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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Competitiveness and
Innovation Strategy Act of 2010''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The United States has not undertaken a national
economic competitiveness strategy since 1978.
(2) Major economic competitors of the United States are
engaged in nationally coordinated efforts to improve their own
competitiveness.
(3) The world economy is at a turning point in the face of
economic challenges, energy constraints, infrastructure, and
manufacturing sector changes.
(4) The United States needs to position itself to take
advantage of the turning point described in paragraph (3) to
ensure the continued economic success of the United States for
the next 50 years.
(b) Sense of Congress.--It is the sense of Congress that the United
States should engage the private sector in order to maximize Government
efforts to improve national competitiveness and further innovation
within specific economic sectors in order to reassert leadership in key
sectors and to improve the quality of, and increase the quantity of,
high-value jobs in the United States.
SEC. 3. STUDY ON ECONOMIC COMPETITIVENESS AND INNOVATIVE CAPACITY OF
UNITED STATES AND DEVELOPMENT OF NATIONAL ECONOMIC
COMPETITIVENESS STRATEGY.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall
complete a comprehensive study of the economic competitiveness
and innovative capacity of the United States.
(2) Matters covered.--The study required by paragraph (1)
shall include the following:
(A) An analysis of the United States economy and
innovation infrastructure.
(B) An assessment of the following:
(i) The current competitive and innovation
performance of the United States economy
relative to other countries that compete
economically with the United States.
(ii) Economic competitiveness and domestic
innovation in the current business climate,
including tax and Federal regulatory policy.
(iii) The business climate of the United
States and those of other countries that
compete economically with the United States.
(iv) Regional issues that influence the
economic competitiveness and innovation
capacity of the United States, including--
(I) the roles of State and local
governments and institutions of higher
education; and
(II) regional factors that
contribute positively to innovation.
(v) The effectiveness of the Federal
Government in supporting and promoting economic
competitiveness and innovation, including any
duplicative efforts of, or gaps in coverage
between, Federal agencies and departments.
(vi) Barriers to competitiveness in newly
emerging business or technology sectors,
factors influencing underperforming economic
sectors, unique issues facing small and medium
enterprises, and barriers to the development
and evolution of start-ups, firms, and
industries.
(vii) The effects of domestic and
international trade policy on the
competitiveness of the United States and the
United States economy.
(viii) United States export promotion and
export finance programs relative to export
promotion and export finance programs of other
countries that compete economically with the
United States, including Canada, France,
Germany, Italy, Japan, Korea, and the United
Kingdom, with noting of export promotion and
export finance programs carried out by such
countries that are not analogous to any
programs carried out by the United States.
(ix) The effectiveness of current policies
and programs affecting exports, including an
assessment of Federal trade restrictions and
State and Federal export promotion activities.
(x) The effectiveness of the Federal
Government and federally funded research and
development centers in supporting and promoting
technology commercialization and technology
transfer.
(xi) Domestic and international
intellectual property policies and practices.
(xii) Manufacturing capacity, logistics,
and supply chain dynamics of major export
sectors, including access to a skilled
workforce, physical infrastructure, and
broadband network infrastructure.
(xiii) Federal and State policies relating
to science, technology, and education and other
relevant Federal and State policies designed to
promote commercial innovation, including
immigration policies.
(C) Development of recommendations on the
following:
(i) How the United States should invest in
human capital.
(ii) How the United States should
facilitate entrepreneurship and innovation.
(iii) How best to develop opportunities for
locally and regionally driven innovation by
providing Federal support.
(iv) How best to strengthen the economic
infrastructure and industrial base of the
United States.
(v) How to improve the international
competitiveness of the United States.
(3) Consultation.--
(A) In general.--The study required by paragraph
(1) shall be conducted in consultation with the
National Economic Council of the Office of Policy
Development, such Federal agencies as the Secretary
considers appropriate, and the Innovation Advisory
Board established under subparagraph (B). The Secretary
shall also establish a process for obtaining comments
from the public.
(B) Innovation advisory board.--
(i) In general.--The Secretary shall
establish an Innovation Advisory Board for
purposes of obtaining advice with respect to
the conduct of the study required by paragraph
(1).
(ii) Composition.--The Advisory Board
established under clause (i) shall be comprised
of 15 members, appointed by the Secretary--
(I) who shall represent all major
industry sectors;
(II) a majority of whom should be
from private industry, including large
and small firms, representing advanced
technology sectors and more traditional
sectors that use technology; and
(III) who may include economic or
innovation policy experts, State and
local government officials active in
technology-based economic development,
and representatives from higher
education.
(iii) Exemption from faca.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall
not apply to the advisory board established
under clause (i).
(b) Strategy.--
(1) In general.--Not later than 1 year after the completion
of the study required by subsection (a), the Secretary shall
develop, based on the study required by subsection (a)(1), a
national 10-year strategy to strengthen the innovative and
competitive capacity of the Federal Government, State and local
governments, United States institutions of higher education,
and the private sector of the United States.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) Actions to be taken by individual Federal
agencies and departments to improve competitiveness.
(B) Proposed legislative actions for consideration
by Congress.
(C) Annual goals and milestones for the 10-year
period of the strategy.
(D) A plan for monitoring the progress of the
Federal Government with respect to improving conditions
for innovation and the competitiveness of the United
States.
(c) Report.--
(1) In general.--Upon the completion of the strategy
required by subsection (b), the Secretary of Commerce shall
submit to Congress and the President a report on the study
conducted under subsection (a) and the strategy developed under
subsection (b).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The findings of the Secretary with respect to
the study conducted under subsection (a).
(B) The strategy required by subsection (b). | National Competitiveness and Innovation Strategy Act of 2010 - Directs the Secretary of Commerce to complete a comprehensive study of the economic competitiveness and innovative capacity of the United States.
Requires the Secretary to establish: (1) a process for obtaining public comments; and (2) an Innovation Advisory Board to advise the Secretary with respect to the conduct of the study.
Directs the Secretary to develop, based on the study, a national 10-year strategy for strengthening the innovative and competitive capacity of the federal government, state and local governments, institutions of higher education, and the private sector. | {"src": "billsum_train", "title": "A bill to require the Secretary of Commerce to conduct a study on the economic competitiveness and innovative capacity of the United States and to develop a national economic competitiveness strategy, and for other purposes."} | 1,512 | 122 | 0.648463 | 1.67623 | 0.585647 | 4.508772 | 13.342105 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Community Learning
Centers Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a local public school often serves as a center for the
delivery of education and human resources for all members of a
community;
(2) public schools, primarily in rural and inner city
communities, should collaborate with other public and nonprofit
agencies and organizations, local businesses, educational
entities (such as vocational and adult education programs,
school to work programs, community colleges, and universities),
recreational, cultural, and other community and human service
entities for the purpose of meeting the needs and expanding the
opportunities available to the residents of the communities
served by such schools;
(3) by using school facilities, equipment, and resources,
communities can promote a more efficient use of public
education facilities, especially in rural and inner city areas
where limited financial resources have enhanced the necessity
for local public schools to become social service centers;
(4) the high technology, global economy of the 21st century
will require lifelong learning to keep America's workforce
competitive and successful, local public schools should provide
centers for lifelong learning and educational opportunities for
individuals of all ages; and
(5) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities.
SEC. 3. PROGRAM AUTHORIZATION AND DISTRIBUTION.
(a) Grants by the Secretary.--The Secretary is authorized in
accordance with the provisions of this subsection to make grants to
rural and inner city schools or consortia thereof to plan, implement,
or to expand projects that benefit the educational, health, social
service, cultural, and recreational needs of a rural or inner city
community.
(1) No school or consortia thereof shall receive a grant
award of less than $50,000 in each fiscal year; and
(2) such grant projects do not exceed a 3-year period.
(b) Application.--To be eligible to receive funds under this Act, a
school or consortia thereof shall submit an application to the
Secretary of Education at such time and in such manner as the Secretary
may reasonably prescribe, that shall include--
(1) a comprehensive local plan that enables such school to
serve as a center for the delivery of education and human
resources for members of a community; and
(2) an initial evaluation of needs, available resources,
and goals and objectives for the proposed community education
program to determine programs that will be developed to address
these needs:
(A) A mechanism to disseminate information in a
manner that is understandable and accessible to the
community.
(B) Identification of Federal, State, and local
programs to be merged or coordinated so that public
resources may be maximized.
(C) A description of the collaborative efforts of
community-based organizations, related public agencies,
businesses, or other appropriate organizations.
(D) A description of how the school will assist as
a delivery center for existing and new services,
especially inter-active telecommunication used for
education and professional training.
(E) The establishment of a facility utilization
policy that specifically states rules and regulations
for building and equipment use and supervision
guidelines.
(c) Priority.--The Secretary shall give priority to applications
that offer a broad selection of services that address the needs of the
community.
SEC. 4. USES OF FUNDS.
(a) Authorized Programs.--Grants awarded under this Act may be used
to plan, implement, or expand community learning centers which shall
include not less than 4 of the following activities:
(1) Literacy education programs.
(2) Senior citizen programs.
(3) Children's day care services.
(4) Integrated education, health, social service,
recreational, or cultural programs.
(5) Summer and weekend school programs in conjunction with
summer recreation programs.
(6) Nutrition, health, and/or physical therapy.
(7) Expanded library service hours to serve community
needs.
(8) Telecommunications and technology education programs
for all ages.
(9) Parenting skills education programs.
(10) Support and training for child day care providers.
(11) Employment counseling, training, and placement.
(12) Services for students who withdraw from school before
graduating high school, regardless of age.
(13) Services for individuals who are either physically or
mentally challenged.
SEC. 5. AWARD OF GRANTS.
(a) In General.--In approving grants under this part, the Secretary
shall assure an equitable distribution of assistance among the States,
among urban and rural areas of the United States, and among urban and
rural areas of a State.
(b) Grant Period--Grants may be awarded for a period not to exceed
3 years.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``Community Learning Center'' means the
provision of educational, recreational, health, and social
service programs for residents of all ages of a local community
in public school buildings, primarily in rural and inner city
areas, operated by the local educational agency in conjunction
with local governmental agencies, businesses, vocational
education programs, community colleges, universities, and
cultural, recreational, and other community and human service
entities; and
(2) the term ``Secretary'' means the Secretary of
Education.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $25,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal years
1996 through 1999. | 21st Century Community Learning Centers Act - Directs the Secretary of Education to make grants to rural and inner city schools or consortia for projects that benefit the educational, health, social security, cultural, and recreational needs of rural or inner city communities.
Authorizes appropriations. | {"src": "billsum_train", "title": "21st Century Community Learning Centers Act"} | 1,171 | 63 | 0.634549 | 1.453588 | 0.959213 | 5.058824 | 23.019608 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immunosuppressive Drug Coverage Act
of 2001''.
SEC. 2. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS
UNDER THE MEDICARE PROGRAM.
(a) Continued Entitlement to Immunosuppressive Drugs for Kidney
Transplant Recipients.--
(1) In general.--Section 226A(b)(2) of the Social Security
Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except
for coverage of immunosuppressive drugs under section
1861(s)(2)(J))'' after ``shall end''.
(2) Application.--In the case of an individual whose
eligibility for benefits under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) has ended except for the
coverage of immunosuppressive drugs by reason of the amendment
made by paragraph (1), the following rules shall apply:
(A) The individual shall be deemed to be enrolled
in part B of the original medicare fee-for-service
program under title XVIII of the Social Security Act
(42 U.S.C. 1395j et seq.) for purposes of receiving
coverage of such drugs.
(B) The individual shall be responsible for the
full part B premium under section 1839 of such Act (42
U.S.C. 1395r) in order to receive such coverage.
(C) The provision of such drugs shall be subject to
the application of--
(i) the part B deductible under section
1833(b) of such Act (42 U.S.C. 1395l(b)); and
(ii) the coinsurance amount applicable for
such drugs (as determined under such part B).
(D) If the individual is an inpatient of a hospital
or other entity, the individual is entitled to receive
coverage of such drugs under such part B.
(3) Establishment of procedures in order to implement
coverage.--The Secretary of Health and Human Services shall
establish procedures for--
(A) identifying beneficiaries that are entitled to
coverage of immunosuppressive drugs by reason of the
amendment made by paragraph (1); and
(B) distinguishing such beneficiaries from
beneficiaries that are enrolled under part B of title
XVIII of the Social Security Act for the complete
package of benefits under such part.
(4) Technical amendment.--Subsection (c) of section 226A
(42 U.S.C. 426-1), as added by section 201(a)(3)(D)(ii) of the
Social Security Independence and Program Improvements Act of
1994 (Public Law 103-296; 108 Stat. 1497), is redesignated as
subsection (d).
(b) Extension of Secondary Payer Requirements for ESRD
Beneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42
U.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following
new sentence: ``With regard to immunosuppressive drugs furnished on or
after the date of enactment of the Immunosuppressive Drugs Coverage Act
of 2001, this subparagraph shall be applied without regard to any time
limitation.''.
(c) Effective Date.--The amendments made by this section shall
apply to drugs furnished on or after the date of enactment of this Act.
SEC. 3. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
(a) Application to Certain Health Insurance Coverage.--
(1) In General.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following:
``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
``A group health plan (and a health insurance issuer offering
health insurance coverage in connection with a group health plan) shall
provide coverage of immunosuppressive drugs that is at least as
comprehensive as the coverage provided by such plan or issuer on the
day before the date of enactment of the Immunosuppressive Drug Coverage
Act of 2001, and such requirement shall be deemed to be incorporated
into this section.''.
(2) Conforming amendment.--Section 2721(b)(2)(A) of the
Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is
amended by inserting ``(other than section 2707)'' after
``requirements of such subparts''.
(b) Application to Group Health Plans and Group Health Insurance
Coverage Under the Employee Retirement Income Security Act of 1974.--
(1) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following new section:
``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
``A group health plan (and a health insurance issuer offering
health insurance coverage in connection with a group health plan) shall
provide coverage of immunosuppressive drugs that is at least as
comprehensive as the coverage provided by such plan or issuer on the
day before the date of enactment of the Immunosuppressive Drug Coverage
Act of 2001, and such requirement shall be deemed to be incorporated
into this section.''.
(2) Conforming amendments.--
(A) Section 732(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185(a)) is
amended by striking ``section 711'' and inserting
``sections 711 and 714''.
(B) The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 is
amended by inserting after the item relating to section
713 the following new item:
``Sec. 714. Coverage of Immunosuppressive drugs.''.
(c) Application to Group Health Plans Under the Internal Revenue
Code of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code
of 1986 is amended--
(1) in the table of sections, by inserting after the item
relating to section 9812 the following new item:
``Sec. 9813. Coverage of
immunosuppressive drugs.'';
and
(2) by inserting after section 9812 the following:
``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.
``A group health plan shall provide coverage of immunosuppressive
drugs that is at least as comprehensive as the coverage provided by
such plan on the day before the date of enactment of the
Immunosuppressive Drug Coverage Act of 2001, and such requirement shall
be deemed to be incorporated into this section.''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2002. | Immunosuppressive Drug Coverage Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease beneficiaries.Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide adequate coverage for immunosuppressive drugs furnished to beneficiaries under the medicare program that have received an organ transplant, and for other purposes."} | 1,627 | 131 | 0.556949 | 1.512615 | 0.552475 | 2.518182 | 11.563636 | 0.809091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nevada Native Nations Land Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR CERTAIN INDIAN
TRIBES.
(a) Conveyance of Land To Be Held in Trust for the Fort McDermitt
Paiute and Shoshone Tribe.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Fort McDermitt Indian
Reservation Expansion Act'', dated February 21, 2013, and on
file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Fort McDermitt Paiute and Shoshone
Tribe; and
(B) shall be part of the reservation of the Fort
McDermitt Paiute and Shoshone Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 19,094 acres of land administered by
the Bureau of Land Management as generally depicted on the map
as ``Reservation Expansion Lands''.
(b) Conveyance of Land To Be Held in Trust for the Shoshone Paiute
Tribes.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Mountain City Administrative
Site Proposed Acquisition'', dated July 29, 2013, and on file
and available for public inspection in the appropriate offices
of the Forest Service.
(2) Conveyance of land.--Subject to valid existing rights
and paragraph (4), all right, title, and interest of the United
States in and to the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Shoshone Paiute Tribes of the Duck
Valley Indian Reservation; and
(B) shall be part of the reservation of the
Shoshone Paiute Tribes of the Duck Valley Indian
Reservation.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 82 acres of land administered by the
Forest Service as generally depicted on the map as ``Proposed
Acquisition Site''.
(4) Condition on conveyance.--The conveyance under
paragraph (2) shall be subject to the reservation of an
easement on the conveyed land for a road to provide access to
adjacent National Forest System land for use by the Forest
Service for administrative purposes.
(5) Facilities and improvements.--The Secretary of
Agriculture (acting through the Chief of the Forest Service)
shall convey to the Shoshone Paiute Tribes of the Duck Valley
Indian Reservation any existing facilities or improvements to
the land described in paragraph (3).
(c) Conveyance of Land To Be Held in Trust for the Summit Lake
Paiute Tribe.--
(1) Definition of map.--In this section, the term ``map''
means the map entitled ``Summit Lake Indian Reservation
Conveyance'', dated February 28, 2013, and on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Summit Lake Paiute Tribe; and
(B) shall be part of the reservation of the Summit
Lake Paiute Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 941 acres of land administered by the
Bureau of Land Management as generally depicted on the map as
``Reservation Conveyance Lands''.
(d) Conveyance of Land To Be Held in Trust for the Reno-Sparks
Indian Colony.--
(1) Definition of map.--In this subsection, the term
``map'' means the map entitled ``Reno-Sparks Indian Colony
Expansion'', dated June 11, 2014, and on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Reno-Sparks Indian Colony; and
(B) shall be part of the reservation of the Reno-
Sparks Indian Colony.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 13,434 acres of land administered by
the Bureau of Land Management as generally depicted on the map
as ``RSIC Amended Boundary''.
(e) Conveyance of Land To Be Held in Trust for the Pyramid Lake
Paiute Tribe.--
(1) Map.--In this subsection, the term ``map'' means the
map entitled ``Pyramid Lake Indian Reservation Expansion'',
dated April 13, 2015, and on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Pyramid Lake Paiute Tribe; and
(B) shall be part of the reservation of the Pyramid
Lake Paiute Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 6,357 acres of land administered by
the Bureau of Land Management as generally depicted on the map
as ``Reservation Expansion Lands''.
(f) Conveyance of Land To Be Held in Trust for the Duckwater
Shoshone Tribe.--
(1) Map.--In this subsection, the term ``map'' means the
map entitled ``Duckwater Reservation Expansion'', dated October
15, 2015, and on file and available for public inspection in
the appropriate offices of the Bureau of Land Management.
(2) Conveyance of land.--Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in paragraph (3)--
(A) is held in trust by the United States for the
benefit of the Duckwater Shoshone Tribe; and
(B) shall be part of the reservation of the
Duckwater Shoshone Tribe.
(3) Description of land.--The land referred to in paragraph
(2) is the approximately 31,229 acres of land administered by
the Bureau of Land Management as generally depicted on the map
as ``Reservation Expansion Lands''.
(g) Revocation of Public Land Orders.--Any public land order that
withdraws any portion of land conveyed to an Indian tribe under this
section shall be revoked to the extent necessary to permit the
conveyance of the land.
SEC. 4. ADMINISTRATION.
(a) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust for each
Indian tribe under section 3.
(b) Use of Trust Land.--
(1) Gaming.--Land taken into trust under section 3 shall
not be eligible, or considered to have been taken into trust,
for class II gaming or class III gaming (as those terms are
defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)).
(2) Thinning; landscape restoration.--With respect to the
land taken into trust under section 3, the Secretary, in
consultation and coordination with the applicable Indian tribe,
may carry out any fuel reduction and other landscape
restoration activities, including restoration of sage grouse
habitat, on the land that is beneficial to the Indian tribe and
the Bureau of Land Management.
Passed the Senate April 14, 2016.
Attest:
Secretary.
114th CONGRESS
2d Session
S. 1436
_______________________________________________________________________
AN ACT
To require the Secretary of the Interior to take land into trust for
certain Indian tribes, and for other purposes. | (This measure has not been amended since it was reported to the Senate on February 29, 2016. Nevada Native Nations Land Act (Sec. 3) This bill requires the United States to hold in trust the following lands for the benefit of: the Fort McDermitt Paiute and Shoshone Tribe of the Fort McDermitt Indian Reservation, 19,094 acres of Bureau of Land Management (BLM) land; the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation, 82 acres of Forest Service land; the Summit Lake Paiute Tribe, 941 acres of BLM land; the Reno-Sparks Indian Colony, 13,434 acres of BLM land; the Pyramid Lake Paiute Tribe, 6,357 acres of BLM land; and the Duckwater Shoshone Tribe 31,269 acres of BLM land. The lands held for these tribes shall be part of their respective reservations. (Sec. 4) Gaming is prohibited on these lands. | {"src": "billsum_train", "title": "Nevada Native Nations Land Act"} | 1,919 | 224 | 0.569311 | 1.644519 | 0.661744 | 2.511765 | 10.305882 | 0.852941 |
SECTION 1. APPOINTMENTS TO MILITARY SERVICE ACADEMIES BY THE RESIDENT
REPRESENTATIVE TO THE UNITED STATES FOR THE COMMONWEALTH
OF THE NORTHERN MARIANA ISLANDS.
(a) United States Military Academy.--
(1) Appointment authority.--Subsection (a) of section 4342
of title 10, United States Code, is amended by striking out the
sentence following the clauses of such subsection and inserting
in lieu thereof the following:
``(10) One cadet from the Commonwealth of the Northern
Mariana Islands, nominated by the Resident Representative to
the United States for the Commonwealth of the Northern Mariana
Islands in consultation with the Governor of the Commonwealth
of the Northern Mariana Islands.
``Each person specified in clauses (3) through (10) who is entitled to
nominate a candidate for admission to the Academy may nominate a
principal candidate and nine alternates for each vacancy that is
available to the person under this subsection.''.
(2) Domicile of cadets.--Subsection (f) of such section is
amended to read as follows:
``(f) Each candidate for admission nominated under clauses (3)
through (10) of subsection (a) must be domiciled--
``(1) in the State, or in the congressional district, from
which the candidate is nominated; or
``(2) in the District of Columbia, Puerto Rico, American
Samoa, Guam, the Virgin Islands, or the Commonwealth of the
Northern Mariana Islands, if the candidate is nominated from
one of those places.''.
(3) Conforming amendments.--(A) Subsection (d) of such
section is amended by striking out ``(9)'' and inserting in
lieu thereof ``(10)''.
(B) Section 4343 of such title is amended by striking out
``(8) of section 4342(a)'' and inserting in lieu thereof ``(10)
of section 4342(a)''.
(b) United States Naval Academy.--
(1) Appointment authority.--Section 6954(a) of title 10,
United States Code, is amended by striking out the sentence
following the clauses of such subsection and inserting in lieu
thereof the following:
``(10) One from the Commonwealth of the Northern Mariana
Islands, nominated by the Resident Representative to the United
States for the Commonwealth of the Northern Mariana Islands in
consultation with the Governor of the Commonwealth of the
Northern Mariana Islands.
``Each person specified in clauses (3) through (10) who is entitled to
nominate a candidate for admission to the Academy may nominate a
principal candidate and nine alternates for each vacancy that is
available to the person under this subsection.''.
(2) Domicile of midshipmen.--Subsection (b) of section 6958
of such title is amended to read as follows:
``(b) Each candidate for admission nominated under clauses (3)
through (10) of subsection (a) of section 6954 of this title must be
domiciled--
``(1) in the State, or in the congressional district, from
which the candidate is nominated; or
``(2) in the District of Columbia, Puerto Rico, American
Samoa, Guam, the Virgin Islands, or the Commonwealth of the
Northern Mariana Islands, if the candidate is nominated from
one of those places.''.
(4) Conforming amendment.--(A) Section 6954(d) of such
title is amended by striking out ``(9)'' and inserting in lieu
thereof ``(10)''.
(B) Section 6956(b) of such title is amended by striking
out ``(8) of section 6954(a)'' and inserting in lieu thereof
``(10) of section 6954(a)''.
(c) United States Air Force Academy.--
(1) Appointment authority.--Subsection (a) of section 9342
of title 10, United States Code, is amended by striking out the
sentence following the clauses of such subsection and inserting
in lieu thereof the following:
``(10) One cadet from the Commonwealth of the Northern
Mariana Islands, nominated by the Resident Representative to
the United States for the Commonwealth of the Northern Mariana
Islands in consultation with the Governor of the Commonwealth
of the Northern Mariana Islands.
``Each person specified in clauses (3) through (10) who is entitled to
nominate a candidate for admission to the Academy may nominate a
principal candidate and nine alternates for each vacancy that is
available to the person under this subsection.''.
(2) Domicile of cadets.--Subsection (f) of such section is
amended to read as follows:
``(f) Each candidate for admission nominated under clauses (3)
through (10) of subsection (a) must be domiciled--
``(1) in the State, or in the congressional district, from
which the candidate is nominated; or
``(2) in the District of Columbia, Puerto Rico, American
Samoa, Guam, the Virgin Islands, or the Commonwealth of the
Northern Mariana Islands, if the candidate is nominated from
one of those places.''.
(3) Conforming amendments.--(A) Subsection (d) of such
section is amended by striking out ``(9)'' and inserting in
lieu thereof ``(10)''.
(B) Section 9343 of such title is amended by striking out
``(8) of section 9342(a)'' and inserting in lieu thereof ``(10)
of section 9342(a)''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to the nomination of candidates for appointment to
the United States Military Academy, the United States Naval Academy,
and the United States Air Force Academy for classes entering one of
these military service academies after the date of the enactment of
this Act. | Provides for the appointment of candidates to the military service academies by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to provide for appointments to the military service academies by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands."} | 1,313 | 36 | 0.661051 | 1.533667 | 0.055349 | 5.321429 | 42.214286 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Broadband Strategy Act of
2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States needs to develop a long-term
investment and growth strategy that will restore the
unprecedented gains in structural economic productivity with
high employment growth experienced by the United States in the
late 1990s.
(2) The gains in structural productivity with high
employment growth in the late 1990s resulted from unprecedented
investments in information and communication technology.
(3) It was the precipitous decline in these investments
that took the United States economy into recession before
September 11, 2001.
(4) The United States needs to focus on stimulating
resurgence in these investments to regain vibrant growth in
structural productivity and high employment growth.
(5) If productivity increases at the rate of 1.5 percent
per year, the standard of living will double about every 46
years, or about every two generations. On the other hand, if
productivity increases at the rate of 3 percent per year, the
standard of living will double about every 23 years, or about
every generation. This difference results from the so-called
miracle of compounding. To take advantage of compounding, a
long-term economic strategy for the United States must focus on
structural productivity growth.
(6) Productivity growth has enabled American workers to
produce 30 times as much in goods and services in 1999 as they
produced in 1899, with only 5 times as many workers. This
growth in productivity has increased the standard of living in
the United States from $4,200 in 1899 to $33,740 in 1999
(expressed in 1999 dollars). Growth in structural productivity
will bring about growth in wages and salaries, profits, and
government tax receipts.
(7) The productivity gains of the United States in the late
1990s broke a 25-year trend. From the early 1970s to the mid-
1990s, United States productivity grew sluggishly, at an annual
rate of about 1.5 percent. During the final 5 years of the 20th
Century, it grew at nearly double that rate.
(8) The high cyclical productivity growth the United States
has experienced in 2001 and 2002 results for the most part from
a reduction in employment and increased utilization of existing
capacity.
(9) The United States needs a strategy to generate
structural productivity growth arising from the development and
deployment of new technology that enhances both efficiency and
employment.
(10) The United States needs to prepare now for the
retirement of the Baby Boom generation. If the United States
does nothing regarding Social Security, it is estimated that by
2030 the annual shortfall between amounts in the Social
Security Trust Fund and the amount required to meet obligations
of the Fund will reach $814,000,000,000 (in 1999 dollars). The
United States has approximately $7,4000,000,000,000 in
obligations coming due, and it is advisable to have our fiscal
house in order, hopefully with no national debt, when these
obligations must be paid. Restoring structural productivity and
high employment growth is essential to ensure that the United
States can honor these obligations.
(11) Making affordable, high speed broadband Internet
connections of 10 Mbps-100 Mbps available to all American homes
and small businesses has the potential to restore structural
productivity and employment growth.
(12) High speed broadband Internet applications for voice,
data, graphics, and video will revolutionize many aspects of
life at home, school, and work. High speed broadband Internet
will transform health care, commerce, government, and
education. The benefits of a successful high speed broadband
Internet deployment strategy to the quality of life and economy
of the United States will be immeasurable.
(13) Traditionally, the United States is considered the
world leader in the development and commercialization of new
innovations and technologies. However, the United States lags
far behind other countries in broadband deployment, including
South Korea, Canada, and Sweden. By 2005, the United States is
projected to fall to ninth place in broadband deployment,
surpassed by Asian markets in Hong Kong and Singapore, the
Scandinavian countries Denmark and Norway, and the Netherlands.
(14) The United States will need high speed broadband
Internet for public health, education, and economic welfare,
just as the United States now needs universal telephone
service. High speed broadband Internet applications are capable
of revitalizing the economy and solving countless problems for
average Americans. The applications fall into the areas of e-
education, e-health, e-commerce, e-government, and e-
entertainment.
(15) The benefits that will arise from development and
implementation of a national high speed broadband Internet
strategy amply justify a priority for such a strategy. The
Federal Government will act one way or another on many of the
key policy issues affecting broadband deployment. The
only question is whether it acts in accordance with a strategy, or
piecemeal.
(16) Adopting a national strategy for broadband deployment
is consistent with the strategies the United States has adopted
to speed deployment of other essential infrastructure,
including railroads, electric power, telephone service, and
radio and television. Each of those technologies has been the
focus of a national economic strategy. There is a consensus
that the Northwest Ordinance, Morrill Land-Grant Act, and GI
bill, and laws for transcontinental railroads, rural
electrification, and the interstate highway system, embodied
useful and successful strategies for the future of the United
States.
(17) In facilitating high speed broadband Internet
deployment, the United States should rely on markets and
entrepreneurs and minimize the intrusion of government.
Americans need to be creative and innovative when government
acts to make sure that it provides value added.
(18) In crafting a comprehensive strategy to advance
deployment of high speed broadband Internet, a broad range of
policy options should be addressed, and the Administration
needs to provide leadership in developing these options and
establishing a priority among them.
SEC. 3. NATIONAL STRATEGY FOR HIGH SPEED BROADBAND INTERNET DEPLOYMENT.
(a) Strategy for Increasing Structural Productivity and Employment
Growth.--Not later than six months after the date of the enactment of
this Act, the President shall submit to Congress a report setting forth
a strategy for the nation-wide deployment of high speed broadband
Internet telecommunications services.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A goal for the deployment of broadband
telecommunications services nationwide, including a goal
regarding the speeds necessary to facilitate applications
needed to stimulate structural productivity and employment
growth.
(2) A proposal for policies to foster and maintain
competition among firms offering broadband telecommunications
service, including competition to deploy high speed broadband
Internet of 10 Mbps-100 Mbps.
(3) A proposal for incentives to enhance demand for high
speed broadband Internet telecommunications service, including
demand for purposes of serving Federal mission areas such as
homeland security, distance learning, health, scientific
collaboration, and electronic commerce.
(4) A proposal for incentives to facilitate and enhance the
supply of high speed broadband Internet telecommunications
service.
(5) A proposal to enhance global electronic commerce.
(6) A proposal for the optimal allocation of Federal
Government resources on research and development regarding high
speed broadband Internet telecommunications service, including
recommendations for the allocation and prioritization of
Federal funds.
(7) A proposal for the optimal allocation of spectrum in
furtherance of the deployment of high speed broadband Internet
telecommunications service.
(8) An assessment of various limitations to the deployment
of high speed broadband Internet telecommunications service,
including matters relating to taxation, privacy, security,
spamming, content, intellectual property, and rights-of-way,
and proposals for eliminating or alleviating such limitations.
(9) An assessment of the impact of the proposals under this
subsection on structural productivity and employment growth in
the United States and on the international economic
competitiveness of the United States.
(10) Any other proposals or matters on the deployment of
high speed broadband Internet telecommunications services that
the President considers appropriate.
(c) Form.--The report under subsection (a) shall include a draft
proposal of any legislation required to implement the goal described in
paragraph (1) of subsection (b), and of any of the proposals set forth
under paragraphs (2) through (8) and (10) of that subsection (b). | National Broadband Strategy Act of 2002 - Requires the President to submit to Congress a strategy for the nationwide deployment of high speed broadband Internet telecommunications services. | {"src": "billsum_train", "title": "A bill to require a report to Congress on a national strategy for the deployment of high speed broadband Internet telecommunications services, and for other purposes."} | 1,734 | 38 | 0.415985 | 1.07452 | 0.537135 | 3.678571 | 61.964286 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Witness Assistance Act of
2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Witness and victim intimidation at the juvenile and
young adult level is a serious, growing concern for State and
local prosecutors and law enforcement agencies.
(2) Each year, thousands of young people witness violent
crimes such as assaults, robbery, homicide, domestic violence,
and sexual abuse.
(3) In many cases, the lack of juvenile and young adult
witness participation has seriously impeded efforts to bring
violent perpetrators to justice.
(4) Prosecutors and police officers have become
increasingly frustrated by their inability to prosecute cases
successfully when young witnesses refuse to testify because
they fear retaliation by the defendant, or the defendant's
family or friends.
(5) Factors that contribute to the reluctance of young
witnesses to step forward include--
(A) the fear and trauma associated with witnessing
a violent crime;
(B) a personal connection with the perpetrator or
their associates;
(C) geographic proximity to the perpetrator; and
(D) membership in a culturally vulnerable group.
(6) The cooperation and participation of young victims and
witnesses in the criminal justice process, from crime reporting
through prosecution, are essential to the successful operation
of the criminal justice system.
(7) Though most States have witness assistance programs,
very few, if any, have adequate resources to address the unique
needs associated with juvenile and young adult witnesses.
(b) Purpose.--The purpose of this Act is to encourage and promote
the creation and development of policies and programs by State and
local prosecutors and law enforcement authorities that provide
assistance to juvenile and young adult witnesses who cooperate with
efforts to bring violent criminals to justice.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Justice Assistance.
(2) Juvenile.--The term ``juvenile'' means an individual
who is 17 years of age or younger.
(3) Young adult.--The term ``young adult'' means an
individual who is between the ages of 18 and 21.
(4) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
SEC. 4. PROGRAM AUTHORIZATION.
The Director may make grants to State and local prosecutors and law
enforcement agencies in support of juvenile and young adult witness
assistance programs, including State and local prosecutors and law
enforcement agencies that have existing juvenile and adult witness
assistance programs.
SEC. 5. ELIGIBILITY.
To be eligible to receive a grant under this Act, State and local
prosecutors and law enforcement officials shall--
(1) submit an application to the Director in such form and
containing such information as the Director may reasonably
require; and
(2) give assurances that each applicant has developed, or
is in the process of developing, a witness assistance program
that specifically targets the unique needs of juvenile and
young adult witnesses and their families.
SEC. 6. USE OF FUNDS.
Grants made available under this Act may be used--
(1) to assess the needs of juvenile and young adult
witnesses;
(2) to develop appropriate program goals and objectives;
and
(3) to develop and administer a variety of witness
assistance services, which includes--
(A) counseling services to young witnesses dealing
with trauma associated in witnessing a violent crime;
(B) pre- and post-trial assistance for the youth
and their family;
(C) providing education services if the child is
removed from or changes their school for safety
concerns;
(D) protective services for young witnesses and
their families when a serious threat of harm from the
perpetrators or their associates is made; and
(E) community outreach and school-based initiatives
that stimulate and maintain public awareness and
support.
SEC. 7. REPORTS.
(a) Report.--State and local prosecutors and law enforcement
agencies that receive funds under this Act shall submit to the Director
a report not later than May 1st of each year in which grants are made
available under this Act. Reports shall describe progress achieved in
carrying out the purpose of this Act.
(b) Report to Congress.--The Director shall submit to Congress a
report by July 1st of each year which contains a detailed statement
regarding grant awards, activities of grant recipients, a compilation
of statistical information submitted by applicants, and an evaluation
of programs established under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$3,000,000 for each of fiscal years 2002, 2003, and 2004. | Young Witness Assistance Act of 2001 - Authorizes the Director of the Bureau of Justice Assistance to make grants to State and local prosecutors and law enforcement agencies in support of juvenile (17 years of age or younger) and young adult (between 18 and 21 years of age) witness assistance programs. Authorizes grant funds to be used, among other things, for: (1) counseling services to young witnesses of a violent crime; and (2) protective services for young witnesses and their families when a serious threat of harm is made from perpetrators or their associates. | {"src": "billsum_train", "title": "To provide grants to assist State and local prosecutors and law enforcement agencies with implementing juvenile and young adult witness assistance programs that minimize additional trauma to the witness and improve the chances of successful criminal prosecution or legal action."} | 1,060 | 115 | 0.556633 | 1.562464 | 0.577759 | 4.185185 | 9.37037 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building, Renovating, Improving, and
Constructing Kids' Schools Act''.
SEC. 2. FINDINGS.
Congress make the following findings:
(1) According to a 1999 issue brief prepared by the
National Center for Education Statistics, the average public
school in America is 42 years old, and school buildings begin
rapid deterioration after 40 years. In addition, 29 percent of
all public schools are in the oldest condition, meaning that
the schools were built before 1970 and have either never been
renovated or were renovated prior to 1980.
(2) According to reports issued by the General Accounting
Office (GAO) in 1995 and 1996, it would cost $112,000,000,000
to bring the Nation's schools into good overall condition, and
one-third of all public schools need extensive repair or
replacement.
(3) Many schools do not have the appropriate infrastructure
to support computers and other technologies that are necessary
to prepare students for the jobs of the 21st century.
(4) Without impeding on local control, the Federal
Government appropriately can assist State, regional, and local
entities in addressing school construction, renovation, and
repair needs by providing low-interest loans for purposes of
paying interest on related bonds and by supporting other State-
administered school construction programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Bond.--The term ``bond'' includes any obligation.
(2) Governor.--The term ``Governor'' includes the chief
executive officer of a State.
(3) Local educational agency.--The term ``local educational
agency'' has the meaning given to such term by section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(4) Public school facility.--The term ``public school
facility'' shall not include--
(A) any stadium or other facility primarily used
for athletic contests or exhibitions, or other events
for which admission is charged to the general public;
or
(B) any facility that is not owned by a State or
local government or any agency or instrumentality of a
State or local government.
(5) Qualified school construction bond.--The term
``qualified school construction bond'' means any bond (or
portion of a bond) issued as part of an issue if--
(A) 95 percent or more of the proceeds attributable
to such bond (or portion) are to be used for the
construction, rehabilitation, or repair of a public
school facility or for the acquisition of land on which
such a facility is to be constructed with part of the
proceeds;
(B) the bond is issued by a State, regional, or
local entity, with bonding authority; and
(C) the issuer designates such bond (or portion)
for purposes of this section.
(6) Stabilization fund.--The term ``stabilization fund''
means the stabilization fund established under section 5302 of
title 31, United States Code.
(7) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
SEC. 4. LOANS FOR SCHOOL CONSTRUCTION BOND INTEREST PAYMENTS AND OTHER
SUPPORT.
(a) Loan Authority and Other Support.--
(1) Loans and state-administered programs.--
(A) In general.--Except as provided in subparagraph
(B), from funds made available to a State under section
5(b) the State, in consultation with the State
educational agency--
(i) shall use not less than 50 percent of
the funds to make loans to State, regional, or
local entities within the State to enable the
entities to make annual interest payments on
qualified school construction bonds that are
issued by the entities not later than December
31, 2003; and
(ii) may use not more than 50 percent of
the funds to support State revolving fund
programs or other State-administered programs
that assist State, regional, and local entities
within the State in paying for the cost of
construction, rehabilitation, repair, or
acquisition described in section 3(5)(A).
(B) States with restrictions.--If, on the date of
enactment of this Act, a State has in effect a law that
prohibits the State from making the loans described in
subparagraph (A)(i), the State, in consultation with
the State educational agency, may use the funds
described in subparagraph (A) to support the programs
described in subparagraph (A)(ii).
(2) Requests.--The Governor of each State desiring
assistance under this Act shall submit a request to the
Secretary of the Treasury at such time and in such manner as
the Secretary of the Treasury may require.
(3) Priority.--In selecting entities to receive funds under
paragraph (1) for projects involving construction,
rehabilitation, repair, or acquisition of land for schools, the
State shall give priority to entities with projects for schools
with greatest need, as determined by the State. In determining
the schools with greatest need, the State shall take into
consideration whether a school--
(A) is among the schools that have the greatest
numbers or percentages of children whose education
imposes a higher than average cost per child, such as--
(i) children living in areas with high
concentrations of low-income families;
(ii) children from low-income families; and
(iii) children living in sparsely populated
areas;
(B) has inadequate school facilities and a low
level of resources to meet the need for school
facilities; or
(C) meets such criteria as the State may determine
to be appropriate.
(b) Repayment.--
(1) In general.--Subject to paragraph (2), a State that
uses funds made available under section 5(b) to make a loan or
support a State-administered program under subsection (a)(1)
shall repay to the stabilization fund the amount of the loan or
support, plus interest, at an annual rate of 4.5 percent. A
State shall not be required to begin making such repayment
until the year immediately following the 15th year for which
the State is eligible to receive annual distributions from the
fund (which shall be the final year for which the State shall
be eligible for such a distribution under this Act). The amount
of such loan or support shall be fully repaid during the 10-
year period beginning on the expiration of the eligibility of
the State under this Act.
(2) Exceptions.--
(A) In general.--The interest on the amount made
available to a State under section 5(b) shall not
accrue, prior to January 1, 2006, unless the amount
appropriated to carry out part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et
seq.) for any fiscal year prior to fiscal year 2006 is
sufficient to fully fund such part for the fiscal year
at the originally promised level, which promised level
would provide to each State 40 percent of the average
per-pupil expenditure for providing special education
and related services for each child with a disability
in the State.
(B) Applicable interest rate.--Effective January 1,
2006, the applicable interest rate that will apply to
an amount made available to a State under section 5(b)
shall be--
(i) 0 percent with respect to years in
which the amount appropriated to carry out part
B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.) is not
sufficient to provide to each State at least 20
percent of the average per-pupil expenditure
for providing special education and related
services for each child with a disability in
the State;
(ii) 2.5 percent with respect to years in
which the amount described in clause (i) is not
sufficient to provide to each State at least 30
percent of such average per-pupil expenditure;
(iii) 3.5 percent with respect to years in
which the amount described in clause (i) is not
sufficient to provide to each State at least 40
percent of such average per-pupil expenditure;
and
(iv) 4.5 percent with respect to years in
which the amount described in clause (i) is
sufficient to provide to each State at least 40
percent of such average per-pupil expenditure.
(c) Federal Responsibilities.--The Secretary of the Treasury and
the Secretary of Education--
(1) jointly shall be responsible for ensuring that funds
provided under this Act are properly distributed;
(2) shall ensure that funds provided under this Act only
are used to pay for--
(A) the interest on qualified school construction
bonds; or
(B) a cost described in section 4(a)(1)(A)(ii); and
(3) shall not have authority to approve or disapprove
school construction plans assisted pursuant to this Act, except
to ensure that funds made available under this Act are used
only to supplement, and not supplant, the amount of school
construction, rehabilitation, and repair, and acquisition of
land for school facilities, in the State that would have
occurred in the absence of such funds.
SEC. 5. AMOUNTS AVAILABLE TO EACH STATE.
(a) Reservation for Indians.--
(1) In general.--From $20,000,000,000 of the funds in the
stabilization fund, the Secretary of the Treasury shall make
available $400,000,000 to provide assistance to Indian tribes.
(2) Use of funds.--An Indian tribe that receive assistance
under paragraph (1)--
(A) shall use not less than 50 percent of the
assistance for a loan to enable the Indian tribe to
make annual interest payments on qualified school
construction bonds, in accordance with the requirements
of this Act that the Secretary of the Treasury
determines to be appropriate; and
(B) may use not more than 50 percent of the
assistance to support tribal revolving fund programs or
other tribal-administered programs that assist tribal
governments in paying for the cost of construction,
rehabilitation, repair, or acquisition described in
section 3(5)(A), in accordance with the requirements of
this Act that the Secretary of the Treasury determines
to be appropriate.
(b) Amounts Available.--
(1) In general.--Subject to paragraph (3) and from
$20,000,000,000 of the funds in the stabilization fund that are
not reserved under subsection (a), the Secretary of the
Treasury shall make available to each State submitting a
request under section 4(a)(2) an amount that bears the same
relation to such remainder as the amount the State received
under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) for fiscal year
2000 bears to the amount received by all States under such part
for such year.
(2) Disbursal.--The Secretary of the Treasury shall
disburse the amount made available to a State under paragraph
(1) or (3), on an annual basis, during the period beginning on
October 1, 2000, and ending September 30, 2017.
(3) Small state minimum.--
(A) Minimum.--No State shall receive an amount
under paragraph (1) that is less than $100,000,000.
(B) States.--In this paragraph, the term ``State''
means each of the several States of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico.
(c) Notification.--The Secretary of the Treasury and the Secretary
of Education jointly shall notify each State of the amount of funds the
State may receive for loans and other support under this Act. | Sets forth requirements for loan repayment and interest rate. Exempts a State entity or local government from such repayment and interest rate accrual prior to January 1, 2006, unless the amount appropriated to carry out assistance for education of all children with disabilities under the Individuals with Disabilities Education Act for any fiscal year before FY 2006 is sufficient to fully fund such assistance for the fiscal year at the originally promised level, which promised level would provide to each State 40 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State.
Directs the Secretary of the Treasury and the Secretary of Education to: (1) ensure that funds provided under this Act are properly distributed, and are used to pay the interest on qualified school construction bonds or costs of school construction, rehabilitation, repair, or related land acquisition; and (2) notify each State of the amount of funds it may receive for loans and other support under this Act. Provides that the Secretaries shall not have authority to approve or disapprove school construction plans assisted pursuant to this Act, except to ensure that funds made available under this Act are used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair, and related land acquisition in the State that would have occurred in the absence of such funds. | {"src": "billsum_train", "title": "Building, Renovating, Improving, and Constructing Kids' Schools Act"} | 2,536 | 276 | 0.428084 | 1.322021 | 0.67514 | 6.180769 | 9.223077 | 0.965385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Automobile Voucher Act of
2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) 1 out of every 10 jobs in the United States, or about
13,000,000, is related to automobiles.
(2) The automotive sector represents the largest
manufacturing base in the United States and each automobile
assembly plant generates about 5 jobs among suppliers and the
surrounding community.
(3) Automobile parts manufacturers account for 4,500,000
private industry jobs, including nearly 2,000,000 indirect jobs
in industries ranging from steel and plastics to technical
services.
(4) Automobile dealerships employ 1,100,000 workers and
account for 18 percent of all retail sales in the United
States.
(5) In 2005, 16,900,000 new automobiles were sold in the
United States, but in 2008, only 13,200,000 new automobiles
were sold.
(6) This loss of 3,700,000 new automobile sales, at an
average price of $28,400, directly removed $105,000,000,000
from the economy.
(7) Economic multiplier effects of between 3 and 7 percent
mean that this decline of new automobile sales translates into
a $315,000,000,000 to $735,000,000,000 loss to the economy of
the United States.
(8) Only 1,345,885 vehicles were sold in the United States
during January and February of 2009, representing a 39 percent
decrease from January and February of 2008.
(9) The best way to help the United States automobile
industry and manufacturing base recover is to set a goal of
selling 15,000,000 new automobiles in 2009 in order to restart
the United States economy.
SEC. 3. NEW AUTOMOBILE VOUCHER PROGRAM.
(a) Establishment.--There is established in the Department of the
Treasury a program to be known as the ``New Automobile Voucher
Program'', through which the Secretary shall--
(1) authorize the issuance of a voucher, subject to the
specifications described in subsection (b), to a dealer for
each person or eligible fleet operator who purchases an
eligible new automobile from such dealer, which voucher shall
be applied towards such purchase;
(2) allow any dealer to participate in the Program if the
dealer agrees to--
(A) apply a voucher towards the purchase of an
eligible new automobile as partial payment for each
eligible person or eligible fleet operator at the time
of purchase; and
(B) comply with all applicable requirements under
this Act and regulations promulgated by the Secretary
to carry out this Act;
(3) establish a Web-based electronic system to process the
vouchers at the point of sale;
(4) certify that the Program is operational; and
(5) make payments to dealers for vouchers applied by such
dealers under paragraph (2) in accordance with the provisions
of this section.
(b) Program Specifications.--
(1) Vouchers per person.--Not more than 1 voucher may be
issued for any person, unless such person is an eligible fleet
operator.
(2) Vouchers per eligible new automobile.--Not more than 1
voucher may be applied to each eligible new automobile.
(3) Offset.--A dealer--
(A) shall credit the amount of the voucher being
applied toward the purchase of an eligible new
automobile; and
(B) may not offset the amount of the voucher
against any other rebate or discount otherwise being
offered by the dealer or manufacturer.
(4) Combination with other incentives permitted.--
Notwithstanding any other provision of law, the availability or
use of a Federal or State tax incentive or a State-issued
voucher for the purchase of an eligible new automobile shall
not limit the value or issuance of a voucher under the Program
for any eligible person or eligible fleet operator.
(5) Voucher.--
(A) Paperless voucher.--Any voucher issued under
this section shall be issued electronically through a
Web-based electronic system.
(B) Value of voucher during the initial period.--A
voucher issued under the Program during the initial
period may be applied to offset the purchase price of
an eligible new automobile by $5,000.
(C) Value of voucher during the secondary period.--
A voucher issued under the Program during the secondary
period may be applied to offset the purchase price of
an eligible new automobile by $2,500.
(6) Prompt fulfillment of redemption requests required.--
The Secretary shall provide for the payment of all vouchers
submitted to the Secretary for redemption in accordance with
the provisions of this Act not later than 10 days after such
submission, or within such lesser period as the Secretary
determines to be practicable.
(c) Rulemaking.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
implement the Program, including the enforcement of the penalties
described in section 4.
(d) Disclaimer.--Nothing in this Act or any other provision of law
limits the authority of Congress or the Secretary to terminate or limit
the Program or the issuance of vouchers under the Program.
SEC. 4. PENALTIES.
(a) Violation.--It shall be unlawful for any person to commit any
fraudulent act in connection with a voucher issued under the Program.
(b) Penalties.--Any person who commits a violation described in
subsection (a) shall be liable to the United States Government for a
civil penalty of not more than $10,000 for each violation.
SEC. 5. REPORT.
The Secretary shall submit a report to the Congress every 6 months
that specifies, for the most recent 6-month period, the number of
vouchers that have been used under the Program.
SEC. 6. DEFINITIONS.
