subsection (c)--
(A) in paragraph (9), by striking ``, career
academies,'';
(B) in paragraph (16)(B), by striking ``and'' after
the semicolon;
(C) in paragraph (17), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(18) support for career academies, which--
``(A) implement a college and career ready
curriculum at the secondary education level that
integrates rigorous academic, technical, and
employability contents through career and technical
education programs of study and high-quality elements,
including those described in section 134(b)(7);
``(B) include experiential or work-based learning
for secondary school students, in collaboration with
local and regional employers;
``(C) include opportunities for secondary school
students to earn postsecondary credit while in
secondary school, such as through credit transfer
agreements including dual enrollment; and
``(D) establish and maintain ongoing partnerships--
``(i) between the local educational agency,
business and industry, and institutions of
higher education, or postsecondary vocational
institutions (as defined in section 102(c) of
the Higher Education Act of 1965 (20 U.S.C.
1002(c))); and
``(ii) which may also include local
government, such as workforce and economic
development entities.''.
SEC. 5. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS.
Section 134(b) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2354(b)) is amended--
(1) in paragraph (3)(A), by striking ``programs of study
described in section 122(c)(1)(A)'' and inserting ``education
programs of study''; and
(2) by striking paragraph (7) and inserting the following:
``(7) describe how the eligible recipient will conduct an
assessment of local needs related to career and technical
education as part of the local plan development process and how
such needs assessment will be updated annually in subsequent
years of the local plan, including how the needs assessment
includes an evaluation of progress toward specific elements
leading to high-quality implementation of career and technical
education programs of study, including--
``(A) sustained, intensive, and focused
professional development for teachers, principals,
administrators, and school counselors on both content
and pedagogy that--
``(i) supports high-quality academic and
career and technical education instruction; and
``(ii) ensures local, regional, and State
labor market information as applicable is
utilized to make informed decisions about
program offerings and to advise students of
career opportunities and benefits;
``(B) a curriculum aligned with the requirements
for a career and technical education program of study;
``(C) teaching and learning strategies focused on
the integration of academic and career and technical
education content, including supports necessary to
implement such strategies;
``(D) ongoing relationships between education,
business and industry, and other community
stakeholders;
``(E) opportunities for secondary students to earn
postsecondary credit while in secondary school, such as
through credit transfer agreements including dual
enrollment;
``(F) career and technical student organizations,
or other activities that promote the development of
leadership and employability skills;
``(G) appropriate equipment and technology aligned
with business and industry needs;
``(H) a continuum of work-based learning
opportunities, such as job shadowing, mentorships,
internships, apprenticeships, clinical experiences,
service learning experiences, and cooperative
education;
``(I) valid and reliable technical skills
assessments to measure student achievement, which may
include industry-recognized certifications or may lead
to other credentials;
``(J) support services to ensure equitable
participation for all students; and
``(K) recruitment and retention efforts to ensure
highly effective educators, principals, and
administrators.''.
SEC. 6. LOCAL USES OF FUNDS.
Section 135 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2355) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``programs of
study described in section 122(c)(1)(A)''; and
inserting ``education programs of study''; and
(B) in paragraph (2), by striking ``career and
technical program of study described in section
122(c)(1)(A)'' and inserting ``career and technical
education program of study''; and
(2) in subsection (c)--
(A) in paragraph (19)--
(i) in subparagraph (C), by striking
``programs of study described in section
122(c)(1)(A)'' and inserting ``education
programs of study''; and
(ii) in subparagraph (D), by striking
``and'' after the semicolon;
(B) in paragraph (20), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(21) to provide support for career academies, as
described in section 124(c)(18).''.
SEC. 7. CONFORMING AMENDMENTS.
Section 113 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2323) is amended--
(1) in subsection (b)(4)(C)(ii)(I), by striking ``section
3(29)'' and inserting ``section 3(32)''; and
(2) in subsection (c)(2)(A), by striking ``section 3(29)''
and inserting ``section 3(32)''. | Educating Tomorrow's Workforce Act of 2014 - Amends the Carl D. Perkins Career and Technical Education Act of 2006 to revise the requirements for the plan of a state seeking federal assistance for career and technical education programs. Requires the state plan to describe how the eligible state agency will ensure the quality of any program of study culminating in an industry-recognized certificate, credential, or license. Requires state agency leadership activities to support career academies which: implement a college and career ready curriculum at the secondary education level integrating rigorous academic, technical, and employability contents; include experiential or work-based learning for secondary school students, in collaboration with local and regional employers; include opportunities for secondary school students to earn postsecondary credit while in secondary school; and establish and maintain ongoing partnerships between the local educational agency, business and industry, and institutions of higher education, or postsecondary vocational institutions, including local government. Requires the local plan for career and technical education programs to describe: (1) how the eligible recipient of assistance will assess local needs related to career and technical education as part of the local plan development process, and (2) how this needs assessment will be updated annually, especially on progress toward specific elements leading to high-quality implementation of career and technical education programs of study. Authorizes the local use of funds for improving such programs to support career academies. | {"src": "billsum_train", "title": "Educating Tomorrow's Workforce Act of 2014"} | 2,226 | 303 | 0.636365 | 2.009055 | 0.842416 | 4.759398 | 7.759398 | 0.924812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Handgun Injury Prevention
Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) In the 10 years from 1987 through 1996, nearly 2,200
children in the United States who were 14 years of age or
younger died from unintentional shootings, and in 1996 alone,
138 children were shot and killed unintentionally, which is an
average of 11 children every month, or 1 child every third day,
according to the National Center for Health Statistics.
(2) The United States leads the industrialized world in the
rates of children lost to unintentional firearms-related
deaths. A 1997 study from the Centers for Disease Control and
Prevention found that for unintentional firearms-related deaths
for children under the age of 15, the rate in the United States
was 9 times greater than in 25 other industrialized countries
combined.
(3) While the number of unintentional deaths from firearms
is an unacceptable toll on the children of the United States,
nearly 8 times that number are treated annually in hospital
emergency rooms in the United States for nonfatal unintentional
gunshot wounds, according to an article in the June 12, 1996,
issue of the Journal of the American Medical Association.
(4) In the June 12, 1987, issue of the Journal of the
American Medical Association, a study of unintentional firearms
deaths among children in California found that unintentional
gunshot wounds most often involve handguns.
(5) A study in the December 1995 issue of the Archives of
Pediatric and Adolescent Medicine found that children as young
as 3 years old are strong enough to fire most commercially
available handguns. The study found that 25 percent of 3- to 4-
year-olds and 70 percent of 5- to 6-year-olds had sufficient
finger strength to fire 59 (or 92 percent) of the 64 commonly
available handguns examined in the study.
(6) Currently, firearms are the only products manufactured
in the United States that are not subject to minimum safety
standards.
(7) A 1997 public opinion poll conducted by the National
Opinion Research Center at the University of Chicago in
conjunction with the Johns Hopkins Center for Gun Policy and
Research found that 74 percent of the people of the United
States support safety regulation of the firearms industry.
(8) Firearms, their component parts, and safety locks
designed to prevent firearms from accidentally discharging, all
move in interstate commerce.
(9) Many currently available trigger locks and other
similar devices are inadequate to prevent the accidental
discharge of the firearms to which they are attached, or to
prevent children from gaining access to the firearms.
SEC. 3. REGULATION OF HANDGUN DISCHARGE PROTECTION PRODUCTS.
(a) General Authority.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall prescribe such regulations
governing the design, manufacture, and performance of, and commerce in,
handgun discharge protection products, as are necessary to reduce or
prevent unreasonable risk of injury to children from the unintentional
discharge of handguns.
(b) Minimum Safety Standard.--The regulations required by
subsection (a) shall, at a minimum, set forth a minimum safety standard
that a handgun discharge protection product must meet in order to be
manufactured, sold, transferred, or delivered consistent with this Act.
In developing the standard, the Secretary shall give appropriate
consideration to handgun discharge protection products that are not
detachable, but are permanently installed and incorporated into the
design of a handgun. The standard shall include provisions to ensure
that any handgun discharge protection product that meets the standard
is of adequate quality and construction to prevent children from
operating a handgun, and to ensure that such a product cannot be
removed from a handgun except through the use of a key, combination, or
other method of access made possible by the manufacturer of the
product.
(c) Use of Poison Packaging Prevention Standards Test Protocols.--
In developing the standard required by subsection (b), the Secretary
shall consider using test protocols described in section 1700.20 of
title 16, Code of Federal Regulations, (in effect as of January 1,
1998), related to poison prevention packaging standards.
(d) Deadline for Issuance of Standard.--Within 12 months after the
date of the enactment of this Act, the Secretary shall issue in final
form the standard required by subsection (b).
(e) Effective Date of Standard.--The standard issued under
subsection (b) shall take effect 6 months after the date of issuance.
SEC. 4. ORDERS; INSPECTIONS.
(a) In General.--The Secretary may issue an order prohibiting the
manufacture, sale, transfer, or delivery of a handgun discharge
protection product which the Secretary finds has been designed, or has
been or is intended to be manufactured, transferred, or distributed in
violation of this Act or a regulation prescribed under this Act.
(b) Authority To Require the Recall, Repair, or Replacement of, or
the Provision of Refunds.--The Secretary may issue an order requiring
the manufacturer of, and any dealer in, a handgun discharge protection
product which the Secretary finds has been designed, manufactured,
transferred, or delivered in violation of this Act or a regulation
prescribed under this Act, to--
(1) provide notice of the risks associated with the
product, and of how to avoid or reduce the risks, to--
(A) the public;
(B) in the case of the manufacturer of the product,
each dealer in the product; and
(C) in the case of a dealer in the product, the
manufacturer of the product and the other persons known
to the dealer as dealers in the product;
(2) bring the product into conformity with the regulations
prescribed under this Act;
(3) repair the product;
(4) replace the product with a like or equivalent product
which is in compliance with such regulations;
(5) refund the purchase price of the product, or, if the
product is more than 1 year old, a lesser amount based on the
value of the product after reasonable use;
(6) recall the product from the stream of commerce; or
(7) submit to the Secretary a satisfactory plan for
implementation of any action required under this subsection.
(c) Inspections.--In order to ascertain compliance with this Act
and the regulations and orders issued under this Act, the Secretary
may, at reasonable times--
(1) enter any place in which handgun discharge protection
products are manufactured, stored, or held, for distribution in
commerce, and inspect those areas where the products are
manufactured, stored, or held; and
(2) enter and inspect any conveyance being used to
transport for commercial purposes a handgun discharge
protection product.
SEC. 5. UNLAWFUL ACTS.
(a) In General.--Beginning 30 days after a final standard issued
under section 3(b) takes effect, it shall be unlawful--
(1) for any licensed manufacturer or licensed importer to
sell, transfer, or deliver to any person any handgun without a
handgun discharge protection product that meets the standard;
and
(2) for any licensed dealer to sell, transfer, or deliver
to any person any handgun without the handgun discharge
protection product supplied to the dealer by the licensed
manufacturer or importer.
(b) Exception.--Subsection (a) shall not apply to the sale,
transfer, or delivery of a handgun to a department or agency of the
Federal Government or of any State government or political subdivision
of a State.
SEC. 6. WARNING LABELS FOR HANDGUNS.
(a) Inclusion of Warning Labels In Handgun Packaging.--
(1) In general.--A licensed manufacturer, licensed
importer, or licensed dealer shall not sell, transfer, or
deliver a handgun with accompanying packaging or other
descriptive materials, unless the warning label described in
paragraph (2) is displayed on the principal display panel of
the packaging and on the materials.
(2) Warning label.--
(A) Content.--The warning label referred to in
paragraph (1) is a label that, in conspicuous and
legible type, contains the following statement:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
``Children are attracted to and can operate handguns, which can
cause severe injuries or death.
``Prevent child access by always keeping handguns locked away and
unloaded.''.
(B) Appearance.--The statement required by
subparagraph (A) shall, by typography, layout, or
color, be in contrast with other printed matter on the
package or descriptive materials, in a manner similar
to that described in section 1500.121 of title 16, Code
of Federal Regulations (in effect as of January 1,
1998).
(b) Affixation of Warning Label to Handgun Transferred Without
Packaging.--A licensed manufacturer, licensed importer, or licensed
dealer shall not sell, transfer, or deliver a handgun without
accompanying packaging or other descriptive materials, unless the label
described in subsection (a)(2)(A) is affixed to the handgun by a method
to be prescribed by rule by the Secretary.
(c) Effective Date.--This section shall take effect 60 days after
the date of the enactment of this Act.
SEC. 7. REPORTING REQUIREMENTS.
Each licensed manufacturer, licensed importer, and licensed dealer
shall report to the Secretary any information obtained by the
manufacturer, importer, or dealer which reasonably supports the
conclusion that--
(1) a child has suffered an unintentional or self-inflicted
gunshot wound inflicted through the use of a handgun that was
sold, transferred, or delivered by the manufacturer, importer,
or dealer after the effective date of this Act; and
(2) as a result, the individual died, suffered serious
injury, or was treated for an injury by a medical professional.
SEC. 8. ENFORCEMENT.
(a) Civil Penalties.--The Secretary may assess a civil money
penalty not to exceed $10,000 for each violation of this Act.
(b) Revocation of Federal Firearms License.--Section 923(e) of
title 18, United States Code, is amended by inserting after the 2nd
sentence the following: ``The Secretary may, after notice and
opportunity for hearing, revoke any license issued under this section
if the holder of the license violates any provision of the Child
Handgun Injury Prevention Act or any rule or regulation prescribed
under such Act.''.
(c) Private Cause of Action.--
(1) In general.--Any person aggrieved by any violation of
this Act or of any regulation prescribed or order issued under
this Act by another person may bring an action against such
other person in any United States district court for damages,
including consequential damages. In any action under this
subsection, the court, in its discretion, may award to a
prevailing plaintiff a reasonable attorney's fee as part of the
costs.
(2) Rule of interpretation.--The remedy provided for in
paragraph (1) shall be in addition to any other remedy provided
by common law or under Federal or State law.
(d) Private Enforcement of This Act.--Any interested person may
bring an action in any United States district court to enforce this
Act, or restrain any violation of this Act or of any regulation
prescribed or order issued under this Act. In any action under this
subsection, the court, in its discretion, may award to a prevailing
plaintiff a reasonable attorney's fee as part of the costs.
(e) Effect on Private Remedies.--
(1) Irrelevancy of compliance with this act.--Compliance
with this Act or any order issued or regulation prescribed
under this Act shall not relieve any person from liability to
any person under common law or State statutory law.
(2) Irrelevancy of failure to take action under this act.--
The failure of the Secretary to take any action authorized
under this Act shall not be admissible in litigation relating
to the product under common law or State statutory law.
(f) Criminal Penalties.--Any person who has received from the
Secretary a notice that the person has violated a provision of this Act
or of a regulation prescribed under this Act with respect to a handgun
discharge protection product, and who subsequently knowingly violates
such provision with respect to the product shall be fined under title
18, United States Code, imprisoned not more than 2 years, or both.
SEC. 9. NO EFFECT ON STATE LAW.
This Act does not annul, alter, impair, or affect, or exempt any
person subject to the provisions of this Act from complying with, any
provision of the law of any State or any political subdivision thereof,
except to the extent that such provisions of State law are inconsistent
with any provision of this Act, and then only to the extent of the
inconsistency. A provision of State law is not inconsistent with this
Act if such provision affords greater protection to children in respect
of handguns than is afforded by this Act.
SEC. 10. DEFINITIONS.
In this Act:
(1) The term ``handgun discharge protection product'' means
any device (including a handgun) that is designed,
manufactured, or represented in commerce, as useful in
protecting children from injury from the unintentional
discharge of a handgun.
(2) The term ``children'' means individuals who have not
attained 18 years of age.
(3) The terms ``licensed importer'', ``licensed
manufacturer'', ``licensed dealer'', ``Secretary'', and
``handgun'' have the meanings given in paragraphs (9), (10),
(11), (18), and (29), respectively, of section 921(a) of title
18, United States Code. | Child Handgun Injury Prevention Act - Directs the Secretary of the Treasury to prescribe regulations governing the design, manufacture, performance of, and commerce in, handgun discharge protection products to reduce or prevent unreasonable risk of injury to children from the unintentional discharge of handguns. Requires a minimum safety standard that ensures that such a product: (1) is of adequate quality and construction to prevent children from operating a handgun; and (2) cannot be removed except through the use of a key, combination, or other method of access made possible by the manufacturer. Directs the Secretary to: (1) consider products that are not detachable but are permanently installed and incorporated into the design of a handgun; and (2) consider using test protocols relating to poison prevention packaging standards.Authorizes the Secretary to: (1) require the manufacturer to recall, repair, replace, or provide refunds with respect to, a handgun discharge protection device which has been designed, manufactured, transferred, or delivered in violation of this Act; and (2) make inspections to ascertain compliance.Prohibits: (1) a licensed manufacturer or importer from selling, transferring, or delivering to any person any handgun without a product that meets the standard; and (2) a licensed dealer from selling, transferring, or delivering to any person any handgun without the product supplied to the dealer by the licensed manufacturer or importer. Makes exceptions for Federal, state, and local governments.Requires warning labels for handguns. Provides for enforcement of this Act through civil penalties, firearms license revocation, a private right of action, and criminal penalties.Allows State law to afford greater protection to children regarding handguns than is afforded by this Act. | {"src": "billsum_train", "title": "To prevent children from injuring themselves with handguns."} | 3,011 | 379 | 0.421465 | 1.455282 | 0.627632 | 4.42378 | 8.54878 | 0.92378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teenage Pregnancy Reduction Act of
1997''.
SEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF ADOLESCENT
PREGNANCY.
(a) In General.--The Secretary of Health and Human Services shall
(directly or through grants or contracts awarded to public or nonprofit
private entities) arrange for the evaluation of a wide variety of
existing programs designed in whole or part to prevent pregnancy in
adolescents, including programs that do not receive grants from the
Federal Government for the operation of the programs. The purpose of
the evaluation shall be the determination of--
(1) the effectiveness of such programs in reducing
adolescent pregnancy;
(2) the factors contributing to the effectiveness of the
programs; and
(3) the feasibility of replicating the programs in other
locations.
(b) Participation of Federal Agencies and Private Organizations.--
In carrying out the evaluation under subsection (a), the Secretary
shall as appropriate--
(1) provide for the participation of the Director of the
Centers for Disease Control and Prevention, the Director of the
Office of Population Affairs, the Assistant Secretary for
Children and Families, and the Director of the National
Institute of Child Health and Human Development; and
(2) provide for the participation of organizations with
demonstrated expertise in conducting evaluations of adolescent
pregnancy prevention programs, including the National Campaign
to Prevent Teen Pregnancy, a nonpartisan organization.
(c) Design of Evaluation.--Subject to subsection (d), the Secretary
shall select a design for the evaluation under subsection (a) from
among proposals that--
(1) provide for the evaluation of programs in various
geographic regions;
(2) with respect to the populations served by the programs,
provide for determining factors that are specific to various
socioeconomic, racial, ethnic, and age groups, and factors that
are specific to gender; and
(3) meet such other criteria as the Secretary may
establish.
(d) Measures of Effectiveness.--The Secretary shall define the
measures of effectiveness used in evaluating the programs designed to
reduce the rate of adolescent pregnancy, and shall include a variety of
measures of effectiveness in the definition.
(e) Scientific Peer Review.--The Secretary may provide funds for an
evaluation pursuant to subsection (a) only if the evaluation has been
recommended for approval pursuant to a process of scientific peer
review utilizing one or more panels of experts. Such panels shall
include experts from public entities and from private entities.
(f) Submission of Report to Congress and Secretary.--Not later than
December 1, 2002, the evaluation under subsection (a) shall be
completed and a report shall be submitted to the Congress that
describes the findings made in the evaluation and provides
recommendations for future programs designed to reduce the rate of
adolescent pregnancy.
(g) Dissemination of Information.--After the submission of the
report under subsection (f), the Secretary shall disseminate the
findings and recommendations presented in the report. The categories of
individuals to whom the information is disseminated shall include
administrators of prevention programs, public and private entities
providing financial support to such programs, organizations working on
such programs, professional medical associations, entities providing
public health services, entities providing social work services, and
school administrators.
(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $3,500,000
for each of the fiscal years 1998 through 2000, and such sums as may be
necessary for each of the fiscal years 2001 through 2003.
SEC. 3. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS.
(a) In General.--In the case of a prevention program that pursuant
to the evaluation under section 2 has been found to be effective, the
Secretary may under this section make not more than one grant to the
entity that operates the program. The purpose of the grant shall be to
assist the entity with the expenses of operating the program.
(b) Authorization of Appropriations.--For carrying out subsection
(a), there is authorized to be appropriated $10,000,000, in the
aggregate, for the fiscal years 2002 through 2004. Such authorization
is in addition to any other authorization of appropriations that is
available for making grants for the operational expenses of prevention
programs.
SEC. 4. DEFINITIONS.
(a) Prevention Programs.--
(1) Rule of construction.--The provisions of this Act apply
with respect to a prevention program without regard to which of
the various programmatic approaches for the prevention of
pregnancy in adolescents (as defined in paragraph (2)) is the
focus of the program.
(2) Programmatic approaches.--For purposes of this Act, the
term ``programmatic approaches'', with respect to prevention
programs, includes advocating abstinence from sexual activity;
providing family planning services (including contraception);
fostering academic achievement; mentoring by adults; providing
employment assistance or job training; providing professional
counseling or peer counseling; providing for recreational or
social events; and any combination thereof.
(b) Other Definitions.--For purposes of this Act:
(1) The term ``prevention program'' means a program for the
prevention of pregnancy in adolescents.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services. | Teenage Pregnancy Reduction Act of 1997 - Mandates evaluation (directly or through grants or contracts) of a wide variety of existing promising programs to prevent adolescent pregnancy, including programs that do not receive Federal grants. Mandates scientific peer review of evaluation proposals. Authorizes appropriations.
Authorizes appropriations.
Authorizes an operating grant to a program found (by the evaluation under this Act) to be effective. Authorizes appropriations. | {"src": "billsum_train", "title": "Teenage Pregnancy Reduction Act of 1997"} | 1,148 | 106 | 0.615611 | 1.501475 | 0.679623 | 2.580247 | 13.246914 | 0.876543 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clinical Research Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Strong academic health centers are essential to a
vigorous clinical research enterprise.
(2) Breakthroughs in basic biomedical sciences over the
past 5 decades have provided an unprecedented supply of
information for improving human health and preventing disease.
(3) Translating the information gained through these basic
discoveries into knowledge that will impact clinical practice
and ultimately human health requires strong clinical research
institutions.
(4) Without a sound infrastructure to accomplish this
translation in a systematic and coherent way, the sum of data
and information produced by the basic science enterprise will
not result in tangible public benefit.
(5) The clinical research environment is increasingly
encumbered by facility decay, incompatible databases, shortage
of qualified investigators, rising costs, inadequate funding,
and mounting unreimbursed regulatory burdens such as human
subject research protections and additional record-keeping
requirements under the Health Insurance Portability and
Accountability Act of 1996.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Institutes of Health.
(2) Eligible academic health center.--The term ``eligible
academic health center'' means--
(A) an academic institution that receives an annual
average of not less than $20,000,000 in grant funds
from the Department of Defense, the Department of
Veterans Affairs, and the Department of Health and
Human Services for basic, applied, or clinical
biomedical or behavioral research in the fields of
dentistry, medicine, and nursing; or
(B) a consortium of such academic institutions.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. CLINICAL RESEARCH SUPPORT GRANTS.
(a) Authorization.--For the purposes described in subsection (b),
the Director shall award a clinical research support grant in the
amount determined under subsection (c) to each eligible academic health
center that submits an application in accordance with this section.
(b) Purpose.--A funding agreement for a grant under this section is
that the eligible academic health center involved will use the grant
only for the following purposes:
(1) To defray the costs of unfunded Federal requirements
for the protection of human research subjects, including the
costs of complying with the Health Insurance Portability and
Accountability Act of 1996 (Pub. Law 104-191) and maintaining
institutional review boards.
(2) To support activities leading to innovative ways to
meet the requirements described in paragraph (1) in an
efficient and cost effective manner.
(c) Allocation.--Of the amount appropriated to carry out this
section for a fiscal year, the Director shall allocate such
appropriated amount among the eligible academic health centers
receiving a grant under this section in an amount that bears the same
relation to such appropriated amount as the investment in clinical
research of the grantee involved bears to the total investment in
clinical research of all grantees under this section.
(d) Applications.--To be eligible for a grant under this section,
an eligible academic health center shall submit an application to the
Director in such manner, at such time, and containing such information
and assurances as the Director may require.
(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $40,000,000 for each of the
fiscal years 2005 through 2009.
SEC. 5. CLINICAL RESEARCH INFRASTRUCTURE GRANTS.
(a) Authorization.--The Director may award clinical research
infrastructure grants on a competitive basis to eligible academic
health centers.
(b) Use of Funds.--The Director may not award a grant to an
eligible academic health center under this section unless the center
agrees to use the grant only for the following:
(1) Infrastructure that is necessary to facilitate the
transfer of new understandings of disease mechanisms gained in
the laboratory into the development of new methodologies for
diagnosis, therapy, and prevention.
(2) The initial testing of human subjects.
(3) Addressing the many obstacles impeding the expeditious
application of new science, such as--
(A) a lack of up-to-date information technology
systems;
(B) incompatible databases;
(C) the need for training and mentoring required
for increasing the supply of qualified clinical
investigators; and
(D) a shortage of willing participants.
(c) Applications.--To be eligible for a grant under this section,
an eligible academic health center shall submit an application to the
Director in such manner, at such time, and containing such information
and assurances as the Director may require.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $125,000,000 for each of fiscal
years 2005 through 2009.
SEC. 6. DEMONSTRATION PROGRAM ON PARTNERSHIPS IN CLINICAL RESEARCH.
(a) Grants.--The Secretary may award grants to not more than 5
eligible academic health centers to form partnerships between the
center involved and health care providers for carrying out clinical
human subject research for the purpose of demonstrating how academic
research centers may collaborate with the practicing health care
community in such research.
(b) Maximum Amount.--The Secretary may not award a grant to any
eligible academic health center under this section in an amount that is
greater than $5,000,000.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for the period of
fiscal years 2005 through 2009. | Clinical Research Act of 2004 - Requires the Director of the National Institutes of Health to award clinical research support grants to eligible academic health centers to: (1) defray the costs of unfunded Federal requirements for the protection of human research costs; and (2) support activities leading to innovative ways to meets such requirements in an efficient and cost-effective manner. Requires that health centers receive a proportionate share of the total grant money awarded based on the amount invested by the grantee in clinical research compared to the total clinical research investment of all grantees.
Allows the Director to award clinical research infrastructure grants to eligible academic health centers for: (1) necessary infrastructure to facilitate the transfer of new understandings of disease mechanisms gained in the laboratory into the development of new methodologies for diagnosis, therapy, and prevention; (2) the initial testing of human subjects; and (3) addressing obstacles impeding the expeditious application of new science, including a lack of up-to-date information technology systems and a shortage of willing participants.
Allows the Secretary of Health and Human Services to make up to five grants to eligible academic health centers to form partnerships between the centers involved and health care providers for carrying out clinical human subject research to demonstrate how academic research centers may collaborate with the practicing health care community in such research. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide for clinical research support grants, clinical research infrastructure grants, and a demonstration program on partnerships in clinical research, and for other purposes."} | 1,213 | 273 | 0.598594 | 1.930646 | 0.901285 | 4.669291 | 4.448819 | 0.944882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Advanced Technologies for
Efficient Resource Use Act of 2015''.
SEC. 2. WATERSENSE.
(a) In General.--There is established within the Environmental
Protection Agency a WaterSense program to identify and promote water
efficient products, buildings and landscapes, and services in order--
(1) to reduce water use;
(2) to reduce the strain on water, wastewater, and
stormwater infrastructure;
(3) to conserve energy used to pump, heat, transport, and
treat water; and
(4) to preserve water resources for future generations,
through voluntary labeling of, or other forms of communications about,
products, buildings and landscapes, and services that meet the highest
water efficiency and performance standards.
(b) Duties.--The Administrator of the Environmental Protection
Agency shall--
(1) promote WaterSense labeled products, buildings and
landscapes, and services in the market place as the preferred
technologies and services for--
(A) reducing water use; and
(B) ensuring product and service performance;
(2) work to enhance public awareness of the WaterSense
label through public outreach, education, water recycling and
reuse technology research and development, and other means;
(3) establish and maintain performance standards so that
products, buildings and landscapes, and services labeled with
the WaterSense label perform as well or better than their less
efficient counterparts;
(4) publicize the importance of proper installation of
WaterSense plumbing products by a WaterSense-certified or, if
WaterSense certification guidelines do not exist, licensed
plumber or mechanical contractor, and the installation,
maintenance, and audit of WaterSense irrigation systems by a
WaterSense-certified irrigation professional to ensure optimal
performance;
(5) preserve the integrity of the WaterSense label;
(6) regularly review and, when appropriate, update
WaterSense criteria for categories of products, buildings and
landscapes, and services, at least once every four years;
(7) to the maximum extent practicable, regularly collect
and make available to the public summary data on the production
and relative market shares of WaterSense labeled products,
buildings and landscapes, and services, at least annually;
(8) to the maximum extent practicable, regularly estimate
and make available to the public the water and energy savings
attributable to the use of WaterSense labeled products,
buildings and landscapes, and services, at least annually;
(9) solicit comments from interested parties and the public
prior to establishing or revising a WaterSense category,
specification, installation criterion, or other criterion (or
prior to effective dates for any such category, specification,
installation criterion, or other criterion);
(10) provide reasonable notice to interested parties and
the public of any changes (including effective dates), on the
adoption of a new or revised category, specification,
installation criterion, or other criterion, along with--
(A) an explanation of changes; and
(B) as appropriate, responses to comments submitted
by interested parties;
(11) provide appropriate lead time (as determined by the
Administrator) prior to the applicable effective date for a new
or significant revision to a category, specification,
installation criterion, or other criterion, taking into account
the timing requirements of the manufacturing, marketing,
training, and distribution process for the specific product,
building and landscape, or service category addressed; and
(12) identify and, where appropriate, implement other
voluntary approaches, such as labeling waterless devices that
perform the same function as a water consuming product or
encouraging reuse, reclamation, and recycling technologies, in
commercial, institutional, residential, municipal, and
industrial sectors to improve water efficiency or lower water
use while meeting the performance standards established under
paragraph (3).
(c) Authorization of Appropriations.--There are authorized to be
appropriated $7,500,000 for fiscal year 2016, $10,000,000 for fiscal
year 2017, $20,000,000 for fiscal year 2018, and $50,000,000 for fiscal
year 2019 and each year thereafter, adjusted for inflation, to carry
out this section.
SEC. 3. FEDERAL PROCUREMENT OF WATER EFFICIENT PRODUCTS.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 7902(a) of title 5, United States Code.
(2) Watersense product or service.--The term ``WaterSense
product or service'' means a product or service that is rated
for water efficiency under the WaterSense program.
(3) Watersense program.--The term ``WaterSense program''
means the program established by section 2 of this Act.
(4) FEMP designated product.--The term ``FEMP designated
product'' means a product that is designated under the Federal
Energy Management Program of the Department of Energy as being
among the highest 25 percent of equivalent products for
efficiency.
(5) Product and service.--The terms ``product'' and
``service'' do not include any water consuming product or
service designed or procured for combat or combat-related
missions. The terms also exclude products or services already
covered by the Federal procurement regulations established
under section 553 of the National Energy Conservation Policy
Act (42 U.S.C. 8259b).
(b) Procurement of Water Efficient Products.--
(1) Requirement.--To meet the requirements of an agency for
a water consuming product or service, the head of the agency
shall, except as provided in paragraph (2), procure--
(A) a WaterSense product or service; or
(B) a FEMP designated product.
A WaterSense plumbing product should preferably, when possible,
be installed by a WaterSense-certified or, if WaterSense
certification guidelines do not exist, licensed plumber or
mechanical contractor, and a WaterSense irrigation system
should preferably, when possible, be installed, maintained, and
audited by a WaterSense-certified irrigation professional to
ensure optimal performance.
(2) Exceptions.--The head of an agency is not required to
procure a WaterSense product or service or FEMP designated
product under paragraph (1) if the head of the agency finds in
writing that--
(A) a WaterSense product or service or FEMP
designated product is not cost-effective over the life
of the product, taking current and future energy,
water, and wastewater cost savings into account; or
(B) no WaterSense product or service or FEMP
designated product is reasonably available that meets
the functional requirements of the agency.
(3) Procurement planning.--The head of an agency shall
incorporate into the specifications for all procurements
involving water consuming products and systems, including guide
specifications, project specifications, and construction,
renovation, and services contracts that include provision of
water consuming products and systems, and into the factors for
the evaluation of offers received for the procurement, criteria
used for rating WaterSense products and services and FEMP
designated products. The head of an agency shall consider, to
the maximum extent practicable, additional measures for
reducing agency water consumption, including water reuse,
reclamation, and recycling technologies, leak detection and
repair, and use of waterless products that perform similar
functions to existing water-consuming products.
(c) Listing of Water Efficient Products in Federal Catalogs.--
WaterSense products and services and FEMP designated products shall be
clearly identified and prominently displayed in any inventory or
listing of products by the General Services Administration or the
Defense Logistics Agency. The General Services Administration and the
Defense Logistics Agency shall supply only WaterSense products or FEMP
designated products for all product categories covered by the
WaterSense program or the Federal Energy Management Program, except in
cases where the agency ordering a product specifies in writing that no
WaterSense product or FEMP designated product is available to meet the
buyer's functional requirements, or that no WaterSense product or FEMP
designated product is cost-effective for the intended application over
the life of the product, taking energy, water, and wastewater cost
savings into account.
(d) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall issue regulations to carry out this section.
SEC. 4. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means a
State government, local or county government, tribal
government, wastewater or sewage utility, municipal water
authority, energy utility, water utility, or nonprofit
organization that meets the requirements of subsection (b).
(3) Incentive program.--The term ``incentive program''
means a program for administering financial incentives for
consumer purchase and installation of residential water
efficient products and services as described in subsection
(b)(1).
(4) Residential water efficient product or service.--
(A) In general.--The term ``residential water
efficient product or service'' means a product or
service for a single-family or multifamily residence or
its landscape that is rated for water efficiency and
performance--
(i) by the WaterSense program; or
(ii) by an incentive program and approved
by the Administrator.
Categories of water efficient products and services may
include faucets, irrigation technologies and services,
point-of-use water treatment devices, reuse,
reclamation, and recycling technologies, toilets, and
showerheads.
(B) Third-party certification.--A product shall not
be treated as a residential water efficient product
until after the product--
(i) is tested by an accredited third-party
certifying body or laboratory in accordance
with the WaterSense program;
(ii) is certified by such body or
laboratory as meeting the performance and
efficiency requirements of such program; and
(iii) is authorized by such program to use
its label.
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(6) Watersense program.--The term ``WaterSense program''
means the program established by section 2 of this Act.
(b) Eligible Entities.--An entity shall be eligible to receive an
allocation under subsection (c) if the entity--
(1) establishes (or has established) an incentive program
to provide rebates, vouchers, other financial incentives, or
direct installs to consumers for the purchase and installation
of residential water efficient products or services;
(2) submits an application for the allocation at such time,
in such form, and containing such information as the
Administrator may require; and
(3) provides assurances satisfactory to the Administrator
that the entity will use the allocation to supplement, but not
supplant, funds made available to carry out the incentive
program.
(c) Amount of Allocations.--For each fiscal year, the Administrator
shall determine the amount to allocate to each eligible entity to carry
out subsection (d) taking into consideration--
(1) the population served by the eligible entity in the
most recent calendar year for which data are available;
(2) the targeted population of the eligible entity's
incentive program, such as general households, low-income
households, or first-time homeowners, and the probable
effectiveness of the incentive program for that population;
(3) for existing programs, the effectiveness of the
incentive program in encouraging the adoption of water
efficient products and services; and
(4) any prior year's allocation to the eligible entity that
remains unused.
(d) Use of Allocated Funds.--Funds allocated to an entity under
subsection (c) may be used to pay up to 50 percent of the cost of
establishing and carrying out an incentive program.
(e) Fixture Recycling.--Entities are encouraged to promote or
implement fixture recycling programs to manage the disposal of older
fixtures replaced due to the incentive program under this section.
(f) Issuance of Rebates.--Financial incentives may be provided to
consumers that meet the requirements of the incentive program. The
entity may issue all financial incentives directly to consumers or,
with approval of the Administrator, delegate some or all financial
incentive administration to other organizations including, but not
limited to, local governments, municipal water authorities, and water
utilities. The amount of a financial incentive shall be determined by
the entity, taking into consideration--
(1) the amount of the allocation to the entity under
subsection (c);
(2) the amount of any Federal, State, or other
organization's tax or financial incentive available for the
purchase of the residential water efficient product or service;
(3) the amount necessary to change consumer behavior to
purchase water efficient products and services; and
(4) the consumer expenditures for onsite preparation,
assembly, and original installation of the product.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section $50,000,000
for fiscal year 2016, $100,000,000 for fiscal year 2017, $150,000,000
for fiscal year 2018, $100,000,000 for fiscal year 2019, and
$50,000,000 for fiscal year 2020.
SEC. 5. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting before section
140 the following new section:
``SEC. 139F. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS.
``(a) In General.--In the case of an individual, gross income does
not include any amount received under an incentive program under
section 4 of the Water Advanced Technologies for Efficient Resource Use
Act of 2015.
``(b) Denial of Double Benefit.--Notwithstanding any other
provision of this subtitle, no deduction or credit shall be allowed
for, or by reason of, any expenditure to the extent of the amount
excluded under subsection (a) for any amount which was provided with
respect to such expenditure. The adjusted basis of any property shall
be reduced by the amount excluded under subsection (a) which was
provided with respect to such property.''.
(b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting before
the item relating to section 140 the following new item:
``Sec. 139F. Early adopter water efficient products incentive
programs.''.
(c) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after the date of the enactment of this Act. | Water Advanced Technologies for Efficient Resource Use Act of 2015 This bill codifies the Environmental Protection Agency's (EPA) WaterSense program, which identifies, labels, and promotes water efficient products, buildings, landscapes, and services. This bill also establishes a program to provide financial incentives for consumers to purchase and install residential water efficient products and services labeled under the WaterSense program. In order to meet procurement requirements for a water consuming product or service, federal agencies must purchase a WaterSense product or service, or a Federal Energy Management Program designated product. Agencies do not have to procure those products or services if they are not cost-effective, or not reasonably available. The bill amends the Internal Revenue Code to exclude from the gross income of individual taxpayers any amount received under an incentive program for the purchase and installation of residential water efficient products and services. | {"src": "billsum_train", "title": "Water Advanced Technologies for Efficient Resource Use Act of 2015"} | 3,173 | 188 | 0.570245 | 1.750555 | 0.729415 | 2.91358 | 18.351852 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Congress Act of 1995''.
SEC. 2. BAN ON CONTRIBUTIONS TO CANDIDATES IN ELECTIONS FOR FEDERAL
OFFICE BY PERSONS OTHER THAN INDIVIDUALS AND POLITICAL
PARTY COMMITTEES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``ban on contributions to candidates by persons other than individuals
and political party committees
``Sec. 323. Notwithstanding any other provision of this Act, no
person other than an individual or a political committee of a political
party may make contributions to any candidate and the authorized
political committees of such candidate with respect to any election for
Federal office.''.
SEC. 3. CONGRESSIONAL ELECTION BAN ON CONTRIBUTIONS FROM PERSONS OTHER
THAN POLITICAL PARTY COMMITTEES AND IN-STATE INDIVIDUAL
RESIDENTS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), is amended by adding at the end the following new subsection:
``(i)(1) A candidate for the office of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress may not
accept contributions from persons other than political committees of
political parties and in-State individual residents.
``(2) As used in this subsection, the term `in-State individual
resident' means an individual who resides in the State in which the
election is held.''.
SEC. 4. ELIMINATION OF MULTICANDIDATE POLITICAL COMMITTEES AS A
SEPARATE CATEGORY OF POLITICAL COMMITTEE FOR CONTRIBUTION
LIMITATION PURPOSES.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended--
(1) by striking out paragraph (2);
(2) by redesignating paragraphs (3) through (8) as
paragraphs (2) through (7), respectively;
(3) in the first sentence of paragraph (3), as so
redesignated by paragraph (2) of this section, by striking out
``paragraphs (1) and (2)'' and inserting in lieu thereof
``paragraph (1)'';
(4) by striking out the second sentence of paragraph (3),
as so redesignated by paragraph (2) of this section;
(5) in paragraph (4), as so redesignated by paragraph (2)
of this section, by striking out ``paragraph (2)'' each place
it appears; and
(6) in paragraph (5), as so redesignated by paragraph (2)
of this section, by striking out ``paragraphs (1) and (2)'' and
inserting in lieu thereof ``paragraph (1)''.
SEC. 5. LIMITATION ON PERSONAL LOANS BY CANDIDATES FOR FEDERAL OFFICE
TO THEIR CAMPAIGNS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 2, is further amended by adding at the end
the following new subsection:
``(j) A candidate for Federal office may not, with respect to an
election, make personal loans to the authorized committees of the
candidate that total more than $5,000.''.
SEC. 6. EXTENSION OF BAN ON FRANKED MASS MAILINGS BY MEMBERS OF
CONGRESS FROM 60 DAYS TO 90 DAYS BEFORE AN ELECTION.
Section 3210(a)(6)(A) and section 3210(a)(6)(C) of title 39, United
States Code, are each amended by striking out ``60 days'' each place it
appears and inserting in lieu thereof ``90 days''.
SEC. 7. EXTENSION OF ANNUAL LIMITATION ON CONTRIBUTIONS TO ALL PERSONS
OTHER THAN POLITICAL PARTY COMMITTEES.
The first sentence of section 315(a)(3) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by striking out
``individual'' and inserting in lieu thereof ``person, other than a
political committee of a political party,''.
SEC. 8. BAN ON GIFTS TO MEMBERS, OFFICERS, AND EMPLOYEES OF THE HOUSE
OF REPRESENTATIVES.
(a) In General.--Clause 4 of rule XLIII of the Rules of the House
of Representatives is amended to read as follows:
``4. (a)(1) No Member, officer, or employee may accept a gift,
whether made directly or indirectly, from anyone.
``(2) For purposes of this rule, the following are not defined
gifts subject to the prohibition in subparagraph (1):
``(A) Gifts from a relative, including a fiancee.
``(B) A gift given by an individual which is motivated by a
personal friendship rather than the position of the Member,
officer, or employee. In determining if a gift is motivated by
a personal friendship, the history of the relationship shall be
considered and whether the gift giver personally paid for the
gift. If the gift exceeds $250, the Committee on Standards of
Official Conduct must grant a waiver.
``(C) Gifts of personal hospitality from an individual, not
a corporation or organization, for a non-business purpose on
facilities owned by that individual or the individual's family.
``(D) Anything for which the recipient pays the market
value or does not use and promptly returns to the donor.
``(E) Items of little intrinsic value.
``(F) Bequests, inheritances, and other transfers at death.
``(G) Political contributions as defined by the Federal
Election Commission and otherwise reported as required by law.
``(H) Food, lodging, transportation, and entertainment
provided on an official basis by Federal, State, and local
governments or political subdivisions thereof.
``(I) Informational materials sent to a Member's office,
including newspapers, magazines and other periodicals, books,
audio tapes, videotapes, and other forms of communication.
``(J) Nonmonetary awards, trophies, mementos, or honorary
degrees presented to a Member, officer, or employee.
``(K) Consumable products provided to a Member's office by
a home-State business which are primarily intended for
consumption by persons other than the Member or staff.
``(L) Awards and prizes given to competitors in contests or
events open to the public, including random drawings.
``(M) Opportunities and benefits which are available to the
public or to Federal employees.
``(N) Opportunities and benefits offered to members of a
group or class in which membership is unrelated to
congressional employment.
``(O) Opportunities and benefits based on outside business
or employment activities which it is clear that such
opportunities and benefits have not been offered or enhanced
because of a Member's, officer's, or employee's official
status.
``(b)(1) No Member, officer, or employee may accept payment or
reimbursement for meals or entertainment.
``(2) For purposes of this rule, the following are not meals or
entertainment subject to the prohibition in subparagraph (1):
``(A) Meals and entertainment provided by a relative,
including a fiancee.
``(B) Meals or entertainment or both from a friend, given
under circumstances which make it clear that the meal or
entertainment is provided based on a personal friendship rather
than the position of the Member, officer, or employee. Relevant
factors in making such a determination include the history of
the relationship and whether the friend personally pays for the
meal or entertainment.
``(C) Meals, food, and entertainment provided at widely
attended gatherings, including conventions, charity events,
conferences, symposiums, retreats, dinners, receptions,
viewings, or similar events if the meals, food, and
entertainment are not solicited by the Member, officer, or
employee.
``(c) No Member, officer, or employee may accept payment or
reimbursement for travel expenses (including associated transportation,
lodging, or entertainment) from anyone (including a foreign government
in a foreign country) unless such travel expenses were paid by a
relative or personal friend.''.
(b) Sanction.--Clause 4(e)(1)(B) of rule X of the Rules of the
House of Representatives is amended by inserting before the semicolon
the following: ``except that if a Member, officer, or employee violated
clause 4 of rule XLIII, such Member, officer, or employee shall be
subject to disciplinary action by the committee, including a fine of a
value not less than the value of the gift, meals, food, and
entertainment, or travel expenses received in violation of such clause
and of a value not to exceed three times the value of such gift, meals,
food, and entertainment, or travel expenses''. | Clean Congress Act of 1995 - Amends the Federal Election Campaign Act of 1971 to prohibit contributions to candidates for Federal office by persons other than individuals or political party committees.
(Sec. 3) Prohibits congressional candidates from accepting contributions from persons other than political party committees or in-State individual residents.
(Sec. 4) Eliminates multicandidate political committees as a separate political committee category for contribution limitation purposes.
(Sec. 5) Limits personal loans by candidates for Federal office to their campaigns to $5000.
(Sec. 6) Extends the ban on franked mass mailings by Members of Congress to 90 days before an election.
(Sec. 7) Extends the annual contribution limitation to all persons other than political party committees.
(Sec. 8) Establishes a ban on gifts to members, officers, and employees of the House of Representatives. Sets forth exceptions to such prohibition. | {"src": "billsum_train", "title": "Clean Congress Act of 1995"} | 2,042 | 215 | 0.57137 | 1.512153 | 0.806467 | 4.188571 | 10.297143 | 0.92 |
of Disapproval.--
(1) In general.--Notwithstanding any other provision of
this section, a certification described in subsection (a) shall
not have any effect if, within 15 calendar days after the date
on which Congress receives the certification, there is enacted
into law a joint resolution disapproving the certification.
(2) Contents of joint resolution.--For the purpose of this
subsection, the term ``joint resolution'' means only a joint
resolution--
(A) that is introduced not later than 3 calendar
days after the date on which a certification described
in subsection (a) is received by Congress;
(B) which does not have a preamble;
(C) the title of which is as follows: ``Joint
resolution disapproving the certification of the
President described in section 3(a) of the Syrian
Refugee Verification and Safety Act''; and
(D) the matter after the resolving clause of which
is as follows: ``That Congress disapproves the
certification of the President described in section
3(a) of the Syrian Refugee Verification and Safety
Act.''.
(3) Fast track consideration in house of representatives.--
(A) Reconvening.--Upon receipt of a certification
described in subsection (a), the Speaker of the House
of Representatives, if the House of Representatives
would otherwise be adjourned, shall notify the Members
of the House that, pursuant to this subsection, the
House shall convene not later than the second calendar
day after receipt of such certification.
(B) Reporting and discharge.--Any committee of the
House of Representatives to which a joint resolution
described in paragraph (2) is referred shall report it
to the House not later than 5 calendar days after the
date of receipt of the certification described in
subsection (a). If a committee fails to report the
joint resolution within that period, the committee
shall be discharged from further consideration of the
joint resolution and the joint resolution shall be
referred to the appropriate calendar.
(C) Proceeding to consideration.--After each
committee authorized to consider a joint resolution
reports it to the House or has been discharged from its
consideration, it shall be in order, not later than the
sixth day after Congress receives the certification
described in subsection (a), to move to proceed to
consider the joint resolution in the House. All points
of order against the motion are waived. Such a motion
shall not be in order after the House has disposed of a
motion to proceed on the joint resolution. The previous
question shall be considered as ordered on the motion
to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the vote
by which the motion is disposed of shall not be in
order.
(D) Consideration.--The joint resolution shall be
considered as read. All points of order against the
joint resolution and against its consideration are
waived. The previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except two hours of debate equally
divided and controlled by the proponent and an
opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
(4) Fast track consideration in senate.--
(A) Reconvening.--Upon receipt of a certification
described in subsection (a), if the Senate has
adjourned or recessed for more than 2 days, the
majority leader of the Senate, after consultation with
the minority leader of the Senate, shall notify the
Members of the Senate that, pursuant to this
subsection, the Senate shall convene not later than the
second calendar day after receipt of the certification.
(B) Placement on calendar.--Upon introduction in
the Senate, the joint resolution shall be placed
immediately on the calendar.
(C) Floor consideration.--
(i) In general.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in
order at any time during the period beginning
on the 4th day after the date on which Congress
receives a certification described in
subsection (a) and ending on the 6th day after
the date on which Congress receives a
certification described in subsection (a) (even
though a previous motion to the same effect has
been disagreed to) to move to proceed to the
consideration of the joint resolution, and all
points of order against the joint resolution
(and against consideration of the joint
resolution) are waived. The motion to proceed
is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion
to proceed to the consideration of the
resolution is agreed to, the joint resolution
shall remain the unfinished business until
disposed of.
(D) Debate.--Debate on the joint resolution, and on
all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours,
which shall be divided equally between the majority and
minority leaders or their designees. A motion further
to limit debate is in order and not debatable. An
amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a
motion to recommit the joint resolution is not in
order.
(E) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the
debate on a joint resolution, and a single quorum call
at the conclusion of the debate if requested in
accordance with the rules of the Senate.
(F) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a joint resolution
shall be decided without debate.
(5) Rules relating to senate and house of
representatives.--
(A) Coordination with action by other house.--If,
before the passage by one House of a joint resolution
of that House, that House receives from the other House
a joint resolution, then the following procedures shall
apply:
(i) The joint resolution of the other House
shall not be referred to a committee.
(ii) With respect to a joint resolution of
the House receiving the resolution--
(I) the procedure in that House
shall be the same as if no joint
resolution had been received from the
other House; but
(II) the vote on passage shall be
on the joint resolution of the other
House.
(B) Treatment of joint resolution of other house.--
If one House fails to introduce or consider a joint
resolution under this subsection, the joint resolution
of the other House shall be entitled to expedited floor
procedures under this subsection.
(C) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the
Senate then receives the companion measure from the
House of Representatives, the companion measure shall
not be debatable.
(D) Veto debate and duration.--If the President
vetoes the joint resolution, debate on a veto message
in the Senate under this subsection shall be 1 hour
equally divided between the majority and minority
leaders or their designees.
(6) Rules of house of representatives and senate.--This
paragraph and paragraphs (3), (4), and (5) are enacted by
Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
joint resolution, and it supersedes other rules only to
the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House. | Syrian Refugee Verification and Safety Act This bill declares that: (1) no alien who is a refugee because of the conflict in Syria (covered alien) may be admitted to the United States as a refugee, (2) no funds may be expended to process refugee applications for covered aliens, and (3) no funds may be expended by the Department of State or the Department of Health and Human Services to resettle covered aliens in the United States. These restrictions shall remain in effect until 30 days after the President certifies to Congress regarding: protocols and interagency coordination to adjudicate such U.S. admissions and resettlement; evaluation and review of such protocols and coordination by the Inspector General of the Intelligence Community; State Department submission to Congress of an updated Congressional Presentation Document of the Bureau of Population, Refugees, and Migration for Fiscal Year 2016 that reflects security or other risks posed by covered aliens; and a State Department briefing to Congress on the increase in covered aliens seeking refugee admission and so admitted, including information on any terrorist conduct. This certification: (1) may not be submitted to Congress before 270 days, and (2) shall not have any effect if Congress enacts into law a joint resolution of disapproval within 15 days. | {"src": "billsum_train", "title": "Syrian Refugee Verification and Safety Act"} | 1,739 | 272 | 0.540058 | 1.653393 | 0.630991 | 1.112033 | 6.79668 | 0.622407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northwest Straits Marine
Conservation Initiative Reauthorization and Expansion Act of 2008''.
SEC. 2. EXPANSION OF NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE
ACT.
The Northwest Straits Marine Conservation Initiative Act (title IV
of Public Law 105-384; 112 Stat. 3458) is amended--
(1) in section 402, by striking ``(in this title referred
to as the `Commission')''; and
(2) by striking sections 403, 404, and 405 and inserting
the following:
``SEC. 403. FINDINGS.
``Congress makes the following findings:
``(1) The marine waters and ecosystem of the Northwest
Straits in Puget Sound in the State of Washington represent a
unique resource of enormous environmental and economic value to
the people of the United States.
``(2) During the 20th century, the environmental health of
the Northwest Straits declined dramatically as indicated by
impaired water quality, declines in marine wildlife, collapse
of harvestable marine species, loss of critical marine
habitats, ocean acidification, and sea level rise.
``(3) At the start of the 21st century, the Northwest
Straits have been threatened by sea level rise, ocean
acidification, and other effects of climate change.
``(4) In 1998, the Northwest Straits Marine Conservation
Initiative Act (title IV of Public Law 105-384) was enacted to
tap the unprecedented level of citizen stewardship demonstrated
in the Northwest Straits and create a mechanism to mobilize
public support and raise capacity for local efforts to protect
and restore the ecosystem of the Northwest Straits.
``SEC. 404. DEFINITIONS.
``In this title:
``(1) Commission.--The term `Commission' means the
Northwest Straits Advisory Commission established by section
402.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(3) Northwest straits.--The term `Northwest Straits'
means the marine waters of the Strait of Juan de Fuca and of
Puget Sound from the Canadian border to the south end of
Snohomish County.
``SEC. 405. MEMBERSHIP OF THE COMMISSION.
``(a) Composition.--The Commission shall be composed of up to 14
members who shall be appointed as follows:
``(1) One member appointed by a consensus of the members of
a marine resources committee established under section 408 for
each of the following counties of the State of Washington:
``(A) San Juan County.
``(B) Island County.
``(C) Skagit County.
``(D) Whatcom County.
``(E) Snohomish County.
``(F) Clallam County.
``(G) Jefferson County.
``(2) Two members appointed by the Secretary of the
Interior in trust capacity and in consultation with the
Northwest Indian Fisheries Commission or the Indian tribes
affected by this title collectively, as the Secretary of the
Interior considers appropriate, to represent the interests of
such tribes.
``(3) One member appointed by the Governor of the State of
Washington to represent the interests of the Puget Sound
Partnership.
``(4) Four members appointed by the Governor of the State
of Washington who--
``(A) are residents of the State of Washington; and
``(B) are not employed by a Federal, State, or
local government.
``(b) Vacancies.--A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
``(c) Chairperson.--The Commission shall select a Chairperson from
among its members.
``(d) Meeting.--The Commission shall meet at the call of the
Chairperson, but not less frequently than quarterly.
``SEC. 406. GOAL AND DUTIES OF THE COMMISSION.
``(a) Goal.--The goal of the Commission is to protect and restore
the marine waters, habitats, and species of the Northwest Straits
region to achieve ecosystem health and sustainable resource use by--
``(1) designing and initiating projects that are driven by
sound science, local priorities, community-based decisions, and
the ability to measure results;
``(2) building awareness and stewardship and making
recommendations to improve the health of the Northwest Straits
marine resources;
``(3) maintaining and expanding diverse membership and
partner organizations;
``(4) expanding partnerships with governments of Indian
tribes and continuing to foster respect for tribal cultures and
treaties; and
``(5) recognizing the importance of economic and social
benefits that are dependent on marine environments and
sustainable marine resources.
``(b) Duties.--The duties of the Commission are the following:
``(1) To provide resources and technical support for marine
resources committees established under section 408.
``(2) To work with such marine resources committees and
appropriate entities of Federal and State governments and
Indian tribes to develop programs to monitor the overall health
of the marine ecosystem of the Northwest Straits.
``(3) To identify factors adversely affecting or preventing
the restoration of the health of the marine ecosystem and
coastal economies of the Northwest Straits.
``(4) To develop scientifically sound restoration and
protection recommendations, informed by local priorities, that
address such factors.
``(5) To assist in facilitating the successful
implementation of such recommendations by developing broad
support among appropriate authorities, stakeholder groups, and
local communities.
``(6) To develop and implement regional projects based on
such recommendations to protect and restore the Northwest
Straits ecosystem.
``(7) To serve as a public forum for the discussion of
policies made by a Federal, State, or local government, an
Indian tribe, or the Government of Canada and actions with
respect to the marine ecosystem of the Northwest Straits.
``(8) To inform appropriate authorities and local
communities about the marine ecosystem of the Northwest Straits
and about issues relating to the marine ecosystem of the
Northwest Straits.
``(9) To consult with all affected Indian tribes in the
region of the Northwest Straits to ensure that the work of the
Commission does not violate tribal treaty rights.
``(c) Benchmarks.--The Commission shall carry out its duties in a
manner that promotes the achieving of the benchmarks described in
subsection (f)(2).
``(d) Coordination and Collaboration.--The Commission shall carry
out the duties described in subsection (b) in coordination and
collaboration, when appropriate, with Federal, State, and local
governments and Indian tribes.
``(e) Regulatory Authority.--The Commission shall have no power to
issue regulations.
``(f) Annual Report.--
``(1) In general.--Each year, the Commission shall prepare,
submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Under
Secretary for Oceans and Atmosphere, and make available to the
public an annual report describing--
``(A) the activities carried out by the Commission
during the preceding year; and
``(B) the progress of the Commission in achieving
the benchmarks described in paragraph (2).
``(2) Benchmarks.--The benchmarks described in this
paragraph are the following:
``(A) Protection and restoration of marine,
coastal, and nearshore habitats.
``(B) Prevention of loss and achievement of a net
gain of healthy habitat areas.
``(C) Protection and restoration of marine
populations to healthy, sustainable levels.
``(D) Protection of the marine water quality of the
Northwest Straits region and restoration of the health
of marine waters.
``(E) Collection of high-quality data and promotion
of the use and dissemination of such data.
``(F) Promotion of stewardship and understanding of
Northwest Straits marine resources through education
and outreach.
``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS.
``(a) Director.--The Manager of the Shorelands and Environmental
Assistance Program of the Department of Ecology of the State of
Washington may, upon the recommendation of the Commission and the
Director of the Padilla Bay National Estuarine Research Reserve,
appoint and terminate a Director of the Commission. The employment of
the Director shall be subject to confirmation by the Commission.
``(b) Staff.--The Director may hire such other personnel as may be
appropriate to enable the Commission to perform its duties. Such
personnel shall be hired through the personnel system of the Department
of Ecology of the State of Washington.
``(c) Administrative Service.--If the Governor of the State of
Washington makes available to the Commission the administrative
services of the State of Washington Department of Ecology and Padilla
Bay National Estuarine Research Reserve, the Commission shall use such
services for employment, procurement, grant and fiscal management, and
support services necessary to carry out the duties of the Commission.
``SEC. 408. MARINE RESOURCES COMMITTEES.
``(a) In General.--The government of each of the counties referred
to in subparagraph (A) through (G) of section 405(a)(1) may establish a
marine resources committee that--
``(1) complies with the requirements of this section; and
``(2) receives from such government the mission, direction,
expert assistance, and financial resources necessary--
``(A) to address issues affecting the marine
ecosystems within its county; and
``(B) to work to achieve the benchmarks described
in section 406(f)(2).
``(b) Membership.--
``(1) In general.--Each marine resources committee
established pursuant to this section shall be composed of--
``(A) members with relevant scientific expertise;
and
``(B) members that represent balanced
representation, including representation of--
``(i) local governments, including planning
staff from counties and cities with marine
shorelines;
``(ii) affected economic interests, such as
ports and commercial fishers;
``(iii) affected recreational interests,
such as sport fishers; and
``(iv) conservation and environmental
interests.
``(2) Tribal members.--With respect to a county referred to
in subparagraph (A) through (G) of section 405(a)(1), each
Indian tribe with usual and accustomed fishing rights in the
waters of such county and each Indian tribe with reservation
lands in such county, may appoint one member to the marine
resources committee for such county. Such member may be
appointed by the respective tribal authority.
``(3) Chairperson.--
``(A) In general.--Each marine resources committee
established pursuant to this section shall select a
chairperson from among members by a majority vote of
the members of the committee.
``(B) Rotating position.--Each marine resources
committee established pursuant to this section shall
select a new chairperson at a frequency determined by
the county charter of the marine resources committee to
create a diversity of representation in the leadership
of the marine resources committee.
``(c) Duties.--The duties of a marine resources committee
established pursuant to this section are the following:
``(1) To assist in assessing marine resource problems in
concert with governmental agencies, tribes, and other entities.
``(2) To assist in identifying local implications, needs,
and strategies associated with the recovery of Puget Sound
salmon and other species in the region of the Northwest Straits
listed under the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) in coordination with Federal, State, and local
governments, Indian tribes, and other entities.
``(3) To work with other entities to enhance the scientific
baseline and monitoring program for the marine environment of
the Northwest Straits.
``(4) To identify local priorities for marine resource
conservation and develop new projects to address those needs.
``(5) To work closely with county leadership to implement
local marine conservation and restoration initiatives.
``(6) To coordinate with the Commission on marine ecosystem
objectives.
``(7) To educate the public and key constituencies
regarding the relationship between healthy marine habitats,
harvestable resources, and human activities.
``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION.
``(a) Establishment.--The Director of the Commission and the
Director of the Padilla Bay National Estuarine Research Reserve may
enter into an agreement with an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 to establish a nonprofit
foundation to support the Commission and the marine resources
committees established under section 408 in carrying out their duties
under this Act.
``(b) Designation.--The foundation authorized by subsection (a)
shall be known as the `Northwest Straits Marine Conservation
Foundation'.
``(c) Receipt of Grants.--The Northwest Straits Marine Conservation
Foundation may, if eligible, apply for, accept, and use grants awarded
by Federal agencies, States, local governments, regional agencies,
interstate agencies, corporations, foundations, or other persons to
assist the Commission and the marine resources committees in carrying
out their duties under this Act.
``(d) Transfer of Funds.--The Northwest Straits Marine Conservation
Foundation may transfer funds to the Commission or the marine resources
committees to assist them in carrying out their duties under this Act.
``SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Under Secretary
for Oceans and Atmosphere to support the Commission in carrying out its
duties and administrative functions under this title--
``(1) $2,250,000 for each of the fiscal years 2009 through
2011; and
``(2) $2,500,000 for each of fiscal years 2012 and 2013.''. | Northwest Straits Marine Conservation Initiative Reauthorization and Expansion Act of 2008 - Amends the Northwest Straits Marine Conservation Initiative Act to: (1) set forth the membership of the Northwest Straits Advisory Commission; (2) state the goal of the Commission as the protection and restoration of the marine waters, habitats, and species of the Northwest Straits region in the state of Washington to achieve ecosystem health and sustainable resource use; and (3) enumerate the duties of the Commission and establish benchmarks for its work. Provides for the appointment of a Director of the Commission and the establishment of marine resources committees in specified counties of the state of Washington.
Authorizes the Director of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve to establish the Northwest Straits Marine Conservation Foundation as a nonprofit foundation to support the Commission and the marine resources committees established by this Act.
Authorizes appropriations for the Commission. | {"src": "billsum_train", "title": "A bill to reauthorize and expand the Northwest Straits Marine Conservation Initiative Act to promote the protection of the resources of the Northwest Straits, and for other purposes."} | 3,065 | 200 | 0.602869 | 1.5797 | 0.784602 | 4.796512 | 16.796512 | 0.947674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Physicians' Incentives Act of
1993''.
SEC. 2. DEDUCTION FOR MEDICAL SCHOOL EDUCATION LOAN INTEREST INCURRED
BY DOCTORS SERVING IN MEDICALLY UNDERSERVED RURAL AREAS.
(a) In General.--Paragraph (1) of section 163(h) of the Internal
Revenue Code of 1986 (relating to disallowance of deduction for
personal interest) is amended by striking ``and'' at the end of
subparagraph (D), by redesignating subparagraph (E) as subparagraph
(F), and by inserting after subparagraph (D) the following new
subparagraph:
``(E) any qualified medical education loan interest
(within the meaning of paragraph (5)), and''.
(b) Qualified Medical Education Loan Interest Defined.--Subsection
(h) of section 163 of such Code is amended by redesignating paragraph
(5) as paragraph (6) and by inserting after paragraph (4) the following
new paragraph:
``(5) Qualified medical education loan interest.--
``(A) In general.--The term `qualified medical
education loan interest' means interest--
``(i) which is on a medical education loan
of a physician,
``(ii) which is paid or accrued by such
physician, and
``(iii) which accrues during the period--
``(I) such physician is providing
primary care (including internal
medicine, pediatrics, obstetrics/
gynecology, family medicine, and
osteopathy) to residents of a medically
underserved rural area, and
``(II) such physician's principal
place of abode is in such area.
``(B) Medical education loan.--The term `medical
education loan' means indebtedness incurred to pay the
individual's--
``(i) qualified tuition and related
expenses (as defined in section 117(b))
incurred for the medical education of such
individual, or
``(ii) reasonable living expenses while
away from home in order to attend an
educational institution described in section
170(b)(1)(A)(ii) for the medical education of
such individual.
``(C) Physician.--For purposes of subparagraph (A),
the term `physician' has the meaning given such term by
section 1861(r)(1) of the Social Security Act.
``(D) Medically underserved rural area.--The term
`medically underserved rural area' means any rural area
which is a medically underserved area (as defined in
section 330(b) or 1302(7) of the Public Health Service
Act).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. ELIMINATION OF MEDICARE PAYMENT REDUCTIONS FOR NEW DOCTORS FOR
SERVICES FURNISHED IN ANY RURAL AREA.
(a) In General.--Section 1848(a)(4) of the Social Security Act (42
U.S.C. 1395w-4(a)(4)) is amended--
(1) by striking ``or services'' and inserting ``,
services'', and
(2) by inserting before the period at the end the
following: ``, or services furnished in a rural area (as so
defined) by (or under the supervision, or incidental to
services, of) a physician described in section 1861(r)(1)''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to services furnished after 1993.
SEC. 4. EXTENSION OF DEFERMENTS.
(a) Stafford Loans.--
(1) GSL loans.--Section 428(b)(1)(M) of the Higher
Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--
(A) by striking ``or'' at the end of clause (ii);
(B) by inserting ``or'' after the semicolon at the
end of clause (iii); and
(C) by adding at the end thereof the following new
clause:
``(iv) during which the borrower is serving
in an internship or residency program in
preparation for practice in an area of primary
care (including internal medicine, pediatrics,
obstetrics/gynecology, family medicine, and
osteopathy);''.
(2) FISL loans.--Section 427(a)(2)(C) of such Act (20
U.S.C. 1077(a)(2)(C)) is amended--
(A) by striking ``or'' at the end of clause (ii);
(B) by inserting ``or'' after the semicolon at the
end of clause (iii); and
(C) by adding at the end thereof the following new
clause:
``(iv) during which the borrower is serving
in an internship or residency program in
preparation for practice in an area of primary
care (including internal medicine, pediatrics,
obstetrics/gynecology, family medicine, and
osteopathy);''.
(b) Perkins Loans.--Section 464(c)(2)(A) of such Act (20 U.S.C.
1087dd(c)(2)(A)) is amended--
(1) by striking ``or'' at the end of clause (iii);
(2) by inserting ``or'' after the semicolon at the end of
clause (iv); and
(3) by adding at the end thereof the following new clause:
``(v) during which the borrower is serving
in an internship or residency program in
preparation for practice in an area of primary
care (including internal medicine, pediatrics,
obstetrics/gynecology, family medicine, and
osteopathy);''.
(c) Effective Date.--The amendments made by this section shall
apply to on and after the date of the enactment of this Act with
respect to loans made under the Higher Education Act of 1965 before,
on, or after that date.
SEC. 5. CLARIFICATION OF PERMISSIBLE SUBSTITUTE BILLING ARRANGEMENTS
FOR PHYSICIANS' SERVICES UNDER THE MEDICARE AND MEDICAID
PROGRAMS.
(a) Medicare Program.--
(1) In general.--Clause (D) of section 1842(b)(6) of the
Social Security Act (42 U.S.C. 1395u(b)(6)) is amended to read
as follows: ``(D)(i) payment may be made to a physician for
physicians' services (and services incident to such services)
to be provided by a second physician on a reciprocal basis to
individuals who are patients of the first physician if (I) the
first physician is unavailable to provide the services, (II)
the services are not provided by the second physician over a
continuous period of longer than 60 days, and (III) the claim
form submitted to the carrier includes the second physician's
unique identifier (provided under the system established under
subsection (r)) and indicates that the claim meets the
requirements of this clause for payment to the first physician;
and (ii) payment may be made to a physician for physicians'
services (and services incident to such services) which that
physician pays a second physician on a per diem or other fee-
for-time basis to provide to individuals who are patients of
the first physician if (I) the first physician is unavailable
to provide the services, (II) the services are not provided by
the second physician over a continuous period of longer than 90
days (or such longer period as the Secretary may provide), and
(III) the claim form submitted to the carrier includes the
second physician's unique identifier (provided under the system
established under subsection (r)) and indicates that the claim
meets the requirements of this clause for payment to the first
physician''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to services furnished on or after the first day of
the first month beginning more than 60 days after the date of
the enactment of this Act.
(b) Medicaid Program.--
(1) In general.--Section 1902(a)(32)(C) of the Social
Security Act (42 U.S.C. 1396a(a)(32)(C)) is amended to read as
follows:
``(C) payment may be made to a physician for
services furnished by a substitute physician under the
circumstances described in subparagraph (D) of section
1842(b)(6), except that, for purposes of this
subparagraph, any reference in such subparagraph to `a
carrier' or `the system established under subsection
(r)' is deemed a reference to the State (or other
fiscal agent under the State plan) and to the system
established under subsection (x) of this section,
respectively.''.
(2) Effective date.--(A) The amendment made by paragraph
(1) shall apply to services furnished on or after the date of
the enactment of this Act.
(B) Until the first day of the first calendar quarter
beginning more than 60 days after the date the Secretary of
Health and Human Services establishes the physician identifier
system under section 1902(x) of the Social Security Act, the
requirement under section 1902(a)(32)(C) of such Act that a
claim form submitted must include the second physician's unique
identifier is deemed to be satisfied if the claim form
identifies (in a manner specified by the Secretary of Health
and Human Services) the second physician. | Rural Physicians' Incentives Act of 1993 - Amends the Internal Revenue Code to allow a deduction on medical education loan interest of a physician which accrues while the physician is living in and providing primary care to residents of a medically underserved rural area.
Amends title XVIII (Medicare) of the Social Security Act to exempt services furnished in a rural area from a special fee schedule applicable to new physicians.
Amends the Higher Education Act of 1965 to extend beyond the normal two-year limit, for borrowers serving an internship or residency program in preparation for practice in an area of primary care, the deferral of payments on: (1) insured student loans (Stafford Loans), including those eligible for interest subsidies; and (2) low-interest student loans (Perkins Loans).
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to modify provisions setting forth requirements concerning billing by one physician for services rendered by another physician in specified circumstances. | {"src": "billsum_train", "title": "Rural Physicians' Incentives Act of 1993"} | 2,230 | 227 | 0.571314 | 1.533818 | 0.751598 | 2.457895 | 9.684211 | 0.794737 |
SECTION 1. TECHNICAL CORRECTIONS TO TITLE 17, UNITED STATES CODE.
(a) Exemption of Certain Performances and Displays on Exclusive
Rights.--Section 110(5) of title 17, United States Code, is amended--
(1) by striking ``(A) a direct charge'' and inserting ``(i) a
direct charge''; and
(2) by striking ``(B) the transmission'' and inserting ``(ii)
the transmission''.
(b) Ephemeral Recordings.--Section 112(e) of title 17, United
States Code, is amended--
(1) by redesignating paragraphs (3) through (10) as paragraphs
(2) through (9), respectively;
(2) in paragraph (3), as so redesignated, by striking ``(2)''
and inserting ``(1)'';
(3) in paragraph (4), as so redesignated--
(A) by striking ``(3)'' and inserting ``(2)'';
(B) by striking ``(4)'' and inserting ``(3)'';
(C) by striking ``(6)'' and inserting ``(5)''; and
(D) by striking ``(3) and (4)'' and inserting ``(2) and
(3)''; and
(4) in paragraph (6), as so redesignated--
(A) by striking ``(4)'' each place it appears and inserting
``(3)''; and
(B) by striking ``(5)'' each place it appears and inserting
``(4)''.
(c) Determination of Reasonable License Fees for Individual
Proprietors.--Chapter 5 of title 17, United States Code, is amended--
(1) by redesignating the section 512 entitled ``Determination
of reasonable license fees for individual proprietors'' as section
513 and placing such section after the section 512 entitled
``Limitations on liability relating to material online''; and
(2) in the table of sections at the beginning of that chapter
by striking
``512. Determination of reasonable license fees for individual
proprietors.''
and inserting
``513. Determination of reasonable license fees for individual
proprietors.''
and placing that item after the item entitled
``512. Limitations on liability relating to material online.''.
(d) Online Copyright Infringement Liability.--Section 512 of title
17, United States Code, is amended--
(1) in subsection (e)--
(A) by amending the caption to read as follows:
``(e) Limitation on Liability of Nonprofit Educational
Institutions.--''; and
(B) in paragraph (2), by striking ``Injunctions.--''; and
(2) in paragraph (3) of subsection (j), by amending the caption
to read as follows:
``(3) Notice and ex parte orders.--''.
(e) Integrity of Copyright Management Information.--Section
1202(e)(2)(B) of title 17, United States Code, is amended by striking
``category or works'' and inserting ``category of works''.
(f) Protection of Designs.--(1) Section 1302(5) of title 17, United
States Code, is amended by striking ``1 year'' and inserting ``2
years''.
(2) Section 1320(c) of title 17, United States Code, is amended in
the subsection caption by striking ``Acknowledgement'' and inserting
``Acknowledgment''.
(g) Miscellaneous Clerical Amendments.--
(1) Section 101 of title 17, United States Code, is amended--
(A) by transferring and inserting the definition of
``United States work'' after the definition of ``United
States''; and
(B) in the definition of ``proprietor'', by striking ``A
`proprietor''' and inserting ``For purposes of section 513, a
`proprietor'''.
(2) Section 106 of title 17, United States Code, is amended by
striking ``120'' and inserting ``121''.
(3) Section 118(e) of title 17, United States Code, is
amended--
(A) by striking ``subsection (b).'' and all that follows
through ``Owners'' and inserting ``subsection (b). Owners'';
and
(B) by striking paragraph (2).
(4) Section 119(a)(8)(C)(ii) of title 17, United States Code,
is amended by striking ``network's station'' and inserting
``network station's''.
(5) Section 501(a) of title 17, United States Code, is amended
by striking ``118'' and inserting ``121''.
(6) Section 511(a) of title 17, United States Code, is amended
by striking ``119'' and inserting ``121''.
SEC. 2. OTHER TECHNICAL CORRECTIONS.
(a) Clerical Amendment to Title 28, U.S.C.--The section heading for
section 1400 of title 28, United States Code, is amended to read as
follows:
``Sec. 1400. Patents and copyrights, mask works, and designs''.
(b) Elimination of Conflicting Provision.--Section 5316 of title 5,
United States Code, is amended by striking ``Commissioner of Patents,
Department of Commerce.''.
(c) Clerical Correction to Title 35, U.S.C.--Section 3(d) of title
35, United States Code, is amended by striking ``, United States
Code''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Makes technical amendments to Federal copyright law.
Revises the denial of copyright protection for a design embodied in a useful article made public by the designer or owner in the United States or a foreign country more than a certain period of time before the date of the application for copyright registration, to increase from one year to two years such period of time before registration application and consequent copyright denial. | {"src": "billsum_train", "title": "A bill to make technical corrections in title 17, United States Code, and other laws."} | 1,311 | 91 | 0.402508 | 1.001793 | 0.225696 | 0.64 | 15.506667 | 0.533333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Partners Next Door Act of
2005''.
SEC. 2. COMMUNITY PARTNERS NEXT DOOR ACT.
(a) Discount and Downpayment Assistance for Teachers and Public
Safety Officers.--Section 204(h) of the National Housing Act (12 U.S.C.
1710(h)) is amended--
(1) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) 50 percent discount for teachers and public safety
officers purchasing properties that are eligible assets.--
``(A) Discount.--A property that is an eligible
asset and is sold, during fiscal years 2006 through
2010, to a teacher or public safety officer for use in
accordance with subparagraph (B) shall be sold at a
price that is equal to 50 percent of the appraised
value of the eligible property (as determined in
accordance with paragraph (6)(B)). In the case of a
property eligible for both a discount under this
paragraph and a discount under paragraph (6), the
discount under paragraph (6) shall not apply.
``(B) Primary residence.--An eligible property sold
pursuant to a discount under this paragraph shall be
used, for not less than the 3-year period beginning
upon such sale, as the primary residence of a teacher
or public safety officer.
``(C) Sale methods.--The Secretary may sell an
eligible property pursuant to a discount under this
paragraph--
``(i) to a unit of general local government
or nonprofit organization (pursuant to
paragraph (4) or otherwise), for resale or
transfer to a teacher or public safety officer;
or
``(ii) directly to a purchaser who is a
teacher or public safety officer.
``(D) Resale.--In the case of any purchase by a
unit of general local government or nonprofit
organization of an eligible property sold at a
discounted price under this paragraph, the sale
agreement under paragraph (8) shall--
``(i) require the purchasing unit of
general local government or nonprofit
organization to provide the full benefit of the
discount to the teacher or public safety
officer obtaining the property; and
``(ii) in the case of a purchase involving
multiple eligible assets, any of which is such
an eligible property, designate the specific
eligible property or properties to be subject
to the requirements of subparagraph (B).
``(E) Mortgage downpayment assistance.--If a
teacher or public safety officer purchases an eligible
property pursuant to a discounted sale price under this
paragraph and finances such purchase through a mortgage
insured under this title, notwithstanding any provision
of section 203 the downpayment on such mortgage shall
be $100.
``(F) Prevention of undue profit.--The Secretary
shall issue regulations to prevent undue profit from
the resale of eligible properties in violation of the
requirement under subparagraph (B).
``(G) Definitions.--For the purposes of this
paragraph, the following definitions shall apply:
``(i) The term `eligible property' means an
eligible asset described in paragraph (2)(A) of
this subsection.
``(ii) The term `public safety officer' has
the meaning given such term in section 1204 of
the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796b).
``(iii) The term `teacher' means an
individual who is employed on a part- or full-
time basis as a teacher, teacher assistant, or
administrator in a public or private school
that provides elementary or secondary
education, as determined under State law,
except that elementary education shall include
pre-Kindergarten education, and except that
secondary education shall not include any
education beyond grade 12.
``(H) Program integrity.--Notwithstanding any other
provision of this paragraph, the Secretary may suspend
the applicability of this paragraph for such period as
the Secretary considers appropriate if the Secretary
determines such suspension is necessary because of
fraud or other issues regarding program integrity.''.
(b) Conforming Amendments.--Section 204(h) of the National Housing
Act (12 U.S.C. 1710(h)) is amended--
(1) in paragraph (4)(B)(ii), by striking ``paragraph (7)''
and inserting ``paragraph (8)'';
(2) in paragraph (5)(B)(i), by striking ``paragraph (7)''
and inserting ``paragraph (8)''; and
(3) in paragraph (6)(A), by striking ``paragraph (8)'' and
inserting ``paragraph (9)''.
(c) Regulations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall issue regulations to
implement the amendments made by this section. | Community Partners Next Door Act of 2005 - Amends the National Housing Act to provide: (1) a 50% discount for teachers, teacher assistants, administrators, and public safety officers purchasing (FY2006-FY2010) certain eligible asset properties for use as their primary residence; and (2) a $100 downpayment on any related insured mortgage.
Authorizes such sales directly to a qualifying individual or to a unit of local government or a nonprofit organization for resale to such individual. | {"src": "billsum_train", "title": "To make single family housing owned by the Department of Housing and Urban Development available for purchase by teachers and public safety officers at a discount."} | 1,109 | 106 | 0.557927 | 1.610916 | 0.839627 | 2.086957 | 10.902174 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NEO Preparedness Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Asteroid and comet collisions rank as one of the most
costly natural disasters that can occur.
(2) According to the October 2007 report to Congress by the
National Aeronautics and Space Administration (in this Act
referred to as ``NASA''), 140-meter-in-diameter asteroid
collision will generate the equivalent power of a 100 megaton
TNT explosion.
(3) There are approximately 100,000 near-Earth objects 140
meters wide or larger.
(4) The time needed to eliminate or mitigate the threat of
a collision of a potentially hazardous near-Earth object with
Earth is measured in decades.
(5) Unlike earthquakes and hurricanes, asteroids and comets
can provide adequate collision information, enabling the United
States to include both asteroid- and comet-collision disaster
recovery and disaster avoidance in its public-safety structure.
(6) Basic information is needed for technical and policy
decisionmaking for the United States to create a comprehensive
program in order to be ready to eliminate and mitigate the
serious and credible threats to humankind posed by potentially
hazardous near-Earth asteroids and comets.
(7) As a first step to eliminate and to mitigate the risk
of such collisions, situation and decision-analysis processes,
as well as procedures and system resources, must be in place
well before a collision threat becomes known.
(8) Without establishing such processes, procedures, and
resources, the full range of options to eliminate and to
mitigate the risk of such collisions is restricted or even
lost.
(9) The public safety of the United States and the planet
requires the competence and expertise found in NASA to prepare
and to validate the potentially hazardous near-Earth object
deflection situation and decisionmaking analysis, as well as to
select systems and procedures, to prepare the United States for
readiness to avoid or to mitigate collisions with potentially
hazardous near-Earth objects.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) ``potentially hazardous near-Earth object'' means an
asteroid or comet with a trajectory that passes less than 0.05
Astronomical Units from Earth's orbit;
(2) ``Administrator'' means the Administrator of NASA;
(3) ``adequate-warning'' refers to a time period starting
from the time that the near-Earth object is considered
potentially haradous to the predicted time of possible
collision, which allows the full range of readiness options to
be implemented;
(4) ``short-warning'' refers to a time period that allows
only limited options to be implemented; and
(5) ``comet'' means near-Earth or short-warning comets.
SEC. 4. ESTABLISHMENT OF THE OFFICE OF POTENTIALLY HARADOUS NEAR-EARTH
OBJECTS, IDENTIFICATION OF SITUATION- AND DECISION-
ANALYSIS FACTORS, AND SELECTION OF PROCEDURES AND
SYSTEMS.
(a) Establishment.--The Administrator shall establish the Office of
Potentially Hazardous Near-Earth Object Preparedness (in this Act
referred to as ``Office''). The purpose of the Office shall be to
prepare the United States for readiness to avoid and to mitigate
collisions with potentially hazardous near-Earth objects in
collaboration with other Agencies through the identification of
situation- and decision-analysis factors and selection of procedures
and systems.
(b) Identification of Situation- and Decision-Analysis Factors.--
The Office shall identify situation- and decision-analysis factors, in
collaboration with other Agencies, by determining--
(1) the needed objective technical and nontechnical
criteria upon which to analyze potentially hazardous near-Earth
object collision information and to base key threat
elimination-decisions and options;
(2) the implications of such decisions and options;
(3) the human skills needed to make key threat elimination-
decisions and the preparation required for individuals making
such decisions;
(4) the factors needed to formulate key techical and policy
questions involving such decisions;
(5) methods for determining and sequencing the minimum
possible time periods needed to make such decisions;
(6) a model deflection and mitigation decision logic flow,
including provisions for minimizing--
(A) human exposure,
(B) energy, cost, and time, and
(C) the risk of return of potentially hazardous
near-Earth objects; and
(7) additional critical information needs, technological
developments, public confidence building initiatives, and any
other needs involving the threat of collisons of potentially
hazardous near-Earth objects with Earth.
(c) Selection of Procedures and Systems.--The Office shall select
procedures and systems by--
(1) surveying the existing deflection proposals and
examining each proposal for critical elements including
capability, suitability, feasibility, cost, cost effectiveness,
required human and capital resources, and maturity of needed
key technologies;
(2) with the results from subsection (a) and input from
other appropriate sources, performing an architectural tradeoff
assessment and selecting a set of deflection proposals as
primary procedures and systems that will provide the best
opportunities for deflection-preparation, taking into account
adequate- and short-warning collision timelines, as well as
relevant asteroid and comet characteristics;
(3) for each selected primary procedure and system--
(A) identifying the best backup;
(B) defining the steps needed to realize immature
key technologies;
(C) developing preliminary models;
(D) performing a predicted results error-analysis
in order to confirm the characteristics described in
subsection (a);
(E) projecting time to readiness;
(F) formulating an implementation phase to achieve
full deflection readiness;
(G) establishing implementation timelines with
measurable interim goals, and steps to transfer the
procedure and system resources to the implementation
phase; and
(H) identifying the crucial policy decisions needed
for implemention; and
(4) indicating possible coordination with other Agencies to
facilitate such activities.
SEC. 5. REPORTS.
The Administrator shall submit to the Congress the following
reports:
(1) Not later than 1 year after the date of enactment of
this Act, an interim report that summarizes a preliminary
result of the activities of the Office carried out under
sections 4(b) and 4(c)(1)-(2).
(2) Not later than 2 years after the date of enactment of
this Act, a concluding report that summarizes all activities of
the Office carried out under section 4.
SEC. 6. NASA ADVISORY COUNSEL.
The Administrator shall convene the NASA Advisory Council--
(1) not later than 90 days after submitting the interim
report required by section 5(1), to provide the Administrator
with advice for the concluding report; and
(2) not later than 90 days after submitting concluding
report required by section 5(2), to provide the Administrator
with advice for subsequent activities under section 4. | NEO Preparedness Act - Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish an Office of Potentially Hazardous Near-Earth Object Preparedness, to prepare the United States for readiness to avoid and to mitigate collisions with potentially hazardous near-Earth objects in collaboration with other agencies through the identification of situation-and-decision-analysis factors and the selection of procedures and systems.
Requires submission of interim and concluding reports that summarize the results of the activities of the Office carried out under this Act to identify situation- and decision-analysis factors and to select procedures and systems for such purposes.
Requires the Administrator of NASA to convene a NASA Advisory Council to provide the Administrator with advice for the concluding report and for subsequent identification and selection activities. | {"src": "billsum_train", "title": "To formulate situation and decision analyses, and to select procedures and systems, for deflecting and mitigating potentially hazardous near-Earth objects."} | 1,535 | 177 | 0.585948 | 1.824714 | 0.762165 | 4.376712 | 9.760274 | 0.965753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Hospice Benefit Amendments
of 1996''.
SEC. 2. HOSPICE CARE BENEFIT PERIODS.
(a) Restructuring of Benefit Period.--Section 1812 of the Social
Security Act (42 U.S.C. 1395d) is amended in subsections (a)(4) and
(d)(1), by striking ``, a subsequent period of 30 days, and a
subsequent extension period'' and inserting ``and an unlimited number
of subsequent periods of 60 days each''.
(b) Conforming Amendments.--(1) Section 1812 of such Act (42 U.S.C.
1395d) is amended in subsection (d)(2)(B) by striking ``90- or 30-day
period or a subsequent extension period'' and inserting ``90-day period
or a subsequent 60-day period''.
(2) Section 1814(a)(7)(A) of such Act (42 U.S.C. 1395f(a)(7)(A)) is
amended--
(A) in clause (i), by inserting ``and'' at the end;
(B) in clause (ii)--
(i) by striking ``30-day'' and inserting ``60-
day''; and
(ii) by striking ``and'' at the end and inserting a
period; and
(C) by striking clause (iii).
SEC. 3. AMBULANCE SERVICES, DIAGNOSTIC TESTS, CHEMOTHERAPY SERVICES,
AND RADIATION THERAPY SERVICES INCLUDED IN HOSPICE CARE.
Section 1861(dd)(1) of the Social Security Act (42 U.S.C.
1395x(dd)(1)) is amended--
(1) in subparagraph (E), by inserting ``anticancer
chemotherapeutic agents and other'' before ``drugs'';
(2) in subparagraph (G), by striking ``and'' at the end;
(3) in subparagraph (H), by striking the period at the end
and inserting a comma; and
(4) by inserting after subparagraph (H) the following:
``(I) ambulance services,
``(J) diagnostic tests, and
``(K) radiation therapy services.''.
SEC. 4. CONTRACTING WITH INDEPENDENT PHYSICIANS OR PHYSICIAN GROUPS FOR
HOSPICE CARE SERVICES PERMITTED.
Section 1861(dd)(2) of the Social Security Act (42 U.S.C.
1395x(dd)(2)) is amended--
(1) in subparagraph (A)(ii)(I), by striking ``(F),''; and
(2) in subparagraph (B)(i), by inserting ``or under
contract with'' after ``employed by''.
SEC. 5. WAIVER OF CERTAIN STAFFING REQUIREMENTS FOR HOSPICE CARE
PROGRAMS IN NON-URBANIZED AREAS.
Section 1861(dd)(5) of the Social Security Act (42 U.S.C.
1395x(dd)(5)) is amended--
(1) in subparagraph (B), by inserting ``or (C)'' after
``subparagraph (A)'' each place it appears; and
(2) by adding at the end the following:
``(C) The Secretary may waive the requirements of paragraph
(2)(A)(i) and (2)(A)(ii) for an agency or organization with respect to
the services described in paragraph (1)(B) and, with respect to dietary
counseling, paragraph (1)(H), if such agency or organization--
``(i) is located in an area which is not an urbanized area
(as defined by the Bureau of Census), and
``(ii) demonstrates to the satisfaction of the Secretary
that the agency or organization has been unable, despite
diligent efforts, to recruit appropriate personnel.''.
SEC. 6. LIMITATION ON LIABILITY OF BENEFICIARIES AND PROVIDERS FOR
CERTAIN HOSPICE COVERAGE DENIALS.
(a) In General.--Section 1879(g) of the Social Security Act (42
U.S.C. 1395pp(g)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving such
subparagraphs 2 ems to the right;
(2) by striking ``is,'' and inserting ``is--'';
(3) by making the remaining text of subsection (g), as
amended, that follows ``is--'' a new paragraph (1) and
indenting such paragraph 2 ems to the right;
(4) by striking the period at the end and inserting ``;
and''; and
(5) by adding at the end the following new paragraph:
``(2) with respect to the provision of hospice care to an
individual, a determination that the individual is not
terminally ill.''.
(b) Waiver Period Extended.--Section 9305(f)(2) of the Omnibus
Budget Reconciliation Act of 1986 is amended by striking ``and before
December 31, 1995.''.
(c) Effective Date.--The amendments made by this section take
effect December 31, 1995.
SEC. 7. EXTENDING THE PERIOD FOR PHYSICIAN CERTIFICATION OF AN
INDIVIDUAL'S TERMINAL ILLNESS.
Section 1814(a)(7)(A)(i)(II) of the Social Security Act (42 U.S.C.
1395f(a)(7)(A)(i)(II)) is amended by striking ``, not later than 2 days
after hospice care is initiated (or, if each certify verbally not later
than 2 days after hospice care is initiated, not later than 8 days
after such care is initiated),'' and inserting ``at the beginning of
the period''.
SEC. 8. EFFECTIVE DATE.
Except as provided in section 6(c), the amendments made by this Act
apply to benefits provided on or after the date of the enactment of
this Act, regardless of whether or not an individual has made an
election under section 1812(d) of the Social Security Act before such
date. | Medicare Hospice Benefit Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to hospice care to: (1) restructure the hospice care benefit period; (2) cover ambulance services, diagnostic tests, and anticancer chemotherapy and radiation therapy services; (3) permit contracting with independent physicians or physician groups for hospice care services; (4) allow waiver of certain staffing requirements for hospice care programs in non-urbanized areas; (5) define coverage denial, with respect to the limitation on the liability of beneficiaries and providers, to mean a determination that an individual is not terminally ill; and (6) extend the period for physician certification of an individual's terminal illness. | {"src": "billsum_train", "title": "Medicare Hospice Benefit Amendments of 1996"} | 1,468 | 149 | 0.473942 | 1.284559 | 0.623348 | 3.789855 | 8.26087 | 0.92029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Republic of Georgia Democracy Act of
2012''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A democratic and stable Republic of Georgia is in the
political, security, and economic interests of the United
States.
(2) Georgia plays a key role in the security of the Black
Sea and South Caucasus region, which is important for Euro-
Atlantic security, transportation, and energy diversification
to and from the Caspian Sea.
(3) Georgia has been a reliable partner and ally in
enhancing global peace and stability with its significant
contribution to operations in Iraq and Afghanistan.
(4) The United States-Georgia Charter on Strategic
Partnership, signed in January 2009, outlines the importance of
the bilateral relationship as well as the intent of both
countries to expand democracy and economic programs, enhance
defense and security cooperation, further trade and energy
cooperation, and build people-to-people cultural exchanges.
(5) Georgia's democratic nature is one of its core
strengths and the basis for the deep friendship between Georgia
and the United States. As such, continued democratic reform,
the strength of Georgia's democratic institutions, and regular
free, fair, and competitive elections are key priorities for a
strong continuing relationship between the United States and
Georgia.
(6) Democracy in Georgia is facing serious challenges and
political freedom and fair competition between political
parties is under assault. For example, the government has
increased detaining members of the political opposition and
civil society nongovernmental organizations (NGOs), limited
freedom of the press, undermined the right of workers to
organize and bargain collectively, and stopped opposition
groups from holding demonstrations--often by violent means.
(7) According to the Department of State's 2010 Human
Rights Report on Georgia, when President Mikheil Saakashvili
was re-elected to the Presidency in 2008, ``the OSCE identified
significant problems, including widespread allegations of
intimidation and pressure, flawed vote-counting and tabulation
processes, and shortcomings in the complaints and appeals
process. These and other problems continued into the
parliamentary elections in May 2008, which international
observers concluded were uneven and incomplete in their
adherence to international standards.''.
(8) On February 13, 2012, United Nations Special Rapporteur
on the Right to Freedom of Peaceful Assembly and Association
Maina Kiai concluded at the end of his visit to Georgia that
the previous positive trajectory of the country was being
replaced with a ``widespread climate of fear, intimidation and
arbitrary restrictions of fundamental freedoms.'' He identified
multiple problems, including with the way in which the
government undermined political parties and NGOs, such as
prosecuting and detaining political activists with little to no
evidence. Furthermore, he noted, ``there have been long
standing concerns--by regional bodies and the UN--about the
inability to distinguish between the ruling party and the
state, which is especially relevant in light of the upcoming
parliamentary and presidential elections.''.
(9) Georgia will hold parliamentary elections in October
2012. In the run-up to the election, Georgian President Mikheil
Saakashvili and the Georgian Parliament enacted constitutional
changes that reduce the power of the president and increase the
power of the prime minister.
(10) Georgian President Mikheil Saakashvili's presidential
term ends in 2013 and it has been reported that he plans to
assume the role of Prime Minister if his political party,
United National Movement (UNM), wins the majority of the seats
in the Parliament, which it currently has.
(11) Bidzina Ivanishvili, a Georgian businessman who has
never served in the Georgian Government, launched a new
political party called Georgian Dream, on October 5, 2011, in
an effort to unify the Georgian opposition parties and
challenge Saakashvili's increasingly dictatorial control over
Georgia's government.
(12) In response to the creation of Georgian Dream, Mikheil
Saakashvili's regime stripped Bidzina Ivanishvili of his
citizenship despite the fact that Mikheil Saakashvili granted
Ivanishvili's citizenship in the first place, Ivanishvili was
born in Georgia, and there is no legal basis for his
citizenship to be revoked.
(13) Since the launch of Georgian Dream, the Saakashvili
regime has launched a concerted, aggressive campaign to
undermine Georgian Dream's ability to compete against
Saakashvili's party in the Parliamentary elections. For
example, the Georgian Government has fired those employees,
especially teachers, who support Ivanishvili or other
opposition parties.
(14) The Georgian Government has increased harassment and
detention of the supporters of Ivanishvili, Georgian Dream and
other opposition parties, often through violent means, without
due process. Hundreds of opposition supporters have been
detained in March 2012 as part of a concerted effort to
intimidate voters and opposition campaigners.
(15) On February 27, 2011, Solomon Kimeridze, an
Ivanishvili supporter, died under suspicious circumstances
while in police custody.
(16) On May 26, 2011, Georgian security officials killed
two protesters while using violent means to break-up a peaceful
protest. An investigation into this incident has been requested
by United States Ambassador Robert Bass, the United Nations
High Commissioner for Human Rights, the European Commission,
Human Rights Watch, and Amnesty International.
(17) On December 28, 2011, the Georgian Parliament passed
new election laws that will limit opposition parties' access to
funds. The OSCE and the U.S. State Department criticized this
law for both its substance and the abnormal way in which it was
enacted by the Saakashvili-controlled parliament. Furthermore,
the Chamber of Control, the state audit agency that is
controlled by Saakashvili, created a new division specifically
focused on investigating Georgian Dream and Bidzina Ivanishvili
and blocking Ivanishvili's financial support for opposition
candidates and party building.
(18) United Nations Special Rapporteur on the Right to
Freedom of Peaceful Assembly and Association Maina Kiai
concluded that these changes to the election law ``appear to
affect the rights to association and to peaceful assembly . . .
these amendments, which at times use ambiguous language, are
fuelling an overall climate of distrust, and appear to largely
violate international human rights law.''.