In this Act:
(1) Automobile.--The term ``automobile'' has the meaning
given such term in section 32901(a) of title 49, United States
Code.
(2) Dealer.--The term ``dealer'' means a person residing in
a State that is engaged in the sale of new automobiles as of
the date of introduction of this Act to the first person or
eligible fleet operator that is the ultimate purchaser.
(3) Eligible fleet operator.--The term ``eligible fleet
operator'' means the operator of a fleet of automobiles that is
owned by a partnership, corporation, association, or public or
private organization.
(4) Initial period.--The term ``initial period'' means the
first 6 months of the Program, beginning from the date the
Secretary certifies the Program is operational.
(5) New automobile.--The term ``new automobile'' means an
automobile for which a manufacturer, distributor, or dealer has
never transferred the equitable or legal title of such
automobile to an ultimate purchaser.
(6) Eligible new automobile.--The term ``eligible new
automobile'' means a new automobile whose purchase price is
less than $50,000.
(7) Person.--The term ``person'' has the meaning given such
term in section 551 of title 5, United States Code.
(8) Program.--The term ``Program'' means the New Automobile
Voucher Program established under section 3.
(9) Secondary period.--The term ``secondary period'' means
the time period beginning the day after the initial period has
expired and ending December 31, 2010.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(11) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin Islands.
(12) Ultimate purchaser.--The term ``ultimate purchaser''
means, with respect to a new automobile, the first person who
purchases such automobile for purposes other than resale.
(13) Voucher.--The term ``voucher'' means a voucher issued
to a person who is purchasing an eligible new automobile
pursuant to the provisions of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary
$75,000,000,000 to carry out this Act. Of the amount appropriated under
this Act, the Secretary shall obligate no more than $50,000,000 to
cover administrative costs for the Program. | New Automobile Voucher Act of 2009 - Establishes in the Department of the Treasury the New Automobile Voucher Program.
Directs the Secretary of the Treasury to: (1) authorize the issuance of a redeemable voucher to a dealer for each person or eligible fleet operator who purchases an eligible new automobile; (2) allow a dealer to participate in the program if it agrees to apply such voucher toward the purchase of an eligible new automobile and complies with all applicable requirements; (3) establish a Web-based system to process vouchers; and (4) make payments to dealers who apply vouchers for such purchases.
Defines "eligible new automobile" as a new automobile whose purchase price is less than $50,000.
Sets forth civil penalties for violations of this Act. | {"src": "billsum_train", "title": "To establish a new automobile voucher program."} | 1,765 | 167 | 0.558454 | 1.593624 | 0.796855 | 4.087838 | 11.135135 | 0.925676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Conflicts of Concern
Act''.
SEC. 2. IDENTIFICATION OF COUNTRIES OF CONFLICT CONCERN.
(a) Identification.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to Congress a report
that identifies each country the government of which or anti-government
forces in which the President believes, based on all information
available to the President, is allowing one or more foreign terrorist
organizations to engage in armed conflict that is occurring in such
country.
(b) Updates.--The President shall update the report required under
subsection (a)--
(1) as new information becomes available; and
(2) not less frequently than semi-annually.
(c) Form.--The report required under subsection (a) and the updates
required under subsection (b) shall be submitted in unclassified form,
but may contain a classified annex if necessary.
SEC. 3. DESIGNATION OF COUNTRIES OF CONFLICT CONCERN.
(a) Designation.--
(1) In general.--The President shall designate a country as
a ``Country of Conflict Concern'' if the President determines
that--
(A) the government of such country or anti-
government forces in the country is allowing one or
more foreign terrorist organizations to engage in armed
conflict that is occurring in such country as
identified in the report required under section 2(a) or
any update to the report required under section 2(b);
and
(B) it is in the national security interest of the
United States to restrict travel by any United States
national to such country and to restrict material
support provided by United States nationals to entities
that are engaged in armed conflict in such country.
(2) Initial designation.--Syria shall be deemed to have
been designated by the President under paragraph (1) as of the
date of the enactment of this Act and the President is not
required to notify Congress of such designation of Syria under
subsection (b).
(b) Report on Designation.--Upon designating a country as a Country
of Conflict Concern under subsection (a), the President shall submit to
Congress a report notifying Congress of the designation of the country.
(c) Licensing Requirement.--
(1) In general.--With respect to any country designated as
a Country of Conflict Concern under subsection (a), the
President shall exercise the authorities of the International
Emergency Economic Powers Act (50 U.S.C. 1705 et seq.) without
regard to section 202 of such Act to require a United States
national to obtain a license--
(A) to travel to such country; or
(B) to provide material support to entities that
are engaged in armed conflict in such country.
(2) Exception.--The requirement to obtain a license under
paragraph (1) shall not apply with respect to United States
national who is a full-time officer or employee of the United
States Government for purposes of carrying out official
business of the United States Government.
(d) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person who violates paragraph (1) or
(2) of subsection (c), or a regulation prescribed under this Act, to
the same extent that such penalties apply to a person that commits an
unlawful act described in section 206(a) of that Act (50 U.S.C.
1705(a)).
(e) Termination of Designation.--The designation of a country as a
Country of Conflict Concern under subsection (a) shall terminate on the
date on which the President submits to Congress a report that
contains--
(1) a determination and certification that subparagraph (A)
or (B) of subsection (a)(1) (as the case may be), or both, no
longer applies with respect to the country; and
(2) a justification for the determination and
certification.
SEC. 4. REGULATIONS.
The President is authorized to promulgate such regulations as may
be necessary to carry out the provisions of this Act, including the
promulgation of such regulations under the authority of section 205 of
the International Emergency Economic Powers Act (50 U.S.C. 1704).
SEC. 5. DEFINITIONS.
In this Act:
(1) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means any organization so designated
by the Secretary of State under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) United states national.--The term ``United States
national'' means--
(A) a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)); or
(B) an alien who is lawfully present in the United
States. | International Conflicts of Concern Act Directs the President to identify to Congress each country whose government is, and each country in which anti-government forces are, allowing one or more foreign terrorist organizations to engage in armed conflict occurring in that country. Directs the President to designate a country as a "country of conflict concern" if: (1) its government or anti-government forces in the country are allowing one or more foreign terrorist organizations to engage in armed conflict in it, and (2) it is in the U.S. national security to restrict travel by any U.S. national to the country and restrict material support by U.S. nationals of entities engaged in armed conflict in it. Terminates such a designation when the President certifies to Congress that either or both of these circumstances no longer apply. Deems Syria to be a country of conflict concern. Directs the President, with respect to a country of conflict concern, to require a U.S. national to obtain a license to: (1) travel to it, or (2) provide material support to entities engaged in armed conflict in it. Applies specified penalties to a person who violates such requirements. | {"src": "billsum_train", "title": "International Conflicts of Concern Act"} | 1,115 | 257 | 0.681295 | 2.044516 | 0.832827 | 2.798165 | 4.513761 | 0.899083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arm All Pilots Act of 2015''.
SEC. 2. FACILITATION OF AND LIMITATIONS ON TRAINING OF FEDERAL FLIGHT
DECK OFFICERS.
(a) Improved Access to Training Facilities.--Section
44921(c)(2)(C)(ii) of title 49, United States Code, is amended--
(1) by striking ``The training of'' and inserting the
following:
``(I) In general.--The training
of''; and
(2) by adding at the end the following:
``(II) Access to training
facilities.--Not later than 180 days
after the date of the enactment of the
Arm All Pilots Act of 2015, the
Secretary shall--
``(aa) designate 5
additional firearms training
facilities located in various
regions of the United States
for Federal flight deck
officers relative to the number
of such facilities available on
the day before such date of
enactment;
``(bb) designate firearms
training facilities approved
before such date of enactment
for recurrent training of
Federal flight deck officers as
facilities approved for initial
training and certification of
pilots seeking to be deputized
as Federal flight deck
officers; and
``(cc) designate additional
firearms training facilities
for recurrent training of
Federal flight deck officers
relative to the number of such
facilities available on the day
before such date of
enactment.''.
(b) Firearms Requalification for Federal Flight Deck Officers.--
Section 44921(c)(2)(C)(iii) of such title is amended--
(1) by striking ``The Under Secretary shall'' and inserting
the following:
``(I) In general.--The Secretary
shall'';
(2) in subclause (I), as designated by paragraph (1), by
striking ``the Under Secretary'' and inserting ``the Secretary,
but not more frequently than once every 6 months,''; and
(3) by adding at the end the following:
``(II) Use of facilities for
requalification.--The Secretary shall
allow a Federal flight deck officer to
requalify to carry a firearm under the
program through training at a private
or government-owned gun range certified
to provide firearm requalification
training.
``(III) Self-reporting.--The
Secretary shall determine that a
Federal flight deck officer has met the
requirements to requalify to carry a
firearm under the program if--
``(aa) the officer reports
to the Secretary that the
officer has participated in a
sufficient number of hours of
training to requalify to carry
a firearm under the program;
and
``(bb) the administrator of
the facility at which the
officer conducted the
requalification training
verifies that the officer
participated in that number of
hours of training.''.
(c) Limitations on Training.--Section 44921(c)(2) of such title is
amended by adding at the end the following:
``(D) Limitations on training.--
``(i) Initial training.--The Secretary may
require--
``(I) initial training of not more
than 5 days for a pilot to be deputized
as a Federal flight deck officer;
``(II) the pilot to be physically
present at the training facility for
not more than 2 days of such training;
and
``(III) not more than 3 days of
such training to be in the form of
certified online training administered
by the Department of Homeland Security.
``(ii) Recurrent training.--The Secretary
may require--
``(I) recurrent training of not
more than 2 days, not more frequently
than once every 5 years, for a pilot to
maintain deputization as a Federal
flight deck officer;
``(II) the pilot to be physically
present at the training facility for a
full-day training session for not more
than one day of such training; and
``(III) not more than one day of
such training to be in the form of
certified online training administered
by the Department of Homeland
Security.''.
(d) Other Measures To Facilitate Training.--Section 44921(e) of
such title is amended--
(1) by striking ``Pilots participating'' and inserting the
following:
``(1) In general.--Pilots participating''; and
(2) by adding at the end the following:
``(2) Facilitation of training.--
``(A) Time off for training.--An air carrier shall
permit a Federal flight deck officer or a pilot seeking
to be deputized as a Federal flight deck officer to
take a reasonable amount of leave from work to
participate in initial and recurrent training for the
program. An air carrier shall not be obligated to
provide such an officer or pilot compensation for such
leave.
``(B) Practice ammunition.--At the request of a
Federal flight deck officer, the Secretary shall
provide to the officer sufficient practice ammunition
to conduct at least one practice course every month.''.
SEC. 3. CARRIAGE OF FIREARMS BY FEDERAL FLIGHT DECK OFFICERS.
(a) General Authority.--Section 44921(f) of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(2) by striking paragraph (1) and inserting the following:
``(1) In general.--The Secretary shall authorize a Federal
flight deck officer to carry a firearm while engaged in
providing air transportation or intrastate air transportation.
The authority provided to a Federal flight deck officer under
this paragraph includes the authority to carry a firearm--
``(A) on the officer's body, loaded, and holstered;
``(B) when traveling to a flight duty assignment,
throughout the duty assignment, and when traveling from
a flight duty assignment to the officer's home or place
where the officer is residing when traveling; and
``(C) in the passenger cabin and while traveling in
a cockpit jump seat.
``(2) Concealed carry.--A Federal flight deck officer shall
make reasonable efforts to keep the officer's firearm concealed
when in public.
``(3) Purchase of firearm by officer.--Notwithstanding
subsection (c)(1), a Federal flight deck officer may purchase a
firearm and carry that firearm aboard an aircraft of which the
officer is the pilot in accordance with this section if the
firearm is of a type that may be used under the program.''.
(b) Carriage of Firearms on International Flights.--Paragraph (5)
of section 44921(f) of such title, as redesignated by subsection
(a)(1), is amended to read as follows:
``(5) Carrying firearms outside united states.--
``(A) In general.--In consultation with the
Secretary of State, the Secretary--
``(i) may take such action as may be
necessary to ensure that a Federal flight deck
officer may carry a firearm in a foreign
country whenever necessary to participate in
the program; and
``(ii) shall take such actions as are
within the authority of the Secretary to ensure
that a Federal flight deck officer may carry a
firearm while engaged in providing foreign air
transportation.
``(B) Consistency with federal air marshal
program.--The Secretary shall work to make policies
relating to the carriage of firearms on flights in
foreign air transportation by Federal flight deck
officers consistent with the policies of the Federal
air marshal program for carrying firearms on such
flights.''.
(c) Carriage of Firearm in Passenger Cabin.--
(1) Rule of construction.--Section 44921 of title 49,
United States Code, is amended by adding at the end the
following:
``(l) Rule of Construction.--Nothing in this section shall be
construed to require a Federal flight deck officer to place a firearm
in a locked container, or in any other manner render the firearm
unavailable, when the cockpit door is opened.''.
(2) Conforming repeal.--Section 44921(b)(3) of title 49,
United States Code, is amended--
(A) by striking subparagraph (G); and
(B) by redesignating subparagraphs (H) through (N)
as subparagraphs (G) through (M), respectively.
(d) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall--
(1) prescribe regulations on the proper storage of firearms
when a Federal flight deck officer is at home or where the
officer is residing when traveling; and
(2) revise the procedural requirements established under
section 44921(b)(1) of title 49, United States Code, to
implement the amendments made by subsection (c).
SEC. 4. PHYSICAL STANDARDS FOR FEDERAL FLIGHT DECK OFFICERS.
Section 44921(d)(2) of title 49, United States Code, is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively, and by moving such
clauses, as so redesignated, 2 ems to the right;
(2) by striking ``A pilot is'' and inserting the following:
``(A) In general.--A pilot is''; and
(3) by adding at the end the following:
``(B) Consistency with requirements for certain
medical certificates.--In establishing standards under
subparagraph (A)(ii), the Secretary may not establish
medical or physical standards for a pilot to become a
Federal flight deck officer that are inconsistent with
or more stringent than the requirements of the Federal
Aviation Administration for the issuance of a first- or
second-class airman medical certificate under part 67
of title 14, Code of Federal Regulations (or any
corresponding similar regulation or ruling).''.
SEC. 5. TRANSFER OF FEDERAL FLIGHT DECK OFFICERS FROM INACTIVE TO
ACTIVE STATUS.
Section 44921(d) of such title is amended by adding at the end the
following:
``(5) Transfer from inactive to active status.--A pilot
deputized as a Federal flight deck officer who moves to
inactive status may return to active status after completing
one program of recurrent training described in subsection
(c).''.
SEC. 6. FACILITATION OF SECURITY SCREENING OF FEDERAL FLIGHT DECK
OFFICERS.
Section 44921 of title 49, United States Code, as amended by
section 3(c)(1), is further amended by adding at the end the following:
``(m) Facilitation of Security Screening of Federal Flight Deck
Officers.--
``(1) Eligibility for expedited screening.--The Secretary
shall allow a Federal flight deck officer to be screened
through the crew member identity verification program of the
Transportation Security Administration (commonly known as the
`Known Crew Member program') when entering the sterile area of
an airport.
``(2) Prohibition on paperwork.--The Secretary may not
require a Federal flight deck officer to fill out any forms or
paperwork when entering the sterile area of an airport.
``(3) Sterile area defined.--In this subsection, the term
`sterile area' has the meaning given that term in section
1540.5 of title 49, Code of Federal Regulations (or any
corresponding similar regulation or ruling).''.
SEC. 7. TECHNICAL CORRECTIONS.
Section 44921 of title 49, United States Code, as amended by this
Act, is further amended--
(1) in subsection (a), by striking ``Under Secretary of
Transportation for Security'' and inserting ``Secretary of
Homeland Security'';
(2) in subsection (d)(4), by striking ``may,'' and
inserting ``may'';
(3) in subsection (i)(2), by striking ``the Under Secretary
may'' and inserting ``may'';
(4) in subsection (k)--
(A) by striking paragraphs (2) and (3); and
(B) by striking ``Applicability'' and all that
follows through ``This section'' and inserting
``Applicability.--This section'';
(5) by adding at the end the following:
``(n) Definitions.--In this section:
``(1) Pilot.--The term `pilot' means an individual who has
final authority and responsibility for the operation and safety
of the flight or any other flight deck crew member.
``(2) All-cargo air transportation.--The term `air
transportation' includes all-cargo air transportation.''; and
(6) by striking ``Under Secretary'' each place it appears
and inserting ``Secretary''.
SEC. 8. REFUNDS OF CERTAIN SECURITY SERVICE FEES FOR AIR CARRIERS WITH
FEDERAL FLIGHT DECK OFFICERS ON ALL FLIGHTS.
Section 44940 of title 49, United States Code, is amended by adding
at the end the following:
``(j) Refund of Fees for Air Carriers With Federal Flight Deck
Officers on All Flights.--From fees received in a fiscal year under
subsection (a)(1), each air carrier that certifies to the Secretary of
Homeland Security that all flights operated by the air carrier have on
board a pilot deputized as a Federal flight deck officer under section
44921 shall receive an amount equal to 10 percent of the fees collected
under subsection (a)(1) from passengers on flights operated by that air
carrier in that fiscal year.''.
SEC. 9. TREATMENT OF INFORMATION ABOUT FEDERAL FLIGHT DECK OFFICERS AS
SENSITIVE SECURITY INFORMATION.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall revise section
15.5(b)(11) of title 49, Code of Federal Regulations, to classify
information about pilots deputized as Federal flight deck officers
under section 44921 of title 49, United States Code, as sensitive
security information in a manner consistent with the classification of
information about Federal air marshals.
SEC. 10. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall prescribe such
regulations as may be necessary to carry out this Act and the
amendments made by this Act. | Arm All Pilots Act of 2015 This bill revises requirements for the federal flight deck officer program. The Department of Homeland Security (DHS) shall designate additional training facilities for: firearms training and recurrent training for federal flight deck officers, and initial firearm training and certification of pilots seeking to be deputized as federal flight deck officers. DHS (formerly, the Under Secretary of Transportation for Security of the Department of Transportation) shall: require officers, but no less than once every six months, to requalify to carry firearms on domestic flights; and permit officers to requalify at certified private or government-owned gun ranges. DHS may require certain limitations on initial and recurrent training for such officers. The bill revises the authority of federal flight deck officers to carry firearms on domestic and foreign flights. DHS may not establish medical or physical standards for a pilot to become a federal flight deck officer inconsistent with or more stringent than Federal Aviation Administration requirements for issuance of a first- or second-class airman medical certificate. A pilot deputized as a federal flight deck officer may move from inactive to active status after completing one recurrent training program. DHS shall allow officers to be screened through the Transportation Security Administration's Known Crew Member program when entering an airport sterile area. Each air carrier certifying to DHS that it has a pilot deputized as a federal flight deck officer on all its flights shall receive a refund of up to 10% of security service fees collected from passengers on flights operated by that air carrier. DHS shall revise certain federal regulations to classify information about deputized pilots as sensitive security information. | {"src": "billsum_train", "title": "Arm All Pilots Act of 2015"} | 3,271 | 363 | 0.634218 | 1.936067 | 0.730676 | 3.276873 | 9.400651 | 0.905537 |
SECTION 1. SHORT TITLE.
This act may be cited as the ``American Travel Industry
Stabilization Act''.
SEC. 2. TRAVEL INDUSTRY DISASTER RELIEF.
(a) In General.--Notwithstanding any other provision of law, the
President shall take the actions described in subsection (b) to
compensate eligible travel-related businesses.
(b) Actions Described.--
(1) In general.--Subject to such terms and conditions as
the President deems necessary, and upon application, the
President is authorized to issue Federal credit instruments to
eligible travel-related businesses described in subsection (c)
that do not, in the aggregate, exceed $5,000,000,000 and
provide the subsidy amounts necessary for such instruments in
accordance with the provisions of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.).
(2) Time for application.--An application for a Federal
credit instrument shall be filed by an eligible travel-related
business not later then 60 days after the promulgation of
regulations.
(3) Terms of credit instruments.--A loan guaranteed under
this Act may be used exclusively for the purpose of meeting
obligations and expenses to the extent that an applicant
demonstrates--
(A) business operations were directly and adversely
affected by the events of September 11, 2001;
(B) the loan guarantee is necessary to meet such
obligations;
(C) the inability of the applicant to meet such
obligations or expenses is directly attributable to the
impact of September 11, 2001; and
(D) the applicant has the ability to repay the
loan.
(c) Definitions.--In this Act:
(1) Eligible travel-related business.--The term ``eligible
travel-related business'' means a business that was injured by
the Government shutdown of the airline industry following the
terrorist attacks on the United States that occurred on
September 11, 2001, and that on such date--
(A) had a contractual arrangement with an air
carrier to provide goods or services, including those
with a contractual relationship with the Airline
Reporting Corporation; or
(B) was a non-aeronautical for-profit business
operating at an airport engaged in the sale of consumer
goods or services to the public under an arrangement
with the airport or the airport's governing body.
(2) Federal credit instrument.--The term ``Federal credit
instrument'' means any guarantee or other pledge by the Board
issued under section 2(b) to pledge the full faith and credit
of the United States to pay all or part of any of the principal
of and interest on a loan or other debt obligation issued by an
obligor and funded by a lender.
(d) Emergency Designation.--Congress designates the amount of new
budget authority and outlays in all fiscal years resulting from this
Act as an emergency requirement pursuant to section 252(e) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(e)). Such amount shall be available only to the extent that a
request, that includes designation of such amount as an emergency
requirement as defined in such Act, is transmitted by the President to
Congress.
SEC. 3. ADDITIONAL FUNCTIONS FOR THE AIRLINE STABILIZATION BOARD.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Air Transportation
Stabilization Board established under Public Law 107-42.
(2) Financial obligation.--The term ``financial
obligation'' means any note, bond, debenture, or other debt
obligation issued by an obligor in connection with financing
under this section and section 2(b).
(3) Lender.--The term ``lender'' means any non-Federal
qualified institutional buyer (as defined by section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulatory) known as Rule 144A(a) of the Securities
and Exchange Commission and issued under the Securities Act of
1933), including--
(A) a qualified retirement plan (as defined in
section 4974(c) of the Internal Revenue Code of 1986
(26 U.S.C. 4974(c))) that is a qualified institutional
buyer; and
(B) a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986 (26 U.S.C.
414(d))) that is a qualified institutional buyer.
(4) Obligor.--The term ``obligor'' means a party primarily
liable for payment of the principal of, or interest on, a
Federal credit instrument, which party may be a corporation,
partnership, joint venture, trust, or governmental entity,
agency, or instrumentality.
(b) Additional Functions To Stabilize the Travel Industry.--The
Board shall review and make recommendations to the President with
respect to applications for Federal credit instruments submitted under
section 2(b).
(c) Federal Credit Instruments.--
(1) In general.--The Board may enter into agreements with 1
or more obligors to issue Federal credit instruments under
section 2(b) if the Board determines, in its discretion, that--
(A) the obligor is an entity in a travel-related
business for which credit is not reasonably available
at the time of the transaction;
(B) the intended obligation by the obligor is
prudently incurred; and
(C) such agreement is a necessary part of
maintaining a safe, efficient, and viable travel
industry in the United States.
(2) Terms and limitations.--
(A) Forms, terms, and conditions.--A Federal credit
instrument shall be issued under section 2(b) in such
form and such terms and conditions and contain such
covenants, representatives, warranties, and
requirements (including requirements for audits) as the
Board determines appropriate, provided that--
(i) a loan shall be repaid over a period
not to exceed 5 years from the date that the
loan is guaranteed under this Act;
(ii) the government guarantee shall cover
not less than 80 percent of the value of the
loan;
(iii) loan guarantees under this Act shall
be extended based upon the ability of the
eligible travel-related business to repay the
loan without regard to collateral;
(iv) any loan origination fee may not
exceed one percent of the loan value.
(B) Procedures.--Not later than 14 days after the
date of enactment of this Act, the Director of the
Office of Management and Budget, in consultation with
the Board, shall issue regulations setting forth
procedures for application and minimum requirements.
(d) Financial Protection of Government.--
(1) In general.--To the extent feasible and practicable, as
provided in paragraphs (2) and (3), the Board shall ensure that
the Government is compensated for the risk assumed in making
guarantees under this Act.
(2) Government participation in gains.--To the extent to
which any participating corporation accepts financial
assistance, in the form of accepting the proceeds of any loans
guaranteed by the Government under this Act, the Board is
authorized to enter into contracts under which the Government,
contingent on the financial success of the participating
corporation, would participate in the gains of the
participating corporation or its security holders through the
use of such instruments as warrants, stock options, common or
preferred stock, or other appropriate equity instruments.
(3) Deposit in treasury.--All amounts collected by the
Secretary of the Treasury under this subsection shall be
deposited in the Treasury as miscellaneous receipts.
(e) Authorization of Funds.--Congress authorizes and hereby
appropriates such sums as are necessary to carry out the purposes of
this Act. | American Travel Industry Stabilization Act - Directs the President to issue Federal credit instruments, amounting in the aggregate up to $5 billion, to compensate eligible travel-related businesses that were injured by the Government shutdown of the airline industry following the terrorist attacks on the United States that occurred on September 11, 2001.Requires the Air Transportation Stabilization Board to review and make recommendations to the President with respect to applications for such instruments. Sets forth certain Board and instrument requirements. | {"src": "billsum_train", "title": "A bill to preserve the continued viability of the United States travel industry."} | 1,692 | 99 | 0.606757 | 1.749705 | 0.736431 | 4.298851 | 17.425287 | 0.91954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Guaranteed Bonus Act of
2007''.
SEC. 2. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR BENEFITS FOR
MEMBERS OF THE UNIFORMED SERVICES WHO DIE, ARE SEPARATED
OR RETIRED FOR DISABILITY, OR MEET OTHER CRITERIA.
(a) Discretion to Provide Exception to Termination and Repayment
Requirements Under Certain Circumstances.--Section 303a(e) of title 37,
United States Code, is amended--
(1) in the subsection heading, by inserting ``; Termination
of Entitlement to Unpaid Amounts'' after ``Met'';
(2) in paragraph (1)--
(A) by striking ``A member'' and inserting ``(A)
Except as provided in paragraph (2), a member''; and
(B) by striking ``the requirements, except in
certain circumstances authorized by the Secretary
concerned.'' and inserting ``the eligibility
requirements and may not receive any unpaid amounts of
the bonus or similar benefit after the member fails to
satisfy the requirements, unless the Secretary
concerned determines that the imposition of the
repayment requirement and termination of the payment of
unpaid amounts of the bonus or similar benefit with
regard to the member would be contrary to a personnel
policy or management objective, would be against equity
and good conscience, or would be contrary to the best
interests of the United States.''; and
(3) by redesignating paragraph (2) as subparagraph (B) of
paragraph (1).
(b) Mandatory Payment of Unpaid Amounts Under Certain
Circumstances; No Repayment of Unearned Amounts.--Section 303a(e) of
title 37, United States Code, is amended by inserting after paragraph
(1), as amended by subsection (a), the following new paragraph (2):
``(2)(A) If a member of the uniformed services dies (other than as
a result the member's misconduct) or is retired or separated for
disability under chapter 61 of title 10, the Secretary concerned--
``(i) shall not require repayment by the member or the
member's estate of the unearned portion of any bonus or similar
benefit previously paid to the member; and
``(ii) shall require the payment to the member or the
member's estate of the remainder of any bonus or similar
benefit that was not yet paid to the member, but to which the
member was entitled immediately before the death, retirement,
or separation of the member, and would be paid if not for the
death, retirement, or separation of the member.
``(B) The amount to be paid under subparagraph (A)(ii) shall be
equal to the full amount specified by the agreement or contract
applicable to the bonus or similar benefit as if the member continued
to be entitled to the bonus or similar benefit following the death,
retirement, or separation.
``(C) Amounts to be paid to a member or the member's estate under
subparagraph (A)(ii) shall be paid in a lump sum not later than 90 days
after the date of the death, retirement, or separation of the member,
whichever applies.''.
(c) Conforming Amendments Reflecting Consolidated Special Pay and
Bonus Authorities.--
(1) Conforming amendments.--Section 373 of title 37, United
States Code, as added by section 661 of the National Defense
Authorization Act for Fiscal Year 2008, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by inserting
``and Termination'' after ``Repayment''; and
(ii) by inserting before the period at the
end the following: ``, and the member may not
receive any unpaid amounts of the bonus,
incentive pay, or similar benefit after the
member fails to satisfy such service or
eligibility requirement''; and
(B) by striking subsection (b) and inserting the
following new subsection:
``(b) Exceptions.--
``(1) Discretion to provide exception to termination and
repayment requirements.--Pursuant to the regulations prescribed
to administer this section, the Secretary concerned may grant
an exception to the repayment requirement and requirement to
terminate the payment of unpaid amounts of a bonus, incentive
pay, or similar benefit if the Secretary concerned determines
that the imposition of the repayment and termination
requirements with regard to a member of the uniformed services
would be contrary to a personnel policy or management
objective, would be against equity and good conscience, or
would be contrary to the best interests of the United States.
``(2) Mandatory payment of unpaid amounts under certain
circumstances; no repayment of unearned amounts.--(A) If a
member of the uniformed services dies (other than as a result
the member's misconduct) or is retired or separated for
disability under chapter 61 of title 10, the Secretary
concerned--
``(i) shall not require repayment by the member or
the member's estate of the unearned portion of any
bonus, incentive pay, or similar benefit previously
paid to the member; and
``(ii) shall require the payment to the member or
the member's estate of the remainder of any bonus,
incentive pay, or similar benefit that was not yet paid
to the member, but to which the member was entitled
immediately before the death, retirement, or separation
of the member, and would be paid if not for the death,
retirement, or separation of the member.
``(B) The amount to be paid under subparagraph (A)(ii)
shall be equal to the full amount specified by the agreement or
contract applicable to the bonus, incentive pay, or similar
benefit as if the member continued to be entitled to the bonus,
incentive pay, or similar benefit following the death,
retirement, or separation.
``(C) Amounts to be paid to a member or the member's estate
under subparagraph (A)(ii) shall be paid in a lump sum not
later than 90 days after the date of the death, retirement, or
separation of the member, whichever applies.''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section
is amended to read as follows:
``Sec. 373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit, and termination of remaining payments,
when conditions of payment not met''.
(B) Table of contents.--The table of sections at
the beginning of chapter 5 of title 37, United States
Code, is amended by striking the item relating to
section 373 and inserting the following new item:
``373. Repayment of unearned portion of bonus, incentive pay, or
similar benefit, and termination of
remaining payments, when conditions of
payment not met.''.
(d) Condition on Implementation.--The implementation by the
Secretary of Defense and the Secretary concerned (as defined in section
101 of title 37, United States Code) of sections 303a(e) and 373 of
such title, as amended by this section, during fiscal year 2008 shall
be subject to the availability of funds for this purpose included in an
appropriations Act enacted on or after the date of the enactment of
this Act.
Passed the House of Representatives December 18, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Veterans Guaranteed Bonus Act of 2007 - Veterans Guaranteed Bonus Act of 2007 - Requires a member of the Armed Forces who receives a bonus or similar benefit subject to the condition that the member continue to satisfy certain eligibility requirements to repay the unearned portion of the bonus or similar benefit if the member fails to satisfy the eligibility requirements and prohibits receiving any unpaid amounts, unless the Secretary concerned determines that the imposition of the repayment requirement and termination of the payment of unpaid amounts of the bonus or similar benefit would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.
Provides that if a member dies (other than as a result of their own misconduct) or is separated or retired due to a combat-related injury, then the Secretary concerned shall: (1) not require repayment by the member or member's estate of the unearned portion of any bonus or special pay previously paid to the member; and (2) require the payment to the member or member's estate of the remainder of any bonus or special pay not yet paid, but to which the member was entitled to immediately before their death, retirement, or separation. Requires the latter payment to made in a lump sum within 90 days after such death, retirement, or separation.
Provides the same discretionary authority and requirements as above for the Secretary concerned with respect to repayment by a member of the unearned portion of any military bonus, special pay, or similar benefit when the member fails to satisfy any service or eligibility requirement. | {"src": "billsum_train", "title": "To amend title 37, United States Code, to require the continued payment to a member of the uniformed services who dies or is retired or separated under chapter 61 of title 10, United States Code, bonuses and similar benefits that the member was entitled to before the death, retirement, or separation of the member and would be paid if the member had not died, retired, or separated, to prohibit requiring the member to repay any portion of the bonuses or similar benefits previously paid, and for other purposes."} | 1,643 | 340 | 0.735612 | 2.392751 | 0.969359 | 4.885993 | 4.876221 | 0.899023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puget Sound Recovery Act of 2009''.
SEC. 2. PUGET SOUND.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 123. PUGET SOUND.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Comprehensive plan.--The term `comprehensive plan'
means the Puget Sound Action Agenda (the comprehensive
conservation and management plan for Puget Sound under section
320), including any amendments thereto.
``(2) Council.--The term `Council' means the Puget Sound
Program Advisory Council established under subsection (d).
``(3) Director.--The term `Director' means the Director of
the Office.
``(4) Office.--The term `Office' means the Puget Sound
Program Office established by subsection (b).
``(5) Puget sound partnership.--The term `Puget Sound
Partnership' means the agency of the State of Washington
(together with its associated councils, boards, and panels)
that was formed under authority of State law for the purpose of
protecting and restoring Puget Sound and is designated as the
management conference for Puget Sound under section 320.
``(b) Program Office.--
``(1) Establishment.--The Administrator shall establish in
the Environmental Protection Agency a Puget Sound Program
Office. The Office shall be co-located with the Puget Sound
Partnership in the State of Washington.
``(2) Appointment of director.--The Administrator shall
appoint a Director of the Office, who, by reason of management
experience and technical expertise relating to Puget Sound,
shall be highly qualified to support the development and
implementation of projects, programs, and studies necessary to
implement the comprehensive plan.
``(3) Delegation of authority; staffing.--The Administrator
shall delegate to the Director such authority and provide such
additional staff as may be necessary to carry out this section.
``(c) Duties.--
``(1) In general.--In carrying out this section, the
Administrator, acting through the Director, shall--
``(A) assist and support the implementation of the
comprehensive plan;
``(B) provide funding and make grants for
implementation of the comprehensive plan and projects,
programs, and studies consistent with the priorities of
the comprehensive plan;
``(C) promote innovative methodologies and
technologies that are cost-effective and consistent
with the identified goals and objectives of the
comprehensive plan and Environmental Protection Agency
permitting processes;
``(D) coordinate the major functions of the Federal
Government related to the implementation of the
comprehensive plan, including projects, programs, and
studies for--
``(i) water quality improvements;
``(ii) wetland, riverine, and estuary
restoration and protection; and
``(iii) nearshore and endangered species
recovery;
``(E) coordinate the research and planning projects
authorized under this section with Federal agencies,
State agencies, tribes, universities, and the Puget
Sound Partnership's Science Panel, including conducting
or commissioning studies considered necessary by the
Science Panel for strengthened implementation of the
comprehensive plan;
``(F) track progress towards meeting the identified
goals and objectives of the comprehensive plan by--
``(i) implementing and supporting a
project, program, and study monitoring system
consistent with the performance management
system used by the Puget Sound Partnership; and
``(ii) coordinating, managing, and
reporting environmental data related to Puget
Sound in a manner consistent with methodologies
utilized by the Puget Sound Partnership,
including, to the extent practicable, making
such data and reports on such data available to
the public, including on the Internet, in a
timely fashion;
``(G) coordinate projects, programs, and studies
for the protection of Puget Sound, the Strait of
Georgia, and the Strait of Juan de Fuca with Canadian
authorities; and
``(H) collect and make available to the public,
including on the Internet, publications and other forms
of information relating to the environmental quality of
Puget Sound.
``(2) Implementation methods.--The Administrator, acting
through the Director, may enter into interagency agreements,
make intergovernmental personnel appointments, provide funding,
make grants, and utilize other available methods in carrying
out the duties under this subsection.
``(d) Puget Sound Program Advisory Council.--
``(1) In general.--The Administrator shall establish a
Puget Sound Program Advisory Council to provide advice to the
Administrator on the implementation of the identified goals and
objectives of the comprehensive plan.
``(2) Composition.--The Council shall consist of the
following 2 boards:
``(A) A Federal agency board consisting of
representatives of appropriate Federal agencies that
may affect or implement projects or programs identified
in the comprehensive plan and the Executive Director of
the Puget Sound Partnership. The chairperson of the
Federal agency board shall be the Director.
``(B) An intergovernmental board consisting of the
members of the Leadership Council and the Ecosystem
Coordination Board of the Puget Sound Partnership.
``(3) Meetings.--The Council shall meet at least twice per
year--
``(A) to assess the progress of the Office in
meeting the identified goals and objectives of the
comprehensive plan;
``(B) to identify improvements for meeting the
identified goals and objectives of the comprehensive
plan; and
``(C) to assess Federal agency budget needs to
implement the comprehensive plan.
``(4) Compensation of members.--A member of the Council
shall serve without compensation.
``(5) Travel expenses.--Subject to the availability of
appropriations, the Administrator shall reimburse a member of
the Council for travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of a Federal
agency under subchapter I of chapter 57 of title 5, United
States Code, while away from home or the regular place of
business of the member in performance of services for the
Council.
``(e) Report.--Not later than one year after the date of enactment
of this section, and biennially thereafter, the Administrator and the
Executive Director of the Puget Sound Partnership, acting jointly,
shall submit to Congress a report that--
``(1) summarizes the progress made in implementing the
comprehensive plan and progress towards achieving the
identified goals and objectives described in the comprehensive
plan;
``(2) summarizes any modifications to the comprehensive
plan made in the period immediately preceding such report;
``(3) incorporates specific recommendations concerning the
implementation of the comprehensive plan; and
``(4) summarizes the roles and progress of each Federal
agency that has jurisdiction in the Puget Sound watershed
towards meeting the identified goals and objectives of the
comprehensive plan.
``(f) Implementation of Comprehensive Plan.--
``(1) In general.--The Administrator, acting through the
Director and in consultation with the Puget Sound Partnership,
shall carry out projects, programs, and studies to implement
the comprehensive plan.
``(2) Priority projects, programs, and studies.--The
Administrator shall give special emphasis to projects,
programs, and studies that are identified as priorities by the
Puget Sound Partnership in the comprehensive plan.
``(3) Grants.--
``(A) In general.--The Administrator, acting
through the Director, is authorized to make grants for
projects, programs, and studies to implement the
comprehensive plan.
``(B) Allocations.--In making grants under this
paragraph, the Administrator shall use--
``(i) 50 percent of the funds appropriated
for making grants under this paragraph for a
fiscal year to make a comprehensive grant to
the Puget Sound Partnership to manage
implementation of the comprehensive plan and
for allocation by the Puget Sound Partnership
to projects, programs, and studies prioritized
in the comprehensive plan; and
``(ii) 50 percent of funds appropriated for
making grants under this paragraph for a fiscal
year to make grants to State and regional water
pollution control agencies and entities,
federally recognized Indian tribes, State
coastal zone management agencies, local
governments, and other public or nonprofit
private agencies, institutions, or
organizations to implement specific projects,
programs, and studies identified in the
comprehensive plan.
``(4) Federal share.--
``(A) In general.--The Federal share of the cost of
a project, program, or study carried out under this
subsection shall be--
``(i) not more than 50 percent of the cost
of a project, program or study; or
``(ii) up to 100 percent of the cost of a
project, program, or study if the project,
program, or study is located in or specifically
affects a distressed community.
``(B) Contributions from non-federal sources.--The
non-Federal share of costs required under subparagraph
(A) shall be provided from non-Federal sources.
``(5) Distressed community defined.--In this subsection,
the term `distressed community' means a community that meets
the affordability criteria established by the State in which
the community is located, if such criteria is established after
public review and comment.
``(g) Annual Budget Plan.--The President, as part of the annual
budget of the United States Government, shall submit information
regarding each Federal agency involved in Puget Sound protection and
restoration, including--
``(1) an interagency crosscut budget that displays for each
Federal agency--
``(A) the amounts obligated in the preceding fiscal
year for protection and restoration projects, programs,
and studies relating to Puget Sound;
``(B) the estimated budget for the current fiscal
year for protection and restoration projects, programs,
and studies relating to Puget Sound; and
``(C) the proposed budget for protection and
restoration projects, programs, and studies relating to
Puget Sound; and
``(2) a description and assessment of the Federal role in
the implementation of the comprehensive plan and the specific
role of each Federal agency involved in Puget Sound protection
and restoration, including specific projects, programs, and
studies conducted or planned to achieve the identified goals
and objectives of the comprehensive plan.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section
$125,000,000 for each of fiscal years 2011 through 2016. Such sums
shall remain available until expended.''. | Puget Sound Recovery Act of 2009 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a Puget Sound Program Office, to be co-located with the Puget Sound Partnership in Washington; and (2) appoint a Director of the Office.
Requires the Administrator, acting through the Director, to: (1) assist and support the implementation of the Puget Sound Action Agenda; (2) provide funding and make grants for implementation of the Agenda and related projects; (3) promote methodologies and technologies that are cost-effective and consistent with the goals and objectives of the Agenda and the EPA permitting processes; (4) coordinate the major functions of the federal government relating to the implementation of the Agenda; (5) coordinate the research and planning projects authorized under this Act with federal and state agencies, tribes, universities, and the Puget Sound Partnership's Science Panel; (6) track progress toward meeting the identified goals and objectives of the Agenda; (7) coordinate projects, programs, and studies for the protection of Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca with Canadian authorities; (8) collect and make available to the public publications and information relating to the environmental quality of Puget Sound; and (9) implement projects, programs, and studies to implement the Agenda.
Requires the Administrator to establish a Puget Sound Program Advisory Council to provide advice on the implementation of the Agenda's goals and objectives.
Requires the Administrator and the Executive Director of the Puget Sound Partnership to a report, biennially, to Congress on implementation of the Agenda.
Allows the Administrator, acting through the Director, to make grants for projects, programs, and studies to implement the Agenda, including a comprehensive grant to the Partnership to manage such implementation.
Requires the President, as part of the annual budget, to submit information regarding expenditures and roles of each federal agency involved in Puget Sound protection and restoration. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect the water quality of Puget Sound, and for other purposes."} | 2,274 | 433 | 0.67958 | 2.011989 | 0.826647 | 4.760599 | 5.476309 | 0.955112 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Security and
Technology Accountability Act of 2018''.
SEC. 2. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.
(a) In General.--Title XVI of the Homeland Security Act of 2002 (6
U.S.C. 561 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Surface Transportation Security
``SEC. 1621. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.
``(a) Establishment.--The Administrator of the Transportation
Security Administration (referred to in this section as the
`Administrator') shall establish within the Transportation Security
Administration the Surface Transportation Security Advisory Committee
(referred to in this section as the `Advisory Committee').
``(b) Duties.--
``(1) In general.--The Advisory Committee may advise,
consult with, report to, and make recommendations to the
Administrator on surface transportation security matters,
including the development, refinement, and implementation of
policies, programs, initiatives, rulemakings, and security
directives pertaining to surface transportation security.
``(2) Risk-based security.--The Advisory Committee shall
consider risk-based security approaches in the performance of
its duties.
``(c) Membership.--
``(1) Composition.--The Advisory Committee shall be
composed of--
``(A) voting members appointed by the Administrator
under paragraph (2); and
``(B) nonvoting members, serving in an advisory
capacity, who shall be designated by--
``(i) the Transportation Security
Administration;
``(ii) the Department of Transportation;
and
``(iii) such other Federal department or
agency as the Administrator considers
appropriate.
``(2) Appointment.--The Administrator shall appoint voting
members from among stakeholders representing each mode of
surface transportation, such as passenger rail, freight rail,
mass transit, pipelines, highways, over-the-road bus, and
trucking, including representatives from--
``(A) associations representing such modes of
surface transportation;
``(B) labor organizations representing such modes
of surface transportation;
``(C) groups representing the users of such modes
of surface transportation, including asset
manufacturers, as appropriate;
``(D) relevant law enforcement, first responders,
and security experts; and
``(E) such other groups as the Administrator
considers appropriate.
``(3) Chairperson.--The Advisory Committee shall select a
chairperson from among its voting members.
``(4) Term of office.--
``(A) Terms.--
``(i) In general.--The term of each voting
member of the Advisory Committee shall be 2
years, but a voting member may continue to
serve until the Administrator appoints a
successor.
``(ii) Reappointment.--A voting member of
the Advisory Committee may be reappointed.
``(B) Removal.--
``(i) In general.--The Administrator may
review the participation of a member of the
Advisory Committee and remove such member for
cause at any time.
``(ii) Access to certain information.--The
Administrator may remove any member of the
Advisory Committee who the Administrator
determines should be restricted from reviewing,
discussing, or possessing classified
information or sensitive security information.
``(5) Prohibition on compensation.--The members of the
Advisory Committee may not receive any compensation from the
Government by reason of their service on the Advisory
Committee.
``(6) Meetings.--
``(A) In general.--The Advisory Committee shall
meet at least semiannually in person or through web
conferencing, and may convene additional meetings as
necessary.
``(B) Public meetings.--At least one of the
meetings of the Advisory Committee each year shall be--
``(i) announced in the Federal Register;
``(ii) announced on a public website; and
``(iii) open to the public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(D) Minutes.--
``(i) In general.--Unless otherwise
prohibited by Federal law, minutes of the
meetings of the Advisory Committee shall be
published on the public website under
subsection (e)(5).
``(ii) Protection of classified and
sensitive information.--The Advisory Committee
may redact or summarize, as necessary, minutes
of the meetings to protect classified
information or sensitive security information
in accordance with law.
``(7) Voting member access to classified information and
sensitive security information.--
``(A) Determinations.--Not later than 60 days after
the date on which a voting member is appointed to the
Advisory Committee but before such voting member may be
granted any access to classified information or
sensitive security information, the Administrator shall
determine if such voting member should be restricted
from reviewing, discussing, or possessing classified
information or sensitive security information.
``(B) Access.--
``(i) Sensitive security information.--If a
voting member is not restricted from reviewing,
discussing, or possessing sensitive security
information under subparagraph (A) and
voluntarily signs a nondisclosure agreement,
such voting member may be granted access to
sensitive security information that is relevant
to such voting member's service on the Advisory
Committee.
``(ii) Classified information.--Access to
classified materials shall be managed in
accordance with Executive Order No. 13526 of
December 29, 2009 (75 Fed. Reg. 707), or any
subsequent corresponding Executive order.
``(C) Protections.--
``(i) Sensitive security information.--
Voting members shall protect sensitive security
information in accordance with part 1520 of
title 49, Code of Federal Regulations.
``(ii) Classified information.--Voting
members shall protect classified information in
accordance with the applicable requirements for
the particular level of classification of such
information.
``(8) Joint committee meetings.--The Advisory Committee may
meet with one or more of the following advisory committees to
discuss multimodal security issues and other security-related
issues of common concern:
``(A) Aviation Security Advisory Committee,
established under section 44946 of title 49, United
States Code.
``(B) Maritime Security Advisory Committee,
established under section 70112 of title 46, United
States Code.
``(C) Railroad Safety Advisory Committee,
established by the Federal Railroad Administration.
``(9) Subject matter experts.--The Advisory Committee may
request the assistance of subject matter experts with expertise
related to the jurisdiction of the Advisory Committee.
``(d) Reports.--
``(1) Periodic reports.--The Advisory Committee shall
periodically submit to the Administrator reports on matters
requested by the Administrator or by a majority of the members
of the Advisory Committee.
``(2) Annual report.--
``(A) Submission.--The Advisory Committee shall
submit to the Administrator and the Committee on
Homeland Security of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate an annual report that provides
information on the activities, findings, and
recommendations of the Advisory Committee during the
preceding year.
``(B) Publication.--Not later than 6 months after
the date that the Administrator receives an annual
report under subparagraph (A), the Administrator shall
publish a public version of such report, in accordance
with section 552a(b) of title 5, United States Code.
``(e) Administration Response.--
``(1) Consideration.--The Administrator shall consider the
information, advice, and recommendations of the Advisory
Committee in formulating policies, programs, initiatives,
rulemakings, and security directives pertaining to surface
transportation security efforts.
``(2) Feedback.--Not later than 90 days after the date that
the Administrator receives a recommendation from the Advisory
Committee under subsection (d)(2), the Administrator shall
submit to the Advisory Committee written feedback on such
recommendation, including--
``(A) if the Administrator agrees with such
recommendation, a plan describing the actions that the
Administrator has taken, will take, or recommends that
the head of another Federal department or agency take
to implement such recommendation; or
``(B) if the Administrator disagrees with such
recommendation, a justification for such disagreement.
``(3) Notices.--Not later than 30 days after the date the
Administrator submits feedback under paragraph (2), the
Administrator shall--
``(A) notify the Committee on Homeland Security of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate of
such feedback, including the agreement or disagreement
under subparagraph (A) or (B) of such paragraph, as
applicable; and
``(B) provide the committees specified in
subparagraph (A) with a briefing upon request.
``(4) Updates.--Not later than 90 days after the date the
Administrator receives a recommendation from the Advisory
Committee under subsection (d)(2) that the Administrator agrees
with, and quarterly thereafter until such recommendation is
fully implemented, the Administrator shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report or post on the public website under
paragraph (5) an update on the status of such recommendation.
``(5) Website.--The Administrator shall maintain a public
website that--
``(A) lists the members of the Advisory Committee;
``(B) provides the contact information for the
Advisory Committee; and
``(C) information relating to meetings, minutes,
annual reports, and the implementation of
recommendations under this section.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee or any
subcommittee established under this section.''.
(b) Advisory Committee Members.--
(1) Voting members.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of the
Transportation Security Administration shall appoint the voting
members of the Surface Transportation Security Advisory
Committee established under section 1621 of the Homeland
Security Act of 2002, as added by subsection (a) of this
section.
(2) Nonvoting members.--Not later than 90 days after the
date of the enactment of this Act, each Federal department and
agency with regulatory authority over a mode of surface
transportation, as the Administrator of the Transportation
Security Administration considers appropriate, shall designate
an appropriate representative to serve as a nonvoting member of
the Surface Transportation Security Advisory Committee.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 1616 the following new items:
``Subtitle C--Surface Transportation Security
``Sec. 1621. Surface Transportation Security Advisory Committee.''.
SEC. 3. TECHNOLOGY INVESTMENT PLAN.
(a) In General.--Section 1611 of the Homeland Security Act of 2002
(6 U.S.C. 563) is amended by adding at the end the following new
subsection:
``(h) Additional Update Requirements.--Updates and reports required
pursuant to subsection (g) shall--
``(1) be prepared in consultation with individuals and
entity specified in subsection (b), as well as the Surface
Transportation Security Advisory Committee established by the
Administrator pursuant to section 1621;
``(2) include information relating to technology
investments by the Transportation Security Administration and
the private sector that the Department supports with research,
development, testing, and evaluation for aviation, air cargo,
and surface transportation security; and
``(3) to the extent practicable, include a classified
addendum to report sensitive transportation security risks and
associated capability gaps that would be best addressed by
security-related technology described in paragraph (2).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and apply
beginning with the first update and report required under subsection
(g) of section 1611 of the Homeland Security Act of 2002 that is
required after such date.
Passed the House of Representatives June 25, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Surface Transportation Security and Technology Accountability Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to: (1) direct the Transportation Security Administration (TSA) to establish within itself the the Surface Transportation Security Advisory Committee to advise the TSA on surface transportation security, and (2) require the TSA to consult with the advisory committee when preparing updates to the five-year technology investment plan and to include a classified addendum to report sensitive transportation security risks and associated capability gaps. | {"src": "billsum_train", "title": "Surface Transportation Security and Technology Accountability Act of 2018"} | 2,765 | 105 | 0.53403 | 1.310289 | 0.999808 | 3.185567 | 26.030928 | 0.876289 |
SECTION 1. REPORT ON ACTIONS TO ACHIEVE INTERNATIONAL COOPERATION IN
DEVELOPMENT OF THEATER MISSILE DEFENSES.
Not later than June 1, 1994, the Secretary of Defense shall submit
to Congress a report on steps that can be taken by the United States to
achieve greater cooperation from allies of the United States and
international organizations for the payment of the costs involved in
the development and production of Theater Missile Defense systems.
SEC. 2. FUNDING THEATER MISSILE DEFENSE PROGRAMS.
(a) Requirement for Annual Authorization of New Obligational
Authority for TMD Programs.--The Congress shall establish by law for
each fiscal year (beginning with fiscal year 1995) the level of new
obligational authority (stated as a single dollar amount) for research,
development, test, and evaluation and for procurement for Theater
Missile Defense programs of the Department of Defense for that fiscal
year.
(b) Limitation on United States Contribution for TMD Programs.--(1)
Not more than 80 percent of the amount established pursuant to
subsection (a) for any fiscal year may be provided from amounts
appropriated to the Department of Defense from the general fund of the
Treasury, and no appropriation may be made to the Department of Defense
for any fiscal year which would cause the total amount appropriated for
that fiscal year for research, development, test, and evaluation and
for procurement for Theater Missile Defense programs of the Department
of Defense to exceed 80 percent of such amount.
(2) Any additional funds for research, development, test, and
evaluation and for procurement for Theater Missile Defense programs for
any fiscal year for which an amount has been established pursuant to
subsection (a) shall be derived from the Theater Missile Defense
Cooperation Account under section 2610 of title 10, United States Code,
as added by section 3.
(3) The President may waive the limitation in paragraph (1) and the
requirement in paragraph (2) to the extent that the President
determines appropriate in the national security interest of the United
States.
(c) Policy Regarding Incremental Increases in Foreign Contributions
for TMD Programs.--It is the intent of Congress that, except as
provided in subsection (d), the percentage of the cost of the
development and production of Theater Missile Defense systems that is
borne by the United States should decrease incrementally, and the
percentage that is borne by allied nations and international
organizations should increase incrementally, over the fiscal years
after fiscal year 1995 so that the percentage actually borne by the
United States in later fiscal years is significantly less than the
maximum of 80 percent provided for under subsection (b).
(d) Exemption.--The financial contribution requirements established
for allied nations in the administration of this section shall not
apply to any foreign nation that, as of the date of the enactment of
this Act, is paying at least 20 percent of the total cost of the
contracts in existence under a theater missile defense interceptor
system program being carried out on such date in cooperation between
that foreign nation and the United States.
SEC. 3. THEATER MISSILE DEFENSE COOPERATION ACCOUNT.
(a) Establishment.--(1) Chapter 155 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2610. Theater Missile Defense: acceptance of contributions from
allies; Theater Missile Defense Cooperation Account
``(a) Acceptance Authority.--The Secretary of Defense may accept
from any allied foreign government or any international organization
any contribution of money made by such foreign government or
international organization for use by the Department of Defense for
Theater Missile Defense programs.
``(b) Establishment of Theater Missile Defense Cooperation
Account.--(1) There is established in the Treasury a special account to
be known as the `Theater Missile Defense Cooperation Account'.
``(2) Contributions accepted by the Secretary of Defense under
subsection (a) shall be credited to the Account.
``(c) Use of the Account.--Funds in the Account are hereby made
available for obligation for research, development, test, and
evaluation, and for procurement, for Theater Missile Defense programs
of the Department of Defense, subject to annual limitations provided by
law in total obligations for such purpose.
``(d) Investment of Money.--(1) Upon request by the Secretary of
Defense, the Secretary of the Treasury may invest money in the Account
in securities of the United States or in securities guaranteed as to
principal and interest by the United States.
``(2) Any interest or other income that accrues from investment in
securities referred to in paragraph (1) shall be deposited to the
credit of the Account.
``(e) Notification of Conditions.--The Secretary of Defense shall
notify Congress of any condition imposed by the donor on the use of any
contribution accepted by the Secretary under the authority of this
section.
``(f) Reporting Requirement.--Not later than 30 days after the end
of each quarter of each fiscal year, the Secretary of Defense shall
submit to Congress a report on the contributions accepted by the
Secretary under this section during the preceding quarter.
``(g) Annual Audit by GAO.--The Comptroller General of the United
States shall conduct an annual audit of money accepted by the Secretary
of Defense under this section and shall submit a copy of the results of
each such audit to Congress.
``(h) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2610. Theater Missile Defense: acceptance of contributions from
allies; Theater Missile Defense Cooperation
Account.''.
(b) Effective Date.--Section 2610 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 1994. | Directs the Secretary of Defense, by June 1, 1994, to report to the Congress on steps that can be taken by the United States to achieve greater cooperation from U.S. allies and international organizations for the payment of the costs involved in the development and production of theater missile defense (TMD) systems.
Establishes the annual fiscal year obligational authority, beginning with FY 1995, for research, development, test, and evaluation and for procurement for TMD programs. Limits the annual U.S. contribution for TMD programs, with a waiver by the President for national security purposes.
States that the percentage of development and production costs of TMD systems borne by the United States should decrease incrementally for fiscal years after 1995.
Authorizes the Secretary to accept from such allies and organizations contributions for such costs. Establishes in the Treasury the Theater Missile Defense Cooperation Account. Requires: (1) the Secretary to report quarterly on any such contributions; and (2) the Comptroller General to conduct and report to the Congress on annual audits of money accepted. | {"src": "billsum_train", "title": "A bill to achieve greater cooperation from allies of the United States and international organizations for the payment of the costs involved in the development and production of Theater Missile Defense systems; and to amend title 10, United States Code, to establish a Theater Missile Defense Cooperation Account."} | 1,271 | 224 | 0.724948 | 2.088396 | 0.888493 | 3.487562 | 5.895522 | 0.920398 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Transportation Preservation
Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The American Public Transportation Association
estimates that since January 1, 2009, 84 percent of transit
systems have raised fares, cut service or are considering one
of those actions.
(2) Many low-income workers, older Americans, and people
with disabilities depend on transit service to get to jobs and
health care. Reduced service and higher fares can have a
devastating effect on their quality of life.
(3) Millions of Americans use transit every day. Reduced
transit service makes it harder for workers to access jobs and
puts more cars on the road, worsening already bad traffic
congestion in many metropolitan areas.
SEC. 3. EMERGENCY OPERATING FUNDS FOR PUBLIC TRANSPORTATION.
(a) General Authority.--The Secretary of Transportation may make
grants to States and designated recipients that receive funding under
chapter 53, United States Code, for the operating costs of equipment
and facilities for use in public transportation.
(b) Apportionment of Funds.--Of the funds made available under this
section--
(1) 80 percent shall be apportioned in accordance with
section 5336 of title 49, United States Code;
(2) 10 percent shall be apportioned in accordance with
section 5340 of title 49, United States Code; and
(3) 10 percent shall be apportioned to other than urbanized
areas in accordance with section 5311 of title 49, United
States Code.
(c) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), the
amounts apportioned to a State or urbanized area pursuant to
subsection (b) shall be used--
(A) for operating expenses necessary to--
(i) restore a reduction in public
transportation service and related workforce
reductions; or
(ii) rescind all or a portion of a fare
increase;
if such reduction or increase was due to decreased
State or local funding or farebox revenue, that
occurred on or after January 1, 2009; and
(B) to prevent reductions or increases described in
subparagraph (A) through September 30, 2011.
(2) Exception.--
(A) In general.--If a recipient submits a
certification to the Secretary that the recipient has
not had a major reduction in public transportation
service, as described in section 5307(d)(1)(I) of title
49, United States Code, or a fare increase as a result
of decreased State or local operating funding, and will
be able to avoid such reductions or increases through
September 30, 2011, without the funds made available by
this section, a recipient may use the funds to replace,
rehabilitate, or repair existing transit capital assets
used in public transportation as defined under section
5302(a)(10) of title 49, United States Code.
(B) Use of remaining funds.--A recipient may use
any remaining funds made available by this section to
replace, rehabilitate, or repair existing transit
capital assets used in public transportation as defined
under section 5302(a)(10) of title 49, United States
Code if that recipient has--
(i) restored a major reduction in public
transportation service or rescinded a fare
increase; and
(ii) is able to avoid reductions or
increases described in paragraph (1)(B).
(d) Requirements.--Applicable requirements of chapter 53 of title
49, United States Code, shall apply to funding provided under this
section. Section 1101(b) of Public Law 109-59 (119 Stat. 1156) shall
apply to funding provided under this section.
(e) Government Share of Costs.--A grant under this section shall
be, at the option of the recipient, up to 100 percent of the net cost
of the project.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000,000 to remain
available for obligation through September 30, 2011.
(g) Funds Availability.--Funds apportioned under this section and
obligated on or before September 30, 2011, shall be expended on or
before July 1, 2012.
(h) Oversight.--Three-quarters of 1 percent of the funds available
under paragraphs (1) and (2) of subsection (b), and one-half of 1
percent of the funds available under paragraph (3) of subsection (b),
shall be provided for administrative expenses and program management
oversight, and such funds shall be available through September 30,
2013. | Public Transportation Preservation Act of 2010 - Authorizes the Secretary of Transportation to make emergency grants to states and designated recipients (urbanized areas) for the operating costs of equipment and facilities for use in public transportation projects. Prescribes a formula for the apportionment of grant funds.
Requires amounts apportioned to a state or urbanized area, with a specified exception, to be used for operating expenses necessary to restore or prevent a reduction in public transportation service and related workforce reductions, or to rescind all or a portion of a fare increase, that: (1) occurs between January 1, 2009, and September 30, 2011; and (2) is due to decreased state or local funding or farebox revenue.
Authorizes a recipient which certifies that it has not had a major reduction in public transportation service, or a fare increase as a result of decreased state or local operating funding, and will be able to avoid such reductions or increases through FY2011 without the funds made available by this Act, to use such funds to replace, rehabilitate, or repair existing transit capital assets used in public transportation.
Sets the amount of a grant, at the option of the recipient, at up to 100% of the net cost of a project. | {"src": "billsum_train", "title": "A bill to provide emergency operating funds for public transportation."} | 1,000 | 276 | 0.662002 | 1.963859 | 0.882048 | 4.42616 | 3.864979 | 0.932489 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Ownership, Readiness, and
Knowledge Act'' or the ``WORK Act''.
SEC. 2. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.
(a) Definitions.--In this section:
(1) Existing program.--The term ``existing program'' means
a program, designed to promote employee ownership and employee
participation in business decisionmaking, that exists on the
date the Secretary is carrying out a responsibility authorized
by this section.
(2) Initiative.--The term ``Initiative'' means the Employee
Ownership and Participation Initiative established under
subsection (b).
(3) New program.--The term ``new program'' means a program,
designed to promote employee ownership and employee
participation in business decisionmaking, that does not exist
on the date the Secretary is carrying out a responsibility
authorized by this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor, acting through the Assistant Secretary for Employment
and Training.
(5) State.--The term ``State'' means any of the 50 States
within the United States of America.
(b) Employee Ownership and Participation Initiative.--
(1) Establishment.--The Secretary of Labor shall establish
within the Employment and Training Administration of the
Department of Labor an Employee Ownership and Participation
Initiative to promote employee ownership and employee
participation in business decisionmaking.
(2) Functions.--In carrying out the Initiative, the
Secretary shall--
(A) support within the States existing programs
designed to promote employee ownership and employee
participation in business decisionmaking; and
(B) facilitate within the States the formation of
new programs designed to promote employee ownership and
employee participation in business decisionmaking.
(3) Duties.--To carry out the functions enumerated in
paragraph (2), the Secretary shall--
(A) support new programs and existing programs by--
(i) making Federal grants authorized under
subsection (d); and
(ii)(I) acting as a clearinghouse on
techniques employed by new programs and
existing programs within the States, and
disseminating information relating to those
techniques to the programs; or
(II) funding projects for information
gathering on those techniques, and
dissemination of that information to the
programs, by groups outside the Employment and
Training Administration; and
(B) facilitate the formation of new programs, in
ways that include holding or funding an annual
conference of representatives from States with existing
programs, representatives from States developing new
programs, and representatives from States without
existing programs.
(c) Programs Regarding Employee Ownership and Participation.--
(1) Establishment of program.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
establish a program to encourage new and existing programs
within the States, designed to foster employee ownership and
employee participation in business decisionmaking throughout
the United States.
(2) Purpose of program.--The purpose of the program
established under paragraph (1) is to encourage new and
existing programs within the States that focus on--
(A) providing education and outreach to inform
employees and employers about the possibilities and
benefits of employee ownership, business ownership
succession planning, and employee participation in
business decisionmaking, including providing
information about financial education, employee teams,
open-book management, and other tools that enable
employees to share ideas and information about how
their businesses can succeed;
(B) providing technical assistance to assist
employee efforts to become business owners, to enable
employers and employees to explore and assess the
feasibility of transferring full or partial ownership
to employees, and to encourage employees and employers
to start new employee-owned businesses;
(C) training employees and employers with respect
to methods of employee participation in open-book
management, work teams, committees, and other
approaches for seeking greater employee input; and
(D) training other entities to apply for funding
under this subsection, to establish new programs, and
to carry out program activities.
(3) Program details.--The Secretary may include, in the
program established under paragraph (1), provisions that--
(A) in the case of activities under paragraph
(2)(A)--
(i) target key groups such as retiring
business owners, senior managers, unions, trade
associations, community organizations, and
economic development organizations;
(ii) encourage cooperation in the
organization of workshops and conferences; and
(iii) prepare and distribute materials
concerning employee ownership and
participation, and business ownership
succession planning;
(B) in the case of activities under paragraph
(2)(B)--
(i) provide preliminary technical
assistance to employee groups, managers, and
retiring owners exploring the possibility of
employee ownership;
(ii) provide for the performance of
preliminary feasibility assessments;
(iii) assist in the funding of objective
third-party feasibility studies and preliminary
business valuations, and in selecting and
monitoring professionals qualified to conduct
such studies; and
(iv) provide a data bank to help employees
find legal, financial, and technical advice in
connection with business ownership;
(C) in the case of activities under paragraph
(2)(C)--
(i) provide for courses on employee
participation; and
(ii) provide for the development and
fostering of networks of employee-owned
companies to spread the use of successful
participation techniques; and
(D) in the case of training under paragraph
(2)(D)--
(i) provide for visits to existing programs
by staff from new programs receiving funding
under this section; and
(ii) provide materials to be used for such
training.
(4) Guidance.--The Secretary shall issue formal guidance,
for recipients of grants awarded under subsection (d) and one-
stop partners affiliated with the statewide workforce
investment systems described in section 106 of the Workforce
Investment Act of 1998 (29 U.S.C. 2881), proposing that
programs and other activities funded under this section be--
(A) proactive in encouraging actions and activities
that promote employee ownership of, and participation
in, businesses; and
(B) comprehensive in emphasizing both employee
ownership of, and participation in, businesses so as to
increase productivity and broaden capital ownership.
(d) Grants.--
(1) In general.--In carrying out the program established
under subsection (c), the Secretary may make grants for use in
connection with new programs and existing programs within a
State for any of the following activities:
(A) Education and outreach as provided in
subsection (c)(2)(A).
(B) Technical assistance as provided in subsection
(c)(2)(B).
(C) Training activities for employees and employers
as provided in subsection (c)(2)(C).
(D) Activities facilitating cooperation among
employee-owned firms.
(E) Training as provided in subsection (c)(2)(D)
for new programs provided by participants in existing
programs dedicated to the objectives of this section,
except that, for each fiscal year, the amount of the
grants made for such training shall not exceed 10
percent of the total amount of the grants made under
this section.
(2) Amounts and conditions.--The Secretary shall determine
the amount and any conditions for a grant made under this
subsection. The amount of the grant shall be subject to
paragraph (6), and shall reflect the capacity of the applicant
for the grant.
(3) Applications.--Each entity desiring a grant under this
subsection shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require.
(4) State applications.--Each State may sponsor and submit
an application under paragraph (3) on behalf of any local
entity consisting of a unit of State or local government,
State-supported institution of higher education, or nonprofit
organization, meeting the requirements of this section.
(5) Applications by entities.--
(A) Entity applications.--If a State fails to
support or establish a program pursuant to this section
during any fiscal year, the Secretary shall, in the
subsequent fiscal years, allow local entities described
in paragraph (4) from that State to make applications
for grants under paragraph (3) on their own initiative.
(B) Application screening.--Any State failing to
support or establish a program pursuant to this section
during any fiscal year may submit applications under
paragraph (3) in the subsequent fiscal years but may
not screen applications by local entities described in
paragraph (4) before submitting the applications to the
Secretary.
(6) Limitations.--A recipient of a grant made under this
subsection shall not receive, during a fiscal year, in the
aggregate, more than the following amounts:
(A) For fiscal year 2013, $300,000.
(B) For fiscal year 2014, $330,000.
(C) For fiscal year 2015, $363,000.
(D) For fiscal year 2016, $399,300.
(E) For fiscal year 2017, $439,200.
(7) Annual report.--For each year, each recipient of a
grant under this subsection shall submit to the Secretary a
report describing how grant funds allocated pursuant to this
subsection were expended during the 12-month period preceding
the date of the submission of the report.
(e) Evaluations.--The Secretary is authorized to reserve not more
than 10 percent of the funds appropriated for a fiscal year to carry
out this section, for the purposes of conducting evaluations of the
grant programs identified in subsection (d) and to provide related
technical assistance.
(f) Reporting.--Not later than the expiration of the 36-month
period following the date of enactment of this Act, the Secretary shall
prepare and submit to Congress a report--
(1) on progress related to employee ownership and
participation in businesses in the United States; and
(2) containing an analysis of critical costs and benefits
of activities carried out under this section.
(g) Authorizations of Appropriations.--
(1) In general.--There are authorized to be appropriated
for the purpose of making grants pursuant to subsection (d) the
following:
(A) For fiscal year 2013, $3,850,000.
(B) For fiscal year 2014, $6,050,000.
(C) For fiscal year 2015, $8,800,000.
(D) For fiscal year 2016, $11,550,000.
(E) For fiscal year 2017, $14,850,000.
(2) Administrative expenses.--There are authorized to be
appropriated for the purpose of funding the administrative
expenses related to the Initiative, for each of fiscal years
2013 through 2017, an amount not in excess of--
(A) $350,000; or
(B) 5.0 percent of the maximum amount available
under paragraph (1) for that fiscal year. | Worker Ownership, Readiness, and Knowledge Act or WORK Act - Directs the Secretary of Labor, acting through the Assistant Secretary for Employment and Training, to establish within the Employment and Training Administration an Employee Ownership and Participation Initiative to promote employee ownership and employee participation in business decisionmaking.
Requires the Secretary to establish a program, which may include grants for outreach, technical assistance, and training, to encourage new and existing state programs designed to foster employee ownership and employee participation in business decisionmaking throughout the United States.
Requires the Secretary to report to Congress on progress related to employee ownership and participation in U.S. businesses. | {"src": "billsum_train", "title": "A bill to establish an Employee Ownership and Participation Initiative, and for other purposes."} | 2,229 | 137 | 0.647651 | 1.565516 | 0.649434 | 4.313559 | 18.576271 | 0.957627 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Ambulance Payment Reform
and Rural Equity Act of 2004''.
SEC. 2. AMBULANCE PAYMENT RATES.
(a) Payment Rates.--Section 1834(l)(3) of the Social Security Act
(42 U.S.C. 1395m(l)(3)) is amended to read as follows:
``(3) Payment rates.--Subject to any adjustment under
subparagraph (B) and paragraph (13) and the full payment of a
national mileage rate pursuant to paragraph (2)(E), the
Secretary shall modify the fee schedule established under
paragraph (1) as follows:
``(A) Payment rates in 2006.--
``(i) Ground ambulance services.--In the
case of ground ambulance services furnished
under this part in 2006, the Secretary shall
set the payment rates under the fee schedule
for such services at a rate based on the
average costs (as determined by the Secretary
on the basis of the most recent and reliable
information available) incurred by full cost
ambulance suppliers in providing nonemergency
basic life support ambulance services covered
under this title, with adjustments to the rates
for other ground ambulance service levels to be
determined based on the rule established under
paragraph (1). For the purposes of the
preceding sentence, the term `full cost
ambulance supplier' means a supplier for which
volunteers or other unpaid staff comprise less
than 20 percent of the supplier's total staff
and which receives less than 20 percent of
space and other capital assets free of charge.
``(ii) Other ambulance services.--In the
case of ambulance services not described in
subclause (i) that are furnished under this
part in 2006, the Secretary shall set the
payment rates under the fee schedule for such
services based on the rule established under
paragraph (1).
``(B) Payment rates in subsequent years for all
ambulance services.--In the case of any ambulance
service furnished under this part in 2007 or any
subsequent year, the Secretary shall set the payment
rates under the fee schedule for such service at
amounts equal to the payment rate under the fee
schedule for that service furnished during the previous
year, increased by the percentage increase in the
Consumer Price Index for all urban consumers (United
States city average) for the 12-month period ending
with June of the previous year.''.
(b) Conforming Amendment.--(1) Section 221(c) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000
(114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public
Law 106-554, is repealed.
(2) The amendment made by paragraph (1) shall take effect on
January 1, 2006, and shall apply to payments for ambulance services
furnished on or after such date.
SEC. 3. IMPROVEMENT IN PAYMENTS TO RETAIN EMERGENCY AND OTHER CAPACITY
FOR AMBULANCES IN RURAL AREAS.
(a) In General.--Section 1834(l) of the Social Security Act (42
U.S.C. 1395m(l)), as amended by section 415(a) of the Medicare
Prescription Drug, Modernization, and Improvement Act of 2003, is
amended by adding at the end the following new paragraph:
``(15) Additional payments for providers furnishing
ambulances services in rural areas.--
``(A) In general.--In the case of ground ambulance
services furnished on or after January 1, 2006, for
which the transportation originates in a rural area (as
determined under subparagraph (B)), the Secretary shall
provide for a percent increase in the base rate of the
fee schedule for a trip identified under this
subsection.
``(B) Identification of rural areas.--The
Secretary, in consultation with the Office of Rural
Health Policy, shall use the Rural-Urban Commuting
Areas (RUCA) coding system, adopted by that Office, to
designate rural areas for the purposes of this
paragraph. A rural area is any area in RUCA level 2
through 10 and any unclassified area.
``(C) Tiering of rural areas.--The Secretary shall
designate 4 tiers of rural areas, using a zip code
population-based methodology generated by the RUCA
coding system, as follows:
``(i) Tier 1.--A rural area that is a high
metropolitan commuting area, in which 30
percent or more of the commuting flow is to an
urban area, as designated by the Bureau of the
Census (RUCA level 2).
``(ii) Tier 2.--A rural area that is a low
metropolitan commuting area, in which less than
30 percent of the commuting flow is to an urban
area or to a large town, as designated by the
Bureau of the Census (RUCA levels 3-6).
``(iii) Tier 3.--A rural area that is a
small town core, as designated by the Bureau of
the Census, in which no significant portion of
the commuting flow is to an area of population
greater than 10,000 people (RUCA levels 7-9).
``(iv) Tier 4.--A rural area in which there
is no dominant commuting flow (RUCA level 10)
and any unclassified area.
The Secretary shall consult with the Office of Rural
Health Policy not less often than every 2 years to
update the designation of rural areas in accordance
with any changes that are made to the RUCA system.
``(D) Payment adjustments for trips in rural
areas.--The Secretary shall adjust the payment rate
under this section for ambulance trips that originate
in each of the tiers established in subparagraph (C).
The adjustment shall be a percentage increase in the
base payment rate as follows:
``(i) Tier 1.--5.5 percent.
``(ii) Tier 2.--11 percent.
``(iii) Tier 3.--16.5 percent.
``(iv) Tier 4.--22 percent.''.
(b) Review of Payments for Rural Ambulance Services and Report to
Congress.--
(1) Review.--Not later than July 1, 2008, the Secretary of
Health and Human Services shall review the system for adjusting
payments for rural ambulance services under section 1834(l)(15)
of the Social Security Act (42 U.S.C. 1395m(l)(15)), as added
by subsection (a), to determine the adequacy and
appropriateness of such adjustments. In conducting such review
the Secretary shall consult with providers and suppliers
affected by such adjustments and with representatives of the
ambulance industry generally to determine--
(A) whether such adjustments adequately cover the
additional costs incurred in serving areas of low
population density; and
(B) whether the tiered structure for making such
adjustments appropriately reflects the difference in
costs of providing services in different types of rural
areas.
(2) Report.--Not later than January 1, 2009, the Secretary
shall submit to Congress a report setting forth the results of
such review and any recommendations for revision to the systems
for adjusting payments for ambulance services in rural areas.
(c) Conforming Amendments.--(1) Section 1834(l) of the Social
Security Act (42 U.S.C. 1395m(l)), as amended by subsection (a), is
further amended by adding at the end the following new paragraph:
``(16) Designation of rural areas for mileage payment
purposes.--In establishing any differential in the amount of
payment for mileage between rural and urban areas in the fee
schedule established under paragraph (1), the Secretary shall
identify rural areas in the same manner as provided in
paragraph (15)(B).''.
(2) Section 1834(l)(12)(A) of the Social Security Act (42 U.S.C.
1395m(l)(12)(A)), as added by section 414(c) of the Medicare
Prescription Drug, Modernization, and Improvement Act of 2003, is
amended by striking ``January 1, 2010'' and inserting ``January 1,
2006''.
(3) Section 1834(l)(13)(A)(i) of the Social Security Act (42 U.S.C.
1395m(l)(13)(A)(i)), as added by section 414(d) of the Medicare
Prescription Drug, Modernization, and Improvement Act of 2003, is
amended by striking ``paragraph (9)'' and inserting ``paragraph
(15)(B)''.
SEC. 4. USE OF MEDICAL CONDITIONS FOR CODING AMBULANCE SERVICES.
Section 1834(l)(7) of the Social Security Act (42 U.S.C.
1395m(l)(7)) is amended to read as follows:
``(7) Coding system.--
``(A) In general.--The Secretary shall, in
accordance with section 1173(c)(1)(B) and not later
than July 1, 2005, establish a system or systems for
the coding of claims for ambulance services for which
payment is made under this subsection, including a code
set specifying the medical condition of the individual
who is transported and the level of service that is
appropriate for the transportation of an individual
with that medical condition.
``(B) Medical conditions.--The code set established
under subparagraph (A) shall take into account the list
of medical conditions developed in the course of the
negotiated rulemaking process conducted under paragraph
(1).''. | Medicare Ambulance Payment Reform and Rural Equity Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to: (1) revise ambulance payment rates; and (2) provide additional payments for providers furnishing ambulance services in rural areas.
Directs the Secretary of Health and Human Services to review the system for adjusting payments for rural ambulance services to determine their adequacy and appropriateness.
Amends SSA title XVIII with respect to a Secretary-specified uniform coding system identifying furnished ambulance services for purposes of a fee schedule. Directs the Secretary to establish a system or systems for the coding of claims for ambulance services for which payment is made, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. Requires the code set to take into account the list of medical conditions developed in the course of the negotiated rulemaking process. (Current law authorizes the Secretary to require the claim for any ambulance services to include a code (or codes) under a uniform coding system specified by the Secretary, but does not require the establishment of such a coding system.) | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide payments to Medicare ambulance suppliers of the full cost or furnishing such services, to provide payments to rural ambulance providers and suppliers to account for the cost of serving areas with low population density, and for other purposes."} | 2,072 | 268 | 0.498737 | 1.375692 | 0.723664 | 3.853333 | 8.142222 | 0.884444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Patients and Hospitals
From Price Gouging Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) many pharmaceutical drugs are necessary to maintain the
health and welfare of the American people;
(2) currently the Nation is facing a chronic shortage of
vital drugs necessary in surgery, to treat cancer, and to fight
other life-threatening illnesses; and
(3) in order to prevent any party within the chain of
distribution of any vital drugs from taking unfair advantage of
consumers during market shortages, the public interest requires
that such conduct be prohibited and made subject to criminal
penalties.
(b) Purpose.--The purpose of this Act is to prohibit excessive
pricing during market shortages.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``market shortage'' means a situation in which
the total supply of all clinically interchangeable versions of
an FDA-regulated drug is inadequate to meet the current or
projected demand at the user level;
(2) the term ``drug'' means a drug intended for use by
human beings, which--
(A) because of its toxicity or other potentiality
for harmful effect, or the method of its use, or the
collateral measures necessary to its use, is not safe
for use except under the supervision of a practitioner
licensed by law to administer such drug; or
(B) is limited by an approved application under
section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355) to use under the professional
supervision of a practitioner licensed by law to
administer such drug;
(3) the term ``biologic'' means a virus, therapeutic serum,
toxin, antitoxin, vaccine, blood, blood component or
derivative, allergenic product, or analogous product, or
arsphenamine or derivative of arsphenamine (or any other
trivalent organic arsenic compound), applicable to the
prevention, treatment, or cure of a disease or condition of
human beings; and
(4) the term ``vital drug'' means any drug or biologic used
to prevent or treat a serious or life-threatening disease or
medical condition, for which there is no other available source
with sufficient supply of that drug or biologic or alternative
drug or biologic available.
SEC. 4. UNREASONABLY EXCESSIVE DRUG PRICING.
(a) In General.--
(1) Authority.--The President may issue an Executive order
declaring a market shortage for a period of 6 months with
regard to one or more vital drugs due to a market shortage
under this Act.
(2) Unlawful act.--If the President issues an Executive
order under paragraph (1), it shall be unlawful for any person
to sell vital drugs at a price that is unreasonably excessive
and indicates that the seller is taking unfair advantage of the
circumstances related to a market shortage to unreasonably
increase prices during such period.
(b) Authority.--The Attorney General is authorized to enforce
penalties under this Act.
SEC. 5. ENFORCEMENT.
(a) Enforcement.--
(1) In general.--Whoever sells, or offers to sell, any
vital drug during a declared market shortage with the knowledge
and intent to charge a price that is unreasonably excessive
under the circumstances shall be guilty of an offense under
this section and subject to injunction and penalties as
provided in paragraphs (2) and (3).
(2) Action in district court for injunction.--Whenever it
shall appear to the Attorney General that any person is engaged
in or about to engage in acts or practices constituting a
violation of any provision of this section and until such
complaint is dismissed by the Attorney General or set aside by
a court on review, the Attorney General may in his or her
discretion bring an action in the proper district court of the
United States, the United States District Court for the
District of Columbia, or the United States courts of any
territory or other place subject to the jurisdiction of the
United States to enjoin such acts or practices, and upon a
proper showing a permanent or temporary injunction or
restraining order shall be granted without bond in the interest
of the public.
(3) Criminal penalties.--Any person acting with the
knowledge and intent to charge a price that is unreasonably
excessive under the circumstances shall be guilty of an offense
under this section and title 18, United States Code, and
subject to imprisonment for a term not to exceed 3 years, fined
an amount not to exceed $5,000,000, or both.
(b) Enforcement.--The criminal penalty provided by subsection (a)
may be imposed only pursuant to a criminal action brought by the
Attorney General or other officer of the Department of Justice.
(c) Multiple Offenses.--In assessing the penalty provided by
subsection (a) each day of a continuing violation shall be considered a
separate violation.
(d) Application.--
(1) In general.--This section shall apply--
(A) in the geographical area where the vital drug
market shortage has been declared; and
(B) to all wholesalers and distributors in the
chain of distribution.
(2) Inapplicable.--This section shall not apply to a
hospital (as defined in section 1861(e) of the Social Security
Act (42 U.S.C. 1395x(e)) or a physician (as defined in section
1861(q) of the Social Security Act (42 U.S.C. 1395x(q)).
SEC. 6. DETERMINATION OF UNREASONABLY EXCESSIVE.
(a) In General.--The Attorney General, in determining whether an
alleged violator's price was unreasonably excessive, shall consider
whether--
(1) the price reasonably reflected additional costs, not
within the control of that person or company, that were paid,
incurred, or reasonably anticipated by that person or company;
(2) the price reasonably reflected additional risks taken
by that person or company to produce, distribute, obtain, or
sell such product under the circumstances;
(3) there is a gross disparity between the challenged price
and the price at which the same or similar goods were readily
available in the same region and during the same Presidentially
declared market shortage;
(4) the marginal benefit received by the wholesaler or
distributor is significantly changed in comparison with
marginal earnings in the year before a market shortage was
declared;
(5) the price charged was comparable to the price at which
the goods were generally available in the trade area if the
wholesaler or distributor did not sell or offer to sell the
prescription drug in question prior to the time a market
shortage was declared; and
(6) the price was substantially attributable to local,
regional, national, or international market conditions.
(b) Consultation.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Attorney General or
designee, shall consult with representatives of the National
Association of Wholesalers, Group Purchasing Organizations,
Pharmaceutical Distributors, Hospitals, Manufacturers, patients, and
other interested community organizations to reassess the criteria set
forth in subsection (a) in determining unreasonably excessive and
prepare and submit to Congress a report on the results of the
reassessment.
SEC. 7. DURATION.
(a) In General.--Any market shortage declared by the President in
accordance with this Act shall be in effect for a period of not to
exceed 6 months from the date on which the President issues the
Executive order.
(b) Termination.--Any market shortage declared by the President in
accordance with this Act shall terminate if--
(1) there is enacted a law terminating the market shortage
which shall be passed by Congress after a national market
shortage is declared; or
(2) the President issues a proclamation terminating the
market shortage;
whichever comes first.
(c) Declaration Renewal.--The President may renew the state of
market shortage declared under subsection (a), if the President
declares that the severe shortage continues to affect the health and
well being of citizens beyond the initial 6-month period. | Protecting Patients and Hospitals From Price Gouging Act - Authorizes the President to issue an executive order declaring a market shortage for six months with regard to one or more vital drugs if the total supply of all clinically interchangeable versions of a drug regulated by the Food and Drug Administration (FDA) is inadequate to meet the current or projected demand at the user level.
Defines a "vital drug" as any drug or biologic used to prevent or treat a serious or life-threatening disease or medical condition, for which there is no other available source with sufficient supply available.
Makes it unlawful, when the President issues such an executive order, for any person to sell vital drugs at a price that: (1) is unreasonably excessive, and (2) indicates that the seller is taking unfair advantage of the circumstances related to a market shortage to increase prices unreasonably during that period.
Gives the Attorney General authority to enforce penalties under this Act.
Makes any person who sells, or offers to sell, any vital drug during a declared market shortage with the knowledge and intent to charge a price unreasonably excessive under the circumstances guilty of an offense and subject to injunction and penalties. Applies such sanctions, except to a hospital or a physician, in the geographical area where the vital drug market shortage has been declared and to all wholesalers and distributors in the chain of distribution.
Sets forth factors for the Attorney General to consider in determining whether an alleged violator's price was unreasonably excessive.
Makes a declaration under this Act terminate if: (1) there is enacted a law terminating the market shortage after a national market shortage is declared, or (2) the President issues a proclamation terminating the declaration. Authorizes the President to renew such a market shortage declaration if the severe shortage continues to affect the health and well-being of citizens beyond the initial six-month period. | {"src": "billsum_train", "title": "A bill to prohibit prescription drug price-gouging during states of market shortage."} | 1,774 | 419 | 0.579014 | 1.947146 | 0.777834 | 5.157025 | 4.512397 | 0.942149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Gains Inflation Relief
Act''.
SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR
LOSS.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to basis rules of general
application) is amended by redesignating section 1023 as section 1024
and by inserting after section 1022 the following new section:
``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) General Rule.--
``(1) Indexed basis substituted for adjusted basis.--Solely
for purposes of determining gain or loss on the sale or other
disposition by a taxpayer (other than a corporation) of an
indexed asset which has been held for more than 3 years, the
indexed basis of the asset shall be substituted for its
adjusted basis.
``(2) Exception for depreciation, etc.--The deductions for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(3) Written documentation requirement.--Paragraph (1)
shall apply only with respect to indexed assets for which the
taxpayer has written documentation of the original purchase
price paid or incurred by the taxpayer to acquire such asset.
``(b) Indexed Asset.--
``(1) In general.--For purposes of this section, the term
`indexed asset' means--
``(A) common stock in a C corporation (other than a
foreign corporation), or
``(B) tangible property,
which is a capital asset or property used in the trade or
business (as defined in section 1231(b)).
``(2) Stock in certain foreign corporations included.--For
purposes of this section--
``(A) In general.--The term `indexed asset'
includes common stock in a foreign corporation which is
regularly traded on an established securities market.
``(B) Exceptions.--Subparagraph (A) shall not apply
to--
``(i) stock in a passive foreign investment
company (as defined in section 1297), and
``(ii) stock in a foreign corporation held
by a United States person who meets the
requirements of section 1248(a)(2).
``(C) Treatment of american depository receipts.--
An American depository receipt for common stock in a
foreign corporation shall be treated as common stock in
such corporation.
``(c) Indexed Basis.--For purposes of this section--
``(1) General rule.--The indexed basis for any asset is--
``(A) the adjusted basis of the asset, increased by
``(B) the applicable inflation adjustment.
``(2) Applicable inflation adjustment.--The applicable
inflation adjustment for any asset is an amount equal to--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the percentage (if any) by which--
``(i) the gross domestic product deflator
for the last calendar quarter ending before the
asset is disposed of, exceeds
``(ii) the gross domestic product deflator
for the last calendar quarter ending before the
asset was acquired by the taxpayer.
The percentage under subparagraph (B) shall be rounded to the
nearest \1/10\ of 1 percentage point.
``(3) Gross domestic product deflator.--The gross domestic
product deflator for any calendar quarter is the implicit price
deflator for the gross domestic product for such quarter (as
shown in the last revision thereof released by the Secretary of
Commerce before the close of the following calendar quarter).
``(d) Suspension of Holding Period Where Diminished Risk of Loss;
Treatment of Short Sales.--
``(1) In general.--If the taxpayer (or a related person)
enters into any transaction which substantially reduces the
risk of loss from holding any asset, such asset shall not be
treated as an indexed asset for the period of such reduced
risk.
``(2) Short sales.--
``(A) In general.--In the case of a short sale of
an indexed asset with a short sale period in excess of
3 years, for purposes of this title, the amount
realized shall be an amount equal to the amount
realized (determined without regard to this paragraph)
increased by the applicable inflation adjustment. In
applying subsection (c)(2) for purposes of the
preceding sentence, the date on which the property is
sold short shall be treated as the date of acquisition
and the closing date for the sale shall be treated as
the date of disposition.
``(B) Short sale period.--For purposes of
subparagraph (A), the short sale period begins on the
day that the property is sold and ends on the closing
date for the sale.
``(e) Treatment of Regulated Investment Companies and Real Estate
Investment Trusts.--
``(1) Adjustments at entity level.--
``(A) In general.--Except as otherwise provided in
this paragraph, the adjustment under subsection (a)
shall be allowed to any qualified investment entity
(including for purposes of determining the earnings and
profits of such entity).
``(B) Exception for corporate shareholders.--Under
regulations--
``(i) in the case of a distribution by a
qualified investment entity (directly or
indirectly) to a corporation--
``(I) the determination of whether
such distribution is a dividend shall
be made without regard to this section,
and
``(II) the amount treated as gain
by reason of the receipt of any capital
gain dividend shall be increased by the
percentage by which the entity's net
capital gain for the taxable year
(determined without regard to this
section) exceeds the entity's net
capital gain for such year determined
with regard to this section, and
``(ii) there shall be other appropriate
adjustments (including deemed distributions) so
as to ensure that the benefits of this section
are not allowed (directly or indirectly) to
corporate shareholders of qualified investment
entities.
For purposes of the preceding sentence, any amount
includible in gross income under section 852(b)(3)(D)
shall be treated as a capital gain dividend and an S
corporation shall not be treated as a corporation.
``(C) Exception for qualification purposes.--This
section shall not apply for purposes of sections 851(b)
and 856(c).
``(D) Exception for certain taxes imposed at entity
level.--
``(i) Tax on failure to distribute entire
gain.--If any amount is subject to tax under
section 852(b)(3)(A) for any taxable year, the
amount on which tax is imposed under such
section shall be increased by the percentage
determined under subparagraph (B)(i)(II). A
similar rule shall apply in the case of any
amount subject to tax under paragraph (1) of
section 857(b) to the extent attributable to
the excess of the net capital gain over the
deduction for dividends paid determined with
reference to capital gain dividends only. The
first sentence of this clause shall not apply
to so much of the amount subject to tax under
section 852(b)(3)(A) as is designated by the
company under section 852(b)(3)(D).
``(ii) Other taxes.--This section shall not
apply for purposes of determining the amount of
any tax imposed by paragraph (4), (5), or (6)
of section 857(b).
``(2) Adjustments to interests held in entity.--
``(A) Regulated investment companies.--Stock in a
regulated investment company (within the meaning of
section 851) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the average of the fair market values
of the indexed assets held by such company at
the close of each month during such quarter,
bears to
``(ii) the average of the fair market
values of all assets held by such company at
the close of each such month.
``(B) Real estate investment trusts.--Stock in a
real estate investment trust (within the meaning of
section 856) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the fair market value of the indexed
assets held by such trust at the close of such
quarter, bears to
``(ii) the fair market value of all assets
held by such trust at the close of such
quarter.
``(C) Ratio of 80 percent or more.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 80
percent or more, such ratio for such quarter shall be
100 percent.
``(D) Ratio of 20 percent or less.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 20
percent or less, such ratio for such quarter shall be
zero.
``(E) Look-thru of partnerships.--For purposes of
this paragraph, a qualified investment entity which
holds a partnership interest shall be treated (in lieu
of holding a partnership interest) as holding its
proportionate share of the assets held by the
partnership.
``(3) Treatment of return of capital distributions.--Except
as otherwise provided by the Secretary, a distribution with
respect to stock in a qualified investment entity which is not
a dividend and which results in a reduction in the adjusted
basis of such stock shall be treated as allocable to stock
acquired by the taxpayer in the order in which such stock was
acquired.
``(4) Qualified investment entity.--For purposes of this
subsection, the term `qualified investment entity' means--
``(A) a regulated investment company (within the
meaning of section 851), and
``(B) a real estate investment trust (within the
meaning of section 856).
``(f) Other Pass-Thru Entities.--
``(1) Partnerships.--
``(A) In general.--In the case of a partnership,
the adjustment made under subsection (a) at the
partnership level shall be passed through to the
partners.
``(B) Special rule in the case of section 754
elections.--In the case of a transfer of an interest in
a partnership with respect to which the election
provided in section 754 is in effect--
``(i) the adjustment under section
743(b)(1) shall, with respect to the transferor
partner, be treated as a sale of the
partnership assets for purposes of applying
this section, and
``(ii) with respect to the transferee
partner, the partnership's holding period for
purposes of this section in such assets shall
be treated as beginning on the date of such
adjustment.
``(2) S corporations.--In the case of an S corporation, the
adjustment made under subsection (a) at the corporate level
shall be passed through to the shareholders. This section shall
not apply for purposes of determining the amount of any tax
imposed by section 1374 or 1375.
``(3) Common trust funds.--In the case of a common trust
fund, the adjustment made under subsection (a) at the trust
level shall be passed through to the participants.
``(4) Indexing adjustment disregarded in determining loss
on sale of interest in entity.--Notwithstanding the preceding
provisions of this subsection, for purposes of determining the
amount of any loss on a sale or exchange of an interest in a
partnership, S corporation, or common trust fund, the
adjustment made under subsection (a) shall not be taken into
account in determining the adjusted basis of such interest.
``(g) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(h) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
``(i) Special Rules.--For purposes of this section--
``(1) Treatment of improvements, etc.--If there is an
addition to the adjusted basis of any tangible property or of
any stock in a corporation during the taxable year by reason of
an improvement to such property or a contribution to capital of
such corporation--
``(A) such addition shall never be taken into
account under subsection (c)(1)(A) if the aggregate
amount thereof during the taxable year with respect to
such property or stock is less than $1,000, and
``(B) such addition shall be treated as a separate
asset acquired at the close of such taxable year if the
aggregate amount thereof during the taxable year with
respect to such property or stock is $1,000 or more.
A rule similar to the rule of the preceding sentence shall
apply to any other portion of an asset to the extent that
separate treatment of such portion is appropriate to carry out
the purposes of this section.
``(2) Assets which are not indexed assets throughout
holding period.--The applicable inflation adjustment shall be
appropriately reduced for periods during which the asset was
not an indexed asset.
``(3) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(4) Section cannot increase ordinary loss.--To the extent
that (but for this paragraph) this section would create or
increase a net ordinary loss to which section 1231(a)(2)
applies or an ordinary loss to which any other provision of
this title applies, such provision shall not apply. The
taxpayer shall be treated as having a long-term capital loss in
an amount equal to the amount of the ordinary loss to which the
preceding sentence applies.
``(5) Acquisition date where there has been prior
application of subsection (a)(1) with respect to the
taxpayer.--If there has been a prior application of subsection
(a)(1) to an asset while such asset was held by the taxpayer,
the date of acquisition of such asset by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(j) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 1023 and by inserting
after the item relating to section 1022 the following new items:
``Sec. 1023. Indexing of certain assets for purposes of determining
gain or loss.
``Sec. 1024. Cross references.''.
(c) Effective Date.--The amendments made by this section shall
apply to indexed assets acquired by the taxpayer after December 31,
2018, in taxable years ending after such date. | Capital Gains Inflation Relief Act This bill amends the Internal Revenue Code to allow the adjusted basis of certain assets (including common stock in a C corporation and tangible property used in a trade or business) to be indexed for inflation for the purpose of determining the gain or loss of a taxpayer (other than a corporation) who has held the asset for more than three years. The bill sets forth rules for applying the inflation adjustment to: short sales; regulated investment companies; real estate investment trusts; other pass-through entities, including partnerships, S corporations, and common trust funds; dispositions between related persons; and improvements to property or contributions of capital. The Internal Revenue Service may disallow an adjustment if any person transfers cash, debt, or any other property to another person for the principal purpose of securing or increasing the adjustment allowed by this bill. | {"src": "billsum_train", "title": "Capital Gains Inflation Relief Act"} | 3,455 | 183 | 0.5165 | 1.311619 | 0.761657 | 2.830409 | 18.684211 | 0.877193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Children From Computer
Pornography Act of 1995''.
SEC. 2. TRANSMISSION BY COMPUTER OF INDECENT MATERIAL TO MINORS.
(a) Offenses.--Section 1464 of title 18, United States Code, is
amended--
(1) in the heading by striking ``Broadcasting obscene
language'' and inserting ``Utterance of indecent or profane
language by radio communication; transmission to minor of
indecent material from remote computer facility, electronic
communications service, or electronic bulletin board service'';
(2) by striking ``Whoever'' and inserting ``(a) Utterance
of Indecent or Profane Language by Radio Communication.--A
person who''; and
(3) by adding at the end the following:
``(b) Transmission to Minor of Indecent Material From Remote
Computer Facility, Electronic Communications Service, or Electronic
Bulletin Board Service Provider.--
``(1) Definitions.--As used in this subsection--
``(A) the term `remote computer facility' means a
facility that--
``(i) provides to the public computer
storage or processing services by means of an
electronic communications system; and
``(ii) permits a computer user to transfer
electronic or digital material from the
facility to another computer;
``(B) the term `electronic communications service'
means any wire, radio, electromagnetic, photo optical,
or photoelectronic system for the transmission of
electronic communications, and any computer facility or
related electronic equipment for the electronic storage
of such communications, that permits a computer user to
transfer electronic or digital material from the
service to another computer; and
``(C) the term `electronic bulletin board service'
means a computer system, regardless of whether operated
for commercial purposes, that exists primarily to
provide remote or on-site users with digital images, or
that exists primarily to permit remote or on-site users
to participate in or create on-line discussion groups
or conferences.
``(2) Transmission by remote computer facility operator,
electronic communications service provider, or electronic
bulletin board service provider.--A remote computer facility
operator, electronic communications service provider,
electronic bulletin board service provider who, with knowledge
of the character of the material, knowingly--
``(A) transmits or offers or attempts to transmit
from the remote computer facility, electronic
communications service, or electronic bulletin board
service provider a communication that contains indecent
material to a person under 18 years of age; or
``(B) causes or allows to be transmitted from the
remote computer facility, electronic communications
service, or electronic bulletin board a communication
that contains indecent material to a person under 18
years of age or offers or attempts to do so,
shall be fined in accordance with this title, imprisoned not
more than 5 years, or both.
``(3) Permitting access to transmit indecent material to a
minor.--Any remote computer facility operator, electronic
communications service provider, or electronic bulletin board
service provider who willfully permits a person to use a remote
computing service, electronic communications service, or
electronic bulletin board service that is under the control of
that remote computer facility operator, electronic
communications service provider, or electronic bulletin board
service provider, to knowingly or recklessly transmit indecent
material from another remote computing service, electronic
communications service, or electronic bulletin board service,
to a person under 18 years of age, shall be fined not more than
$10,000, imprisoned not more than 2 years, or both.''.
(b) Technical Amendment.--The item for section 1464 in the chapter
analysis for chapter 71 of title 18, United States Code, is amended to
read as follows:
``1464. Utterance of indecent or profane language by radio
communication; transmission to minor of
indecent material from remote computer
facility.''. | Protection of Children from Computer Pornography Act of 1995 - Amends the Federal criminal code to prohibit a remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider from knowingly transmitting, or willfully permitting use of his or her service or facility for transmission of, indecent material to a person under 18 years of age. | {"src": "billsum_train", "title": "Protection of Children From Computer Pornography Act of 1995"} | 884 | 78 | 0.636081 | 1.51785 | 0.504696 | 3.453125 | 12.515625 | 0.890625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wind Energy Research and Development
Act of 2009''.
SEC. 2. WIND ENERGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--The Secretary of Energy shall carry out a program
of research and development to--
(1) improve the energy efficiency, reliability, and
capacity of wind turbines;
(2) optimize the design and adaptability of wind energy
systems to the broadest practical range of atmospheric
conditions; and
(3) reduce the cost of construction, generation, and
maintenance of wind energy systems.