(19) The Saakashvili regime has warped the Georgian banking
sector, previously a model of post-Soviet success and
transparency, in an effort to destroy Bank Cartu, a bank owned
by Bidzina Ivanishvili. Based on a law passed at the end of
October 2011 after Ivanishvili announced the creation of
Georgian Dream, the Georgian Government seized over millions of
dollars in bank assets. The American Chamber of Commerce
criticized this new law, predicted that it would undermine a
model banking system that has been built with the support of
the United States Government, IMF, and World Bank. The Georgian
Government has only applied this new law, which gives the
Government the right to seize loan collateral before the banks
that issued the loan, to Bank Cartu and no other banks. As a
result, the Saakashvili regime continues to seize Bank Cartu
assets in an effort to force the bank out of business and
remove a source of Ivanishvili's financial support.
(20) United States national security interests are best
served by a democratic Georgia no matter what individuals and
which parties are in control of the country. An undemocratic
Georgia will breed instability in a volatile region and
increase the likelihood of violent conflict. As such, it is
incumbent on the United States Government to clearly
communicate to President Saakashvili that if he continues down
his current path and does not allow free, fair, and competitive
elections, the special relationship between the United States
and Georgia will be at risk and Georgia will face the loss of
both United States political support and financial assistance.
SEC. 3. LIMITATION ON ASSISTANCE TO THE REPUBLIC OF GEORGIA.
(a) Limitation.--No funds available to any United States department
or agency for fiscal year 2013 may be used to provide assistance to the
Republic of Georgia until the Secretary of State certifies and reports
to the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate that the parliamentary
elections held in October 2012 or such other date if rescheduled were
carried out in a free, fair, and competitive manner consistent with
international standards.
(b) Matters To Be Included.--The report required under subsection
(a) shall include information on--
(1) the presence and findings of election observers;
(2) the ability of opposition parties to campaign
effectively; and
(3) whether Bidzina Ivanishvili and the Georgian Dream
Party participated in the election, and, if not, the reason for
their absence. | Republic of Georgia Democracy Act of 2012 - Prohibits FY2013 funds for any U.S. department or agency from being used to provide assistance to the Republic of Georgia until the Secretary of State reports to Congress that the parliamentary elections (held in October 2012 or such other date if rescheduled) were carried out in a free and competitive manner consistent with international standards.
Requires such report to include information on: (1) the presence and findings of election observers; (2) the ability of opposition parties to campaign effectively; and (3) whether Bidzina Ivanishvili and the Georgian Dream Party participated in the election, and, if not, the reason for their absence. | {"src": "billsum_train", "title": "To ensure free, fair, and competitive elections in the Republic of Georgia."} | 1,938 | 147 | 0.414995 | 1.4787 | 0.681611 | 6.896825 | 14.142857 | 0.97619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equipping a 21st Century Green
Workforce Act of 2009''.
SEC. 2. SPECIAL RULES FOR CHARITABLE CONTRIBUTIONS OF ALTERNATIVE
ENERGY PROPERTY FOR EDUCATIONAL PURPOSES.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(8) Special rule for contributions of alternative energy
property used for educational purposes.--
``(A) Limit on reduction.--In the case of a
qualified energy property contribution, the reduction
under paragraph (1)(A) shall be no greater than the
amount determined under paragraph (3)(B).
``(B) Qualified energy property contributions.--For
purposes of this paragraph, the term `qualified energy
property contribution' means a charitable contribution
by a corporation of qualified energy inventory
property, but only if--
``(i) the contribution is to--
``(I) an educational organization
described in subsection (b)(1)(A)(ii),
or
``(II) an organization described in
section 501(c)(3) and exempt from tax
under section 501(a) that is organized
primarily for purposes of providing
education or training,
``(ii) the property is constructed or
assembled by the taxpayer,
``(iii) the contribution is made not later
than 3 years after the date the construction or
assembly of the property is substantially
completed,
``(iv) the original use of the property is
by the donee,
``(v) substantially all of the use of the
property by the donee is for use within the
United States for educational or training
purposes that are related to the purpose or
function of the donee,
``(vi) the property is not transferred by
the donee in exchange for money, other
property, or services,
``(vii) the property will fit productively
into the donee's educational or training plan,
and
``(viii) the taxpayer receives from the
donee a written statement representing that its
use and disposition of the property will be in
accordance with the provisions of clauses (v),
(vi),and (vii).
``(C) Definitions and special rules.--For purposes
of this paragraph--
``(i) Qualified energy inventory
property.--The term `qualified energy inventory
property' means any tangible personal property
described in paragraph (1) of section 1221(a)
which is--
``(I) property which is used in
generating electricity from qualified
energy resources (as defined in section
45(c)(1)), or
``(II) property which is described
in subparagraph (A) of section 48(a)(3)
(determined without regard to any
termination provision or other time-
based restriction contained in section
48) and which meets the requirements of
subparagraph (D) of section 48(a)(3).
``(ii) Corporation.--The term `corporation'
has the meaning given such term by paragraph
(4)(D).
``(iii) Use of property as energy source.--
The use of property by the donee as a source of
energy for the donee shall not be taken into
account for purposes of applying subparagraph
(B)(v) if the use described in such paragraph
is significant.
``(iv) Construction of property.--Rules
similar to the rules of paragraph (4)(C) shall
apply.''.
(b) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act. | Equipping a 21st Century Green Workforce Act of 2009 - Amends the Internal Revenue Code to allow an increased charitable tax deduction for contributions of certain alternative energy property for educational purposes. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide special rules for charitable contributions of alternative energy property for educational purposes."} | 824 | 42 | 0.45366 | 1.056058 | 0.862236 | 2.757576 | 22.212121 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Fuel Supply and Distribution
Improvement Act''.
SEC. 2. IMPROVING MOTOR FUEL SUPPLY AND DISTRIBUTION.
(a) Limiting Number of Boutique Fuels.--Section 211(c)(4)(C) of the
Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended by striking the
second clause (v) (as added by section 1541(b) of Public Law 109-58)
and inserting the following:
``(vi)(I) The Administrator shall have no
authority, when considering a State
implementation plan or a State implementation
plan revision, to approve under this paragraph
any fuel included in such plan or revision if
the effect of such approval would be to
increase the total number of fuels approved
under this paragraph as of January 1, 2009 in
all State implementation plans.
``(II) The Administrator, in consultation
with the Secretary of Energy, shall determine
the total number of fuels approved under this
paragraph as of January 1, 2009, in all State
implementation plans and shall publish a list
of such fuels, including the States and
Petroleum Administration for Defense District
in which they are used, in the Federal Register
no later than 90 days after enactment.
``(III) The Administrator shall remove a
fuel from the list published under subclause
(II) if a fuel ceases to be included in a State
implementation plan or if a fuel in a State
implementation plan is identical to a Federal
fuel formulation implemented by the
Administrator, but the Administrator shall not
reduce the total number of fuels authorized
under the list published under subclause (II).
``(IV) Subclause (I) shall not apply to
approval by the Administrator of a control or
prohibition respecting any new fuel under this
paragraph in a State's implementation plan or a
revision to that State's implementation plan
after the date of enactment of this Act if the
fuel, as of the date of consideration by the
Administrator--
``(aa) would replace completely a
fuel on the list published under
subclause (II);
``(bb) has been approved in at
least one State implementation plan in
the applicable Petroleum Administration
for Defense District; or
``(cc) is a fuel that differs from
the Federal conventional gasoline
specifications under subsection (k)(8)
only with respect to the requirement of
a summertime Reid Vapor Pressure of 7.0
or 7.8 pounds per square inch.
``(V) Nothing in this clause shall be
construed to have any effect regarding any
available authority of States to require the
use of any fuel additive registered in
accordance with subsection (b), including any
fuel additive registered in accordance with
subsection (b) after the enactment of this
subclause.
``(VI) In this clause:
``(aa) The term `control or
prohibition respecting a new fuel'
means a control or prohibition on the
formulation, composition, or emissions
characteristics of a fuel that would
require the increase or decrease of a
constituent in gasoline or diesel fuel.
``(bb) The term `fuel' means
gasoline, diesel fuel, and any other
liquid petroleum product commercially
known as gasoline and diesel fuel for
use in highway and non-road motor
vehicles.''.
(b) Temporary Waivers During Supply Emergencies.--Section 211(c)(4)
of the Clean Air Act (42 U.S.C. 7545(c)(4)) is amended by adding at the
end the following:
``(D) Temporary Waivers During Supply Emergencies.--The
Administrator may temporarily waive a control or prohibition with
respect to the use of a fuel or fuel additive required or regulated by
the Administrator under subsection (c), (h), (i), (k), or (m), or
prescribed in an applicable implementation plan under section 110 that
is approved by the Administrator under subparagraph (c)(4)(C)(i), if,
after consultation with and concurrence by the Secretary of Energy, the
Administrator determines that--
``(i) an extreme and unusual fuel or fuel additive supply
circumstance exists in a State or region that prevents the
distribution of an adequate supply of the fuel or fuel additive
to consumers;
``(ii) the extreme and unusual fuel or fuel additive supply
circumstance is the result of a natural disaster, an act of
God, a pipeline or refinery equipment failure, or another event
that could not reasonably have been foreseen or prevented and
not a lack of prudent planning on the part of the suppliers of
the fuel or fuel additive to the State or region; and
``(iii) it is in the public interest to grant the waiver.
``(E) Requirements for Waiver.--
``(i) Definition of motor fuel distribution system.--In
this subparagraph, the term `motor fuel distribution system'
has the meaning given the term by the Administrator, by
regulation.
``(ii) Requirements.--A waiver under subparagraph (D) shall
be permitted only if--
``(I) the waiver applies to the smallest geographic
area necessary to address the extreme and unusual fuel
or fuel additive supply circumstance;
``(II) the waiver is effective for a period of 15
calendar days or, if the Administrator determines that
a shorter or longer waiver period is adequate, for the
shortest practicable time period necessary to permit
the correction of the extreme and unusual fuel or fuel
additive supply circumstances and to mitigate impact on
air quality;
``(III) the waiver permits a transitional period,
the duration of which shall be determined by the
Administrator, after the termination of the temporary
waiver to permit wholesalers and retailers to blend
down wholesale and retail inventory;
``(IV) the waiver applies to all persons in the
motor fuel distribution system; and
``(V) the Administrator has given public notice
regarding consideration by the Administrator of, and,
if applicable, the granting of, a waiver to all parties
in the motor fuel distribution system, State and local
regulators, public interest groups, and consumers in
the State or region to be covered by the waiver.
``(F) Affect on Waiver Authority.--Nothing in subparagraph (D)--
``(i) limits or otherwise affects the application of any
other waiver authority of the Administrator under this section
or a regulation promulgated pursuant to this section; or
``(ii) subjects any State or person to an enforcement
action, penalties, or liability solely arising from actions
taken pursuant to the issuance of a waiver under subparagraph
(D).''. | Motor Fuel Supply and Distribution Improvement Act - Amends the Clean Air Act to: (1) update provisions limiting the number of gasoline or diesel fuels allowed in a state implementation plan; and (2) allow a limited, temporary waiver of a control or prohibition of a fuel or fuel additive in circumstances that prevent the distribution of an adequate supply of such fuel or fuel additive to consumers. | {"src": "billsum_train", "title": "A bill to amend the Clean Air Act to improve motor fuel supply and distribution."} | 1,489 | 81 | 0.539353 | 1.283468 | 0.579947 | 2.826667 | 18.173333 | 0.906667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Relief Volunteer Protection
Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is in the national interest to encourage individuals
to volunteer to assist victims of national disasters.
(2) The exposure of potential volunteers, their employers,
and those who would use volunteers' services under existing law
to compensatory and punitive damages for negligent acts
discourages the provision of these services.
(3) The availability of damages in these circumstances for
actions that constitute gross negligence creates uncertainty
concerning the actual conduct that might cause liability to be
imposed on volunteers.
(4) Potential liability for acts of volunteers discourages
the employers or business partners of potential volunteers from
permitting those potential volunteers to provide disaster
relief services.
(5) Potential liability for acts of volunteers discourages
entities that might use the services provided by volunteers in
national disasters from doing so.
(6) Well-founded fear of liability under existing law for
providing goods discourages governmental and intergovernmental
entities from providing needed disaster relief goods.
(7) Well-founded fear of liability for punitive damages
under existing law discourages governmental and
intergovernmental entities from providing needed disaster
relief goods and discourages potential volunteers from
providing volunteer services to disaster victims.
(8) Fear of compensatory and punitive damages for providing
volunteer services deters potential volunteers from states
located outside the national disaster area from providing
volunteer services.
(9) Fear of compensatory and punitive damages for providing
volunteer services deters potential foreign volunteers from
providing disaster relief services.
(10) Any lessening of liability for volunteers providing
disaster relief services, their employers and business
partners, and entities utilizing their services should maintain
adequate incentives for each of these classes of persons or
entities to avoid causing harm.
(11) Unwillingness to provide volunteer services to
disaster victims in the face of uncertain liability
substantially affects, burdens, and deters interstate commerce
and travel.
(12) Unwillingness of employers and business partners to
allow their employees and business partners to provide disaster
relief services in the face of uncertain liability
substantially affects, burdens, and deters interstate commerce
and travel.
(13) Unwillingness of persons, entities, or organizations
to accept disaster relief services from volunteers in the face
of uncertain liability substantially affects, burdens, and
deters interstate commerce and travel.
(14) Unwillingness by foreigners to provide voluntary
disaster relief services in the face of uncertain liability
substantially affects, burdens, and deters foreign commerce and
travel.
(15) Unless Congress provides uniform standards to address
disasters that could occur in any State or combination of
states, potential volunteers and others will not be certain
which laws would govern their providing disaster relief
services, which would substantially affect, burden, and deter
interstate and foreign commerce and travel in the event of a
national disaster.
SEC. 3. DISASTER RELIEF VOLUNTEERS.
(a) Liability of Disaster Relief Volunteers.--A disaster relief
volunteer shall not be liable for any injury (including personal
injury, property damage or loss, and death) caused by an act or
omission of such volunteer in connection with such volunteer's
providing or facilitating the provision of disaster relief services
if--
(1) the injury was not caused by willful, wanton, or
reckless misconduct by the volunteer; and
(2) the injury was not caused by the volunteer's operating
a motor vehicle, vessel, aircraft, or other vehicle for which
the state requires the operator or the owner of the vehicle,
craft, or vessel to--
(A) possess an operator's license; or
(B) maintain insurance.
(b) Liability of Employer or Partner of Disaster Relief
Volunteer.--An employer or business partner of a disaster relief
volunteer shall not be liable for any act or omission of such volunteer
in connection with such volunteer's providing or facilitating the
provision of disaster relief services.
(c) Liability of Host or Enabling Person, Entity, or
Organization.--A person or entity, including a governmental entity,
that works with, accepts services from, or makes its facilities
available to a disaster relief volunteer to enable such volunteer to
provide disaster relief services shall not be liable for any act or
omission of such volunteer in connection with such volunteer's
providing such services.
(d) Liability of Nonprofit Organizations.--A nonprofit organization
shall not be liable for any injury (including personal injury, property
damage or loss, and death) caused by an act or omission in connection
with such nonprofit organization's providing or facilitating the
provision of disaster relief services if the injury was not caused by
willful, wanton, or reckless misconduct by the nonprofit organization.
(e) Liability of Governmental and Intergovernmental Entities for
Donations of Disaster Relief Goods.--A governmental or
intergovernmental entity that donates to an agency or instrumentality
of the United States disaster relief goods shall not be liable for any
injury (including personal injury, property damage or loss, and death)
caused by such donated goods if the injury was not caused by willful,
wanton, or reckless misconduct by such governmental or
intergovernmental entity.
(f) Limitation on Punitive and Noneconomic Damages Based on Actions
of Disaster Relief Volunteers and Governmental Donors.--
(1) Punitive damages.--Unless the claimant establishes by
clear and convincing evidence that its damages were proximately
caused by willful, wanton, or reckless misconduct by either--
(A) a disaster relief volunteer in any civil action
brought for injury caused by the volunteer's providing
or facilitating the provision of disaster relief
services; or
(B) a governmental or intergovernmental entity in
any civil action brought for injury caused by disaster
relief goods donated by such governmental or
intergovernmental entity;
punitive damages may not be awarded in any civil action against
such a volunteer or governmental entity.
(2) Noneconomic damages.--
(A) General rule.--In any civil action brought
against--
(i) a disaster relief volunteer for injury
caused by such volunteer's providing or
facilitating the provision of disaster relief
services; or
(ii) a governmental or intergovernmental
entity for injury caused by disaster relief
goods donated by such governmental entity;
liability for noneconomic loss, if permitted under
subsection (a) or (e) of this section, shall be
determined in accordance with this subparagraph.
(B) Amount of liability.--(i) The amount of
noneconomic loss allocated to the disaster relief
volunteer or governmental or intergovernmental entity
defendant shall be in direct proportion to the
percentage of responsibility of that defendant
(determined in accordance with clause (ii)) for the
harm to the claimant with respect to which that
defendant is liable. The court shall render a separate
judgment against each defendant in an amount determined
pursuant to this section.
(ii) For purposes of determining the amount of
noneconomic loss allocated to a defendant, the trier of
fact shall determine the percentage of responsibility
of each person or entity responsible for the claimant's
harm, whether or not such person or entity is a party
to the action.
(g) Construction.--Nothing in this section shall be construed to
abrogate or limit any protection that a volunteer, as defined in the
Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.), may be
entitled to under that Act. Neither shall anything in this section be
construed to confer any private right of action or to abrogate or limit
any protection with respect to either liability or damages that any
disaster relief volunteer or governmental or intergovernmental entity
may be entitled to under any other provision of law.
(h) Supplemental Declaration.--If a Disaster Declaration is issued,
the President, the Secretary of Health and Human Services, or the
Secretary of Homeland Security may issue a Supplemental Declaration
under this section.
(1) Temporal effect.--Such Supplemental Declaration may
provide that, for purposes of this section, such Disaster
Declaration shall have such temporal effect as the President or
the Secretary may deem necessary or appropriate to further the
public interest, including providing that such Disaster
Declaration shall have an effective date earlier than the date
of the declaration or determination of such Disaster
Declaration.
(2) Geographic and other conditions.--Such Supplemental
Declaration may provide that, for purposes of this section,
such Disaster Declaration shall have such geographic or other
conditions as the President or the Secretary may deem necessary
or appropriate to further the public interest.
(i) Licensing, Certification, and Authorization.--This section
shall not apply to a disaster relief volunteer where the disaster
relief service such volunteer provides is of a type that generally
requires a license, certificate, or authorization, and the disaster
relief volunteer lacks such license, certificate, or authorization,
unless--
(1) such volunteer is licensed, certified, or authorized to
provide such services in any State to the extent required, if
any, by the appropriate authorities of that State, even if such
State is not the State in which the disaster relief volunteer
provides disaster relief services; or
(2) otherwise specified in a Disaster Declaration or
Supplemental Declaration under this section.
(j) Definitions.--For purposes of this section:
(1) The term ``Disaster Declaration'' means--
(A) a public health emergency declaration by the
Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d);
(B) a declaration of a public health emergency or a
risk of such emergency as determined by the Secretary
of Homeland Security in accordance with clause (i) or
clause (ii) of section 2811(b)(3)(A) of such Act (42
U.S.C. 300hh-11(b)(3)(A)) and section 503(5) of the
Homeland Security Act of 2002 (6 U.S.C. 313(5)); or
(C) an emergency or major disaster declaration by
the President under section 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 or 5191).
(2) The term ``disaster relief volunteer'' means an
individual who provides disaster relief services in connection
with a Disaster Declaration without expectation or receipt of
compensation in exchange for providing such services.
(3) The term ``disaster relief services'' means services or
assistance provided in preparation for, response to, or
recovery from any event that is the subject of a Disaster
Declaration, including but not limited to health, medical, fire
fighting, rescue, reconstruction, and any other services or
assistance specified by a Supplemental Declaration under this
section as necessary or desirable to prepare for, respond to,
or recover from an event that is the subject of a Disaster
Declaration.
(4) The term ``disaster relief good'' means either--
(A) those goods provided in preparation for,
response to, or recovery from any event that is the
subject of a Disaster Declaration and reasonably
necessary to such preparation, response, or recovery;
or
(B) those goods defined by a Disaster Declaration
or Supplemental Declaration under this section.
(5) The term ``noneconomic loss'' means losses for physical
and emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment of
life, loss of society and companionship, loss of consortium
(other than loss of domestic service), hedonic damages, injury
to reputation, and all other nonpecuniary losses of any kind or
nature.
(6) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Northern Mariana
Islands, any other territory or possession of the United
States, or any political subdivision of any such State,
territory, or possession, and (for purposes of subsection (h))
any foreign country.
(7) The term ``compensation'' means monetary or other
compensation of any kind provided in exchange for an
individual's services, but does not include--
(A) reasonable reimbursement or allowance for
expenses actually incurred by such an individual;
(B) provision of reasonable supplies, lodging, or
transportation to such an individual; or
(C) such an individual's ordinary salary or
compensation paid by his or her employer while such
individual is on leave from his or her ordinary duties
with such employer in order to provide disaster relief
services. | Disaster Relief Volunteer Protection Act of 2006 - Provides liability protection for individuals who volunteer to assist victims of national disasters for any injury (including personal injury, property damage or loss, and death) caused by an act or omission in connection with disaster relief services provided or facilitated by the volunteer, if: (1) the injury was not caused by willful, wanton, or reckless misconduct; and (2) the injury was not caused by the volunteer's operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner to possess an operator's license or maintain insurance.
Extends such liability protection to: (1) the volunteer's employer, host, or enabling person, entity, or organization; (2) nonprofit organizations providing or facilitating disaster relief services; or (3) governmental or intergovernmental entity that donates disaster relief goods to a U.S. agency or instrumentality for any injury caused by such donated goods.
Prohibits the award of punitive damages in any civil action against a disaster relief volunteer or governmental or intergovernmental entity, unless willful, wanton, or reckless misconduct is established by clear and convincing evidence.
Provides for proportionate liability for noneconomic damages. | {"src": "billsum_train", "title": "To provide liability protection for individuals who volunteer to assist victims of national disasters."} | 2,684 | 261 | 0.599168 | 1.817067 | 0.670959 | 6.085837 | 10.866953 | 0.969957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ATM Fee Reform Act of 1996''.
SEC. 2. ELECTRONIC FUND TRANSFER FEE DISCLOSURES AT ANY HOST ATM.
Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b)
is amended--
(1) by striking ``(d) In the event'' and inserting ``(d)
Applicability to Service Providers Other Than Certain Financial
Institutions.--
``(1) In general.--In the event''; and
(2) by adding at the end the following new paragraph:
``(2) Fee disclosures at electronic terminals.--
``(A) In general.--The regulations prescribed under
paragraph (1) shall require any host electronic
terminal operator who imposes a fee on any consumer for
providing host transfer services to such consumer to
provide notice in accordance with subparagraph (B) to
the consumer (at the time the service is provided) of--
``(i) the fact that a fee is imposed by
such operator for providing the service; and
``(ii) the amount of any such fee.
``(B) Notice requirements.--The notice required
under subparagraph (A) with respect to any fee
described in such subparagraph shall--
``(i) be posted in a prominent and
conspicuous location on or at the electronic
terminal at which the electronic fund transfer
is initiated by the consumer; and
``(ii) appear on the screen of the
electronic terminal, or on a paper notice
issued from the terminal, after the transaction
is initiated and before the consumer is
irrevocably committed to completing the
transaction.
``(C) Prohibition on fees not properly disclosed
and explicitly assumed by consumer.--No fee may be
imposed by any host electronic terminal operator in
connection with any electronic fund transfer initiated
by a consumer for which a notice is required under
subparagraph (A), unless--
``(i) the consumer receives such notice in
accordance with subparagraph (B); and
``(ii) the consumer elects to continue in
the manner necessary to effect the transaction
after receiving such notice.
``(D) Definitions.--For purposes of this paragraph,
the following definitions shall apply:
``(i) Electronic fund transfer.--The term
`electronic fund transfer' includes a
transaction which involves a balance inquiry
initiated by a consumer in the same manner as
an electronic fund transfer, whether or not the
consumer initiates a transfer of funds in the
course of the transaction.
``(ii) Host electronic terminal operator.--
The term `host electronic terminal operator'
means any person who--
``(I) operates an electronic
terminal at which consumers initiate
electronic fund transfers; and
``(II) is not the financial
institution which holds the account of
any such consumer from which the
transfer is made.
``(iii) Host transfer services.--The term
`host transfer services' means any electronic
fund transfer made by a host electronic terminal operator in connection
with a transaction initiated by a consumer at an electronic terminal
operated by such operator.''.
SEC. 3. AGENCY REPORTS OF COMPLIANCE WITH REGULATION E.
(a) In General.--Section 918 of the Electronic Fund Transfer Act
(15 U.S.C. 1693p) is amended by adding at the end the following new
subsection:
``(c) Compliance and Trends.--
``(1) Regulation e compliance reports.--Each agency
responsible under section 917 for enforcing compliance with the
requirements imposed under this title shall submit an annual
report to the Congress on the degree to which entities which
are subject to the jurisdiction of such agency under this title
are in compliance with regulations prescribed by the Board
under section 904(d).
``(2) Trends in fees imposed by host atm operators.--Each
report submitted by an agency pursuant to paragraph (1) shall
include a description of any discernible trend, in the Nation
as a whole and in each region--
``(A) in the imposition of fees for which notices
are required under section 904(d)(2); and
``(B) in the rate of compliance with regulations
prescribed pursuant to such section.
``(3) Separate submission not required.--The information
required to be submitted to the Congress under this subsection
may be included in any other annual report submitted to the
Congress by such agency.''.
SEC. 4. DISCLOSURE OF POSSIBLE FEES TO CONSUMERS WHEN ATM CARD IS
ISSUED.
Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i)
is amended by adding at the end the following new subsection:
``(d) Disclosure of Possible EFT Fees.--Whenever a card, code, or
other means of access to a consumer's account is issued for the purpose
of initiating electronic fund transfers from such account, the person
issuing the card, code, or other means of access shall provide a
written notice to the accountholder that a fee may be imposed by--
``(1) a host electronic terminal operator (as defined in
section 904(d)(2)(D)(ii)) if the consumer initiates a transfer
from an electronic terminal which is not operated by the person
issuing the card or other means of access; and
``(2) any national, regional, or local network utilized to
effect the transaction.''.
SEC. 5. FEASIBILITY STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the feasibility of prohibiting the imposition of any
fee by any person in connection with any electronic fund transfer
initiated by a consumer through the use of an electronic terminal
unless--
(1) a notice is provided to the consumer before the
consumer is irrevocably committed to completing the
transaction, which clearly states the amount of any fee which
will be imposed upon the consummation of the transaction by--
(A) any host electronic terminal operator (as
defined in section 904(d)(2)(D)(ii) of the Electronic
Fund Transfer Act) involved in the transaction;
(B) the financial institution holding the account
of the consumer;
(C) any national, regional, or local network
utilized to effect the transaction; and
(D) any other party involved in the transfer; and
(2) the consumer elects to consummate the transaction after
receiving the notice described in paragraph (1).
(b) Factors To Be Considered.--In conducting the study required
under subsection (a) with regard to the notice requirement described in
such subsection, the Comptroller General shall consider the following
factors:
(1) The availability of appropriate technology.
(2) Implementation and operating costs.
(3) The competitive impact any such notice requirement
would have on various sizes and types of institutions, if
implemented.
(4) The period of time which would be reasonable for
implementing any such notice requirement.
(5) The extent to which consumers would benefit from any
such notice requirement.
(6) Any other factor the Comptroller General determines to
be appropriate in analyzing the feasibility of imposing any
such notice requirement.
(c) Report to the Congress.--Before the end of the 6-month period
beginning on the date of the enactment of this Act, the Comptroller
General shall submit a report to the Congress containing--
(1) the findings and conclusions of the Comptroller General
in connection with the study required under subsection (a); and
(2) the recommendation of the Comptroller General with
regard to the question of whether a notice requirement
described in subsection (a) should be implemented and, if so,
how such requirement should be implemented. | ATM Fee Reform Act of 1996 - Amends the Electronic Fund Transfer Act to mandate fee disclosures at the time of service by any host electronic terminal operator which imposes a fee for providing host transfer services to a consumer.
Requires each agency responsible for compliance enforcement under the Act to report annually to the Congress on compliance and on regional and national trends in fees imposed by host ATM operators.
Mandates the disclosure to consumers whenever an electronic means of accessing the consumer's account is issued of possible fees for initiating electronic fund transfers.
Requires the Comptroller General to study the feasibility of prohibiting the imposition of an electronic fund transfer fee unless notice has been provided before the consumer is irrevocably committed to completing the transaction. | {"src": "billsum_train", "title": "ATM Fee Reform Act of 1996"} | 1,718 | 162 | 0.662873 | 1.856546 | 0.822385 | 3.095588 | 11.433824 | 0.904412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Frontline Health Care Act
of 2015''.
SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended--
(1) by redesignating the second subpart XI (as added by
section 10333 of Public Law 111-148) as subpart XII;
(2) by redesignating the second section 340H (as added by
such section 10333) as section 340I; and
(3) by adding at the end the following:
``Subpart XIII--Frontline Health Care Services
``SEC. 340J. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
``(a) In General.--The Secretary shall establish and carry out a
Frontline Providers Loan Repayment Program (in this section referred to
as the `Loan Repayment Program') under which, pursuant to contracts in
accordance with this section--
``(1) the Secretary agrees to make student loan repayments;
and
``(2) the individual agrees to serve as a health
professional for a period of full-time service of not less than
2 years at a health care facility serving a frontline care
scarcity area.
``(b) Eligibility.--To be eligible to participate in the Loan
Repayment Program, an individual must--
``(1) submit an application to participate in the Loan
Repayment Program in such form and manner and at such time as
specified by the Secretary; and
``(2) sign and submit to the Secretary, at the time of
submittal of such application, a written contract (described in
subsection (d)).
``(c) Participation in Program.--
``(1) In general.--An individual becomes a participant in
the Loan Repayment Program only upon the approval of the
Secretary of the individual's application submitted under
subsection (b)(1) and the Secretary's acceptance of the
contract submitted by the individual under subsection (b)(2).
``(2) Preference.--In awarding contracts under this
section, the Secretary shall give preference to applicants who
have undertaken training or coursework in interdisciplinary
studies.
``(3) Recruitment for interdisciplinary programs.--The
Secretary shall--
``(A) determine the frontline care scarcity areas
in which to place contract recipients under this
section; and
``(B) in making such determination, give preference
to areas with a demonstrated program of
interdisciplinary health care, or with demonstrated
plans to initiate interdisciplinary approaches to
community health care.
``(4) Notice.--The Secretary shall provide written notice
to an individual promptly upon the Secretary's approving, under
paragraph (1), of the individual's participation in the Loan
Repayment Program.
``(d) Contract.--The contract described in this subsection is a
written contract between the Secretary and an individual that
contains--
``(1) an agreement that--
``(A) the Secretary agrees to provide the
individual with student loan repayment (described in
subsection (e)) for a period of time as determined by
the Secretary, to pay off debts incurred during the
course of the study or program described in subsection
(g)(2)(B); and
``(B) the individual agrees--
``(i) to accept provision of such a student
loan repayment to the individual; and
``(ii) to provide frontline care services
for a period of full-time service of not less
than 2 years at a health care facility serving
a frontline care scarcity area;
``(2) a provision that any financial obligation of the
United States arising out of a contract entered into under this
section and any obligation of the individual which is
conditioned thereon, is contingent upon funds being
appropriated for student loan repayment under this section;
``(3) a statement of the damages to which the United States
is entitled, under subsection (f), for the individual's breach
of the contract; and
``(4) such other statements as the Secretary deems
appropriate of the rights and liabilities of the Secretary and
of the individual, not inconsistent with the provisions of this
section.
``(e) Student Loan Repayment.--
``(1) Amount.--The amount of an annual student loan
repayment under this section on behalf of an individual shall
be determined by the Secretary, and shall take into
consideration the need to pay a sufficient amount to enable
recruiting of health care providers into the loan repayment
program under this section.
``(2) Payments directly to loan provider.--The Secretary
may contract with an individual's loan provider, for the
payment to the loan provider, on behalf of the individual, of
the amounts of a student loan repayment described in paragraph
(1).
``(f) Breach of Contract.--If an individual breaches a written
contract under this section by failing to begin such individual's
service obligation, or to complete such service obligation, the United
States shall be entitled to recover from the individual an amount that
is equal to the sum of--
``(1) the total amount which has been paid to the
individual, or on behalf of the individual, under the contract;
and
``(2) any amount of interest, as determined by the
Secretary.
``(g) Definitions.--In this section:
``(1) The term `frontline care scarcity area' means an
area, population group, or facility that--
``(A) is designated as a health professional
shortage area under section 332; or
``(B) is designated by the State in which the area
is located as having a shortage of frontline care
services.
``(2) The term `frontline care services' means health care
services--
``(A) in the field of general surgery, optometry,
ophthalmology, chiropractic, physical therapy,
audiology, speech language pathology, pharmacies,
public health, podiatric medicine, dietetics,
occupational therapy, general pediatrics, respiratory
therapy, medical technology, otolaryngology, or
radiologic technology; and
``(B) provided by a general surgeon, optometrist,
ophthalmologist, chiropractor, physical therapist,
audiologist, speech language pathologist, pharmacist,
public health professional, podiatric physician,
registered dietician, occupational therapist,
pediatrician, respiratory therapist, medical
technologist, otolaryngologist, or radiologic
technologist who has completed an appropriate course of
study or program, offered by an accredited institution
of higher education in the United States.
``(h) Implementation.--The Secretary shall begin implementation of
the loan repayment program under this section within 180 days of the
date of the enactment of this section.''. | Access to Frontline Health Care Act of 2015 This bill amends the Public Health Service Act to direct the Department of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program under which HHS makes student loan repayments in exchange for a health professional providing frontline care services for two years in a frontline care scarcity area. Frontline care services include surgery, optometry, physical therapy, pharmacies, public health, dietetics, occupational therapy, pediatrics, and medical technology. Frontline care scarcity areas are federal health professional shortage areas and areas, populations, or facilities designated by a state as having a shortage of frontline care services. | {"src": "billsum_train", "title": "Access to Frontline Health Care Act of 2015"} | 1,506 | 151 | 0.568686 | 1.567742 | 0.680387 | 2.772358 | 11.268293 | 0.869919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Cybersecurity Enhancement Act of 2004''.
SEC. 2. ASSISTANT SECRETARY FOR CYBERSECURITY.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY.
``(a) In General.--There shall be in the Directorate for
Information Analysis and Infrastructure Protection a National
Cybersecurity Office headed by an Assistant Secretary for Cybersecurity
(in this section referred to as the `Assistant Secretary'), who shall
assist the Secretary in promoting cybersecurity for the Nation.
``(b) General Authority.--The Assistant Secretary, subject to the
direction and control of the Secretary, shall have primary authority
within the Department for all cybersecurity-related critical
infrastructure protection programs of the Department, including with
respect to policy formulation and program management.
``(c) Responsibilities.--The responsibilities of the Assistant
Secretary shall include the following:
``(1) To establish and manage--
``(A) a national cybersecurity response system that
includes the ability to--
``(i) analyze the effect of cybersecurity
threat information on national critical
infrastructure; and
``(ii) aid in the detection and warning of
attacks on, and in the restoration of,
cybersecurity infrastructure in the aftermath
of such attacks;
``(B) a national cybersecurity threat and
vulnerability reduction program that identifies
cybersecurity vulnerabilities that would have a
national effect on critical infrastructure, performs
vulnerability assessments on information technologies,
and coordinates the mitigation of such vulnerabilities;
``(C) a national cybersecurity awareness and
training program that promotes cybersecurity awareness
among the public and the private sectors and promotes
cybersecurity training and education programs;
``(D) a government cybersecurity program to
coordinate and consult with Federal, State, and local
governments to enhance their cybersecurity programs;
and
``(E) a national security and international
cybersecurity cooperation program to help foster
Federal efforts to enhance international cybersecurity
awareness and cooperation.
``(2) To coordinate with the private sector on the program
under paragraph (1) as appropriate, and to promote
cybersecurity information sharing, vulnerability assessment,
and threat warning regarding critical infrastructure.
``(3) To coordinate with other directorates and offices
within the Department on the cybersecurity aspects of their
missions.
``(4) To coordinate with the Under Secretary for Emergency
Preparedness and Response to ensure that the National Response
Plan developed pursuant to section 502(6) of the Homeland
Security Act of 2002 (6 U.S.C. 312(6)) includes appropriate
measures for the recovery of the cybersecurity elements of
critical infrastructure.
``(5) To develop processes for information sharing with the
private sector, consistent with section 214, that--
``(A) promote voluntary cybersecurity best
practices, standards, and benchmarks that are
responsive to rapid technology changes and to the
security needs of critical infrastructure; and
``(B) consider roles of Federal, State, local, and
foreign governments and the private sector, including
the insurance industry and auditors.
``(6) To coordinate with the Chief Information Officer of
the Department in establishing a secure information sharing
architecture and information sharing processes, including with
respect to the Department's operation centers.
``(7) To consult with the Electronic Crimes Task Force of
the United States Secret Service on private sector outreach and
information activities.
``(8) To consult with the Office for Domestic Preparedness
to ensure that realistic cybersecurity scenarios are
incorporated into tabletop and recovery exercises.
``(9) To consult and coordinate, as appropriate, with other
Federal agencies on cybersecurity-related programs, policies,
and operations.
``(10) To consult and coordinate within the Department and,
where appropriate, with other relevant Federal agencies, on
security of digital control systems, such as Supervisory
Control and Data Acquisition (SCADA) systems.
``(d) Authority Over the National Communications System.--The
Assistant Secretary shall have primary authority within the Department
over the National Communications System.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to
subtitle A of title II the following:
``203. Assistant Secretary for Cybersecurity.''.
SEC. 3. CYBERSECURITY DEFINED.
Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is
amended by adding at the end the following:
``(17)(A) The term `cybersecurity' means the prevention of
damage to, the protection of, and the restoration of computers,
electronic communications systems, electronic communication
services, wire communication, and electronic communication,
including information contained therein, to ensure its
availability, integrity, authentication, confidentiality, and
nonrepudiation.
``(B) In this paragraph--
``(i) each of the terms `damage' and `computer' has
the meaning that term has in section 1030 of title 18,
United States Code; and
``(ii) each of the terms `electronic communications
system', `electronic communication service', `wire
communication', and `electronic communication' has the
meaning that term has in section 2510 of title 18,
United States Code.''. | Department of Homeland Security Cybersecurity Enhancement Act of 2004 - Amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security's (DHS) Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office, headed by an Assistant Secretary for Cybersecurity, who shall assist the Secretary in promoting cybersecurity for the Nation. Grants the Assistant Secretary primary authority within DHS for all cybersecurity-related critical infrastructure programs of DHS.
Includes among the responsibilities of the Assistant Secretary to: (1) establish and manage a national cybersecurity response system, a national cybersecurity threat and vulnerability reduction program, a national cybersecurity awareness and training program, a government cybersecurity program, and a national security and international cybersecurity cooperation program; (2) coordinate specified activities with the private sector, with other directorates and offices within DHS (including with the Chief Information Officer), and with the Under Secretary for Emergency Preparedness and Response; (3) develop processes for information sharing with the private sector; (4) consult with the Secret Service's Electronic Crimes Task Force on private sector outreach and information activities and with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises; and (5) consult and coordinate with other Federal agencies on cybersecurity-related programs, policies, and operations and with other relevant Federal agencies and within DHS on security of digital control systems.
Grants the Assistant Secretary primary authority within DHS over the National Communications System. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to enhance cybersecurity, and for other purposes."} | 1,180 | 303 | 0.752123 | 2.150542 | 1.051054 | 4.200717 | 4.053763 | 0.960573 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unborn Victims of Violence Act of
2004'' or ``Laci and Conner's Law''.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 90 the following:
``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
``Sec.
``1841. Protection of unborn children.
``Sec. 1841. Protection of unborn children
``(a)(1) Whoever engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes the death
of, or bodily injury (as defined in section 1365) to, a child, who is
in utero at the time the conduct takes place, is guilty of a separate
offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided under Federal law for that conduct had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying offense
was pregnant; or
``(ii) the defendant intended to cause the death of, or bodily
injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall instead
of being punished under subparagraph (A), be punished as provided under
sections 1111, 1112, and 1113 of this title for intentionally killing
or attempting to kill a human being.
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are the
following:
``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242,
245, 247, 248, 351, 831, 844(d), (f), (h)(1),and (i), 924(j), 930,
1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a),
1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952
(a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114,
2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281,
2332, 2332a, 2332b, 2340A, and 2441 of this title.
``(2) Section 408(e) of the Controlled Substances Act of 1970
(21 U.S.C. 848(e)).
``(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C.
2283).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized by
law to act on her behalf, has been obtained or for which such
consent is implied by law;
``(2) of any person for any medical treatment of the pregnant
woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) As used in this section, the term `unborn child' means a
child in utero, and the term `child in utero' or `child, who is in
utero' means a member of the species homo sapiens, at any stage of
development, who is carried in the womb.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 90 the following new item:
``90A. Protection of unborn children.............................1841''.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) Protection of Unborn Children.--Subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 919 (article 119) the following new
section:
``Sec. 919a. Art. 119a. Death or injury of an unborn child
``(a)(1) Any person subject to this chapter who engages in conduct
that violates any of the provisions of law listed in subsection (b) and
thereby causes the death of, or bodily injury (as defined in section
1365 of title 18) to, a child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under this section and
shall, upon conviction, be punished by such punishment, other than
death, as a court-martial may direct, which shall be consistent with
the punishments prescribed by the President for that conduct had that
injury or death occurred to the unborn child's mother.
``(2) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying offense
was pregnant; or
``(ii) the accused intended to cause the death of, or bodily
injury to, the unborn child.
``(3) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall, instead
of being punished under paragraph (1), be punished as provided under
sections 880, 918, and 919(a) of this title (articles 80, 118, and
119(a)) for intentionally killing or attempting to kill a human being.
``(4) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are sections
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title
(articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized by
law to act on her behalf, has been obtained or for which such
consent is implied by law;
``(2) of any person for any medical treatment of the pregnant
woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section, the term `unborn child' means a child in
utero, and the term `child in utero' or `child, who is in utero' means
a member of the species homo sapiens, at any stage of development, who
is carried in the womb.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 919 the following new item:
``919a. 119a. Death or injury of an unborn child.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Unborn Victims of Violence Act of 2004 or Laci and Conner's Law - Provides that persons who commit certain Federal violent crimes (conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (UCMJ) ) and thereby cause the death of, or bodily injury to, a child who is in utero shall be guilty of a separate offense. Requires the punishment for that separate offense to be the same as provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother (or in the case of a UCMJ violation, to be such punishment as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for such conduct had that injury or death occurred to the unborn child's mother).
Declares that such a separate offense does not require proof that: (1) the person who committed the offense knew or should have known that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to harm the unborn child. Prohibits imposition of the death penalty for such an offense. Bars prosecution under this Act: (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman (or a person authorized by law to act on her behalf) has been obtained or is implied by law or for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (2) of any woman with respect to her unborn child. | {"src": "billsum_train", "title": "To amend title 18, United States Code, and the Uniform Code of Military Justice to protect unborn children from assault and murder, and for other purposes."} | 1,755 | 356 | 0.607732 | 1.981696 | 0.755211 | 4.894904 | 4.952229 | 0.926752 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Improvements Act of 2009''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out
grant programs under which the Attorney General makes grants to States,
units of local government, Indian tribal governments, other public and
private entities, multi-jurisdictional or regional consortia, and
individuals for the purposes described in subsections (b), (c), (d),
and (e). Grants under this subsection shall be awarded on a competitive
basis.'';
(2) in subsection (b)--
(A) by striking the subsection heading text and
inserting ``Community Policing and Crime Prevention
Grants'';
(B) in paragraph (3), by striking ``, to increase
the number of officers deployed in community-oriented
policing'';
(C) by amending paragraph (4) to read as follows:
``(4) award grants to pay for or train officers hired to
perform intelligence, anti-terror, or homeland security
duties;'';
(D) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to combat crime,
gangs, drug activities, and other problems in and around
elementary and secondary schools;'';
(E) by striking paragraph (9);
(F) by redesignating paragraphs (10) through (12)
as paragraphs (9) through (11), respectively;
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14) through (17)
as paragraphs (12) through (15), respectively;
(I) in paragraph (14), as so redesignated, by
striking ``and'' at the end;
(J) in paragraph (15), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(K) by adding at the end the following:
``(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution,
and use, including the manufacturing, distribution, and use of
methamphetamine;
``(17) hire and rehire civilian forensic analysts and
laboratory personnel;
``(18) establish criminal gang enforcement task forces,
consisting of members of Federal, State, and local law
enforcement authorities (including Federal, State, and local
prosecutors), for the coordinated investigation, disruption,
apprehension, and prosecution of criminal gangs and offenders
involved in local or multi-jurisdictional gang activities; and
``(19) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs.'';
(3) by striking subsection (c);
(4) by striking subsections (h) and (i);
(5) by redesignating subsections (d) through (g) as
subsections (f) through (i), respectively;
(6) by inserting after subsection (b) the following:
``(c) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who has been honorably discharged from the Armed
Forces of the United States.
``(d) Community Prosecutors Program.--The Attorney General may make
grants under subsection (a) to pay for additional community prosecuting
programs, including programs that assign prosecutors to--
``(1) handle cases from specific geographic areas; and
``(2) address counter-terrorism problems, specific violent
crime problems (including intensive illegal gang, gun, and drug
enforcement) and quality of life initiatives, and localized
violent and other crime problems based on needs identified by
local law enforcement agencies, community organizations, and
others.
``(e) Technology Grants.--The Attorney General may make grants
under subsection (a) to develop and use new technologies (including
interoperable communications technologies, modernized criminal record
technology, and forensic technology) to assist State and local law
enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime and to train law enforcement
officers to use such technologies.'';
(7) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``to States,
units of local government, Indian tribal governments,
and to other public and private entities,'';
(B) in paragraph (2), by striking ``define for
State and local governments, and other public and
private entities,'' and inserting ``establish'';
(C) in the first sentence of paragraph (3), by
inserting ``(including regional community policing
institutes)'' after ``training centers or facilities'';
and
(D) by adding at the end the following:
``(4) Exclusivity.--The Office of Community Oriented
Policing Services shall be the exclusive component of the
Department of Justice to perform the functions and activities
specified in this part.'';
(8) in subsection (g), as so redesignated, by striking
``may utilize any component'', and all that follows and
inserting ``shall use the Office of Community Oriented Policing
Services of the Department of Justice in carrying out this
part.'';
(9) in subsection (h), as so redesignated--
(A) by striking ``subsection (a)'' the first place
that term appears and inserting ``paragraphs (1) and
(2) of subsection (b)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year
for purposes described in paragraph (1) and (2) of
subsection (b)'';
(10) in subsection (i), as so redesignated--
(A) by striking ``the Federal share shall decrease
from year to year for up to 5 years'' and inserting
``unless the Attorney General waives the non-Federal
contribution requirement as described in the preceding
sentence, the non-Federal share of the costs of hiring
or rehiring such officers may be less than 25 percent
of such costs for any year during the grant period,
provided that the non-Federal share of such costs shall
not be less than 25 percent in the aggregate for the
entire grant period, but the State or local government
should make an effort to increase the non-Federal share
of such costs during the grant period''; and
(B) by adding at the end the following new
sentence: ``The preceding sentences shall not apply
with respect to any program, project, or activity
provided by a grant made pursuant to subsection
(b)(4).''; and
(11) by adding at the end the following:
``(j) Retention of Additional Officer Positions.--For any grant
under paragraph (1) or (2) of subsection (b) for hiring or rehiring
career law enforcement officers, a grant recipient shall retain each
additional law enforcement officer position created under that grant
for not less than 12 months after the end of the period of that grant,
unless the Attorney General waives, wholly or in part, the retention
requirement of such grant.
``(k) Treatment of Grant for Hiring Civilian Forensic Analysts and
Laboratory Personnel.--A grant awarded under this section for hiring
and rehiring of civilian forensic analysts and laboratory personnel (in
accordance with paragraph (17) of subsection (b)) shall be subject to
the same treatment, limitations, and renewal requirements under this
part as grants awarded under this section for hiring and rehiring of
career law enforcement personnel (in accordance with paragraphs (1) and
(2) of subsection (b)).''.
(b) Applications.--Section 1702 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``, unless waived by the Attorney General''
after ``under this part shall''; and
(B) in paragraph (8), by striking ``share of the
cost'' and all that follows and inserting ``share of
the costs during the grant period, how the applicant
will maintain the increased hiring level of the law
enforcement officers, and how the applicant will
eventually assume responsibility for all of the costs
for such officers;''; and
(2) by striking subsection (d).
(c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as
follows:
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--Except as provided in subsection (b), a grant
made under this part may be renewed, without limitations on the
duration of such renewal, to provide additional funds if the Attorney
General determines that the funds made available to the recipient were
used in a manner required under an approved application and if the
recipient can demonstrate significant progress in achieving the
objectives of the initial application.
``(b) Grants for Hiring.--Grants made under this part for hiring or
rehiring additional career law enforcement officers may be renewed for
up to 5 years, except that the Attorney General may waive such 5-year
limitation for good cause.
``(c) No Cost Extensions.--Notwithstanding subsections (a) and (b),
the Attorney General may extend a grant period, without limitations as
to the duration of such extension, to provide additional time to
complete the objectives of the initial grant award.''.