(b) Program.--The program under this section shall focus on
research and development of--
(1) new materials and designs to make larger, lighter, less
expensive, and more reliable rotor blades;
(2) technologies to improve gearbox performance and
reliability;
(3) automation, materials, and assembly of large-scale
components to reduce manufacturing costs;
(4) low-cost transportable towers greater than 100 meters
in height to capitalize on improved wind conditions at higher
elevations;
(5) advanced computational modeling tools to improve--
(A) the reliability of aeroelastic simulations of
wind energy systems;
(B) understanding of the interaction between each
wind turbine component;
(C) siting of wind energy systems to maximize
efficiency and minimize variable generation;
(D) integration of wind energy systems into the
existing electric grid to ensure reliability; and
(E) understanding of the wake effect between upwind
and downwind turbine operations;
(6) advanced control systems and blade sensors to improve
performance and reliability under a wide variety of wind
conditions;
(7) advanced generators, including--
(A) medium-speed and low-speed generators;
(B) direct-drive technology; and
(C) the use of advanced magnets in generator
rotors;
(8) wind technology for offshore applications;
(9) methods to assess and mitigate the effects of wind
energy systems on radar and electromagnetic fields;
(10) wind turbines with a maximum electric power production
capacity of 100 kilowatts or less;
(11) technical processes to enable--
(A) scalability of transmission from remotely
located renewable resource rich areas; and
(B) optimization of advanced infrastructure design,
including high voltage transmission; and
(12) other research areas as determined by the Secretary.
SEC. 3. WIND ENERGY DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Energy shall conduct a wind
energy demonstration program. In carrying out this section, the
Secretary shall ensure that--
(1) the program is of sufficient size and geographic
diversity to measure wind energy system performance under the
full productive range of wind conditions in the United States;
(2) demonstration projects carried out under this program
are--
(A) conducted in collaboration with industry and,
as appropriate, with academic institutions; and
(B) located in various geographic areas
representing various wind class regimes; and
(3) data collected from demonstration projects carried out
under this program is useful for carrying out section 2(b).
(b) Cost-Sharing.--The Secretary shall carry out the program under
this section in compliance with section 988(a) through (d) and section
989 of the Energy Policy Act of 2005 (42 U.S.C. 16352(a) through (d)
and 16353).
SEC. 4. EQUAL OPPORTUNITY.
In carrying out this Act, the Secretary of Energy shall--
(1) coordinate with the Office of Minority Economic Impact
and with the Office of Small and Disadvantaged Business
Utilization; and
(2) provide special consideration to applications submitted
by institutions, businesses, or entities containing majority
representation by individuals identified in section 33 or 34 of
the Science and Engineering Equal Opportunities Act (42 U.S.C.
1885a or 1885b).
SEC. 5. COMPETITIVE AWARDS.
Awards under section 2 and section 3 shall be made on a competitive
basis with an emphasis on technical merit.
SEC. 6. COORDINATION AND NONDUPLICATION.
To the maximum extent practicable the Secretary of Energy shall
coordinate activities under this Act with other programs of the
Department of Energy and other Federal research programs.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Energy
to carry out this Act $200,000,000 for each of the fiscal years 2010
through 2014.
Passed the House of Representatives September 9, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Wind Energy Research and Development Act of 2009 - Directs the Secretary of Energy to carry out a research and development program to: (1) improve the energy efficiency, reliability, and capacity of wind turbines; (2) optimize the design and adaptability of wind energy systems to the broadest practical range of atmospheric conditions; and (3) reduce the cost of construction, generation, and maintenance of such systems.
Directs the Secretary to conduct a wind energy demonstration program to measure wind energy system performance under the full productive range of wind conditions in the United States.
Requires awards under such programs to be made on a competitive basis with an emphasis on technical merit.
Requires the Secretary, in carrying out this Act, to: (1) coordinate with the Office of Minority Economic Impact and with the Office of Small and Disadvantaged Business Utilization; and (2) provide special consideration to applications submitted by institutions, businesses, or entities containing majority representation of women, minorities, or persons with disabilities in science and engineering.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for a program of wind energy research, development, and demonstration, and for other purposes."} | 966 | 216 | 0.679553 | 1.871702 | 0.841878 | 6.485149 | 4.569307 | 0.940594 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fund and Complete the Border Wall
Act''.
SEC. 2. BORDER WALL TRUST FUND.
(a) Establishment of Fund.--At the end of subchapter III of chapter
33 of title 31, United States Code, insert the following:
``Sec. 3344. Secure the Southern Border Fund.
``(a) In General.--Not later than 60 days after the date of
enactment of this section, the Secretary of the Treasury shall
establish an account in the Treasury of the United States, to be known
as the `Secure the Southern Border Fund', into which funds shall be
deposited in accordance with the Fund and Complete the Border Wall Act
and the amendments made by that Act.
``(b) Appropriation.--Funds deposited in the Secure the Southern
Border Fund shall be available until expended. Such funds are
authorized to be appropriated, and are appropriated, to the Secretary
of Homeland Security only--
``(1) to plan, design, construct, or maintain a barrier
along the international border between the United States and
Mexico; and
``(2) to purchase and maintain necessary vehicles and
equipment for U.S. Border Patrol agents.
``(c) Limitation.--Not more than 5 percent of the funds deposited
in the Secure the Southern Border Fund may be used for the purpose
described in subsection (b)(2).''.
(b) Clerical Amendment.--The table of contents for chapter 33 of
title 31, United States Code, is amended by inserting at the end the
following:
``3344. Secure the Southern Border Fund.''.
SEC. 3. BORDER CROSSING ACCOUNTABILITY AND SECURITY.
(a) Estimation of Annual Illegal Border Crossings.--Beginning with
the first fiscal year that begins after the date of the enactment of
this Act, not later than 30 days after the end of each fiscal year, the
Secretary of Homeland Security shall determine and report to the
Secretary of State and the Committees on the Judiciary of the House of
Representatives and of the Senate--
(1) the number of apprehensions that occurred during such
fiscal year of aliens who entered the United States by
illegally crossing the international land border between the
United States and Mexico; and
(2) the nationality of aliens described in paragraph (1).
(b) Reduction of Foreign Assistance.--
(1) In general.--Except as provided under paragraph (2),
the Secretary of State shall proportionately reduce the amount
of Federal financial assistance provided to a foreign state for
the fiscal year in which a report under subsection (a) is made
by a total of $2,000 for each alien described in such report
who is a citizen or national of that country.
(2) Exception.--Notwithstanding paragraph (1), the
Secretary of State may opt not to reduce the amounts
appropriated for the Government of Mexico from the
International Military Education and Training Fund, the
International Narcotics Control and Law Enforcement Fund, and
the fund to carry out nonproliferation, anti-terrorism,
demining, and related programs and activities.
(c) Transfer of Funds to Secure the Southern Border Fund.--The
Secretary of State, in consultation with the Secretary of Homeland
Security and the Secretary of the Treasury, shall transfer funds
described in subsection (b) into the Secure the Southern Border Fund
established by the amendment made by section 2 of this Act.
SEC. 4. FEES FOR CERTAIN REMITTANCE TRANSFERS.
Section 920 of the Electronic Fund Transfer Act (relating to
remittance transfers) (15 U.S.C. 1693o-1) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Secure the Southern Border Fund Fee.--
``(1) In general.--If the designated recipient of a
remittance transfer is located outside of the United States, a
remittance transfer provider shall collect from the sender of
such remittance transfer a remittance fee equal to 5 percent of
the United States dollar amount to be transferred.
``(2) Transfer of funds.--Not later than 90 days after the
date of enactment of this subsection, the Secretary of the
Treasury, in consultation with the Bureau and remittance
transfer providers, shall develop and make available a system
for remittance transfer providers to submit the remittance fees
collected in accordance with paragraph (1) to the Secure the
Southern Border Fund established under section 3344 of title
31, United States Code.
``(3) Penalties.--
``(A) Whoever, with the intent to evade a
remittance fee to be collected in accordance with this
subsection, and who has knowledge that, at the time of
a remittance transfer, the value of the funds involved
in the transfer will be further transferred to a
recipient located outside of the United States,
requests or facilitates such remittance transfer to a
recipient located outside of the United States shall be
subject to a penalty of not more than $500,000 or twice
the value of the funds involved in the remittance
transfer, whichever is greater, or imprisonment for not
more than 20 years, or both.
``(B) Any foreign country that, in the joint
determination of the Secretary of Homeland Security,
the Secretary of the Treasury, and the Secretary of
State, aids or harbors an individual conspiring to
avoid the fee collected in accordance with this
subsection shall be ineligible to receive foreign
assistance and to participate in the visa waiver
program or any other programs, at the discretion of the
Secretaries described in this subparagraph.''.
SEC. 5. FEES FOR FORM I-94.
(a) Fee Increase.--The Secretary of Homeland Security shall
increase the fee collected for services performed in processing U.S.
Customs and Border Protection Form I-94, Arrival/Departure Record, from
$6 to $25.
(b) Disposition of Fees Collected.--Notwithstanding any other
provision of law, including section 286(q) of the Immigration and
Nationality Act (8 U.S.C. 1356(q)), all fees collected for services
performed in processing U.S. Customs and Border Protection Form I-94
shall be allocated as follows:
(1) $6 shall be deposited in the Land Border Inspection Fee
Account and used in accordance with such section 286(q).
(2) To the extent provided in advance in appropriations
Acts, $10 shall be used for salaries for U.S. Border Patrol
agents.
(3) $9 shall be deposited in the Secure the Southern Border
Fund established by the amendment made by section 2 of this
Act.
SEC. 6. CONSTRUCTION OF BORDER WALL.
(a) Improvement of Barriers at Border.--Section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Division C
of Public Law 104-208; 8 U.S.C. 1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Not later than December 31, 2019, the Secretary
of Homeland Security shall take such actions as may be necessary
(including the removal of obstacles to detection of illegal entrants)
to design, test, construct, and install physical barriers, roads, and
technology along the international land border between the United
States and Mexico to prevent illegal crossings in all areas.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``Additional fencing'' and inserting
``Fencing'';
(ii) by striking subparagraph (A) and
inserting the following:
``(A) Physical barriers.--In carrying out
subsection (a), the Secretary of Homeland Security
shall construct physical barriers, including secondary
barriers in locations where there is already a fence,
along the international land border between the United
States and Mexico that will prevent illegal entry and
will assist in gaining operational control of the
border (as defined in section 2(b) of the Secure Fence
Act of 2006 (8 U.S.C. 1701 note; Public Law 109-
367)).'';
(iii) by striking subparagraph (B) and
redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(iv) in subparagraph (B), as so
redesignated--
(I) by striking clause (i) and
inserting the following:
``(i) In general.--In carrying out this
section, the Secretary of Homeland Security
shall, before constructing physical barriers in
a specific area or region, consult with the
Secretary of the Interior, the Secretary of
Agriculture, appropriate Federal, State, local,
and tribal governments, and appropriate private
property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life for the
communities and residents located near the
sites at which such physical barriers are to be
constructed. Nothing in this paragraph should
be construed to limit the Secretary of Homeland
Security's authority to move forward with
construction after consultation.'';
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause
(i), as amended, the following new
clause:
``(ii) Notification.--Not later than 60
days after the consultation required under
clause (i), the Secretary of Homeland Security
shall notify the Committees on the Judiciary of
the House of Representatives and of the Senate,
the Committee on Homeland Security of the House
of Representatives, and the Committee on
Homeland Security and Governmental Affairs of
the Senate of the type of physical barriers,
tactical infrastructure, or technology the
Secretary has determined is most practical and
effective to achieve situational awareness and
operational control in a specific area or
region and the other alternatives the Secretary
considered before making such a
determination.''; and
(v) by striking subparagraph (C), as so
redesignated, and inserting the following:
``(C) Limitation on requirements.--Notwithstanding
subparagraph (A), nothing in this paragraph shall
require the Secretary of Homeland Security to install
fencing, physical barriers, or roads, in a particular
location along the international border between the
United States and Mexico, if the Secretary determines
that there is a pre-existing geographical barrier or
pre-constructed, impenetrable wall. The Secretary must
notify the House and Senate Committees on the
Judiciary, the House Committee on Homeland Security,
and the Senate Committee on Homeland Security and
Governmental Affairs of any decision not to install
fencing in accordance with this provision within 30
days of a determination being made.'';
(B) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``fences'' and inserting
``physical barriers and roads''; and
(C) in paragraph (3)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``additional fencing'' and
inserting ``physical barriers and roads''; and
(3) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements the Secretary, in the
Secretary's sole discretion, determines necessary to ensure the
expeditious design, testing, construction, installation,
deployment, operation, and maintenance of physical barriers,
roads, and technology under this section. Any such decision by
the Secretary shall be effective upon publication in the
Federal Register.''.
(b) Achieving Operational Control on the Border.--Subsection (a) of
section 2 the Secure Fence Act of 2006 (8 U.S.C. 1701 note) is amended,
in the matter preceding paragraph (1), by striking ``18 months after
the date of the enactment of this Act'' and inserting ``December 31,
2019''.
SEC. 7. FAIR LABOR STANDARDS ACT FOR U.S. BORDER PATROL.
(a) In General.--Section 7 of the Fair Labor Standards Act of 1938
(29 U.S.C. 207) is amended by adding at the end the following:
``(s) Employment as a Border Patrol Agent.--No public agency shall
be deemed to have violated subsection (a) with respect to the
employment of any border patrol agent (as defined in section 5550(1) of
title 5, United States Code) if, during a work period of 14 consecutive
days, the border patrol agent receives compensation at a rate that is
not less than 150 percent of the regular rate at which the agent is
employed for all hours of work from 80 hours to 100 hours. Payments
required under this section shall be in addition to any payments made
under section 5550 of title 5, United States Code, and shall be made
notwithstanding any pay limitations set forth in that title.''.
(b) Technical and Conforming Amendments.--Section 13(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by striking
paragraph (18) and redesignating paragraph (19) as paragraph (18).
SEC. 8. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act, or an
amendment made by this Act, or the application of such provision to
other persons or circumstances, shall not be affected. | Fund and Complete the Border Wall Act This bill directs the Department of the Treasury to establish the Secure the Southern Border Fund to provide funds to the Department of Homeland Security (DHS) to: (1) construct a barrier along the U.S.-Mexico international border, and (2) purchase U.S. Border Patrol vehicles and equipment. DHS shall annually provide the Department of State and Congress with the number of apprehensions and nationality of aliens who illegally entered the United States through the U.S- Mexico land border. The bill reduces by $2,000 per alien the foreign assistance provided to the countries of nationality of such aliens and transfers such revenue to the fund. The State Department may opt to not reduce appropriations to Mexico for military, narcotics control, and anti-terrorism activities. The Electronic Fund Transfer Act is amended to establish a 5% foreign remittance fee to be transferred to the fund. A foreign country that aids an individual to avoid such fee shall be ineligible for foreign assistance and the visa waiver program. The bill increases the fee for the alien admission/departure I-94 form and transfers such revenue to the fund, the Land Border Inspection Fee account, and the Border Patrol. The bill directs DHS by December 31, 2019, to: (1) design and install physical barriers, roads, and technology along the the U.S.-Mexico international border to prevent illegal crossings; and (2) achieve operational control of the U.S. international land and maritime borders. The Fair Labor Standards Act of 1938 is amended to permit Border Patrol agents to receive overtime pay. | {"src": "billsum_train", "title": "Fund and Complete the Border Wall Act"} | 3,060 | 344 | 0.625953 | 1.852145 | 0.72414 | 2.405405 | 9.422297 | 0.878378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Energy Race to the Top
Initiative Act of 2013''.
SEC. 2. PURPOSE.
The purpose of this Act is to assist energy policy innovation in
the States to promote the goal of doubling electric and thermal energy
productivity by January 1, 2030.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means--
(A) a public power utility;
(B) an electric cooperative; and
(C) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)).
(2) State.--The term ``State'' has the meaning given the
term in section 3 of the Energy Policy and Conservation Act (42
U.S.C. 6202).
SEC. 4. PHASE 1: INITIAL ALLOCATION OF GRANTS TO STATES.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall issue an invitation to States to
submit plans to participate in an electric and thermal energy
productivity challenge in accordance with this section.
(b) Grants.--
(1) In general.--Subject to section 7, the Secretary shall
use funds made available under section 8(b)(1) to provide an
initial allocation of grants to not more than 25 States.
(2) Amount.--The amount of a grant provided to a State
under this section shall be not less than $1,000,000 nor more
than $3,500,000.
(c) Submission of Plans.--To receive a grant under this section,
not later than 90 days after the date of issuance of the invitation
under subsection (a), a State shall submit to the Secretary an
application to receive the grant by submitting a revised State energy
conservation plan under section 362 of the Energy Policy and
Conservation Act (42 U.S.C. 6322).
(d) Decision by Secretary.--
(1) In general.--Not later than 90 days after the
submission of revised State energy conservation plans under
subsection (c), the Secretary shall make a final decision on
the allocation of grants under this section.
(2) Basis.--The Secretary shall base the decision of the
Secretary under paragraph (1) on--
(A) plans for improvement in electric and thermal
energy productivity consistent with this Act; and
(B) other factors determined appropriate by the
Secretary, including geographic diversity.
(3) Ranking.--The Secretary shall--
(A) rank revised plans submitted under this section
in order of the greatest to least likely contribution
to improving energy productivity in a State; and
(B) provide grants under this section in accordance
with the ranking and the scale and scope of a plan.
(e) Plan Requirements.--A revised State energy conservation plan
submitted under subsection (c) shall provide--
(1) a description of the manner in which--
(A) energy savings will be monitored and verified;
(B) a statewide baseline of energy use and
potential resources for calendar year 2010 will be
established to measure improvements;
(C) the plan will promote achievement of energy
savings and demand reduction goals;
(D) public and private sector investments in energy
efficiency will be leveraged, including through banks,
credit unions, and institutional investors; and
(E) the plan will not cause cost-shifting among
utility customer classes or negatively impact low-
income populations; and
(2) an assurance that--
(A) the State energy office required to submit the
plan and the State public service commission are
cooperating and coordinating programs and activities
under this Act;
(B) the State is cooperating with local units of
government to expand programs as appropriate; and
(C) grants provided under this Act will be used to
supplement and not supplant Federal, State, or
ratepayer-funded programs or activities in existence on
the date of enactment of this Act.
(f) Uses.--A State may use grants provided under this section to
promote--
(1) the expansion of industrial energy efficiency, combined
heat and power, and waste heat-to-power utilization;
(2) the expansion of policies and programs that will
advance energy efficiency retrofits for public and private
commercial buildings, schools, hospitals, and residential
buildings (including multifamily buildings) through expanded
energy service performance contracts, zero net-energy
buildings, or improved building energy efficiency codes;
(3) the establishment or expansion of incentives in the
electric utility sector to enhance demand response and energy
efficiency, including consideration of additional incentives to
promote the purposes of section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), such as
appropriate, cost-effective heat and power and waste heat-to-
power incentives, financing of energy efficiency programs, data
use incentives, district heating, and regular energy audits;
and
(4) leadership by example, in which State activities
involving both facilities and vehicle fleets can be a model for
other action to promote energy efficiency and can be expanded
with Federal grants provided under this Act.
SEC. 5. PHASE 2: SUBSEQUENT ALLOCATION OF GRANTS TO STATES.
(a) Reports.--Not later than 18 months after the receipt of grants
under section 4, each State that received grants under section 4 may
submit to the Secretary a report that describes--
(1) the performance of the programs and activities carried
out with the grants; and
(2) the manner in which additional funds would be used to
carry out programs and activities to promote the purposes of
this Act.
(b) Grants.--
(1) In general.--Not later than 180 days after the date of
the receipt of the reports required under subsection (a),
subject to section 7, the Secretary shall use amounts made
available under section 8(b)(2) to provide grants to not more
than 6 States to carry out the programs and activities
described in subsection (a)(2).
(2) Amount.--The amount of a grant provided to a State
under this section shall be not more than $30,000,000.
(3) Basis.--The Secretary shall base the decision of the
Secretary to provide grants under this section on--
(A) the performance of the State in the programs
and activities carried out with grants provided under
section 4;
(B) the potential of the programs and activities
descried in subsection (a)(2) to achieve the purposes
of this Act;
(C) the desirability of maintaining a total project
portfolio that is geographically and functionally
diverse; and
(D) the amount of non-Federal funds that are
leveraged as a result of the grants to ensure that
Federal dollars are leveraged effectively.
SEC. 6. ALLOCATION OF GRANTS TO COVERED ENTITIES.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary shall invite covered entities to submit
plans to participate in an electric and thermal energy productivity
challenge in accordance with this section.
(b) Submission of Plans.--To receive a grant under this section,
not later than 90 days after the date of issuance of the invitation
under subsection (a), a covered entity shall submit to the Secretary a
plan to increase electric and thermal energy productivity by the
covered entity.
(c) Decision by Secretary.--
(1) In general.--Not later than 90 days after the
submission of plans under subsection (b), the Secretary shall
make a final decision on the allocation of grants under this
section.
(2) Basis.--The Secretary shall base the decision of the
Secretary under paragraph (1) on--
(A) plans for improvement in electric and thermal
energy productivity consistent with this Act;
(B) plans for continuation of the improvements
after the receipt of grants under this Act; and
(C) other factors determined appropriate by the
Secretary, including--
(i) geographic diversity;
(ii) size differences among covered
entities; and
(iii) equitable treatment of each sector
under this section.
SEC. 7. ADMINISTRATION.
(a) Independent Evaluation.--To evaluate program performance and
effectiveness under this Act, the Secretary shall consult with the
National Research Council regarding requirements for data and
evaluation for recipients of grants under this Act.
(b) Coordination With State Energy Conservation Programs.--
(1) In general.--Grants to States under this Act shall be
provided through additional funding to carry out State energy
conservation programs under part D of title III of the Energy
Policy and Conservation Act (42 U.S.C. 6321 et seq.).
(2) Relationship to state energy conservation programs.--
(A) In general.--A grant provided to a State under
this Act shall be used to supplement (and not supplant)
funds provided to the State under part D of title III
of the Energy Policy and Conservation Act (42 U.S.C.
6321 et seq.).
(B) Minimum funding.--A grant provided to a State
shall not be provided to a State for a fiscal year
under this Act if the amount of the grant provided to
the State for the fiscal year under part D of title III
of the Energy Policy and Conservation Act (42 U.S.C.
6321 et seq.) is less than $50,000,000.
(c) Voluntary Participation.--The participation of a State or
covered entity in a challenge established under this Act shall be
voluntary.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $200,000,000 for fiscal years 2014 through 2017.
(b) Allocation.--Of the total amount of funds made available under
subsection(a)--
(1) 30 percent shall be used to provide an initial
allocation of grants to States under section 4;
(2) 52\1/2\ percent shall be used to provide a subsequent
allocation of grants to States under section 5;
(3) 12\1/2\ percent shall be used to make grants to public
power utilities, electric cooperatives, and Indian tribes under
section 6; and
(4) 5 percent shall be available to the Secretary for the
cost of administration and technical support to carry out this
Act.
SEC. 9. OFFSET.
Section 422(f) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17082(f)) (as otherwise amended by this Act) is amended--
(1) in paragraph (4), by adding ``and'' after the semicolon
at the end; and
(2) by striking paragraph (5) through the period at the end
of the subsection and inserting:
``(5) $0 for each of fiscal years 2014 through 2017.''. | State Energy Race to the Top Initiative Act of 2013 - Requires the Secretary of Energy (DOE) to establish a voluntary electric and thermal energy productivity challenge grant program to provide support to no more than 25 states for: (1) expanding industrial energy efficiency, combined heat and power, and waste heat-to-power utilization; (2) expanding policies and programs that will advance energy efficiency retrofits for commercial buildings, schools, hospitals, and residential buildings through expanded energy service performance contracts, zero net-energy buildings, or improved building energy efficiency codes; (3) establishing or expanding incentives in the electric utility sector to enhance demand response and energy efficiency; and (4) supporting state activities involving both facilities and vehicle fleets than can be a model for other action to promote energy efficiency. Requires a state to submit to the Secretary a revised state energy conservation plan under the Energy Policy and Conservation Act in order to receive a grant. Authorizes the Secretary to provide grants to no more than six states to provide additional funds for activities to assist energy policy innovation in the states and to promote the goal of doubling electric and thermal energy productivity by January 1, 2030. Authorizes grants to be given to public power utilities, electric cooperatives, and Indian tribes. Amends the Energy Independence and Security Act of 2007 to revoke the authorization of appropriations for FY2014-FY2017 for the Zero Net Energy Commercial Buildings Initiative. | {"src": "billsum_train", "title": "State Energy Race to the Top Initiative Act of 2013"} | 2,306 | 299 | 0.567814 | 1.520814 | 0.682055 | 4.959559 | 7.996324 | 0.930147 |
SECTION 1. CREDIT FOR NEW QUALIFIED PLUG-IN HYBRID MOTOR VEHICLES.
(a) In General.--Subparagraph (A) of section 30B(d)(2) of the
Internal Revenue Code of 1986 (relating to credit amount for passenger
automobiles and light trucks) is amended to read as follows:
``(A) Credit amount for passenger automobiles and
light trucks.--
``(i) In general.--In the case of a new
qualified hybrid motor vehicle (other than a
new qualified plug-in hybrid motor vehicle)
which is a passenger automobile or light truck
and which has a gross vehicle weight rating of
not more than 8,500 pounds, the amount
determined under this paragraph is the sum of
the amounts determined under subclauses (I) and
(II).
``(I) Fuel economy.--The amount
determined under this subclause is the
amount which would be determined under
subsection (c)(2)(A) if such vehicle
were a vehicle referred to in such
subsection.
``(II) Conservation credit.--The
amount determined under this subclause
is the amount which would be determined
under subsection (c)(2)(B) if such
vehicle were a vehicle referred to in
such subsection.
``(ii) New qualified plug-in hybrid motor
vehicles.--In the case of a new qualified plug-
in hybrid motor vehicle which is a passenger
automobile or light truck and which has a gross
vehicle weight rating of not more than 8,500
pounds, the amount determined under this
paragraph is the sum of the amounts determined
under subclauses (I), (II), and (III).
``(I) Base amount.--The amount
determined under this subclause is
$3,000.
``(II) Flexible fuel.--In the case
of a vehicle which is warrantied by its
manufacturer to operate on a fuel
described in section 30C(c)(1)(A), the
amount determined under this subclause
is $150.
``(III) Power of traction
battery.--In the case of vehicle which
draws propulsion energy from a traction
battery of not less than 5 kWh, the
amount determined under this subclause
is $500, plus $250 for each kWh that
such battery exceeds 5 kWh. The amount
determined under this subclause shall
not exceed $3,000.''.
(b) New Qualified Plug-In Hybrid Motor Vehicle.--Subsection (d) of
section 30B of such Code is amended by adding at the end the following
new paragraph:
``(4) New qualified plug-in hybrid motor vehicle.--For
purposes of this subsection, the term `new qualified plug-in
hybrid motor vehicle' means any new qualified hybrid motor
vehicle which--
``(A) meets or exceeds the Bin 5 Tier II emission
standard established in regulations prescribed by the
Administrator of the Environmental Protection Agency
under section 202(i) of the Clean Air Act for that make
and model year vehicle,
``(B) draws propulsion energy from a traction
battery of not less than 4 kWh, and
``(C) is equipped with a means of recharging its
rechargeable energy storage system from an external
source of electricity.''.
(c) Application of Limitation on Number of Hybrids Eligible for
Credit.--
(1) In general.--Subsection (f) of section 30B of such Code
is amended by adding at the end the following new paragraph:
``(6) Separate application to new qualified plug-in hybrid
motor vehicles.--In the case of a new qualified plug-in hybrid
motor vehicle, this subsection shall be applied--
``(A) separately with respect to such vehicles by
treating only new qualified plug-in hybrid motor
vehicles as qualified vehicles,
``(B) by substituting `100,000' for `60,000' in
paragraph (2), and
``(C) by substituting `the date of the enactment of
paragraph (6)' for `December 31, 2005' in paragraph
(2).''.
(2) Conforming amendment.--Paragraph (5) of section 30B(f)
of such Code is amended by inserting ``other than a new
qualified plug-in hybrid motor vehicle'' after ``subsection
(d)(2)(A)''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date. | Amends the Internal Revenue Code to allow an alternative motor vehicle tax credit for new qualified plug-in hybrid motor vehicles. Defines such a vehicle as any new qualified hybrid motor vehicle that: (1) is a passenger automobile or light truck with a gross vehicle weight rating of not more than 8,500 pounds; (2) meets or exceeds the Bin 5 Tier II emission standard established by the Environmental Protection Agency; (3) draws propulsion energy from a traction battery of not less than 4 kWh; and (4) is equipped with a means of recharging its energy storage system from an external source of electricity. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a tax credit for new qualified plug-in hybrid motor vehicles."} | 994 | 129 | 0.543168 | 1.483491 | 0.544359 | 5.194915 | 7.533898 | 0.923729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sound Science in Risk Assessment
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) as of the date of enactment of this Act, approximately
$140,000,000,000 per year, over 2 percent of the annual gross
national product of the United States, is being spent on
environmental compliance, and the amount being spent is
expected to rise substantially;
(2) unfunded Federal environmental mandates are straining
the budgets of State and local governments and may diminish the
financial resources available for other important public
programs and services;
(3) an environmental risk assessment developed by the
Environmental Protection Agency is often perceived as not
containing sufficient scientific objectivity, absence of bias,
clarity, or consistency to serve as a sound and credible basis
for protecting public health and safety, determining
environmental protection needs and priorities, making
regulatory decisions, or allocating limited financial
resources; and
(4) Executive Order No. 12866 (5 U.S.C. 601 note; relating
to regulatory planning and review) requires a decision by a
Federal agency to be based on the best reasonably obtainable
scientific and technical information, and embodies the
principle of openness in government.
SEC. 3. RISK ASSESSMENT PRINCIPLES.
In accordance with this Act, the Administrator of the Environmental
Protection Agency (referred to in this Act as the ``Administrator'')
shall develop rules, proposed rules, and review procedures that provide
that--
(1) risk assessments shall be--
(A) consistent;
(B) of high technical quality;
(C) scientifically objective; and
(D) unbiased; and
(2) significant uncertainties regarding facts, scientific
knowledge, the validity of analytical techniques, or numerical
risk estimates are clearly disclosed in terms readily
understandable to the public.
SEC. 4. PROPOSED RULES.
(a) Proposed General Rules.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall issue, in accordance
with section 3, proposed rules that--
(1) set forth uniform general procedures governing risk
assessments conducted by the Environmental Protection Agency;
and
(2) incorporate, to the extent the Administrator considers
advisable, relevant guidelines existing prior to the issuance
of the proposed rules.
(b) Distinctive Approaches, Techniques, or Methodologies.--
(1) Proposed distinctive rules.--Not later than 1 year
after the date of enactment of this Act, the Administrator
shall issue, in accordance with section 3, proposed rules to
govern use of a distinctive type of risk assessment approach,
technique, or methodology. The rules shall specify the minimum
standard for a risk assessment approach that is appropriate for
the scale of the problem to be assessed, the level of
scientific understanding, and the available data.
(2) Use of distinctive approaches, techniques, or
methodologies.--In accordance with section 3, the Administrator
shall determine the distinctive types of risk assessment
approaches, techniques, or methodologies for which a proposed
rule will be issued pursuant to paragraph (1). The
Administrator shall include risk assessment approaches,
techniques, or methodologies that utilize epidemiological data.
In the case of an approach, a technique, or a methodology not
in use prior to the date of enactment of this Act, the
Administrator shall develop rules to govern the distinctive use
of the approach, technique, or methodology before using the
approach, technique, or methodology in a risk assessment.
SEC. 5. RISK ASSESSMENT REVIEW.
(a) Review Procedures.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue procedures, in
accordance with section 3, for the review and revision of a risk
assessment completed prior to the enactment of this Act or the issuance
of final risk assessment rules under section 6.
(b) Basis for Review.--
(1) Criteria for review.--A review of a risk assessment in
accordance with the procedures issued under subsection (a)
shall be conducted by the Administrator on the written petition
of a person if--
(A) the risk assessment is inconsistent with the
principles set forth in section 3;
(B) the risk assessment is inconsistent with a rule
issued under section 4; or
(C) the risk assessment does not take into account
significant new scientific data or scientific
understanding.
(2) Response to petition.--Not later than 60 days after
receiving a petition under paragraph (1), the Administrator
shall respond to the petition by agreeing or declining to
review the risk assessment referred to in the petition, and
shall state the basis for the decision.
(3) Judicial review.--Denial of a petition by the
Administrator shall be subject to judicial review in accordance
with chapter 7 of title 5, United States Code.
SEC. 6. FINAL RULES.
(a) Notice and Comment Procedures.--Not later than 270 days after
the date of enactment of this Act, in accordance with section 553 of
title 5, United States Code, the Administrator shall publish in the
Federal Register a list of risk assessment approaches, techniques, or
methodologies for which a rule shall be issued under subsection (b),
after taking into account comments by the public, Federal agencies,
States, municipalities, experts in the scientific community, and such
other persons as the Administrator considers advisable.
(b) Issuance of Final Rules.--Not later than 1 year after the date
of enactment of this Act, in accordance with sections 3 and 4 of this
Act and section 553 of title 5, United States Code, the Administrator
shall publish in the Federal Register final rules, after taking into
account comments by the public, Federal agencies, States,
municipalities, experts in the scientific community, and such other
persons as the Administrator considers advisable.
SEC. 7. PRIVATE RIGHTS OF ACTION PRECLUDED.
Nothing in this Act shall give rise to a private right of action
seeking damages against the United States or against an agency or
instrumentality of the United States. | Sound Science in Risk Assessment Act - Directs the Administrator of the Environmental Protection Agency (EPA) to develop rules and review procedures that provide that: (1) risk assessments are consistent, of high technical quality, scientifically objective, and unbiased; and (2) significant uncertainties regarding facts, scientific knowledge, the validity of analytical techniques, or numerical risk estimates are clearly disclosed in terms readily understandable to the public.
Requires the Administrator to issue proposed rules that: (1) set forth uniform general procedures governing risk assessments conducted by EPA and incorporate relevant guidelines existing prior to the issuance of such rules; and (2) govern use of a distinctive type of risk assessment approach, technique, or methodology.
Directs the Administrator to issue procedures for the review and revision of a risk assessment completed prior to this Act's enactment or the issuance of final risk assessment rules. Permits petitions to the Administrator to perform reviews under certain conditions.
Requires the Administrator to issue final rules for risk assessment approaches, techniques, or methodologies after taking into account comments by the public. | {"src": "billsum_train", "title": "Sound Science in Risk Assessment Act"} | 1,287 | 222 | 0.652897 | 1.921879 | 1.244212 | 4.880952 | 5.857143 | 0.919048 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Missile Protection Act of
1998''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The threat of weapons of mass destruction delivered by
long-range ballistic missiles is among the most serious
security issues facing the United States.
(A) In a 1994 Executive Order, President Clinton
certified, that ``I ... find that the proliferation of
nuclear, biological, and chemical weapons (`weapons of
mass destruction') and the means of delivering such
weapons, constitute an unusual and extraordinary threat
to the national security, foreign policy, and economy
of the United States, and hereby declare a national
emergency to deal with that threat.'' This state of
emergency was reaffirmed in 1995, 1996, and 1997.
(B) In 1994 the President stated, that ``there is
nothing more important to our security and the world's
stability than preventing the spread of nuclear weapons
and ballistic missiles''.
(C) Several countries hostile to the United States
have been particularly determined to acquire missiles
and weapons of mass destruction. President Clinton
observed in January of 1998, for example, that ``Saddam
Hussein has spent the better part of this decade, and
much of his nation's wealth, not on providing for the
Iraqi people, but on developing nuclear, chemical and
biological weapons and the missiles to deliver them''.
(D) In 1996, the Senate affirmed that, ``it is in
the supreme interest of the United States to defend
itself from the threat of limited ballistic missile
attack, whatever the source.''
(2) The long-range ballistic missile threat to the United
States is increasing.
(A) Several adversaries of the United States have
stated their intention to acquire intercontinental
ballistic missiles capable of attacking the United
States.
(i) Libyan leader Muammar Qaddafi has
stated, ``If they know that you have a
deterrent force capable of hitting the United
States, they would not be able to hit you. If
we had possessed a deterrent--missiles that
could reach New York--we would have hit it at
the same moment. Consequently, we should build
this force so that they and others will no
longer think about an attack.''
(ii) Abu Abbas, the head of the Palestine
Liberation Front, has stated, ``I would love to
be able to reach the American shore, but this
is very difficult. Someday an Arab country will
have ballistic missiles. Someday an Arab
country will have a nuclear bomb. It is better
for the United States and for Israel to reach
peace with the Palestinians before that day.''
(iii) Saddam Hussein has stated, ``Our
missiles cannot reach Washington. If we could
reach Washington, we would strike if the need
arose.''
(iv) Iranian actions speak for themselves.
Iran's aggressive pursuit of medium-range
ballistic missiles capable of striking Central
Europe--aided by the continuing collaboration
of outside agents--demonstrates Tehran's intent
to acquire ballistic missiles of ever-
increasing range.
(B) Over 30 non-NATO countries possess ballistic
missiles, with at least 10 of those countries
developing over 20 new types of ballistic missiles.
(C) From the end of World War II until 1980,
ballistic missiles were used in one conflict. Since
1980, thousands of ballistic missiles have been fired
in at least six different conflicts.
(D) The clear trend among countries hostile to the
United States is toward having ballistic missiles of
greater range.
(i) North Korea first acquired 300-
kilometer range Scud Bs, then developed and
deployed 500-kilometer range Scud Cs, is
currently deploying the 1000-kilometer range
No-Dong, and is developing the 2000-kilometer
range Taepo-Dong 1 and 6000-kilometer range
Taepo-Dong 2, which would be capable of
striking Alaska and Hawaii.
(ii) Iran acquired 150-kilometer range CSS-
8s, progressed through the Scud B and Scud C,
and is developing the 1300-kilometer range
Shahab-3 and 2000-kilometer range Shahab-4,
which would allow Iran to strike Central
Europe.
(iii) Iraq, in a two-year crash program,
produced a new missile, the Al-Hussein, with
twice the range of its Scud Bs.
(iv) Experience gained from extending the
range of short- and medium-range ballistic
missiles facilitates the development of
intercontinental ballistic missiles.
(E) The technical information, hardware, and other
resources necessary to build ballistic missiles are
increasingly available and accessible worldwide.
(i) Due to advances in information
technology, a vast amount of technical
information relating to ballistic missile
design, much of it formerly classified, has
become widely available and is increasingly
accessible through the Internet and other
distribution avenues.
(ii) Components, tools, and materials to
support ballistic missile development are
increasingly available in the commercial
aerospace industry.
(iii) Increasing demand for satellite-based
telecommunications is adding to the demand for
commercial Space Launch Vehicles, which employ
technology that is essentially identical to
that of intercontinental ballistic missiles. As
this increasing demand is met, the technology
and expertise associated with space launch
vehicles also proliferate.
(F) Russia and China have provided significant
technical assistance to rogue nation ballistic missile
programs, accelerating the pace of those efforts. In
June of 1997, the Director of Central Intelligence,
reporting to Congress on weapons of mass destruction-
related equipment, materials, and technology, stated
that ``China and Russia continued to be the primary
suppliers, and are key to any future efforts to stem
the flow of dual-use goods and modern weapons to
countries of concern.''
(G) Russia and China continue to engage in missile
proliferation.
(i) Despite numerous Russian assurances not
to assist Iran with its ballistic missile
program, the Deputy Assistant Secretary of
State for Nonproliferation testified to the
Senate, that ``the problem is this: there is a
disconnect between those reassurances, which we
welcome, and what we believe is actually
occurring.''
(ii) Regarding China's actions to
demonstrate the sincerity of its commitment to
nonproliferation, the Director of Central
Intelligence testified to the Senate on January
28, 1998, that, ``the jury is still out on
whether the recent changes are broad enough in
scope and whether they will hold over the
longer term. As such, Chinese activities in
this area will require continued close
watching.''
(H) The inability of the United States to defend
itself against weapons of mass destruction delivered by
long-range ballistic missile provides additional
incentive for hostile nations to develop long-range
ballistic missiles with which to threaten the United
States. Missiles are widely viewed as valuable tools
for deterring and coercing a vulnerable United States.
(3) The ability of the United States to anticipate future
ballistic missile threats is questionable.
(A) The Intelligence Community has failed to
anticipate many past technical innovations (for
example, Iraq's extended-range Al-Hussein missiles and
its development of a space launch vehicle) and outside
assistance enables rogue states to surmount traditional
technological obstacles to obtaining or developing
ballistic missiles of increasing range.
(B) In June of 1997, the Director of Central
Intelligence reported to Congress that ``many Third
World countries--with Iran being the most prominent
example--are responding to Western counter-
proliferation efforts by relying more on legitimate
commercial firms as procurement fronts and by
developing more convoluted procurement networks.''
(C) In June of 1997, the Director of Central
Intelligence stated to Congress that ``gaps and
uncertainties preclude a good projection of exactly
when `rest of the world' countries will deploy ICBMs.''
(D) In 1997, the Director of Central Intelligence
testified that Iran would have a medium-range missile
by 2007. One year later the Director stated, ``since I
testified, Iran's success in getting technology and
materials from Russian companies, combined with recent
indigenous Iranian advances, means that it could have a
medium-range missile much sooner than I assessed last
year.'' Department of State officials have testified
that Iran could be prepared to deploy such a missile as
early as late 1998, nine years earlier than had been
predicted one year before by the Director of Central
Intelligence.
(4) The failure to prepare adequately for long-range
ballistic missile threats could have severe national security
and foreign policy consequences for the United States.
(A) An attack on the United States by a ballistic
missile equipped with a weapon of mass destruction
could inflict catastrophic death or injury to citizens
of the United States and severe damage to their
property.
(B) A rogue state's ability to threaten the United
States with an intercontinental ballistic missile may
constrain the United States' options in dealing with
regional threats to its interests, deter the United
States from taking appropriate action, or prompt allies
to question United States security guarantees, thereby
weakening alliances of the United States and the United
States' world leadership position.
(5) The United States must be prepared for rogue nations
acquiring long-range ballistic missiles armed with weapons of
mass destruction.
(A) In its resolution of ratification for the START
II Treaty, the United States Senate declared that
``because deterrence may be inadequate to protect the
United States against long-range ballistic missile
threats, missile defenses are a necessary part of new
deterrent strategies.''
(B) In September of 1994, Secretary of Defense
Perry stated that in the post-Cold War era, ``we now
have opportunity to create a new relationship based not
on MAD, not on Mutual Assured Destruction, but rather
on another acronym, MAS, or Mutual Assured Safety.''
(C) On February 12, 1997, the Under Secretary of
Defense for Policy testified to the Senate that ``I and
the administration are quite willing to acknowledge
that if we saw a rogue state, a potential proliferant,
beginning to develop a long-range ICBM capable of
reaching the United States, we would have to give very,
very serious attention to deploying a limited national
missile defense.''
(6) The United States has no defense deployed against
weapons of mass destruction delivered by long-range ballistic
missiles and no policy to deploy such a national missile
defense system.
SEC. 3. NATIONAL MISSILE DEFENSE POLICY.
It is the policy of the United States to deploy as soon as is
technologically possible an effective National Missile Defense system
capable of defending the territory of the United States against limited
ballistic missile attack (whether accidental, unauthorized, or
deliberate). | American Missile Protection Act of 1998 - States as U.S. policy to deploy as soon as technologically possible an effective National Missile Defense system capable of defending U.S. territory against limited ballistic missile attack (whether accidental, unauthorized, or deliberate). | {"src": "billsum_train", "title": "American Missile Protection Act of 1998"} | 2,385 | 57 | 0.384361 | 0.955596 | 0.951486 | 5.318182 | 51.454545 | 0.954545 |
on the Budget.--The last
sentence of section 301(a) of the Congressional Budget Act of 1974 is
amended by inserting before the period the following: ``, but shall
separately set forth an estimate of benefit payments under the old-age,
survivors, and disability insurance programs under title II of the
Social Security Act for the fiscal year and each of the two ensuing
fiscal years''.
(b) Protection of OASDI Trust Funds.--Section 13302 of the Budget
Enforcement Act of 1990 is amended by inserting at the end the
following:
``(d) Point of Order.--It shall not be in order in the House of
Representatives to consider any bill or joint resolution, as reported,
amendment, or conference report the enactment of which would provide an
appropriation for a fiscal year for the expenses of administering the
old-age, survivors, and disability insurance programs under title II of
the Social Security Act in excess of 1.5 percent of the estimate of
benefit payments under those programs for that fiscal year set forth in
the most recently agreed to concurrent resolution on the budget.''.
SEC. 3. TECHNICAL CORRECTIONS RELATED TO OASDI IN THE OMNIBUS BUDGET
RECONCILIATION ACT OF 1990.
(a) Amendments Related to Provisions in Section 5103(b) Relating to
Disabled Widows.--Section 223(f)(2) of the Social Security Act (42
U.S.C. 423(f)(2)) is amended--
(1) in subparagraph (A), by striking ``(in a case to which
clause (ii)(II) does not apply)''; and
(2) by striking subparagraph (B)(ii) and inserting the
following:
``(ii) the individual is now able to engage
in substantial gainful activity; or''.
(b) Amendments Related to Provisions in Section 5105(d) Relating to
Representative Payees.--Section 5105(d)(1)(A) of the Omnibus Budget
Reconciliation Act of 1990 (Public Law 101-508) is amended--
(1) by striking ``Section 205(j)(5)'' and inserting
``Section 205(j)(6)''; and
(2) by redesignating the paragraph (5) as amended thereby
as paragraph (6).
(c) Amendments Related to Provisions in Section 5106 Relating to
Coordination of Rules Under Titles II and XVI Governing Fees for
Representatives of Claimants With Entitlements Under Both Titles.--
(1) Calculation of fee of claimant's representative based
on amount of past-due supplemental security income benefits
after application of windfall offset provision.--Section
1631(d)(2)(A)(i) of the Social Security Act (as amended by
section 5106(a)(2) of the Omnibus Budget Reconciliation Act of
1990) (42 U.S.C. 1383(d)(2)(A)(i)) is amended to read as
follows:
``(i) by substituting, in subparagraphs (A)(ii)(I) and
(C)(i), the phrase `(as determined before any applicable
reduction under section 1631(g), and reduced by the amount of
any reduction in benefits under this title or title II made
pursuant to section 1127(a))' for the parenthetical phrase
contained therein; and''.
(2) Calculation of past-due benefits for purposes of
determining attorney fees in judicial proceedings.--
(A) In general.--Section 206(b)(1) of such Act (42
U.S.C. 406(b)(1)) is amended--
(i) by inserting ``(A)'' after ``(b)(1)'';
and
(ii) by adding at the end the following new
subparagraph:
``(B) For purposes of this paragraph--
``(i) the term `past-due benefits' excludes any benefits
with respect to which payment has been continued pursuant to
subsection (g) or (h) of section 223, and
``(ii) amounts of past-due benefits shall be taken into
account to the extent provided under the rules applicable in
cases before the Secretary.''.
(B) Protection from offsetting ssi benefits.--The
last sentence of section 1127(a) of such Act (as added
by section 5106(b) of the Omnibus Budget Reconciliation
Act of 1990) (42 U.S.C. 1320a-6(a)) is amended by
striking ``section 206(a)(4)'' and inserting
``subsection (a)(4) or (b) of section 206''.
(3) Application of single dollar amount ceiling to
concurrent claims under titles ii and xvi.--
(A) In general.--Section 206(a)(2) of such Act (as
amended by section 5106(a)(1) of the Omnibus Budget
Reconciliation Act of 1990) (42 U.S.C. 406(a)(2)) is
amended--
(i) by redesignating subparagraph (C) as
subparagraph (D); and
(ii) by inserting after subparagraph (B)
the following new subparagraph:
``(C) In any case involving--
``(i) an agreement described in subparagraph (A) with any
person relating to both a claim of entitlement to past-due
benefits under this title and a claim of entitlement to past-
due benefits under title XVI, and
``(ii) a favorable determination made by the Secretary with
respect to both such claims,
the Secretary may approve such agreement only if the total fee or fees
specified in such agreement does not exceed, in the aggregate, the
dollar amount in effect under subparagraph (A)(ii)(II).''.
(B) Conforming amendment.--Section 206(a)(3)(A) of
such Act (as amended by section 5106(a)(1) of the
Omnibus Budget Reconciliation Act of 1990) (42 U.S.C.
406(a)(3)(A)) is amended by striking ``paragraph
(2)(C)'' and inserting ``paragraph (2)(D)''.
(d) Amendment Related to Provisions in Section 5115 Relating to
Advance Tax Transfers.--Section 201(a) of the Social Security Act (42
U.S.C. 401(a)) is amended in the last sentence by striking ``and'' the
second place it appears.
SEC. 4. EFFECTIVE DATE.
(a) Sections 1 and 2.--The amendments made by sections 1 and 2
shall apply to fiscal year 1994 and subsequent fiscal years.
(b) Section 3.--Each amendment made by section 3 shall take effect
as if included in the provisions of the Omnibus Budget Reconciliation
Act of 1990 to which such amendment relates. | Amends the Omnibus Budget Reconciliation Act of 1990 to exclude the administrative expenses of the old-age, survivors and disability insurance programs from Federal budget calculations. Exempts such expenses from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Makes technical and related corrections to the Congressional Budget Act of 1974, Social Security Act and the Omnibus Budget Reconciliation Act of 1990. | {"src": "billsum_train", "title": "To amend the Omnibus Budget Reconciliation Act of 1990 to clarify that the expenses of administering the Old Age, Survivors and Disability Insurance programs are not included in the budget of the United States Government, and for other purposes."} | 1,587 | 100 | 0.563275 | 1.278659 | 0.919588 | 2.419753 | 15.185185 | 0.790123 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Freedom of Information
Improvement Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the purpose of the Freedom of Information Act is to
require agencies of the Federal Government to make certain
agency information available for public inspection and copying
and to establish and enable enforcement of the right of any
person to obtain access to the records of such agencies
(subject to statutory exemptions) for any public or private
purpose;
(2) since the enactment of the Freedom of Information Act
in 1966, and the amendments enacted in 1974 and 1986, the
Freedom of Information Act has been a valuable means through
which any person can learn how the Federal Government operates;
(3) the Freedom of Information Act has led to the
disclosure of waste, fraud, abuse, and wrongdoing in the
Federal Government;
(4) the Freedom of Information Act has led to the
identification of unsafe consumer products, harmful drugs, and
serious health hazards;
(5) Government agencies increasingly use computers to
conduct agency business and to store publicly valuable agency
records and information; and
(6) Government agencies should use new technology to
enhance public access to agency records and information.
(b) Purposes.--The purposes of this Act are to--
(1) foster democracy by ensuring public access to agency
records and information;
(2) improve public access to agency records and
information;
(3) ensure agency compliance with statutory time limits;
and
(4) maximize the usefulness of agency records and
information collected, maintained, used, retained, and
disseminated by the Federal Government.
SEC. 3. PUBLIC INFORMATION AVAILABILITY.
Section 552(a)(1) of title 5, United States Code, is amended--
(1) in the first sentence by inserting ``by computer
telecommunications, or if computer telecommunications means are
not available, by other electronic means,'' after ``Federal
Register'';
(2) by striking out ``and'' at the end of subparagraph (D);
(3) by redesignating subparagraph (E) as subparagraph (F);
and
(4) by inserting after subparagraph (D) the following new
subparagraph:
``(E) a complete list of all statutes that the agency head
or general counsel relies upon to authorize the agency to
withhold information under subsection (b)(3) of this section,
together with a specific description of the scope of the
information covered; and''.
SEC. 4. MATERIALS MADE AVAILABLE IN ELECTRONIC FORMAT.
Section 552(a)(2) of title 5, United States Code, is amended--
(1) in the first sentence by inserting ``including, within
1 year after the date of the enactment of the Electronic
Freedom of Information Improvement Act of 1994, by computer
telecommunications, or if computer telecommunications means are
not available, by other electronic means,'' after ``copying'';
(2) in subparagraph (B) by striking out ``and'' after the
semicolon;
(3) in subparagraph (C) by inserting ``and'' after the
semicolon;
(4) by adding after subparagraph (C) the following new
subparagraphs:
``(D) an index of all major information systems
containing agency records regardless of form or format
unless such an index is provided as otherwise required
by law; and
``(E) a description of any new major information
system with a statement of how such system shall
enhance agency operations under this section;''; and
(5) in the third sentence by inserting ``and the extent of
such deletion shall be indicated on the portion of the record
which is made available or published at the place in the record
where such deletion was made'' after ``explained fully in
writing''.
SEC. 5. LIST OF RECORDS MADE AVAILABLE TO THE PUBLIC AND HONORING
FORMAT REQUESTS.
Section 552(a)(3) of title 5, United States Code, is amended by--
(1) inserting ``(A)'' after ``(3)'';
(2) striking out ``(A) reasonably'' and inserting in lieu
thereof ``(i) reasonably'';
(3) striking out ``(B)'' and inserting in lieu thereof
``(ii)''; and
(4) adding at the end thereof the following new
subparagraphs:
``(B) A list of all records which are made available to any
person under this paragraph shall be made available for public
inspection and copying as provided under paragraph (2) of this
subsection. Copies of all such records, regardless of form or
format, which because of the nature of their subject matter,
have become or are likely to become the subject of subsequent
requests under this paragraph for substantially the same
records, shall be made available for inspection and copying as
provided under paragraph (2) of this subsection.
``(C) An agency shall, as requested by any person, provide
records in any form or format in which such records are
maintained by that agency.
``(D) An agency shall make reasonable efforts to provide
records in the form or format requested by any person,
including in an electronic form or format, even where such
records are not usually maintained but are available in such
form or format.''.
SEC. 6. DELAYS.
(a) Fees.--Section 552(a)(4)(A) of title 5, United States Code, is
amended by adding at the end thereof the following new clause:
``(viii) If at an agency's request, the Comptroller General
determines that the agency annually has either provided responsive
documents or denied requests in substantial compliance with the
requirements of paragraph (6)(A), one-half of the fees collected under
this section shall be credited to the collecting agency and expended to
offset the costs of complying with this section through staff
development and acquisition of additional request processing resources.
The remaining fees collected under this section shall be remitted to
the Treasury as general funds or miscellaneous receipts.''.
(b) Payment of the Expenses of the Person Making a Request.--
Section 552(a)(4)(E) of title 5, United States Code, is amended by
adding at the end thereof the following new sentence: ``The court may
assess against the United States all out-of-pocket expenses incurred by
the person making a request, and reasonable attorney fees incurred in
the administrative process, in any case in which the agency has failed
to comply with the time limit provisions of paragraph (6) of this
subsection.''.
(c) Demonstration of Circumstances for Delay.--Section 552(a)(4)(E)
of title 5, United States Code, is further amended--
(1) by inserting ``(i)'' after ``(E)''; and
(2) by adding at the end thereof the following new clause:
``(ii) Any agency not in compliance with the time limits set forth
in this subsection shall demonstrate to a court that the delay is
warranted under the circumstances set forth under paragraph (6) (B) or
(C) of this subsection.''.
(d) Period for Agency Decision To Comply With Request.--Section
552(a)(6)(A)(i) is amended by striking out ``ten days'' and inserting
in lieu thereof ``twenty days''.
(e) Agency Backlogs.--Section 552(a)(6)(C) of title 5, United
States Code, is amended by inserting after the second sentence the
following: ``As used in this subparagraph, `exceptional circumstances'
shall be unforeseen and shall not include delays that result from a
predictable workload, including any ongoing agency backlog, in the
ordinary course of processing requests for records.''.
(f) Notification of Denial.--The fourth sentence of section
552(a)(6)(C) of title 5, United States Code, is amended to read: ``Any
notification of any full or partial denial of any request for records
under this subsection shall set forth the names and titles or positions
of each person responsible for the denial of such request and the total
number of denied records and pages considered by the agency to have
been responsive to the request.''.
(g) Multitrack FIFO Processing and Expedited Access.--Section
552(a)(6) of title 5, United States Code, is amended by adding at the
end thereof the following new subparagraphs:
``(D)(i) Each agency shall adopt a first-in, first-out (hereafter
in this subparagraph referred to as FIFO) processing policy in
determining the order in which requests are processed. The agency may
establish separate processing tracks for simple and complex requests
using FIFO processing within each track.
``(ii) For purposes of such a multitrack system--
``(I) a simple request shall be a request requiring 10 days
or less to make a determination on whether to comply with such
a request; and
``(II) a complex request shall be a request requiring more
than 10 days to make a determination on whether to comply with
such a request.
``(iii) A multitrack system shall not negate a claim of due
diligence under subparagraph (C), if FIFO processing within each track
is maintained and the agency can show that it has reasonably allocated
resources to handle the processing for each track.
``(E)(i) Each agency shall promulgate regulations, pursuant to
notice and receipt of public comment, providing that upon receipt of a
request for expedited access to records and a showing by the person
making such request of a compelling need for expedited access to
records, the agency shall determine within 5 days (excepting Saturdays,
Sundays, and legal public holidays) after the receipt of such a
request, whether to comply with such request. No more than 1 day after
making such determination the agency shall notify the person making a
request for expedited access of such determination, the reasons
therefor, and of the right to appeal to the head of the agency. A
request for records to which the agency has granted expedited access
shall be processed as soon as practicable. A request for records to
which the agency has denied expedited access shall be processed within
the time limits under paragraph (6) of this subsection.
``(ii) A person whose request for expedited access has not been
decided within 5 days of its receipt by the agency or has been denied
shall be required to exhaust administrative remedies. A request for
expedited access which has not been decided may be appealed to the head
of the agency within 7 days (excepting Saturdays, Sundays, and legal
public holidays) after its receipt by the agency. A request for
expedited access that has been denied by the agency may be appealed to
the head of the agency within 2 days (excepting Saturdays, Sundays, and
legal public holidays) after the person making such request receives
notice of the agency's denial. If an agency head has denied, affirmed a
denial, or failed to respond to a timely appeal of a request for
expedited access, a court which would have jurisdiction of an action
under paragraph (4)(B) of this subsection may, upon complaint, require
the agency to show cause why the request for expedited access should
not be granted, except that such review shall be limited to the record
before the agency.
``(iii) The burden of demonstrating a compelling need by a person
making a request for expedited access may be met by a showing, which
such person certifies under penalty of perjury to be true and correct
to the best of such person's knowledge and belief, that failure to
obtain the requested records within the timeframe for expedited access
under this paragraph would--
``(I) threaten an individual's life or safety;
``(II) result in the loss of substantial due process rights
and the information sought is not otherwise available in a
timely fashion; or
``(III) affect public assessment of the nature and
propriety of actual or alleged governmental actions that are
the subject of widespread, contemporaneous media coverage.''.
SEC. 7. COMPUTER REDACTION.
Section 552(b) of title 5, United States Code, is amended by
inserting before the period in the sentence following paragraph (9):
``, and the extent of such deletion shall be indicated on the released
portion of the record at the place in the record where such deletion
was made''.
SEC. 8. DEFINITIONS.
Section 552(f) of title 5, United States Code, is amended to read
as follows:
``(f) For purposes of this section--
``(1) the term `agency' as defined in section 551(1) of
this title includes any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of
the Government (including the Executive Office of the
President), or any independent regulatory agency;
``(2) the term `record' means all books, papers, maps,
photographs, machine-readable materials, or other information
or documentary materials, regardless of physical form or
characteristics; and
``(3) the term `search' means a manual or automated review
of agency records that is conducted for the purpose of locating
those records which are responsive to a request under
subsection (a)(3)(A) of this section.''. | Electronic Freedom of Information Improvement Act of 1994 - Amends the Freedom of Information Act (FOIA) to: (1) direct agencies to publish electronically by computer telecommunications (or by other electronic means if computer telecommunications means are unavailable) all information required to be published in the Federal Register, and make certain items available for public inspection and copying by such electronic means as well (including a list of all records made available to any person); (2) include among such required information an index of all information stored in an electronic form by the agency, a description of any new database, and a list of all statutes authorizing the agency to withhold information under such Act; (3) enable requesters to receive records in the format in which such records are maintained; (4) require reasonable efforts by the agency to provide records in an electronic format even when such records are not usually maintained in such format; (5) credit to agencies which have been found to be responsive to FOIA requests a percentage of the fees collected from such requests to offset compliance costs, at an agency's request; (6) provide for Government payment of the requester's out-of-pocket expenses in any case in which the agency has failed to comply with the FOIA request within prescribed time limits; (7) lengthen from ten to 20 days the period for agency decision to comply with a request for information; (8) preclude treatment of predictable workload (including any ongoing agency backlog) as unusual circumstances warranting extension of time limits; (9) require denial notifications to specify the total number of denied records and pages considered in responding to the FOIA request; (10) mandate agency regulations governing FOIA requests for expedited access, including a multitrack first-in, first-out processing policy for simple and complex requests); (11) require the extent of deletions to be indicated on the released portion of the record where they were made; and (12) define "record" to include all information or documentary materials regardless of physical form or characteristics, and "search" to include an automated examination to locate records. | {"src": "billsum_train", "title": "Electronic Freedom of Information Improvement Act of 1994"} | 2,970 | 439 | 0.50424 | 1.621809 | 0.745551 | 2.696822 | 6.770171 | 0.877751 |
That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2016, and for
other purposes, namely:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid and Heroin Epidemic Emergency
Supplemental Appropriations Act''.
TITLE I--LAW ENFORCEMENT PROGRAMS
DEPARTMENT OF JUSTICE
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and local law enforcement
assistance'', for the Edward Byrne Memorial Justice Assistance Grant
program as authorized by subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (except that section
1001(c), and the special rules for Puerto Rico under section 505(g) of
title I of such Act shall not apply for purposes of this Act) for
expenses relating to drug treatment and enforcement programs, law
enforcement programing, and drug addiction prevention and education
programs, $200,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
Community Oriented Policing Services
community oriented policing services programs
For an additional amount for ``Community Oriented Policing Services
Programs'' for competitive grants to State law enforcement agencies in
States with high rates of primary treatment admissions for heroin or
other opioids, $10,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(i)).
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration
substance abuse treatment
For an additional amount for ``Substance Abuse Treatment'',
$240,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)):
Provided further, That of the amount provided--
(1) $225,000,000 is for the Substance Abuse Prevention and
Treatment block grant program under subpart II of part B of
title XIX of the Public Health Service Act;
(2) $10,000,000 is for the Medication Assisted Treatment
for Prescription Drug and Opioid Addiction program of the
Programs of Regional and National Significance within the
Center for Substance Abuse Treatment; and
(3) $5,000,000 is for the Recovery Community Services
program of the Programs of Regional and National Significance
within the Center for Substance Abuse Treatment.
substance abuse prevention
For an additional amount for ``Substance Abuse Prevention'',
$20,000,000 for the Strategic Prevention Framework/Partnership for
Success Strategic Prevention Framework Rx of the Programs of Regional
and National Significance within the Center for Substance Abuse
Prevention, to remain available until expended: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
mental health
For an additional amount for ``Mental Health'' for the Project
AWARE program of the Programs of Regional and National Significance
within the Center for Mental Health Services, $5,000,000, to remain
available until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
Centers for Disease Control and Prevention
injury prevention and control
For an additional amount for ``Injury Prevention and Control'' for
expanding State-level prescription drug abuse prevention efforts such
as improving prescription drug monitoring programs, data collection,
and collaboration among States, $50,000,000, to remain available until
expended: Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(i)).
National Institutes of Health
national institute on drug abuse
For an additional amount for the ``National Institute on Drug
Abuse'' for carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $30,000,000, to remain
available until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
Office of the Secretary
public health and social services emergency fund
For an additional amount for the ``Public Health and Social
Services Emergency Fund'' to better coordinate and respond to the
national heroin and opioid drug abuse crisis at the discretion of the
Secretary of Health and Human Services, $40,000,000, to remain
available until expended: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). | Opioid and Heroin Epidemic Emergency Supplemental Appropriations Act This bill provides FY2016 supplemental appropriations for the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) to address heroin and opioid drug abuse. The funds are designated as an emergency requirement, which exempts the funds from discretionary spending limits and other budget enforcement rules. For DOJ, the bill provides funds for State and Local Law Enforcement Assistance and Community Oriented Policing Services (COPS) programs. For HHS, the bill provides funds for: the Substance Abuse and Mental Health Services Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, and the Public Health and Social Services Emergency Fund. | {"src": "billsum_train", "title": "Opioid and Heroin Epidemic Emergency Supplemental Appropriations Act"} | 1,330 | 163 | 0.551561 | 1.528435 | 0.696921 | 2.518248 | 7.664234 | 0.781022 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hypersonic Research Airplane
Authorization Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The timely development in the United States of a
single-stage-to-orbit, air-breathing aerospace plane is
expected to result in a major reduction of the cost of payload
delivery into space, and could therefore provide the United
States aerospace industry with a major competitive boost in
international markets in the twenty-first century.
(2) There are significant strategic advantages associated
with having access to a hypersonic aerospace plane.
(3) The recently restructured National Aerospace Plane
Program, under which the decision to design and construct an X-
30 aircraft has been indefinitely deferred, has lost sight of
the initial goal of the Program, which was the timely
development of a single-stage-to-orbit hypersonic research
airplane with an air-breathing engine and the capability to
take off and land from a runway.
(4) To provide the proper focus for the National Aerospace
Plane Program and to obtain sufficient data for the timely
development of a single-stage-to-orbit hypersonic aircraft, the
Program must include the development, in the near future, of a
hypersonic research airplane which will push the limits of the
flight envelope using existing technology.
(5) The timely deployment of a hypersonic research airplane
will decrease the overall technical uncertainty, size, and cost
of eventually building a single-stage-to-orbit airplane.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) The term ``National Aerospace Plane'' means an airplane
which--
(A) utilizes single-stage-to-orbit technology;
(B) relies on air-breathing propulsion to achieve
orbital speeds;
(C) utilizes technology with the potential to
reduce substantially the cost of delivery of payloads
to orbit; and
(D) can take off and land on a runway.
(2) The term ``hypersonic research airplane'' means an
airplane which--
(A) utilizes air-breathing propulsion and carries
no payload except for a pilot and necessary
instrumentation;
(B) is a precursor of the National Aerospace Plane
and is instrumented to collect hypersonic aerodynamic
and combustion data in the speed regime beyond Mach 8;
and
(C) extends flight envelope boundaries by flying at
speeds that push the limits of technology developed as
of the date of the enactment of this Act.
(3) The term ``single-stage-to-orbit'' means a technology
which enables an aircraft to fly into orbit from a runway
without expendable booster rockets.
(4) The term ``Secretary'' means the Secretary of Defense.
(5) The term ``Administrator'' means the Administrator of
the National Aeronautics and Space Administration.
(6) The term ``development'' means design, construction,
and initial testing.
SEC. 4. DEVELOPMENT OF A HYPERSONIC RESEARCH AIRPLANE.
(a) Submission of Plan.--Within 180 days after the date of the
enactment of this Act, the Secretary and the Administrator shall
jointly submit to the Congress a plan for the National Aerospace Plane
Program. In developing the plan, the Secretary and the Administrator
shall consider existing independent proposals which meet the purposes
of the plan. The plan shall--
(1) contain specific plans for the development of a
hypersonic research airplane that costs not more than
$5,000,000,000, and the first flight of which is within 5 years
after the date of the enactment of this Act; and
(2) have the objective of achieving single-stage-to-orbit
with the airplane referred to in paragraph (1) or with a
research aircraft that is the follow-on to such an airplane.
(b) Participation by Other Entities.--The Secretary and the
Administrator may enter into arrangements with Federal agencies,
States, universities, nonprofit entities, industry, international
sources, or other persons, or with consortia thereof, for participation
in the research, development, design, construction, and operation of
the hypersonic research airplane referred to in subsection (a)(1) and
the National Aerospace Plane, except that any such arrangement may not
jeopardize the strategic advantage to the United States to be gained
from the National Aerospace Plane Program.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary and the Administrator a total of
$5,000,000,000 for fiscal years 1995 through 2000 to carry out the plan
referred to in subsection (a). No funds appropriated pursuant to this
subsection may be obligated until 60 days after the submission of the
plan under subsection (a)(1). | Hypersonic Research Airplane Authorization Act of 1993 - Directs the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration to submit jointly to the Congress a plan for the National Aerospace Plane Program, including development plans (and capped costs) for a hypersonic research airplane. Authorizes specified appropriations. | {"src": "billsum_train", "title": "Hypersonic Research Airplane Authorization Act of 1993"} | 1,059 | 78 | 0.546156 | 1.341272 | 0.760057 | 3.684211 | 17.070175 | 0.877193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical Security and Right to Know
Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Federal Bureau of Investigation and the Agency for
Toxic Substances and Disease Registry believe that the
possibility of terrorist and criminal attacks on chemical
plants poses a serious threat to human health, safety, and the
environment;
(2) limiting public access to chemical accident information
does not address the underlying problem of the vulnerability of
chemical plants to criminal attack; on the contrary, providing
public access to chemical accident information may create
substantial incentives to reduce such vulnerability;
(3) there are significant opportunities to prevent criminal
attack on chemical plants by employing inherently safer
technologies in the manufacture and use of chemicals; such
technologies may offer industry substantial savings by reducing
the need for site security, secondary containment, buffer
zones, mitigation, and liability insurance;
(4) chemical plants have a general duty to design and
maintain safe facilities to prevent criminal activity that may
result in harm to human health, safety and the environment; and
(5) if the Attorney General determines that chemical plants
have not taken adequate actions to protect themselves from
criminal attack, the Attorney General must establish a program
to ensure that such actions are taken.
SEC. 3. PREVENTION OF CRIMINAL RELEASES.
(a) Purpose and General Duty.--Section 112(r)(1) of the Clean Air
Act (42 U.S.C. 7412(r)(1)) is amended by striking the second sentence
and inserting the following: ``Each owner and each operator of a
stationary source that produces, processes, handles, or stores such a
substance has a general duty in the same manner and to the same extent
as the duty imposed under section 5 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 654) to identify hazards that may result
from an accidental release or criminal release using appropriate hazard
assessment techniques, to ensure design and maintenance of safe
facilities taking such actions as are necessary to prevent accidental
releases and criminal releases, and to minimize the consequences of any
accidental release or criminal release that does occur.''.
(b) Definitions.--Section 112(r)(2) of the Clean Air Act (42 U.S.C.
7412(r)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Criminal release.--The term `criminal
release' means--
``(i) a release of a regulated substance
from a stationary source into the environment
that is caused, in whole or in part, by a
criminal act; and
``(ii) a release into the environment of a
regulated substance that has been removed from
a stationary source, in whole or in part, by a
criminal act.
``(C) Design and maintenance of safe facilities.--
The term `design and maintenance of safe facilities'
means, with respect to the facilities at a stationary
source, the practices of--
``(i) preventing or reducing the
vulnerability of the stationary source to a
release of a regulated substance through use of
inherently safer technology to the maximum
extent practicable;
``(ii) reducing any vulnerability of the
stationary source that remains after taking the
measures described in clause (i) through
secondary containment, control, or mitigation
equipment to the maximum extent practicable;
``(iii) reducing any vulnerability of the
stationary source that remains after taking the
measures described in clauses (i) and (ii) by--
``(I) making the facilities
impregnable to intruders to the maximum
extent practicable; and
``(II) improving site security and
employee training to the maximum extent
practicable; and
``(iv) reducing the potential consequences
of any vulnerability of the stationary source
that remains after taking the measures
described in clauses (i) through (iii) through
the use of buffer zones between the stationary
source and surrounding populations (including
buffer zones between the stationary source and
residences, schools, hospitals, senior centers,
shopping centers and malls, sports and
entertainment arenas, public roads and
transportation routes, and other population
centers).
``(D) Use of inherently safer technology.--
``(i) In general.--The term `use of
inherently safer technology' means use of a
technology, product, raw material, or practice
that, as compared to the technology, products,
raw materials, or practices currently in use--
``(I) reduces or eliminates the
possibility of release of a toxic,
volatile, corrosive, or flammable
substance prior to secondary
containment, control, or mitigation;
and
``(II) reduces or eliminates the
hazards to public health and the
environment associated with the release
or potential release of a substance
described in subclause (I).
``(ii) Inclusions.--The term `use of
inherently safer technology' includes input
substitution, process redesign, product
reformulation, procedure simplification, and
technology modification so as to--
``(I) use less hazardous or benign
substances;
``(II) moderate pressures or
temperatures;
``(III) reduce the likelihood and
potential consequences of human error;
``(IV) improve inventory control
and chemical use efficiency; and
``(V) reduce or eliminate storage,
transportation, and handling of
hazardous chemicals.''.
(c) Determination and Regulations.--Section 112(r) of the Clean Air
Act (42 U.S.C. 7412(r)) is amended by adding at the end the following:
``(12) Prevention of criminal releases.--
``(A) Determination of adequacy.--Not later than 1
year after the date of enactment of this paragraph, the
Attorney General, in consultation with the
Administrator, shall determine whether the owners or
operators of stationary sources have taken adequate
actions, including the design and maintenance of safe
facilities, to detect, prevent, and minimize the
consequences of criminal releases that may cause
substantial harm to public health, safety, and the
environment.
``(B) Chemical security regulations.--If the
Attorney General determines, under subparagraph (A),
that adequate actions have not been taken, the Attorney
General, in consultation with the Administrator, shall
promulgate, not later than 2 years after the date of
enactment of this paragraph, requirements to ensure
that owners or operators of stationary sources take
adequate actions, including the design and maintenance
of safe facilities, to detect, prevent, and minimize
the consequences of criminal releases that may cause
substantial harm to public health, safety, and the
environment.''.
(d) Public Right-to-Know.--Effective 3 years after the enactment of
this Act section 112(r)(7)(H) of the Clean Air Act is amended to read
as follows:
``(H) Public access to risk management plans.--The
Administrator shall make each risk management plan
submitted to the Administrator by an owner or operator
of a stationary source under subparagraph (B) available
to the public in electronic form on the Internet. The
Administrator shall also make a paper version of each
such plan available to the public at appropriate
offices of the Environmental Protection Agency and
permit members of the public to make copies of such
plan or any portion thereof.''.
SEC. 4. REGULATIONS.
The Administrator of the Environmental Protection Agency and the
Attorney General may promulgate such regulations as are necessary to
carry out this Act and the amendments made by this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator of the
Environmental Protection Agency and the Attorney General such sums as
are necessary to carry out this Act and the amendments made by this
Act, to remain available until expended. | Requires the Administrator of the Environmental Protection Agency to make risk management plans submitted by certain stationary source owners or operators publicly available. | {"src": "billsum_train", "title": "Chemical Security and Right to Know Act of 2000"} | 1,762 | 28 | 0.432474 | 1.097429 | 0.122703 | 3.083333 | 68.166667 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Privacy Breach
Notification Act of 2005''.
SEC. 2. TIMELY NOTIFICATION OF UNAUTHORIZED ACCESS TO PERSONAL
FINANCIAL INFORMATION.
Subtitle B of title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6821
et seq.) is amended--
(1) by redesignating sections 526 and 527 as sections 528
and 529, respectively; and
(2) by inserting after section 525 the following:
``SEC. 526. NOTIFICATION TO CUSTOMERS OF UNAUTHORIZED ACCESS TO
PERSONAL FINANCIAL INFORMATION.
``(a) Definitions.--In this section:
``(1) Breach.--The term `breach'--
``(A) means the unauthorized acquisition, or loss,
of computerized data or paper records which compromises
the security, confidentiality, or integrity of personal
financial information maintained by or on behalf of a
financial institution; and
``(B) does not include a good faith acquisition of
personal financial information by an employee or agent
of a financial institution for a business purpose of
the institution, if the personal financial information
is not subject to further unauthorized disclosure.
``(2) Personal financial information.--The term `personal
financial information' means the last name of an individual in
combination with any 1 or more of the following data elements,
when either the name or the data elements are not encrypted:
``(A) Social security number.
``(B) Driver's license number or State
identification number.
``(C) Account number, credit or debit card number,
in combination with any required security code, access
code, or password that would permit access to the
financial account of an individual.
``(b) Notification to Customers Relating to Unauthorized Access of
Personal Financial Information.--
``(1) Financial institution requirement.--In any case in
which there has been a breach of personal financial information
at a financial institution, or such a breach is reasonably
believed to have occurred, the financial institution shall
promptly notify--
``(A) each customer affected by the violation or
suspected violation;
``(B) each consumer reporting agency described in
section 603(p) of the Fair Credit Reporting Act (15
U.S.C. 1681a); and
``(C) appropriate law enforcement agencies, in any
case in which the financial institution has reason to
believe that the breach or suspected breach affects a
large number of customers, including as described in
subsection (e)(1)(C), subject to regulations of the
Federal Trade Commission.
``(2) Other entities.--For purposes of paragraph (1), any
person that maintains personal financial information for or on
behalf of a financial institution shall promptly notify the
financial institution of any case in which such customer
information has been, or is reasonably believed to have been,
breached.
``(c) Timeliness of Notification.--Notification required by this
section shall be made--
``(1) promptly and without unreasonable delay, upon
discovery of the breach or suspected breach; and
``(2) consistent with--
``(A) the legitimate needs of law enforcement, as
provided in subsection (d); and
``(B) any measures necessary to determine the scope
of the breach or restore the reasonable integrity of
the information security system of the financial
institution.
``(d) Delays for Law Enforcement Purposes.--Notification required
by this section may be delayed if a law enforcement agency determines
that the notification would impede a criminal investigation, and in any
such case, notification shall be made promptly after the law
enforcement agency determines that it would not compromise the
investigation.
``(e) Form of Notice.--Notification required by this section may be
provided--
``(1) to a customer--
``(A) in written notification;
``(B) in electronic form, if the notice provided is
consistent with the provisions regarding electronic
records and signatures set forth in section 101 of the
Electronic Signatures in Global and National Commerce
Act (15 U.S.C. 7001);
``(C) if the Federal Trade Commission determines
that the number of all customers affected by, or the
cost of providing notifications relating to, a single
breach or suspected breach would make other forms of
notification prohibitive, or in any case in which the
financial institution certifies in writing to the
Federal Trade Commission that it does not have
sufficient customer contact information to comply with
other forms of notification, in the form of--
``(i) an e-mail notice, if the financial
institution has access to an e-mail address for
the affected customer that it has reason to
believe is accurate;
``(ii) a conspicuous posting on the
Internet website of the financial institution,
if the financial institution maintains such a
website; or
``(iii) notification through the media that
a breach of personal financial information has
occurred or is suspected that compromises the
security, confidentiality, or integrity of
customer information of the financial
institution; or
``(D) in such other form as the Federal Trade
Commission may by rule prescribe; and
``(2) to consumer reporting agencies and law enforcement
agencies (where appropriate), in such form as the Federal Trade
Commission may prescribe, by rule.
``(f) Content of Notification.--Each notification to a customer
under subsection (b) shall include--
``(1) a statement that--
``(A) credit reporting agencies have been notified
of the relevant breach or suspected breach; and
``(B) the credit report and file of the customer
will contain a fraud alert to make creditors aware of
the breach or suspected breach, and to inform creditors
that the express authorization of the customer is
required for any new issuance or extension of credit
(in accordance with section 605(g) of the Fair Credit
Reporting Act); and
``(2) such other information as the Federal Trade
Commission determines is appropriate.
``(g) Compliance.--Notwithstanding subsection (e), a financial
institution shall be deemed to be in compliance with this section, if--
``(1) the financial institution has established a
comprehensive information security program that is consistent
with the standards prescribed by the appropriate regulatory
body under section 501(b);
``(2) the financial institution notifies affected customers
and consumer reporting agencies in accordance with its own
internal information security policies in the event of a breach
or suspected breach of personal financial information; and
``(3) such internal security policies incorporate
notification procedures that are consistent with the
requirements of this section and the rules of the Federal Trade
Commission under this section.
``(h) Civil Penalties.--
``(1) Damages.--Any customer injured by a violation of this
section may institute a civil action to recover damages arising
from that violation.
``(2) Injunctions.--Actions of a financial institution in
violation or potential violation of this section may be
enjoined.
``(3) Cumulative effect.--The rights and remedies available
under this section are in addition to any other rights and
remedies available under applicable law.
``(i) Rules of Construction.--
``(1) In general.--Compliance with this section by a
financial institution shall not be construed to be a violation
of any provision of subtitle (A), or any other provision of
Federal or State law prohibiting the disclosure of financial
information to third parties.
``(2) Limitation.--Except as specifically provided in this
section, nothing in this section requires or authorizes a
financial institution to disclose information that it is
otherwise prohibited from disclosing under subtitle A or any
other provision of Federal or State law.
``(j) Enforcement.--The Federal Trade Commission is authorized to
enforce compliance with this section, including the assessment of fines
for violations of subsection (b)(1).''.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect on the expiration of the date which is 6
months after the date of enactment of this Act. | Financial Privacy Breach Notification Act of 2005 - Amends the Gramm-Leach-Bliley Act to require a financial institution to promptly notify the following entities whenever a breach of personal information has occurred at such institution: (1) each customer affected by such breach; (2) certain consumer reporting agencies; and (3) appropriate law enforcement agencies.
Requires any person that maintains personal information for or on behalf of a financial institution to promptly notify the institution of any case in which such customer information has been breached. Prescribes notification procedures.
Authorizes a customer injured by a violation of this Act to institute a civil action to recover damages.
Authorizes the Federal Trade Commission to enforce compliance with this Act, including the assessment of fines for violations. | {"src": "billsum_train", "title": "A bill to require financial institutions and financial service providers to notify customers of the unauthorized use of personal financial information, and for other purposes."} | 1,780 | 165 | 0.615561 | 1.694175 | 0.747546 | 3.75 | 11.618056 | 0.958333 |
SECTION 1. REDESIGNATION OF TRANSITIONAL AREAS FOR 8-HOUR OZONE
STANDARD.
Section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) is amended
by adding the following new subparagraph at the end of paragraph (3):
``(G) In addition to the authority to redesignate
areas under other provisions of this paragraph, the
Administrator shall redesignate as transitional any
area that has been designated as nonattainment for the
8-hour ozone national primary or secondary ambient air
quality standard if--
``(i) the area consists of a single county;
``(ii) the county does not qualify as a
rural transport area under section 182(h)
solely by reason of the presence of an adjacent
standard metropolitan statistical area or
consolidated metropolitan statistical area;
``(iii) the county is not in the ozone
transport region established under section
184(a);
``(iv) the Governor of the State in which
the county is located, after consultation with
the State air pollution control agency (as
defined in section 302(b)), provides to the
Administrator a demonstration that ozone
control measures in effect for such county will
provide that such standard will be attained in
such county on or before the date on which
State implementation plan provisions are
required to be submitted for the attainment and
maintenance of such standard in the
nonattainment area; and
``(v) the Governor of the State in which
the county is located, after consultation with
the State air pollution control agency (as
defined in section 302(b)), makes a binding
commitment to the Administrator that--
``(I) the air pollution control
agency will (in addition to any other
analysis required under other
provisions of this Act) make a
determination regarding the lowest
achievable emission rate (LAER) that
would have applied to each major
stationary source constructed or
modified in the county concerned after
the date of the redesignation of the
county under this subparagraph if such
redesignation had not taken place; and
``(II) the air pollution control
agency will obtain emission offsets in
accordance with section 110(q)(2) for
ozone and ozone precursors emitted from
each source referred to in subclause
(I) if the county fails to attain the
8-hour ozone national primary or
secondary ambient air quality standard
on or before the date on which State
implementation plan provisions are
required to be submitted as provided in
clause (iv).
The Administrator shall make such redesignation
effective within 30 days after receiving such notice
from the Governor.''.
SEC. 2. STATE IMPLEMENTATION PLANS FOR TRANSITIONAL AREAS.
Section 110 of the Clean Air Act (42 U.S.C. 77410) is amended by
adding the following new subsection at the end thereof:
``(q) Transitional Areas.--
``(1) Subtitle C.--Each county redesignated as transitional
pursuant to section 107(d)(1)(G) shall be treated as an
attainment or unclassifiable area for purposes of the
prevention of significant deterioration provisions of part C of
this title.
``(2) Failure to attain.--No later than 3 years after the
redesignation of a county as transitional pursuant to
subparagraph (G) of section 107(d)(1), the Administrator shall
determine whether the county has attained the 8-hour national
primary and secondary standards for ozone. If the Administrator
determines that a county has not attained such standards--
``(A) the county shall be redesignated as
nonattainment within 1 year of the determination and
the State shall be required to submit, within 2 years
of such redesignation as nonattainment, a State
implementation plan revision for such county satisfying
the provisions of part D of this title; and
``(B) such plan revision shall require, in addition
to requirements applicable under other provisions of
this Act, that the State air pollution control agency
will provide offsets (for periods after the
redesignation of the county) in accordance with
paragraph (3) for emissions of ozone and ozone
precursors from each major stationary source
constructed or modified in the county after the date of
the redesignation of the county as transitional under
such subparagraph (G).
``(3) Amount and location of offsets.--The offsets required
under subparagraph (B) of paragraph (2) for each major
stationary source may be obtained from sources in proximity to
the area, in accordance with applicable guidance published by
the Administrator. Such offsets shall be equivalent in amount
to the difference between the following:
``(A) The emissions from the major stationary
source concerned.
``(B) The maximum emissions that would have been
emitted from that source under the applicable
requirments of this Act (including new source review)
if the county had not been redesignated as a
transitional area under section 107(d)(1)(G) for
purposes of the 8-hour national primary and secondary
standards for ozone.''. | Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to redesignate as transitional any area designated as a nonattainment area for the eight-hour ozone national primary or secondary ambient air quality standard (the standard) if: (1) the area is a single county; (2) the county does not qualify as a rural transport area because of an adjacent standard metropolitan statistical area or consolidated metropolitan statistical area; (3) the county is not in an established ozone transport region; (4) the Governor of the State demonstrates that ozone control measures in effect for the county will provide for attainment of the standard by the deadline for submission of applicable State Implementation Plan (SIP) provisions; and (5) the Governor makes a binding commitment that the State air pollution control agency will apply lowest achievable emission rate determinations to stationary sources as if the redesignation had not occurred and obtain emission offsets for ozone and ozone precursors for each such source if the standard is not met by the SIP deadline.
Requires each county redesignated as transitional to be treated as an attainment or unclassifiable area for purposes of provisions addressing the prevention of significant deterioration of air quality.
Directs the Administrator to review transitional counties within three years of redesignation and to redesignate as nonattainment those counties that have failed to attain the standard. Requires States to submit SIP revisions for such counties that provide for the emission offsets mandated by this Act. | {"src": "billsum_train", "title": "To amend the Clean Air Act to provide needed flexibility to States regarding the designation of certain counties as nonattainment areas for ozone under the 8-hour ozone standard, and for other purposes."} | 1,106 | 325 | 0.752574 | 2.21803 | 0.835975 | 2.768382 | 3.698529 | 0.886029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elementary and Secondary Counseling
Improvement Act of 2001''.
SEC. 2. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.
Section 10102 of title X of the Elementary and Secondary Education
Act of 1965 is amended to read as follows:
``SEC. 10102. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.
``(a) Findings.--Congress finds as follows:
``(1) The Surgeon General reported in January 2001 that 1
in 10 children suffer from mental illnesses severe enough to
impair development and fewer than 1 in 5 children get treatment
for mental illnesses.
``(2) The Surgeon General reported that the burden of
suffering by children with mental health needs and their
families has created a health crisis in this country. Growing
numbers of children are suffering needlessly because their
emotional, behavioral, and developmental needs are not being
met by the very institutions and systems that were created to
take care of them.
``(3) As a result of the concern about the failure of the
healthcare system to reach children and adolescents with mental
illnesses, there is currently great interest in developing new
models for the delivery of mental health and counseling
services that can reach underserved groups efficiently.
``(4) Schools are a sensible point of intervention because
of their central position in many children's lives and
development, especially when families are unable to assume a
leading role.
``(5) School-based mental health and counseling services
allow for the identification of children in need of treatment
much earlier in their development.
``(6) Establishing mental health and counseling services in
schools provides access to underserved youth with or at risk of
emotional or behavioral problems.
``(7) The Surgeon General's 2000 report on youth violence
concludes that effective treatment can divert a significant
proportion of delinquent and violent youths from future
violence and crime.
``(8) Mental health and counseling services can play an
important role in violence prevention on all levels, including
preventing problem behaviors from developing; identifying and
serving specific, at-risk populations; and reducing the
deleterious effects of violence on victims and witnesses.
``(9) An evaluation of the model program for the elementary
school counseling demonstration program established pursuant to
this section prior to the date of enactment of the Elementary
and Secondary Counseling Improvement Act of 2001 found that the
number of referrals to the principal's office decreased by
nearly half, the use of force, weapons, and threatening of
others also decreased, school suspensions were reduced, and
students felt safer.
``(10) The report produced by the Institute of Medicine,
`Schools and Health: Our Nation's Investment', recommended a
student-to-school counselor ratio of 250:1, student-to-school
psychologist ratio of 1000:1, and a student-to-school social
worker ratio of 800:1. The United States average student-to-
counselor ratio is 551:1. Ratios for school psychologists and
school social workers also exceed the recommended levels.
``(b) Grants Authorized.--
``(1) In general.--The Secretary may use funds provided
under this section to award grants to local educational
agencies to enable such agencies to establish or expand
elementary and secondary school counseling programs which meet
the requirements of subsection (c).
``(2) Priority.--In awarding grants under this section, the
Secretary shall give special consideration to applications
describing programs which--
``(A) demonstrate the greatest need for new or
additional counseling services among children in the
schools served by the applicant, in part, by providing
information on current ratios of students to school
counselors, students to school social workers, and
students to school psychologists;
``(B) propose the most promising and innovative
approaches for initiating or expanding school
counseling; and
``(C) show the greatest potential for replication
and dissemination.
``(3) Equitable distribution.--In awarding grants under
this section, the Secretary shall ensure an equitable
geographic distribution among the regions of the United States
and among urban, suburban, and rural local educational
agencies.
``(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
``(5) Maximum grant.--A grant awarded under this program
shall not exceed $400,000 for any fiscal year.
``(6) Supplement.--Assistance made available under this
section shall be used to supplement, and may not supplant,
other Federal, State, or local funds used for providing school-
based counseling and mental health services to students.
``(c) Requirements for Counseling Programs.--Each program funded
under this section shall--
``(1) be comprehensive in addressing the counseling and
educational needs of all students;
``(2) use a developmental, preventive approach to
counseling;
``(3) increase the range, availability, quantity, and
quality of counseling services in the elementary and secondary
schools of the local educational agency;
``(4) expand counseling services through qualified school
counselors, school psychologists, school social workers, and
child and adolescent psychiatrists;
``(5) use innovative approaches to increase children's
understanding of peer and family relationships, work and self,
decisionmaking, or academic and career planning, or to improve
peer interaction;
``(6) provide counseling services in settings that meet the
range of needs of students;
``(7) include inservice training, including training for
teachers in appropriate identification and intervention
techniques for disciplining and teaching students at risk of
violent behavior, by school counselors, school psychologists,
school social workers, and child and adolescent psychiatrists;
``(8) involve parents of participating students in the
design, implementation, and evaluation of a counseling program;
``(9) involve community groups, social service agencies, or
other public or private entities in collaborative efforts to
enhance the program;
``(10) evaluate annually the effectiveness and outcomes of
the counseling services and activities assisted under this
section;
``(11) ensure a team approach to school counseling in the
elementary and secondary schools of the local educational
agency by working toward ratios recommended by the American
School Health Association of one school counselor to 250
students, one school social worker to 800 students, and one
school psychologist to 1,000 students; and
``(12) ensure that school counselors, school psychologists,
school social workers, or child and adolescent psychiatrists
paid from funds made available under this section spend a
majority of their time at the school in activities directly
related to the counseling process.
``(d) Limit on Administration.--Not more than 3 percent of the
amounts made available under this section in any fiscal year may be
used for administrative costs to carry out this section.
``(e) Definitions.--For purposes of this section--
``(1) the term `school counselor' means an individual who
has documented competence in counseling children and
adolescents in a school setting and who--
``(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
``(B) in the absence of such State licensure or
certification, possesses national certification in
school counseling or a specialty of counseling granted
by an independent professional organization; or
``(C) holds a minimum of a master's degree in
school counseling from a program accredited by the
Council for Accreditation of Counseling and Related
Educational Programs or the equivalent;
``(2) the term `school psychologist' means an individual
who--
``(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of
higher education and has completed 1,200 clock hours in
a supervised school psychology internship, of which 600
hours shall be in the school setting;
``(B) possesses State licensure or certification in
the State in which the individual works; or
``(C) in the absence of such State licensure or
certification, possesses national certification by the
National School Psychology Certification Board;
``(3) the term `school social worker' means an individual
who--
``(A) holds a master's degree in social work from a
program accredited by the Council on Social Work
Education; and
``(B) is licensed or certified by the State in
which services are provided; or
``(C) in the absence of such State licensure or
certification, possesses a national credential or
certification as a `school social work specialist'
granted by an independent professional organization;
and
``(4) the term `child and adolescent psychiatrist' means an
individual who--
``(A) possesses State medical licensure; and
``(B) has completed residency training programs in
general and child and adolescent psychiatry.
``(f) Report.--Not later than 1 year after assistance is made
available under this section, the Secretary shall make publicly
available the information from applicants regarding the ratios of
students to school counselors, students to school social workers, and
students to school psychologists.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for fiscal year
2002 and such sums as may be necessary for each of the 4 succeeding
fiscal years. | Elementary and Secondary Counseling Improvement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies to establish or expand elementary and secondary school counseling programs. | {"src": "billsum_train", "title": "To amend title X of the Elementary and Secondary Education Act of 1965 to provide for elementary and secondary school counseling programs."} | 1,994 | 47 | 0.427598 | 1.056048 | 0.58163 | 4.380952 | 46.285714 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Readiness Enhancement Act
of 2005''.
SEC. 2. PURPOSE.
The purpose of this Act is to institute in the Armed Forces a
policy of nondiscrimination based on sexual orientation.
SEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEXUALITY IN THE ARMED
FORCES.
The following provisions of law are repealed:
(1) Section 654 of title 10, United States Code.
(2) Subsections (b), (c), and (d) of section 571 of the
National Defense Authorization Act for Fiscal Year 1994 (10
U.S.C. 654 note).
SEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINATION BASED ON SEXUAL
ORIENTATION IN THE ARMED FORCES.
(a) Establishment of Policy.--(1) Chapter 37 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 656. Policy of nondiscrimination based on sexual orientation
``(a) Policy.--The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy, may not discriminate on the basis
of sexual orientation against any member of the armed forces or against
any person seeking to become a member of the armed forces.
``(b) Discrimination on Basis of Sexual Orientation.--For purposes
of this section, discrimination on the basis of sexual orientation is--
``(1) in the case of a member of the armed forces, the
taking of any personnel or administrative action (including any
action relating to promotion, demotion, evaluation, selection
for an award, selection for a duty assignment, transfer, or
separation) in whole or in part on the basis of sexual
orientation; and
``(2) in the case of a person seeking to become a member of
the armed forces, denial of accession into the armed forces in
whole or in part on the basis of sexual orientation.
``(c) Personnel and Administrative Policies and Action.--The
Secretary of Defense, and the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as a service in the
Navy, may not establish, implement, or apply any personnel or
administrative policy, or take any personnel or administrative action
(including any policy or action relating to promotions, demotions,
evaluations, selections for awards, selections for duty assignments,
transfers, or separations) in whole or in part on the basis of sexual
orientation.
``(d) Rules and Policies Regarding Conduct.--Nothing in this
section prohibits the Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy, from prescribing or enforcing
regulations governing the conduct of members of the armed forces if the
regulations are designed and applied without regard to sexual
orientation.
``(e) Re-Accession of Otherwise Qualified Persons Permitted.--Any
person separated from the armed forces for homosexuality, bisexuality,
or homosexual conduct in accordance with laws and regulations in effect
before the date of the enactment of this section, if otherwise
qualified for re-accession into the armed forces, shall not be
prohibited from re-accession into the armed forces on the sole basis of
such separation.
``(f) Sexual Orientation.--In this section, the term `sexual
orientation' means heterosexuality, homosexuality, or bisexuality,
whether the orientation is real or perceived, and includes statements
and consensual sexual conduct manifesting heterosexuality,
homosexuality, or bisexuality.''.
(2) The table of sections at the beginning of such chapter is
amended--
(A) by striking the item relating to section 654; and
(B) by adding at the end the following new item:
``656. Policy of nondiscrimination based on sexual orientation in the
armed forces.''.
(b) Conforming Amendments.--Title 10, United States Code, is
amended as follows:
(1) Section 481 is amended--
(A) In subsection (a)(2), by inserting ``,
including sexual orientation discrimination,'' after
``discrimination'' in subparagraphs (C) and (D); and
(B) in subsection (c), by inserting ``and sexual
orientation-based'' after ``gender-based''.
(2) Section 983(a)(1) is amended by striking ``(in
accordance with section 654 of this title and other applicable
Federal laws)''.
(3) Section 1034(i)(3) is amended by inserting ``sexual
orientation,'' after ``sex,''.
SEC. 5. BENEFITS.
Nothing in this Act, or the amendments made by this Act, shall be
construed to require the furnishing of dependent benefits in violation
of section 7 of title 1, United States Code (relating to the
definitions of ``marriage'' and ``spouse'' and referred to as the
``Defense of Marriage Act'' ).
SEC. 6. NO PRIVATE CAUSE OF ACTION FOR DAMAGES.
Nothing in this Act, or the amendments made by this Act, shall be
construed to create a private cause of action for damages.
SEC. 7. REGULATIONS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall revise Department
of Defense regulations, and shall issue such new regulations as may be
necessary, to implement section 656 of title 10, United States Code, as
added by section 4(a). The Secretary of Defense shall further direct
the Secretary of each military department to revise regulations of that
military department in accordance with section 656 of title 10, United
States Code, as added by section 4(a), not later than 180 days after
the date of the enactment of this Act. Such revisions shall include the
following:
(1) Revision of all equal opportunity and human relations
regulations, directives, and instructions to add sexual
orientation nondiscrimination to the Department of Defense
Equal Opportunity policy and to related human relations
training programs.
(2) Revision of Department of Defense and military
department personnel regulations to eliminate procedures for
involuntary discharges based on sexual orientation.
(3) Revision of Department of Defense and military
department regulations governing victims' advocacy programs to
include sexual orientation discrimination among the forms of
discrimination for which members of the Armed Forces and their
families may seek assistance.
(b) Regulation of Conduct.--The Secretary of Defense, and the
Secretary of Homeland Security with respect to the Coast Guard when it
is not operating as a service in the Navy, shall ensure that
regulations governing the personal conduct of members of the Armed
Forces shall be written and enforced without regard to sexual
orientation.
(c) Definition.--In this section, the term ``sexual orientation''
has the meaning given that term in section 656(f) of title 10, United
States Code, as added by section 4(a). | Military Readiness Enhancement Act of 2005 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces.
Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct.
Requires such Secretaries to ensure that regulations governing the personal conduct of members of the Armed Forces are written and enforced without regard to sexual orientation. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to enhance the readiness of the Armed Forces by replacing the current policy concerning homosexuality in the Armed Forces, referred to as \"Don't Ask, Don't Tell\", with a policy of nondiscrimination on the basis of sexual orientation."} | 1,605 | 164 | 0.570905 | 1.50515 | 0.812149 | 6.207692 | 10.976923 | 0.930769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Safety Enhancements Act of
2008''.
TITLE I--ELEMENTARY AND SECONDARY EDUCATION SAFETY ENHANCEMENTS
SEC. 101. GRANT PROGRAM FOR SCHOOL SECURITY.
Section 2701 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``Placement'' and inserting
``Installation''; and
(ii) by inserting ``surveillance
equipment,'' after ``detectors,'';
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following:
``(5) Establishment of hotlines or tiplines for the
reporting of potentially dangerous students and situations.'';
(2) by striking subsection (d)(1) and inserting the
following:
``(1) The Federal share of the costs of a program provided
by a grant under subsection (a) shall be not more than 80
percent of the total of such costs.''; and
(3) by adding at the end the following:
``(g) Interagency Task Force.--Not later than 60 days after the
date of enactment of the School Safety Enhancements Act of 2008, the
Director and the Secretary of Education, or the designee of the
Secretary, shall establish an interagency task force to develop and
promulgate a set of advisory school safety guidelines. The advisory
school safety guidelines shall be published in the Federal Register by
not later than one year after such date of enactment. In developing the
final advisory school safety guidelines, the interagency task force
shall consult with stakeholders and interested parties, including
parents, teachers, and agencies.''.
SEC. 102. APPLICATIONS.
Section 2702(a)(2) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read as follows:
``(2) be accompanied by a report, signed by the chief
education officer and the attorney general or other chief law
enforcement executive of the State, unit of local government,
or Indian tribe, certifying that each proposed use of the grant
funds will be--
``(A) an effective means for improving the safety
of one or more schools;
``(B) consistent with a comprehensive approach to
preventing school violence; and
``(C) individualized to the needs of each school at
which those improvements are to be made.''.
SEC. 103. ANNUAL REPORT TO CONGRESS.
Section 2703 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797c) is amended by striking ``and the activities for
which those funds were used'' and inserting ``and a detailed
itemization of how those funds were utilized''.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
Section 2705 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797e) is amended by striking ``$30,000,000 for each of
fiscal years 2001 through 2009'' and inserting ``$50,000,000 for each
of the fiscal years 2009 and 2010''.