(d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended--
(1) in subsection (a)--
(A) by striking ``that would, in the absence of
Federal funds received under this part, be made
available from State or local sources'' and inserting
``that the Attorney General determines would, in the
absence of Federal funds received under this part, be
made available for the purpose of the grant under this
part from State or local sources''; and
(B) by adding at the end the following new
sentence: ``The preceding sentence shall not apply with
respect to funds made available under this part by a
grant made pursuant to subsection (a) for the purposes
described in subsection (b)(4).''; and
(2) by striking subsection (c).
(e) Study of Program Effectiveness.--Section 1705 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-4) is
amended by adding at the end the following new subsection:
``(d) Study of Program Effectiveness.--
``(1) In general.--The Attorney General shall provide for a
scientific study of the effectiveness of the programs,
projects, and activities funded under this part in reducing
crime. Such study shall include identified best practices for
community policing that have demonstrated results for building
and strengthening the relationship between police departments
and the communities such departments serve.
``(2) Study.--The Attorney General shall select one or more
institutions of higher education, including historically Black
colleges and universities, to conduct the study described in
paragraph (1).
``(3) Reports.--Not later than 4 years after the date of
the enactment of the COPS Improvements Act of 2009, the
institution or institutions selected under paragraph (2) shall
report the findings of the study described in paragraph (1) to
the Attorney General. Not later than 30 days after the receipt
of such report, the Attorney General shall report such findings
to the appropriate committees of Congress, along with any
recommendations the Attorney General may have relating to the
effectiveness of the programs, projects, and activities funded
under this part in reducing crime.''.
(f) Enforcement Actions.--Section 1706 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended--
(1) in the section heading, by striking ``revocation or
suspension of funding'' and inserting ``enforcement actions'';
and
(2) by striking ``revoke or suspend'' and all that follows
and inserting ``take any enforcement action available to the
Department of Justice.''.
(g) Definitions.--Section 1709(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended by
inserting ``who is a sworn law enforcement officer'' after ``permanent
basis''.
(h) Authorization of Appropriations.--Section 1001(a)(11) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(11)) is amended--
(1) in subparagraph (A), by striking ``1,047,119,000 for
each of fiscal years 2006 through 2009'' and inserting
``1,800,000,000 for each of fiscal years 2009 through 2014'';
and
(2) in subparagraph (B)--
(A) in the first sentence, by striking ``3 percent
may be used for technical assistance under section
1701(d)'' and inserting ``5 percent may be used for
technical assistance under section 1701(f)''; and
(B) by striking the second sentence and inserting
the following: ``Of the funds available for grants
under part Q, not less than $1,250,000,000 shall be
used for grants for the purposes specified in section
1701(b), not more than $200,000,000 shall be used for
grants under section 1701(d), and not more than
$350,000,000 shall be used for grants under section
1701(e).''.
(i) Purposes.--Section 10002 of the Public Safety Partnership and
Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended--
(1) in paragraph (4), by striking ``development'' and
inserting ``use''; and
(2) in the matter following paragraph (4), by striking
``for a period of 6 years''.
(j) COPS Program Improvements.--
(1) In general.--Section 109(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is
amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by
inserting ``, except for the program under part Q of
this title'' before the period.
(2) Law enforcement computer systems.--Section 107 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712f) is amended by adding at the end the following:
``(c) Exception.--This section shall not apply to any grant made
under part Q of this title.''.
(k) Effective Date.--This section and the amendments made by this
section shall apply with respect to grants awarded under part Q of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.) on or after the date of enactment of this Act.
SEC. 3. REPORT BY INSPECTOR GENERAL REQUIRED.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Justice shall submit to Congress a report on the Public Safety and
Community Policing (``COPS ON THE BEAT'') grant program authorized by
part Q of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd et seq.), including the elements described in
subsection (b).
(b) Elements of Report.--The report submitted under subsection (a)
shall include information on the following, with respect to the grant
program described in such subsection:
(1) The effect of the program on the rate of violent crime,
drug offenses, and other crimes.
(2) The degree to which State and local governments awarded
a grant under the program contribute State and local funds,
respectively, for law enforcement programs and activities.
(3) Any waste, fraud, or abuse within the program.
(c) Random Sampling Required.--For purposes of subsection (a), the
Inspector General of the Department of Justice shall audit and review a
random sampling of State and local law enforcement agencies. Such
sampling shall include--
(1) law enforcement agencies of various sizes;
(2) law enforcement agencies that serve various
populations; and
(3) law enforcement agencies that serve areas of various
crime rates.
Passed the House of Representatives April 23, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | COPS Improvements Act of 2009 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make competitive grants under the public safety and community policing grant program (COPS grant program) to states, local and Indian tribal governments, other public and private entities, multi-jurisdictional or regional consortia, and individuals to: (1) train officers hired to perform intelligence, anti-terror, or homeland security duties; (2) hire school resource officers and establish local partnerships to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (3) establish and implement innovative programs to reduce and prevent illegal drug activities, including the manufacturing, distribution, and use of methamphetamine; (4) hire and rehire civilian forensic analysts and laboratory personnel; (5) establish criminal gang enforcement task forces; and (6) meet emerging law enforcement needs.
Authorizes the use of COPS grants to hire honorably discharged members of the Armed Forces to serve as career law enforcement officers.
Authorizes the Attorney General to make grants for: (1) assigning prosecutors to handle cases from specific geographic areas and to address counter-terrorism problems and violent crime in local communities; and (2) developing new technologies to assist state and local law enforcement agencies in crime prevention and training.
Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under the COPS grant program.
Authorizes the Attorney General to extend grant periods and to renew grants if the grant recipient can demonstrate significant progress in achieving the objectives of the initial grant application.
Directs the Attorney General to provide for a scientific study of the effectiveness of the programs, projects, and activities under the grant program in reducing crime.
Increases and extends the authorization of appropriations for the COPS grant program for FY2009-FY2014.
(Sec. 3) Requires the Inspector General of the Department of Justice (DOJ) to report to Congress on the effect of the COPS grant program on the rate of violent crime, drug offenses, and other crimes, the degree to which state and local government grant recipients contribute funds for law enforcement programs and activities, and any waste, fraud, or abuse within the program. Requires the Inspector General, in making such report, to audit and review a random sampling of state and local law enforcement agencies. | {"src": "billsum_train", "title": "To amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes."} | 3,891 | 521 | 0.653166 | 2.087135 | 0.741396 | 4.517241 | 7.747845 | 0.952586 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Mynisha's Law''.
SEC. 2. FINDINGS.
Congress finds--
(1) with an estimated 26,500 gangs operating within the
United States, gang violence and drug trafficking remain
serious problems throughout the country, causing injury and
death to innocent victims, often children;
(2) on November 13, 2005, a gang-related dispute broke out
in San Bernardino, California, and gunfire sprayed an apartment
building, killing 11-year-old Mynisha Crenshaw and seriously
wounding her 14-year-old sister as they ate Sunday dinner with
their family;
(3) this tragic shooting symbolizes the struggle that so
many communities across the United States, like San Bernardino,
face in combating gang violence, and serves as a reminder of
the nationwide problem of protecting children from senseless
violence;
(4) according to the National Drug Threat Assessment,
criminal street gangs are responsible for the distribution of
much of the cocaine, methamphetamine, heroin, and other illegal
drugs throughout the United States;
(5) the Federal Government has made an increased commitment
to the suppression of gang violence through enhanced law
enforcement and criminal penalties; and
(6) more Federal resources and coordination are needed to
reduce gang violence through proven and proactive prevention
and intervention programs that focus on keeping at-risk youth
in school and out of the criminal justice system.
SEC. 3. DESIGNATION AS A HIGH INTENSITY GANG ACTIVITY AREA.
(a) In General.--A unit of local government, city, county, tribal
government, or a group of counties (whether located in 1 or more
States) may submit an application to the Attorney General for
designation as a High Intensity Gang Activity Area.
(b) Criteria.--
(1) In general.--The Attorney General shall establish
criteria for reviewing applications submitted under subsection
(a).
(2) Considerations.--In establishing criteria under
subsection (a) and evaluating an application for designation as
a High Intensity Gang Activity Area, the Attorney General shall
consider--
(A) the current and predicted levels of gang crime
activity in the area;
(B) the extent to which violent crime in the area
appears to be related to criminal gang activity;
(C) the extent to which the area is already engaged
in local or regional collaboration regarding, and
coordination of, gang prevention activities; and
(D) such other criteria as the Attorney General
determines to be appropriate.
SEC. 4. PURPOSE OF THE TASK FORCE.
(a) In General.--In order to coordinate Federal assistance to High
Intensity Gang Activity Areas, the Attorney General shall establish an
Interagency Gang Prevention Task Force (in this Act referred to as the
``Task Force'') in each such area, consisting of a representative
from--
(1) the Department of Justice;
(2) the Department of Education;
(3) the Department of Labor;
(4) the Department of Health and Human Services; and
(5) the Department of Housing and Urban Development.
(b) Coordination.--For each High Intensity Gang Activity Area
designated by the Attorney General under section 3, the Task Force
shall--
(1) coordinate the activities of the Federal Government to
create a comprehensive gang prevention response, focusing on
early childhood intervention, at-risk youth intervention,
literacy, employment, community policing, and comprehensive
community-based programs such as Operation Cease Fire; and
(2) coordinate its efforts with local and regional gang
prevention efforts.
(c) Programs.--Each Task Force shall prioritize the needs of a High
Intensity Gang Activity Area for funding under--
(1) the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.);
(2) the Even Start programs under subpart 3 of part B of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6381 et seq.);
(3) the Healthy Start Initiative under section 330H of the
Public Health Services Act (42 U.S.C. 254c-8);
(4) the Head Start Act (42 U.S.C. 9831 et seq.);
(5) the 21st Century Community Learning Centers program
under part B of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7171 et seq.);
(6) the Job Corps program under subtitle C of title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.);
(7) the community development block grant program under
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.);
(8) the Gang Resistance Education and Training projects
under subtitle X of title III of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13921);
(9) any program administered by the Office of Community
Oriented Policing Services;
(10) the Juvenile Accountability Block Grant program under
part R of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ee et seq.);
(11) the Edward Byrne Memorial Justice Assistance Grant
Program 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.); and
(12) any other program that the Task Force determines to be
appropriate.
(d) Reporting Requirements.--
(1) Annual task force reports to ag.--Not later than
September 1 of each year, each Task Force shall submit to the
Attorney General a report on the funding needs and programmatic
outcomes for each area designated as a High Intensity Gang
Activity Area.
(2) Annual ag report to congress.--Not later than December
1 of each year, the Attorney General shall submit a report to
the appropriate committees of Congress and the Director of the
Office of Management and Budget and the Domestic Policy Council
that describes, for each designated High Intensity Gang
Activity Area--
(A) the specific long-term and short-term goals and
objectives of each such area;
(B) the measurements used to evaluate the
performance of the High Intensity Gang Activity Area in
achieving the long-term and short-term goals described
under subparagraph (A);
(C) the age, composition, and membership of gangs
in each such area;
(D) the number and nature of crimes committed by
gangs and gang members in each such area;
(E) the definition of the term ``gang'' used to
compile the information required under this subsection
for each such area; and
(F) the programmatic outcomes and funding need of
each High Intensity Gang Activity Area, including--
(i) an evidence-based analysis of the best
practices and outcomes from the work of the
relevant local collaborative working group; and
(ii) an analysis of whether Federal
resources distributed meet the needs of the
High Intensity Gang Activity Area and, if any
programmatic funding shortfalls exist,
recommendations for programs or funding to meet
such shortfalls.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to meet any needs identified by the Attorney General or in any report
submitted under section 4(d)(2). | Mynisha's Law - Authorizes any local or tribal government to submit an application to the Attorney General for designation as a High Intensity Gang Activity Area.
Directs the Attorney General to: (1) establish criteria for reviewing such applications; and (2) establish an Interagency Gang Prevention Task Force in each Area. Directs each Task Force to: (1) coordinate government activities to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; (2) coordinate with local and regional gang prevention efforts; (3) prioritize the needs of each Area for funding under specified federal community assistance and grant programs; and (4) report to the Attorney General on the funding needs and programmatic outcomes for each Area.
Requires the Attorney General to report to Congress, the Director of the Office of Management and Budget (OMB) and the Domestic Policy Council annually on: (1) the specific long-term and short-term goals and objectives of each Area; (2) the measurements used to evaluate each Area's performance; (3) the gangs and gang crimes committed in each Area; and (5) the programmatic outcomes and funding need of each Area. | {"src": "billsum_train", "title": "A bill to provide Federal coordination and assistance in preventing gang violence."} | 1,641 | 267 | 0.595631 | 2.047235 | 0.972648 | 4.555556 | 5.93254 | 0.960317 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``1995 Franklin Delano Roosevelt
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the people of the United States feel a deep debt of
gratitude to Franklin Delano Roosevelt for his leadership in
America's struggle for peace, well-being, and human dignity;
(2) the year 1995 marks the 50th anniversary of the death
of President Franklin Delano Roosevelt, who died April 12,
1945, in Warm Springs, Georgia;
(3) Franklin Delano Roosevelt served his country as the 32d
President from 1932 until his death in 1945. He is the only
United States President elected to four terms in office;
(4) Franklin Delano Roosevelt served the State of New York
as Governor from 1928 through 1932;
(5) Franklin Delano Roosevelt served his country as the
United States Assistant Secretary of the Navy from 1913 through
1920;
(6) Franklin Delano Roosevelt piloted the American people
through the economic chaos of the Great Depression;
(7) Franklin Delano Roosevelt, as our commander in chief,
led the American people through the turmoil of World War II;
(8) Franklin Delano Roosevelt established Social Security,
thus providing all Americans with a more abundant and secure
life;
(9) Franklin Delano Roosevelt was the author of ``The Four
Freedoms: Freedom of Speech, Freedom of Worship, Freedom from
Want, and Freedom from Fear'';
(10) Franklin Delano Roosevelt was the founder of the
National Foundation for Infantile Paralysis, parent
organization of the March of Dimes; and
(11) Franklin Delano Roosevelt was the chief architect of
the United Nations.
SEC. 3. COIN SPECIFICATIONS.
(a) One Dollar Silver Coins.--
(1) Issuance.--The Secretary shall issue not more than
500,000 one dollar coins which shall weigh 26.73 grams, have a
diameter of 1.500 inches, and shall contain 90 percent silver
and 10 percent copper.
(2) Design.--The design of the dollar coins shall bear a
likeness of Franklin Delano Roosevelt. On each such coin there
shall be a designation of the value of the coin, an inscription
of the year ``1995'', and inscriptions of the terms
``Liberty'', ``In God We Trust'', ``United States of America'',
and ``E Pluribus Unum''.
(3) Alterations.--Additions or alterations to the design of
the coin shall be made only after consultation with, and
approval by, the Franklin Delano Roosevelt Memorial Commission.
(b) Legal Tender.--The coins issued under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--The coins issued under this Act shall be
numismatic items for purposes of section 5134 of title 31, United
States Code.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins minted under this
Act from stockpiles established under the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 et seq.).
SEC. 5. SELECTION OF DESIGN.
The design for each coin authorized by this Act shall be selected
by the Secretary after consultation with the Franklin Delano Roosevelt
Memorial Commission.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any provision of law, the coins
issued under this Act shall be sold by the Secretary at a price equal
to the face value, plus the cost of designing and issuing such coins
(including labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Prepaid Orders at a Discount.--The Secretary shall accept
prepaid orders for the coins prior to the issuance of such coins. Sales
under this subsection shall be at a reasonable discount to reflect the
benefit of prepayment.
(c) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
SEC. 7. ISSUANCE OF THE COINS.
(a) Period for Issuance.--The coins authorized under this Act shall
be available for issue not later than January 1, 1995, but shall be
issued only during the 1-year period beginning on such date.
(b) Proof and Uncirculated Coins.--The coins authorized under this
Act shall be issued in uncirculated and proof qualities. Not more than
1 facility of the Bureau of the Mint may be used to strike any
particular combination of denomination and quality.
SEC. 8. 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 or services required to carry out 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. 9. 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 in the
following manner:
(1) An amount equal to 50 percent of the total surcharges
shall be paid to the National Park Foundation Restricted
Account for the Franklin Delano Roosevelt Memorial.
(2) An amount equal to 50 percent of the total surcharges
shall be paid to the National Park Service Restricted
Construction Account for the Franklin Delano Roosevelt
Memorial.
SEC. 10. AUDITS.
The Comptroller General of the United States shall have the right
to examine such books, records, documents, and other data of the
account referred to in section 9 as may be related to the expenditure
of amounts paid under such section.
SEC. 11. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that the minting and issuance of
the coins referred to in section 3 shall not result in any net cost to
the Federal Government.
(b) Payment for Issuance of Coins.--No coin shall be issued under
this Act unless the Secretary has received--
(1) full payment for such coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; 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. | 1995 Franklin Delano Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins bearing a likeness of Franklin Delano Roosevelt.
Requires the Secretary to distribute proceeds from surcharges ($10 per coin) in equal allocations to: (1) the National Park Foundation Restricted Account for the Franklin Delano Roosevelt Memorial; and (2) the National Park Service Restricted Construction Account for the Franklin Delano Roosevelt Memorial. | {"src": "billsum_train", "title": "1995 Franklin Delano Roosevelt Commemorative Coin Act"} | 1,446 | 104 | 0.518524 | 1.380795 | 0.572977 | 3.282353 | 15.423529 | 0.905882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Access to Emergency Medical
Care Act of 1996''.
SEC. 2. REQUIREMENTS FOR MEDICARE MANAGED CARE.
(a) Access to Emergency Services.--Section 1876(c) of the Social
Security Act (42 U.S.C. 1395mm(c)) is amended by adding at the end the
following:
``(9)(A) A risk-sharing contract under this section shall require
an eligible organization that provides any coverage with respect to
emergency services to cover emergency services furnished to a member
enrolled with the organization--
``(i) without regard to whether or not the provider
furnishing the emergency services has a contractual or other
arrangement with the organization for the provision of such
services to such members, and
``(ii) without regard to prior authorization.
``(B)(i) A risk-sharing contract under this section shall require
an eligible organization that provides any coverage with respect to
emergency services--
``(I) to determine and make prompt payment (within the
meaning of subsection (g)(6)(A)) in a reasonable and
appropriate amount for such services (including services
required to be provided under section 1867), and
``(II) subject to clause (ii), to not impose cost-sharing
for services furnished in a hospital emergency department that
is calculated in a manner (such as the use of a different
percentage) that imposes greater cost sharing with respect to
such services compared to comparable services furnished in
other settings.
``(ii) An eligible organization may impose a reasonable copayment
(as determined in accordance with standards established by the
Secretary) in lieu of coinsurance to deter inappropriate use of
services of hospital emergency departments.
``(C) In this paragraph, the term `emergency services' has the same
meaning as in paragraph (10)(D).''.
(b) Timely Authorization for Promptly Needed Care Identified as a
Result of Required Screening Evaluation.--Section 1876(c) of such Act
(42 U.S.C. 1395mm(c)), as amended by subsection (a), is amended by
adding at the end the following:
``(10)(A) The organization must provide access 24 hours a day, 7
days a week to individuals who are authorized to make any prior
authorizations required by the organization for coverage of items and
services (other than emergency services) that a treating physician or
other emergency department personnel identify, pursuant to a screening
evaluation required under section 1867(a), as being needed promptly by
an individual enrolled with the organization under this part.
``(B) The organization is deemed to have approved a request for
such promptly needed items and services if the physician or other
emergency department personnel involved--
``(i) has made a reasonable effort to contact an individual
described in subparagraph (A) for authorization to provide an
appropriate referral for such items and services or to provide
the items and services to the individual and access to the
person has not been provided (as required in subparagraph (A)),
or
``(ii) has requested such authorization from the person and
the person has not denied the authorization within 30 minutes
after the time the request is made.
``(C) Approval of a request for a prior authorization determination
(including a deemed approval under subparagraph (B)) shall be treated
as approval of a request for any items and services that are required
to treat the medical condition identified pursuant to the required
screening evaluation.
``(D) In this paragraph, the term `emergency services' means--
``(i) health care items and services furnished in the
emergency department of a hospital (including a trauma center),
and
``(ii) ancillary services routinely available to such
department,
to the extent they are required to evaluate and treat an emergency
medical condition (as defined in subparagraph (E)) until the condition
is stabilized (as defined in subparagraph (F)).
``(E) In subparagraph (D), the term `emergency medical condition'
means a medical condition, the onset of which is sudden, that manifests
itself by symptoms of sufficient severity, including severe pain, that
a prudent layperson, who possesses an average knowledge of health and
medicine, could reasonably expect the absence of immediate medical
attention to result in--
``(i) placing the person's health in serious jeopardy,
``(ii) serious impairment to bodily functions, or
``(iii) serious dysfunction of any bodily organ or part.
``(F) In subparagraph (D), the term `stabilized' means, with
respect to an emergency medical condition, that no material
deterioration of the condition is likely, within reasonable medical
probability, to result or occur before an individual can be transferred
in compliance with the requirements of section 1867.''.
(c) Conforming Amendment.--Section 1876(c)(4)(B) of such Act (42
U.S.C. 1395mm(c)(4)(B)) is amended by inserting ``subject to paragraphs
(9) and (10),'' before ``provide''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall be effective for contract years beginning on or after the date of
the enactment of this Act. | Medicare Access to Emergency Medical Care Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to establish requirements for Medicare managed care regarding access to emergency services. | {"src": "billsum_train", "title": "Medicare Access to Emergency Medical Care Act of 1996"} | 1,225 | 42 | 0.49357 | 1.094654 | 0.681084 | 3 | 32.029412 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space Commercial Human Ascent
Serving Expeditions Act'' or the ``Space CHASE Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the goal of opening space to the American people and
their private commercial, scientific, and cultural enterprises
should guide Federal space investments, policies, and
regulations;
(2) private industry has begun to develop commercial launch
vehicles capable of carrying human beings into space, and
greater private investment in these efforts will stimulate the
Nation's commercial space transportation industry as a whole;
(3) space transportation is inherently risky;
(4) a critical area of responsibility for the Office of the
Associate Administrator for Commercial Space Transportation is
to regulate the emerging commercial human space flight
industry; and
(5) the public interest is served by creating a clear legal
and regulatory regime for commercial human space flight.
SEC. 3. AMENDMENTS.
(a) Findings and Purposes.--Section 70101 of title 49, United
States Code, is amended--
(1) in subsection (a)(3), by inserting ``human space
flight,'' after ``microgravity research,''; and
(2) in subsection (a)(4)--
(A) by striking ``satellite''; and
(B) by striking ``services now available from'' and
inserting ``capabilities of''.
(b) Definitions.--Section 70102 of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (2) through (17) as
paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12), (13),
(14), (15), (16), (18), (21), and (22), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) `crew' means any employee of a licensee or
transferee, or of a contractor or subcontractor of a licensee
or transferee, who performs activities in the course of that
employment directly relating to the launch, reentry, or other
operation of or in a launch vehicle or reentry vehicle that
carries human beings.'';
(3) in paragraph (4), as redesignated by paragraph (1) of
this subsection, by inserting ``, crew, or space flight
participant'' after ``any payload'';
(4) in paragraph (6)(A), as redesignated by paragraph (1)
of this subsection, by striking ``and payload'' and inserting
``, payload, crew (including crew training), or space flight
participant'';
(5) in paragraph (8)(A), as redesignated by paragraph (1)
of this subsection, by inserting ``or human beings'' after
``place a payload'';
(6) by inserting after paragraph (10), as redesignated by
paragraph (1) of this subsection, the following new paragraph:
``(11) `permit' means an experimental permit issued under
section 70105.'';
(7) in paragraph (13), as redesignated by paragraph (1) of
this subsection, by inserting ``crew, or space flight
participants,'' after ``and its payload,'';
(8) in paragraph (14)(A), as redesignated by paragraph (1)
of this subsection, by striking ``and its payload'' inserting
``and payload, crew (including crew training), or space flight
participant'';
(9) by inserting after paragraph (16), as redesignated by
paragraph (1) of this subsection, the following new paragraph:
``(17) `space flight participant' means an individual, who
is not crew, carried within a launch vehicle or reentry
vehicle.'';
(10) by inserting after paragraph (18), as redesignated by
paragraph (1) of this subsection, the following new paragraphs:
``(19) `suborbital rocket' means a vehicle, rocket-
propelled in whole or in part, intended for flight on a
suborbital trajectory whose thrust is greater than its lift for
the majority of the rocket-powered portion of its flight.
``(20) `suborbital trajectory' means the intentional flight
path of a launch vehicle, reentry vehicle, or any portion
thereof, whose vacuum instantaneous impact point does not leave
the surface of the Earth.''; and
(11) in paragraph (21), as redesignated by paragraph (1) of
this subsection--
(A) by striking ``or'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(E) crew or space flight participants.''.
(c) Commercial Human Space Flight.--(1) Section 70103(a) of title
49, United States Code, is amended--
(A) by inserting ``, through the Associate Administrator
for Commercial Space Transportation,'' after ``Secretary of
Transportation''; and
(B) by adding at the end the following new sentence: ``The
Secretary of Transportation shall ensure that the Associate
Administrator for Commercial Space Transportation has
sufficient personnel from within the Federal Aviation
Administration to carry out this chapter.''.
(2) Section 70103(b)(1) of title 49, United States Code, is amended
by inserting ``, including those involving space flight participants''
after ``private sector''.
(3) Section 70104(a) of title 49, United States Code, is amended--
(A) by striking ``License Requirement.--A license issued or
transferred under this chapter'' and inserting ``Requirement.--
A license issued or transferred under this chapter, or a
permit,''; and
(B) by inserting after paragraph (4) the following:
``Notwithstanding this subsection, a permit shall not authorize a
person to operate a launch site or reentry site.''.
(4) Section 70104(b) of title 49, United States Code, is amended by
inserting ``or permit'' after ``holder of a license''.
(5) Section 70104 of title 49, United States Code, is amended by
adding at the end the following:
``(d) Limitation on Conditions.--(1) The Secretary of
Transportation shall not make it a condition or requirement for a
person who receives a license or experimental permit under this chapter
to obtain any other license, permit, certificate, or other legal
instrument from the Secretary for the conduct of the activity,
including flight and return, for which the license or permit was
issued.
``(2) The Secretary of Transportation shall not require any
additional license, permit, certificate, or other legal instrument be
obtained from the Department of Transportation for any activity,
including flight and return, for which a license or experimental permit
has been issued under this chapter.''.
(6) The section heading of section 70105 of title 49, United States
Code, is amended by striking ``License applications'' and inserting
``Applications'', and the item relating to that section in the table of
sections for chapter 701 of title 49, United States Code, is amended
accordingly.
(7) Section 70105(a) of title 49, United States Code, is amended--
(A) by striking ``Applications.--'' and inserting
``Licenses.--'';
(B) in paragraph (1), by striking ``subsection (b)(2)(D)''
both places it appears and inserting ``subsection (c)(2)(D)'';
and
(C) in paragraph (2), by inserting ``, including crews,''
after ``or personnel''.
(8) Section 70105 of title 49, United States Code, is amended by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting after subsection (a) the following new
subsection:
``(b) Experimental.--(1) A person may apply to the Secretary of
Transportation for an experimental permit under this subsection in the
form and manner the Secretary prescribes. Consistent with the public
health and safety, safety of property, and national security and
foreign policy interests of the United States, the Secretary, not later
than 90 days after receiving an application pursuant to this
subsection, shall issue a permit if the Secretary decides in writing
that the applicant complies, and will continue to comply, with this
chapter and regulations prescribed under this chapter. The Secretary
shall inform the applicant of any pending issue and action required to
resolve the issue if the Secretary has not made a decision not later
than 60 days after receiving an application. The Secretary shall
transmit to the Committee on Science of the House of Representatives
and Committee on Commerce, Science, and Transportation of the Senate a
written notice not later than 15 days after any occurrence when a
permit is not issued within the deadline established by this
subsection.
``(2) In carrying out paragraph (1), the Secretary may establish
procedures for safety approvals of launch vehicles, reentry vehicles,
safety systems, processes, services, or personnel, including crews,
that may be used in conducting commercial space launch or reentry
activities pursuant to a permit.
``(3) In order to encourage the development of a commercial space
flight industry, the Secretary, to the greatest extent practicable,
shall when issuing permits use the authority granted under subsection
(c)(2)(C).
``(4) The Secretary may issue a permit only for reusable suborbital
rockets that will be launched or reentered solely for--
``(A) research and development to test new design concepts,
new equipment, or new operating techniques;
``(B) showing compliance with requirements as part of the
process for obtaining a license under this chapter; or
``(C) crew training prior to obtaining a license for a
launch or reentry using the design of the rocket for which the
permit would be issued.
``(5) Permits issued under this subsection shall--
``(A) authorize an unlimited number of launches and
reentries for a particular suborbital rocket design for the
uses described in paragraph (4); and
``(B) specify the modifications that may be made to the
suborbital rocket without changing the design to an extent that
would invalidate the permit.
``(6) Permits shall not be transferable.
``(7) A permit may not be issued for, and a permit that has already
been issued shall cease to be valid for, a particular design for a
reusable suborbital rocket after a license has been issued for the
launch or reentry of a rocket of that design.
``(8) No person may operate a reusable suborbital rocket under a
permit for carrying any property or human being for compensation or
hire.
``(9) For the purposes of sections 70106, 70107, 70108, 70109,
70110, 70112, 70115, 70116, 70117, and 70121 of this chapter--
``(A) a permit shall be considered a license;
``(B) the holder of a permit shall be considered a
licensee;
``(C) a vehicle operating under a permit shall be
considered to be licensed; and
``(D) the issuance of a permit shall be considered
licensing.
This paragraph shall not be construed to allow the transfer of a
permit.''.
(9) Section 70105(c)(1) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(10) Section 70105(c)(2)(B) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
striking ``an additional requirement'' and inserting ``any additional
requirement''.
(11) Section 70105(c)(2)(C) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(12) Section 70105(c)(2)(D) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(13) Section 70105(c)(3) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by adding
at the end the following: ``Nothing in this paragraph shall be
construed to allow the launch or reentry of a launch vehicle or a
reentry vehicle without a license or permit if a human being will be on
board.''.
(14) Section 70105(c) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by adding
at the end the following new paragraphs:
``(4) The holder of a license or a permit under this chapter may
launch or reenter crew only if--
``(A) the crew has received training and has satisfied
medical or other standards specified in the license or permit
in accordance with regulations promulgated by the Secretary;
and
``(B) the holder of the license or permit and crew have
complied with all requirements of the laws of the United States
that apply to crew.
``(5) The holder of a license or a permit under this chapter may
launch or reenter a space flight participant only if--
``(A) in accordance with regulations promulgated by the
Secretary, the holder of the license or permit has informed the
space flight participant in writing about the risks of the
launch or reentry, including the safety record of the launch or
reentry vehicle type, and the space flight participant has
provided written informed consent to participation in the
launch or reentry; and
``(B) the holder of the license or permit and space flight
participant have complied with all requirements of the laws of
the United States related to launching or reentering a space
flight participant.''.
(15) Section 70105(d) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``of a license''.
(16) Section 70106(a) of title 49, United States Code, is amended--
(A) by inserting ``at a site used for crew training,''
after ``assemble a launch vehicle or reentry vehicle,''; and
(B) by striking ``section 70104(c)'' and inserting
``sections 70104(c) and 70105(c)(4)''.
(17) Section 70110(a)(1) of title 49, United States Code, is
amended by striking ``70105(a)'' and inserting ``70105''.
(18) Section 70112(b)(1) of title 49, United States Code, is
amended--
(A) by inserting ``space flight participants,'' after ``its
contractors, subcontractors,'';
(B) by inserting ``or by space flight participants,'' after
``its own employees''; and
(C) by adding at the end the following: ``The requirement
for space flight participants to make a reciprocal waiver of
claims with the licensee or transferee shall expire 3 years
after the first licensed launch of a launch vehicle carrying a
space flight participant.''.
(19) Section 70112(b)(2) of title 49, United States Code, is
amended--
(A) by inserting ``crew, space flight participants,'' after
``transferee, contractors, subcontractors,''; and
(B) by inserting ``or by space flight participants,'' after
``its own employees''.
(20) Section 70113(a)(1) of title 49, United States Code, is
amended by inserting ``but not against a space flight participant,''
after ``subcontractor of a customer,''.
(21) Section 70113(f) of title 49, United States Code, is amended
by striking ``December 31, 2004.'' and inserting ``December 31, 2007.
This section does not apply to permits.''.
(22) Section 70115(b)(1)(D)(i) of title 49, United States Code, is
amended by inserting ``crew training site,'' after ``site of a launch
vehicle or reentry vehicle,''.
(23) Section 70119 of title 49, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) $11,776,000 for fiscal year 2005;
``(2) $11,776,000 for fiscal year 2006; and
``(3) $11,776,000 for fiscal year 2007.''.
(24) Section 70120 of title 49, United States Code, is amended by
adding at the end the following new subsections:
``(c) Amendments.--Not later than 12 months after the date of
enactment of the Commercial Space Launch Amendments Act of 2004, the
Secretary shall publish proposed regulations to carry out that Act,
including regulations relating to crew, space flight participants, and
permits for launch or reentry of reusable suborbital rockets. Not later
than 18 months after such date of enactment, the Secretary shall issue
final regulations.
``(d) Effective.--(1) Licenses for the launch or reentry of launch
vehicles or reentry vehicles with human beings on board and permits may
be issued by the Secretary prior to the issuance of the regulations
described in subsection (c).
``(2) As soon as practicable after the date of enactment of the
Commercial Space Launch Amendments Act of 2004, the Secretary shall
issue guidelines or advisory circulars to guide the implementation of
that Act until regulations are issued.
``(3) Notwithstanding paragraphs (1) and (2), no licenses for the
launch or reentry of launch vehicles or reentry vehicles with human
beings on board or permits may be issued starting three years after the
date of enactment of the Commercial Space Launch Amendments Act of 2004
unless the final regulations described in subsection (c) have been
issued.''.
SEC. 4. STUDY ON THE GRADUAL ELIMINATION OF COMMERCIAL SPACE
TRANSPORTATION LIABILITY RISK SHARING REGIME.
Not later than 60 days after the date of enactment of this Act, the
Secretary of Transportation shall enter into an appropriate arrangement
with the National Academy of Public Administration to conduct a study
of how best to gradually eliminate the liability risk sharing regime in
the United States for commercial space transportation under section
70113 of title 49, United States Code. The study shall assess methods
by which the liability risk sharing regime could be eliminated by 2008
or as soon as possible thereafter and the impact those methods would be
likely to have on the commercial space transportation industry. The
methods examined shall include incremental approaches.
SEC. 5. TECHNICAL AMENDMENT.
Section 102(c) of the Commercial Space Act of 1998 is repealed. | Space Commercial Human Ascent Serving Expeditions Act (Space CHASE Act) - Amends Federal law concerning commercial space transportation to specify that the Secretary of Transportation shall carry out commercial space launch activities through the Associate Administrator for Commercial Space Transportation.
Provides for the issuance of experimental permits for an unlimited number of launches of reusable suborbital rockets.
Subjects to specified conditions reusable suborbital rockets and holders of licenses or permits to launch and reenter crews and space flight participants.
Requires crew and space flight participants to execute reciprocal waivers of claims with licensees and permitees and the Federal government.
Makes liability indemnification program requirements inapplicable to space flight participants.
Extends liability insurance and financial responsibility requirements for three years.
Requires the Secretary to arrange for the National Academy of Public Administration to study how best to gradually eliminate by 2008 or so the liability risk sharing regime for commercial space transportation. | {"src": "billsum_train", "title": "A bill to promote the development of the emerging commercial human space flight industry, to extend the liability indemnification regime for the commercial space transportation industry, to authorize appropriations for the Office of the Associate Administrator for Commercial Space Transportation, and for other purposes."} | 4,259 | 206 | 0.530035 | 1.604414 | 0.758089 | 2.39759 | 23.933735 | 0.855422 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Water Protection Act''.
SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES.
(a) In General.--Section 402 of the Federal Water Pollution Control
Act (33 U.S.C. 1342) is amended by adding at the end the following:
``(s) Prohibition on Sewage Dumping Into the Great Lakes.--
``(1) Definitions.--In this subsection:
``(A) Bypass.--The term `bypass' means an
intentional diversion of waste streams to bypass any
portion of a treatment facility that results in a
discharge into the Great Lakes.
``(B) Discharge.--
``(i) In general.--The term `discharge'
means a direct or indirect discharge of
untreated sewage or partially treated sewage
from a treatment works into the Great Lakes or
a tributary of the Great Lakes.
``(ii) Inclusions.--The term `discharge'
includes a bypass and a combined sewer
overflow.
``(C) Great lakes.--The term `Great Lakes' has the
meaning given the term in section 118(a)(3).
``(D) Partially treated sewage.--The term
`partially treated sewage' means any sewage, sewage and
storm water, or sewage and wastewater, from domestic or
industrial sources that--
``(i) is not treated to national secondary
treatment standards for wastewater; or
``(ii) is treated to a level less than the
level required by the applicable national
pollutant discharge elimination system permit.
``(E) Treatment facility.--The term `treatment
facility' includes all wastewater treatment units used
by a publicly owned treatment works to meet secondary
treatment standards or higher, as required to attain
water quality standards, under any operating
conditions.
``(F) Treatment works.--The term `treatment works'
has the meaning given the term in section 212.
``(2) Prohibition.--A publicly owned treatment works is
prohibited from performing a bypass unless--
``(A)(i) the bypass is unavoidable to prevent loss
of life, personal injury, or severe property damage;
``(ii) there is not a feasible alternative to the
bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or
maintenance during normal periods of equipment
downtime; and
``(iii) the treatment works provides notice of the
bypass in accordance with this subsection; or
``(B) the bypass does not cause effluent
limitations to be exceeded, and the bypass is for
essential maintenance to ensure efficient operation of
the treatment facility.
``(3) Limitation.--The requirement of paragraph (2)(A)(ii)
is not satisfied if--
``(A) adequate back-up equipment should have been
installed in the exercise of reasonable engineering
judgment to prevent the bypass; and
``(B) the bypass occurred during normal periods of
equipment downtime or preventive maintenance.
``(4) Immediate notice requirements.--
``(A) In general.--The Administrator shall work
with States having publicly owned treatment works
subject to the requirements of this subsection to
create immediate notice requirements in the event of
discharge that provide for the method, contents, and
requirements for public availability of the notice.
``(B) Minimum requirements.--
``(i) In general.--At a minimum, the
contents of the notice shall include--
``(I) the exact dates and times of
the discharge;
``(II) the volume of the discharge;
and
``(III) a description of any public
access areas impacted.
``(ii) Consistency.--Minimum requirements
shall be consistent for all States.
``(C) Additional requirements.--The Administrator
and States described in subparagraph (A) shall
include--
``(i) follow-up notice requirements that
provide a more full description of each event,
the cause, and plans to prevent reoccurrence;
and
``(ii) annual publication requirements that
list each treatment works from which the
Administrator or the State receive a follow-up
notice.
``(D) Timing.--The notice and publication
requirements described in this paragraph shall be
implemented not later than 2 years after the date of
enactment of this subsection.
``(5) Sewage blending.--Bypasses prohibited by this section
include bypasses resulting in discharges from a publicly owned
treatment works that consist of effluent routed around
treatment units and thereafter blended together with effluent
from treatment units prior to discharge.
``(6) Implementation.--As soon as practicable, the
Administrator shall establish procedures to ensure that permits
issued under this section (or under a State permit program
approved under this section) to a publicly owned treatment
works include requirements to implement this subsection.
``(7) Increase in maximum civil penalty for violations
occurring after january 1, 2035.--Notwithstanding section 309,
in the case of a violation of this subsection occurring on or
after January 1, 2035, or any violation of a permit limitation
or condition implementing this subsection occurring after that
date, the maximum civil penalty that shall be assessed for the
violation shall be $100,000 per day for each day the violation
occurs.
``(8) Applicability.--This subsection shall apply to a
bypass occurring after the last day of the 1-year period
beginning on the date of enactment of this subsection.''.
(b) Great Lakes Cleanup Fund.--
(1) Establishment.--Title V of the Federal Water Pollution
Control Act (33 U.S.C. 1361 et seq.) is amended--
(A) by redesignating section 519 (33 U.S.C. 1251
note) as section 520; and
(B) by inserting after section 518 (33 U.S.C. 1377)
the following:
``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.
``(a) Definitions.--In this section:
``(1) Fund.--The term `Fund' means the Great Lakes Cleanup
Fund established by subsection (b).
``(2) Great lakes; great lakes states.--The terms `Great
Lakes' and `Great Lakes States' have the meanings given the
terms in section 118(a)(3).
``(b) Establishment of Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Great Lakes
Cleanup Fund' (referred to in this section as the `Fund').
``(c) Transfers to Fund.--Effective January 1, 2035, there are
authorized to be appropriated to the Fund amounts equivalent to the
penalties collected for violations of section 402(s).
``(d) Administration of Fund.--The Administrator shall administer
the Fund.
``(e) Use of Funds.--The Administrator shall--
``(1) make the amounts in the Fund available to the Great
Lakes States for use in carrying out programs and activities
for improving wastewater discharges into the Great Lakes,
including habitat protection and wetland restoration; and
``(2) allocate those amounts among the Great Lakes States
based on the proportion that--
``(A) the amount attributable to a Great Lakes
State for penalties collected for violations of section
402(s); bears to
``(B) the total amount of those penalties
attributable to all Great Lakes States.
``(f) Priority.--In selecting programs and activities to be funded
using amounts made available under this section, a Great Lakes State
shall give priority consideration to programs and activities that
address violations of section 402(s) resulting in the collection of
penalties.''.
(2) Conforming amendments to state revolving fund
program.--Section 607 of the Federal Water Pollution Control
Act (33 U.S.C. 1387) is amended--
(A) by striking ``There is'' and inserting ``(a) In
General.--There is''; and
(B) by adding at the end the following:
``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this
title, amounts made available from the Great Lakes Cleanup Fund under
section 519 shall be treated as funds authorized to be appropriated to
carry out this title and as funds made available under this title,
except that the funds shall be made available to the Great Lakes States
in accordance with section 519.''. | Great Lakes Water Protection Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a publicly owned treatment works (POTW) from discharging untreated or partially treated sewage into the Great Lakes or a tributary of the Great Lakes when the discharge is the result of the POTW intentionally diverting waste streams to bypass any portion of a treatment facility. A bypass is allowed if: (1) it is unavoidable to prevent loss of life, personal injury, or severe property damage, there is no feasible alternative, and the treatment works provides notice; or (2) it does not cause effluent (waste) limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. The Environmental Protection Agency (EPA) must work with relevant states to create requirements for providing immediate notice to the public about discharges. The EPA must establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to comply with this bill. This bill establishes a maximum civil penalty of $100,000 per day for violations of the bill occurring on or after January 1, 2035. The penalties must be deposited into the Great Lakes Cleanup Fund, which is established by this bill. The Fund must be used for improving wastewater discharges. | {"src": "billsum_train", "title": "Great Lakes Water Protection Act"} | 1,960 | 291 | 0.603324 | 1.596018 | 0.780283 | 3.011905 | 6.678571 | 0.845238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soil Health and Income Protection
Program Act of 2017'' or the ``SHIPP Act of 2017''.
SEC. 2. SOIL HEALTH AND INCOME PROTECTION PROGRAM.
(a) In General.--Chapter 5 of subtitle D of title XII of the Food
Security Act of 1985 is amended by inserting after section 1240M (16
U.S.C. 3839bb) the following:
``SEC. 1240N. SOIL HEALTH AND INCOME PROTECTION PROGRAM.
``(a) Definition of Eligible Land.--In this section:
``(1) In general.--The term `eligible land' means land
that--
``(A) is selected by the owner or operator of the
land for proposed enrollment in the program under this
section; and
``(B) as determined by the Secretary--
``(i) had a cropping history or was
considered to be planted during the 3 crop
years preceding the crop year described in
subsection (b)(2); and
``(ii) is verified to be less-productive
land, as compared to other land on the
applicable farm.
``(2) Exclusion.--The term `eligible land' does not include
any land covered by a conservation reserve program contract
under subchapter B of chapter 1 that expires during the crop
year described in subsection (b)(2).
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a
voluntary soil health and income protection program under which
eligible land is enrolled through the use of agreements to
assist owners and operators of eligible land to conserve and
improve the soil, water, and wildlife resources of the eligible
land.
``(2) Deadline for participation.--Eligible land may be
enrolled in the program under this section only during the
first crop year beginning after the date of enactment of this
section.
``(c) Agreements.--
``(1) Requirements.--An agreement described in subsection
(b) shall--
``(A) be entered into by the Secretary, the owner
of the eligible land, and (if applicable) the operator
of the eligible land; and
``(B) provide that, during the term of the
agreement--
``(i) the lowest practicable cost perennial
conserving use cover crop for the eligible
land, as determined by the applicable State
conservationist after considering the advice of
the applicable State technical committee, shall
be planted on the eligible land;
``(ii) except as provided in paragraph (5),
the owner or operator of the eligible land
shall pay the cost of planting the conserving
use cover crop under clause (i);
``(iii) subject to paragraph (6), the
eligible land may be harvested for seed, hayed,
or grazed outside the nesting and brood-rearing
period established for the applicable county;
``(iv) the eligible land may be eligible
for a walk-in access program of the applicable
State, if any; and
``(v) a nonprofit wildlife organization may
provide to the owner or operator of the
eligible land a payment in exchange for an
agreement by the owner or operator not to
harvest the conserving use cover.
``(2) Payments.--Except as provided in paragraphs (5) and
(6)(B)(ii), the annual rental rate for a payment under an
agreement described in subsection (b) shall be equal to 50
percent of the average rental rate for the applicable county
under section 1234(d), as determined by the Secretary.
``(3) Limitation on enrolled land.--Not more than 15
percent of the eligible land on a farm may be enrolled in the
program under this section.
``(4) Term.--
``(A) In general.--Except as provided in
subparagraph (B), each agreement described in
subsection (b) shall be for a term of 3, 4, or 5 years,
as determined by the parties to the agreement.
``(B) Early termination.--
``(i) Secretary.--The Secretary may
terminate an agreement described in subsection
(b) before the end of the term described in
subparagraph (A) if the Secretary determines
that the early termination of the agreement is
necessary.
``(ii) Owners and operators.--An owner and
(if applicable) an operator of eligible land
enrolled in the program under this section may
terminate an agreement described in subsection
(b) before the end of the term described in
subparagraph (A) if the owner and (if
applicable) the operator pay--
``(I) to the Secretary an amount
equal to the amount of rental payments
received under the agreement; and
``(II) if applicable, to the
Federal Crop Insurance Corporation the
amount of the increase in premium
discounts provided under subparagraph
(B) of section 508(d)(3) of the Federal
Crop Insurance Act (7 U.S.C.
1508(d)(3)).
``(5) Beginning, small, socially disadvantaged, young, or
veteran farmers and ranchers.--With respect to a beginning,
small, socially disadvantaged, young, or veteran farmer or
rancher, as determined by the Secretary--
``(A) an agreement described in subsection (b)
shall provide that, during the term of the agreement,
the beginning, underserved, or young farmer or rancher
shall pay 50 percent of the cost of planting the
conserving use cover crop under paragraph (1)(B)(i);
and
``(B) the annual rental rate for a payment under an
agreement described in subsection (b) shall be equal to
75 percent of the average rental rate for the
applicable county under section 1234(d), as determined
by the Secretary.
``(6) Harvesting, haying, and grazing outside applicable
period.--The harvesting for seed, haying, or grazing of
eligible land under paragraph (1)(B)(iii) outside of the
nesting and brood-rearing period established for the applicable
county shall be subject to the conditions that--
``(A) with respect to eligible land that is so
hayed or grazed, adequate stubble height shall be
maintained to protect the soil on the eligible land, as
determined by the applicable State conservationist
after considering the advice of the applicable State
technical committee; and
``(B) with respect to eligible land that is so
harvested for seed--
``(i) the eligible land shall not be
eligible to be insured or reinsured under the
Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.); and
``(ii) the rental payment otherwise
applicable to the eligible land under this
subsection shall be reduced by 25 percent.
``(d) Funding.--There are authorized to be appropriated such sums
as are necessary to carry out this section.''.
(b) Adjustment of Base Acres.--Section 1112(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9012(b)(1)) is amended by adding at
the end the following:
``(D) A soil health and income protection program
agreement entered into under section 1240N of the Food
Security Act of 1985 with respect to the farm expires
or is terminated.''.
(c) Crop Insurance.--Section 508(d)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1508(d)(3)) is amended--
(1) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--The Corporation''; and
(2) by adding at the end the following:
``(B) Increase for participation in soil health and
income protection program.--
``(i) In general.--Subject to clause (ii),
the Corporation may increase the amount of a
premium discount provided under this paragraph
by not more than 2 percent (or not more than 3
percent with respect to a beginning, small,
socially disadvantaged, young, or veteran
farmer or rancher described in subsection
(c)(5) of section 1240N of the Food Security
Act of 1985) for any agricultural commodity
planted in an insurable unit that contains any
eligible land (as defined in subsection (a) of
that section) that is enrolled in the soil
health and income protection program under that
section.
``(ii) Applicability.--An increase in the
amount of a premium discount provided pursuant
to clause (i)--
``(I) shall apply only for a
premium discount equal to less than 80
percent; and
``(II) shall not apply to a
catastrophic risk protection plan
provided under subsection (b).
``(iii) Multiple insurable units.--With
respect to an agricultural producer that owns
or operates multiple insurable units on 1 farm,
at least 1 insurable unit of which contains
eligible land (as defined in subsection (a) of
section 1240N of the Food Security Act of 1985)
that is enrolled in the soil health and income
protection program under that section, an
increase in the amount of a premium discount
under this subparagraph shall apply to all
insurable units of the agricultural producer on
the farm.''. | Soil Health and Income Protection Program Act of 2017 or the SHIPP Act of 2017 This bill amends the Food Security Act of 1985 to establish a voluntary soil health and income protection program. Landowners and operators may enroll eligible land in the program by agreeing to adopt certain practices to conserve and improve the soil, water, and wildlife resources of the land for a period of three to five years in exchange for rental payments and additional crop insurance premium discounts. During the period of the agreement: the lowest practicable cost perennial conserving use cover crop must be planted on the enrolled land at the expense of the enrollee; the land may be harvested for seed, hayed, or grazed outside the nesting and brood-rearing period, but may not be insured and is subject to a 25% reduction in rental payments if the land is harvested for seed; the land may be eligible for a walk-in access program of the applicable state; and a nonprofit wildlife organization may provide to the owner or operator of the eligible land a payment in exchange for an agreement by the owner or operator not to harvest the conserving use cover. Beginning, small, socially disadvantaged, young, or veteran farmers and ranchers are only required to pay 50% of the cost of planting the conserving using cover crop and are eligible for increased payments and crop insurance premium discounts under the program. A maximum of 15% of the eligible land on a farm may be enrolled in the program. | {"src": "billsum_train", "title": "Soil Health and Income Protection Program Act of 2017"} | 2,067 | 312 | 0.660492 | 1.925468 | 0.773235 | 4.616725 | 6.515679 | 0.888502 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Drought, population increases, and environmental needs
are exacerbating water supply issues across the western United
States, including on the Southern Ute Indian Reservation in
southwestern Colorado.
(2) A report of the General Accounting Office from 2006
identified significant issues with the Pine River Indian
Irrigation Project, including that key facilities of the Pine
River Indian Irrigation Project are severely deteriorated and
barely, if at all, operable.
(3) Operations and maintenance fees are not sufficient to
address the Pine River Indian Irrigation Project's condition,
even though the Bureau of Indian Affairs has sought to double
those fees, from $8.50 to $17.00, in recent years.
(4) The 2006 General Accounting Office report also notes
that a prior study done by the Bureau of Reclamation found that
water users could not even afford to pay the lower operations
and maintenance fees of $8.50 and operate a profitable farming
operation.
(5) The benefits of rehabilitating and repairing the Pine
River Indian Irrigation Project's irrigation infrastructure
include--
(A) water conservation;
(B) extending available water supply;
(C) increasing agricultural production;
(D) economic benefits;
(E) safer facilities; and
(F) preserving the culture of the Southern Ute
Indian Tribe.
(6) While the Pine River Indian Irrigation Project is
currently managed by the Bureau of Indian Affairs, the Southern
Ute Indian Tribe also receives water from facilities owned or
operated by the Bureau of Reclamation.
(7) Rehabilitation and repair of the Pine River Indian
Irrigation Project's infrastructure by the Bureau of
Reclamation would improve--
(A) overall water management; and
(B) the ability of the Southern Ute Indian Tribe
and the Bureau of Reclamation to address potential
water conflicts.
SEC. 2. DEFINITIONS.
In this Act--
(1) Project.--The term ``project'' means the Pine River
Indian Irrigation Project.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Colorado.
(4) Tribal council.--The term ``Tribal Council'' means the
Southern Ute Indian Tribal Council.
(5) Tribe.--The term ``Tribe'' means the Southern Ute
Indian Tribe.
SEC. 3. PROJECT INFRASTRUCTURE STUDY.
(a) Study.--The Secretary, in consultation with the Tribe, shall
conduct a study of the project's irrigation infrastructure.
(b) Improvements.--
(1) List.--Based on the results of the study required under
subsection (a), the Secretary, in consultation with the Tribe,
shall develop a list of improvements to repair, rehabilitate,
or reconstruct the project over a 10-year period. The list
shall include cost-estimates for each improvement.
(2) Priority.--In developing the list of improvements, the
Secretary shall prioritize the improvements based on--
(A) recommendations of the Tribe;
(B) cost-benefit analyses;
(C) the ability of the project's users to irrigate
agricultural land using the project's irrigation
infrastructure;
(D) the effect on the conservation of water;
(E) the cultural benefits that the improvements
would have on the Tribe; and
(F) the opportunity to address water supply or
environmental conflicts.
(c) Consultation.--The Secretary may consult with the Director of
the Bureau of Indian Affairs and any other local or Federal official to
assist developing the study or list of improvements.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Tribe a report
including--
(1) the list of improvements required under subsection (b);
and
(2) any findings the Secretary determines relevant.
(e) Biennial Review.--Not later than 2 years after the date on
which the Secretary submits the report under subsection (d), and
biennially thereafter, the Secretary, in consultation with the Tribe,
shall--
(1) review the report; and
(2) update the list of improvements in accordance with
subsection (b)(2) as the Secretary determines to be
appropriate.
SEC. 4. IRRIGATION INFRASTRUCTURE GRANTS AND COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may provide grants to, and enter
into cooperative agreements with, the Tribe in order to repair,
rehabilitate, reconstruct, or replace the project's irrigation
infrastructure.
(b) Limitation.--A grant or cooperative agreement under this
section shall not be used for--
(1) the repair, rehabilitation, or reconstruction of any
major impoundment structure; or
(2) any on-farm improvements.
(c) Consultation.--In carrying out a grant or cooperative agreement
under subsection (a), the Secretary shall--
(1) consult with, and obtain the approval of, the Tribe;
(2) consult with the Director of the Bureau of Indian
Affairs; and
(3) as appropriate, coordinate the project with any work
being conducted under the irrigation operations and maintenance
program of the Bureau of Indian Affairs.
(d) Cost-Sharing.--The Secretary may require that to be eligible
for a grant or cooperative agreement under this section, the Tribe
shall provide matching, non-Federal funds in an amount equal to not
less than 25 percent of the total amount of the grant or cooperative
agreement.
SEC. 5. FEDERAL AND STATE LAW.
Nothing in this Act--
(1) affects the right of the Tribe to receive, divert,
store, or claim a right to water, including the priority of
right and the quantity of water associated with the water right
under Federal or State law; or
(2) preempts or affects--
(A) State water law; or
(B) an interstate compact relating to the
allocation of water.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Study.--There is authorized to be appropriated to carry out
section 3 $4,000,000.
(b) Projects.--There is authorized to be appropriated to carry out
section 4 $10,000,000 for each of fiscal years 2010 through 2015. | Directs the Secretary of the Interior to study the irrigation infrastructure of the Pine River Indian Irrigation Project, Colorado, and develop a list of improvements to repair, rehabilitate, or reconstruct the Project over a 10-year period.
Requires the Secretary to prioritize improvements based on: (1) recommendations of the Southern Ute Indian Tribe; (2) cost-benefit analyses; (3) the ability of the Project's users to irrigate agricultural land using the Project's irrigation infrastructure; (4) the effect on water conservation; (5) the cultural benefits that the improvements would have on the Tribe; and (6) the opportunity to address water supply or environmental conflicts.
Authorizes the Secretary to provide grants to, and enter into cooperative agreements with, the Tribe in order to repair, rehabilitate, reconstruct, or replace the Project's irrigation infrastructure. Prohibits such a grant or agreement from being used for the repair, rehabilitation, or reconstruction of any major impoundment structure or for on-farm improvements.
Requires the Secretary, in carrying out a grant or cooperative agreement, to: (1) consult with the Tribe and the Director of the Bureau of Indian Affairs (BIA) and obtain the Tribe's approval; and (2) coordinate the project with any work being conducted under the BIA's irrigation operations and maintenance program.
Authorizes the Secretary to require the Tribe to provide nonfederal funds to match not less than 25% of the total amount of a grant or agreement. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to assess the irrigation infrastructure of the Pine River Indian Irrigation Project in the State of Colorado, and for other purposes."} | 1,400 | 323 | 0.639714 | 1.990443 | 0.848075 | 4.909722 | 4.461806 | 0.958333 |
SECTION 1. MODIFICATION OF SAVER'S CREDIT.
(a) 50 Percent Credit for All Taxpayers: Expansion of Phaseout
Ranges.--Subsection (b) of section 25B of the Internal Revenue Code of
1986 is amended to read as follows:
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage is 50 percent.
``(2) Phaseout.--The percentage under paragraph (1) shall
be reduced (but not below zero) by the number of percentage
points which bears the same ratio to 50 percentage points as--
``(A) the excess of--
``(i) the taxpayer's adjusted gross income
for such taxable year, over
``(ii) the applicable dollar amount, bears
to
``(B) the phaseout range.
If any reduction determined under this paragraph is not a whole
percentage point, such reduction shall be rounded to the
nearest whole percentage point.
``(3) Applicable dollar amount; phaseout range.--
``(A) Joint returns.--Except as provided in
subparagraph (B)--
``(i) the applicable dollar amount is
$65,000, and
``(ii) the phaseout range is $20,000.
``(B) Other returns.--In the case of--
``(i) a head of a household (as defined in
section 2(b)), the applicable dollar amount and
the phaseout range shall be \3/4\ of the
amounts applicable under subparagraph (A) (as
adjusted under paragraph (4)), and
``(ii) any taxpayer who is not filing a
joint return and who is not a head of a
household (as so defined), the applicable
dollar amount and the phaseout range shall be
\1/2\ of the amounts applicable under
subparagraph (A) (as so adjusted).
``(4) Inflation adjustment of applicable dollar amount.--In
the case of any taxable year beginning in a calendar year after
2011, the dollar amount in paragraph (3)(A)(i) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2010' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $500.''.
(b) Credit Made Refundable.--
(1) Credit made refundable.--The Internal Revenue Code of
1986 is amended by moving section 25B to subpart C of part IV
of subchapter A of chapter 1 of such Code (relating to
refundable credits), by inserting section 25B after section
36A, and by redesignating section 25B as section 36B.
(2) Conforming amendments.--
(A) Sections 24(b)(3)(B), 25(e)(1)(C), 26(a)(1),
and 1400C(d) of such Code are each amended by striking
``25B,''.
(B) The last sentence of section 25A(i)(5) of such
Code is amended by striking ``25B'' and inserting
``36B''.
(C) Sections 904(i) of such Code is amended by
striking ``23, 24, and 25B,'' and inserting ``23 and
24''.
(D) Section 6211(b)(4)(A) of such Code is amended
by inserting ``36B,'' after ``36A,''.
(E) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 25B.
(F) The table of sections for subpart C of such
part is amended by adding at the end the following new
item:
``Sec. 36B. Elective deferrals and IRA contributions by certain
individuals.''.
(G) Section 1324(b)(2) of title 31, United States
Code, is amended by inserting ``36B,'' after ``36A,''.
(c) Maximum Contributions.--Subsection (a) of section 36B of the
Internal Revenue Code of 1986, as redesignated by subsection (b)(1), is
amended to read as follows:
``(a) Allowance of Credit.--
``(1) In general.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year an amount equal to the
applicable percentage of so much of the qualified retirement
savings contributions of the eligible individual for the
taxable year as do not exceed the contribution limit.
``(2) Contribution limit.--For purposes of paragraph (1)--
``(A) In general.--Except as otherwise provided in
this paragraph, the contribution limit is $500 ($1,500
for taxable years beginning after 2021).
``(B) Annual increases to reach $1,500.--In the
case of taxable years beginning in a calendar year
after 2011 and before 2022, the contribution limit
shall be the sum of--
``(i) the contribution limit for taxable
years beginning in the preceding calendar year
(as increased under this subparagraph), and
``(ii) $100.
``(C) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2021,
the $1,500 amount in subparagraph (A) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2020'
for `calendar year 1992' in subparagraph (B)
thereof.
Any increase determined under the preceding sentence
shall be rounded to the nearest multiple of $50.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010. | Amends the Internal Revenue Code to: (1) increase the rate of the tax credit for retirement savings contributions (saver's credit); and (2) make such credit refundable. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to expand the availability of the saver's credit and to make the credit refundable."} | 1,404 | 38 | 0.467796 | 0.974945 | 0.020913 | 1.916667 | 34.055556 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Connecticut River Partnership
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the upper Connecticut River watershed in the States of
New Hampshire and Vermont is a scenic region of historic
villages located in a working landscape of farms, forests, and
the mountainous headwaters and broad fertile floodplains of New
England's longest river, the Connecticut River;
(2) the River provides outstanding fish and wildlife
habitat, recreation, and hydropower generation for the New
England region;
(3) the upper Connecticut River watershed has been
recognized by Congress as part of the Silvio 0. Conte National
Fish and Wildlife Refuge, established by the Silvio O. Conte
National Fish and Wildlife Refuge Act (16 U.S.C. 668dd note;
Public Law 102-212);
(4) the demonstrated interest in stewardship of the River
by the citizens living in the watershed led to the Presidential
designation of the River as 1 of 14 American Heritage Rivers on
July 30, 1998;
(5) the River is home to the bistate Connecticut River
Scenic Byway, which will foster heritage tourism in the region;
(6) each of the legislatures of the States of Vermont and
New Hampshire has established a commission for the Connecticut
River watershed, and the 2 commissions, known collectively as
the ``Connecticut River Joint Commissions''--
(A) have worked together since 1989; and
(B) serve as the focal point for cooperation
between Federal agencies, States, communities, and
citizens;
(7) in 1997, as directed by the legislatures, the
Connecticut River Joint Commissions, with the substantial
involvement of 5 bistate local river subcommittees appointed to
represent riverfront towns, produced the 6-volume Connecticut
River Corridor Management Plan, to be used as a blueprint in
educating agencies, communities, and the public in how to be
good neighbors to a great river;
(8) this year, by Joint Legislative Resolution, the
legislatures have requested that Congress provide for
continuation of cooperative partnerships and support for the
Connecticut River Joint Commissions from the New England
Federal Partners for Natural Resources, a consortium of Federal
agencies, in carrying out recommendations of the Connecticut
River Corridor Management Plan;
(9) this Act effectuates certain recommendations of the
Connecticut River Corridor Management Plan that are most
appropriately directed by the States through the Connecticut
River Joint Commissions, with assistance from the National Park
Service and United States Fish and Wildlife Service; and
(10) where implementation of those recommendations involves
partnership with local communities and organizations, support
for the partnership should be provided by the Secretary.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
to provide to the States of New Hampshire and Vermont (including
communities in those States), through the Connecticut River Joint
Commissions, technical and financial assistance for management of the
River.
SEC. 3. DEFINITIONS.
In this Act:
(1) River.--The term ``River'' means the Connecticut River.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) the State of New Hampshire; or
(B) the State of Vermont.
SEC. 4. ASSISTANCE FOR STATES.
The Secretary of the Interior may provide to the States, through
the Connecticut River Joint Commissions, technical and financial
assistance in managing the River, including assistance in--
(1) developing a joint policy for water quality, flow
management, and recreational boating for the portion of the
River that is common to the States;
(2) developing protection plans for water quality in the
tributaries that flow into the River;
(3) developing a coordinated, collaborative approach on the
part of the States for monitoring the quality of the River for
human use and ecological health;
(4) restoring and protecting priority riverbanks to improve
water quality and aquatic and riparian habitat;
(5) encouraging and assisting communities, farmers, and
other riverfront landowners in--
(A) establishing and protecting riparian buffers;
and
(B) preventing nonpoint source pollution;
(6) encouraging and assisting communities in--
(A) protecting shoreland, wetland, and flood
plains; and
(B) managing and treating stormwater runoff;
(7) in cooperation with dam owners--
(A) evaluating the decommissioning of uneconomic
dams in the watershed; and
(B) restoring natural riverine habitat;
(8) protecting and restoring the habitat of native trout,
anadromous fisheries, and other outstanding fish and wildlife
resources;
(9) encouraging new and improved markets for local
agricultural products;
(10) encouraging the protection of farm land and
economically sustainable agriculture;
(11) developing and promoting locally planned, approved,
and managed networks of heritage trails and water trails in the
River valley;
(12) coordinating and fostering opportunities for heritage
tourism and agritourism through the Connecticut River Scenic
Byway;
(13) demonstrating economic development based on heritage
tourism;
(14) supporting local stewardship;
(15) strengthening nonregulatory protection of heritage
resources;
(16) encouraging the vitality of historically compact
village and town centers;
(17) establishing indicators of sustainability; and
(18) monitoring the impact of increased tourism and
recreational use on natural and historic resources.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Upper Connecticut River Partnership Act - Authorizes the Secretary of the Interior, through the Connecticut River Joint Commissions, to provide technical and financial assistance in managing the River to the States of New Hampshire and Vermont. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to provide assistance in implementing cultural heritage, conservation, and recreational activities in the Connecticut River watershed of the States of Hew Hampshire and Vermont."} | 1,206 | 44 | 0.612397 | 1.597406 | 0.729334 | 4.717949 | 29.410256 | 0.974359 |
SECTION 1. RESTORATION OF LOAN GUARANTEE PROGRAM FOR DEFENSE DEPENDENT
SMALL AND MEDIUM-SIZED BUSINESS CONCERNS.
(a) DELTA Loan Guarantee Program.--(1) Chapter 148 of title 10,
United States Code, is amended by inserting before section 2525 the
following new section:
``Sec. 2524. Loan guarantees for defense dependent small and medium-
sized business concerns
``(a) Loan Guarantees Authorized.--The Secretary of Defense may
provide support under this section for programs sponsored by the
Federal Government, regional entities, States, local governments, and
private entities and nonprofit organizations that assist small business
concerns and medium-sized business concerns that are economically
dependent on defense expenditures to acquire dual-use capabilities
through the provision of loan guarantees to such business concerns
under the terms and conditions specified under this section and other
applicable law.
``(b) Transfer of Administration.--(1) The Secretary of Defense may
enter into a memorandum of understanding with the Administrator of the
Small Business Administration, the Administrator of the Economic
Development Administration of the Department of Commerce, or the head
of any other Federal agency having expertise regarding the provision of
loan guarantees, under which the agency may--
``(A) process applications for loan guarantees under this
section;
``(B) guarantee repayment of the resulting loans; and
``(C) provide any other services to the Secretary to
administer the loan guarantee program under this section.
``(2) From funds made available for the loan guarantee program
under this section, the Secretary of Defense may transfer to the agency
or agencies that are parties to the memorandum of understanding such
sums as may be necessary for the agency or agencies to carry out
activities under the loan guarantee program.
``(3) The Secretary of Defense shall enter into the memorandum of
understanding authorized by paragraph (1) within 60 days after the date
of the enactment of this section.
``(c) Condition on Operation.--The Secretary shall carry out the
loan guarantee program authorized under this section during any fiscal
year for which funds are specifically made available to cover the costs
of loan guarantees to be issued pursuant to such section.
``(d) Special Requirements Regarding Loan Guarantees.--(1)
Competitive procedures shall be used in the selection of small business
concerns and medium-sized business concerns to receive loan guarantees
under this section.
``(2) The criteria used for the selection of a small business
concern or medium-sized business concern to receive a loan guarantee
under this section shall include the following:
``(A) The extent to which the loans to be guaranteed would
support the retention of defense workers whose employment would
otherwise be permanently or temporarily terminated as a result
of reductions in expenditures by the United States for defense,
the termination or cancellation of a defense contract, the
failure to proceed with an approved major weapon system, the
merger or consolidation of the operations of a defense
contractor, or the closure or realignment of a military
installation.
``(B) The extent to which the loans to be guaranteed would
stimulate job creation and new economic activities in
communities most adversely affected by reductions in
expenditures by the United States for defense, the termination
or cancellation of a defense contract, the failure to proceed
with an approved major weapon system, the merger or
consolidation of the operations of a defense contractor, or the
closure or realignment of a military installation.
``(C) The extent to which the loans to be guaranteed would
be used to acquire (or permit the use of other funds to
acquire) capital equipment to modernize or expand the
facilities of the borrower to enable the borrower to remain in
the national technology and industrial base available to the Department
of Defense.
``(3) Except as provided in paragraph (4), to be eligible for a
loan guarantee under this section, a borrower must demonstrate to the
satisfaction of the Secretary that, during any one of the seven
preceding operating years of the borrower, at least 25 percent of the
value of the borrower's sales were derived from--
``(A) contracts with the Department of Defense or the
defense-related activities of the Department of Energy; or
``(B) subcontracts in support of defense-related prime
contracts.
``(4)(A) An individual described in subparagraph (B) shall be
eligible for a loan guarantee under this section to establish, or
acquire and operate, a small business concern in an area that the
Secretary determines is (or reasonably can be expected to be)
detrimentally affected by reductions in defense spending, the
termination or cancellation of a defense contract, the failure to
proceed with an approved major weapon system, the merger or
consolidation of the operations of a defense contractor, or the closure
or realignment of a military installation.
``(B) An individual referred to in subparagraph (A) is an
individual--
``(i) who is a former employee of the Department of Defense
or a defense contractor; and
``(ii) whose employment was terminated as a result of
reductions in defense spending, the termination or cancellation
of a defense contract, the failure to proceed with an approved
major weapon system, the merger or consolidation of the
operations of a defense contractor, or the closure or
realignment of a military installation.
``(e) Maximum Amount of Loan Principal.--The maximum amount of loan
principal for which the Secretary may provide a guarantee under this
section during a fiscal year may not exceed--
``(1) $1,250,000, with respect to a small business concern;
and
``(2) $10,000,000 with respect to a medium-sized business
concern.
``(f) Loan Guaranty Rate.--The maximum allowable guarantee
percentage for loans guaranteed under this section may not exceed 90
percent.
``(g) Allocation of Funds Between Small and Medium Businesses.--The
total amount available for a fiscal year to cover the costs of loan
guarantees under this section shall be divided between small business
concerns and medium-sized business concerns as follows:
``(A) 60 percent for small business concerns.
``(B) 40 percent for medium-sized business concerns.
``(h) Medium-Sized Business Concern Defined.--In this section, the
term `medium-sized business concern' means a business concern that is
not more than two times the maximum size specified by the Administrator
of the Small Business Administration for purposes of determining
whether a business concern furnishing a product or service is a small
business concern.''.
(2) The table of sections at the beginning of subchapter IV of such
chapter is amended by inserting before the item relating to section
2525 the following new item:
``2524. Loan guarantees for defense dependent small- and medium-sized
business concerns.''.
(b) Continued Availability of Existing Funds.--The funds made
available under the second proviso under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' in Public Law 103-335
(108 Stat. 2613) shall be available until September 30, 1999--
(1) to cover the costs (as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees issued under section 2524 of title 10, United States
Code, as added by subsection (a); and
(2) to cover the reasonable costs of the administration of
loan guarantees referred to in such section. | Authorizes the Secretary of Defense to support through the provision of loan guarantees programs sponsored by the Federal Government, regional entities, State and local governments, private entities, and nonprofit organizations that assist small and medium-sized businesses that are economically dependent on defense expenditures to acquire dual-use (military and commercial) capabilities. Provides for the transfer of such loan guarantee authority and funding from the Secretary to the appropriate Federal agency by way of a memorandum of understanding.
Authorizes the Secretary to carry out the loan guarantee program during any fiscal year for which funds are specifically made available for such purpose. Requires competitive procedures to be used in the selection of appropriate businesses for the loan program, under specified criteria. Requires a borrower to demonstrate that, during any one of the past seven years, at least 25 percent of the borrower's sales were derived from: (1) contracts with the Department of Defense or defense-related activities of the Department of Energy; or (2) subcontracts in support of defense-related prime contracts. Provides for: (1) a maximum loan amount and a loan guaranty rate; and (2) a 60-40 allocation of loan funds to small and medium-sized businesses, respectively.
Provides for the continued availability through FY 1999 of current funding for the loan guarantee program. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to restore the Department of Defense loan guarantee program for small and medium-sized business concerns that are economically dependent on defense expenditures."} | 1,617 | 278 | 0.694434 | 2.053788 | 0.925684 | 3.706564 | 5.980695 | 0.888031 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Aviation Research and
Development Authorization Act of 1999''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (4)(J);
(2) by striking the period at the end of paragraph (5) and
inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(6) for fiscal year 2000, $208,416,100 including--
``(A) $17,269,000 for system development and
infrastructure projects and activities;
``(B) $33,042,500 for capacity and air traffic
management technology projects and activities;
``(C) $11,265,400 for communications, navigation,
and surveillance projects and activities;
``(D) $15,765,000 for weather projects and
activities;
``(E) $6,358,200 for airport technology projects
and activities;
``(F) $39,639,000 for aircraft safety technology
projects and activities;
``(G) $53,218,000 for system security technology
projects and activities;
``(H) $26,207,000 for human factors and aviation
medicine projects and activities;
``(I) $3,481,000 for environment and energy
projects and activities; and
``(J) $2,171,000 for innovative/cooperative
research projects and activities, of which $750,000
shall be for carrying out subsection (h) of this
section; and
``(7) for fiscal year 2001, $222,950,000.''.
SEC. 3. BUDGET DESIGNATION FOR RESEARCH AND DEVELOPMENT ACTIVITIES.
Section 48102 of title 49, United States Code, is amended by
inserting after subsection (f) the following new subsection:
``(g) Designation of Activities.--(1) The amounts appropriated
under subsection (a) are for the support of all research and
development activities carried out by the Federal Aviation
Administration that fall within the categories of basic research,
applied research, and development, including the design and development
of prototypes, in accordance with the classifications of the Office of
Management and Budget Circular A-11 (Budget Formulation/Submission
Process).
``(2) The Department of Transportation's annual budget request for
the Federal Aviation Administration shall identify all of the
activities carried out by the Administration within the categories of
basic research, applied research, and development, as classified by the
Office of Management and Budget Circular A-11. Each activity in the
categories of basic research, applied research, and development shall
be identified regardless of the budget category in which it appears in
the budget request.''.
SEC. 4. NATIONAL AVIATION RESEARCH PLAN.
Section 44501(c) of title 49, United States Code, is amended--
(1) in paragraph (2)(B)--
(A) by striking ``and'' at the end of clause (iii);
(B) by striking the period at the end of clause
(iv) and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following new clause:
``(v) highlight the research and development technology
transfer activities that promote technology sharing among
government, industry, and academia through the Stevenson-Wydler
Technology Innovation Act of 1980.''; and
(2) in paragraph (3), by inserting ``The report shall be
prepared in accordance with requirements of section 1116 of
title 31, United States Code.'' after ``effect for the prior
fiscal year.''.
SEC. 5. INTEGRATED SAFETY RESEARCH PLAN.
(a) Requirement.--Not later than March 1, 2000, the Administrator
of the National Aeronautics and Space Administration and the
Administrator of the Federal Aviation Administration shall jointly
prepare and transmit to the Congress an integrated civil aviation
safety research and development plan.
(b) Contents.--The plan required by subsection (a) shall include--
(1) an identification of the respective research and
development requirements, roles, and responsibilities of the
National Aeronautics and Space Administration and the Federal
Aviation Administration;
(2) formal mechanisms for the timely sharing of information
between the National Aeronautics and Space Administration and
the Federal Aviation Administration, including a requirement
that the FAA-NASA Coordinating Committee established in 1980
meet at least twice a year; and
(3) procedures for increased communication and coordination
between the Federal Aviation Administration research advisory
committee established under section 44508 of title 49, United
States Code, and the NASA Aeronautics and Space Transportation
Technology Advisory Committee, including a proposal for greater
cross-membership between those two advisory committees.
SEC. 6. INTERNET AVAILABILITY OF INFORMATION.
The Administrator of the Federal Aviation Administration shall make
available through the Internet home page of the Federal Aviation
Administration the abstracts relating to all research grants and awards
made with funds authorized by the amendments made by this Act. Nothing
in this section shall be construed to require or permit the release of
any information prohibited by law or regulation from being released to
the public.
SEC. 7. RESEARCH ON NONSTRUCTURAL AIRCRAFT SYSTEMS.
Section 44504(b)(1) of title 49, United States Code, is amended by
inserting ``, including nonstructural aircraft systems,'' after ``life
of aircraft''.
SEC. 8. ELIGIBILITY FOR AWARDS.
(a) In general.--The Administrator of the Federal Aviation
Administration shall exclude from consideration for grant agreements
made by that Administration with funds appropriated pursuant to the
amendments made by this Act any person who received funds, other than
those described in subsection (b), appropriated for a fiscal year after
fiscal year 1999, under a grant agreement from any Federal funding
source for a project that was not subjected to a competitive, merit-
based award process, except as specifically authorized by this Act. Any
exclusion from consideration pursuant to this subsection shall be
effective for a period of 5 years after the person receives such
Federal funds.
(b) Exception.--Subsection (a) shall not apply to the receipt of
Federal funds by a person due to the membership of that person in a
class specified by law for which assistance is awarded to members of
the class according to a formula provided by law.
(c) Definition.--For purposes of this section, the term ``grant
agreement'' means a legal instrument whose principal purpose is to
transfer a thing of value to the recipient to carry out a public
purpose of support or stimulation authorized by a law of the United
States, and does not include the acquisition (by purchase, lease, or
barter) of property or services for the direct benefit or use of the
United States Government. Such term does not include a cooperative
agreement (as such term is used in section 6305 of title 31, United
States Code) or a cooperative research and development agreement (as
such term is defined in section 12(d)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).
SEC. 9. COMPLIANCE WITH BUY AMERICAN ACT.
No funds authorized pursuant to this Act may be expended by an
entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
SEC. 10. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the sense of
the Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Administrator of the Federal Aviation
Administration shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the Congress.
SEC. 11. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal agency that
any person intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any product
sold in or shipped to the United States that is not made in the United
States, such person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act, pursuant to
the debarment, suspension, and ineligibility procedures described in
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
SEC. 12. LASER VISUAL GUIDANCE RESEARCH.
The Federal Aviation Administration is encouraged to conduct
research on the laser visual guidance landing system.
Passed the House of Representatives September 15, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Civil Aviation Research and Development Authorization Act of 1999 - Amends Federal transportation law to authorize FY 2000 and 2001 appropriations for certain Federal Aviation Administration (FAA) research and development (R&D) programs. Requires the Department of Transportation's (DOT) annual budget request for the FAA to identify all of the activities carried out by it within the categories of basic research, applied research, and development, as classified by the Office of Management and Budget (OMB) Circular A-11.
(Sec. 4) Requires the FAA's national aviation research plan to include, among other things, a highlight of the R&D technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980.
(Sec. 5) Directs the Administrators of the National Aeronautics and Space Administration and the FAA to submit jointly to Congress an integrated civil aviation safety R&D plan.
(Sec. 6) Directs the Administrator of the FAA to make available through the FAA Internet home page abstracts relating to all research grants and awards made with funds authorized by this Act, except any material whose release is prohibited by law or regulation.
(Sec. 7) Requires the Administrator of the FAA to conduct research to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue on nonstructural aircraft systems.
(Sec. 8) Directs the Administrator of the FAA to exclude from consideration for a FAA grant any person (except certain members of a recipient class) who received grant funds from a Federal funding source for a project that was not subjected to a competitive, merit-based award process.
(Sec. 9) Prohibits an entity from spending funds appropriated under this Act unless it agrees to comply with the Buy American Act. Declares that it is the sense of Congress that entities receiving financial assistance under this Act should spend the assistance to purchase only American-made equipment or products. Requires the Administrator of the FAA to provide each recipient of such assistance notice of such Buy American requirements.
(Sec. 11) Prohibits the use of funds for contracts with persons falsely labeling products as made in America.
(Sec. 12) Encourages the FAA to conduct research on the laser visual guidance landing system. | {"src": "billsum_train", "title": "Civil Aviation Research and Development Authorization Act of 1991"} | 1,998 | 527 | 0.490704 | 1.636359 | 0.692082 | 3.461538 | 4.09276 | 0.900452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``March of Dimes Commemorative Coin
Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) President Franklin Roosevelt's personal struggle with
polio led him to create the National Foundation for Infantile
Paralysis (now known as the March of Dimes) on January 3, 1938,
at a time when polio was on the rise.
(2) The Foundation established patient aid programs and
funded research for polio vaccines developed by Jonas Salk, MD,
and Albert Sabin, MD.
(3) Tested in a massive field trial in 1954 that involved
1.8 million schoolchildren known as ``polio pioneers'', the
Salk vaccine was licensed for use on April 12, 1955 as ``safe,
effective, and potent''. The Salk and Sabin polio vaccines
funded by the March of Dimes ended the polio epidemic in the
United States.
(4) With its original mission accomplished, the Foundation
turned its focus to preventing birth defects, prematurity, and
infant mortality in 1958. The Foundation began to fund research
into the genetic, prenatal, and environmental causes of over
3,000 birth defects.
(5) The Foundation's investment in research has led to 13
scientists winning the Nobel Prize since 1954, including Dr.
James Watson's discovery of the double helix.
(6) Virginia Apgar, MD, creator of the Apgar Score, helped
develop the Foundation's mission for birth defects prevention;
joining the Foundation as the head of its new birth defects
division in 1959.
(7) In the 1960s, the Foundation created over 100 birth
defects treatment centers, and then turned its attention to
assisting in the development of Neonatal Intensive Care Units,
or NICUs.
(8) With March of Dimes support, a Committee on Perinatal
Health released Toward Improving the Outcome of Pregnancy in
1976, which included recommendations that led to the
regionalization of perinatal health care in the United States.
(9) Since 1998, the March of Dimes has advocated for and
witnessed the passage of the Birth Defects Prevention Act,
Children's Health Act, PREEMIE Act, and Newborn Screening Save
Lives Act.
(10) In 2003, the March of Dimes launched a Prematurity
Campaign to increase awareness about and reduce the incidence
of preterm birth, infant mortality, birth defects, and lifelong
disabilities and disorders.
(11) The March of Dimes actively promotes programs for and
funds research into newborn screening, pulmonary surfactant
therapy, maternal nutrition, smoking cessation, folic acid
consumption to prevent neural tube defects, increased access to
maternity care, and similar programs to improve maternal and
infant health.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In recognition and celebration of the
founding and proud service of the March of Dimes, the Secretary of the
Treasury (hereafter in this Act referred to as the ``Secretary'') shall
mint and issue not more than 500,000 $1 coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(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 COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the mission and programs of the
March of Dimes, and its distinguished record of generating
Americans' support to protect our children's health.
(2) Designation 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 ``2014''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall--
(1) contain motifs that represent the past, present, and
future of the March of Dimes and its role as champion for all
babies, such designs to be consistent with the traditions and
heritage of the March of Dimes;
(2) be selected by the Secretary, after consultation with
the March of Dimes and the Commission of Fine Arts; and
(3) be reviewed by the Citizens Coin Advisory Committee.
SEC. 5. ISSUANCE.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--For the 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 of the Treasury may issue
coins minted under this Act only during the 1-year period beginning on
January 1, 2014.
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 of $10 per 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 March of Dimes to help finance research, education, and services
aimed at improving the health of women, infants, and children.
(c) Audits.--The March of Dimes 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. | March of Dimes Commemorative Coin Act of 2011- Directs the Secretary of the Treasury to mint and issue up to 500,000 $1 coins emblematic of the mission and programs of the March of Dimes.
Permits issuance of such coins only during the one-year period beginning on January 1, 2014.
Requires all surcharges received by the Secretary from the sale of such coins to be promptly paid to the March of Dimes to help finance research, education, and services aimed at improving the health of women, infants, and children.
Subjects the March of Dimes to federal audit requirements. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in recognition and celebration of the 75th anniversary of the establishment of the March of Dimes Foundation."} | 1,663 | 128 | 0.354512 | 1.093379 | 0.56331 | 6.044643 | 13.4375 | 0.919643 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Value-Based Insurance Design Seniors
Copayment Reduction Act of 2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A growing body of evidence demonstrates that increases
in patient-level financial barriers (including deductibles,
copayments, and coinsurance) for high-value medical services
(such as prescription medications, clinician visits, diagnostic
tests, and procedures) systematically reduces the use of such
services. Savings attributable to cost-related, decreased
utilization of specific services may lead to an increase in
total medical expenditures due to increased use of other
related clinical services, such as hospitalizations and
emergency room visits.
(2) Empirical research studies demonstrate that reductions
in beneficiary out-of-pocket expenses for high-value
prescription medications and clinical services can mitigate the
adverse health and financial consequences attributable to cost-
related decreased utilization of high-value services.
(3) Financial barriers to prescription medications and
clinical services that are deemed to be high-value should be
reduced or eliminated to increase their use.
(4) Value-Based Insurance Design is a methodology that
adjusts patient out-of-pocket costs for prescription
medications and clinical services according to the clinical
value, not exclusively the cost. Value-Based Insurance Design
is based on the concept of clinical nuance that recognizes--
(A) prescription medications and clinical services
differ in the clinical benefit provided; and
(B) the clinical benefit derived from a specific
prescription medication or clinical service depends on
the clinical situation, the provider, and where the
care is delivered.
(5) The current ``one-size-fits-all'' copayment or
coinsurance design for prescription medications and clinical
services provided under the Medicare program does not recognize
the well-established value differences in health outcomes
produced by various medical interventions.
(6) The establishment by Medicare of copayment and
coinsurance requirements using Value-Based Insurance Design
methodologies will improve patient-centered health outcomes,
enhance personal responsibility, and afford a more efficient
use of taxpayer dollars.
SEC. 3. DEMONSTRATION PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall establish a
demonstration program to test Value-Based Insurance Design
methodologies in Medicare Advantage plans under part C of title XVIII
of the Social Security Act for beneficiaries with chronic clinical
conditions.
(b) Demonstration Program Design.--
(1) In general.--The Secretary shall select not less than 2
Medicare Advantage plans to participate in the demonstration
program under this section.
(2) Requirements.--A Medicare Advantage plan selected to
participate in the demonstration program under paragraph (1)
shall meet the following requirements:
(A) The plan offers a coordinated Medicare Part D
drug benefit.
(B) The plan and the Medicare Advantage
organization offering the plan meet such other criteria
as the Secretary determines appropriate.
(c) Expansion of Demonstration Program.--The Secretary shall expand
the demonstration program by issuing regulations to implement, on a
permanent basis, the components of the demonstration program that are
beneficial to Medicare beneficiaries and the Medicare program, unless
the report under subsection (e) or (f)(3) contains an evaluation that
the demonstration program under this section--
(1) increases Medicare program expenditures for
beneficiaries participating in the demonstration program; or
(2) decreases the quality of health care services provided
to Medicare beneficiaries participating in the demonstration
program.
(d) Value-Based Insurance Design Methodology.--
(1) Value-based insurance design.--For purposes of this
section, ``Value-Based Insurance Design'' is a methodology for
identifying specific prescription medications and clinical
services for which copayments or coinsurance should be reduced
or eliminated due to the high-value and effectiveness of such
medications and services for specific clinical conditions.
(2) Reduction of copayments and coinsurance.--Under the
demonstration program, a Medicare Advantage organization, using
Value-Based Insurance Design methodologies, shall identify each
prescription medication and clinical service for which the
amount of the copayment or coinsurance payable should be
reduced or eliminated.
(3) Reduction of copayments and coinsurance to encourage
use of specific clinical services.--Under the demonstration
program, the Medicare Advantage organization, using Value-Based
Insurance Design, may lower cost-sharing under the plan for the
purpose of encouraging enrollees to use prescription
medications and clinical services (such as preventive care,
primary care, specialty visits, diagnostic tests, procedures,
and durable medical equipment) that such organization has
identified as high-value for the management of specified
clinical conditions in paragraph (5). Any such variation on
copayment or coinsurance by a Medicare Advantage organization
must occur on an annual basis and be evidence-based.
(4) Reduction of copayments and coinsurance to encourage
use of specific high-performing providers.--Under the
demonstration program, the Medicare Advantage organization,
using Value-Based Insurance Design, may lower cost-sharing
under the plan for the purpose of encouraging enrollees to use
providers that such organization has identified as high-
performing based on quality metrics. Any such variation on
copayment or coinsurance by a Medicare Advantage organization
must occur on an annual basis.
(5) Specific clinical conditions.--In identifying clinical
conditions for purposes of paragraph (3), the Medicare
Advantage organization shall, at a minimum, consider the
services utilized across the spectrum of care in the management
of the following clinical conditions:
(A) Asthma.
(B) Atrial fibrillation.
(C) Deep venous thrombosis.
(D) Cancer.
(E) Chronic obstructive pulmonary disease.
(F) Chronic renal failure/End stage renal disease.
(G) Congestive heart failure.
(H) Ischemic heart disease/Myocardial infarction.
(I) Depression.
(J) Diabetes mellitus.
(K) Hyperlipidemia.
(L) Hypertension.
(M) Osteoporosis.
(N) Stroke.
(O) Tobacco abuse disorder.
(6) Prohibition of increases of copayments and
coinsurance.--A Medicare Advantage plan selected to participate
in the demonstration program under paragraph (1) may not raise
cost-sharing on any item or service to discourage its use.
(e) Report on Implementation.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the implementation by the Secretary of the
demonstration program under this section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A statement setting forth each medication and
clinical service identified pursuant to subsection
(d)(3).
(B) For each such medication or clinical service
identified pursuant to subsection (d)(3), a statement
of the amount of the copayment or coinsurance required
to be paid for such service and the amount of the
reduction from previous cost-sharing levels.
(C) For each such high-performing provider
identified pursuant to subsection (d)(4), a statement
of the amount of the copayment or coinsurance required
to be paid for such clinician visit and the amount of
the reduction from previous cost-sharing levels.
(f) Review and Assessment of Utilization of Value-Based Insurance
Design Methodologies.--
(1) In general.--The Secretary shall enter into a contract
or agreement with an independent, nonbiased entity having
expertise in Value-Based Insurance Design to review and assess
the implementation of the demonstration program under this
section. The review and assessment shall include the following:
(A) An assessment of the utilization of Value-Based
Insurance Design methodologies referred to in
subsection (d).
(B) An analysis of whether reducing or eliminating
the copayment or coinsurance for each medication and
clinical service identified pursuant to subsection
(d)(3) resulted in increased adherence to medication
regimens, increased service utilization, improvement in
quality metrics, better health outcomes, or enhanced
beneficiary experience.
(C) An analysis of the cost-savings resulting from
reducing or eliminating the copayment or coinsurance
for each medication or clinical service so identified.
(D) An analysis of whether reducing or eliminating
the copayment or coinsurance for each high-performing
provider identified pursuant to subsection (d)(4)
resulted in improvement in quality metrics, better
health outcomes, or enhanced beneficiary experience.
(E) An analysis of the cost-savings resulting from
reducing or eliminating the copayment or coinsurance
for each high-performing provider so identified.
(F) Such other matters as the Secretary considers
appropriate.
(2) Report.--The contract or agreement entered into under
paragraph (1) shall require the entity concerned to submit to
the Secretary a report on the review and assessment conducted
by the entity under that paragraph in time for the inclusion of
the results of such report in the report required by paragraph
(3).
(3) Report to congress.--Not later than 3 years after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report on the review and assessment conducted
under this subsection. The report shall include the following:
(A) A description of the results of the review and
assessment.
(B) Such recommendations as the Secretary considers
appropriate for enhancing the utilization of the
methodologies referred to in subsection (d)(1) so as to
reduce copayments and coinsurance paid by Medicare
beneficiaries for high-value prescription medications
and clinical services furnished under the Medicare
program and to otherwise improve the quality of health
care provided under such Medicare program.
(g) Waiver.--The Secretary may waive such provisions of titles XI
and XVIII of the Social Security Act as may be necessary to carry out
the demonstration program under this section.
(h) Implementation Funding.--For purposes of carrying out the
demonstration program under this section, the Secretary shall provide
for the transfer from the Federal Hospital Insurance Trust Fund under
section 1817 of the Social Security Act (42 U.S.C. 1395i) and the
Federal Supplementary Insurance Trust Fund under section 1841 of the
Social Security Act (42 U.S.C. 1395t), including the Medicare
Prescription Drug Account in such Trust Fund, in such proportion as
determined appropriate by the Secretary, of such sums as may be
necessary. | Value Based Insurance Design Seniors Copayment Reduction Act of 2015 Directs the Department of Health and Human Services (HHS) to establish a demonstration program to test Value-Based Insurance Design methodologies in Medicare Advantage plans under part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act for beneficiaries with chronic clinical conditions. Defines "value-based insurance design methodology" as one for identifying specific prescription medications and clinical services for which copayments or coinsurance should be reduced or eliminated due to the high-value and effectiveness of such medications and services for specific clinical conditions. Directs HHS to expand the demonstration program, except in certain circumstances, by issuing regulations to implement, on a permanent basis, those components that are beneficial to Medicare beneficiaries and the Medicare program. | {"src": "billsum_train", "title": "Value-Based Insurance Design Seniors Copayment Reduction Act of 2015"} | 2,221 | 172 | 0.651085 | 1.860954 | 0.781251 | 5.883562 | 14.575342 | 0.910959 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Forest
Organizational Camp Fee Improvement Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings, purpose, and definitions.
Sec. 3. Fees for occupancy and use of National Forest System lands and
facilities by organizational camps.
Sec. 4. Implementation.
Sec. 5. Relationship to other laws.
Sec. 6. Deposit and expenditure of use fees.
Sec. 7. Ministerial issuance or amendment authorization.
SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) Organizational camps, such as those administered by the
Boy Scouts, Girl Scouts, and faith-based and community-based
organizations, provide a valuable service to young people,
individuals with a disability, and their families by promoting
physical, mental, and spiritual health through activities
conducted in a natural environment.
(2) The 192,000,0000 acres of national forests and
grasslands of the National Forest System managed for multiple
uses by the Forest Service provides an ideal setting for such
organizational camps.
(3) The Federal Government should charge land use fees for
the occupancy and use of National Forest System lands by such
organizational camps that, while based on the fair market value
of the land in use, also recognize the benefits provided to
society by such organizational camps, do not preclude the
ability of such organizational camps from utilizing these
lands, and permit capital investment in, and maintenance of,
camp facilities by such organizational camps or their
sponsoring organizations.
(4) Organizational camps should--
(A) ensure that their facilities meet applicable
building and safety codes, including fire and health
codes;
(B) have annual inspections as required by local
law, including at a minimum inspections for fire and
food safety; and
(C) have in place safety plans that address fire
and medical emergencies and encounters with wildlife.
(b) Purpose.--It is the purpose of this Act to establish a land use
fee system that provides for an equitable return to the Federal
Government for the occupancy and use of National Forest System lands by
organizational camps that serve young people or individuals with a
disability.
(c) Definitions.--In this Act:
(1) The term ``organizational camp'' means a public or
semi-public camp that--
(A) is developed on National Forest System lands by
a nonprofit organization or governmental entity;
(B) provides a valuable service to the public by
using such lands as a setting to introduce young people
or individuals with a disability to activities that
they may not otherwise experience and to educate them
on natural resource issues; and
(C) does not have as its primary purpose raising
revenue through commercial activities.
(2) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(3) The term ``individual with a disability'' has the
meaning given the term in section 7 of the Rehabilitation Act
of 1973 (29 U.S.C. 705).
(4) The term ``children at risk'' means children who are
raised in poverty or in single-parent homes or are subject to
such circumstances as parental drug abuse, homelessness, or
child abuse.
(5) The term ``change in control'' means--
(A) in the case of a corporation, the sale or
transfer of a controlling interest in the corporation;
(B) in the case of a partnership or limited
liability company, the sale or transfer of a
controlling interest in the partnership or limited
liability company; and
(C) in the case of an individual, the sale or
transfer of an organizational camp to another party.
SEC. 3. FEES FOR OCCUPANCY AND USE OF NATIONAL FOREST SYSTEM LANDS AND
FACILITIES BY ORGANIZATIONAL CAMPS.
(a) Land Use Fee.--
(1) Percentage of land value.--The Secretary shall charge
an annual land use fee for each organizational camp for its
occupancy and use of National Forest System lands equal to five
percent of the product of the following:
(A) The total number of acres of National Forest
System lands authorized for the organizational camp.
(B) The estimated per-acre market value of land and
buildings in the county where the camp is located, as
reported in the most recent Census of Agriculture
conducted by the National Agricultural Statistics
Service.
(2) Annual adjustment.--The land use fee determined under
paragraph (1) for an organizational camp shall be adjusted
annually by the annual compounded rate of change between the
two most recent Censuses of Agriculture.
(3) Reduction in fees.--
(A) Based on type of participants.--The Secretary
shall reduce the land use fee determined under
paragraph (1) for an organizational camp if the
organizational camp is attended by individuals with a
disability or children at risk. The amount of the
reduction for a year shall bear the same ratio to the
land use fee determined under paragraph (1) for the
organizational camp as the total number of individuals
with a disability and children at risk who attend the
organizational camp bears to the total number of
individuals who attend the organizational camp for the
year.