SEC. 105. ADDITIONAL AMENDMENT.
Paragraph (5) of section 2701(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797a(b)) (as amended by section
101 of this Act) is further amended by inserting ``, including
hazardous conditions'' after ``and situations''.
SEC. 106. ADDITIONAL AMENDMENT TO THE GRANT PROGRAM FOR SCHOOL
SECURITY.
Section 2701(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797a(b)) (as amended by sections 101 and 105 of
this Act) is further amended by inserting after paragraph (4) the
following new paragraph (and redesignating the succeeding paragraphs
accordingly):
``(5) Development and implementation of safety measures to
protect students in the event of a terrorist attack or other
hazardous condition or situation.''.
TITLE II--HIGHER EDUCATION SECURITY ENHANCEMENT
SEC. 201. REQUIREMENT FOR CAMPUS SAFETY ASSESSMENTS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by adding at the end the following:
``(n) Campus Safety Assessment.--Each eligible institution
participating in any program under this title shall conduct an annual
campus safety assessment that shall be prepared through consultation
between the institution's staff, including safety and security
personnel, and local law enforcement officials.''.
SEC. 202. REQUIREMENT FOR CAMPUS EMERGENCY RESPONSE PLANS.
Section 485 of the Higher Education Act of 1965, as amended in
section 201 (20 U.S.C. 1092), is further amended by adding at the end
the following:
``(o) Campus Emergency Response Plan.--Each eligible institution
participating in any program under this title shall develop and
implement a campus emergency response plan to address a comprehensive
set of emergency situations, including the following:
``(1) Natural disasters.
``(2) Active shooter situations.
``(3) Terrorist attacks.''.
Passed the House of Representatives September 17, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | School Safety Enhancements Act of 2008 - Title I: Elementary and Secondary Education Safety Enhancements - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow matching grants to states, localities, and Indian tribes for public elementary and secondary school security to be used for: (1) installing and using surveillance equipment in schools; (2) developing and implementing safety measures to protect students in the event of a terrorist attack or other hazardous condition or situation; and (3) establishing hotlines or tiplines for reporting potentially dangerous students and situations, including hazardous conditions.
Increases the maximum federal share of program costs from 50% to 80%.
Requires the Director of the Bureau of Justice Assistance and the Secretary of Education to establish an interagency task force to develop and promulgate advisory school safety guidelines.
Requires grant applicants to include in their applications a report, signed by their chief education officer and attorney general or other chief law enforcement executive, certifying that the security measures to be funded: (1) will effectively improve school safety; (2) fit into a comprehensive approach to preventing school violence; and (3) are individualized to the needs of each school at which they are to be implemented.
Authorizes appropriations for such grant program for FY2009-FY2010.
Title II: Higher Education Security Enhancement - Amends the Higher Education Act of 1965 to require each institution of higher education participating in any program under title IV (Student Assistance) of that Act to: (1) conduct an annual campus safety assessment in consultation with local law enforcement officials; and (2) develop and implement a campus emergency response plan that addresses a comprehensive set of emergency situations, including natural disasters, active shooter situations, and terrorism. | {"src": "billsum_train", "title": "To enhance the safety of elementary schools, secondary schools, and institutions of higher education."} | 1,280 | 362 | 0.668089 | 2.037505 | 0.796 | 3.288288 | 3.228228 | 0.855856 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HUD Demonstration Improvement Act of
2010''.
SEC. 2. AMENDMENTS TO SECTION 4 OF THE HUD DEMONSTRATION ACT OF 1993.
Section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816
note) is amended as follows:
(1) In subsection (a), by striking ``through the National
Community Development Initiative, Local Initiatives Support
Corporation, The Enterprise Foundation, Habitat for Humanity,
and Youthbuild USA'' and inserting ``to eligible entities''.
(2) In subsection (b)--
(A) in paragraph (1), by inserting ``in urban or
rural areas'' after ``community housing development
organizations'';
(B) in paragraph (2), by inserting ``in urban or
rural areas'' after ``low-income families''; and
(C) in paragraph (3), by striking ``the National
Community Development Initiative, Local Initiatives
Support Corporation, The Enterprise Foundation, Habitat
for Humanity, and Youthbuild USA'' and inserting ``an
eligible entity''.
(3) By redesignating subsection (e) as subsection (i).
(4) By striking subsection (d) and inserting the following:
``(d) Written Plan Required.--The Secretary shall, by notice,
require an eligible entity, to be eligible for assistance under this
section for a fiscal year, to submit a plan for such fiscal year
describing the manner in which such eligible entity will use such
assistance to develop the capacity and ability of community development
corporations and community housing development organizations to
undertake community development and affordable housing projects and
programs. Such a plan shall include descriptions of--
``(1) the activities described under subsection (b) the
eligible entity proposes to carry out using assistance provided
under this section;
``(2) the need for the activities described under
subsection (b) in the geographic areas where the eligible
entity proposes to carry out such activities;
``(3) the experience of the eligible entity in carrying
out--
``(A) programs administered by the Department of
Housing and Urban Development; or
``(B) other housing or economic development
programs; and
``(4) how the eligible entity will measure and evaluate the
outcomes of activities proposed to be carried out using
assistance provided under this section.
``(e) Implementation.--
``(1) Distribution.--The Secretary shall distribute funds
made available for a fiscal year to carry out this section on a
competitive basis to eligible entities based on how well the
plan of the eligible entity for the fiscal year fulfills the
requirements of paragraphs (1) through (4) of subsection (d).
``(2) Minimum amount of assistance.--The Secretary shall
establish a minimum amount of assistance, equal to not less
than 10 percent of the funds made available for any fiscal year
to carry out this section, to provide to each eligible entity
that submits a written plan that fulfills the requirements of
paragraphs (1) through (4) of subsection (d).
``(3) Maximum amount of assistance.--No eligible entity
shall receive more than 50 percent of the funds made available
for any fiscal year to carry out this section.
``(f) Public Availability of Plans.--Not later than 30 days after
the date that the Secretary provides assistance to an eligible entity
under this section, the Secretary shall make public, on the Internet
website of the Department of Housing and Urban Development, the plan of
such eligible entity required under subsection (d).
``(g) Annual Report to Congress.--The Secretary shall annually
submit to Congress a report describing how the assistance provided
under this section is being used to develop the capacity and ability of
community development corporations and community housing development
organizations to undertake community development and affordable housing
projects and programs.
``(h) Eligible Entity.--For purposes of this section, an eligible
entity is each of the following:
``(1) The National Community Development Initiative.
``(2) Local Initiatives Support Corporation.
``(3) The Enterprise Foundation.
``(4) Habitat for Humanity.
``(5) Youthbuild USA.
``(6) The National Urban League.
``(7) The Housing Partnership Network.''.
(5) In subsection (i), as redesignated by paragraph (3) of
this section, by striking ``$25,000,000 for fiscal year 1994''
and inserting ``$60,000,000 for each of fiscal years 2011
through 2015''. | HUD Demonstration Improvement Act of 2010 - Amends the HUD Demonstration Act of 1993 with respect to the Department of Housing and Urban Development (HUD) community development and affordable housing programs.
Adds the National Urban League and the Housing Partnership Network to the list of entities eligible for HUD assistance to develop the capacity and ability of community development corporations and community housing development organizations to undertake community development and affordable housing projects and programs.
Allows the use of such assistance in urban and rural areas.
Directs the HUD Secretary, by notice, to require an entity, as a condition of eligibility for such assistance for a fiscal year, to submit a plan describing the manner in which the entity will use such assistance, including descriptions meeting specified requirements. (Thus replaces the requirement that the HUD Secretary establish necessary requirements to carry out the Act.) | {"src": "billsum_train", "title": "To reauthorize assistance for capacity building for community development and affordable housing under section 4 of the HUD Demonstration Act of 1993, and for other purposes."} | 953 | 185 | 0.663231 | 1.781679 | 0.946336 | 3.819876 | 5.981366 | 0.900621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing for Tomorrow's Schools Act
of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to a 1996 study conducted by the American
School & University, $10,420,000,000 was spent to address the
Nation's education infrastructure needs in 1995, with the
average total cost of a new high school at $15,400,000.
(2) According to the National Center for Education
Statistics, an estimated $127,000,000,000 in repairs,
renovations, and modernizations is needed to put schools in the
United States into good overall condition.
(3) Approximately 14,000,000 American students attend
schools that report the need for extensive repair or
replacement of 1 or more buildings.
(4) Academic research has proven that there is a direct
correlation between the condition of school facilities and
student achievement. At Georgetown University, researchers
found that students assigned to schools in poor conditions can
be expected to fall 10.9 percentage points behind those in
buildings in excellent condition. Similar studies have
demonstrated improvement of up to 20 percent in test scores
when students were moved from a poor facility to a new
facility.
(5) The Director of Education and Employment Issues at the
Government Accounting Office testified that nearly 52 percent
of schools, affecting 21,300,000 students, reported
insufficient technology elements for 6 or more areas.
(6) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement.
(7) The challenges facing our Nation's public elementary
schools and secondary schools and libraries require the
concerted efforts of all levels of government and all sectors
of the community.
(8) The United States competitive position within the world
economy is vulnerable if America's future workforce continues
to be educated in schools and libraries not equipped for the
21st century.
(9) The deplorable state of collections in America's public
school libraries has increased the demands on public libraries.
In many instances, public libraries substitute for school
libraries, creating a higher demand for material and physical
space to house literature and educational computer equipment.
(10) Research shows that 50 percent of a child's
intellectual development takes place before age 4. The Nation's
public and school libraries play a critical role in a child's
early development because the libraries provide a wealth of
books and other resources that can give every child a head
start on life and learning.
SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Establishment.--
(1) Cooperative agreements.--The Secretary of Education
(hereafter in this Act referred to as the ``Secretary''), in
consultation with the Secretary of the Treasury, may enter into
cooperative agreements with States under which--
(A) States establish State infrastructure banks and
multistate infrastructure banks for the purpose of
providing the loans described in subparagraph (B); and
(B) the Secretary awards grants to such States to
be used as initial capital for the purpose of making
loans--
(i) to local educational agencies to enable
the agencies to build or repair elementary
schools or secondary schools that provide free
public education; and
(ii) to public libraries to enable the
libraries to build or repair library
facilities.
(2) Interstate compacts.--
(A) Consent.--Congress grants consent to any 2 or
more States, entering into a cooperative agreement
under paragraph (1) with the Secretary for the
establishment of a multistate infrastructure bank, to
enter into an interstate compact establishing a
multistate infrastructure bank in accordance with this section.
(B) Reservation of rights.--Congress expressly
reserves the right to alter, amend, or repeal this
section and any interstate compact entered into
pursuant to this section.
(b) Repayments.--Each infrastructure bank established under
subsection (a) shall apply repayments of principal and interest on
loans funded by the grant received under subsection (a) to the making
of additional loans.
(c) Infrastructure Bank Requirements.--A State establishing an
infrastructure bank under this section shall--
(1) contribute in each account of the bank from non-Federal
sources an amount equal to not less than 25 percent of the
amount of each capitalization grant made to the bank under
subsection (a);
(2) identify an operating entity of the State as recipient
of the grant if the entity has the capacity to manage loan
funds and issue debt instruments of the State for purposes of
leveraging the funds;
(3) allow such funds to be used as reserve for debt issued
by the State, so long as proceeds are deposited in the fund for
loan purposes;
(4) ensure that investment income generated by funds
contributed to an account of the bank will be--
(A) credited to the account;
(B) available for use in providing loans to
projects eligible for assistance from the account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the bank;
(5) ensure that any loan from the bank will bear interest
at or below the lowest interest rates being offered for bonds,
the income from which is exempt from Federal taxation, as
determined by the State, to make the project that is the
subject of the loan feasible;
(6) ensure that repayment of any loan from the bank will
commence not later than 1 year after the project has been
completed;
(7) ensure that the term for repaying any loan will not
exceed 30 years after the date of the first payment on the loan
under paragraph (6); and
(8) require the bank to make an annual report to the
Secretary on its status, and make such other reports as the
Secretary may require by guidelines.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established under
this section may make a loan to a local educational agency or a
public library in an amount equal to all or part of the cost of
carrying out a project eligible for assistance under subsection
(e).
(2) Applications for loans.--
(A) In general.--A local educational agency or
public library desiring a loan under this Act shall
submit to an infrastructure bank an application that
includes--
(i) in the case of a renovation project--
(I) a description of each
architectural, civil, structural,
mechanical, or electrical deficiency to
be corrected with loan funds and the
priorities to be applied; and
(II) a description of the criteria
used by the applicant to determine the
type of corrective action necessary for
the renovation of a facility;
(ii) a description of any improvements to
be made and a cost estimate for the
improvements;
(iii) a description of how work undertaken
with the loan will promote energy conservation;
and
(iv) such other information as the
infrastructure bank may require.
(B) Timing.--An infrastructure bank shall take
final action on a completed application submitted to it
in accordance with this subsection not later than 90
days after the date of the submission of the
application.
(3) Criteria for loans.--In considering an application for
a loan, an infrastructure bank shall consider--
(A) the extent to which the local educational
agency or public library desiring a loan would
otherwise lack the fiscal capacity, including the
ability to raise funds through the full use of such
bonding capacity of the agency or library, to undertake
the project proposed in the application;
(B) in the case of a local educational agency, the
threat that the condition of the physical plant in the
proposed project poses to the safety and well-being of
students;
(C) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility in the proposed project; and
(D) the age of the facility proposed to be
reconstructed, renovated, or replaced.
(e) Qualifying Projects.--
(1) In general.--A project is eligible for a loan from an
infrastructure bank if it is a project that consists of--
(A) the construction of a new elementary school or
secondary school to meet the needs imposed by
enrollment growth;
(B) the repair or upgrading of classrooms or
structures related to academic learning, including the
repair of leaking roofs, crumbling walls, inadequate
plumbing, poor ventilation equipment, and inadequate
heating or lighting equipment;
(C) an activity to increase physical safety at the
educational facility involved;
(D) an activity to enhance the educational facility
involved to provide access for students, teachers, and
other individuals with disabilities;
(E) an activity to address environmental hazards at
the educational facility involved, such as poor
ventilation, indoor air quality, or lighting;
(F) the provision of basic infrastructure that
facilitates educational technology, such as
communications outlets, electrical systems, power
outlets, or a communication closet;
(G) work that will bring an educational facility
into conformity with the requirements of--
(i) environmental protection or health and
safety programs mandated by Federal, State, or
local law, if such requirements were not in
effect when the facility was initially
constructed; and
(ii) hazardous waste disposal, treatment,
and storage requirements mandated by the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.) or
similar State laws;
(H) work that will enable efficient use of
available energy resources;
(I) work to detect, remove, or otherwise contain
asbestos hazards in educational facilities; or
(J) work to construct new public library facilities
or repair or upgrade existing public library
facilities.
(2) Davis-bacon.--The wage requirements of the Act of March
3, 1931 (referred to as the ``Davis-Bacon Act'' (40 U.S.C. 276a
et seq.)) shall apply with respect to individuals employed on
the projects described in paragraph (1).
(f) Supplementation.--Any loan made by an infrastructure bank shall
be used to supplement and not supplant other Federal, State, and local
funds available to carry out school or library construction,
renovation, or repair.
(g) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan from an infrastructure bank under this
section may not be credited toward the non-Federal share of the cost of
any project.
(h) Secretarial Requirements.--In administering this section, the
Secretary shall specify procedures and guidelines for establishing,
operating, and providing assistance from an infrastructure bank.
(i) United States Not Obligated.--The contribution of Federal funds
into an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
(j) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(k) Program Administration.--A State may expend an amount not to
exceed 2 percent of the grant funds contributed to an infrastructure
bank established by a State or States under this section to pay the
reasonable costs of administering the infrastructure bank.
(l) Secretarial Review and Report.--The Secretary shall--
(1) review the financial condition of each infrastructure
bank established under this section; and
(2) transmit to Congress a report on the results of such
review not later than 90 days after the completion of the
review.
SEC. 4. DEFINITIONS.
In this Act:
(1) Elementary school, free public education, local
educational agency, and secondary school.--The terms
``elementary school'', ``free public education'', ``local
educational agency'', and ``secondary school'' have the same
meanings as in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801);
(2) Outlying area.--The term ``outlying area'' means the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau;
(3) Public library.--The term ``public library''--
(A) means a library that serves free of charge all
residents of a community, district, or region, and
receives its financial support in whole or in part from
public funds; and
(B) includes a research library, which, for
purposes of this subparagraph, means a library that--
(i) makes its services available to the
public free of charge;
(ii) has extensive collections of books,
manuscripts, and other materials suitable for
scholarly research which are not available to
the public through public libraries;
(iii) engages in the dissemination of
humanistic knowledge through services to
readers, fellowships, educational and cultural
programs, publication of significant research,
and other activities; and
(iv) is not an integral part of an
institution of higher education; and
(4) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas. | Investing for Tomorrow's Schools Act of 2002 - Authorizes the Secretary of Education to enter into cooperative agreements with States to establish State infrastructure banks and multistate infrastructure banks to make loans to: (1) local educational agencies for building or repairing elementary or secondary public schools; and (2) public libraries for building or repairing library facilities.Grants consent of Congress to States to enter into a cooperative agreement with the Secretary, as well as an interstate compact, to establish a multistate infrastructure bank. Prescribes infrastructure bank requirements. Requires infrastructure bank loans to be used to supplement, not supplant, other Federal, State, and local funds. Prohibits construing Federal contributions to such infrastructure banks as a Federal commitment, guarantee, or obligation to any third party. Directs the Secretary to review the financial condition of each infrastructure bank. | {"src": "billsum_train", "title": "A bill to establish State infrastructure banks for education."} | 2,872 | 182 | 0.415084 | 1.272146 | 0.726848 | 2.852564 | 17.865385 | 0.929487 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Reform Commission Act of
2001''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is hereby established a commission to be known as the
Bipartisan Commission on Election Reform (hereafter in this Act
referred to as the ``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 17
members who shall be appointed as follows:
(1) 4 members shall be appointed by the President, of whom
not more than 2 may be affiliated with the same political
party.
(2) 3 members shall be appointed by the majority leader of
the Senate.
(3) 3 members shall be appointed by the minority leader of
the Senate.
(4) 3 members shall be appointed by the Speaker of the
House of Representatives.
(5) 3 members shall be appointed by the minority leader of
the House of Representatives.
(6) 1 member (who shall serve as the Chair of the
Commission) shall be appointed jointly by the President, the
majority leader of the Senate, the minority leader of the
Senate, the Speaker of the House of Representatives, and the
minority leader of the House of Representatives.
(b) Terms.--Members of the Commission shall be appointed not later
than 30 days after the date of enactment of this Act. Appointments
shall be for the life of the Commission.
(c) Vacancies.--A vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the original
appointment.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(2) Additional meetings.--The Commission shall meet at the
call of the Chair or a majority of its members.
(e) Quorum.--A majority of the Commission shall constitute a quorum
for the transaction of business.
SEC. 4. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall examine issues affecting the
conduct and administration of elections for Federal, State, and local
offices in the United States and make recommendations on its findings.
(b) Specific Issues To Be Addressed.--Among other issues the
Commission determines are relevant, the Commission shall examine and
make recommendations on the following issues:
(1) Electoral college.--Issues relating to the electoral
college, including its impact on voter turnout and alternative
methods of allocating electoral votes among candidates.
(2) Voter registration.--Issues relating to voter
registration, including the impact and effectiveness of the
National Voter Registration Act of 1993, the feasibility and
effectiveness of permitting voter registration on the day of an
election, and the feasibility and effectiveness of permitting
voter registration through the use of the Internet.
(3) Ballot design and technology.--Issues relating to the
design of ballots and the technology used to process and count
ballots, including whether certain types of voting equipment
and technology are more likely to result in undercounted or
uncounted votes, the advantages of uniform ballot designs, the
need for uniform standards for the design and maintenance of
voting equipment and technology, and steps the Federal
Government may take to reduce counting errors, including
providing need-based grants to enable State and local
governments to replace outdated equipment and prohibiting
the use or sale of voting equipment which produces disproportionately
high error rates.
(4) Polling places.--Issues relating to the timing of
elections and the quality of services provided at polling
places, including the feasibility and effectiveness of
establishing a uniform poll closing time across the United
States, establishing Election Day as a Federal public holiday,
holding elections over a weekend or over other multiple days,
ensuring an appropriate number of accessible polling places,
ensuring that workers at polling places have sufficient
training, and providing education to voters in the mechanics of
voting.
(5) Ballot access.--Issues relating to alternative methods
of casting votes in elections, including voting through the use
of the mails or the Internet, ensuring the absent military and
overseas voters are able to cast votes in an effective and
timely manner, and ensuring that election officials are able to
verify the legality of votes cast outside of polling places.
(c) Final Report.--Not later than 12 months after the date of the
initial meeting of the Commission, the Commission shall submit to
Congress and the President a final report which includes an analysis of
the matters discussed under subsection (b) and recommendations for
addressing the problems identified as part of the Commission's
analysis.
(d) Separate Views.--Any member of the Commission may submit
additional findings and recommendations as part of the final report.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission may find advisable to fulfill the
requirements of this Act. The Commission may administer oaths and
affirmations to witnesses appearing before the Commission.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chair of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Administrative Support Services.--Upon the request of the Chair
of the Commission, the Administrator of General Services shall provide
to the Commission, on a reimbursable basis, the administrative support
services that are necessary to enable the Commission to carry out its
duties under this Act.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter 1 of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--(1) The Chair of the Commission may appoint and
terminate staff of the Commission, request the detail of Federal
employees, and accept temporary and intermittent services in accordance
with section 3161 of title 5, United States Code.
(2) The employment of an executive director of the Commission shall
be subject to the approval of the Commission.
SEC. 7. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the date on which it
submits its final report under section 4(c).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for the Commission to carry out this Act. | Election Reform Commission Act of 2001 - Establishes the Bipartisan Commission on Election Reform to examine specified kinds of issues affecting the conduct and administration of elections for Federal, State, and local offices in the United States, and to make recommendations on its findings. | {"src": "billsum_train", "title": "To establish the Bipartisan Commission on Election Reform to study and make recommendations on issues affecting the conduct and administration of elections in the United States, and for other purposes."} | 1,662 | 54 | 0.587767 | 1.347115 | 1.626595 | 5.729167 | 31.8125 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Mammal Capture, Export, and
Public Display Protection Act of 1993''.
SEC. 2. PROTECTION OF MARINE MAMMALS UNDER ANIMAL WELFARE ACT.
(a) Penalties; Relationship to State Law.--The Animal Welfare Act
(7 U.S.C. 2131 et seq.) is amended by adding at the end the following:
``SEC. 30. PROVISIONS RELATING TO MARINE MAMMALS.
``(a) Penalties.--In lieu of any civil or criminal penalty
applicable under this Act for a violation of this Act committed by a
person with respect to a marine mammal, the person shall be liable for
a civil or criminal penalty, respectively, under section 105 of the
Marine Mammal Protection Act of 1972.
``(b) Relationship to State Law.--This Act shall not be considered
to supersede, preempt, or otherwise affect any provision of State law
that provides protection to marine mammals that is greater than the
protection provided by this Act.
``(c) Marine Mammal Defined.--In this section, the term `marine
mammal' has the meaning that term has under section 3 of the Marine
Mammal Protection Act of 1972.''.
(b) Review and Revision of Standards.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Agriculture shall--
(1) review the standards established under the Animal
Welfare Act for the care and habitat of marine mammals in
captivity and determine whether those standards require
provision of adequate living conditions for those marine
mammals, considering--
(A) the sizes of marine mammals to which the
standards apply;
(B) current knowledge of marine mammal physiology
and behavior, including with respect to marine mammal
needs for exercise, auditory capabilities, and pre- and
post-natal requirements;
(C) the psychological and physical well-being of
marine mammals;
(D) marine mammal needs related to social grouping,
including minimum group size, gender mix, and age
composition;
(E) interspecies compatibility; and
(F) environmental modifications that might allow
for more normal behavior and social interaction; and
(2) issue rules which make such modifications to those
standards as are appropriate to ensure the humane handling,
care, treatment, and transportation of marine mammals in
captivity.
SEC. 3. MARINE MAMMAL TRACKING SYSTEM.
(a) Establishment.--Section 103 of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1374) is amended by adding at the end the following:
``(g) Tracking System.--
``(1) In general.--The Secretary and the Secretary of
Agriculture shall jointly issue regulations which establish a
system for tracking marine mammals that are taken in waters
under the jurisdiction of the United States or imported into
the United States.
``(2) Requirements.--A tracking system under this
subsection shall provide for--
``(A) monitoring the location of marine mammals
held in captivity in the United States;
``(B) the assignment of a registration number to
each marine mammal that is covered by the system; and
``(C) the verification of the location of marine
mammals covered by the system as part of annual
inspections conducted by the Animal and Plant Health
Inspection Service of the Department of Agriculture.
``(3) Summaries of information.--The Secretary shall--
``(A) publish regularly in the Federal Register a
summary of information regarding the status of marine
mammals that is collected through the tracking system
under this subsection; and
``(B) make copies of those summaries available to
the public upon request.''.
(b) Moratorium on Takings in Waters of the United States.--
(1) In general.--Notwithstanding any other provision of law
or any permit issued under the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), it shall be unlawful to take any
marine mammal in waters under the jurisdiction of the United
States during the period beginning on the date of the enactment
of this Act and ending on the effective date of regulations
issued under the amendment made by subsection (a).
(2) Penalties.--The penalties provided under section 105 of
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375) shall
apply to a violation of this section.
(3) Definitions.--In this subsection, each of the terms
``marine mammal'', ``take'', and ``waters under the
jurisdiction of the United States'' has the meaning that term
has under section 3 of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1362).
SEC. 4. LIMITATIONS ON EXPORTATION OF MARINE MAMMALS.
(a) Permit Required for Exportation.--The Marine Mammal Protection
Act of 1972 is amended--
(1) in section 102(a) (16 U.S.C. 1372(a))--
(A) in paragraph (4) by striking ``and'';
(B) in paragraph (5) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) for any person to export from the United States a
marine mammal other than in accordance with a permit under
section 104.'';
(2) in section 103(a) (16 U.S.C. 1373(a)) by striking
``taking and importing'' and inserting ``taking, importing, and
exporting''; and
(3) in section 104 (16 U.S.C. 1374)--
(A) in subsection (a) by striking ``taking or
importation'' and inserting ``taking, importation, or
exportation'';
(B) in subsection (b)(1)--
(i) in subparagraph (A) by striking ``taken
or imported'' and inserting ``taken, imported,
or exported''; and
(ii) in subparagraph (B) by inserting ``or
exported'' after ``imported'';
(C) in subsection (d) by striking ``taking or
importation'' each place that term appears and
inserting ``taking, importation, or exportation''; and
(D) in subsection (f)--
(i) in paragraph (1) by striking ``taking
importation'' and inserting ``taking,
importation, or exportation'';
(ii) in paragraph (2) by striking ``taking
or importation'' and inserting ``taking,
importation, or exportation''; and
(iii) in paragraph (3) by striking ``taken
or imported'' and inserting ``taken, imported,
or exported''.
(b) Limitation on Permits for Exportation.--Section 104(c) of the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)) is amended by
adding at the end the following:
``(5) The Secretary may not issue a permit which authorizes the
exportation of a marine mammal unless--
``(A) the marine mammal is exported solely for the purpose
of maintaining or improving the health and well-being of the
marine mammal; and
``(B) the permit prohibits use of the marine mammal for any
other purpose.''.
SEC. 5. LIMITATIONS ON SCIENTIFIC RESEARCH PERMITS.
(a) Limitations.--Section 104(c)(3) of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1374(c)(3)) is amended to read as follows:
``(3)(A) A permit may be issued for scientific research purposes
only to an applicant which submits with its permit application
information indicating that the taking is required to further a bona
fide scientific purpose and does not involve unnecessary duplication of
research.
``(B) The Secretary shall not issue a permit for research which
involves surgical procedures or the lethal taking of a marine mammal,
unless--
``(i) the Secretary determines that the results of such
research will directly benefit that species or stock of marine
mammals, and that such research fulfills a critically important
research need; and
``(ii) the applicant demonstrates that a nonlethal and
noninvasive method for carrying out the research is not
feasible.
``(C) A permit issued for scientific research shall require that
any release of a marine mammal taken under the permit shall occur--
``(i) in the general vicinity of the location at which the
marine mammal was captured; or
``(ii) in the case of a simultaneous release of more than
one marine mammal at the same location, in the natural
environment of the species released.
``(D) In establishing the terms of any permit for scientific
research, the Secretary shall--
``(i) give preference to requiring that the release of any
marine mammal taken or imported under the permit be carried out
simultaneously and at the same location as the release of other
marine mammals; and
``(ii) in any case in which such a marine mammal is so
released, require that each marine mammal is permanently marked
for easy identification.
``(E) A permit issued for scientific research purposes shall be
effective for a period which--
``(i) shall be specified by the Secretary in the terms of
the permit; and
``(ii) may not exceed 2 years.
``(F) The Secretary may extend the effective period under
subparagraph (E) for a permit if the Secretary--
``(i) determines the extension is necessary for the
completion of a long-term study; and
``(ii) specifies the period of the extension.''.
(b) Application of Amendments.--The amendments made by this section
shall apply to permits issued under the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.) after the date of the enactment of this
Act. | Marine Mammal Capture, Export, and Public Display Protection Act of 1993 - Amends the Animal Welfare Act (AWA) to require, instead of the penalty applicable under the AWA for a violation regarding a marine mammal, that a person be liable for a civil or criminal penalty under specified provisions of the Marine Mammal Protection Act of 1972 (MMPA).
Mandates review and, if appropriate, modifications to AWA standards regarding the care and habitat of marine mammals in captivity.
Amends the MMPA to direct the Secretaries of Commerce and Agriculture to jointly establish a system for tracking marine mammals taken in waters under U.S. jurisdiction or imported. Makes it unlawful to take any marine mammal before establishment of the system.
Makes it unlawful to export a marine mammal without a permit under this Act. Requires regulations under the MMPA for exporting as well as for taking and importing marine mammals. Authorizes issuance of export permits under the same requirements as taking and importing permits. Allows issuance of an export permit only: (1) to maintain or improve the health and well-being of the mammal; and (2) if the permit prohibits use of the mammal for any other purpose.
Modifies scientific research permit requirements regarding issuance, takings involving surgical procedures, lethal takings, release requirements, permanent marking of released mammals, and permit effective periods. | {"src": "billsum_train", "title": "Marine Mammal Capture, Export, and Public Display Protection Act of 1993"} | 2,298 | 312 | 0.562809 | 1.576005 | 0.977026 | 2.569231 | 7.692308 | 0.861538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``George C. Marshall Commemorative
Coin Act of 1994''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--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 issued 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, the 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 have the likeness of George C. Marshall on the
obverse side of such coins.
(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 ``1995''; 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
Friends of George C. Marshall 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, 1995.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 1995.
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 $7 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 Friends of George C. Marshall to be used solely for
the construction of the George C. Marshall Memorial and Visitor Center
in Uniontown, Pennsylvania.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Friends of George C. Marshall 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. | George C. Marshall Commemorative Coin Act of 1994 - Directs the Secretary of the Treasury to issue one-dollar silver coins with the likeness of George C. Marshall in commemoration of the 50th anniversary of the end of World War II and General George C. Marshall's service.
Directs the Secretary to pay all surcharges from such coin sales to the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania. | {"src": "billsum_train", "title": "George C. Marshall Commemorative Coin Act of 1994"} | 1,215 | 110 | 0.499429 | 1.191948 | 0.186073 | 4.5 | 11.788889 | 0.811111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hedge Fund Disclosure Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Hedge funds currently operate largely outside the
framework of substantive United States banking, securities, and
futures laws and regulations.
(2) The recent crisis of a large hedge fund demonstrated
several ways in which the condition of major financial
institutions in the United States, including many banks with
federally insured deposits, reflects the success or failure of
various hedge funds.
(3) Among other things, financial institutions often invest
in hedge funds, lend to hedge funds, act as counterparties in
securities and derivatives transactions with hedge funds, and
conduct proprietary trading activities that mirror the
investment strategies of leading hedge funds.
(4) In several cases, hedge funds utilize financial
leveraging practices to a greater degree than do many regulated
financial institutions and this high degree of leverage
exacerbates the extent to which such hedge funds potentially
pose a threat to the safety and soundness of the United States
and international financial systems.
(5) Given that most of the institutions and wealthy
individuals that invest in hedge funds are highly
sophisticated, market forces, rather than government
regulations, are the best tools for constraining hedge funds
from engaging in excessive leverage.
(6) Market forces are similarly the most effective means of
disciplining financial institutions that have allowed hedge
fund dealings to threaten their stability.
(7) The United States Government must insure that the
failure of 1 or more hedge funds never causes a severe burden
on the United States financial system or the United States
payments system and that Federal resources are not squandered
in efforts to salvage collapsed hedge funds.
(8) Market forces cannot properly function with respect to
hedge fund risks without a minimum of reliable information
about hedge funds activities.
SEC. 3. DEFINITIONS.
(1) Board.--The term ``Board'' means the Board of Governors
of the Federal Reserve System.
(2) Federal banking agencies.--The term ``Federal banking
agency'' has the meaning given to such term in section 3(z) of
the Federal Deposit Insurance Act.
(3) Unregulated hedge fund.--The term ``unregulated hedge
fund'' means--
(A) any pooled investment vehicle that--
(i) has capital of $3,000,000,000 or more;
(ii) is privately organized, administered
by professional investment managers, and not
widely available to the public; and
(iii) is not registered as an investment
company under the Investment Company Act of
1940; and
(B) any group or family of pooled investment
vehicles described in clauses (ii) and (iii) of
subparagraph (A) that has total assets under management
of $20,000,000,000 or more.
SEC. 4. PUBLIC REPORTS REQUIRED.
(a) In General.--Before the end of the 15-day period beginning at
the end of each calendar quarter, each unregulated hedge fund shall
submit a report to the Board which shall include the following
information:
(1) The total assets of the fund, the total notional amount
of the fund's derivatives position, and the balance sheet
leverage ratio of assets to liabilities, as of the end of the
calendar quarter.
(2) Meaningful and comprehensive measures of market risk
(such as value-at-risk or stress test results) as of the end of
the calendar quarter.
(3) Such other information as the Board, in consultation
with the Secretary of the Treasury, the Chairman of the
Securities and Exchange Commission, the Chairperson of the
Commodities Futures Trading Commission, and the Federal banking
agencies, may require by regulation.
(b) Availability of Reports.--Upon receipt of reports under
subsection (a), the Board shall--
(1) immediately transmit copies of the reports to the
Secretary of the Treasury, the Chairman of the Securities and
Exchange Commission, the Chairperson of the Commodities Futures
Trading Commission, and the Federal banking agencies; and
(2) subject to subsection (c), make the reports available
to the public on a timely basis.
(c) Sequestration of Any Proprietary Information.--If, in order to
provide a complete and meaningful report under subsection (a), an
unregulated hedge fund includes any proprietary information concerning
investment strategies and positions in the report, such information
may, to the extent and in the manner provided in regulations prescribed
by the Board, in consultation with the Secretary of the Treasury, the
Chairman of the Securities and Exchange Commission, the Chairperson of
the Commodities Futures Trading Commission, and the Federal banking
agencies, be segregated in a confidential section of the report which
shall not be available to the public under subsection (b)(2).
(d) Regulation Time-Frame.--The Board shall--
(1) publish proposed regulations under this section in the
Federal Register before the end of the 90-day period beginning
on the date of the enactment of this Act, to allow for public
comment; and
(2) prescribe such regulations in final form before the end
of the 90-day period beginning on the date the proposed
regulations are so published, unless the Board determines that
additional time, not to exceed 60 days, for comment on the
proposed regulations is necessary.
(e) Orders.--The Board may issue an order to any unregulated hedge
fund to comply with the requirements of this section and the
regulations prescribed under this section.
SEC. 5. JUDICIAL ENFORCEMENT OF ORDERS.
(a) In General.--The Board may, in the sole discretion of the
Board, apply to--
(1) the United States district court within the
jurisdiction of which the principal office of the unregulated
hedge fund is located; or
(2) in the case of an unregulated hedge fund which is a
person of a foreign country (as defined in section 3502(d) of
the Omnibus Trade and Competitiveness Act of 1988) and borrows
from, accepts investments by, or is a counterparty to any
person who resides within or is organized under the laws of the
United States or any State, the United States District Court
for the District of Columbia,
for the enforcement of any effective and outstanding order issued under
section 3 or 4, and such court shall have jurisdiction and power to
order and require compliance therewith.
(b) No Judicial Review.--No court shall have jurisdiction to affect
by injunction or otherwise the issuance or enforcement of any order
under section 4 or to review, modify, suspend, terminate, or set aside
any such order.
SEC. 6. PUBLIC DISCLOSURE OF DIRECT MATERIAL EXPOSURES TO SIGNIFICANTLY
LEVERAGED FINANCIAL INSTITUTIONS.
(a) Sense of the Congress.--It is the sense of the Congress that
each public company, including financial institutions, should regularly
and publicly disclose a summary of direct material exposures of the
company, whether in the form of equity, loans, or other credit
exposure, to significantly leveraged financial institutions, including
commercial banks, investment banks, finance companies, and unregulated
hedge funds.
(b) Regulations Authorized.--The Securities and Exchange
Commission, the Commodities Futures Trading Commission, and the Federal
banking agencies shall prescribe regulations to require the disclosures
described in subsection (a).
SEC. 7. ENHANCED COUNTERPARTY RISK MANAGEMENT BY DEPOSITORY
INSTITUTIONS.
Section 39(a)(1) of the Federal Deposit Insurance Act (12 U.S.C.
1831s(a)(1)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G); and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) counterparty risk management;''. | Defines unregulated hedge fund as: (1) any pooled investment vehicle with capital of $3 billion or more that is privately organized, administered by professional investment managers, not widely available to the public, and is not registered as an investment company under the Investment Company Act of 1940; and (2) any group or family of such pooled investment vehicles with total assets under management of $20 billion or more.
Authorizes judicial enforcement of orders issued by designated regulatory agencies. Denies judicial review of any order issued by such agencies.
Expresses the sense of Congress that each public company, including financial institutions, should regularly and publicly disclose a summary of its direct material credit exposures to significantly leveraged financial institutions, including commercial banks, investment banks, finance companies, and unregulated hedge funds.
Directs the Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Federal banking agencies to prescribe regulations to require such disclosures.
Amends the Federal Deposit Insurance Act to mandate that each appropriate Federal banking agency prescribe safety and soundness standards pertaining to counterparty risk management. | {"src": "billsum_train", "title": "Hedge Fund Disclosure Act"} | 1,672 | 224 | 0.581961 | 1.766212 | 0.743465 | 4.190244 | 7.658537 | 0.921951 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Less Pollution Through Technology
Act of 1997.''
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The development of new and innovative environmental
technologies, including technologies for monitoring
environmental compliance, has been identified as a priority by
the Environmental Protection Agency (referred to in this Act as
the ``Agency'').
(2) Current Agency environmental monitoring requirements
typically specify the use of a particular analytical method
that must be precisely followed, including the use of specific
procedures and instrumentation. These requirements inhibit
introduction of new environmental monitoring technologies that
could prove more accurate, reliable, and cost-effective because
of time consuming and labor-intensive procedures for revising
regulations.
(3) The Agency is evaluating the barriers to the
introduction of new and innovative environmental monitoring
technologies and has begun the transition of converting from
the current analytical methods approach to a performance-based
measurement system.
(b) Purposes.--The purposes of this Act are to--
(1) facilitate the development, introduction, and use of
new and innovative environmental monitoring technologies
through the conversion of the Agency's analytical methods to a
performance-based measurement system; and
(2) establish a deadline for the Agency to implement a
performance-based measurement system to cover all media and
multimedia environmental monitoring.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Agency'' means the Environmental Protection
Agency.
(2) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(3) The term ``environmental monitoring technologies''
means procedures or techniques associated with the performance,
technical capability, or environmental impact of an analytical
method.
(4) The term ``performance-based measurement system'' means
a system that ensures environmental monitoring data quality
assurance objectives are met, without prescribing particular
procedures, techniques, or instrumentation for meeting such
objectives.
SEC. 4. PERFORMANCE-BASED MEASUREMENT SYSTEM.
(a) Establishment.--(1) No later than 18 months after the date of
enactment of this Act, the Administrator shall establish and begin
implementing a performance-based measurement system that will
facilitate the use of new environmental monitoring technologies,
particularly monitoring required to demonstrate compliance with laws
and regulations.
(2) Notwithstanding the implementation of a performance-based
measurement system, analytical methods existing on the date of
enactment of this Act shall be deemed acceptable to the Administrator
until such time as the Administrator determines that such methods are
no longer acceptable.
(b) Construction.--Nothing in this Act shall be construed to permit
the Agency to devise or endorse a process that permits or requires the
rating or evaluation of one technology or instrument over another.
Nothing in this Act shall be construed to require the approval of a
particular environmental technology or instrument.
(c) Status.--A performance-based measurement system implemented
pursuant to this section shall be deemed to be equivalent to Agency
analytical methods existing on the date of enactment of this Act for
purposes of compliance with all applicable environmental statutes and
regulations.
SEC. 5. PERFORMANCE-BASED MEASUREMENT SYSTEM ADVISORY COMMITTEE.
(a) Establishment.--The Administrator shall establish a
Performance-Based Measurement System Advisory Committee no later than
90 days after the date of enactment of this Act.
(b) Purposes.--The Performance-Based Measurement System Advisory
Committee shall--
(1) assist the Administrator in developing a plan for
implementation of a performance-based measurement system;
(2) advise the Administrator regarding how Agency policies,
regulations, standards, and procedures can be used to implement
a performance-based measurement system; and
(3) assist the Administrator in developing the report
required by section 5 of this Act.
(c) Membership.--The Performance-Based Measurement System Advisory
Committee shall be comprised of 12 members selected for appointment to
provide a broad and balanced representation of interested parties,
including the analytical instruments industry, environmental testing
laboratories, representatives from State regulatory agencies, public
interest groups, and professional or technical societies.
(d) Duration.--Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the duration of the
advisory committee established under this section.
(e) Duties.--The Performance-Based Measurement System Advisory
Committee shall convene at least twice a year, and may meet at
additional times as required by the Administrator. The Performance-
Based Measurement System Advisory Committee shall submit to the
Administrator such recommendations as it believes are consistent with
its purposes. The Administrator shall make available to the
Performance-Based Measurement System Advisory Committee such staff as
are necessary to carry out its purposes.
SEC. 6. REPORT TO CONGRESS.
No later than 6 months after the date of enactment of this Act, the
Administrator shall submit to Congress a report containing a plan to
establish a performance-based measurement system approval process in
accordance with section 4. | Less Pollution Through Technology Act of 1997 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish and implement a performance-based measurement system to facilitate the use of new environmental monitoring technologies, particularly monitoring required to demonstrate compliance with laws and regulations.
Deems existing analytical methods to be acceptable to the Administrator until determined otherwise.
Deems performance-based measurement systems to be equivalent to existing EPA analytical methods for purposes of compliance with environmental statutes and regulations.
Requires the Administrator to establish a Performance-Based Measurement System Advisory Committee.
Directs the Administrator to submit a plan to establish a performance-based measurement system approval process to the Congress. | {"src": "billsum_train", "title": "Less Pollution Through Technology Act of 1997"} | 1,104 | 146 | 0.642222 | 1.746069 | 0.649387 | 4.141732 | 8.125984 | 0.929134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare VA Reimbursement Act of
2009''.
SEC. 2. ESTABLISHMENT OF MEDICARE SUBVENTION FOR VETERANS.
(a) In General.--Section 1862 of the Social Security Act (42 U.S.C.
1395y) is amended by adding at the end the following new subsection:
``(n) Medicare Subvention for Veterans.--
``(1) Establishment.--The Secretary of Health and Human
Services, in cooperation with the Secretary of Veterans
Affairs, shall establish a program to be known as the `Medicare
VA reimbursement program' under which the Secretary of Health
and Human Services shall reimburse the Secretary of Veterans
Affairs, from the Federal Hospital Insurance Trust Fund
established in section 1817 and the Federal Supplementary
Medical Insurance Trust Fund established in section 1841, for
an item or service that--
``(A) is furnished to a Medicare-eligible veteran
by a Department of Veterans Affairs medical facility
for the treatment of a non-service-connected condition;
and
``(B) is covered under this title or is determined
to be medically necessary by the Secretary of Veterans
Affairs.
``(2) Memorandum of understanding.--
``(A) In general.--Not later than 6 months after
the date of the enactment of this Act, the Secretary of
Health and Human Services shall enter a memorandum of
understanding with the Secretary of Veterans Affairs
concerning the administration of the Medicare VA
reimbursement program.
``(B) Contract elements.--The memorandum of
understanding under subparagraph (A) shall contain the
following:
``(i) Frequency of reimbursement.--An
agreement on how often reimbursements will be
made by the Secretary of Health and Human
Services to the Secretary of Veterans Affairs.
``(ii) Billing system.--An agreement on the
details of the billing system that will be used
by the Secretary of Veterans Affairs to make
claims for reimbursement from the Secretary of
Health and Human Services.
``(iii) Data sharing agreement.--An
agreement on data sharing, including--
``(I) identification of the data
exchanges that each Secretary will need
to develop, maintain, or provide access
to, for purposes of the Medicare VA
reimbursement program; and
``(II) verification of data
demonstrating that a item or service
was provided by a Department of
Veterans Affairs medical facility to a
Medicare-eligible veteran for a non-
service-connected condition before the
Secretary of Health and Human Services
provides for reimbursement for such
item or service under the Medicare VA
reimbursement program.
``(iv) Payment rate.--Subject to the
requirements of paragraph (3), details of the
payment rate to be used for reimbursements made
under the Medicare VA reimbursement program.
``(v) Performance measures.--An agreement
on performance measures and performance targets
to be used to demonstrate the impact of the
Medicare VA reimbursement program.
``(vi) Additional terms.--Any additional
terms deemed necessary by the administering
Secretaries.
``(C) No maintenance of effort requirement.--For
purposes of the Medicare VA reimbursement program, the
Secretary of Veterans Affairs shall not be required to
meet a maintenance of effort requirement (a requirement
that the Secretary of Veterans Affairs maintain a
certain level of spending in order to receive
reimbursement from the Secretary of Health and Human
Services).
``(3) Payments based on regular medicare payment rates.--
``(A) Amount.--Subject to the succeeding provisions
of this paragraph, the Secretary of Health and Human
Services shall reimburse the Secretary of Veterans
Affairs--
``(i) for an item or service that is
covered under this title and is provided to a
Medicare-eligible veteran by a Department of
Veterans Affairs medical facility for the
treatment of a non-service-connected condition,
at a rate that is not less than 100 percent of
the amounts that otherwise would be payable
under this title, on a fee-for-service basis,
for such item or service if the Department of
Veterans Affairs medical facility were a
provider of services, were participating in the
Medicare program, and imposed charges for such
item or service; and
``(ii) for an item or service that is not
covered under this title that is provided to a
Medicare-eligible veteran by a Department of
Veterans Affairs medical facility for the
treatment of a non-service-connected condition,
if the Secretary of Veteran's Affairs
determines that such item or service is
medically necessary, at a rate determined by
the Secretary of Health and Human Services in
consultation with the Secretary of Veterans
Affairs.
``(B) No arbitrary limitation on amount.--Subject
to the requirements of this subsection, the Secretary
of Health and Human Services may not impose an annual
cap or other limit on the amount of reimbursement made
under the Medicare VA reimbursement program.
``(C) Exclusion of certain amounts.--In computing
the amount of payment under subparagraph (A), the
following amounts shall be excluded:
``(i) Disproportionate share hospital
adjustment.--Any amount attributable to an
adjustment under section 1886(d)(5)(F).
``(ii) Direct graduate medical education
payments.--Any amount attributable to a payment
under section 1886(h).
``(iii) Indirect medical education
adjustment.--Any amount attributable to the
adjustment under section 1886(d)(5)(B).
``(iv) Capital payments.--Any amounts
attributable to payments for capital-related
costs under section 1886(g).
``(D) Periodic payments from medicare trust
funds.--Reimbursements under this paragraph shall be
made--
``(i) on a periodic basis consistent with
the periodicity of payments under this title;
and
``(ii) from the Federal Hospital Insurance
Trust Fund established in section 1817 and the
Federal Supplementary Medical Insurance Trust
Fund established in section 1841.
``(E) Crediting of payments.--Any payment made to
the Department of Veterans Affairs under this
subsection shall be deposited in the Department of
Veterans Affairs Medical Care Collections Fund
established under section 1729A of title 38, United
States Code.
``(4) Cost-sharing requirements.--The Secretary of Health
and Human Services shall reduce the amount of reimbursement to
the Secretary of Veterans Affairs for items and services under
the Medicare VA reimbursement program by amounts attributable
to applicable deductible, coinsurance, and cost-sharing
requirements under this title.
``(5) Waiver of prohibition on payments to federal
providers of services.--The prohibition of payments to Federal
providers of services under sections 1814(c) and 1835(d) shall
not apply to items and services provided under this subsection.
``(6) Rules of construction.--Nothing in this subsection
shall be construed--
``(A) as prohibiting the Inspector General of the
Department of Health and Human Services from
investigating any matters regarding the expenditure of
funds under this subsection, including compliance with
the provisions of this title and all other relevant
laws;
``(B) as adding or requiring additional criteria
for eligibility for health care benefits furnished to
veterans by the Secretary of Veterans Affairs, as
established under chapter 17 of title 38, United States
Code; or
``(C) subject to the requirements of title 38,
United States Code, as limiting a veteran's ability to
access such benefits, regardless of the veteran's
status as a Medicare-eligible veteran.
``(7) Annual reports.--Not later than one year after
implementing the program under this subsection and annually
thereafter, the administering Secretaries shall submit to the
Congress a report containing the following:
``(A) The number of Medicare-eligible veterans who
opt to receive health care at a Department of Veterans
Affairs medical facility.
``(B) The total amount of reimbursements made from
the Federal Hospital Insurance Trust Fund established
in section 1817 and the Federal Supplementary Medical
Insurance Trust Fund established in section 1841 to the
Department of Veterans Affairs Medical Care Collections
Fund established under section 1729A of title 38,
United States Code.
``(C) The number and types of items and services
provided to Medicare-eligible veterans by Department of
Veterans Affairs medical facilities under this
subsection.
``(D) An accounting of the manner in which the
Department of Veterans Affairs expended funds received
through reimbursements under this subsection.
``(E) A detailed description of any changes made to
the memorandum of understanding under paragraph (2).
``(F) A comparison of the performance data with the
performance targets under paragraph (2)(B)(v).
``(G) Any other data on the Medicare VA
reimbursement program that the administering
Secretaries determine is appropriate.