(B) Based on type of programs.--After making the
reduction required by subparagraph (A), the Secretary
shall also reduce the land use fee determined under
paragraph (1) for an organizational camp if the
organizational camp provides youth programs for
individuals attending the camp consisting of organized
and supervised social, citizenship, character-building,
or faith-based activities oriented to outdoor-
recreation experiences. The amount of the reduction for
a year shall be equal to 60 percent of the land use fee
determined under paragraph (1), as adjusted under
subparagraph (A).
(C) Relation to minimum fee.--Notwithstanding
subparagraphs (A) and (B), the reductions made under
this paragraph may not reduce the land use fee for an
organizational camp below the minimum land use fee
required to be charged under paragraph (4).
(D) Special considerations.--For purposes of
determining the amount of the land use fee reduction
required under subparagraph (A) or (B), the Secretary
may not take into consideration the existence of
sponsorships or scholarships to assist individuals in
attending the organizational camp.
(4) Minimum land use fee.--The Secretary shall charge a
minimum land use fee under paragraph (1) that represents, on
average, the Secretary's cost annually to administer an
organizational camp special use authorization in the National
Forest Region in which the organizational camp is located.
Notwithstanding paragraph (3) or subsection (d), the minimum
land use fee shall not be subject to a reduction or waiver.
(b) Facility Use Fee.--
(1) Percentage of facilities value.--If an organizational
camp uses a Government-owned facility on National Forest System
lands pursuant to section 7 of the Act of April 24, 1950
(commonly known as the Granger-Thye Act; 16 U.S.C. 580d), the
Secretary shall charge, in addition to the land use fee imposed
under subsection (a), a facility use fee equal to five percent
of the value of the authorized facilities, as determined by the
Secretary.
(2) Reduction in fees prohibited.--Notwithstanding
subsection (d), the facility use fees determined under
paragraph (1) shall not be subject to a reduction or waiver.
(c) Fee Related to Receipt of Other Revenues.-- If an
organizational camp derives revenue from the use of National Forest
System lands or authorized facilities described in subsection (b) for
purposes other than to introduce young people or individuals with a
disability to activities that they may not otherwise experience and to
educate them on natural resource issues, the Secretary shall charge, in
addition to the land use fee imposed under subsection (a) and the
facility use fee imposed under subsection (b), an additional fee equal
to five percent of that revenue.
(d) Work-In-Lieu Program.--Subject to subsections (a)(4) and
(b)(2), section 3 of the Federal Timber Contract Payment Modification
Act (16 U.S.C. 539f) shall apply to the use fees imposed under this
section.
SEC. 4. IMPLEMENTATION.
(a) Prompt Implementation.--The Secretary shall issue direction
regarding implementation of this Act by interim directive within 180
days after the date of the enactment of this Act. The Secretary shall
implement this Act beginning with the first billing cycle for
organizational camp special use authorizations occurring more than 180
days after the date of the enactment of this Act.
(b) Phase-In of Use Fee Increases.--In issuing any direction
regarding implementation of this Act under subsection (a), the
Secretary shall consider whether to phase-in any significant increases
in annual land or facility use fees for organizational camps.
SEC. 5. RELATIONSHIP TO OTHER LAWS.
Except as specifically provided by this Act, nothing in this Act
supersedes or otherwise affects any provision of law, regulation, or
policy regarding the issuance or administration of authorizations for
organizational camps regarding the occupancy and use of National Forest
System lands.
SEC. 6. DEPOSIT AND EXPENDITURE OF USE FEES.
(a) Deposit and Availability.--Unless subject to section 7 of the
Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16
U.S.C. 580d), use fees collected by the Secretary under this Act shall
be deposited in a special account in the Treasury and shall remain
available to the Secretary for expenditure, without further
appropriation until expended, for the purposes described in subsection
(c).
(b) Transfer.--Upon request of the Secretary, the Secretary of the
Treasury shall transfer to the Secretary from the special account such
amounts as the Secretary may request. The Secretary shall accept and
use such amounts in accordance with subsection (c).
(c) Use.--Use fees deposited pursuant to subsection (a) and
transferred to the Secretary under subsection (b) shall be expended for
monitoring of Forest Service special use authorizations, administration
of the Forest Service's special program, interpretive programs,
environmental analysis, environmental restoration, and similar
purposes.
SEC. 7. MINISTERIAL ISSUANCE OR AMENDMENT AUTHORIZATION.
(a) NEPA Exception.--The ministerial issuance or amendment of an
organizational camp special use authorization shall not be subject to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Rule of Construction.--For purposes of subsection (a), the
ministerial issuance or amendment of an authorization occurs only when
the issuance or amendment of the authorization would not change the
physical environment or the activities, facilities, or program of the
operations governed by the authorization, and at least one of the
following apply:
(1) The authorization is issued upon a change in control of
the holder of an existing authorization.
(2) The holder, upon expiration of an authorization, is
issued a new authorization.
(3) The authorization is amended--
(A) to effectuate administrative changes, such as
modification of the land use fee or conversion to a new
special use authorization form; or
(B) to include nondiscretionary environmental
standards or to conform with current law. | National Forest Organizational Camp Fee Improvement Act of 2003 - Directs the Secretary of Agriculture to charge an annual acreage and market value-based fee for the occupancy and use of National Forest System lands (land use fees) and facilities (facility fees) by organizational camps (nonprofit or governmental entity-run camps for youth or persons with disabilities). Provides for annual land use fee adjustments.Reduces the land-use fee, but not below a minimum amount to be determined by the Secretary, for: (1) use by persons with disabilities and at-risk children; and (2) youth programs through organized social, citizenship, character-building, or faith-based activities oriented to outdoor recreation. Prohibits facility use fee reductions.Provides for an additional fee if an organizational camp derives revenue from such lands' or facilities' use for purposes other than to introduce young people or people with disabilities to natural resource education or other appropriate experiences. | {"src": "billsum_train", "title": "To establish a user fee system that provides for an equitable return to the Federal Government for the occupancy and use of National Forest System lands and facilities by organizational camps that serve the youth and disabled adults of America, and for other purposes."} | 2,471 | 205 | 0.61836 | 1.905976 | 0.795175 | 3.082418 | 12.879121 | 0.906593 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Surface
Transportation and Taxation Equity Act'' or as the ``STATE Act''.
(b) Purposes.--The purposes of this Act are to--
(1) return primary transportation program responsibility
and taxing authority to the States,
(2) free States' transportation dollars from Federal
micromanagement, earmarking, and budgetary pressures,
(3) enable decisions regarding which infrastructure
projects will be built, how they will be financed, and how they
will be regulated to be made by persons best able to make those
decisions,
(4) eliminate the current system in which a Federal
gasoline tax is sent to Washington and through a cumbersome
Department of Transportation bureaucracy,
(5) prohibit the Federal Government from forcing unwanted
mandates on States by threatening to withhold transportation
money, and
(6) achieve measurable congestion mitigation and
infrastructure preservation and safety in a cost effective way
subject to available resources.
SEC. 2. FEDERAL TAX ON FUELS DECREASED BY AMOUNT OF INCREASE IN STATE
TAX ON FUEL.
(a) In General.--Subpart B of part III of subchapter A of chapter
32 of the Internal Revenue Code of 1986 (relating to special provisions
applicable to fuels tax) is amended by adding at the end the following
new section:
``SEC. 4106. REDUCTION IN RATES OF TAX BASED ON INCREASE IN STATE TAX
RATE.
``(a) In General.--Under regulations prescribed by the Secretary,
the rate of tax imposed under section 4081 with respect to any fuel and
the rate of tax imposed under section 4041 with respect to any liquid
shall be decreased, but not below 2 cents per gallon, by the applicable
State tax rate increase with respect to such fuel or liquid.
``(b) Applicable State Tax Rate Increase.--For purposes of this
section, the term `applicable State tax rate increase' means, with
respect to any fuel or liquid, the excess, as periodically determined
under tables prescribed by the Secretary, of--
``(1) the rate of tax imposed by the applicable State on
the sale or use of such fuel or liquid, over
``(2) the rate of tax imposed by the applicable State on
the sale or use of such fuel or liquid as of the date of the
introduction of the STATE Act.
Any increase in the rate of tax imposed by any applicable State on the
sale or use of any fuel or liquid shall be taken into account under
this subsection only if State law provides that such increase is to be
taken into account under this subsection.
``(c) Applicable State.--For purposes of this section, the term
`applicable State' means the State which is determined under
regulations prescribed by the Secretary as--
``(1) in the case of a liquid to which section 4041
applies, the State in which such liquid is sold or used, or
``(2) in the case of a fuel to which section 4081 applies,
the State in which such fuel is most likely to be sold or used.
``(d) Requirement To Maintain Interstate Highway System.--
Subsection (a) shall not apply with respect to any fuel or liquid if
the applicable State with respect to such fuel or liquid has not
entered into an agreement with the Secretary of Transportation under
which such State has agreed to provide for the proper maintenance of
that portion of the interstate highway system which is within such
State.''.
(b) Conforming Amendments.--
(1) Section 9503 of such Code is amended by striking
subsection (d).
(2)(A) Paragraph (4) of section 9503(e) of such Code is
amended to read as follows:
``(4) Reduction in rate of transfer based on reduction in
state tax rates.--
``(A) In general.--There shall be substituted for
each amount in paragraph (2) an amount which bears the
same ratio to such amount as the aggregate reduced tax
rate bears to the aggregate unreduced tax rate.
``(B) Aggregate reduced tax rate.--For purposes of
subparagraph (A), the term `aggregate reduced tax rate'
means, with respect to any amount for any calendar
year, the amount of tax that the Secretary estimates
will be imposed with respect to the liquid or fuel to
which such amount relates for such year after
application of section 4106.
``(C) Aggregate unreduced tax rate.--For purposes
of subparagraph (A), the term `aggregate unreduced tax
rate' means, with respect to any amount for any
calendar year, the amount of tax that the Secretary
estimates would have been imposed with respect to the
liquid or fuel to which such amount relates for such
year if section 4106 did not apply for such year.''.
(B) Subparagraph (A) of section 9503(e)(2) of such Code is
amended by striking ``sentence'' and inserting ``subsection''.
(3) The table for section for subpart B of part III of
subchapter A of chapter 32 of such Code is amended by adding at
the end the following new item:
``Sec. 4106. Reduction in rates of tax based on increase in State tax
rate.''.
(c) Effective Date.--The amendment made by this section shall apply
to liquid or fuel removed, entered, sold, or used after the date of the
enactment of this Act. | Surface Transportation and Taxation Equity Act or the STATE Act Amends the Internal Revenue Code to reduce the federal excise tax on gasoline and special fuels (but not below two cents per gallon) by corresponding increases in fuel taxes imposed by states as of January 6, 2015 (the date of introduction of this Act). | {"src": "billsum_train", "title": "STATE Act"} | 1,227 | 70 | 0.53895 | 1.296362 | 0.715836 | 1.983607 | 18.327869 | 0.836066 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Partnership Renewal Act''.
SEC. 2. EXTENSION OF TRADE PREFERENCES FOR HAITI.
(a) Special Rules for Haiti.--
(1) Apparel and other textile articles.--Section 213A(b) of
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b))
is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)(v)(I)(cc), by
striking ``2017.'' and inserting ``2017, and in
each succeeding 1-year period thereafter.'';
and
(ii) in subparagraph (C)--
(I) by striking ``11''; and
(II) by striking ``December 19,
2018.'' and inserting ``December 19,
2030.''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking
``11 succeeding 1-year periods,'' and inserting
``succeeding 1-year periods through September
30, 2030,''; and
(ii) in subparagraph (B)(iii), by striking
``11 succeeding 1-year periods,'' and inserting
``succeeding 1-year periods through September
30, 2030,''.
(2) Extension of special rules.--Section 213A(h) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(h)) is
amended--
(A) by striking ``Except as provided in subsection
(b)(1), the'' and inserting ``The''; and
(B) by striking ``September 30, 2020.'' and
inserting ``September 30, 2030.''.
(b) Import-Sensitive Articles.--
(1) Transition period treatment of certain textile and
apparel articles.--Section 213(b)(2)(A)(iii) of the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)(iii)) is
amended--
(A) in subclause (II)(cc), by striking ``September
30, 2020.'' and inserting ``September 30, 2030.''; and
(B) in subclause (IV)(dd), by striking ``September
30, 2020.'' and inserting ``September 30, 2030.''.
(2) Transition period treatment of certain other apparel
articles.--Section 213(b)(2)(A)(iv)(II) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)(iv)(II)) is
amended by striking ``18''.
(3) Extension of transition period.--Section
213(b)(5)(D)(i) of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703(b)(5)(D)(i)) is amended by striking ``September
30, 2020;'' and inserting ``September 30, 2030;''.
SEC. 3. DUTY-FREE TREATMENT OF FOOTWEAR.
Section 213A(b)(3) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a(b)(3)) is amended by adding at the end the following:
``(H) Footwear.--
``(i) In general.--Any article, other than
an article described in clause (ii), that
undergoes a change in Haiti to being
classifiable under heading 6401, 6402, 6403,
6404, or 6405 of the HTS from being
classifiable under any other heading of the HTS
and is imported directly from Haiti or the
Dominican Republic shall enter the United
States free of duty, without regard to the
source of the components from which the article
is made.
``(ii) Articles described.--Articles
described in this clause are articles
classifiable under subheading 6401.10.00,
6401.92.90, 6401.99.10, 6401.99.30, 6401.99.60,
6401.99.90, 6402.91.10, 6402.91.20, 6402.91.26,
6402.91.50, 6402.91.80, 6402.91.90, 6402.99.08,
6402.99.16, 6402.99.19, 6402.99.33, 6402.99.80,
6402.99.90, 6403.91.60, 6403.91.90, 6403.99.60,
6403.99.90, 6404.11.90, or 6404.19.20 of the
HTS.''.
SEC. 4. SPECIAL RULES FOR CERTAIN GOODS.
Section 213A(c) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a(c)) is amended to read as follows:
``(c) Special Rules for Certain Goods.--
``(1) Wire harness automotive components.--
``(A) In general.--Any wire harness automotive
component that is the product or manufacture of Haiti
and is imported directly from Haiti into the customs
territory of the United States shall enter the United
States free of duty until September 30, 2030, if Haiti
has met the requirements of subsection (d) and if the
sum of--
``(i) the cost or value of the materials
produced in Haiti or one or more countries
described in subsection (b)(2)(C), or any
combination thereof, plus
``(ii) the direct costs of processing
operations (as defined in section 213(a)(3))
performed in Haiti or the United States, or
both,
is not less than 35 percent of the declared customs
value of such wire harness automotive component.
``(B) Wire harness automotive component defined.--
For purposes of this subsection, the term `wire harness
automotive component' means any article provided for in
subheading 8544.30.00 of the HTS, as in effect on
December 20, 2006.
``(2) Travel goods.--Any article classifiable under
subheading 4202.11, 4202.19, 4202.21, 4202.29, 4202.31,
4202.39, 4202.91, or 4202.99 of the HTS that undergoes a change
in Haiti to being classifiable under that subheading from being
classifiable under a chapter of the HTS other than chapter 42
and is imported directly from Haiti or the Dominican Republic
shall enter the United States free of duty, without regard to
the source of the components from which the article is made.
``(3) Leather wearing apparel.--Any article classifiable
under subheading 4203.10.40, 4203.29.08, or 4203.29.18 of the
HTS that undergoes a change in Haiti to being classifiable
under that subheading from being classifiable under a chapter
of the HTS other than chapter 42 and is imported directly from
Haiti or the Dominican Republic shall enter the United States
free of duty, without regard to the source of the components
from which the article is made.
``(4) Lamps, lighting, and other electrical components.--
Any article classifiable under subheading 8536.30, 8539.10,
8539.49, 9032.10, 9405.10, 9405.20, 9405.30, 9405.40, 9405.50,
9405.60, 9405.91, 9405.92, or 9405.99 of the HTS that undergoes
a change in Haiti to being classifiable under that subheading
from being classifiable under any other chapter of the HTS and
is imported directly from Haiti or the Dominican Republic shall
enter the United States free of duty.''.
SEC. 5. CONTINUING COMPLIANCE.
Section 213A(d)(3) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a(d)(3)) is amended by striking ``terminate'' and inserting
``terminate, in whole or in part,''. | Haitian Partnership Renewal Act This bill amends the Caribbean Basin Economic Recovery Act to extend: (1) the 60% applicable percentage requirement for duty-free entry of apparel articles assembled in Haiti and imported from Haiti or the Dominican Republic to the United States, and (2) duty-free entry of such articles through December 19, 2030. Duty-free entry for woven articles and certain knit articles assembled in Haiti and imported from Haiti or the Dominican Republic to the United States is extended through September 30, 2030. The special duty-free rules for Haiti are extended through September 30, 2030. The transition period treatment of certain textile and apparel articles is extended through September 30, 2030. Duty-free coverage is provided: for certain footwear, travel goods, leather wearing apparel, and lamps, lighting, and other electrical components that undergo a change in Haiti and are imported directly from Haiti or the Dominican Republic; and through September 30, 2030, for a qualifying wire harness automotive component that is the product or manufacture of Haiti and is imported directly from Haiti. | {"src": "billsum_train", "title": "Haitian Partnership Renewal Act"} | 1,847 | 209 | 0.631377 | 1.80495 | 0.852577 | 3.230769 | 6.533654 | 0.894231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA Medical Workforce Enhancement Act
of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds as follows:
(1) The United States is currently facing critical
workforce shortages in all areas of hospital operations,
including both clinical and nonclinical operations.
(2) As its workforce ages, the Veterans Health
Administration of the Department of Veterans Affairs is facing
a loss of staff through retirement at a time of staffing
shortages across all areas of hospital operations.
(3) The demand for health professionals will grow as the
``Baby Boom'' generation retires and adds to an already
burgeoning population of elderly requiring more extensive
health services.
(4) There are not enough nurses and health care providers
to care for veterans who are on the Department of Veterans
Affairs waiting lists. During the current nationwide nursing
shortage, the Department of Veterans Affairs must replace up to
5.3 percent of its registered nurses each year just to keep
pace with the loss from nurses who retire.
(5) The number of nurses retiring in the next 10 years is
expected to far exceed the number of new nurses joining the
workforce, resulting in a nationwide nursing shortage.
(6) This shortage will certainly affect health care
facilities of the Department of Veterans Affairs, which, like
many other health care facilities, are already seeing a
shrinking pool of highly trained nurses.
(7) Nursing care is vital to providing the best patient
care possible and, as the nursing shortage worsens, care for
veterans who have sacrificed much for the liberties and
freedoms enjoyed by the American people will suffer.
(8) In order to meet the increasing demand from veterans in
need of health care, the Department of Veterans Affairs must be
aggressive in its efforts to recruit and retain its nursing
staff.
(9) The failure to maintain adequate staffing levels can
harm veterans under the Department's care. There is a clear
link between nurse-to-patient ratios and patient successes. For
every additional patient over four in a nurse's workload, the
risk of death increases by 7 percent for surgical patients.
Unfortunately, many Department of Veterans Affairs' facilities
do not meet the threshold safe ratio of four medical/surgical
patients per nurse. Some facilities have six, seven, or eight
surgical patients per nurse.
(10) There are acute shortages plaguing other critical
healthcare staff including pharmacists, radiology, and
laboratory technologists and other ancillary professionals.
(11) Thirty-one percent of medical technologists of the
Department of Veterans Affairs are eligible for or nearing
retirement.
(12) Nearly 20 percent of the pharmacy technicians of the
Department of Veterans Affairs have between 20 and 34 years of
Government service.
(13) One-quarter of the nursing assistants of the
Department of Veterans Affairs have between 20 and 34 years of
Government service and, therefore, are eligible for or nearing
retirement.
(14) The lack of allied health care workers and hospital
support staff on the weekends hurts direct patient care.
Without support staff, nurses are forced to devote less time on
direct patient care in order to transport patients, clean the
wards, and perform other duties typically done by nursing
assistants, housekeepers, and other ancillary staff. Providing
a premium pay for regular weekend shifts will help maintain
adequate levels of support staff on the weekends.
(15) Ongoing education is important to maintain high
standards of professionalism in nursing care. The Department of
Veterans Affairs should encourage the professional development
of its nursing staff through ongoing educational programs and
through funding opportunities to support nurses in achieving a
baccalaureate or masters degree in nursing.
(b) Purposes.--The purposes of this Act are the following:
(1) To clarify that the Secretary of Veterans Affairs and
labor organizations representing health care employees can work
together to improve patient care by allowing the Secretary the
option of negotiation with exclusive employee representatives
over safe staffing levels to ensure that veterans are provided
with high quality care.
(2) To improve the consistency, legitimacy, and fairness in
the nurse pay and promotion system of the Veterans Health
Administration by allowing the Secretary of Veterans Affairs
and labor organizations to negotiate the process by which
nurses and other health care professionals are promoted.
(3) To provide for additional pay for Saturday tours of
duty for additional health care workers in the Veterans Health
Administration.
(4) To provide for a program to be conducted by the
Secretary of Veterans Affairs to assess the benefits of
establishing a nurse preceptor program.
SEC. 3. ENHANCING SAFETY AND QUALITY OF PATIENT CARE.
Section 7422 of title 38, United States Code, is amended--
(1) by redesigning subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Nothing in subsection (b), (c), or (d) precludes the
Secretary and any labor organization representing employees of the
Veterans Health Administration from entering into a collective
bargaining agreement, at the election of the Secretary, with respect
to--
``(1) the numbers, types, and grades of employees or
positions assigned to any medical facility, clinic, or
organizational subdivision;
``(2) the number of patients assigned to employees referred
to in section 7401 of this title who are physicians, physicians
assistants, or nurses; and
``(3) employee-to-patient ratios for employees referred to
in section 7401 of this title other than those specified in
paragraph (2).''.
SEC. 4. IMPROVEMENTS TO THE RETENTION AND RECRUITMENT OF HEALTH CARE
PROFESSIONALS.
Section 7403 of title 38, United States Code, is amended by adding
at the end the following new subsections:
``(h) Nothing in this section, or in subsection (b), (c), and (d)
of section 7422 of this title, shall limit the right or ability of any
labor organization representing employees in the Veterans Health
Administration to engage in collective bargaining with respect to the
promotion processes established pursuant to this section.
``(i) In a case in which a registered nurse has accomplished the
performance elements for promotion to the next grade, the lack of a
specific type of educational degree shall not be an impediment to
promotion, and in such a case the registered nurse shall not be denied
a promotion on that basis.''.
SEC. 5. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH
CARE WORKERS IN THE VETERANS HEALTH ADMINISTRATION.
(a) In General.--Section 7454(b) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
``(3) Employees appointed under section 7408 of this title shall be
entitled to additional pay on the same basis as provided for nurses in
section 7453(c) of this title.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to pay periods beginning on or after the date of the
enactment of this Act.
SEC. 6. NURSE PRECEPTOR PROGRAM.
(a) Nature of Program.--The Secretary of Veterans Affairs shall
carry out a nurse preceptor program to develop nurse preceptors who
will act as mentors to newly hired registered nurses at Department of
Veterans Affairs health care facilities.
(b) Structure of Program.--The nurse preceptor program shall
include the following:
(1) For registered nurses interested in becoming nurse
preceptors, intensive training and screening programs.
(2) For registered nurses selected to be nurse preceptors--
(A) a rigorous 26-week training program;
(B) continuous professional development classes;
and
(C) a salary increase equivalent to 5 percent of
gross annual salary for any period during which the
nurse functions as a nurse preceptor.
(c) Annual Report to Congress.--Each year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and the House of Representatives a
report on the effectiveness and usefulness of the nurse preceptor
program. The Secretary shall include in each report the following:
(1) The Secretary's assessment of the benefits to veterans
of the program.
(2) The Secretary's assessment of the effect of the program
on the Department of Veterans Affairs, including the effect on
retention of a qualified nursing staff.
(3) Any other findings and conclusions of the Secretary
with respect to the program. | VA Medical Workforce Enhancement Act of 2003 - States that: (1) current collective bargaining requirements within the Veterans Health Administration (VHA) shall not preclude the Secretary of Veterans Affairs and any labor organization representing VHA employees from entering into a collective bargaining agreement with respect to the numbers, types, and grades of employees, the number of patients assigned to physicians, physicians assistants, or nurses, and employee-to-patient ratios within any VHA medical facility, clinic, or organizational subdivision; and (2) nothing shall limit the right or ability of any labor organization representing such employees from engaging in collective bargaining with respect to VHA promotion processes. Provides that when a VHA registered nurse has accomplished the performance elements of promotion to the next higher grade, the lack of a specific type of educational degree shall not be an impediment to such promotion.Authorizes additional pay for Saturday VHA nursing duty.Directs the Secretary to carry out a program to develop nurse preceptors to act as mentors to newly hired registered nurses at Department of Veterans Affairs health care facilities. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve patient care and working conditions at the Veterans Health Administration of the Department of Veterans Affairs."} | 1,836 | 229 | 0.473866 | 1.404868 | 0.710032 | 4.58209 | 8.79602 | 0.920398 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection Act of 1993''.
SEC. 2. REGISTRATION OF CONVICTED SEX OFFENDERS WHOSE VICTIMS ARE
CHILDREN.
(a) States To Register Persons Convicted of Sex Offenses Against
Children.--
(1) In general.--Each State shall establish and maintain a
registration program under this section requiring persons
convicted of a sex offense against a victim who is a child to
register a current address and other information that the
Attorney General deems relevant, with a designated State law
enforcement agency for 20 years after being released from
prison or otherwise being freed from detention after the
conviction becomes final. Each State shall permit members of
the public to inquire whether any registered offenders live in
their vicinity and whether a named individual is so registered.
(2) Attorney general to establish guidelines.--The Attorney
General shall establish guidelines for State registration
programs under this section.
(3) Mandatory elements of guidelines.--Such guidelines
shall include provision for--
(A) a requirement that the State obtain the
fingerprints, physical description, and current
photographs of each registered person;
(B) annual updating of the information contained in
the registry by each registered person;
(C) criminal penalties for failing to comply with
the registration requirements; and
(D) a toll-free phone number through which
residents of the State may make the inquiries described
in paragraph (1).
(b) States To Report.--
(1) In general.--Each State shall report to the Attorney
General, in such form and manner as the Attorney General shall
prescribe--
(A) information about each conviction for a sex
offense against a victim who is a child; and
(B) the information on the registry that State is
required to establish and maintain under subsection
(a).
(2) Annual summary of convictions.--The Attorney General
shall publish an annual summary of convictions for sex offenses
involving children, based on information reported under this
section.
(c) Sanction for Noncompliance by State.--If a State fails to
comply with an obligation under subsection (a) or (b) during the period
that begins 3 years after the date of the enactment of this Act, the
allocation of funds under section 506 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3756) shall be reduced
by 25 percent, and the unallocated funds shall be reallocated to the
States complying with those obligations.
(d) Background Checks.--
(1) In general.--A State shall permit qualified entities to
obtain from an authorized agency of the State a nationwide
background check for the purpose of determining whether there
is a report that a provider has been convicted of a background
check crime.
(2) Attorney general to provide information.--The Attorney
General, in accordance with such rules and subject to such
conditions as the Attorney General shall prescribe, shall
provide to authorized agencies of States information possessed
by the Department of Justice that would enable the agency to
make the background check described in paragraph (1). In making
such rules and setting such conditions, the Attorney General
shall take care to assure--
(A) the currency and accuracy of the information;
and
(B) that the States maintain procedures to permit
providers to check and correct information relating to
such providers.
(e) Definitions.--As used in this Act--
(1) the term ``child'' means a person who has not attained
the age of 18 years;
(2) the term ``sex offense'' means a criminal offense which
includes as a element conduct that is a sexual act or sexual
conduct as defined in section 2245 of title 18, United States
Code;
(3) the term ``State'' includes the District of Columbia,
Puerto Rico, and any other territory or possession of the
United States;
(4) the term ``authorized agency of the State'' means the
agency of the State the State designates to carry out the
background checks described in subsection (d);
(5) the term ``qualified entity'' means a business or
organization of any sort that provides child education or child
care or child education or child care placement services,
including a business or organization that licenses or certifies
others to provide such services;
(6) the term ``provider'' means any person who--
(A) seeks or has contact with a child while that
child is receiving care from a qualified entity; and
(B) seeks employment or ownership of a qualified
entity; and
(7) the term ``background check crime'' means, with respect
to a provider, any crime committed by that provider that, as
determined under rules prescribed by the Attorney General, may
affect the safety of children under the care of a qualified
entity with respect to which that provider has a relationship
described in paragraph (5). | Child Protection Act of 1993 - Requires each State to: (1) establish and maintain a program requiring persons convicted of a sex offense against a child victim to register a current address and other information deemed relevant by the Attorney General with a designated State law enforcement agency for 20 years after being released from prison or otherwise being freed from detention after the conviction becomes final; and (2) permit members of the public to inquire whether any registered offenders live in their vicinity and whether a named individual is so registered.
Directs the Attorney General to establish guidelines for State registration programs, which shall include: (1) a requirement that the State obtain the fingerprints, physical description, and current photographs of each registered person; (2) annual updating of the registry information by each registered person; (3) criminal penalties for failing to comply with the registration requirements; and (4) a toll-free telephone number through which residents of the State may make inquiries.
Sets forth provisions regarding: (1) State reporting requirements (and requires the Attorney General to publish an annual summary of convictions for sex offenses involving children, based on reported information); and (2) sanctions for noncompliance by a State.
Requires: (1) a State to permit qualified entities to obtain from an authorized State agency a nationwide background check for the purpose of determining whether there is a report that a provider has been convicted of a background check crime; and (2) the Attorney General to provide to authorized State agencies information possessed by the Department of Justice that would enable the agency to make a background check (but assuring the currency and accuracy of the information and that the States maintain procedures to permit providers to check and correct information relating to them). | {"src": "billsum_train", "title": "Child Protection Act of 1993"} | 1,071 | 365 | 0.732434 | 2.229164 | 0.871907 | 5.172012 | 2.941691 | 0.932945 |
SECTION 1. ENHANCED COMPENSATION BENEFITS FOR VETERANS IN CERTAIN CASES
OF IMPAIRMENT OF VISION INVOLVING BOTH EYES.
(a) Short Title.--This section may be cited as the ``Dr. James
Allen Veteran Vision Equity Act''.
(b) Enhanced Compensation.--Section 1160(a)(1) of title 38, United
States Code, is amended--
(1) by striking ``blindness'' both places it appears and
inserting ``impairment of vision''; and
(2) by inserting before the semicolon at the end the
following: ``, where the impairment in each eye is to a visual
acuity of 20/200 or less''.
SEC. 2. USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME VERIFICATION
PURPOSES FOR CERTAIN VETERANS BENEFITS.
(a) Use of Information in National Directory of New Hires.--Chapter
53 of title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 5320. Use of National Directory of New Hires for income
verification purposes
``(a) Information From National Directory of New Hires.--(1) The
Secretary shall furnish to the Secretary of Health and Human Services,
on a quarterly basis or at such intervals as may be determined by the
Secretary, information in the custody of the Secretary for comparison
with information in the National Directory of New Hires maintained by
the Secretary of Health and Human Services pursuant to section 453 of
the Social Security Act (42 U.S.C. 653), in order to obtain the
information in such directory with respect to individuals under the age
of 65 who are applicants for or recipients of benefits or services
specified in subsection (d).
``(2) The Secretary shall seek information pursuant to this
subsection only to the extent essential to determining eligibility for
benefits and services specified in subsection (d) and the amount of
benefits specified in paragraphs (1) and (2) of that subsection for
individuals under the age of 65.
``(3)(A) The Secretary of Health and Human Services, in cooperation
with the Secretary, shall compare information in the National Directory
of New Hires with information in the custody of the Secretary furnished
pursuant to paragraph (1), and disclose information in that Directory
to the Secretary, in accordance with this subsection, for the purposes
specified in this subsection.
``(B) The Secretary of Health and Human Services may make a
disclosure in accordance with subparagraph (A) only to the extent that
that Secretary determines that such disclosure does not interfere with
the effective operation of the program under part D of title IV of the
Social Security Act.
``(4) The Secretary may use information resulting from a data match
pursuant to this subsection only for the purpose of determining
eligibility for benefits and services specified in subsection (d) and
the amount of benefits specified in paragraphs (1) and (2) of that
subsection.
``(5) The Secretary shall reimburse the Secretary of Health and
Human Services for the additional costs incurred by that Secretary in
furnishing information under this subsection. Such reimbursement shall
be at rates that the Secretary of Health and Human Services determines
to be reasonable (which rates shall include payment for the costs of
obtaining, verifying, maintaining, and comparing the information).
``(b) Notification to Beneficiaries.--The Secretary shall notify
each applicant for, or recipient of, a benefit or service specified in
subsection (d) that income information furnished by the applicant to
the Secretary may be compared with information obtained by the
Secretary from the Secretary of Health and Human Services under
subsection (a). The Secretary shall periodically transmit to recipients
of such benefits additional notifications of such matters.
``(c) Independent Verification Required.--The Secretary may not, by
reason of information obtained from the Secretary of Health and Human
Services under subsection (a), terminate, deny, suspend, or reduce any
benefit or service described in subsection (d) until the Secretary
takes appropriate steps to verify independently information relating to
employment and employment income.
``(d) Covered Benefits and Services.--The benefits and services
specified in this subsection are the following:
``(1) Needs-based pension benefits provided under chapter
15 of this title or under any other law administered by the
Secretary.
``(2) Parents' dependency and indemnity compensation
provided under section 1315 of this title.
``(3) Health-care services furnished under subsections
(a)(2)(G), (a)(3), and (b) of section 1710 of this title.
``(4) Compensation paid under chapter 11 of this title at
the 100 percent rate based solely on unemployability and
without regard to the fact that the disability or disabilities
are not rated as 100 percent disabling under the rating
schedule.
``(e) Limitation With Respect to Individual Unemployability
Cases.--In the case of compensation described in subsection (d)(4), the
Secretary may independently verify or otherwise act upon wage or self-
employment information referred to in subsection (c) of this section
only if the Secretary finds that the amount and duration of the
earnings reported in that information clearly indicate that the
individual is not qualified for a rating of total disability.
``(f) Opportunity to Contest Findings.--The Secretary shall inform
the individual of the findings made by the Secretary on the basis of
verified information under subsection (c), and shall give the
individual an opportunity to contest such findings, in the same manner
as applies to other information and findings relating to eligibility
for the benefit or service involved.
``(g) Source of Funds for Administration of Section.--The Secretary
shall pay the expenses of carrying out this section from amounts
available to the Department for the payment of compensation and
pension.
``(h) Termination of Authority.--The authority of the Secretary to
obtain information from the Secretary of Health and Human Services
under subsection (a) expires on September 30, 2010.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``5320. Use of National Directory of New Hires for income verification
purposes.''.
(c) Effective Date.--Section 5320 of title 38, United States Code,
as added by subsection (a), shall take effect 270 days after the date
of the enactment of this Act. | Dr. James Allen Veteran Vision Equity Act - Modifies the standard for awarding disability compensation to veterans for loss of vision to require payment of compensation for impairment of vision (currently, blindness) involving both eyes due to a service-connected and non service-connected disability. Defines such impairment as a visual acuity of 20/200 or less.
Requires the Secretary of Veterans Affairs to provide the Secretary of Health and Human Services with information for comparison with the National Directory of New Hires to determine eligibility for certain veteran benefits and services. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve compensation benefits for veterans in certain cases of impairment of vision involving both eyes, and for other purposes."} | 1,396 | 120 | 0.606404 | 1.574639 | 0.642869 | 2.37 | 13.06 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Medication Safety for
Seniors Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Prescription medications are central to the health care
of Americans, accessed by 65 percent of the U.S. public in a
given year.
(2) Medication related errors, or adverse drug events, are
one of the most common types of medical errors and one of the
greatest threats to patient safety.
(3) Studies and data have documented the prevalence of
inappropriate prescribing of medications remains a substantial
problem, with an estimated 7,000 deaths in the United States
occurring each year as a result of medication errors.
(4) Medication errors not only are harmful to patients, but
are financially costly to healthcare organizations and
providers.
(5) Resources that could be spent on direct health care
services are diverted to counteract adverse drug events.
(6) New tools and systems are necessary to address medical
error problems.
(7) Technology can be deployed which can vastly improve the
medication management process and decrease preventable patient
injuries.
(8) Electronic prescribing systems hold the potential to
substantially improve health care quality by reducing
preventable adverse drug events.
(9) Investment costs remain an obstacle for healthcare
systems to create electronic prescribing systems.
(b) Purpose.--The purpose of this Act is to encourage and create
incentives for healthcare systems to develop an electronic prescribing
system to improve safety and quality of care for all patients.
SEC. 3. DEMONSTRATION PROGRAM FOR MEDICARE HEALTH CARE PROVIDERS TO
IMPLEMENT ELECTRONIC PRESCRIPTION DRUG PROGRAMS.
(a) Establishment of Demonstration Program.--The Secretary of
Health and Human Services shall establish a demonstration program (in
this section referred to as the ``demonstration program'') under which
assistance described in subsection (b) is made available, upon request
and on a voluntary basis, to medicare health care providers for the
purpose of assisting those providers to offset the costs of electronic
prescribing systems for those providers.
(b) Assistance.--The assistance referred to in subsection (a)
consists of the provision, directly or through grants under subsection
(c), of the following:
(1) Computer software and hardware, including handheld
computer technologies and the installation of such software,
hardware, and technologies.
(2) Upgrades and other improvements to existing computer
software and hardware to enable electronic prescribing systems.
(3) Communications capabilities for clinical data access.
storage, and exchange, including the installation of such
capabilities.
(4) Education and training to eligible staff of medicare
health care providers on computer information system
technologies made available under this section.
(c) Awarding of Grants.--
(1) Authority.--The Secretary may make grants to medicare
providers of services for the purchase, lease, and installation
of the items and technologies described in subsection (b).
(2) Application.--No grant may be made under this section
except pursuant to a grant application that is submitted and
approved in a time, manner, and form specified by the Secretary
containing such information as the Secretary may require.
(3) Limitation on grants.--Only 1 grant may be awarded
under this section with respect to any medicare health care
provider or group or practice of providers or suppliers,
including providers furnishing services to medicare
beneficiaries in long-term care facilities, skilled nursing
facilities, and hospitals.
(4) Terms and conditions.--
(A) In general.--Grants under this section shall be
made under such terms and conditions as the Secretary
specifies consistent with this section.
(B) Provision of information.--As a condition for
the awarding of a grant under this section, an
applicant shall provide to the Secretary such
information as the Secretary may require in order to--
(i) evaluate the project for which the
grant is made; and
(ii) ensure that funding provided under the
grant is expended only for the purposes for
which it is made.
(C) Audit.--The Secretary shall conduct appropriate
audits of grants under this section.
(d) Demonstration Project Sites.--
(1) Number of sites.--The demonstration project established
under this section shall be conducted in not more than 5 sites
selected by the Secretary.
(2) Selection criteria.--In selecting such sites, the
Secretary shall give priority to sites in the following order:
(A) First to sites in counties, or equivalent
areas, in which the largest numbers of medicare
beneficiaries reside.
(B) Second to sites in rural areas.
(e) Duration.--The authority of the Secretary to provide assistance
under this section shall terminate on September 30, 2014.
(f) Waiver Authority.--The Secretary may waive such requirements of
titles XI and XVIII of the Social Security Act as may be necessary for
the purposes of carrying out the demonstration project.
(g) Evaluation and Report.--
(1) Evaluation.--The Secretary shall conduct evaluations of
the clinical and cost-effectiveness of the demonstration
project.
(2) Reports.--The Secretary shall submit to Congress
interim reports on the demonstration project, and not later
than 6 months after the completion of the project, a final
report on the demonstration project. Each report shall include
the following:
(A) An analysis of the patient outcomes and costs
of furnishing care to the medicare beneficiaries
participating in the project.
(B) Such recommendations regarding the extension,
expansion, or termination of the project as the
Secretary determines appropriate.
(h) Definition.--In this section:
(1) Medicare health care provider.--The term ``medicare
health care providers'' means any of the following that
furnishes items or services for which payment is made under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.):
(A) A provider of services, as that term is defined
in section 1861(u) of the Social Security Act (42
U.S.C. 1395x(u)).
(B) A supplier, as that term is defined in section
1861(d) of the Social Security Act (42 U.S.C.
1395x(d)).
(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.
(i) Authorization of Appropriations.--
(1) Amount of authorization.--There are authorized to be
appropriated to the Secretary, from amounts not otherwise
appropriated in the Treasury, to carry out this section
$50,000,000 for fiscal year 2005, and such sums as may be
necessary for each of fiscal years 2006 and 2007.
(2) Availability.--Amounts appropriated pursuant to the
authorization under paragraph (1) shall remain available
without fiscal year limitation through September 30, 2014.
(j) Implementation.--The Secretary may not implement the
demonstration project under this section before the date on which the
Secretary develops, adopts, recognizes, or modifies initial uniform
standards relating to the requirements for electronic prescription drug
programs under section 1860D-4(e)(4)(A) of the Social Security Act (42
U.S.C. 1395w-104(e)(4)(A)). | Ensuring Medication Safety for Seniors Act - Directs the Secretary of Health and Human Services to establish a demonstration program under which grants for computer hardware and software, as well as other communications capabilities, education, and training, are made available, upon request and on a voluntary basis, to Medicare health care providers to assist them in offsetting the costs of electronic prescribing systems. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to establish a demonstration program under which the Secretary offsets the costs of electronic prescribing systems of Medicare health care providers."} | 1,610 | 82 | 0.611256 | 1.596084 | 1.065573 | 3.871429 | 20.985714 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for Social Work
Research Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Social workers focus on the improvement of individual
and family functioning and the creation of effective health and
mental health prevention and treatment interventions in order
for individuals to become more productive members of society.
(2) Social workers provide front line prevention and
treatment services in the areas of school violence, aging, teen
pregnancy, child abuse, domestic violence, juvenile crime, and
substance abuse, particularly in rural and underserved
communities.
(3) Social workers are in a unique position to provide
valuable research information on these complex social concerns,
taking into account a wide range of social, medical, economic,
and community influences from an interdisciplinary, family-
centered, and community-based approach.
SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART R--NATIONAL CENTER FOR SOCIAL WORK RESEARCH
``SEC. 399AA. ESTABLISHMENT.
``(a) Establishment.--The Secretary shall establish the National
Center for Social Work Research (in this part referred to as the
`Center') for the purpose of conducting, supporting, and disseminating
targeted research on social work methods and outcomes related to
problems of significant social concern.
``(b) Director.--The Secretary shall appoint the Director of the
Center.
``SEC. 399BB. SPECIFIC AUTHORITIES.
``(a) In General.--To carry out the purpose described in section
399AA(a), the Director of the Center--
``(1) shall promote research and training designed to
inform social work practice, thus increasing the knowledge base
and promoting a healthier America;
``(2) shall provide policymakers with empirically-based
research information to enable them to better understand
complex social issues and make informed funding decisions about
service effectiveness and cost efficiency; and
``(3) may establish in the Center and other nonprofit
institutions, and make grants for, research traineeships and
fellowships to address problems of significant social concern,
especially in underserved populations and underserved
geographical areas, through the study and investigation of--
``(A) the prevention of disease;
``(B) health promotion;
``(C) the association of socioeconomic status,
gender, ethnicity, age, and geographical location with
health;
``(D) the social work care of individuals and
families affected by acute and chronic illnesses, child
abuse, neglect, or youth violence; and
``(E) child and family care.
``(b) Stipends and Allowances.--The Director of the Center may
provide individuals receiving training, instruction, traineeships, or
fellowships under this section with such stipends and allowances
(including amounts for travel and subsistence and dependency
allowances) as the Director determines necessary.
``SEC. 399CC. ADVISORY COUNCIL.
``(a) Duties.--
``(1) In general.--The Secretary shall establish an
advisory council for the Center (in this part referred to as
the `advisory council') that shall advise, assist, consult
with, and make recommendations to the Secretary and the
Director of the Center on matters related to the activities
carried out by and through the Center and the policies with
respect to such activities.
``(2) Gifts.--The advisory council may recommend to the
Secretary the acceptance, in accordance with section 231, of
conditional gifts for study, investigations, and research and
for the acquisition of grounds or construction, equipment, or
maintenance of facilities for the Center.
``(3) Other duties and functions.--The advisory council--
``(A)(i) may make recommendations to the Director
of the Center with respect to research to be conducted
by the Center;
``(ii) may review applications for grants and
cooperative agreements for research or training and
recommend for approval applications for projects that
demonstrate the probability of making valuable
contributions to human knowledge; and
``(iii) may review any grant, contract, or
cooperative agreement proposed to be made or entered
into by the Center;
``(B) may collect, by correspondence or by personal
investigation, information relating to studies that are
being carried out in the United States or any other
country and, with the approval of the Director of the
Center, make such information available through
appropriate publications; and
``(C) may appoint subcommittees and convene
workshops and conferences.
``(b) Membership.--
``(1) In general.--The voting members of the advisory
council shall be the ex officio members described in paragraph
(2) and not more than 18 individuals appointed by the Secretary
under paragraph (3).
``(2) Ex officio members.--The ex officio members of the
advisory council shall consist of the following officers and
employees (or their designees):
``(A) The Secretary of Health and Human Services,
the Director of the Center, the Director of the Centers
for Disease Control and Prevention, the Director of the
Institute of Education Sciences, the Assistant Attorney
General for the Office of Justice Programs, the
Director of the National Institutes of Health, the
Associate Director for Prevention of the National
Institute of Mental Health, and the Associate Director
for Prevention of the National Institute on Drug Abuse.
``(B) An official of the Department of Health and
Human Services with principal responsibility for health
programs relating to children and families, designated
by the Secretary of Health and Human Services.
``(C) An official of the Department of Defense with
principal responsibility for health affairs, designated
by the Secretary of Defense.
``(D) An official of the National Institute of
Mental Health with principal responsibility for
services research and clinical epidemiology, designated
by the Director of the National Institute of Mental
Health.
``(E) An official of the Department of Housing and
Urban Development with principal responsibility for
community planning and development, designated by the
Secretary of Housing and Urban Development.
``(F) An official of the Veterans Health
Administration with principal responsibility for social
work programs, designated by the Under Secretary for
Health of the Veterans Health Administration.
``(G) Any other officer or employee of the United
States who, at the request of the Secretary, agrees to
serve on the advisory council.
``(3) Appointed members.--The Secretary shall appoint not
to exceed 18 individuals to the advisory council, of which--
``(A) not more than two-thirds of such 18
individuals shall be appointed from among the leading
representatives of the health and scientific
disciplines (including public health and the behavioral
or social sciences) relevant to the activities of the
Center, of which at least 7 individuals shall be
professional social workers who are recognized experts
in the area of clinical practice, education, policy, or
research; and
``(B) not more than one-third of such 18
individuals shall be appointed from the general public
and shall include leaders in fields of public policy,
law, health policy, economics, and management.
``(4) Compensation.--Members of the advisory council who
are officers or employees of the United States shall not
receive any compensation for service on the advisory council.
The remaining members shall receive, for each day (including
travel time) they are engaged in the performance of the
functions of the advisory council, compensation at rates not to
exceed the daily equivalent of the annual rate in effect for an
individual at grade GS-18 of the General Schedule.
``(c) Terms.--
``(1) In general.--The term of office of an individual
appointed to the advisory council under subsection (b)(3) shall
be 4 years, except that any individual appointed to fill a
vacancy on the advisory council shall serve for the remainder
of the unexpired term. A member may serve after the expiration
of the member's term until a successor has been appointed.
``(2) Reappointments.--A member of the advisory council who
has been appointed under subsection (b)(3) for a term of 4
years may not be reappointed to the advisory council prior to
the expiration of the 2-year period beginning on the date on
which the prior term expired.
``(3) Vacancy.--If a vacancy occurs on the advisory council
among the members under subsection (b)(3), the Secretary shall
make an appointment to fill that vacancy not later than 90 days
after the date on which the vacancy occurs.
``(4) Expiration of terms.--The Secretary shall make
appointments to the advisory council in such a manner as to
ensure that the terms of the members do not all expire in the
same year.
``(d) Chairperson.--
``(1) Selection.--The Secretary shall select the
chairperson of the advisory council from among the members
appointed under subsection (b)(3) and the Director of the
Center.
``(2) Term.--The term of office of the chairperson shall be
2 years, except that such term shall not apply if the
chairperson is the Director of the Center.
``(e) Meetings.--The advisory council shall meet at the call of the
chairperson or upon the request of the Director of the Center, but not
less than 3 times each fiscal year. The location of the meetings of the
advisory council shall be subject to the approval of the Director of
the Center.
``(f) Administrative Provisions.--The Director of the Center shall
designate a member of the staff of the Center to serve as the executive
secretary of the advisory council. The Director of the Center shall
make available to the advisory council such staff, information, and
other assistance as the council may require to carry out its functions.
The Director of the Center shall provide orientation and training for
new members of the advisory council to provide such members with such
information and training as may be appropriate for their effective
participation in the functions of the advisory council.