``(8) Definitions.--For purposes of this subsection:
``(A) Administering secretaries.--The term
`administering Secretaries' means the Secretary of
Health and Human Services and the Secretary of Veterans
Affairs acting jointly.
``(B) Medicare-eligible veteran.--The term
`Medicare-eligible veteran' means an individual who is
a veteran (as defined in section 101(2) of title 38,
United States Code) who is eligible for care and
services under section 1705(a) of title 38, United
States Code and who--
``(i) is entitled to, or enrolled for,
benefits under part A of this title; or
``(ii) is enrolled for benefits under part
B of this title.
``(C) Non-service connected condition.--The term
`non-service-connected condition' means a disease or
condition that is `non-service-connected' as such term
is defined in section 101(17) of title 38, United
States Code.
``(D) Department of veterans affairs medical
facility.--The term `Department of Veterans Affairs
medical facility' means a `medical facility' as such
term is defined in section 8101(3) of title 38, United
States Code, alone or in conjunction with other
facilities under the jurisdiction of the Secretary of
Veterans Affairs.''.
(b) Conforming Amendment.--Section 1729 of title 38, United States
Code is amended by adding at the end the following new subsection:
``(j) In any case in which a Medicare-eligible veteran (as defined
in section 1862(n)(8)(B) of the Social Security Act (42 U.S.C.
1395y(n)(8)(B))) is furnished care or services under this chapter for a
non-service-connected condition (as defined in section 1862(n)(8)(C) of
such Act) the Secretary shall--
``(1) seek reimbursement from the Secretary of Health and
Human Services for such care and services under section 1862(n)
of such Act; and
``(2) collect any applicable deductible, coinsurance, or
other cost-sharing amount required under title XVIII of the
Social Security Act from the veteran or from a third party to
the extent that the veteran (or the provider of the care or
services) would be eligible to receive payment for such care or
services from such third party if the care or services had not
been furnished by a department or agency of the United
States.''.
SEC. 3. GAO REPORT.
(a) In General.--Not later than the last day of the three-year
period beginning on the date of the enactment of this Act and the last
date of each subsequent three-year period, the Comptroller General of
the United States shall submit to the Congress a report on the Medicare
VA reimbursement program established under section 1862(n) of the
Social Security Act, as added by section 2 of this Act.
(b) Contents.--The report under subsection (a) shall contain an
analysis of--
(1) the impact of the Medicare VA reimbursement program on
the Federal Hospital Insurance Trust Fund established in
section 1817 of the Social Security Act (42 U.S.C. 1395i) and
the Federal Supplementary Medical Insurance Trust Fund
established in section 1841 of such Act (42 U.S.C. 1395t);
(2) whether Medicare-eligible veterans (as defined in
section 1862(n)(8)(B)) experience improved access to health
care as a result of the program;
(3) whether Medicare-eligible veterans experience a change
in the quality of care that they receive as a result of this
program;
(4) the impact of the program on local health care
providers and Medicare beneficiaries in the communities
surrounding Department of Veterans Affairs medical facilities;
and
(5) any additional issues deemed appropriate by the
Comptroller General of the United States.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that the amount of funds
appropriated to the Department of Veterans Affairs for medical care in
any fiscal year beginning on or after the date of the enactment of this
Act should not be reduced as a result of the implementation of the
Medicare VA reimbursement program under section 1862(n) of the Social
Security Act, as added by section 2(a). | Medicare VA Reimbursement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS), in cooperation with the Secretary of Veterans Affairs (VA), to establish a Medicare VA reimbursement program under which the HHS Secretary shall reimburse the VA Secretary, from the Medicare trust funds, for any item or service: (1) furnished to a Medicare-eligible veteran by a VA medical facility for the treatment of a non-service-connected condition; and (2) covered by Medicare or determined to be medically necessary by the VA Secretary.
Requires the HHS Secretary to enter a memorandum of understanding with the VA Secretary concerning administration of the program. Specifies required conditions in the memorandum.
Directs the Comptroller General to report to Congress on the program every three years.
Declares the sense of Congress that the amount of funds appropriated to the VA for medical care in any fiscal year should not be reduced as a result of the implementation of the Medicare VA reimbursement program. | {"src": "billsum_train", "title": "To provide Medicare payments to Department of Veterans Affairs medical facilities for items and services provided to Medicare-eligible veterans for non-service-connected conditions."} | 2,871 | 234 | 0.632205 | 1.710574 | 0.820653 | 4.069652 | 13.179104 | 0.945274 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Officer Employment
Authorization Act of 2007''.
SEC. 2. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY
OFFICER EMPLOYMENT.
Section 6402 of the Private Security Officer Employment
Authorization Act of 2004 (28 U.S.C. 534 note) is amended--
(1) in subsection (c)(2)(B), by inserting ``, or through an
entity designated by the Attorney General,'' after
``identification bureau'';
(2) in subsection (d)(1)--
(A) in subparagraph (A), by inserting ``, or to an
entity designated by the Attorney General,'' after
``participating State''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``to the
State identification bureau of the
participating State'';
(ii) by inserting after clause (ii) the
following new clause:
``(iii) Accuracy and completeness.--The
Attorney General shall ensure that there is a
process whereby a covered employee subject to a
request for a National Crime Information Center
criminal history records check under subsection
(c)(1) will have the opportunity to provide to
the head of the National Crime Information
Center of the Federal Bureau of Investigation
information concerning the accuracy or
completeness of such results. The covered
employee involved must provide such information
within 30 days after the employee receives such
results.''.
(C) in subparagraph (C)--
(i) in the heading, by inserting ``or
authorized employer or entity'' after bureau;
(ii) in the text following the heading, by
striking ``submitted through the State
identification bureau of a participating State,
the Attorney General shall'' and inserting
``the Attorney General or an entity designated
by the Attorney General shall''; and
(iii) in clause (ii), by inserting ``or, if
submitted through an entity designated by the
Attorney General, to the employer or entity,''
before ``requesting the information'';
(D) in subparagraph (D)--
(i) in clause (i), by striking ``the
information shall be used only as provided in
clause (ii)'' and inserting ``or by an
authorized employer or entity, the information
shall be used only as provided in this Act'';
and
(ii) by amending clause (ii) to read as
follows:
``(ii) Prohibition.--An authorized employer
may not employ a covered employee to provide a
security service described in subparagraph (B),
unless, in the case of--
``(I) a participating State that
has no State standards for
qualification to be a private security
officer, the State shall notify an
authorized employer as to the fact of
whether the employee has any unpardoned
conviction under any Federal or State
law of any felony or any one or more of
the following offenses, except that,
for crimes other than those described
in subsection (ll), records will only
be provided for convictions that
occurred during the previous 10 years
or for which the employee completed
serving a prison sentence within the
previous 5 years:
``(aa) Illegally using,
carrying, or possessing any
firearm or other dangerous
weapon.
``(bb) Making or possessing
an instrument, the primary use
of which would be to facilitate
burglary, theft, or a similar
crime.
``(cc) Buying or receiving
stolen property.
``(dd) Unlawful entry of a
building.
``(ee) Aiding escape from
prison.
``(ff) Unlawfully
possessing or distributing any
illegal narcotic drug.
``(gg) Any act involving
theft, including theft by
deception.
``(hh) Recklessly
endangering another person.
``(ii) Making any threat of
terror.
``(jj) Any crime of
violence against another
individual, including assault
or battery, or any crime of
violence against the property
of an individual.
``(kk) Attempting or
conspiring to commit any of the
offenses described in
subclauses (I) through (X).
``(ll) Any other offense
relevant to the ability of the
covered employee to provide
reliable security services, as
specified by the Attorney
General by regulation;
``(II) a participating State that
has State standards for qualification
to be a private security officer, the
State shall use the information
received pursuant to this Act in
applying the State standards and shall
only notify the employer of the results
of the application of the State
standards; or
``(III) an authorized employer or
entity request through an entity
designated by the Attorney General, the
Attorney General shall notify the
authorized employer or entity as to the
fact of whether an employee has any
unpardoned conviction under any Federal
or State law of any felony or any one
or more of the following offenses,
except that, for crimes other than
those described in subsection (ll),
records will only be provided for
convictions that occurred during the
previous 10 years or for which the
covered employee completed serving a
prison sentence within the previous 5
years:
``(aa) Illegally using,
carrying, or possessing any
firearm or other dangerous
weapon.
``(bb) Making or possessing
an instrument, the primary use
of which would be to facilitate
burglary, theft, or a similar
crime.
``(cc) Buying or receiving
stolen property.
``(dd) Unlawful entry of a
building.
``(ee) Aiding escape from
prison.
``(ff) Unlawfully
possessing or distributing any
illegal narcotic drug.
``(gg) Any act involving
theft, including theft by
deception.
``(hh) Recklessly
endangering another person.
``(ii) Making any threat of
terror or engaging in any act
of terror.
``(jj) Any crime of
violence against another
individual, including assault
or battery, or any crime of
violence against the property
of an individual.
``(kk) Attempting or
conspiring to commit any of the
offenses described in
subclauses (I) through (X).
``(ll) Any other offense
relevant to the ability of the
covered employee to provide
reliable security services, as
specified by the Attorney
General by regulation.'';
(E) by redesignating subparagraph (E) as
subparagraph (F), and by inserting after subparagraph
(D) the following new subparagraph:
``(E) Notifications.--With regard to records that
are incomplete, notifications under subparagraph
(D)(ii)(lll) shall also provide notice of any state(s)
in which such records may be completed or verified.'';
and
(F) by adding at the end the following new
subparagraph:
``(G) Records management.--
``(i) In general.--An authorized employer
receiving any results from a criminal history
records check carried out under subsection
(c)(1), with respect to a covered employee,
shall ensure each of the following:
``(I) Such results are maintained
confidentially.
``(II) Such results are not misused
or disseminated to any person not
involved in the employment decision
with respect to the covered employee.
``(III) Subject to paragraph (2),
such results are destroyed within one
year after the latter of the following
dates, with respect to such results:
``(aa) The first of the
following dates:
``(AA) The date of
the decision whether to
employ or continue to
employ the covered
employee.
``(BB) The date
that is one year after
the date on which the
authorized employer
received the results.
``(bb) The date that is one
year after the final
disposition of a claim or
proceeding relating to the
employment of the covered
employee.
``(ii) No destruction of results if related
claim pending.--In no case shall the results
from a criminal history records check carried
out under subsection (c)(1) be destroyed
pursuant to paragraph (1)(C) while a claim or
proceeding described in clause (ii) of such
paragraph is pending.'';
(3) in subsection (d)(2)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by redesignating subparagraph (C) as
subparagraph (E); and
(C) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) standards for the scope of access and the
methods and time frames for providing access and
responses for these checks, including a requirement
that a participating state or the FBI or designated
entity is required to respond to a submission by an
authorized employer, entity, or consumer reporting
agency within three business days of the submission of
the fingerprints supporting the request for the
criminal history record check;
``(D) a process for providing access for employers
and entities to FBI-maintained criminal history records
when access is unavailable through the state level
because the state has not opted to provide such access
or does not meet the standards set forth by the
Attorney General; and'';
(4) by redesignating paragraphs (4) and (5) of subsection
(d) as paragraphs (6) and (7), respectively, of such
subsection; and
(5) by inserting after paragraph (3) of subsection (d) the
following new paragraphs:
``(4) No liability for good faith determinations.--No
authorized employer shall be liable for any determination made
by such employer in good faith that an offense identified from
a criminal history records check conducted under subsection (c)
for such employer on a covered employee is within the scope of
offenses described in paragraph (2)(D)(ii) for purposes of such
employer making an employment decision with respect to such
employee.
``(5) Rule of construction.--Nothing in paragraph (1) shall
be construed as preventing an authorized employer from making
an employment decision, with respect to a covered employee,
based on any lawful reason not described in such subsection,
including the reason that the results of a criminal history
records check conducted under subsection (c)(1) (or any other
information made available to the employer) on such employee
indicate that the employment of the employee would violate any
applicable State law.''. | Private Security Officer Employment Authorization Act of 2007 - Amends the Private Security Officer Employment Authorization Act of 2004 to: (1) require a process to allow private security guard employees or applicants to challenge the accuracy and completeness of their criminal history records; (2) prohibit private security guard employers from hiring guards without obtaining certain state criminal history information; (3) specify the crimes for which states must provide conviction information to such employers; (4) impose confidentiality and recordkeeping requirements on such employers; and (5) protect such employers from liability for good faith employment determinations based upon available criminal history information. | {"src": "billsum_train", "title": "To amend the Private Security Officer Employment Authorization Act of 2004."} | 2,291 | 122 | 0.511026 | 1.322408 | 0.62157 | 1.905172 | 19.258621 | 0.801724 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disabled Veterans Employment
Protection Act''.
SEC. 2. RIGHTS OF PERSONS WHO RECEIVE TREATMENT FOR ILLNESSES,
INJURIES, AND DISABILITIES INCURRED IN OR AGGRAVATED BY
SERVICE IN THE UNIFORMED SERVICES.
(a) Rights of Persons Who Receive Treatment.--
(1) In general.--Subchapter II of chapter 43 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 4320. Rights of persons absent from employment for treatment of
service-connected disabilities
``(a) Retention.--Subject to subsection (e), a person who is absent
from a position of employment by reason of the receipt of medical
treatment for a service-connected disability is entitled to be retained
by the person's employer.
``(b) Seniority.--A person who is absent from employment by reason
of the receipt of medical treatment for a service-connected disability
and who is entitled to be retained by the person's employer under
subsection (a) is entitled to the seniority and other rights and
benefits determined by seniority that the person had on the date of the
commencement of such treatment plus the additional seniority and rights
and benefits that such person would have attained if the person had
remained continuously employed.
``(c) Benefits.--(1) A person who is absent from a position of
employment by reason of the receipt of medical treatment for a service-
connected disability and who is entitled to be retained by the person's
employer under subsection (a) shall be--
``(A) deemed to be on furlough or leave of absence while
receiving such treatment; and
``(B) entitled to such other rights and benefits not
determined by seniority as are generally provided by the
employer of the person to employees having similar seniority,
status, and pay who are on furlough or leave of absence under a
contract, agreement, policy, practice, or plan in effect at the
commencement of such service or established while such person
is so absent.
``(2)(A) Subject to subparagraph (C), a person described in
subparagraph (B) is not entitled to rights and benefits under paragraph
(1)(B).
``(B) A person described in this subparagraph is a person who--
``(i) is absent from a position of employment by reason of
the receipt of medical treatment for a service-connected
disability; and
``(ii) knowingly provides written notice of intent not to
return to a position of employment after receiving such
treatment.
``(C) For the purposes of this paragraph, the employer shall have
the burden of proving that a person knowingly provided clear written
notice of intent not to return to a position of employment after being
absent from employment by reason of the receipt of medical treatment
and, in doing so, was aware of the specific rights and benefits to be
lost under subparagraph (A).
``(3) A person deemed to be on furlough or leave of absence under
this subsection while receiving medical treatment for a service-
connected disability shall not be entitled under this subsection to any
benefits to which the person would not otherwise be entitled if the
person had remained continuously employed.
``(4) Such person may be required to pay the employee cost, if any,
of any funded benefit continued pursuant to paragraph (1) to the extent
other employees on furlough or leave of absence are so required.
``(5) The entitlement of a person to coverage under a health plan
is provided for under section 4317 of this title.
``(d) Leave.--Any person who is absent from a position of
employment with an employer by reason of the receipt of medical
treatment for a service-connected disability shall be permitted, upon
request of that person, to use during the period during which the
person is so absent, any vacation, annual, medical, or similar leave
with pay accrued by the person before the commencement of such period.
No employer may require any such person to use vacation, annual,
family, medical, or similar leave during such period.
``(e) Exceptions.--(1) An employer is not required to comply with
the requirements of this section if--
``(A) the employer's circumstances have so changed as to
make such compliance impossible or unreasonable;
``(B) such compliance would impose an undue hardship on the
employer; or
``(C) the employment from which the person is absent by
reason of the receipt of medical treatment is for a brief,
nonrecurrent period and there is no reasonable expectation that
such employment will continue indefinitely or for a significant
period.
``(2) In any proceeding involving an issue of whether (A) any
compliance referred to in paragraph (1) is impossible or unreasonable
because of a change in an employer's circumstances, (B) such compliance
would impose an undue hardship on the employer, or (C) the employment
referred to in paragraph (1)(C) is for a brief, nonrecurrent period and
there is no reasonable expectation that such employment will continue
indefinitely or for a significant period, the employer shall have the
burden of proving the impossibility or unreasonableness, undue
hardship, or the brief or nonrecurrent nature of the employment without
a reasonable expectation of continuing indefinitely or for a
significant period.
``(f) Limitation.--This section shall apply with respect to any
absence from a position of employment with an employer by reason of the
receipt of medical treatment for a service-connected disability as long
as the aggregate period of such absence or absences is not more than 12
workweeks during any 12-month period.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4319 the following new item:
``4320. Rights of persons absent from employment for treatment of
service-connected disabilities.''.
(b) Health Plan.--Section 4317 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(c) This section shall apply with respect to a person who is
absent from a position of employment by reason of the receipt of
medical treatment for a service-connected disability (other than a
person described in section 4320(c)(2)(B) of this title) on the same
basis as a person who is absent from a position of employment by reason
of service in the uniformed services. In the case of a person who is
absent from a position of employment by reason of the receipt of
medical treatment for a service-connected disability (other than a
person described in section 4320(c)(2)(B) of this title), the period
during which the person is so absent shall be treated as a period of
service in the uniformed services for purposes of this section.''.
(c) Prohibition of Discrimination and Acts of Reprisal.--Section
4311 of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting after ``uniformed service'' the
following: ``, or who has an illness, injury, or
disability determined by the Secretary of Veterans
Affairs to have been incurred in or aggravated by such
service,''; and
(B) by striking ``or obligation'' and inserting
``obligation, or receipt of treatment for that illness,
injury, or disability''; and
(2) in subsection (c)--
(A) by striking ``or obligation for service'' the
first time it appears and inserting ``obligation for
service, or receipt of treatment for an illness,
injury, or disability determined by the Secretary of
Veterans Affairs to have been incurred in or aggravated
by service''; and
(B) by striking ``or obligation for service'' the
second time it appears and inserting ``obligation for
service, or receipt of treatment''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to medical treatment received on or after the date
that is 90 days after the date of the enactment of this Act. | Disabled Veterans Employment Protection Act - Entitles a person who is absent from employment by reason of the receipt of medical treatment for a service-connected disability (absent employee) to: (1) be retained by the person's employer; (2) the seniority and other rights and benefits determined by seniority that the person had on the commencement of such treatment plus the additional seniority and rights and benefits that the person would have attained if the person had remained continuously employed; and (3) be considered on furlough or leave of absence during such treatment and therefore entitled to other rights and benefits not determined by seniority as are other persons of similar seniority, status, and pay who are on furlough or leave of absence. Terminates such entitlement when a person knowingly provides written notice of the intent not to return to such position following treatment.
Allows the absent employee to use any vacation, annual, medical, or similar leave with pay accrued before the commencement of the treatment.
Provides that an employer shall not be required to comply with the requirements of this Act if: (1) the employer's circumstances have so changed as to make such compliance impossible or unreasonable; (2) such compliance would pose an undue hardship on the employer; or (3) the employment in question is for a brief, nonrecurring period without a reasonable expectation of continuing indefinitely or for a significant period. Limits the application of this Act to periods of absence of not more than 12 workweeks during any 12-month period.
Applies health insurance continuation requirements to absences from employment described in this Act.
Prohibits any employer discrimination or acts of reprisal against an absent employee. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide certain rights for persons who receive treatment for illnesses, injuries, and disabilities incurred in or aggravated by service in the uniformed services, and for other purposes."} | 1,820 | 353 | 0.70845 | 2.072275 | 0.81779 | 4.84326 | 5.278997 | 0.943574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection and Advocacy for Veterans
Act of 2016''.
SEC. 2. ESTABLISHMENT OF GRANT PROGRAM TO IMPROVE MONITORING OF MENTAL
HEALTH AND SUBSTANCE ABUSE TREATMENT PROGRAMS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Establishment.--Commencing not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall establish a grant program to improve the monitoring of mental
health and substance abuse treatment programs of the Department of
Veterans Affairs.
(b) Grants.--
(1) Main grant.--
(A) Award.--In carrying out subsection (a), the
Secretary shall award grants to four protection and
advocacy systems under which each protection and
advocacy system shall carry out a demonstration project
to investigate and monitor the care and treatment of
veterans provided under chapter 17 of title 38, United
States Code, for mental illness or substance abuse
issues at medical facilities of the Department.
(B) Minimum amount.--Each grant awarded under
subparagraph (A) to a protection and advocacy system
shall be in an amount that is not less than $105,000
for each year that the protection and advocacy system
carries out a demonstration project described in such
subparagraph under the grant program.
(2) Collaboration grant.--
(A) Award.--During each year in which a protection
and advocacy system carries out a demonstration project
under paragraph (1)(A), the Secretary shall award a
joint grant to a national organization with extensive
knowledge of the protection and advocacy system and a
veterans service organization in the amount of $80,000.
(B) Collaboration.--Each national organization and
veterans service organization that is awarded a joint
grant under subparagraph (A) shall use the amount of
the grant to facilitate the collaboration between the
national organization and the veterans service
organization to--
(i) coordinate training and technical
assistance for the protection and advocacy
systems awarded grants under paragraph (1)(A);
and
(ii) provide for data collection,
reporting, and analysis in carrying out such
paragraph.
(3) Authority.--In carrying out a demonstration project
under paragraph (1)(A), a protection and advocacy system shall
have the authorities specified in section 105(a) of the
Protection and Advocacy for Individuals with Mental Illness Act
(42 U.S.C. 10805(a)) with respect to medical facilities of the
Department.
(c) Selection.--In selecting the four protection and advocacy
systems to receive grants under subsection (b)(1)(A), the Secretary
shall consider the following criteria:
(1) Whether the protection and advocacy system has
demonstrated monitoring and investigation experience, along
with knowledge of the issues facing veterans with disabilities.
(2) Whether the State in which the protection and advocacy
system operates--
(A) has low aggregated scores in the domains of
mental health, performance, and access as rated by the
Strategic Analytics Improvement and Learning database
system (commonly referred to as ``SAIL''); and
(B) to the extent practicable, is representative of
both urban and rural States.
(d) Reports.--The Secretary shall ensure that each protection and
advocacy system participating in the grant program submits to the
Secretary reports developed by the protection and advocacy system
relating to investigations or monitoring conducted pursuant to
subsection (b)(1)(A). The Secretary shall designate an office of the
Department of Veterans Affairs to receive each such report.
(e) Duration; Termination.--
(1) Duration.--The Secretary shall carry out the grant
program established under subsection (a) for a period of five
years beginning on the date of commencement of the grant
program.
(2) Termination of demonstration projects.--The Secretary
may terminate a demonstration project under subsection
(b)(1)(A) before the end of the five-year period described in
paragraph (1) if the Secretary determines there is good cause
for such termination. If the Secretary carries out such a
termination, the Secretary shall award grants under such
subsection to a new protection and advocacy system for the
remaining duration of the grant program.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the grant program under
subsection (a) $500,000 for each of fiscal years 2017 through 2021.
(g) Definitions.--In this section:
(1) The term ``protection and advocacy system'' has the
meaning given the term ``eligible system'' in section 102(2) of
the Protection and Advocacy for Individuals with Mental Illness
Act (42 U.S.C. 10802(2)).
(2) The term ``State'' means each of the several States,
territories, and possessions of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
(3) The term ``veterans service organization'' means any
organization recognized by the Secretary for the representation
of veterans under section 5902 of title 38, United States Code. | Protection and Advocacy for Veterans Act of 2016 This bill directs the Department of Veterans Affairs (VA) to establish a five-year grant program to improve the monitoring of VA mental health and substance abuse treatment programs. The VA shall award grants to four protection and advocacy systems under which each recipient shall investigate and monitor VA facilities care and treatment of veterans with mental illness or substance abuse issues. Criteria for selecting recipients shall include whether the state in which the protection and advocacy system operates has low mental health, performance, and access scores. During each year in which a protection and advocacy system carries out a demonstration project, the VA shall award a joint grant to a national organization with extensive knowledge of the protection and advocacy system and a veterans service organization to: (1) coordinate training and technical assistance, and (2) provide for related data collection, reporting, and analysis. "Protection and advocacy system" means the state-established system to protect and advocate the rights of persons with developmental disabilities. | {"src": "billsum_train", "title": "Protection and Advocacy for Veterans Act of 2016"} | 1,101 | 211 | 0.712682 | 1.85364 | 0.886361 | 3.954315 | 5.045685 | 0.878173 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Endangering the Records of
Veterans (SERVE) Act of 2006''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Identity theft remains a critical problem for
consumers. In May 2006, the Federal Trade Commission revealed
that 10,000,000 individuals are subjected to theft of their
personal identification licenses and records each year.
(2) Recent thefts of computer hardware containing sensitive
personal information from the Department of Veterans Affairs
and its contractors have made millions of veterans vulnerable
to identity theft and fraud.
(3) On May 22, 2006, the Department of Veterans Affairs
announced an employee laptop containing personal records of
nearly 26,500,000 million veterans and spouses had been stolen.
(4) On August 7, 2006, a desktop computer containing
personal information of more than 38,000 veterans was stolen
from a subcontractor hired to assist in insurance collections
for medical centers of the Department of Veterans Affairs in
Pittsburgh and Philadelphia, Pennsylvania.
(5) In August 2006, in response to the loss of these
records, the Secretary of Veterans Affairs created the office
of Special Advisor to the Secretary for Information Security.
(6) On August 14, 2006, the Secretary announced the award
of a $3,700,000 contract to a service-disabled, veteran-owned
small business to upgrade all Department computers with
enhanced data security encryption systems.
(7) In order to prevent the Nation's veterans from being
exposed to identity theft and fraud, additional Federal
safeguards, including those provided by this Act, must be
applied to increase accountability of those who handle
veterans' records in order to prevent future losses of
sensitive personal information.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECURITY.
(a) Information Security.--Chapter 57 of title 38, United States
Code, is amended by adding at the end the following new subchapter:
``SUBCHAPTER III--INFORMATION SECURITY
``Sec. 5721. Definitions
``For the purposes of this subchapter:
``(1) The term `sensitive personal information' means the
name, address, or telephone number of an individual, in
combination with any of the following:
``(A) The social security number of the individual.
``(B) The date of birth of the individual.
``(C) Any information not available as part of the
public record regarding the individual's military
service or health.
``(D) Any financial account or other financial
information relating to the individual.
``(E) The driver's license number of the
individual.
``(2) The term `encrypt' means to use software to obscure
electronic information to make that information unreadable for
unauthorized employees and contractors of the Department.
``Sec. 5722. Physical security of sensitive personal information
processed or maintained by the Secretary
``The Secretary shall physically secure all sensitive personal
information processed or maintained by the Secretary and all equipment
of the Department containing such sensitive personal information.
``Sec. 5723. Encryption of sensitive personal information processed or
maintained by the Secretary
``The Secretary shall encrypt all sensitive personal information
processed or maintained by the Secretary.
``Sec. 5724. Contracts for the processing or maintenance of sensitive
personal information
``(a) Contract Requirements.--If the Secretary enters into a
contract for the performance of any Department function that requires
access to sensitive personal information, the Secretary shall require
as a condition of the contract that--
``(1) the contractor ensures that it will--
``(A) encrypt or encode any such information to
which the contractor has access; and
``(B) physically secure all such information that
it processes or maintains and all equipment containing
such information; and
``(2) the contractor agrees to reimburse the Secretary for
any amount paid by the Secretary to any person as a result of
the contractor's unauthorized disclosure of any sensitive
personal information to which the contractor has access under
the contract.
``(b) Penalty for Violations.--Any contractor who violates any
requirement of this subtitle shall be debarred from contracting with
the Department for a period of one year.
``Sec. 5725. Criminal penalty for unauthorized disclosure of sensitive
personal information
``Any person who engages in the unauthorized disclosure of
sensitive personal information processed or maintained by the Secretary
or by a contractor performing a function on behalf of the Secretary
shall be fined in accordance with title 18, imprisoned for not more
than one year, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``subchapter iii--information security
``5721. Definitions.
``5722. Physical security of sensitive personal information processed
or maintained by the Secretary.
``5723. Encryption of sensitive personal information processed or
maintained by the Secretary.
``5724. Contracts for the processing or maintenance of sensitive
personal information.
``5725. Criminal penalty for unauthorized disclosure of sensitive
personal information.''.
(c) Implementation.--The requirement of section 5723 of title 38,
United States Code, as added by subsection (a), shall be implemented
not later than 90 days after the date of the enactment of this Act.
SEC. 4. DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET STUDY AND REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall complete
a study of the security of personal information maintained or processed
by the Secretary of Veterans Affairs and shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a
report containing the findings of that study and any recommendations of
the Director. | Stop Endangering the Records of Veterans (SERVE) Act of 2006 - Directs the Secretary of Veterans Affairs to: (1) physically secure all sensitive personal information processed or maintained by the Department of Veterans Affairs (VA) and all equipment containing such information; (2) encrypt all sensitive personal information; and (3) require VA contractors with access to sensitive personal information to encrypt or encode such information and physically secure all equipment containing such information. Defines "sensitive personal information" to include social security numbers, dates of birth, and individual financial information.
Imposes criminal penalties for the unauthorized disclosure of sensitive personal information. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide for enhanced protection of sensitive personal information processed or maintained by the Secretary of Veterans Affairs."} | 1,288 | 130 | 0.517241 | 1.497918 | 0.653252 | 3.208333 | 10.083333 | 0.908333 |
SECTION 1. FINDINGS.
Congress finds that--
(1) Oliver L. Brown is the namesake of the landmark United
States Supreme Court decision of 1954, Brown v. Board of
Education (347 U.S. 483, 1954);
(2) Oliver L. Brown is honored as the lead plaintiff in the
Topeka, Kansas case which posed a legal challenge to racial
segregation in public education;
(3) by 1950, African-American parents began to renew their
efforts to challenge State laws that only permitted their
children to attend certain schools, and as a result, they
organized through the National Association for the Advancement
of Colored People (the NAACP), an organization founded in 1909
to address the issue of the unequal and discriminatory
treatment experienced by African-Americans throughout the
country;
(4) Oliver L. Brown became part of the NAACP strategy led
first by Charles Houston and later by Thurgood Marshall, to
file suit against various school boards on behalf of such
parents and their children;
(5) Oliver L. Brown was a member of a distinguished group
of plaintiffs in cases from Kansas (Brown v. Board of
Education), Delaware (Gebhart v. Belton), South Carolina
(Briggs v. Elliot), and Virginia (Davis v. County School Board
of Prince Edward County) that were combined by the United
States Supreme Court in Brown v. Board of Education, and in
Washington, D.C. (Bolling v. Sharpe), considered separately by
the Supreme Court with respect to the District of Columbia;
(6) with respect to cases filed in the State of Kansas--
(A) there were 11 school integration cases dating
from 1881 to 1949, prior to Brown v. Board of Education
in 1954;
(B) in many instances, the schools for African-
American children were substandard facilities with out-
of-date textbooks and often no basic school supplies;
(C) in the fall of 1950, members of the Topeka,
Kansas chapter of the NAACP agreed to again challenge
the ``separate but equal'' doctrine governing public
education;
(D) on February 28, 1951, the NAACP filed their
case as Oliver L. Brown et al. v. The Board of
Education of Topeka Kansas (which represented a group
of 13 parents and 20 children);
(E) the district court ruled in favor of the school
board and the case was appealed to the United States
Supreme Court;
(F) at the Supreme Court level, the case was
combined with other NAACP cases from Delaware, South
Carolina, Virginia, and Washington, D.C. (which was
later heard separately); and
(G) the combined cases became known as Oliver L.
Brown et al. v. The Board of Education of Topeka, et
al.;
(7) with respect to the Virginia case of Davis et al. v.
Prince Edward County Board of Supervisors--
(A) one of the few public high schools available to
African-Americans in the State of Virginia was Robert
Moton High School in Prince Edward County;
(B) built in 1943, it was never large enough to
accommodate its student population;
(C) the gross inadequacies of these classrooms
sparked a student strike in 1951;
(D) the NAACP soon joined their struggles and
challenged the inferior quality of their school
facilities in court; and
(E) although the United States District Court
ordered that the plaintiffs be provided with equal
school facilities, they were denied access to the
schools for white students in their area;
(8) with respect to the South Carolina case of Briggs v.
R.W. Elliott--
(A) in Clarendon County, South Carolina, the State
NAACP first attempted, unsuccessfully and with a single
plaintiff, to take legal action in 1947 against the
inferior conditions that African-American students
experienced under South Carolina's racially segregated
school system;
(B) by 1951, community activists convinced African-
American parents to join the NAACP efforts to file a
class action suit in United States District Court;
(C) the court found that the schools designated for
African-Americans were grossly inadequate in terms of
buildings, transportation, and teacher salaries when
compared to the schools provided for white students;
and
(D) an order to equalize the facilities was
virtually ignored by school officials, and the schools
were never made equal;
(9) with respect to the Delaware cases of Belton v. Gebhart
and Bulah v. Gebhart--
(A) first petitioned in 1951, these cases
challenged the inferior conditions of 2 African-
American schools;
(B) in the suburb of Claymont, Delaware, African-
American children were prohibited from attending the
area's local high school, and in the rural community of
Hockessin, Delaware, African-American students were
forced to attend a dilapidated 1-room schoolhouse, and
were not provided transportation to the school, while
white children in the area were provided transportation
and a better school facility;
(C) both plaintiffs were represented by local NAACP
attorneys; and
(D) though the State Supreme Court ruled in favor
of the plaintiffs, the decision did not apply to all
schools in Delaware;
(10) with respect to the District of Columbia case of
Bolling, et al. v. C. Melvin Sharpe, et al.--
(A) 11 African-American junior high school students
were taken on a field trip to Washington, D.C.'s new
John Philip Sousa School for white students only;
(B) the African-American students were denied
admittance to the school and ordered to return to their
inadequate school; and
(C) in 1951, a suit was filed on behalf of the
students, and after review with the Brown case in 1954,
the United States Supreme Court ruled that segregation
in the Nation's capitol was unconstitutional;
(11) on May 17, 1954, at 12:52 p.m., the United States
Supreme Court ruled that the discriminatory nature of racial
segregation ``violates the 14th Amendment to the Constitution,
which guarantees all citizens equal protection of the laws'';
(12) the decision in Brown v. Board of Education set the
stage for dismantling racial segregation throughout the
country;
(13) the quiet courage of Oliver L. Brown and his fellow
plaintiffs asserted the right of African-American people to
have equal access to social, political, and communal
structures;
(14) our country is indebted to the work of the NAACP Legal
Defense and Educational Fund, Inc., Howard University Law
School, the NAACP, and the individual plaintiffs in the cases
considered by the Supreme Court;
(15) Reverend Oliver L. Brown died in 1961, and because the
landmark United States Supreme Court decision bears his name,
he is remembered as an icon for justice, freedom, and equal
rights; and
(16) the national importance of the Brown v. Board of
Education decision had a profound impact on American culture,
affecting families, communities, and governments by outlawing
racial segregation in public education, resulting in the
abolition of legal discrimination on any basis.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--
(1) In general.--The Speaker of the House of
Representatives and the President pro tempore of the Senate
shall make appropriate arrangements for the posthumous
presentation, on behalf of Congress, of a gold medal of
appropriate design in commemoration of the Reverend Oliver L.
Brown, in recognition of his and his fellow plaintiffs'
enduring contributions to civil rights and American society.
(2) Display.--The medal presented under paragraph (1) shall
be maintained and displayed at the Brown Foundation of Topeka,
Kansas.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority to Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 3 shall be deposited into the
United States Mint Public Enterprise Fund. | Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation, on behalf of Congress, of a gold medal in commemoration of the Reverend Oliver L. Brown (the lead plaintiff in the landmark U.S. Supreme Court decision in Brown v. Board of Education) in recognition of his and his fellow plaintiffs' enduring contributions to civil rights and American society. | {"src": "billsum_train", "title": "A bill to posthumously award a Congressional Gold Medal to the Reverend Oliver L. Brown."} | 2,062 | 96 | 0.375831 | 1.184439 | 0.657117 | 6.631579 | 24.657895 | 0.973684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Everson Walls and Ron Springs Gift
for Life Act of 2007''.
SEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 371A the following:
``SEC. 371B. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall establish a
National Organ and Tissue Donor Registry Resource Center (referred to
in this section as the `Center').
``(b) Duties.--The Center shall--
``(1) advance the development, expansion, and evaluation of
State organ and tissue donor registries;
``(2) facilitate timely access to and exchange of accurate
donor information between State registries 7 days each week on
a 24-hour basis;
``(3) ensure that State organ and tissue donor registries
funded through section 371C are in compliance with the
requirements described in such section, including the operating
standards described in section 371C(d);
``(4) provide technical assistance to States for the
establishment and operation of State organ and tissue
registries; and
``(5) maintain a registry information clearinghouse,
including by maintaining a Web site, to collect, synthesize,
and disseminate best practices information about organ and
tissue donor registries.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2008 through 2012.''.
SEC. 3. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 371B, as inserted by
section 2, the following:
``SEC. 371C. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES.
``(a) Program Authorized.--The Secretary shall award grants or
cooperative agreements to eligible entities to support the development,
enhancement, expansion, and evaluation of State organ and tissue donor
registries.
``(b) Definition.--In this section, the term `eligible entity'
means a State agency or a State contracted entity.
``(c) Use of Funds.--As a condition on the receipt of a grant or
cooperative agreement under this section, an eligible entity shall
agree to use the grant or cooperative agreement--
``(1) to develop, expand, or maintain a State organ and
tissue donor registry; and
``(2) to establish benchmarks for improvement in organ and
tissue donation in the State.
``(d) Operating Standards.--As a condition on the receipt of a
grant or cooperative agreement under this section for a State organ and
tissue donor registry, an eligible entity shall agree to maintain the
registry in accordance with the following:
``(1) The registry must allow a donor or any other person
authorized by the donor to include in the registry a statement
or symbol that the donor has made, amended, or revoked an
anatomical gift.
``(2) The registry must be accessible to any qualified
organ procurement organization described in section 371(b) to
allow the organization to obtain relevant information on the
registry to determine, at or near the death of the donor or a
prospective donor, whether the donor or prospective donor has
made, amended, or revoked an anatomical gift.
``(3) The registry must be accessible as described in
paragraphs (1) and (2) 7 days each week on a 24-hour basis.
``(4) The registry must ensure that personally identifiable
information on the registry about a donor or prospective donor
may not be used or disclosed without the express consent of the
donor or prospective donor for any purpose other than to
determine, at or near the death of the donor or prospective
donor, whether the donor or prospective donor has made,
amended, or revoked an anatomical gift.
``(e) Application.--To seek a grant or cooperative agreement under
this section, an entity shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may reasonably require.
``(f) Report.--As a condition on the receipt of a grant or
cooperative agreement under this section, not later than 180 days after
receipt of the grant or cooperative agreement, and every 180 days
thereafter (through the date of completion of the activities funded
through the grant or cooperative agreement), an eligible entity shall
prepare and submit a report to the Secretary that--
``(1) describes the manner in which such entity has used
amounts received through the grant or cooperative agreement;
and
``(2) assesses initiatives that may be replicated in other
States.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2008 through 2012.''.
SEC. 4. STUDY ON FEASIBILITY OF ESTABLISHING A LIVING DONOR DATABASE.
Section 371A of the Public Health Service Act (42 U.S.C. 273a) is
amended--
(1) by striking ``The Secretary may establish'' and
inserting ``(a) In General.--The Secretary may establish''; and
(2) by adding at the end the following:
``(b) Study.--Not later than 1 year after the date of the enactment
of the Everson Walls and Ron Springs Gift for Life Act of 2007, the
Comptroller General of the United States shall--
``(1) complete a study to determine the feasibility of
establishing a living donor database for the purpose of
tracking the short- and long-term health effects for such
donors associated with living organ donation; and
``(2) submit a report to the Congress on the results of
such study.''. | Everson Walls and Ron Springs Gift for Life Act of 2007 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to establish a National Organ Tissue Donor Registry Resource Center, which shall: (1) advance the development, expansion, and evaluation of state organ and tissue donor registries; (2) facilitate timely access to, and the exchange of accurate donor information between, such registries 24 hours a day; (3) ensure that funded registries comply with requirements; (4) provide technical assistance to states for such registries; and (5) maintain a registry information clearinghouse.
Requires the Secretary to award grants or cooperative agreements to eligible entities for such registries. Requires recipients to agree to establish benchmarks for improvement in organ and tissue donation and to maintain registries that: (1) allow a donor to include a statement or symbol that the donor has made, amended, or revoked an anatomical gift; (2) allow organ procurement organizations to access that information, at or near the donor's death, 24 hours a day; and (3) bar the use or disclosure of personally identifiable information for any other purpose without the donor's consent.
Directs the Comptroller General to study and report to Congress on the feasibility of establishing a living donor database to track short- and long-term health effects for donors associated with living organ donation. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a National Organ and Tissue Donor Registry Resource Center, to authorize grants for State organ and tissue donor registries, and for other purposes."} | 1,370 | 310 | 0.683992 | 1.926956 | 0.788772 | 4.726619 | 4.413669 | 0.935252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Mass Marking Program
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes have experienced rapid changes in
recent years due to--
(A) the introduction of multiple aquatic invasive
species;
(B) alterations in the food web; and
(C) decreases in the abundance of prey species;
(2) due to rapid biological change in the Great Lakes, the
Great Lakes need a collaborative, science-based program to
assist in making management actions regarding fish stocking
rates, the rehabilitation of important fish species, and
habitat restoration;
(3) the States of Illinois, Indiana, Michigan, Minnesota,
Ohio, Pennsylvania, New York, and Wisconsin and Indian tribes
in those States, working through the Council of Lake Committees
of the Great Lakes Fishery Commission, have identified that
mass marking is--
(A) a precise tool to keep hatchery-produced fish
in balance with wild fish; and
(B) essential to achieving fishery management and
research objectives through producing a better
understanding of--
(i) the quantity of hatchery produced fish
compared to wild fish in the Great Lakes;
(ii) the effectiveness of hatchery
operations; and
(iii) the effectiveness of fishery
management actions;
(4) the mass marking program of the United States Fish and
Wildlife Service in the Great Lakes--
(A) was initiated in 2010 on a limited scale;
(B) annually tags approximately 8,000,000 of the
hatchery-produced fish stocked in the Great Lakes;
(C) is a basinwide cooperative effort among the
United States Fish and Wildlife Service, Indian tribes,
and State management agencies; and
(D) produces data used by State and tribal fish
management agencies to make management decisions
regarding Great Lakes fisheries;
(5) annually, Federal, State, and tribal agencies stock
approximately 21,000,000 hatchery-produced fish in the Great
Lakes to support--
(A) native species recovery; and
(B) recreational and commercial fishing;
(6) mass marking of hatchery-produced fish, using automated
technology, is an efficient method of implementing a
collaborative, science-based fishery program; and
(7) the Great Lakes are an important and valued resource
that--
(A) supports a robust regional economy valued at
more than $7,000,000,000; and
(B) provides stability to the economy of the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(2) Program.--The term ``Program'' means the Great Lakes
Mass Marking Program established by section 4(a).
SEC. 4. GREAT LAKES MASS MARKING PROGRAM.
(a) In General.--To assist in determining the effectiveness of
hatchery operations and fisheries management actions and to support
Great Lakes fisheries, there is established within the United States
Fish and Wildlife Service a program for the mass marking of hatchery-
produced fish in the Great Lakes basin, to be known as the ``Great
Lakes Mass Marking Program''.
(b) Required Collaboration.--In carrying out the Program, the
Director shall collaborate with applicable Federal, State, and tribal
fish management agencies, the Council of Lake Committees of the Great
Lakes Fishery Commission, and signatories to the Joint Strategic Plan
for Management of Great Lakes Fisheries.
(c) Availability of Data.--The Director shall make the data
collected under the Program available to applicable Federal, State, and
tribal fish management agencies--
(1) to increase the understanding of the outcomes of
management action;
(2) to assist in meeting the restoration objectives of the
Great Lakes, including the fish community objectives and fish
management plans described in the Joint Strategic Plan for
Management of Great Lakes Fisheries;
(3) to assist in balancing predators and prey;
(4) to support and improve the economic status of tribal,
recreational, and commercial fisheries; and
(5) to assist in evaluating the effectiveness of habitat
restoration efforts in the Great Lakes.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the Program
$5,000,000 for each of fiscal years 2018 through 2022. | Great Lakes Mass Marking Program Act This bill provides statutory authority for the U.S. Fish and Wildlife Service's (USFWS's)Great Lakes Mass Marking Program, under which hatchery-produced fish are tagged and marked across the Great Lakes basin to be evaluated in terms of their performance in the wild or their effects on the ecosystem. The USFWS must make data collected under the program available to federal, state, and tribal fish management agencies. | {"src": "billsum_train", "title": "Great Lakes Mass Marking Program Act"} | 935 | 101 | 0.594068 | 1.650684 | 0.693906 | 2.469136 | 10.975309 | 0.740741 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ste. Genevieve National Historical
Park Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historic district.--The term ``Historic District''
means the Ste. Genevieve Historic District National Historic
Landmark, as generally depicted on the Map.
(2) Historical park.--The term ``Historical Park'' means
the Ste. Genevieve National Historical Park established by
section 3(a).
(3) Map.--The term ``Map'' means the map entitled ``Ste.
Genevieve National Historical Park Proposed Boundary'',
numbered 571/132,626, and dated May 2016.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Special resource study.--The term ``special resource
study'' means the study entitled ``Ste. Genevieve Final Special
Resources Study and Environmental Assessment, Missouri'' and
dated May 2016.
(6) State.--The term ``State'' means the State of Missouri.
SEC. 3. ESTABLISHMENT OF THE STE. GENEVIEVE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established the Ste. Genevieve National Historical Park in the
State as a unit of the National Park System to preserve,
protect, and interpret for the benefit of present and future
generations the themes of French settlement, vernacular
architecture, and community form and farming on the frontier
associated with Ste. Genevieve.
(2) Conditions for establishment.--The Historical Park
shall not be established until the date on which the Secretary
determines that--
(A) sufficient land has been acquired for the
Historical Park to constitute a manageable unit; and
(B) the Secretary has entered into a written
agreement providing that land owned by the State, the
City of Ste. Genevieve, or other entity within the
Historic District shall be managed consistent with the
purposes of this Act.
(b) Boundaries.--The boundaries of the Historical Park shall be the
boundaries generally depicted on the Map.
(c) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Acquisition Authority.--
(1) In general.--The Secretary may acquire any land or
interest in land located within the boundary of the Historical
Park or any nationally significant property identified in the
special resource study within the Historic District by--
(A) donation;
(B) purchase with donated or appropriated funds; or
(C) exchange.
(2) Boundary revision.--On the acquisition of any property
within the Historic District under paragraph (1), the Secretary
shall revise the boundary of the Historical Park to include the
property.
(e) Administration.--
(1) In general.--The Secretary shall administer the
Historical Park in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) section 100101(a), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101
of title 54, United States Code; and
(ii) chapter 3201 of title 54, United
States Code.
(2) Management plan.--
(A) In general.--Not later than 3 years after the
date on which funds are made available to prepare a
general management plan for the Historical Park, the
Secretary shall prepare the general management plan in
accordance with section 100502 of title 54, United
States Code.
(B) Submission to congress.--On completion of the
general management plan under subparagraph (A), the
Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate
the general management plan.
(3) Related sites.--The Secretary may provide
interpretative tours and educational programs at related
historic and cultural sites within the Historic District
associated with the purposes for which the Historical Park is
established.
(f) Cooperative Agreements.--
(1) In general.--The Secretary may provide technical
assistance and enter into cooperative agreements with the owner
of a nationally significant property within the Historical Park
or the Historic District, to identify, mark, interpret,
improve, and restore the property.
(2) Right of access.--A cooperative agreement entered into
under paragraph (1) shall provide that the Secretary, acting
through the Director of the National Park Service, shall have
the right of access at all reasonable times to all public
portions of the property covered by the agreement for the
purposes of--
(A) conducting visitors through the property; and
(B) interpreting the property for the public.
(3) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total
cost of any activity carried out under a cooperative
agreement entered into under this subsection shall be
not more than 50 percent.
(B) Form of non-federal share.--The non-Federal
share of an activity carried out under a cooperative
agreement entered into under this subsection may be in
the form of donated property, goods, or services fairly
valued.
(4) Changes or alterations.--No changes or alterations
shall be made to any property or project covered by a
cooperative agreement entered into under paragraph (1) unless
the Secretary and the other party to the agreement agree to the
changes or alterations.
(5) Conversion, use, or disposal.--Any payment by the
Secretary under this subsection shall be subject to an
agreement that the conversion, use, or disposal of a property
or project for purposes contrary to the purposes of this
section, as determined by the Secretary, shall entitle the
United States to reimbursement in any amount equal to the
greater of--
(A) the amounts made available to the property or
project by the United States; or
(B) the portion of the increased value of the
property or project attributable to the amounts made
available under this subsection, as determined at the
time of the conversion, use, or disposal.
(g) Limited Role of the Secretary.--Nothing in this Act authorizes
the Secretary to assume overall financial responsibility for the
operation, maintenance, or management of the Historic District. | Ste. Genevieve National Historical Park Establishment Act This bill establishes the Ste. Genevieve National Historical Park in Missouri as a unit of the National Park System. The Department of the Interior may acquire by donation, purchase, or exchange any land or interest in land located within the park's boundary or any nationally significant property identified in the special resource study that is within the Ste. Genevieve Historic District National Historic Landmark. | {"src": "billsum_train", "title": "Ste. Genevieve National Historical Park Establishment Act"} | 1,359 | 92 | 0.661956 | 1.600305 | 1.003121 | 4.580247 | 15.666667 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethiopia Democracy and
Accountability Act of 2007''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support the advancement of human rights, democracy,
independence of the judiciary, freedom of the press,
peacekeeping capacity building, and economic development in the
Federal Democratic Republic of Ethiopia;
(2) seek the unconditional release of all political
prisoners and prisoners of conscience in Ethiopia;
(3) foster stability, democracy, and economic development
in the region;
(4) support humanitarian assistance efforts, especially in
the Ogaden region;
(5) collaborate with Ethiopia in the Global War on Terror;
and
(6) strengthen United States-Ethiopian relations based on
the policy objectives specified in paragraphs (1) through (5).
SEC. 3. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA.