``(g) Comments and Recommendations.--The advisory council--
``(1) may prepare for inclusion in the biennial report
under section 399DD--
``(A) comments with respect to the activities of
the advisory council in the fiscal years for which the
report is prepared;
``(B) comments on the progress of the Center in
meeting its objectives; and
``(C) recommendations with respect to the future
direction and program and policy emphasis of the
Center; and
``(2) such additional reports as the advisory council
determines to be appropriate.
``SEC. 399DD. BIENNIAL REPORTS.
``(a) In General.--The Secretary shall transmit to the President
and to the Congress a biennial report which shall be prepared by the
Director of the Center, after consultation with the advisory council,
and which shall consist of--
``(1) a description of the activities of the Center and the
program policies of the Director of the Center in the fiscal
years for which the report is prepared; and
``(2) such additional information as the Director
determines appropriate.
``(b) Comments by Advisory Council.--The Director of the Center
shall provide the advisory council an opportunity to submit written
comments described in section 399CC(g).
``SEC. 400. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there is authorized to
be appropriated such sums as may be necessary for each of the fiscal
years 2005 through 2009.''. | National Center for Social Work Research Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish the National Center for Social Work Research to conduct, support, and disseminate targeted research on social work methods and outcomes related to problems of significant social concern. Requires the Secretary to appoint a Director of the Center to: (1) promote research and training designed to inform social work practice; (2) provide policy makers with empirically-based research information; and (3) establish research traineeships to address problems of significant social concern. Establishes an advisory council for the Center. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for the establishment of a National Center for Social Work Research."} | 2,519 | 133 | 0.61284 | 1.673612 | 0.704032 | 4.302521 | 20.361345 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bear Protection Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) all 8 extant species of bear--Asian black bear, brown
bear, polar bear, American black bear, spectacled bear, giant
panda, sun bear, and sloth bear--are listed on Appendix I or II
of the Convention on International Trade in Endangered Species
of Wild Fauna and Flora (27 UST 1087; TIAS 8249) (referred to
in this section as ``CITES'');
(2) Article XIV of CITES provides that Parties to CITES may
adopt stricter domestic measures regarding the conditions for
trade, taking, possession, or transport of species listed on
Appendix I or II, and the Parties to CITES adopted a resolution
in 1997 (Conf. 10.8) urging the Parties to take immediate
action to demonstrably reduce the illegal trade in bear parts;
(3) thousands of bears in Asia are cruelly confined in
small cages to be milked for their bile, and the wild Asian
bear population has declined significantly in recent years, as
a result of habitat loss and poaching due to a strong demand
for bear viscera used in traditional medicines and cosmetics;
(4) Federal and State undercover operations have revealed
that American bears have been poached for their viscera;
(5) while most American black bear populations are
generally stable or increasing, commercial trade could
stimulate poaching and threaten certain populations if the
demand for bear viscera increases; and
(6) prohibitions against the importation into the United
States and exportation from the United States, as well as
prohibitions against the interstate trade, of bear viscera and
products containing, or labeled or advertised as containing,
bear viscera will assist in ensuring that the United States
does not contribute to the decline of any bear population as a
result of the commercial trade in bear viscera.
SEC. 3. PURPOSES.
The purpose of this Act is to ensure the long-term viability of the
world's 8 bear species by--
(1) prohibiting interstate and international trade in bear
viscera and products containing, or labeled or advertised as
containing, bear viscera;
(2) encouraging bilateral and multilateral efforts to
eliminate such trade; and
(3) ensuring that adequate Federal legislation exists with
respect to domestic trade in bear viscera and products
containing, or labeled or advertised as containing, bear
viscera.
SEC. 4. DEFINITIONS.
In this Act:
(1) Bear viscera.--The term ``bear viscera'' means the body
fluids or internal organs, including the gallbladder and its
contents but not including blood or brains, of a species of
bear.
(2) Import.--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 the landing, bringing, or
introduction constitutes an importation within the meaning of
the customs laws of the United States.
(3) Person.--The term ``person'' means--
(A) an individual, corporation, partnership, trust,
association, or other private entity;
(B) an officer, employee, agent, department, or
instrumentality of--
(i) the Federal Government;
(ii) any State, municipality, or political
subdivision of a State; or
(iii) any foreign government;
(C) any other entity subject to the jurisdiction of
the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, American Samoa, and any other territory, commonwealth,
or possession of the United States.
(6) Transport.--The term ``transport'' means to move,
convey, carry, or ship by any means, or to deliver or receive
for the purpose of movement, conveyance, carriage, or shipment.
SEC. 5. PROHIBITED ACTS.
(a) In General.--Except as provided in subsection (b), a person
shall not--
(1) import into, or export from, the United States bear
viscera or any product, item, or substance containing, or
labeled or advertised as containing, bear viscera; or
(2) sell or barter, offer to sell or barter, purchase,
possess, transport, deliver, or receive, in interstate or
foreign commerce, bear viscera or any product, item, or
substance containing, or labeled or advertised as containing,
bear viscera.
(b) Exception for Wildlife Law Enforcement Purposes.--A person
described in subparagraph (B) of section 4(3) may import into, or
export from, the United States, or transport between States, bear
viscera or any product, item, or substance containing, or labeled or
advertised as containing, bear viscera if the importation, exportation,
or transportation--
(1) is solely for purposes of enforcing laws relating to
the protection of wildlife; and
(2) is authorized by a valid permit issued under Appendix I
or II of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249), in
any case in which such a permit is required under the
Convention.
SEC. 6. PENALTIES AND ENFORCEMENT.
(a) Criminal Penalties.--A person that knowingly violates section 5
shall be fined under title 18, United States Code, imprisoned not more
than 1 year, or both.
(b) Civil Penalties.--
(1) Amount.--A person that knowingly violates section 5 may
be assessed a civil penalty by the Secretary of not more than
$25,000 for each violation.
(2) Manner of assessment and collection.--A civil penalty
under this subsection shall be assessed, and may be collected,
in the manner in which a civil penalty under the Endangered
Species Act of 1973 may be assessed and collected under section
11(a) of that Act (16 U.S.C. 1540(a)).
(c) Seizure and Forfeiture.--Any bear viscera or any product, item,
or substance exported, imported, sold, bartered, attempted to be
exported, imported, sold, bartered, offered for sale or barter,
purchased, possessed, transported, delivered, or received in violation
of this section (including any regulation issued under this section)
shall be seized and forfeited to the United States.
(d) Regulations.--After consultation with the Secretary of the
Treasury and the United States Trade Representative, the Secretary
shall issue such regulations as are necessary to carry out this
section.
(e) Enforcement.--The Secretary, the Secretary of the Treasury, and
the Secretary of the department in which the Coast Guard is operating
shall enforce this section in the manner in which the Secretaries carry
out enforcement activities under section 11(e) of the Endangered
Species Act of 1973 (16 U.S.C. 1540(e)).
(f) Use of Penalty Amounts.--Amounts received as penalties, fines,
or forfeiture of property under this section shall be used in
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).
SEC. 7. DISCUSSIONS CONCERNING BEAR CONSERVATION AND THE BEAR PARTS
TRADE.
The Secretary shall continue discussions concerning trade in bear
viscera with the appropriate representatives of Parties to the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora and with other representatives of countries that are not
party to the Convention which are determined by the Secretary and the
United States Trade Representative to be the leading importers,
exporters, or consumers of bear viscera, in order to seek to establish
coordinated efforts with these countries to protect bears.
SEC. 8. CERTAIN RIGHTS NOT AFFECTED.
Except as provided in section 5, nothing in this Act shall be
construed to affect the regulation by any State of its bear population
or to affect the hunting of bears that is lawful under applicable State
laws and regulations. | Bear Protection Act of 2001 - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, or purchasing, possessing, transporting, delivering, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Waives such prohibition for wildlife law enforcement purposes where a valid permit has been issued.Requires the Secretary of the Interior to continue discussions concerning trade in bear viscera with the appropriate representatives of Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora and with other representatives of countries that are not party to the Convention which are determined to be the leading importers, exporters, or consumers of such products, in order to establish coordinated efforts with such countries to protect bears.Declares that nothing in this Act shall be construed to affect State regulation of bear population or to affect the lawful hunting of bears under State law. | {"src": "billsum_train", "title": "To conserve global bear populations by prohibiting the importation, exportation, and interstate trade of bear viscera and items, products, or substances containing or labeled or advertised as containing, bear viscera, and for other purposes."} | 1,893 | 236 | 0.642963 | 1.926277 | 0.747003 | 4.051546 | 8.494845 | 0.876289 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Reform in Campaigns Act''.
SEC. 2. REQUIRING MAJORITY OF HOUSE OF REPRESENTATIVES CANDIDATE FUNDS
TO COME FROM INDIVIDUALS RESIDING IN DISTRICT.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) A candidate for the office of Senator or the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress may not accept contributions with respect to an election cycle
from persons other than individuals who reside in the State involved in
excess of the total of contributions accepted from individuals who
reside in the State involved.''.
SEC. 3. WORKER RIGHT TO KNOW.
(a) Contributions of Labor Organizations to All Political
Committees Included.--Paragraph (2) of section 316(b) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by
inserting ``political committee,'' after ``campaign committee,''.
(b) Applicability of Requirements to Labor Organizations.--Section
316(b) of such Act (2 U.S.C. 441b(b)) is amended by adding at the end
the following new paragraph:
``(8)(A) Subparagraphs (A), (B), and (C) of paragraph (2) shall not
apply to a labor organization unless the organization meets the
requirements of subparagraphs (B), (C), and (D).
``(B) The requirements of this subparagraph are met only if the
labor organization provides, at least once annually, to all employees
within the labor organization's bargaining unit or units (and to new
employees within 30 days after commencement of their employment)
written notification presented in a manner to inform any such
employee--
``(i) that an employee cannot be obligated to pay, through
union dues or any other mandatory payment to a labor
organization, for the political activities of the labor
organization, including, but not limited to, the maintenance
and operation of, or solicitation of contributions to, a
political committee, political communications to members, and
voter registration and get-out-the-vote campaigns;
``(ii) that no employee may be required actually to join
any labor organization, but if a collective bargaining
agreement covering an employee purports to require membership
or payment of dues or other fees to a labor organization as a
condition of employment, the employee may elect instead to pay
an agency fee to the labor organization;
``(iii) that the amount of the agency fee shall be limited
to the employee's pro rata share of the cost of the labor
organization's exclusive representation services to the
employee's collective bargaining unit, including collective
bargaining, contract administration, and grievance adjustment;
``(iv) that an employee who elects to be a full member of
the labor organization and pay membership dues is entitled to a
reduction of those dues by the employee's pro rata share of the
total spending by the labor organization for political
activities;
``(v) that the cost of the labor organization's exclusive
representation services, and the amount of spending by such
organization for political activities, shall be computed on the
basis of such cost and spending for the immediately preceding
fiscal year of such organization; and
``(vi) of the amount of the labor organization's full
membership dues, initiation fees, and assessments for the
current year; the amount of the reduced membership dues,
subtracting the employee's pro rata share of the organization's
spending for political activities, for the current year; and
the amount of the agency fee for the current year.
``(C) The requirements of this subparagraph are met only if the
labor organization provides all represented employees an annual
examination by an independent certified public accountant of financial
statements supplied by such organization which attests that the
expenditures which the union claimed it made for certain expenses were
actually made for those expenses. Such examination shall be conducted
in accordance with generally accepted auditing standards.
``(D) The requirements of this subparagraph are met only if the
labor organization--
``(i) maintains procedures to promptly determine the costs
that may properly be charged to agency fee payors as costs of
exclusive representation, and explains such procedures in the
written notification required under subparagraph (B); and
``(ii) if any person challenges the costs which may be
properly charged as costs of exclusive representation--
``(I) provides a mutually selected impartial
decisionmaker to hear and decide such challenge
pursuant to rules of discovery and evidence and subject
to de novo review by the National Labor Relations Board
or an applicable court; and
``(II) places in escrow amounts reasonably in
dispute pending the outcome of the challenge.
``(E)(i) A labor organization that does not satisfy the
requirements of subparagraphs (B), (C), and (D) shall finance any
expenditures specified in subparagraphs (A), (B), or (C) of paragraph
(2) only with funds legally collected under this Act for its separate
segregated fund.
``(ii) For purposes of this paragraph, subparagraph (A) of
paragraph (2) shall apply only with respect to communications expressly
advocating the election or defeat of any clearly identified candidate
for elective public office.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to contributions and expenditures made after the date of
the enactment of this Act.
SEC. 4. PROMOTING DISCLOSURE OF INFORMATION ON CAMPAIGN SPENDING BY
ELIMINATING THRESHOLDS FOR REPORTING.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended--
(1) by striking ``$200'' each place it appears in
subsections (b)(3)(A), (b)(3)(F), (b)(3)(G), (b)(5)(A),
(b)(6)(A), (b)(6)(B)(iii), (b)(6)(B)(v), and (c)(2)(C) and
inserting ``$1''; and
(2) in subsection (c)(1), by striking ``$250'' and
inserting ``$1''.
SEC. 5. EQUALIZATION OF LIMITS ON CONTRIBUTIONS TO CANDIDATES BY
INDIVIDUALS AND PACS.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended--
(1) in paragraph (1)(A), by striking ``$1,000'' and
inserting ``$2,500''; and
(2) in paragraph (2)(A), by striking ``$5,000'' and
inserting ``$2,500''.
SEC. 6. INDEXING OF AMOUNT OF LIMITATION ON AGGREGATE ANNUAL INDIVIDUAL
CONTRIBUTIONS.
Section 315(a)(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(3)) is amended--
(1) by striking ``(3)'' and inserting ``(3)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) For calendar years beginning with 1999, the amount in effect
under this paragraph shall be equal to the amount in effect in the
previous calendar year, increased (in a compounded manner) by the
percentage increase in the price index (as defined in subsection
(c)(2)) for the previous calendar year. In the case of any amount
adjusted under this subparagraph which is not a multiple of $100, the
amount shall be rounded to the nearest highest multiple of $100.''.
SEC. 7. REQUIRING FEC TO MAKE REPORTS AVAILABLE ON INTERNET WITHIN 48
HOURS OF RECEIPT.
Section 311(a)(4) of the Federal Election Campaign Act of 1971 (2
U.S.C. 438(a)(4)) is amended by striking ``make them available for
public inspection,'' and inserting ``post them on the Internet and
otherwise make them available for public inspection,''.
SEC. 8. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
apply with respect to election occurring after January 1999. | Election Reform in Campaigns Act - Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit House candidates from accepting contributions in an election cycle from persons in excess of the total of contributions accepted from individuals who reside in the State involved.
(Sec. 3) Modifies the term "contribution or expenditure" (as defined for the purposes of FECA and the Public Utility Holding Company Act) to include contributions and expenditures made to political committees by national banks, corporations, and labor organizations.
Prohibits applying current FECA requirements regarding certain permissible political activities by national banks, corporations, and labor organizations to labor organizations unless specified conditions are met. Sets a limitation on communications made by labor organizations to their members and families.
(Sec. 4) Eliminates thresholds for the reporting of identification information of certain persons.
(Sec. 5) Equalizes the separate individual multicandidate political committees limits on contributions to candidates.
(Sec. 6) Indexes the amount of the limitation on aggregate annual annual individual contributions.
(Sec. 7) Revises requirements relating to the administrative duties of the Federal Election Commission (FEC) to require the FEC to post FECA reports on the Internet within 48 hours of receipt by the FEC. | {"src": "billsum_train", "title": "Election Reform in Campaigns Act"} | 1,914 | 285 | 0.530944 | 1.462665 | 0.730363 | 2.432773 | 6.970588 | 0.836134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governors Island Preservation Act of
2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in August 1776, the fortifications at Governors Island,
New York, provided cover allowing George Washington's
Continental Army to escape a British onslaught during the
Battle of Long Island;
(2) the State of New York, for nominal consideration, ceded
control of Governors Island to the Federal Government in 1800
to provide for the defense of the United States;
(3) during the War of 1812, the combined firepower of
Castle Williams on Governors Island and the Southwest Battery
in Manhattan dissuaded the British from making a direct attack
on New York City, which was the largest city in and principal
seaport of the United States at the time;
(4) in 1901, 4,700,000 cubic yards of fill from the
excavation of the Lexington Avenue Subway in Manhattan were
deposited to increase the area of Governors Island from 90 to
172 acres;
(5) Governors Island played a significant role in the Civil
War, World War I, and World War II, and continued to serve the
United States Army through 1966;
(6) in 1958, the United States District Court for the
Southern District of New York formally ratified the long
possession of Governors Island by the United States through a
condemnation proceeding that required ``just compensation'' of
$1;
(7) in 1966, the Army relocated operations from Governors
Island, and the United States Coast Guard assumed control of
the Island, an action that established an integral component of
the Atlantic coast efforts of the Coast Guard for the following
30 years;
(8) the Admiral's House on Governors Island hosted the
final summit meeting between President Ronald W. Reagan and
Soviet Premier Mikhail S. Gorbachev in December 1988, where the
leaders presented each other with the Articles of Ratification
for the Intermediate Nuclear Forces Treaty;
(9) the Coast Guard ceased operations at Governors Island
in 1997, leaving 225 buildings unoccupied, unused, and exposed
to the harsh elements of New York Harbor;
(10) Castle Williams is named after Lieutenant Colonel
Jonathan Williams, who built the semi-circular ``cheesebox''
fort and later served as the first superintendent of West Point
Military Academy;
(11) the pentagonal Fort Jay, named after John Jay, is the
complement of Fort Wood on nearby Bedloe Island, which serves
as the base of the Statue of Liberty;
(12) Castle Williams and Fort Jay, located within the
Governors Island National Historic Landmark District, and more
than 200 years of contributions to the history of the United
States could be lost if Governors Island were to remain vacant
or be sold to a private entity;
(13) Castle Williams and Fort Jay, key elements of the
Governors Island National Historic Landmark District, are
worthy of continued Federal protection and should be designated
a unit of the National Park System; and
(14) the State of New York and the city of New York have
agreed to a plan to be administered by the Governors Island
Redevelopment Corporation, a subsidiary of the Empire State
Development Corporation, that--
(A) offers what may be the only opportunity to
ensure--
(i) public access to Governors Island;
(ii) the preservation and protection of
historic structures on Governors Island for
future generations; and
(iii) the ability of local elected
officials, local community boards, and
community organizations to participate in the
redevelopment of Governors Island; and
(B) would provide substantial educational and
recreational facilities to the public.
(b) Purposes.--The purposes of this Act are--
(1) to prevent the deterioration of the historic military
buildings on Governors Island in New York Harbor;
(2) to ensure that Castle Williams and Fort Jay are--
(A) retained in Federal ownership;
(B) available for the benefit and inspiration of
the people of the United States; and
(C) afforded protection by the National Park
Service as a unit of the National Park System;
(3) to provide the general public with--
(A) access to Governors Island;
(B) access to open park space to experience the
majestic views of New York Harbor; and
(C) opportunities that illustrate the significant
contributions of Governors Island to the history of the
United States; and
(4) to return to the people of the State of New York
property that the State of New York conveyed to the Federal
Government, for nominal consideration, to provide for the
defense of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) City.--The term ``City'' means the City of New York.
(3) Corporation.--The term ``Corporation'' means Governors
Island Redevelopment Corporation, a subsidiary of the Empire
State Development Corporation governed by a board to be
appointed by the State and the City (or any successor entity).
(4) Management plan.--The term ``management plan'' means
the management plan prepared under section 4(f).
(5) Monument.--The term ``Monument'' means the Governors
Island National Monument established under section 4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New York.
SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT.
(a) Establishment.--To preserve for the benefit and inspiration of
the people of the United States as a national monument certain historic
structures and associated land located on Governors Island in New York
Harbor, there is established a unit of the National Park System to be
known as the ``Governors Island National Monument''.
(b) Composition.--
(1) In general.--The Monument shall be comprised of Castle
Williams and Fort Jay, as depicted on the map entitled
``Governors Island National Monument Boundary Map'', numbered
GOIS ____, and dated ____, 2000.
(2) Inclusions.--The Monument shall include--
(A) the land on which Castle Williams and Fort Jay
are situated; and
(B) the land between Castle Williams and Fort Jay;
as depicted on the map described in paragraph (1).
(3) Availability of map.--The map described in paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(c) Transfer.--Not later than 180 days after the date of enactment
of this Act, as part of the overall disposition of Governors Island,
the Administrator shall transfer administrative jurisdiction over the
Monument to the Secretary.
(d) Rights of Access.--
(1) Reservation.--As part of the overall disposition of
Governors Island, the Administrator, subject to agreement by
the Secretary and the Corporation, shall reserve the right of
access for the Secretary to the Monument for purposes of
operating and maintaining the Monument.
(2) Utilities.--The provision of and access to utilities to
the Monument shall be--
(A) determined as part of the disposition of
Governors Island in accordance with the public service
law of the State of New York; and
(B) subject to agreement between the Secretary and
the Corporation.
(e) Administration.--
(1) In general.--On completion of the transfer under
subsection (c), the Monument shall be administered by the
Secretary in accordance with--
(A) this Act; and
(B) laws generally applicable to units of the
National Park System, including--
(i) the Act entitled ``An Act to establish
a National Park Service, and for
other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and
(ii) the Act entitled ``An Act to provide
for the preservation of historic American
sites, buildings, objects, and antiquities of
national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C.
461 et seq.).
(2) Cooperative agreements.--The Secretary, in consultation
with the Corporation, may consult, and enter into cooperative
agreements, with interested entities and individuals to provide
for the preservation, development, interpretation, and use of
the Monument.
(f) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, in consultation with the Corporation and
other appropriate public and private entities, the Secretary
shall prepare a management plan for the Monument.
(2) Applicable law.--The Secretary shall prepare the
management plan in accordance with--
(A) section 12(b) of the Act entitled ``An Act to
improve the administration of the national park system
by the Secretary of the Interior, and to clarify the
authorities applicable to the system, and for other
purposes'', approved August 18, 1970 (16 U.S.C. 1a-
7(b)); and
(B) other applicable law.
(3) Submission.--On completion of the management plan, the
Secretary shall submit the management plan to--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out annual operation
and maintenance of the Monument.
SEC. 5. CONVEYANCE OF GOVERNORS ISLAND.
(a) In General.--
(1) Conveyance.--Notwithstanding section 9101 of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670)
or any other provision of law, and except as provided in
paragraphs (2) and (3), not later than 180 days after the date
of enactment of this Act, the Administrator shall convey to the
State of New York, for no consideration and for use consistent
with sections 2 (a)(14) and (b), all right, title, and interest
of the United States in and to Governors Island, to be
administered by the Corporation.
(2) Rights of access.--The conveyance under paragraph
(1)(A) shall be subject to the rights of access described in
section 4(d).
(3) Exclusion of monument.--The Monument shall not be
included in the conveyance under paragraph (1)(A).
(b) Use and Redevelopment of Governors Island.--On completion of
the conveyance under subsection (a)(1)(A), any use of the conveyed land
shall be consistent with sections 2 (a)(14) and (b) and in compliance
with--
(1) the New York State Environmental Quality Review Act
(Sections 0101 through 0117 of the Environmental Conservation
Law of New York); and
(2) the document entitled ``Governors Island Preservation
and Design Manual''--
(A) developed by the Administrator in accordance
with--
(i) the National Historic Preservation Act
(16 U.S.C. 470 et seq.); and
(ii) applicable State and local historic
preservation law; and
(B) as approved by the Administrator, State, and
City. | Requires the Administrator of General Services to transfer administrative jurisdiction over the Monument to the Secretary of the Interior. Requires the Secretary to submit a management plan for the Monument to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
Authorizes appropriations for annual operation and maintenance.
Directs the Administrator to convey Governors Island (excluding the Monument) to New York for use consistent with a plan to be administered by the Governors Island Redevelopment Corporation, the New York State Environmental Quality Review Act, and the Governors Island Preservation and Design Manual. | {"src": "billsum_train", "title": "Governors Island Preservation Act of 2000"} | 2,446 | 129 | 0.38666 | 1.155005 | 0.471769 | 4.008929 | 20.446429 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reserve Employer Tax Credit Act of
1999''.
SEC. 2. TAX CREDIT FOR RESERVE FORCES PARTICIPATION.
(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. 45D. RESERVE FORCE PARTICIPATION CREDIT.
``(a) General Rule.--For purposes of section 38, the reserve force
participation credit determined under this section is an amount equal
to the sum of--
``(1) the employment credit with respect to all qualified
employees of the taxpayer, plus
``(2) the self-employment credit of a qualified self-
employed taxpayer.
``(b) Employment Credit.--For purposes of this section--
``(1) In general.--The employment credit with respect to a
qualified employee of the taxpayer for any taxable year is
equal to 50 percent of the amount of qualified compensation
that would have been paid to the employee with respect to all
periods during which the employee participates in qualified
reserve duty to the exclusion of normal employment duties,
including time spent in a travel status had the employee not
been participating in qualified reserve duty. The employment
credit, with respect to all qualified employees, is equal to
the sum of the employment credits for each qualified employee
under this subsection.
``(2) Qualified compensation.--When used with respect to
the compensation paid or that would have been paid to a
qualified employee for any period during which the employee
participates in qualified reserve duty, the term `qualified
compensation' means compensation--
``(A) which is normally contingent on the
employee's presence for work and which would be
deductible from the taxpayer's gross income under
section 162(a)(1) if the employee were present and
receiving such compensation, and
``(B) which is not characterized by the taxpayer as
vacation or holiday pay, or as sick leave or pay, or as
any other form of pay for a nonspecific leave of
absence, and with respect to which the number of days
the employee participates in qualified reserve duty
does not result in any reduction in the amount of
vacation time, sick leave, or other nonspecific leave
previously credited to or earned by the employee.
``(3) Qualified employee.--The term `qualified employee'
means a person who--
``(A) has been an employee of the taxpayer for the
21-day period immediately preceding the period during
which the employee participates in qualified reserve
duty, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States as
defined in sections 10142 and 10101 of title 10, United
States Code.
``(c) Self-Employment Credit.--
``(1) In general.--The self-employment credit of a
qualified self-employed taxpayer for any taxable year is equal
to 50 percent of the excess, if any, of--
``(A) the self-employed taxpayer's average daily
self-employment income for the taxable year over
``(B) the average daily military pay and allowances
received by the taxpayer during the taxable year, while
participating in qualified reserve duty to the
exclusion of the taxpayer's normal self-employment
duties for the number of days the taxpayer participates
in qualified reserve duty during the taxable year,
including time spent in a travel status.
``(2) Average daily self-employment income and average
daily military pay and allowances.--As used with respect to a
self-employed taxpayer--
``(A) the term `average daily self-employment
income' means the self-employment income (as defined in
section 1402) of the taxpayer for the taxable year
divided by the difference between--
``(i) 365, and
``(ii) the number of days the taxpayer
participates in qualified reserve duty during
the taxable year, including time spent in a
travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the taxpayer
during the taxable year as military pay and
allowances on account of the taxpayer's
participation in qualified reserve duty,
divided by
``(ii) the total number of days the
taxpayer participates in qualified reserve
duty, including time spent in travel status.
``(3) Qualified self-employed taxpayer.--The term
`qualified self-employed taxpayer' means a taxpayer who--
``(A) has net earnings from self-employment (as
defined in section 1402) for the taxable year, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States.
``(d) Credit In Addition to Deduction.--The employment credit
provided in this section is in addition to any deduction otherwise
allowable with respect to compensation actually paid to a qualified
employee during any period the employee participates in qualified
reserve duty to the exclusion of normal employment duties.
``(e) Limitations.--
``(1) Maximum credit.--
``(A) In general.--The credit allowed by subsection
(a) for the taxable year--
``(i) shall not exceed $7,500 in the
aggregate, and
``(ii) shall not exceed $2,000 with respect
to each qualified employee.
``(B) Controlled groups.--For purposes of applying
the limitations in subparagraph (A)--
``(i) all members of a controlled group
shall be treated as one taxpayer, and
``(ii) such limitations shall be allocated
among the members of such group in such manner
as the Secretary may prescribe.
For purposes of this subparagraph, all persons treated
as a single employer under subsection (a) or (b) of
section 52 or subsection (m) or (o) of section 414
shall be treated as members of a controlled group.
``(2) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of the
armed forces of the united states.--No credit shall be allowed
under subsection (a) to a taxpayer for--
``(A) any taxable year in which the taxpayer is
under a final order, judgment, or other process issued
or required by a district court of the United States
under section 4323 of title 38 of the United States
Code with respect to a violation of chapter 43 of such
title, and
``(B) the two succeeding taxable years.
``(3) Disallowance with respect to persons ordered to
active duty for training.--No credit shall be allowed under
subsection (a) to a taxpayer with respect to any period for
which the person on whose behalf the credit would otherwise be
allowable is called or ordered to active duty for any of the
following types of duty:
``(A) active duty for training under any provision
of title 10, United States Code,
``(B) training at encampments, maneuvers, outdoor
target practice, or other exercises under chapter 5 of
title 32, United States Code, or
``(C) full-time National Guard duty, as defined in
section 101(d)(5) of title 10, United States Code.
``(f) General Definitions and Special Rules.--
``(1) Military pay and allowances.--The term `military pay'
means pay as that term is defined in section 101(21) of title
37, United States Code, and the term `allowances' means the
allowances payable to a member of the Armed Forces of the
United States under chapter 7 of that title.
``(2) Qualified reserve duty.--The term `qualified reserve
duty' includes only active duty performed, as designated in the
reservist's military orders, in support of a contingency
operation as defined in section 101(a)(13) of title 10, United
States Code.
``(3) Normal employment and self-employment duties.--A
person shall be deemed to be participating in qualified reserve
duty to the exclusion of normal employment or self-employment
duties if the person does not engage in or undertake any
substantial activity related to the person's normal employment
or self-employment duties while participating in qualified
reserve duty unless in an authorized leave status or other
authorized absence from military duties. If a person engages in
or undertakes any substantial activity related to the person's
normal employment or self-employment duties at any time while
participating in a period of qualified reserve duty, unless
during a period of authorized leave or other authorized absence
from military duties, the person shall be deemed to have
engaged in or undertaken such activity for the entire period of
qualified reserve duty.
``(4) Certain rules to apply.--Rules similar to the rules
of subsections (c), (d), and (e) of section 52 shall apply for
purposes of this section.''
(b) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended--
(1) by striking ``plus'' at the end of paragraph (11),
(2) by striking the period at the end of paragraph (12) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(13) the reserve force participation credit determined
under section 45D(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45C the
following new item:
``Sec. 45D. Reserve force participation
credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the calendar year which includes
the date of the enactment of this Act. | Reserve Employer Tax Credit Act of 1999 - Amends the Internal Revenue Code to provide: (1) employers a business tax credit for a portion of compensation that was not paid with respect to members of the military reserves who were absent from work on qualified reserve duty; and (2) a comparable credit for participating self-employed individuals. | {"src": "billsum_train", "title": "Reserve Employer Tax Credit Act of 1999"} | 2,192 | 69 | 0.54928 | 1.250229 | 0.794008 | 2.123077 | 31.753846 | 0.830769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Truck Safety Act''.
SEC. 2. COMMERCIAL TRUCK SAFETY PROGRAM.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 413. Commercial truck safety program
``(a) Definition of Covered Truck.--In this section, the term
`covered truck' means a 6-axle truck with a maximum gross weight of up
to 100,000 pounds.
``(b) Program.--The Secretary shall establish a program to improve
commercial motor vehicle safety on highways on the Interstate System in
accordance with this section.
``(c) State Waivers for Covered Trucks on Interstate System.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Secretary shall initiate a
rulemaking to establish, by regulation, a demonstration program
under which the Governor of a State may request from the
Secretary, and the Secretary may grant, a 3-year waiver to
covered trucks to operate on highways on the Interstate System
in the State.
``(2) Submission of request.--The Governor of a State
seeking a waiver under this subsection shall submit to the
Secretary a request for the waiver that includes--
``(A) a description of the proposed route of each
highway, or portion of a highway, on the Interstate
System on which covered trucks would be permitted to
operate;
``(B) a certification by the chief engineer of the
State transportation department that the proposed route
could safely accommodate traffic that includes covered
trucks;
``(C) a certification that the Interstate System
within the State is maintained in good repair; and
``(D) such other information as the Secretary may
require.
``(3) Determinations.--
``(A) In general.--The Secretary shall--
``(i) not later than 30 days after the date
of receipt of a waiver request under paragraph
(2)--
``(I) acknowledge receipt of the
request; and
``(II) commence a review of the
waiver request; and
``(ii) not later than 90 days after the
date of receipt, notify the Governor and
appropriate members of the State legislature of
the decision of the Secretary on the request.
``(B) Disapproval.--If the Secretary disapproves a
request for a waiver under this subsection, the
Secretary shall include with the notice of disapproval
the specific safety concerns of the Secretary with
respect to the highways covered by the request.
``(C) Failure to act.--A request for a waiver shall
be considered to be approved under this subsection if
the Secretary fails--
``(i) to approve or disapprove a request in
accordance with subparagraph (A); or
``(ii) to include with a notice of
disapproval the specific safety concerns of the
Secretary as required by subparagraph (B).
``(4) Data collection and review.--
``(A) In general.--As a condition of receiving a
waiver under this subsection, a State transportation
department that receives such a waiver shall--
``(i) collect data on the effects of the
waiver (particularly the effects on accident
rates involving heavier trucks);
``(ii) establish a safety committee to
review the data; and
``(iii) establish rules and operating
procedures for the program under this section.
``(B) Safety committee.--The safety committee of a
State referred to in subparagraph (A)(ii) shall--
``(i) be appointed by the Governor of the
State;
``(ii) at a minimum, consist of--
``(I) 1 member of the traveling
public;
``(II) 1 member from a business
that uses truck transportation
services;
``(III) 1 commercial truck driver;
``(IV) 1 professional engineer from
the State department of transportation;
and
``(V) 1 member of a highway safety
group; and
``(iii) submit to the State and the
Secretary, for each of the 3 years a waiver
received under this subsection is in effect, an
annual report describing the data reviewed by
the safety committee during the year covered by
the report.
``(C) Record of approval.--At the end of the 3-year
period of the program under this subsection, unless the
Secretary, with the advice of the safety committee of a
State established under subparagraph (A)(ii),
determines that a waiver granted to the State under
this subsection has resulted in an adverse impact on
highway safety in the State and publishes the
determination in the Federal Register, the waiver
provided to the State under this section shall be
considered to be permanent.
``(D) Waiver of vehicle weight limits.--
Notwithstanding section 127(a), a State that receives a
waiver under this subsection shall not lose any
apportionment to the State under chapter 1 by reason of
noncompliance with any of the vehicle weight provisions
of section 127 applicable to the use of certain
vehicles weighing over 80,000 pounds on a highway.''.
SEC. 3. CONFORMING AMENDMENT.
The analysis for chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
``413. Commercial truck safety program.''. | Commercial Truck Safety Act - Directs the Secretary of Transportation (DOT) to establish a program to improve commercial motor vehicle safety on Interstate System (IS) highways.
Directs the Secretary to initiate a rulemaking to establish a demonstration program under which a state governor may request from the Secretary a three-year waiver for covered trucks (six-axle trucks with a maximum gross weight of up to 100,000 pounds) to operate on the state's IS highways.
Requires a state, as a condition for receiving a waiver, to: (1) collect data on the waiver's effects, particularly on accident rates involving heavier trucks; and (2) establish a safety committee to review such data. | {"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to provide for the establishment of a commercial truck safety program, and for other purposes."} | 1,219 | 154 | 0.623034 | 1.645157 | 0.775558 | 2.671642 | 8.410448 | 0.940299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Affordable Small Dollar Loan
Act of 2010''.
SEC. 2. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS.
The Community Development Banking and Financial Institutions Act of
1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the
following:
``SEC. 122. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS.
``(a) Purposes.--The purposes of this section are to--
``(1) make financial assistance available from the Fund in
order to help community development financial institutions
defray the costs of operating small dollar loan programs, by
providing the amounts necessary for such institutions to
establish their own loan loss reserve funds to mitigate some of
the losses on such small dollar loan programs; and
``(2) encourage community development financial institution
to establish and maintain small dollar loan programs that would
help give consumers access to mainstream financial institutions
and combat payday lending.
``(b) Grants.--
``(1) Loan-loss reserve fund grants.--The Fund shall make
grants to community development financial institutions or to
any partnership between such community development financial
institutions and any other federally insured depository
institution with a primary mission to serve targeted investment
areas, as such areas are defined under section 103(16), to
enable such institutions or any partnership of such
institutions to establish a loan-loss reserve fund in order to
defray the costs of a small dollar loan program established or
maintained by such institution.
``(2) Matching requirement.--A community development
financial institution or any partnership of institutions
established pursuant to paragraph (1) shall provide non-Federal
matching funds in an amount equal to 50 percent of the amount
of any grant received under this section.
``(3) Use of funds.--Any grant amounts received by a
community development financial institutions or any partnership
between or among such institutions under paragraph (1)--
``(A) may not be used by such institution to
provide direct loans to consumers;
``(B) may be used by such institution to help
recapture a portion or all of a defaulted loan made
under the small dollar loan program of such
institution; and
``(C) may be used to designate and utilize a fiscal
agent for services normally provided by such an agent.
``(4) Technical assistance grants.--The Fund shall make
technical assistance grants to community development financial
institutions or any partnership between or among such
institutions to support and maintain a small dollar loan
program. Any grant amounts received under this paragraph may be
used for technology, staff support, and other costs associated
with establishing a small dollar loan program.
``(c) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Consumer reporting agency that compiles and maintains
files on consumers on a nationwide basis.--The term `consumer
reporting agency that compiles and maintains files on consumers
on a nationwide basis' has the same meaning given such term in
section 603(p) of the Fair Credit Reporting Act (15 U.S.C.
1681a(p)).
``(2) Small dollar loan program.--The term `small dollar
loan program' means a loan program under which a community
development financial institution or any partnership between or
among any such institutions offers loans to consumers that--
``(A) are made in amounts not exceeding $2,500;
``(B) must be repaid in installments;
``(C) have no pre-payment penalty;
``(D) the institution has to report payments
regarding the loan to at least 1 of the consumer
reporting agencies that compiles and maintains files on
consumers on a nationwide basis; and
``(E) meet any other affordability requirements as
may be established by the Administrator.
``(d) Report to Congress.--Before the end of the 1-year period
beginning on the date of the enactment of the Safe Affordable Small
Dollar Loan Act of 2010, and each year thereafter, the Administrator
shall submit to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives a report describing--
``(1) the activities carried out by the Fund pursuant to
this section; and
``(2) any measurable results, as appropriate and available,
related to the achievement of the purposes of this section as
described in subsection (a).
``(e) Authorization of Appropriations.--
``(1) Grant program.--There are authorized to be
appropriated for fiscal years 2010 through 2015 such sums as
may be necessary to carry out the grant program established
under this section.
``(2) Administrative expenses.--There is authorized to be
appropriated to the Fund for each fiscal year beginning in
fiscal year 2010, an amount equal to the amount of the
administrative costs of the Fund for the operation of the grant
program established under this section.''. | Safe Affordable Small Dollar Loan Act of 2010 - Amends the Community Development Banking and Financial Institutions Act of 1994 to require the Community Development Financial Institutions Fund to make grants to community development financial institutions or to any related partnership in order to enable such institutions to establish a loan-loss reserve fund to defray the costs of a small dollar loan program.
Requires a community development financial institution to provide non-federal matching funds equal to 50% of the amount of any grant received.
Prohibits the use of such grants to make direct loans to consumers.
Permits a community development financial institution to use such a grant to: (1) help recapture a portion or all of a defaulted loan made under its small dollar loan program; and (2) designate and utilize a fiscal agent for services the agent normally provides.
Requires the Fund to make technical assistance grants to community development financial institutions to support and maintain a small dollar loan program. | {"src": "billsum_train", "title": "To amend the Community Development Banking and Financial Institutions Act of 1994 to provide financial assistance to community development financial institutions to help defray the costs of operating small dollar loan programs, and for other purposes."} | 1,085 | 207 | 0.731172 | 2.014522 | 0.891384 | 4.467033 | 5.626374 | 0.950549 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Rural Renaissance
Act II of 2005''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.
(a) In General.--Part IV of subchapter A of chapter 1 (relating to
credits against tax) is amended by adding at the end the following new
subpart:
``Subpart H--Nonrefundable Credit to Holders of Rural Renaissance Bonds
``Sec. 54. Credit to holders of rural renaissance bonds.
``SEC. 54. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
rural renaissance bond on a credit allowance date of such bond, which
occurs during the taxable year, there shall be allowed as a credit
against the tax imposed by this chapter for such taxable year an amount
equal to the sum of the credits determined under subsection (b) with
respect to credit allowance dates during such year on which the
taxpayer holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a rural renaissance bond is 25 percent of the annual credit
determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any rural renaissance bond is the product of--
``(A) the credit rate determined by the Secretary
under paragraph (3) for the day on which such bond was
sold, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Determination.--For purposes of paragraph (2), with
respect to any rural renaissance bond, the Secretary shall
determine daily or caused to be determined daily a credit rate
which shall apply to the first day on which there is a binding,
written contract for the sale or exchange of the bond. The
credit rate for any day is the credit rate which the Secretary
or the Secretary's designee estimates will permit the issuance
of rural renaissance bonds with a specified maturity or
redemption date without discount and without interest cost to
the qualified issuer.
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term also includes the last day on which the bond is
outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed or matures.
``(c) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
part (other than subpart C thereof, relating to
refundable credits).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(d) Rural Renaissance Bond.--For purposes of this section--
``(1) In general.--The term `rural renaissance bond' means
any bond issued as part of an issue if--
``(A) the bond is issued by a qualified issuer,
``(B) 95 percent or more of the proceeds from the
sale of such issue are to be used for capital
expenditures incurred for 1 or more qualified projects,
``(C) the qualified issuer designates such bond for
purposes of this section and the bond is in registered
form, and
``(D) the issue meets the requirements of
subsections (e) and (g).
``(2) Qualified project; special use rules.--
``(A) In general.--The term `qualified project'
means 1 or more projects described in subparagraph (B)
located in a rural area.
``(B) Projects described.--A project described in
this subparagraph is--
``(i) a water or waste treatment project,
``(ii) an affordable housing project,
``(iii) a community facility project,
including hospitals, fire and police stations,
and nursing and assisted-living facilities,
``(iv) a value-added agriculture or
renewable energy facility project for
agricultural producers or farmer-owned
entities, including any project to promote the
production, processing, or retail sale of
ethanol (including fuel at least 85 percent of
the volume of which consists of ethanol),
biodiesel, animal waste, biomass, raw
commodities, or wind as a fuel,
``(v) a distance learning or telemedicine
project,
``(vi) a rural utility infrastructure
project, including any electric or telephone
system,
``(vii) a project to expand broadband
technology,
``(viii) a rural teleworks project, and
``(ix) any project described in any
preceding clause carried out by the Delta
Regional Authority.
``(C) Special rules.--For purposes of this
paragraph--
``(i) any project described in subparagraph
(B)(iv) for a farmer-owned entity may be
considered a qualified project if such entity
is located in a rural area, or in the case of a
farmer-owned entity the headquarters of which
are located in a nonrural area, if the project
is located in a rural area, and
``(ii) any project for a farmer-owned
entity which is a facility described in
subparagraph (B)(iv) for agricultural producers
may be considered a qualified project
regardless of whether the facility is located
in a rural or nonrural area.
``(3) Special use rules.--
``(A) Refinancing rules.--For purposes of paragraph
(1)(B), a qualified project may be refinanced with
proceeds of a rural renaissance bond only if the
indebtedness being refinanced (including any obligation
directly or indirectly refinanced by such indebtedness)
was originally incurred after the date of the enactment
of this section.
``(B) Treatment of changes in use.--For purposes of
paragraph (1)(B), the proceeds of an issue shall not be
treated as used for a qualified project to the extent
that a borrower takes any action within its control
which causes such proceeds not to be used for a
qualified project. The Secretary shall prescribe
regulations specifying remedial actions that may be
taken (including conditions to taking such remedial
actions) to prevent an action described in the
preceding sentence from causing a bond to fail to be a
rural renaissance bond.
``(e) Maturity Limitations.--
``(1) Duration of term.--A bond shall not be treated as a
rural renaissance bond if such bond is issued as part of an
issue and--
``(A) the average maturity of bonds issued as a
part of such issue, exceeds
``(B) 120 percent of the average reasonable
expected economic life of the facilities being financed
with the proceeds from the sale of such issue.
``(2) Determination of averages.--For purposes of paragraph
(1), the determination of averages of an issue and economic
life of any facility shall be determined in accordance with
section 147(b).
``(3) Ratable principal amortization required.--A bond
shall not be treated as a rural renaissance bond unless it is
part of an issue which provides for an equal amount of
principal to be paid by the qualified issuer during each
calendar year that the issue is outstanding.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
``(g) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if--
``(A) at least 95 percent of the proceeds from the
sale of the issue are to be spent for 1 or more
qualified projects within the 5-year period beginning
on the date of issuance of the rural renaissance bond,
``(B) a binding commitment with a third party to
spend at least 10 percent of the proceeds from the sale
of the issue will be incurred within the 6-month period
beginning on the date of issuance of the rural
renaissance bond or, in the case of a rural renaissance
bond, the proceeds of which are to be loaned to 2 or
more borrowers, such binding commitment will be
incurred within the 6-month period beginning on the
date of the loan of such proceeds to a borrower, and
``(C) such projects will be completed with due
diligence and the proceeds from the sale of the issue
will be spent with due diligence.
``(2) Extension of period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the qualified
issuer establishes that the failure to satisfy the 5-year
requirement is due to reasonable cause and the related projects
will continue to proceed with due diligence.
``(3) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of the
proceeds of such issue are expended within such 5-year period
(and no extension has been obtained under paragraph (2)), the
qualified issuer shall redeem all of the nonqualified bonds on
the earliest call date subsequent to the expiration of the 5-
year period. If such earliest call date is more than 90 days
subsequent to the expiration of the 5-year period, the
qualified issuer shall establish a yield-restricted defeasance
escrow within such 90 days to retire such nonqualified bonds on
the earlier of the date which is 10 years after the issue date
or the first call date. For purposes of this paragraph, the
term `nonqualified bonds' means the portion of the outstanding
bonds in an amount that, if the remaining bonds were issued on
the fifth anniversary of the date of the issuance of the issue,
at least 95 percent of the proceeds of the remaining bonds
would be used to provide qualified projects.
``(h) Special Rules Relating to Arbitrage.--
``(1) In general.--A bond which is part of an issue shall
not be treated as a rural renaissance bond unless, with respect
to the issue of which the bond is a part, the qualified issuer
satisfies the arbitrage rebate requirements of section 148 with
respect to gross proceeds of the issue (other than any amounts
applied in accordance with subsection (g)). For purposes of
such requirements, yield over the term of an issue shall be
determined under the principles of section 148 based on the
qualified issuer's payments of principal, interest (if any),
and fees for qualified guarantees on such issue.
``(2) Exception.--Amounts on deposit in a bona fide debt
service fund with regard to any rural renaissance bond are not
subject to the arbitrage rebate requirements of section 148.
``(i) Qualified Issuer.--For purposes of this section--
``(1) In general.--The term `qualified issuer' means any
not-for-profit cooperative lender which has as of the date of
the enactment of this section received a guarantee under
section 306 of the Rural Electrification Act and which meets
the requirement of paragraph (2).
``(2) User fee requirement.--The requirement of this
paragraph is met if the issuer of any rural renaissance bond
makes grants for economic and community development projects on
a semi-annual basis every year that such bond is outstanding in
an annual amount equal to \1/2\ of the rate on United States
Treasury bills of the same maturity multiplied by the
outstanding principal balance of rural renaissance bonds issued
by such issuer.
``(j) Special Rules Relating to Pool Bonds.--No portion of a pooled
financing bond may be allocable to loan unless the borrower has entered
into a written loan commitment for such portion prior to the issue date
of such issue.
``(k) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Pooled financing bond.--The term `pooled financing
bond' shall have the meaning given such term by section
149(f)(4)(A).
``(3) Rural area.--The term `rural area' means any area
other than--
``(A) a city or town which has a population of
greater than 50,000 inhabitants, or
``(B) the urbanized area contiguous and adjacent to
such a city or town.
``(4) Partnership; s corporation; and other pass-thru
entities.--Under regulations prescribed by the Secretary, in
the case of a partnership, trust, S corporation, or other pass-
thru entity, rules similar to the rules of section 41(g) shall
apply with respect to the credit allowable under subsection
(a).
``(5) Bonds held by regulated investment companies.--If any
rural renaissance bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(6) Treatment for estimated tax purposes.--Solely for
purposes of sections 6654 and 6655, the credit allowed by this
section to a taxpayer by reason of holding a rural renaissance
bond on a credit allowance date shall be treated as if it were
a payment of estimated tax made by the taxpayer on such date.
``(7) Reporting.--Issuers of rural renaissance bonds shall
submit reports similar to the reports required under section
149(e).''.
(b) Reporting.--Subsection (d) of section 6049 (relating to returns
regarding payments of interest) is amended by adding at the end the
following new paragraph:
``(8) Reporting of credit on rural renaissance bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 54(f) and such amounts shall
be treated as paid on the credit allowance date (as
defined in section 54(b)(4)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A), subsection
(b)(4) shall be applied without regard to subparagraphs
(A), (H), (I), (J), (K), and (L)(i) of such subsection.
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''.
(c) Clerical Amendments.--
(1) The table of subparts for part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
item:
``Subpart H. Nonrefundable credit to holders of rural
renaissance bonds.''.
(2) Section 6401(b)(1) is amended by striking ``and G'' and
inserting ``G, and H''.
(d) Issuance of Regulations.--The Secretary of Treasury shall issue
regulations required under section 54 of the Internal Revenue Code of
1986 (as added by this section) not later than 120 days after the date
of the enactment of this Act.
(e) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act. | Rural Renaissance Act II of 2005 - Amends the Internal Revenue Code to allow holders of rural renaissance bonds a nonrefundable tax credit of 25 percent of the annual credit amount as determined by the Secretary of the Treasury. Defines "rural renaissance bond" as any bond issued by a nonprofit cooperative lender that is used for capital expenditures for qualified projects in rural areas, including projects for water or waste treatment, affordable housing, community facilities (e.g., hospitals, fire and police stations, nursing facilities, etc.), rural utility infrastructure, broadband technology, and rural teleworks.
Sets forth rules for maturity limitations, arbitrage, and expenditures, including a requirement that 95 percent of the proceeds from the sale of a bond issue be spent on qualified projects within five yeas from the date of a bond issuance. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit to holders of qualified bonds issued to finance certain rural development projects, and for other purposes."} | 3,836 | 189 | 0.565404 | 1.598454 | 0.75113 | 2.545455 | 22.318182 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Caves Revitalization Act of
2011''.
SEC. 2. PURPOSE.
The purpose of this Act is to add surrounding land to the
Monument--
(1) to enhance the protection of the resources associated
with the Monument; and
(2) to increase public recreation opportunities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map titled ``Oregon
Caves National Monument and Preserve'' numbered 150/80,023, and
dated May 2010.
(2) Monument.--The term ``Monument'' means the Oregon Caves
National Monument established by Presidential Proclamation
Number 876 (36 Stat. 2497), dated July 12, 1909.
(3) National preserve.--The term ``National Preserve''
means the National Preserve designated by section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
land managed by the Bureau of Land Management.
(6) State.--The term ``State'' means the State of Oregon.
SEC. 4. DESIGNATION; LAND TRANSFER; BOUNDARY ADJUSTMENT.
(a) In General.--The Monument shall be known and designated as the
``Oregon Caves National Monument and Preserve''. The land identified on
the map as ``Proposed Addition Lands'' shall be designated as a
National Preserve.
(b) Land Transfer.--The Secretary of Agriculture shall--
(1) transfer approximately 4,070 acres of land identified
on the map as the ``Proposed Addition Lands'' to the Secretary
to be administered as part of the Oregon Caves National
Monument and Preserve; and
(2) adjust the boundary of the Rogue River-Siskiyou
National Forest to exclude the land transferred under paragraph
(1).
(c) Boundary Adjustment.--The boundary of the National Monument is
modified to exclude approximately 4 acres of land--
(1) located in the City of Cave Junction; and
(2) identified on the map as the ``Cave Junction Unit'', as
depicted on the map.
(d) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(e) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Monument shall be
considered to be a reference to the ``Oregon Caves National Monument
and Preserve''.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall administer the National Monument and
Preserve in accordance with--
(1) this Act;
(2) Presidential Proclamation Number 876 (36 Stat. 2497),
dated July 12, 1909; and
(3) any law (including regulations) generally applicable to
units of the National Park System, including the National Park
Service Organic Act (16 U.S.C. 1 et seq.).
(b) Fire Management.--As soon as practicable after the date of
enactment of this Act, in accordance with subsection (a), the Secretary
shall revise the fire management plan for the Monument to include the
National Preserve and, in accordance with the revised plan, carry out
hazardous fuel management activities within the boundaries of the
National Monument and Preserve.
(c) Existing Forest Service Contracts.--The Secretary shall allow
for the completion of existing Forest Service stewardship and service
contracts executed as of the date of enactment of this Act and shall
recognize the authority of the Secretary of Agriculture for the purpose
of administering the existing Forest Service contracts through their
completion. All terms and conditions of existing Forest Service
contracts shall remain in place for the duration of those contracts.
Any such liability existing at the time of enactment of this Act shall
be that of the Forest Service.
(d) Grazing.--The Secretary may allow the grazing of livestock
within the preserve to continue where authorized under permits or
leases in existence as of the date of enactment of this Act. Grazing
shall be at no more than the current level, as measured in Animal Unit
Months, and subject to applicable laws and National Park Service
regulations.
SEC. 6. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.
(a) Donation of Lease or Permit.--
(1) Acceptance by secretary concerned.--The Secretary
concerned shall accept the donation of a grazing lease or
permit from a leasee or permittee for--
(A) the Big Grayback Grazing Allotment located in
the Rogue River-Siskiyou National Forest; and
(B) the Billy Mountain Grazing Allotment located on
a parcel of land that is managed by the Secretary
(acting through the Director of the Bureau of Land
Management).
(2) Termination.--With respect to each permit or lease
donated under subparagraph (a), the Secretary shall--
(A) terminate the grazing permit or lease; and
(B) ensure a permanent end to grazing on the land
covered by the permit or lease.
(b) Effect of Donation.--A lessee or permittee that donates a
grazing lease or grazing permit (or a portion of a grazing lease or
grazing permit) under this section shall be considered to have waived
any claim to any range improvement on the associated grazing allotment
or portion of the associated grazing allotment, as applicable.
SEC. 7. HUNTING, FISHING, AND TRAPPING.
(a) In General.--Except as provided in subsection (b), the
Secretary shall permit hunting, fishing, and trapping on land and water
within the National Preserve in accordance with each applicable law
(including regulations) of the Federal Government and the State.
(b) Administrative Exceptions.--In accordance with subsection (c),
the Secretary may designate areas in which, and establish limited
periods during which, no hunting, fishing, or trapping may be permitted
within the National Preserve due to concerns relating to--
(1) public safety;
(2) the administration of the National Preserve; or
(3) the compliance by the Secretary with any applicable law
(including regulations).
(c) Consultation With Appropriate State Agency.--Except to respond
to a situation that the Secretary determines to be an emergency, the
Secretary shall consult with the appropriate agency of the State before
taking any act to close any area within the National Preserve to
hunting, fishing, or trapping.
SEC. 8. EFFECT.
Nothing in this Act affects the authority or responsibility of the
State to carry out any law or duty of the State relating to fish and
wildlife on areas located within the National Preserve.
SEC. 9. WILD AND SCENIC RIVER DESIGNATION, RIVER STYX, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by inserting the following paragraph:
``(__) River styx, oregon.--The subterranean segment of
Cave Creek, known as the River Styx, to be administered by the
Secretary of the Interior as a scenic river.''.
SEC. 10. WILD AND SCENIC RIVER DESIGNATION FOR STUDY.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a))
is amended by adding at the end the following:
``(__) Oregon caves national monument and preserve,
oregon.--
``(A) Cave creek, oregon.--The 2.6-mile segment of
Cave Creek from the headwaters at the River Styx to the
boundary of the Rogue River Siskiyou National Forest.
``(B) Lake creek, oregon.--The 3.6-mile segment of
Lake Creek from the headwaters at Bigelow Lakes to the
confluence with Cave Creek.
``(C) No name creek, oregon.--The 0.6-mile segment
of No Name Creek from the headwaters to the confluence
with Cave Creek.
``(D) Panther creek.--The 0.8-mile segment of
Panther Creek from the headwaters to the confluence
with Lake Creek.
``(E) Upper cave creek.--The segment of Upper Cave
Creek from the headwaters to the confluence with River
Styx.''.
SEC. 11. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b))
is amended by adding at the end the following:
``(__) Oregon caves national monument and preserve,
oregon.--Not later than 3 years after funds are made available
to carry out this paragraph, the Secretary shall complete the
study of the Oregon Caves National Monument and Preserve
segments designated for study in subsection (a), and shall
submit to Congress a report containing the results of the
study.''. | Oregon Caves Revitalization Act of 2011 - Redesignates the Oregon Caves National Monument as the Oregon Caves National Monument and Preserve.
Directs the Secretary of Agriculture (USDA) to transfer certain land identified as proposed addition lands to the Secretary of the Interior (the Secretary) and adjust the boundary of the Rogue River-Siskiyou National Forest to exclude such lands transferred by the Secretary.
Directs the Secretaries to accept the donation of a grazing lease or permit from a lessee or permittee for the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest or the Billy Mountain Grazing Allotment located on a parcel of BLM-managed land.
Amends the Wild and Scenic Rivers Act to designate the subterranean segment of the Cave Creek in Oregon known as the River Styx as a component of the national wild and scenic rivers system and certain additional segments of the Monument and Preserve for study for potential addition to the system. | {"src": "billsum_train", "title": "To modify the boundary of the Oregon Caves National Monument, and for other purposes."} | 2,125 | 233 | 0.602838 | 1.673504 | 0.905166 | 3.724138 | 10.356322 | 0.91954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing food-based Inorganic
Compounds Exposure Act of 2015'' or the ``RICE Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the World Health Organization, arsenic is
a natural component of the Earth's crust and is widely and
variably distributed throughout the environment in the air,
water, and land. It is also used commercially in herbicides and
poultry feed.
(2) Arsenic is most toxic in its inorganic form.
(3) Inorganic arsenic is a known carcinogen and long-term
oral exposure to high levels of inorganic arsenic is associated
with developmental defects, cardiovascular disease,
neurotoxicity, and diabetes, according to the World Health
Organization.
(4) According to the European Food Safety Authority, the
estimated exposure of young children to inorganic arsenic is 2
to 3 times the exposure of adults to inorganic arsenic.
(5) According to the European Food Safety Authority, diet
is the main source of arsenic exposure for most individuals.
(6) According to the Food and Drug Administration, due to
absorption from the soil and water, arsenic is present in many
foods, including grains, fruits, and vegetables.
(7) Rice takes up inorganic arsenic from soil and water
more readily than other grains, according to the Food and Drug
Administration.
(8) Rice is a staple food in the diet of many individuals
in the United States and is often one of the first foods fed to
infants. According to the Food and Drug Administration,
inorganic arsenic has been detected in an infant's first foods,
such as infant rice cereal and brown rice syrup used in an
increasing number of products including toddler formula and
snack bars. Inorganic arsenic is also found in other rice
products including children's breakfast cereals and rice
itself. Rice may continue to be a large part of the diet of
children who have swallowing difficulties and gastrointestinal
reflux, according to the American Academy of Pediatrics.
(9) The Food and Drug Administration's analysis of
approximately 1,300 samples found that the average levels of
inorganic arsenic for various rice and rice products are 0.1 to
7.2 micrograms per serving.
(10) The Environmental Protection Agency limits
concentrations of arsenic in all forms in drinking water to 10
parts per billion. The Food and Drug Administration has
established a limit of 10 parts per billion in bottled water,
and has also proposed a limit of 10 parts per billion in apple
juice. However, there are no Federal limits for arsenic in most
foods, including rice for adults and children or baby foods.
SEC. 3. ESTABLISHMENT OF LIMITATION ON INORGANIC ARSENIC IN RICE AND
RICE PRODUCTS.
(a) Regulation Required.--For the purpose of protecting the public
health, not later than the day that is 2 years after the date of the
enactment of this Act, the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs and acting under the
Secretary's authority under chapter IV of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 341 et seq.), shall promulgate a final
regulation establishing the minimum quantity of inorganic arsenic
contained in rice or a rice product which shall cause the rice or rice
product, respectively, to be deemed to be adulterated under section 402
of such Act (21 U.S.C. 343).
(b) Scope of Regulation.--The minimum quantity established under
subsection (a) shall apply to rice and rice products containing
inorganic arsenic regardless of whether the arsenic is present as a
result of a natural process, an ingredient added to a food, the use of
a pesticide, or other means.
(c) Regulation Includes Tolerances.--The regulation under
subsection (a) shall include the establishment of a tolerance under
section 406 and section 408 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 346; 346a).
(d) Minimum Stringency.--The standard established under subsection
(a) (and any subsequent revision thereto) for inorganic arsenic
contained in rice or a rice product shall--
(1) be based on the maximum achievable reduction in health
risks to individuals, taking into account the cancer effects,
neurodevelopmental effects, and other health effects of arsenic
exposure;
(2) be protective of the long-term health of children,
taking into account--
(A) the differing eating patterns of children;
(B) the rate of brain development in children;
(C) any differences in the metabolization of
arsenic in children, as compared to adults; and
(D) the fact that children have a longer expected
life span than adults; and
(3) include separate standards for rice milk and other
frequently consumed rice-based foods, especially rice-based
foods frequently consumed by infants and children.
(e) Definitions.--For purposes of this Act:
(1) Food.--The term ``food'' has the meaning given such
term in section 201(f) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(f)).
(2) Inorganic arsenic.--The term ``inorganic arsenic''
means inorganic arsenic and its metabolites.
(3) Rice.--The term ``rice'' means a food that is rice.
(4) Rice product.--The term ``rice product'' means a food
that contains an ingredient made from rice.
SEC. 4. REPORT ON INORGANIC ARSENIC IN RICE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Congress on inorganic arsenic in rice
grown in the United States.
(b) Contents.--The report under subsection (a) shall include--
(1) an analysis of--
(A) the agronomy and production management
practices that will reduce inorganic arsenic in rice;
(B) the germplasm analysis and breeding that may
reduce inorganic arsenic in rice;
(C) the analytical technology improvements needed
to address the issue of inorganic arsenic in rice; and
(D) the current efforts of Federal agencies to
reduce inorganic arsenic in the food supply;
(2) recommendations for actions by the Federal Government
in order to reduce the presence of inorganic arsenic in rice
grown in the United States; and
(3) recommendations for additional research on inorganic
arsenic in rice, including the estimated cost for such
research. | Reducing food-based Inorganic Compounds Exposure Act of 2015 or the RICE Act This bill directs the Food and Drug Administration to promulgate a final regulation establishing the minimum quantity of inorganic arsenic contained in rice or a rice product that will cause sale of the rice or rice product to be prohibited. The regulation must: (1) apply the minimum quantity to rice and rice products regardless of the origin of the arsenic, (2) include the establishment of tolerances, and (3) establish a standard for inorganic arsenic that is based on the maximum achievable reduction in health risks and is protective of the long-term health of children. | {"src": "billsum_train", "title": "Reducing food-based Inorganic Compounds Exposure Act of 2015"} | 1,521 | 146 | 0.50913 | 1.475269 | 0.652279 | 4.090909 | 10.892562 | 0.933884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Family Services and Law
Enforcement Partnership Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Homicide is the leading cause of death for young black
males and females and is the second leading cause of juvenile
injury deaths for all youth age 15-24.
(2) Homicide rates for children and youth have more than
doubled since 1950.
(3) Teenagers are more than twice as likely as adults to be
victims of violent crime, such as rape, robbery or assault.
(4) Physical fighting severe enough to require medical
treatment for at least one participant occurs among high school
students in patterns similar to those of homicide. The
incidence rates are higher for males than females, higher for
minorities than for nonminorities, and more frequent between
acquaintances than among strangers.
(5) There is a need to supplement existing mental health
services with a wide and varied range of preventive programs
designed to reach those at greatest risk for development of
behavioral or social problems.
(6) The reach of professional mental health manpower can be
expanded through consultative techniques and by the
recruitment, selection and training of various nontraditional
helping resources.
(7) Community-based police, by their visibility at the
neighborhood level and their engagement in benign activities,
can provide role models and resources to promote the well-being
of children and families, as well as to identify and refer
those at risk for behavioral problems.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) identify children and families at high-risk for
developing behavioral or emotional problems resulting from
exposure to community violence and provide mental health
services to such children and families, including crisis
intervention for child witnesses and victims of violence;
(2) facilitate interaction between child and family service
organizations, law enforcement agencies, local educational
agencies, and other community members for the purpose of
building coalitions for the prevention of community violence;
(3) augment law enforcement services and community policing
efforts through the provision of training and support by child
and family service organizations, and supplement child and
family services through the training of law enforcement
officers in child, family and cultural issues; and
(4) provide role models for high-risk children and youth
and promote conflict resolution training for children and youth
in local educational agencies.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Child and family service organization.--The term
``child and family service organization'' means a public or
private nonprofit entity (such as child guidance centers, child
psychiatry or child psychology departments of hospitals or
university medical centers, or community mental health centers
providing child and family services) that provides mental
health services to children and families and that meets the
mental health center guidelines under section 1913(c) of the
Public Health Service Act (42 U.S.C. 300x-2(c)), with respect
to the level of professional care and services provided to
children and families.
(2) Community-based policing.--The term ``community-based
policing'' means a commitment and an effort (within the
confines of budget restrictions) made by a law enforcement
agency to establish or expand cooperative efforts between the
police and a community in order to increase police presence in
the community, including--
(A) developing innovative neighborhood-oriented
policing programs and community-based crime-prevention
programs;
(B) developing policies that reorient police from
reacting to crime to preventing crime; and
(C) creating decentralized police substations
throughout the community to encourage interaction and
cooperation between the public and law enforcement
personnel on a local level, including the permanent
assignment of officers to a specific neighborhood or
substation.
(3) Law enforcement agency.--The term ``law enforcement
agency'' means an entity that serves a specified community and
has the routine responsibility of policing the activities of
such community.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 5. GRANTS AUTHORIZED.
(a) In General.--
(1) Establishment grants.--The Secretary, in consultation
with the Attorney General, may award grants to partnerships
determined to be eligible under section 6 for the establishment
of child and family services and law enforcement partnership
programs.
(2) Priority.--In awarding grants described in
paragraph(1), the Secretary shall give priority to a
partnership that includes a law enforcement agency engaged in
community-based policing.
(b) Grant Amount.--
(1) In general.--A grant awarded under this section shall
be for an amount that is not less than $150,000 per year. Such
grant shall be of a sufficient size to adequately support all
anticipated activities.
(2) Additional amounts.--
(A) In general.--The Secretary may award additional
grant amounts for the purpose of enabling a partnership
to provide mentoring or conflict resolution services.
(B) Special rules.--
(i) Priority for mentoring services.--In
awarding additional grant funds for the
provision of mentoring services under
subparagraph (A), the Secretary shall give
priority to partnerships that demonstrate
commitments from a broad spectrum of community
groups to participate in mentoring programs.
(ii) Conflict resolution services.--In
awarding additional grant funds for the
provision of conflict resolution services under
subparagraph (A), the Secretary may not award
grant funds to a partnership unless such
partnership demonstrates a commitment from the
local educational agency to provide conflict
resolution programs in the schools in
participation with such partnership.
(c) Federal Share.--
(1) In general.--The Federal share of a grant made under
this section may not exceed--
(A) with respect to the first fiscal year, 80
percent of the total costs of the projects described in
the application submitted under section 6 for such
fiscal year;
(B) with respect to the second fiscal year, 70
percent of the total costs of the projects described in
the application submitted under section 6 for such
fiscal year; and
(C) with respect to the third fiscal year, 60
percent of the total costs of the projects described in
the application submitted under section 6 for such
fiscal year.
(2) In-kind contributions.--The Secretary shall accept the
value of in-kind contributions made by the grant recipient as a
part or all of the non-Federal share of grants.
(d) Grant Duration.--A grant awarded under this Act shall be for a
period of not less than 3 years.
SEC. 6. APPLICATIONS.
(a) In General.--To be eligible for a grant under this section an
entity shall--
(1) be a partnership consisting of, at least, a child and
family service organization and a law enforcement agency; and
(2) prepare and submit to the Secretary an application in
such form at such time and in accordance with such procedures
as the Secretary shall establish.
(b) Assurances.--Each application submitted under subsection (a)
shall provide the following assurances:
(1) There is a partnership established between, at least, a
child and family service organization and a law enforcement
agency.
(2) The management, at the highest level, of the child and
family service organization and law enforcement agency of the
partnership agrees to the establishment of such partnership,
and agrees that such organization and such agency of such
partnership will cooperate in carrying out the program.
(3) In developing the program, the applicant partnership
has coordinated with other segments of the community to ensure
that the partnership efforts complement existing community
anti-violence efforts.
(4) Programs established from funds received under grants
awarded under this Act will do the following:
(A) Be collaborative in nature, with respect to
organizing and providing the necessary services to
children and families.
(B) Provide response to crisis situations 24 hours
a day.
(C) Provide confidentiality.
(D) Be able to provide adequate resources for
training of law enforcement officers and for support of
professional consultation services for children and
families, including professionals licensed to provide
child and family evaluations and treatment.
(E) Be able to respond to community needs in a
manner reflecting sensitivity to the cultural diversity
of that community.
(5) The partnership will provide the following program
components:
(A) 24-hour consultation service that includes a
team of child guidance professionals and specially
trained law enforcement officers to respond to
incidents where a child has either witnessed or been a
victim of violence. Services by child guidance
professionals may include in-home assessments,
expedited referrals for treatment, consultations with
parents and teachers, and on-the-spot crisis
intervention.
(B) Training to law enforcement officers that
includes instruction by child and family service
organizations in the basic principles of human
behavior, child psychology, and family systems. All
training will be interactive and jointly taught by law
enforcement officers and child guidance professionals,
in order to make use of real-life examples drawn from
officers' experience in the field. Such training will
include the following minimum course curriculum:
(i) Ongoing training for recruits, in which
experienced law enforcement officers may
participate as is feasible for the department.
(ii) Intensive workshops for law
enforcement officers involved in field
training.
(iii) A program for supervisory law
enforcement officers that provides an
opportunity for such officers to observe child
and family clinical work in a variety of
settings.
(C) Weekly case conferences by the team of child
guidance professionals and law enforcement officers
described in subparagraph (A).
(D) Community activities for children and families
that are designed jointly by the law enforcement and
child and family services partnership, including
conflict resolution training programs for children and
youth, after-school activity and neighborhood
recreation programs, and parent support groups co-led
by child guidance and law enforcement professionals.
(6) The partnership will provide local matching funds in
accordance with the Federal share requirements under section
5(c).
(c) Additional Assurances for Mentoring and Conflict Resolution
Services.--
(1) In general.--Each application submitted under
subsection (a) for additional funding for the provision of
mentoring or conflict resolution services under section 5(b)(2)
shall provide assurances described in paragraph (2) or (3),
whichever is applicable.
(2) Mentoring.--With respect to the provision of mentoring
services, an applicant partnership shall provide assurances
that such partnership will:
(A) Provide formal mentoring programs that will
include mentors such as police officers, mental health
professionals, businessmen, or other community members
provided through a partnership with corporations,
universities, labor organizations, non-profit entities
(such as professional societies) or government
agencies.
(B) Provide ongoing support services to mentors
through the partnership's child and family services
organization, in collaboration with law enforcement
officers who receive training as described in
subsection (b)(5)(B). Such services will include the
following minimum components:
(i) Provision of framework to help mentors
understand the issues they may encounter in
working with youth from deprived environments.
(ii) Ongoing support groups that meet at a
regularly scheduled time to provide mentors an
opportunity to discuss the problems such
mentors may encounter in working with children.
(C) Collaborate, when possible, with elementary and
secondary schools, universities, corporations, labor
organizations, or government agencies with respect to
matters relating to the partnership's mentoring
program.
(D) Recruit mentors who are representative of the
cultural mix of the community such mentors serve.
(3) Conflict resolution.--With respect to the provision of
conflict resolution services, an applicant partnership shall
provide the following assurances:
(A) The child and family services organization and
the law enforcement agency partnership, in
collaboration with the local educational agency
(hereafter referred to in this subparagraph as the
``LEA'') will assist the LEA in the development and
implementation of conflict resolution programs. The
assistance provided to the LEA in the preceding
sentence shall be tailored to the needs and resources
of the local school district, and may include providing
assistance to an ongoing conflict resolution program
run by such LEA, developing curricula for such a
program in cooperation with the LEA, and providing such
a program to an LEA.
(d) Evaluation.--
(1) In general.--Applicants shall include in their
application the design of an evaluation of program
effectiveness in providing services under this Act, including a
provision for an adequate control group, such as a nearby
community of similar composition and level of violence.
(2) Collaborations.--To facilitate the evaluation process,
the Secretary shall encourage partnership grantees to form
collaborative relationships with universities for the purpose
of evaluating program effectiveness under paragraph (1).
Partnership grantees shall contract with outside organizations
for such evaluation.
(3) Limitation.--Not more than 15 percent of grants awarded
under section 5 may be set aside for the evaluation described
in paragraph (1).
(4) Coordination.--The Secretary shall coordinate the
evaluation described in paragraph (1) of all partnership
grantees and ensure that such grantees collect comparable data
for such evaluation.
SEC. 7. TRAINING AND TECHNICAL ASSISTANCE.
The Secretary shall provide training and technical assistance to
partnership grantees.
SEC. 8. REPORTS.
(a) Interim.--Not later than December 31, 1996, the Secretary shall
prepare and submit to the appropriate committees of Congress an interim
progress report on the evaluation conducted under section 6(d).
(b) Final.--Not later than December 31, 1998, the Secretary shall
prepare and submit to the appropriate committees of Congress a review
and summary of the result of the evaluation conducted under section
6(d).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$50,000,000 for fiscal year 1994 and such sums as may be necessary for
each of the fiscal years 1995 through 1999. | Child and Family Services and Law Enforcement Partnership Act - Authorizes the Secretary of Health and Human Services to award grants for the establishment of child and family services and law enforcement partnership programs.
Directs the Secretary to give priority to partnerships that include a law enforcement agency engaged in community-based policing. Authorizes the Secretary to award additional grant amounts to enable a partnership to provide mentoring or conflict resolution services.
Prescribes funding guidelines and partnership assurances.
Authorizes appropriations. | {"src": "billsum_train", "title": "Child and Family Services and Law Enforcement Partnership Act"} | 2,928 | 105 | 0.429594 | 1.125738 | 0.413691 | 4.146067 | 32.573034 | 0.932584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commission on
International Religious Freedom Reauthorization Act of 2015''.
SEC. 2. DESIGNATION OF ENTITIES OF PARTICULAR CONCERN FOR RELIGIOUS
FREEDOM.
Section 402(b)(1) of the International Religious Freedom Act of
1998 (22 U.S.C. 6442(b)(1)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(2) in subparagraph (A)--
(A) by inserting ``, or whether such violations are
occurring in territories in which a government does not
exist or does not exercise control,'' after ``religious
freedom in that country''; and
(B) by striking ``The President'' and inserting the
following:
``(B) Designations.--
``(i) Governments.--The President''; and
(3) in subparagraph (B), as redesignated, by adding at the
end the following:
``(ii) Non-state actors.--The President
shall designate each non-state actor that has
engaged in particularly severe violations of
religious freedom as entities of particular
concern for religious freedom.''.
SEC. 3. ESTABLISHMENT AND COMPOSITION.
Section 201 of the International Religious Freedom Act of 1998 (22
U.S.C. 6431) is amended--
(1) in subsection (a), by inserting ``, which shall be an
independent Federal Government advisory body'' before the
period at the end;
(2) in subsection (b)--
(A) in paragraph (2)(A), by inserting at the end
the following: ``The Commission as a whole shall also
have expertise on the variety of faiths practiced
around the world.''; and
(B) in paragraph (3), by striking ``The
appointments required by paragraph (1) shall be made
not later than 120 days after the date of the enactment
of this Act.'' and inserting ``An appointment required
under paragraph (1)(B) should be made not later than 90
days after a vacancy is created on the Commission.'';
(3) by amending subsection (d) to read as follows:
``(d) Election of Chair and Vice Chair.--
``(1) In general.--Subject to paragraphs (2) and (3), at
the first meeting of the Commission after May 30 of each year,
a majority of the members of the Commission present and voting
shall elect the Chair and Vice Chair of the Commission.
``(2) Political party balance.--At the first meeting of the
Commission after May 30, 2016, the members of the Commission
shall elect--
``(A) as Chair, a Commissioner appointed by an
elected official of the political party of the
President; and
``(B)(i) as Vice Chair, a Commissioner appointed by
an elected official of the political party that is not
the political party of the President; or
``(ii) in the occasion of 2 Vice Chairs--
``(I) 1 Vice Chair appointed by an elected
official of the political party of the
President; and
``(II) 1 Vice Chair appointed by an elected
official of the political party that is not the
political party of the President.
``(3) Rotation.--After the election described in paragraph
(1), the positions of Chair and Vice Chair shall rotate on an
annual basis between Commissioners appointed by elected
officials of each political party.'';
(4) in subsection (f), by adding at the end the following:
``The Ambassador at Large shall be given advance notice of all
Commission meetings and may attend all Commission meetings as a
non-voting member of the Commission''; and
(5) in subsection (g), by striking the second sentence.
SEC. 4. POWERS OF THE COMMISSION.
Section 203(a) of the International Religious Freedom Act of 1998
(22 U.S.C. 6432a(a)) is amended by striking ``may'' and inserting
``shall''.
SEC. 5. COMMISSION PERSONNEL MATTERS.
Section 204 of the International Religious Freedom Act of 1998 (22
U.S.C. 6432b) is amended--
(1) in subsection (a)--
(A) in the second sentence, by inserting ``voting''
after ``nine''; and
(B) by adding at the end the following: ``The
Commission shall conduct an annual review of the
Executive Director.'';
(2) in subsection (b), by inserting ``voting members of
the'' after ``The'';
(3) in subsection (c), by inserting ``The Commission,
working with the Executive Director, shall establish internal
hiring procedures and practices for professional staff that
reflect the collaborative nature of the hiring process.'' after
``qualifications.''; and
(4) in subsection (e), by adding at the end the following:
``The Department of State is encouraged to allow Commissioners
and Commission staff with the appropriate security clearance
access to classified information, in order to fulfill the
duties and responsibilities of their positions.''.
SEC. 6. STANDARDS OF CONDUCT AND DISCLOSURE.
Section 208 of the International Religious Freedom Act of 1998 (22
U.S.C. 6435a) is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following:
``(2) Conflict of interest.--It is unlawful for a
Commissioner to permit any person, entity, or special interest
group, including foreign governments and state-owned
enterprises, to inappropriately influence the Commissioner or
to pose a conflict of interest with his or her official duties.
If such inappropriate influence or conflict of interest is
discovered, the affected Commissioner shall recuse himself or
herself from any discussion, decision, recommendation, or vote
relating to such person, entity, or special interest group.'';
and
(2) in subsection (d)(2), by adding at the end the
following:
``(H) Intern, fellowship, and volunteer programs
that are primarily of educational benefit to the
intern, fellow, or volunteer if the number, duration,
and funding source of any such internship, fellowship,
or volunteer program is described in the annual
financial report required under subsection (e) and the
funding source has been approved by a majority vote of
the Commission. Sponsoring private parties may provide
compensation and benefits to interns, fellows, and
volunteers if no conflict of interest arises and the
Commissioners are notified by any such sponsoring
private parties of such compensation and benefits.''.
SEC. 7. EXTENSION AND TERMINATION OF AUTHORITY.
The International Religious Freedom Act of 1998 (Public Law 105-
292) is amended--
(1) in section 207(a) (22 U.S.C. 6435(a)), by striking
``2015'' and inserting ``2021''; and
(2) in section 209 (22 U.S.C. 6436), by striking
``September 30, 2015'' and inserting ``September 30, 2021''.
SEC. 8. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``and the director'' and inserting
``the director''; and
(B) by inserting ``and members of the United States
Commission on International Religious Freedom,'' after
``Training Center,''; and
(2) in paragraph (2)--
(A) by striking ``and the various'' and inserting
``the various''; and
(B) by inserting ``, the relationship between
religious freedom and security, and the role of
religious freedom in United States foreign policy''
after ``violations of religious freedom''. | United States Commission on International Religious Freedom Reauthorization Act of 2015 Amends the International Religious Freedom Act of 1998 to reauthorize the U.S. Commission on International Religious Freedom (USCIRF) as an independent federal government advisory body through FY2021. Requires the President's annual review of the status of religious freedom in each foreign country to include determinations regarding religious freedom violations being engaged in or tolerated in territories in which a government does not exist or does not exercise control. Directs the President to designate nonstate actors that have engaged in particularly severe violations as entities of particular concern for religious freedom. Requires USCIRF as a whole to have expertise on the variety of faiths practiced around the world. Requires appointments to USCIRF to be made not later than 90 days after the creation of a vacancy. Directs USCIRF, during its first meeting after May 30, 2016, to elect: (1) as Chair, a Commissioner appointed by an elected official of the political party of the President; and (2) as Vice Chair, a Commissioner appointed by an elected official of the political party that is not the political party of the President (or on the occasion of two Vice Chairs, one Vice Chair appointed by an elected official of the President's party and the other Vice Chair appointed by an elected official of the other party). Sets forth a process for future elections in which the positions of Chair and Vice Chair rotate annually between Commissioners appointed by elected officials of each political party. Allows the Ambassador at Large to attend all meetings as a nonvoting member. Removes authority under which a USCIRF member may serve after the expiration of that member's term until a successor has taken office. Requires (currently, allows) USCIRF to hold hearings, take actions and testimony, and receive evidence. Requires USCIRF to conduct an annual review of the Executive Director. Directs USCIRF to work with the Executive Director to establish internal hiring practices for professional staff. Encourages the Department of State to allow classified information to be accessed by USCIRF Commissioners and staff with the appropriate security clearance. Prohibits Commissioners from permitting any person, entity, or special interest group, including foreign governments and state-owned enterprises, to inappropriately influence or pose a conflict of interest with a Commissioner's official duties. Requires Commissioners to recuse themselves from related discussions or decisions if such an inappropriate influence or conflict is discovered. Revises restrictions on USCIRF's acceptance of gifts and donations to permit sponsoring private parties to provide compensation and benefits to interns, fellows, and volunteers under specified conditions. Amends the Foreign Service Act of 1980 to require the State Department to receive assistance from USCIRF when establishing training for Foreign Service officers in the field of internationally recognized human rights, including instruction regarding the relationship between religious freedom and security, as well as the role of religious freedom in U.S. foreign policy. | {"src": "billsum_train", "title": "United States Commission on International Religious Freedom Reauthorization Act of 2015"} | 1,780 | 637 | 0.544478 | 1.834815 | 0.682668 | 3.475746 | 3.08209 | 0.807836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Participation Incentive Act
of 2005''.
SEC. 2. MAXIMUM RATE OF INCOME TAX FOR C CORPORATIONS WITH SUBSTANTIAL
EMPLOYEE OWNERSHIP.
(a) In General.--Section 11 of the Internal Revenue Code of 1986
(relating to tax on corporations) is amended by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively, and
by inserting after subsection (b) the following new subsection:
``(c) Maximum Rate of 30 Percent for Corporations With Substantial
Employee Ownership.--
``(1) In general.--Except as provided in subsection (b)(2),
the maximum rate of tax under subsection (b) shall be 30
percent with respect to any corporation if, with respect to
such corporation--
``(A) the employee voting percentage is at least 20
percent, and
``(B) the employee value percentage is at least 20
percent.
``(2) Definitions.--For purposes of this subsection--
``(A) Employee voting percentage.--The term
`employee voting percentage' means the percentage of
the total voting power of the stock of such corporation
which is held directly by employees of such
corporation.
``(B) Employee value percentage.--The term
`employee value percentage' means the percentage of the
total value of the stock of such corporation which is
held directly by employees of such corporation.
``(C) Stock.--The term `stock' has the meaning
given such term under section 1504.
``(3) Determination of ownership averages.--
``(A) In general.--The determination of the
employee voting percentage and the employee value
percentage shall be made on the last day of the taxable
year of the corporation.
``(B) Holdings of 5 percent-shareholders and highly
compensated employees disregarded.--Each such
percentage shall be determined without regard to the
holdings of any highly compensated employee (as defined
in section 414(q)). Notwithstanding the preceding
sentence, the holdings of 5-percent owners (as defined
in such section) shall be taken into account if the
corporation has 50 or fewer employees.
``(C) Controlled groups.--In the case of
corporations which are treated as a single employer
under section 52(a)--
``(i) such corporations shall be treated as
1 corporation for purposes of subparagraph (B),
and
``(ii) the Secretary shall prescribe
regulations--
``(I) for the application of this
subsection in the case of corporations
filing a consolidated return, and
``(II) to prevent the abuse of the
purposes of this subsection.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 3. EXCLUSION FROM GROSS INCOME FOR COMPENSATION PAID IN STOCK BY
CERTAIN CORPORATIONS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 139A the
following new section:
``SEC. 139B. COMPENSATION PAID IN STOCK BY CERTAIN CORPORATIONS.
``(a) In General.--In the case of an employee of an eligible
corporation, gross income of such employee does not include
remuneration received in the form of stock of such corporation or of
any parent or subsidiary (within the meaning of section 422(b)) of such
corporation.
``(b) Limitation.--The amount excluded under subsection (a) from
the gross income of an employee for any taxable year shall not exceed
20 percent of the wages (as defined in section 3401(a) without regard
to paragraph (23)) which would (but for this section) be includible in
gross income for such year.
``(c) Eligible Corporation.--For purposes of this section, the term
`eligible corporation' means, with respect to any taxable year of an
employee, any corporation if--
``(1) the corporation offers to pay remuneration for
services performed during the calendar year in which or with
which such taxable year ends in the form of stock of such
corporation to at least 95 percent of such corporation's full-
time employees, and
``(2) at least 95 percent of the value of the stock which
is so offered during such calendar year is offered to employees
whose wages (as defined in section 3401(a)) are among the
bottom 75 percent of the employees when ranked on the basis of
such wages.
``(d) Basis.--The amount excluded from gross income under this
section shall not be taken into account in determining the basis of the
stock.''.
(b) Exclusion From Withholding.--Subsection (a) of section 3401 of
such Code is amended by striking ``or'' at the end of paragraph (21),
by striking the period at the end of paragraph (22) and inserting ``;
or'', and by adding at the end the following new paragraph:
``(23) in the form of stock if at the time such stock is
paid it is reasonable to believe that the employee will be able
to exclude such stock from income under section 139B.''.
(c) Clerical Amendment.--The table of sections for such part III is
amended by inserting after the item relating to section 139A the
following new item:
``139B. Compensation paid in stock by certain corporations.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 4. DEDUCTION ALLOWED TO ELIGIBLE CORPORATIONS AT TIME QUALIFIED
STOCK OPTION GRANTED.
(a) In General.--Subsection (a) of section 421 of the Internal
Revenue Code of 1986 (relating to general rules for certain stock
options) is amended by adding at the end the following flush sentence:
``Paragraph (2) shall not apply to options granted during any calendar
year for which the corporation is an eligible corporation (as defined
in section 139B(c)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to options granted after the date of the enactment of this Act. | Employee Participation Incentive Act of 2005 - Amends the Internal Revenue Code to: (1) cap at 30 percent the maximum income tax rate for corporations that have a 20 percent or greater employee ownership rate; (2) exclude from employee gross income up to 20 percent of wages paid in stock; and (3) allow such corporations a tax deduction for certain stock options granted to employees. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax to C corporations which have substantial employee ownership and to encourage stock ownership by employees by excluding from gross income stock paid as compensation for services, and for other purposes."} | 1,480 | 78 | 0.591306 | 1.26078 | 0.81983 | 1.986667 | 16.986667 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Records Reporting
Improvement Act of 2017''.
SEC. 2. RESTRICTION ON NCHIP GRANTS.
Section 102 of the Crime Identification Technology Act of 1998 (34
U.S.C. 40301) is amended by adding at the end the following:
``(g)(1) National Instant Criminal Background Check System.--For
purposes of this subsection, the term `National Instant Criminal
Background Check System' means the National Instant Criminal Background
Check System established under section 103(b) of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note) for firearms eligibility
determinations.
``(2) Domestic Violence Record Defined.--For purposes of paragraph
(3), a domestic violence record is the following:
``(A) A record that identifies a person who is subject to a
court order described in section 922(g)(8) of title 18, United
States Code.
``(B) A record that identifies a person who was convicted
in any court of a misdemeanor crime of domestic violence, as
defined in section 921(a)(33) of title 18, United States Code,
during the 5 years preceding the date of enactment of this
subsection.
``(3) Report to Congress.--Not later than January 31 of each year,
the Attorney General shall submit to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of the
Senate a report identifying the percentage of records described in
paragraph (2) from each State that are accessible through the National
Instant Criminal Background Check System.
``(4) Methodology.--The method established to calculate the number
of records identified in paragraph (2) accessible through the National
Instant Criminal Background Check System, as set forth in paragraph (2)
and State compliance with the required level of reporting under
paragraph (6), shall be determined by the Attorney General, after
consultation with the States, in accordance with the following:
``(A) A record of an individual convicted of a misdemeanor
crime of domestic violence shall be counted as accessible
through the National Instant Criminal Background Check System
if a record identifying the individual has been submitted to
the NICS Index or a record identifies the individual in the
Interstate Identification Index and the record in the
Interstate Identification Index either complies with paragraph
(c)(2) of section 102 of the NICS Amendment Improvements Act of
2007 (34 U.S.C. 40912), or otherwise clearly indicates that the
person is ineligible to purchase or possess firearms as a
result of the conviction.
``(B) A record of an individual subject to a court order
described in section 922(g)(8) of title 18, United States Code
shall be counted as accessible through the National Instant
Criminal Background Check System if either a record identifying
the individual has been submitted to the NICS Index, or the
individual is identified in the Protection Order File of the
National Crime Information Center and the record in the
Protection Order File of the National Crime Information Center
clearly indicates that the person is ineligible to purchase or
possess firearms as a result of the court order.
``(5) Grant Eligibility.--Starting in each year as stated below, a
State shall not be eligible for a grant under this section for purposes
that do not contribute to the accessibility of the records described in
paragraph (2) through the National Instant Criminal Background Check
System, unless at least the following percentage of such records from
that State are accessible through the National Instant Criminal
Background Check System, as determined by the Attorney General in
accordance with paragraph (4):
``(A) 30 percent of such records, starting 2021;
``(B) 50 percent of such records, starting 2023; and
``(C) 70 percent of such records, starting 2025.
``(6) Reallocation.--Any funds that are not allocated to a State
because of the failure of the State to comply with the requirements of
this subsection shall be reallocated to States that meet such
requirements.''.
SEC. 3. NARIP FUNDING FOR DOMESTIC VIOLENCE REPORTING.
(a) Implementation Assistance to States.--Section 103(c) of the
NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end, the following:
``(2) The Attorney General shall waive the requirement of a
relief from disabilities program for any State to receive a
grant under this section if the primary purpose of the grant is
to improve the accessibility through the National Instant
Criminal Background Check System of the records identified in
subsection (g)(3) of section 102 of the Crime Identification
Technology Act of 1998 (34 U.S.C. 40301).''.
(b) Disposition Records Automation and Transmittal Improvement
Grants.--Section 301(d) of the NICS Improvement Amendments Act of 2007
(34 U.S.C. 40941) is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end, the following:
``(2) The Attorney General shall waive the requirement of a
relief from disabilities program for any State to receive a
grant under this section if the primary purpose of the grant is
to improve the accessibility through the National Instant
Criminal Background Check System of the records identified in
subsection (g)(3) of section 102 of the Crime Identification
Technology Act of 1998 (34 U.S.C. 40301).''. | Domestic Violence Records Reporting Improvement Act of 2017 This bill amends the Crime Identification Technology Act of 1998 to require a state, as an eligibility condition to receive a grant under the National Criminal History Improvement Program, to provide to the National Instant Criminal Background Check System (NICS) a certain percentage of records related to domestic violence convictions and protection orders. Additionally, the bill amends the NICS Improvement Amendments Act of 2007 to waive the requirement for a state to certify, as an eligibility condition to receive a grant under the NICS Act Record Improvement Program (NARIP), that it has a relief from disabilities program, if the state's primary purpose for the NARIP grant is to improve access to domestic violence records in the NICS. | {"src": "billsum_train", "title": "Domestic Violence Records Reporting Improvement Act of 2017"} | 1,235 | 164 | 0.571569 | 1.587779 | 0.681763 | 2.408759 | 8.189781 | 0.861314 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) President Jimmy Carter and his wife, First Lady
Rosalynn Carter, epitomize the best qualities in American
service, volunteerism, and statesmanship, through their life
work in Plains, Georgia, and throughout the world. Since
leaving the White House, the Carters have redefined the role of
ex-President to help broker peace and fight disease worldwide.
(2) President and Mrs. Carter have selflessly distinguished
themselves as exemplary public servants, both in the United
States and throughout the world.
(3) Jimmy Carter, born James Earl Carter, Jr. in 1924,
attended Georgia Southwestern College and the Georgia Institute
of Technology and received his B.S. degree from the U.S. Naval
Academy in 1946. He then served the United States from 1946
until 1953, including service on the battleship USS Pomfret in
the Pacific and on the nuclear submarine Sea Wolf.
(4) Later, Mr. Carter did graduate work in nuclear physics
at Union College.
(5) After his service in the Navy, Mr. Carter returned to
Plains and became a successful businessman and farmer.
(6) In Plains, Mr. Carter dedicated himself to local public
service as Chairman of the Sumter County School Board, Chairman
of the County Hospital Authority, President of the Plains
Development Corporation, and President of the Crop Improvement
Association.
(7) After the landmark 1954 Supreme Court decision Brown v.
Board of Education held that segregation in the public schools
was unconstitutional, a White Citizens' Council movement in
Plains was organized in opposition. When Mr. Carter refused to
join in protest, his business was boycotted.
(8) Jimmy Carter served two consecutive two-year terms in
the Georgia Senate. Rosalynn Carter was an important confidant.
(9) Mr. Carter was elected Governor of the State of Georgia
in 1970, and called for an end to racial discrimination in his
1971 inaugural address.
(10) President Carter was inaugurated as the thirty-ninth
President of the United States on Jan. 20, 1977.
(11) As First Lady of the United States, Rosalynn Carter
focused national attention on the performing arts. She invited
to the White House leading classical artists from around the
world, as well as traditional American artists. She also took a
strong interest in programs to aid mental health, the
community, and the elderly. From 1977 to 1978, she served as
the Honorary Chairperson of the President's Commission on
Mental Health. She also served as the President's personal
emissary to Latin American countries.
(12) President Carter's domestic accomplishments included a
long-term program designed to solve the mounting energy
shortfalls, including a limit on imported oil, gradual price
decontrol on domestically produced oil, a stringent program of
conservation, and development of alternative sources of energy
such as solar, nuclear, and geothermal power, oil and gas from
shale and coal, and synthetic fuels; an overhaul of the civil-
service system; creation of new Departments of Education and
Energy; deregulation of the airlines to stimulate competition
and lower fares; and environmental efforts that included
passage of a law preserving vast wilderness areas of Alaska.
(13) President Carter's foreign policy achievements
included negotiating the Panama Canal treaties; the historic
Camp David Accords between Israeli Premier Menahem Begin and
Egyptian President Anwar el-Sadat, which provided the
foundation for a settlement of the Middle East dispute that had
eluded peacemakers for more than three decades; the SALT II
treaty with the Soviet Union; and the establishment of
diplomatic relations with the People's Republic of China.
(14) After serving as President and First Lady of the
United States, President and Mrs. Carter built the Carter
Center in Atlanta, a nonprofit organization promoting
international peace, human rights, conflict resolution,
democracy and economic development and the fight against
poverty, hunger and disease in some 65 countries throughout the
world, and particularly in developing countries. Mrs. Carter
currently serves as Vice Chair of the Carter Center, where she
leads a program to diminish stigma against mental illness and
to promote greater access to mental health care.
(15) Since 1982, President and Mrs. Carter have been active
volunteers and serve on the International Board of Advisors of
the Habitat for Humanity, a nonprofit organization that helps
needy people in the United States and in some 44 other
countries renovate and build homes for themselves. Since its
founding in 1976, Habitat for Humanity has built over 30,000
homes.
(16) In December 2002, President Carter received the Nobel
Peace Prize for his ``decades of untiring effort to find
peaceful solutions to international conflicts, to advance
democracy and human rights, and to promote economic and social
development''.
(17) President Carter currently teaches Sunday school and
is a deacon in the Maranatha Baptist Church of Plains. He is a
distinguished professor and lecturer at Emory University.
SEC. 2. CONGRESSIONAL GOLD MEDALS.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of gold medals of appropriate design to former President
Jimmy Carter and his wife Rosalynn Carter, in recognition of their life
work and service to the United States.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall strike gold medals
with suitable emblems, devices, and inscriptions, to be determined by
the Secretary.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medals
struck pursuant to section 2 at a price sufficient to cover the costs
of the bronze medals (including labor, materials, dies, use of
machinery, and overhead expenses) and the cost of the gold medals.
SEC. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. FUNDING AND PROCEEDS OF SALE.
(a) Authorization.--There is authorized to be charged against the
United States Mint Public Enterprise Fund such amounts as may be
necessary, not to exceed $60,000, to pay for the cost of the medals
struck pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Requires the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of the Congress, of gold medals to former President Jimmy Carter and his wife, Rosalynn, in recognition of their life work and service to the United States. | {"src": "billsum_train", "title": "To award congressional gold medals to former President Jimmy Carter and his wife Rosalynn Carter in recognition of their outstanding service to the United States and to the world."} | 1,449 | 65 | 0.338333 | 1.050164 | 0.359898 | 6.236364 | 24.527273 | 0.963636 |
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