The Secretary of State shall--
(1) provide financial support to local and national human
rights groups and other relevant civil society organizations to
help strengthen human rights monitoring and regular reporting
on human rights conditions in Ethiopia;
(2) provide legal support, as needed, for political
prisoners and prisoners of conscience in Ethiopia and assist
local, national, and international groups that are active in
monitoring the status of political prisoners and prisoners of
conscience in Ethiopia;
(3) seek to promote and bolster the independence of the
Ethiopian judiciary through--
(A) facilitation of joint discussions between court
personnel, officials from the Ethiopian Ministry of
Justice, relevant members of the legislature, and civil
society representatives on international human rights
standards; and
(B) encouraging exchanges between Ethiopian and
United States jurists, law schools, law professors, and
law students, especially in legal fields such as
constitutional law, role of the judiciary, due process,
political and voting rights, criminal law and
procedure, and discrimination;
(4) establish a program, in consultation with Ethiopian
civil society, to provide for a judicial monitoring process,
consisting of indigenous organizations, international
organizations, or both, to monitor judicial proceedings
throughout Ethiopia, with special focus on unwarranted
government intervention on matters that are strictly judicial
in nature, and to report on actions needed to strengthen an
independent judiciary;
(5) establish a program, in consultation with Ethiopian
civil society, and provide support to other programs, to
strengthen independent media in Ethiopia, including training,
and technical support;
(6) expand the Voice of America's Ethiopia program;
(7) support efforts of the international community to gain
full and unfettered access to the Ogaden region for--
(A) humanitarian assistance organizations; and
(B) independent human rights experts; and
(8) work with appropriate departments and agencies of the
Government of the United States and appropriate officials of
foreign governments--
(A) to identify members of the Mengistu Haile
Mariam regime and officials of the current Government
of Ethiopia who were engaged in gross human rights
violations, including those individuals who may be
residing in the United States; and
(B) to support and encourage the prosecution of
individuals identified under subparagraph (A) in the
United States or Ethiopia.
SEC. 4. SUPPORT FOR DEMOCRATIZATION IN ETHIOPIA.
(a) Strengthening Local, Regional, and National Democratic
Processes.--The Secretary of State shall--
(1) provide assistance to strengthen local, regional, and
national parliaments and governments in Ethiopia, as needed;
(2) establish a program focused on reconciliation efforts
between the Government of Ethiopia and political parties,
including in minority communities, in preparation for
negotiation and for participation in the political process; and
(3) provide training for civil society groups in election
monitoring in Ethiopia.
(b) Democracy Enhancement.--
(1) Assistance.--United States technical assistance for
democracy promotion in Ethiopia should be made available to all
political parties and civil society groups in Ethiopia.
(2) Restriction.--
(A) In general.--Nonessential United States
assistance shall not be made available to the
Government of Ethiopia if the Government of Ethiopia
acts to obstruct United States technical assistance to
advance human rights, democracy, independence of the
judiciary, freedom of the press, economic development,
and economic freedom in Ethiopia.
(B) Definition.--In this paragraph, the term
``nonessential United States assistance'' means
assistance authorized under any provision of law, other
than humanitarian assistance, food aid programs,
assistance to combat HIV/AIDS and other health care
assistance, peacekeeping assistance, and counter-
terrorism assistance.
SEC. 5. ENSURING GOVERNMENT SUPPORT FOR HUMAN RIGHTS, DEMOCRACY, AND
ECONOMIC DEVELOPMENT IN ETHIOPIA.
(a) Limitation on Security Assistance; Travel Restrictions.--
(1) Limitation on security assistance.--
(A) In general.--Except as provided in subparagraph
(B), security assistance shall not be provided to
Ethiopia until such time as the certification described
in paragraph (3) is made in accordance with such
paragraph.
(B) Exception.--Subparagraph (A) shall not apply
with respect to peacekeeping assistance, counter-
terrorism assistance, or international military
education and training for civilian personnel under
section 541 of the Foreign Assistance Act of 1961
(commonly referred to as ``Expanded IMET'').
Peacekeeping or counter-terrorism assistance provided
to Ethiopia shall not be used for any other security-
related purpose or to provide training to security
personnel or units against whom there is credible
evidence of gross human rights abuses or violations.
(2) Travel restrictions.--Beginning on the date that is 60
days after the date of the enactment of this Act and until such
time as the certification described in paragraph (3) is made in
accordance with such paragraph, the President shall deny a visa
and entry into the United States to--
(A) any official of the Government of Ethiopia--
(i) who has been involved in giving orders
to use lethal force against peaceful
demonstrators or police officers in Ethiopia;
or
(ii) against whom there is credible
evidence of gross human rights abuses or
violations;
(B) security personnel of the Government of
Ethiopia who were involved in the June or November 2005
shootings of demonstrators;
(C) security personnel responsible for murdering
Etenesh Yemam; and
(D) security personnel responsible for murdering
prisoners at Kaliti prison in the aftermath of the
election violence in 2005.
(3) Certification.--The certification described in this
paragraph is a certification by the President to Congress that
the Government of Ethiopia is making credible, quantifiable
efforts to ensure that--
(A) all political prisoners and prisoners of
conscience in Ethiopia have been released, their civil
and political rights restored, and their property
returned;
(B) prisoners held without charge or kept in
detention without fair trial in violation of the
Constitution of Ethiopia are released or receive a fair
and speedy trial, and prisoners whose charges have been
dismissed or acquitted and are still being held are
released without delay;
(C) the Ethiopian judiciary is able to function
independently and allowed to uphold the Ethiopian
Constitution and international human rights standards;
(D) security personnel involved in the unlawful
killings of demonstrators and others, including Etenesh
Yemam, and Kaliti prisoners are held accountable;
(E) family members, friends, legal counsel, medical
personnel, human rights advocates, and others have
access, consistent with international law, to visit
detainees in Ethiopian prisons;
(F) print and broadcast media in Ethiopia are able
to operate free from undue interference and laws
restricting media freedom, including sections of the
Ethiopian Federal Criminal Code, are revised;
(G) licensing of independent radio and television
in Ethiopia is open and transparent;
(H) Internet access is not restricted by the
government and the ability of citizens to freely send
and receive electronic mail and otherwise obtain
information is guaranteed;
(I) the National Election Board (NEB) includes
representatives of political parties with seats in the
Ethiopian Parliament and the NEB functions
independently in its decision-making;
(J) representatives of international human rights
organizations engaged in human rights monitoring work,
humanitarian aid work, or investigations into human
rights abuses in Ethiopia are admitted to Ethiopia and
allowed to undertake their work in all regions of the
country without undue restriction; and
(K) Ethiopian human rights organizations are able
to operate in an environment free of harassment,
intimidation, and persecution.
(4) Waiver.--
(A) In general.--The President may waive the
application of paragraph (1) or (2) on a case-by-case
basis if the President determines that such a waiver is
in the national security interests of the United
States.
(B) Notification.--Prior to granting a waiver under
the authority of subparagraph (A), the President shall
transmit to Congress a notification that includes the
reasons for the waiver.
(b) Treatment of Political Prisoners and Prisoners of Conscience.--
(1) In general.--The President, the Secretary of State, and
other relevant officials of the Government of the United States
shall call upon the Government of Ethiopia to immediately--
(A) release any and all remaining political
prisoners and prisoners of conscience, especially
prisoners held without charge; and
(B) allow full and unfettered access to the Ogaden
region by humanitarian aid organizations and
international human rights investigators.
(2) Torture victim relief.--While it is the responsibility
of the Government of Ethiopia to compensate the victims of
unlawful imprisonment and torture and their families for their
suffering and losses, the President shall provide assistance
for the rehabilitation of victims of torture in Ethiopia at
centers established for such purposes pursuant to section 130
of the Foreign Assistance Act of 1961 (22 U.S.C. 2152).
(c) Sense of Congress.--It is the sense of Congress that the
Government of the United States should--
(1) encourage the Government of Ethiopia to enter into
discussions with opposition political groups interested in
reconciliation in order to bring such groups into full
participation in the political and economic affairs of
Ethiopia, including their legalization as political parties,
and provide such assistance as is warranted and necessary to
help achieve the goal described in this paragraph; and
(2) provide assistance to promote the privatization of
government owned or controlled industries and properties in
Ethiopia.
SEC. 6. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHIOPIA.
(a) Resource Policy Assistance.--The President, acting through the
Administrator of the United States Agency for International Development
and in cooperation with the World Bank and other donors, shall provide
assistance, as needed, for sustainable development of Ethiopia's Nile
and Awash River resources, including assistance to help Ethiopia with
the technology necessary for the construction of irrigation systems and
hydroelectric power that might prevent future famine.
(b) Health Care Assistance.--The President, acting through the
Administrator of the United States Agency for International
Development, shall provide material support to hospitals, clinics, and
health care centers in Ethiopia, especially hospitals, clinics, and
health care centers in rural areas.
SEC. 7. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the President shall transmit to Congress a report on the
implementation of this Act, including a description of a comprehensive
plan to address issues of security, human rights, including in the
Ogaden region, democratization, and economic freedom that potentially
threaten the stability of Ethiopia.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $20,000,000 for each of the fiscal years 2008 and 2009.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
Passed the House of Representatives October 2, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Ethiopia Democracy and Accountability Act of 2007 - (Sec. 2) States that is U.S. policy to: (1) support human rights, democracy, independence of the judiciary, freedom of the press, peacekeeping capacity building, and economic development in the Federal Democratic Republic of Ethiopia; (2) collaborate with Ethiopia in the Global War on Terror; (3) seek the release of all political prisoners and prisoners of conscience in Ethiopia; (4) foster stability, democracy, and economic development in the region; (5) support humanitarian assistance efforts, especially in the Ogaden region; and (6) strengthen U.S.-Ethiopian relations.
(Sec. 3) Directs the Secretary of State to take specified actions to support human rights and democratization in Ethiopia.
(Sec. 5) Prohibits until the President makes specified congressional certifications: (1) security assistance to Ethiopia, with exceptions for peacekeeping, military education and training for civilian personnel, or counter-terrorism assistance; and (2) U.S. entry of any Ethiopian official involved in giving orders to use lethal force against peaceful demonstrators or accused of gross human rights violations, and government security personnel involved in specified shootings of demonstrators or prisoners, or murdering Etenesh Yemam. Authorizes the President, after congressional notification, to waive such prohibitions for national security purposes.
Directs the President, the Secretary, and other relevant U.S. government officials to call upon the government of Ethiopia to: (1) release all remaining political prisoners and prisoners of conscience, especially prisoners held without charge; and (2) allow full access to the Ogaden region by humanitarian aid organizations and international human rights investigators.
Directs the President to provide assistance for the rehabilitation of Ethiopian torture victims.
Expresses the sense of Congress that the U.S. government should: (1) encourage the government of Ethiopia to enter into discussions with peaceful political groups to bring them into full participation in Ethiopia's political and economic affairs; and (2) provide necessary assistance to help achieve such goal.
(Sec. 6) Directs the President to provide Ethiopia with assistance to: (1) develop Ethiopia's Nile and Awash River resources, including assistance for the construction of irrigation systems and hydroelectric power that might prevent future famine; and (2) support hospitals, clinics, and health care centers, especially in rural areas.
(Sec. 7) Directs the President to report to Congress respecting implementation of this Act.
(Sec. 8) Authorizes FY2008-FY2009 appropriations. | {"src": "billsum_train", "title": "To encourage and facilitate the consolidation of peace and security, respect for human rights, democracy, and economic freedom in Ethiopia."} | 2,556 | 537 | 0.701737 | 2.506876 | 0.620524 | 3.889121 | 5.110879 | 0.943515 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The Internal Revenue Service currently administers 47
tax provisions under the Patient Protection and Affordable Care
Act.
(2) The Internal Revenue Service and its employees will
have significantly greater access than it currently has to
taxpayer information for the enforcement and enactment of the
individual mandate under the Patient Protection and Affordable
Care Act.
(3) No government agency has more authority in the
enforcement of the Patient Protection and Affordable Care Act
than the Internal Revenue Service.
(4) According to one study, the Patient Protection and
Affordable Care Act employer mandate would put up to 3.2
million jobs at risk. Echoing that, the Federal Reserve warned,
``Employers in several Districts cited the unknown effects of
the Affordable Care Act as reasons for planned layoffs and
reluctance to hire more staff.''.
(5) According to previous reports from the Government
Accountability Office (GAO) and Treasury Inspector General for
Tax Administration, the Internal Revenue Service did not have
adequate processes in place to accurately review and account
for the taxpayer dollars the Internal Revenue Service are
spending to implement the controversial law.
(6) The Internal Revenue Service has proven it is a
government agency wrought with fraud and abuse, and has not
been capable of ensuring the constitutional rights of American
citizens is not infringed upon.
(7) According to the Treasury Inspector General for Tax
Administration, the Internal Revenue Service's Determinations
Unit began searching as far back as 2010 ``for other requests
for exemption involving Tea Party, Patriots, 9/12 and Internal
Revenue Code of 1986 501(c)(4) applications involving political
sounding names, e.g., `We the People' or `Take Back the
Country'''.
(8) According to the Treasury Inspector General for Tax
Administration, on June 29, 2011, IRS Exempted Organizations
Division director Lois Lerner is apprised of the Internal
Revenue Service's discriminatory practices.
(9) On March 22, 2012, the Ways and Means Oversight
Subcommittee held a hearing on the tax return filing season and
general Internal Revenue Service operations where Chairman
Boustany asks then-Internal Revenue Service Commissioner
Shulman about reports that the Internal Revenue Service has
been targeting Tea Party groups. Shulman responds, ``I can give
you assurance . . . there is absolutely no targeting.''.
SEC. 2. PROHIBITION ON IMPLEMENTATION OR ENFORCEMENT OF ANY REQUIREMENT
OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT UNTIL
CERTIFICATION THAT TAXPAYER INFORMATION IS NOT AND WILL
NOT BE USED FOR TARGETING ANY INDIVIDUAL OR GROUP FOR
POLITICAL REASONS OR ON BASIS OF POLITICAL VIEWS.
(a) Violations of Rights Before Enactment.--The Internal Revenue
Service shall not implement or enforce any requirement of the Patient
Protection and Affordable Care Act or title I of the Health Care and
Education Reconciliation Act of 2010, including any requirement
contained in an amendment made by those Acts, until the Secretary of
the Treasury certifies under penalty of perjury that with respect to
any activity before the date of the enactment of this Act--
(1) taxpayer information is not and will not be used for
targeting any individual or group that provides information to
the Internal Revenue Service for political reasons or on the
basis of political views, and
(2) the Internal Revenue Service has terminated the
employment of all employees in accordance with section 1203 of
the Internal Revenue Service Restructuring and Reform Act of
1998 (26 U.S.C. 7804 note) who, with respect to actions before
the enactment of this Act, are found to have violated the
constitutional rights of any taxpayer, including any employee
who knew of abuses related to the targeting of a political
group within the Internal Revenue Services, declined to come
forward, or willfully misled investigators.
(b) Violations of Rights After Enactment.--
(1) Rights.--Taxpayer information shall not be used for
targeting any individual or group that provides information to
the Internal Revenue Service for political reasons or on the
basis of political views.
(2) Certification.--After the date of the enactment of this
Act, a department or agency concerned--
(A) shall not implement or enforce, or
(B) if a violation of paragraph (1) occurs by any
employee of the department or agency, shall suspend the
implementation or enforcement of,
any requirement of the Patient Protection and Affordable Care
Act or title I of the Health Care and Education Reconciliation
Act of 2010, including any requirement contained in an
amendment made by those Acts, until the head of such department
or agency (the Secretary of the Treasury in the case of the
Internal Revenue Service) certifies under penalty of perjury
that the department or agency has terminated the employment of
any employee of the department or agency in accordance with
section 1203 of the Internal Revenue Service Restructuring and
Reform Act of 1998 (26 U.S.C. 7804 note) who, with respect to
actions before the enactment of this Act, is found to have
violated the constitutional rights of any taxpayer.
(c) Process To Resume Implementation.--In any case in which the
implementation or enforcement of any requirement described in
subsection (a)(1) or (b)(1) was prevented or suspended by subsection
(a) or (b) (as the case may be), such implementation or enforcement
shall not thereafter take effect or resume (as the case may be) until
90 calendar days after the date on which the certification required by
this section is made with respect to any such prevention or suspension,
unless before such 90-day period a joint resolution disapproving such
certification is enacted.
(d) Definition and Special Rules.--For purposes of this section--
(1) Covered department or agency.--The term ``department or
agency concerned'' means the Internal Revenue Service, the
Department of Health and Human Services, and any other
department or agency from which information is centralized in
one place, such as in the Federal Data Services Hub or any
similar database.
(2) Applicability of termination of employment authority.--
The provisions of section 1203 of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804) shall
apply with respect to any department or agency concerned, and
for such purposes, such section shall be applied by
substituting the ``head of the department or agency concerned''
for the ``Commissioner of Internal Revenue'' and the
``department or agency concerned'' for the ``Internal Revenue
Service''.
(3) Prohibition on delegating responsibility of secretary
of the treasury.--The responsibility of the Secretary of the
Treasury under this section may not be delegated.
(e) Submission to Congress.--The head of the department or agency
making a certification under this section shall submit the
certification to the Congress. | Prohibits the Internal Revenue Service (IRS) from implementing or enforcing any requirement of the Patient Protection and Affordable Care Act (PPACA) or title I of the Health Care and Education Reconciliation Act of 2010 until the Secretary of the Treasury certifies under penalty of perjury that: (1) taxpayer information is not and will not be used for targeting any individual or group for political reasons or on the basis of political views; and (2) the IRS has terminated the employment of all employees found to have violated the constitutional rights of any taxpayer or who knew of abuses related to the targeting of a political group, declined to come forward, or willfully misled investigators. Prohibits taxpayer information from being used for targeting any individual or group that provides information to the IRS for political reasons or on the basis of political views. Prohibits a federal agency from implementing or enforcing any requirement of PPACA or title 1 of the Health Care and Education Reconciliation Act of 2010 until the head of such agency certifies under penalty of perjury that the agency has terminated the employment of any employee who is found to have violated the constitutional rights of any taxpayer. Requires such certification to be submitted to Congress. | {"src": "billsum_train", "title": "To prohibit the implementation or enforcement of any requirement of the Patient Protection and Affordable Care Act until certifications are made that taxpayer information is not and will not be used for targeting any individual or group that provides information to the Internal Revenue Service for political reasons or on the basis of political views, and for other purposes."} | 1,512 | 265 | 0.470026 | 1.434541 | 0.712164 | 5.433036 | 6.098214 | 0.941964 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Saver's Credit Act of
2007''.
SEC. 2. COLLEGE SAVER'S CREDIT.
(a) Allowance of Refundable Credit.--Subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
(relating to refundable credits) is amended by redesignating section 36
as section 37 and by inserting after section 35 the following new
section:
``SEC. 36. COLLEGE SAVER'S CREDIT.
``(a) Allowance of Credit.--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 50 percent of so much
of the qualified college savings contributions made during the taxable
year as do not exceed $2,000.
``(b) Limitations.--
``(1) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) for the taxable year shall be reduced (but not
below zero) by the amount determined under subparagraph
(B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for the taxable
year, over
``(II) the applicable amount, bears
to
``(ii) the phaseout amount.
``(C) Applicable amount; phaseout amount.--For
purposes of subparagraph (B), the applicable amount and
the phaseout amount shall be determined as follows:
The The
applicable phaseout
amount is: amount is:
------------------------------------------------------------------------
In the case of a joint return................. $60,000 $10,000
In the case of a head of household............ $45,000 $7,500
In any other case............................. $30,000 $5,000
------------------------------------------------------------------------
``(D) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year increased by any amount excluded
from gross income under section 911, 931, or 933.
``(E) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2008,
each of the applicable amounts in the second column of
the table in subparagraph (C) 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 2007'
for `calendar year 1992' in subparagraph (B)
thereof.
Any increase determined under the preceding sentence
shall be rounded to the nearest multiple of $500.
``(2) Earned income limitation.--The amount of the credit
allowable under subsection (a) to any taxpayer for any taxable
year shall not exceed the earned income (as defined by section
32(c)(2)) of such taxpayer for such taxable year.
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual if such individual has attained the age of 18 as of
the close of the taxable year.
``(2) Dependents not eligible.--The term `eligible
individual' shall not include any individual with respect to
whom a deduction under section 151 is allowed to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.
``(d) Qualified College Savings Contributions.--The term `qualified
college savings contributions' means, with respect to any taxable year,
the aggregate contributions made by the taxpayer to any account which--
``(1) is described in section 529(b)(1)(A)(ii),
``(2) is part of a qualified tuition program, and
``(3) is established for the benefit of--
``(A) the taxpayer,
``(B) the taxpayer's spouse, or
``(C) any dependent of the taxpayer with respect to
whom the taxpayer is allowed a deduction under section
151.
``(e) Treatment of Contributions by Dependent.--If a deduction
under section 151 with respect to an individual is allowed to another
taxpayer for a taxable year beginning in the calendar year in which
such individual's taxable year begins--
``(1) no credit shall be allowed under subsection (a) to
such individual for such individual's taxable year, and
``(2) any qualified college savings contributions made by
such individual during such taxable year shall be treated for
purposes of this section as made by such other taxpayer.''.
(b) Refundable Amount Credited to Qualified Tuition Plan.--
(1) Transfer of refund to qualified tuition plans.--Section
6402 of the Internal Revenue Code of 1986 (relating to
authority to make credits or refunds) is amended by adding at
the end the following new subsection:
``(l) Special Rule for Overpayments Attributable to College Saver's
Credit.--
``(1) In general.--In the case of any overpayment
attributable to the credit allowed under section 36, the
Secretary shall transfer such amount to the qualified tuition
program to which the taxpayer made a qualified college savings
contribution.
``(2) Transfers to more than 1 qualified tuition program.--
If the taxpayer made qualified college savings contributions to
more than 1 qualified tuition program, the Secretary shall
transfer the overpayment described in paragraph (1) to each
such qualified tuition program in an amount that bears the same
ratio to the amount of such overpayment as--
``(A) the amount of qualified college savings
contributions made by such taxpayer to such qualified
tuition program, bears to
``(B) the amount of qualified college savings
contribution made by such taxpayer to all qualified
tuition programs.
``(3) Qualified college savings contribution.--For purposes
of this subsection, the term `qualified college savings
contribution' has the meaning given such term by section
36(d).''.
(2) Separate accounting for refundable amounts.--Section
529 of such Code is amended by redesignating subsection (f) as
subsection (g) and by inserting after subsection (e) the
following new subsection:
``(f) Special Rules for Contributions Attributable to College
Saver's Credit.--
``(1) In general.--A program shall not be treated as a
qualified tuition program unless it provides separate
accounting for contributions transferred by the Secretary under
section 6402(l) to an account in the program.
``(2) Special rules for distribution.--In the case of a
distribution under a qualified tuition program which includes
any amount transferred by the Secretary under section 6402(l)
(including any earnings attributable to such amount) and which
is includible in gross income, the tax imposed by this chapter
on the person receiving such distribution shall be increased by
100 percent of the amount so includible.
``(3) Ordering rules.--For purposes of applying this
subsection to any distribution from a qualified tuition
program--
``(A) In general.--Except as provided in
subparagraph (B), such distribution shall be treated as
made--
``(i) first from amounts contributed under
the program, and
``(ii) second from amounts transferred by
the Secretary under section 6402(l).
``(B) Exception for distributions for qualified
higher education expenses.--In the case of a
distribution described in subsection (c)(3), such
distribution shall be treated as made--
``(i) first from amounts transferred by the
Secretary under section 6402(l), and
``(ii) second from other amounts
contributed under the program.''.
(c) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting before the period at the end ``, or
enacted by the College Saver's Credit Act of 2007''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 36 and
inserting the following:
``Sec. 36. College saver's credit.
``Sec. 37. Overpayments of tax.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. DISTRIBUTION OF FINANCIAL EDUCATION MATERIALS TO INDIVIDUALS
INVESTING IN QUALIFIED TUITION PROGRAMS.
(a) In General.--Subsection (b) of section 529 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(7) Financial education materials.--A program shall not
be treated as a qualified tuition program unless it requires
that financial education materials are distributed to
individuals participating in the program.''.
(b) Guidance.--Subsection (g) of section 529 of such Code, as
redesignated by this Act, is amended by inserting ``and regulations
providing guidance on the types of financial education material
required to be provided under subsection (b)(7)'' before the period at
the end.
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of the enactment of this Act.
SEC. 4. STUDY ON PARTICIPATION IN QUALIFIED TUITION PROGRAMS.
(a) In General.--The Secretary of the Treasury shall conduct a
study on the participation of individuals in qualified tuition programs
under section 529 of the Internal Revenue Code of 1986.
(b) Matter Studied.--The study conducted under subsection (a) shall
consider--
(1) the income and age of individuals participating in
qualified tuition programs, and
(2) the amount of fees charged under each qualified tuition
program established or maintained by a State (or agency or
instrumentality thereof).
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Treasury shall submit to Congress a
report on the study conducted under subsection (a). | College Saver's Credit Act of 2007 - Amends the Internal Revenue Code to: (1) allow certain middle-income individual taxpayers age 18 or older a refundable tax credit for 50% of their contributions to a qualified tuition program (tax-exempt college savings plan), up to an annual limit of $2,000; and (2) require the distribution of financial education materials to participants in a qualified tuition program.
Requires the Secretary of the Treasury to study and report to Congress on the participation of individuals in qualified tuition programs. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a refundable credit for contributions to qualified tuition programs."} | 2,388 | 112 | 0.498449 | 1.111752 | 0.280034 | 2.990385 | 20.25 | 0.855769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Control Your Personal Credit
Information Act of 2018''.
SEC. 2. PERMISSIBLE PURPOSES OF REPORTS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended--
(1) in section 604 (15 U.S.C. 1681b)--
(A) by striking subsections (c) through (e) and
inserting the following:
``(c) Conditions for Furnishing Certain Consumer Reports.--
``(1) In general.--A consumer reporting agency may furnish
a consumer report for the following purposes only if the
consumer provides the consumer reporting agency with
affirmative written consent to furnish the consumer report,
after furnishing proper identification under section 610:
``(A) An extension of credit pursuant to subsection
(a)(3)(A).
``(B) The underwriting of insurance pursuant to
subsection (a)(3)(C).
``(2) Additional reports; election.--After a consumer has
provided affirmative written consent and furnished proper
identification under paragraph (1) to a consumer reporting
agency, the consumer reporting agency may continue to furnish
consumer reports solely for the purposes of reviewing or
collecting on an account described in subparagraphs (A) and (C)
of subsection (a)(3).
``(3) Furnishing reports in connection with credit or
insurance transactions that are not initiated by consumer.--
``(A) In general.--A consumer reporting agency may
furnish a consumer report to a person in connection
with any credit or insurance transaction under
subparagraph (A) or (C) of subsection (a)(3) that is
not initiated by the consumer only if--
``(i) the consumer provides the consumer
reporting agency affirmative written consent to
furnish the consumer report, after furnishing
proper identification under section 610; and
``(ii) the transaction consists of a firm
offer of credit or insurance.
``(B) Election.--The consumer may elect to--
``(i) have the consumer's name and
addresses included in lists of names and
addresses provided by the consumer reporting
agency pursuant to subparagraphs (A) and (C) of
subsection (a)(3) in connection with any credit
or insurance transaction that is not initiated
by the consumer only if--
``(I) the consumer provides the
consumer reporting agency affirmative
written consent to furnish the consumer
report, after furnishing proper
identification under section 610; and
``(II) the transaction consists of
a firm offer of credit or insurance;
and
``(ii) revoke at any time the election
pursuant to clause (i) to have the consumer's
name and address included in lists provided by
a consumer reporting agency.
``(C) Information regarding inquiries.--Except as
provided in section 609(a)(5), a consumer reporting
agency shall not furnish to any person a record of
inquiries in connection with a credit or insurance
transaction that is not initiated by a consumer.
``(4) Disclosures.--
``(A) In general.--A person may not procure a
consumer report for any purpose pursuant to
subparagraphs (D), (F), and (G) of subsection (a)(3)
unless--
``(i) a clear and conspicuous disclosure
has been made in writing to the consumer at any
time before the report is procured or caused to
be procured, in a document that consists solely
of the disclosure, that a consumer report may
be obtained for such purposes; and
``(ii) the consumer has authorized in
writing the procurement of the consumer report
by that person.
``(B) Authorizations.--The authorization described
in subparagraph (A)(ii) may be made on the disclosure
document provided under subparagraph (A)(i).
``(5) Rule making.--Not later than 180 days after the date
of enactment of the Control Your Personal Credit Information
Act of 2018, the Director of the Bureau shall promulgate
regulations that--
``(A) implement this subsection;
``(B) establish a model form for the disclosure
document pursuant to paragraph (4) and define the term
clear and conspicuous disclosure;
``(C) establish guidelines that permit consumers to
provide a single written authorization as required by
paragraph (1) for a specific time period for multiple
users for the specified purpose during that time
period;
``(D) require a consumer reporting agency to
provide to each consumer a secure, convenient,
accessible, and cost-free method by which a consumer
may allow or disallow the furnishing of consumer
reports pursuant to this subsection; and
``(E) require a consumer reporting agency not later
than 2 business days after the date on which a consumer
makes an election to revoke the consumer's inclusion of
the consumer's name and address in lists provided by a
consumer reporting agency pursuant to paragraph (3)(B)
to implement that election.
``(6) Prohibitions.--
``(A) In general.--The method described in
paragraph (5)(D) shall not be used to--
``(i) collect any information on a consumer
that is not necessary for the purpose of the
consumer to allow or disallow the furnishing of
consumer reports; or
``(ii) advertise any product or service.
``(B) No waiver.--In the offering of a method
described in paragraph (5)(D), a consumer reporting
agency shall not require a consumer to waive any rights
nor indemnify the consumer reporting agency from any
liabilities arising from the offering of such method.
``(7) Reports.--
``(A) CFPB.--
``(i) Recommendation.--Not later than 180
days after the date of enactment of the Control
Your Personal Credit Information Act of 2018,
the Director of the Bureau shall, after
consultation with the Federal Deposit Insurance
Corporation, the National Credit Union
Administration, and other Federal and State
regulators as the Director of the Bureau
determines are appropriate, submit to the
Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on
Financial Services of the House of
Representatives recommendations on how to
provide consumers greater transparency and
personal control over their consumer reports
furnished for permissible purposes under
subsections (a)(3)(E) and (a)(6).
``(ii) Report.--The Director of the Bureau
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 an annual report that
includes recommendations on how this subsection
may be improved, a description of enforcement
actions taken to demonstrate compliance with
this subsection, recommendations on how to
improve oversight of consumer reporting
agencies and users of consumer reports, and any
other recommendations concerning how consumers
may be provided greater transparency and
control over their personal information.
``(B) GAO.--
``(i) Study.--The Comptroller General of
the United States shall conduct a study on what
additional protections or restrictions may be
needed to ensure that the information collected
in consumer files is secure and does not
adversely impact consumers.
``(ii) Report.--Not later than 1 year after
the date of enactment of the Control Your
Personal Credit Information Act of 2018, the
Comptroller General of the United States 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 on the results of the
study under clause (i), which shall include--
``(I) to the greatest extent
possible, the presentation of
unambiguous conclusions and specific
recommendations for further legislative
changes needed to ensure that the
information collected in consumer files
is secure and does not adversely impact
consumers; and
``(II) if no recommendations for
further legislative changes are
presented, a detailed explanation of
why no such changes are recommended.'';
(B) by redesignating subsections (f) and (g) as
subsections (d) and (e), respectively; and
(C) by adding at the end the following:
``(f) No Fees.--No consumer reporting agency may charge a consumer
any fee for any activity pursuant to this section.'';
(2) in section 607(a) (15 U.S.C. 1681e(a)), by inserting
``Every consumer reporting agency shall use commercially
reasonable efforts to avoid unauthorized access to consumer
reports and information in the file of a consumer maintained by
the consumer reporting agency, including complying with any
appropriate standards established under section 501(b) of the
Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)).'' after the end of
the third sentence;
(3) in section 609 (15 U.S.C. 1681g), by striking
subsection (b) and inserting the following:
``(b) Scope of Disclosure.--The Director of the Bureau shall
promulgate regulations to clarify that any information held by a
consumer reporting agency about a consumer shall be disclosed to the
consumer when a consumer makes a written request, irrespective of
whether the information is held by the parent, subsidiary, or affiliate
of a consumer reporting agency.''; and
(4) in section 610(a)(1) (15 U.S.C. 1681h(a)(1)), by
striking ``section 609'' and inserting ``sections 604 and
609''.
(b) Technical and Conforming Amendments.--The Fair Credit Reporting
Act (15 U.S.C. 1681 et seq.) is amended--
(1) in section 603(d)(3) (15 U.S.C. 1681a(d)(3)), in the
matter preceding subparagraph (A), by striking ``604(g)(3)''
and inserting ``604(e)(3)'';
(2) in section 615(d) (15 U.S.C. 1681m(d))--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``604(c)(1)(B)'' and inserting
``604(c)(3)(A)(ii)''; and
(ii) in subparagraph (E), by striking
``604(e)'' and inserting ``604(c)(5)(D)''; and
(B) in paragraph (2)(A), by striking ``604(e)'' and
inserting ``604(c)(5)(D)''; and
(3) in section 625(b)(1)(A) (15 U.S.C. 1681t(b)(1)(A)), by
striking ``subsection (c) or (e) of section 604'' and inserting
``604(c)''. | Control Your Personal Credit Information Act of 2018 This bill amends the Fair Credit Reporting Act to require a consumer's affirmative written consent before a consumer reporting agency may share that consumer's report with third parties for specified purposes. A consumer must provide proper identification when giving this consent. (Currently, this sharing is generally allowed unless a consumer opts out.) If the consumer provides consent, a consumer reporting agency may share information with a third party for: an extension of credit, or the underwriting of insurance. A consumer reporting agency may provide a consumer report in connection with transactions not initiated by the consumer only if: the consumer provides affirmative consent, and the transaction consists of a firm offer of credit or insurance. The Government Accountability Office must report on how best to protect information collected in consumer files. Consumer reporting agencies may not charge consumers fees in connection with furnishing consumer reports. The bill requires consumer reporting agencies to use reasonable efforts to prevent data breaches of consumer reports. | {"src": "billsum_train", "title": "Control Your Personal Credit Information Act of 2018"} | 2,420 | 209 | 0.627595 | 1.742342 | 0.733806 | 2.257576 | 10.792929 | 0.813131 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kisatchie National Forest Land
Conveyance Act''.
SEC. 2. FINDING.
Congress finds that it is in the public interest to authorize the
conveyance of certain Federal land in the Kisatchie National Forest in
the State of Louisiana for market value consideration.
SEC. 3. DEFINITIONS.
In this Act:
(1) Collins camp properties.--The term ``Collins Camp
Properties'' means Collins Camp Properties, Inc., a corporation
incorporated under the laws of the State.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of
Louisiana.
SEC. 4. AUTHORIZATION OF CONVEYANCES, KISATCHIE NATIONAL FOREST,
LOUISIANA.
(a) Authorization.--
(1) In general.--Subject to valid existing rights and
subsection (b), the Secretary may convey the Federal land
described in paragraph (2) by quitclaim deed at public or
private sale, including competitive sale by auction, bid, or
other methods.
(2) Description of land.--The Federal land referred to in
paragraph (1) consists of--
(A) all Federal land within sec. 9, T. 10 N., R. 5
W., Winn Parish, Louisiana; and
(B) a 2.16-acre parcel of Federal land located in
the SW\1/4\ of sec. 4, T. 10 N., R. 5 W., Winn Parish,
Louisiana, as depicted on a certificate of survey dated
March 7, 2007, by Glen L. Cannon, P.L.S. 4436.
(b) First Right of Purchase.--Subject to valid existing rights and
section 6, during the 1-year period beginning on the date of enactment
of this Act, on the provision of consideration by the Collins Camp
Properties to the Secretary, the Secretary shall convey, by quitclaim
deed, to Collins Camp Properties all right, title and interest of the
United States in and to--
(1) not more than 47.92 acres of Federal land comprising
the Collins Campsites within sec. 9, T. 10 N., R. 5 W., in Winn
Parish, Louisiana, as generally depicted on a certificate of
survey dated February 28, 2007, by Glen L. Cannon, P.L.S. 4436;
and
(2) the parcel of Federal land described in subsection
(a)(2)(B).
(c) Terms and Conditions.--The Secretary may--
(1) configure the Federal land to be conveyed under this
Act--
(A) to maximize the marketability of the
conveyance; or
(B) to achieve management objectives; and
(2) establish any terms and conditions for the conveyances
under this Act that the Secretary determines to be in the
public interest.
(d) Consideration.--Consideration for a conveyance of Federal land
under this Act shall be--
(1) in the form of cash; and
(2) in an amount equal to the market value of the Federal
land being conveyed, as determined under subsection (e).
(e) Market Value.--The market value of the Federal land conveyed
under this Act shall be determined--
(1) in the case of Federal land conveyed under subsection
(b), by an appraisal that is--
(A) conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions; and
(B) approved by the Secretary; or
(2) if conveyed by a method other than the methods
described in subsection (b), by competitive sale.
(f) Hazardous Substances.--
(1) In general.--In any conveyance of Federal land under
this Act, the Secretary shall meet disclosure requirements for
hazardous substances, but shall otherwise not be required to
remediate or abate the substances.
(2) Effect.--Nothing in this section otherwise affects the
application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) to the conveyances of Federal land.
SEC. 5. PROCEEDS FROM THE SALE OF LAND.
The Secretary shall deposit the proceeds of a conveyance of Federal
land under section 4 in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
SEC. 6. ADMINISTRATION.
(a) Costs.--As a condition of a conveyance of Federal land to
Collins Camp Properties under section 4, the Secretary shall require
Collins Camp Properties to pay at closing--
(1) reasonable appraisal costs; and
(2) the cost of any administrative and environmental
analyses required by law (including regulations).
(b) Permits.--
(1) In general.--An offer by Collins Camp Properties for
the acquisition of the Federal land under section 4 shall be
accompanied by a written statement from each holder of a Forest
Service special use authorization with respect to the Federal
land that specifies that the holder agrees to relinquish the
special use authorization on the conveyance of the Federal land
to Collins Camp Properties.
(2) Special use authorizations.--If any holder of a special
use authorization described in paragraph (1) fails to provide a
written authorization in accordance with that paragraph, the
Secretary shall require, as a condition of the conveyance, that
Collins Camp Properties administer the special use
authorization according to the terms of the special use
authorization until the date on which the special use
authorization expires.
Passed the House of Representatives October 31, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Kisatchie National Forest Land Conveyance Act (Sec. 4) The bill authorizes the Department of Agriculture (USDA) to sell specified federal land in the Kisatchie National Forest in Winn Parish, Louisiana, for fair market value. USDA shall convey a portion of that land to Collins Camp Properties, Inc. USDA may configure the federal land to be conveyed so as to maximize the marketability of the conveyance or to achieve management objectives. Consideration for a conveyance of federal land under this bill shall be in cash. In any conveyance of federal land under this bill, USDA shall meet disclosure requirements for hazardous substances but shall not otherwise be required to remediate or abate such substances. (Sec. 5) USDA shall deposit the proceeds from such conveyances in the fund established under the Sisk Act. (Sec. 6) USDA shall require Collins Camp Properties to pay at closing reasonable appraisal costs and the cost of any administrative and environmental analyses required by law. An offer by Collins Camp Properties for acquiring the federal land must be accompanied by a written statement from each holder of a Forest Service special use authorization with respect to such land specifying that the holder agrees to relinquish that authorization upon the conveyance of such land to Collins Camp Properties. If a holder fails to furnish such a written statement, USDA shall require Collins Camp Properties to administer that authorization in accordance with its terms until it expires. | {"src": "billsum_train", "title": "Kisatchie National Forest Land Conveyance Act"} | 1,249 | 316 | 0.598936 | 2.165744 | 0.722994 | 3.512915 | 4.092251 | 0.863469 |
SECTION 1. ESTABLISHMENT OF ETHICAL ADVISORY BOARD.
Part G of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by inserting after section 492 the following new
section:
``certain provisions regarding review and approval of proposals for
research
``Sec. 492A. (a) Review as Precondition to Research.--
``(1) Protection of human research subjects.--
``(A) In the case of any application submitted to
the Secretary for financial assistance to conduct
research, the Secretary may not approve or fund any
application that is subject to review under section
491(a) by an Institutional Review Board unless the
application has undergone review in accordance with
such section and has been recommended for approval by a
majority of the members of the Board conducting such
review.
``(B) In the case of research that is subject to
review under procedures established by the Secretary
for the protection of human subjects in clinical
research conducted by the National Institutes of
Health, the Secretary may not authorize the conduct of
the research unless the research has, pursuant to such
procedures, been recommended for approval.
``(2) Peer review.--In the case of any application
submitted to the Secretary for financial assistance to conduct
research, the Secretary may not approve or fund any application
that is subject to technical and scientific peer review under
section 492(a) unless the application has undergone peer review
in accordance with such section and has been recommended for
approval by a majority of the members of the entity conducting
such review.
``(b) Ethical Review of Research.--
``(1) Establishment of a standing ethical advisory board.--
``(A) Not later than 180 days after the date of
enactment of this Act, the Secretary, in accordance
with subpart B of part 46 of title 45, Code of Federal
Regulations, and with the recommendations of the
National Commission for the Protection of Human
Subjects of Biomedical and Behavioral Research, shall
establish a standing Ethical Advisory Board (hereafter
referred to in this section as the `Board').
``(B) The Board shall advise, report on, and make
recommendations to the Secretary and the Congress
regarding the ethical, legal, and social acceptability
of supporting specific biomedical and behavioral
research designs, applications, or proposals submitted
to it by the Secretary or any Agency Head within the
Department, and shall prepare reports and make
recommendations concerning ethical policies relating to
biomedical and behavioral research referred to it by
the Secretary, Agency Heads, or Congressional
Committees. With the approval of the Secretary, the
Board may develop reports and make recommendations
concerning other matters that it considers of major
importance to the general public.
``(C)(i) The Board shall be composed of 15
individuals who are not officers or employees of the
United States to be appointed as follows:
``(I) Five individuals shall be appointed
by the President.
``(II) Five individuals shall be appointed
by the Speaker of the House of Representatives
in consultation with the Minority Leader.
``(III) Five individuals shall be appointed
by the Majority Leader of the Senate in
consultation with the Minority Leader.
``(ii) In appointing individuals under clause (i),
the appointing authority shall ensure that such
individuals possess special qualifications and
competence to provide advice and recommendations
regarding ethical matters in biomedical and behavioral
research. Of the members of the Board--
``(I) at least one shall be an attorney;
``(II) at least one shall be a professional
ethicist;
``(III) at least one shall be a practicing
physician;
``(IV) at least one shall be a theologian;
and
``(V) at least one-third, and no more than
one-half, of all such members shall be
scientists who have made significant
contributions to the advancement of biomedical
or behavioral science.
``(D) The terms of service of members of the Board
shall be for 3 years. The initial members of the Board
shall be appointed to serve staggered terms of 1, 2 or
3 years. If a member does not complete a full term of
service, the individual appointed to fill the resulting
vacancy shall be appointed for the remainder of the
term of the predecessor of the individual. A member may
be reappointed to serve no more than two consecutive
full terms.
``(E) A member of the Board shall be subject to
removal from the Board by the Secretary for neglect of
duty, malfeasance, or for other good cause as
demonstrated by the Secretary.
``(F) The members of the Board shall select one
member to serve as the chairperson of the Board. The
chairperson shall serve not more than one consecutive
3-year term.
``(G) In carrying out its responsibilities as
described in subparagraph (B), the Board shall hold
such inquiries, hold public hearings, enter into
contracts the aggregate of which shall not exceed
$300,000 per year, and report to the Secretary and to
the Congress the results and recommendations that
result from its deliberations.
``(H) With respect to information relevant to the
duties described in subparagraph (B), the Board shall
have access to all such information possessed by the
Department of Health and Human Services, or available
to the Secretary from other sources.
``(I) With respect to the duties described in
subparagraph (B), the members of the Board shall
receive compensation for each day they are engaged in
carrying out the purposes of the Board, including time
engaged in traveling for such purposes. Such
compensation may not be provided in an amount in excess
of the maximum rate of basic pay accorded for
individuals GS-18 of the General Schedule.
``(J) The Secretary, acting through the Director of
the National Institutes of Health, shall provide the
Board with staff and such other assistance necessary to
carrying out the duties of the Board.
``(K) Prior to reconstituting the Board, the
Secretary shall, through a statement published in the
Federal Register, announce the intention of the
Secretary to constitute the Board.
``(L) A statement issued under subparagraph (K)
shall include a request that interested parties submit
to the Secretary recommendations specifying the
particular individuals who should be appointed to the
Board. The Secretary shall consider such
recommendations in making appointments to the Board.
``(M) The appointments to the Board under
subparagraph (C) shall not take effect until the
expiration of the 30-day period beginning with the date
on which the statement required in subparagraph (K) is
made with respect to the Board.
``(2) Procedures regarding the withholding of funds.--
``(A) If research has been recommended for approval
for purposes of subsection (a), the Secretary may not
withhold funding for the research on ethical grounds
unless--
``(i) the Secretary refers the proposal
within 30 days to the Board in accordance with
paragraph (1) to study the ethical implications
of the research; and
``(ii)(I) the majority of the Board
recommends that, on ethical grounds, the
Secretary withhold funds for the research; or
``(II) the majority of the Board recommends
that the Secretary not withhold funds for the
research on ethical grounds, but the Secretary
determines, on the basis of the report
submitted under subparagraph (D) that there is
a reasonable basis for overruling the Board's
recommendations.
``(B) The limitation established in subparagraph
(A) regarding the authority to withhold funds on
ethical grounds shall apply without regard to whether
the withholding such funds is characterized as a
disapproval, a moratorium, a prohibition, or other
description.
``(C) Not later than 180 days after the date on
which the matter is referred under subparagraph (A) to
the Board, the Board shall submit to the Secretary, and
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate, a report describing the
findings of the Board regarding the project of research
involved and making a recommendation under subparagraph
(A)(ii) of whether the Secretary should or should not
withhold funds for the project. The report shall
include the information considered in making the
findings.''. | Amends the Public Health Service Act to require additional review procedures prior to the approval of research applications.
Requires the Secretary to establish a standing Ethical Advisory Board to: (1) advise, report on, and make recommendations to the Secretary and the Congress regarding ethical, legal, and social acceptability of supporting specific biomedical and behavioral research designs, applications, or proposals submitted to it by the Secretary or any Agency Head within the Department of Health and Human Services; and (2) prepare reports and make recommendations concerning ethical policies relating to biomedical and behavioral research referred to it by the Secretary, Agency Heads, or congressional committees. Authorizes the Board to develop reports and make recommendations concerning other matters that it considers of major importance to the general public. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish an Ethical Advisory Board, and for other purposes."} | 1,795 | 161 | 0.628138 | 1.720817 | 0.927778 | 5.609589 | 12.082192 | 0.952055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lobbyist Disclosure Enhancement
Act''.
SEC. 2. MODIFICATIONS TO ENFORCEMENT.
(a) Lobbying Disclosure Act Task Force.--
(1) Establishment.--The Attorney General shall establish
the Lobbying Disclosure Act Enforcement Task Force (in this
subsection referred to as the ``Task Force'').
(2) Functions.--The Task Force--
(A) shall have primary responsibility for
investigating and prosecuting each case referred to the
Attorney General under section 6(a)(8) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605(a)(8));
(B) shall collect and disseminate information with
respect to the enforcement of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1601 et seq.);
(C) shall audit, at a minimum on an annual basis,
and as frequently as deemed necessary by the Task
Force, the extent of compliance or noncompliance with
the requirements of the Lobbying Disclosure Act of 1995
by lobbyists, lobbying firms, and registrants under
that Act through a random sampling of lobbying
registrations and reports filed under that Act during
each calendar year; and
(D) shall establish, publicize, and operate a toll-
free telephone number to serve as a hotline for members
of the public to report noncompliance with lobbyist
disclosure requirements under the Lobbying Disclosure
Act of 1995, and shall develop a mechanism to allow
members of the public to report such noncompliance
online.
(b) Referral of Cases to the Attorney General.--Section 6(a) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)) is amended--
(1) in paragraph (8), by striking ``United States Attorney
for the District of Columbia'' and inserting ``Attorney
General''; and
(2) in paragraph (11), by striking ``United States Attorney
for the District of Columbia'' and inserting ``Attorney
General''.
(c) Recommendations for Improved Enforcement.--The Attorney General
may make recommendations to Congress with respect to--
(1) the enforcement of and compliance with the Lobbying
Disclosure Act of 1995; and
(2) the need for resources available for the enhanced
enforcement of the Lobbying Disclosure Act of 1995.
(d) Information in Enforcement Reports.--Section 6(b)(1) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(b)(1)) is amended by
striking ``by case'' and all that follows through ``public record'' and
inserting ``by case and name of the individual lobbyists or lobbying
firms involved, any sentences imposed''.
SEC. 3. DEFINITION OF LOBBYIST.
Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1602(10)) is amended by striking ``, other than an individual'' and all
that follows through ``period''.
SEC. 4. EXPEDITED ONLINE REGISTRATION OF LOBBYISTS; EXPANSION OF
REGISTRANTS.
Section 4(a)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1603(a)(1)) is amended--
(1) by striking ``45 days'' and inserting ``5 days'';
(2) by striking ``, or on the first business day after such
45th day if such 45th day is not a business day,'' and
inserting ``, or on the first business day occurring after such
5th day if such 5th day does not occur on a business day,'';
and
(3) by inserting ``online'' after ``shall register''.
SEC. 5. DISCLOSURE OF ADDITIONAL INFORMATION BY LOBBYISTS.
Section 5(b)(2)(A) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1604(b)(2)(A)) is amended--
(1) by striking ``(A)'' and inserting ``(A)(i)'';
(2) by adding ``and'' after the semicolon; and
(3) by adding at the end the following:
``(ii) for each issue listed under clause (i), a
list identifying--
``(I) each covered executive branch
official with whom the lobbyist engaged in
lobbying activities;
``(II) each covered legislative branch
official with whom the lobbyist engaged in
lobbying activities and--
``(aa) if the official is an
employee of a Member of Congress, the
name of that Member of Congress; or
``(bb) if the official is an
employee described in clause (ii),
(iii), (iv), or (v) of section 3(4),
the name of the Member or Members of
Congress who hired the official or for
whom the official performs duties as
such official; and
``(III) the date of each lobbying
contact;''.
SEC. 6. DISCLOSURE OF POLITICAL CONTRIBUTIONS.
Section 5(d)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1604(d)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``30 days after'' and all that follows through ``30th day is
not'' and inserting ``20 days after the end of the quarterly
period beginning on the first day of January, April, July, and
October of each year, or on the first business day after such
20th day if such 20th day is not''; and
(2) by striking ``semiannual period'' each place it appears
and inserting ``quarterly period''.
SEC. 7. EFFECTIVE DATE.
(a) Section 2.--Section 2 and the amendments made by that section
take effect upon the expiration of the 90-day period beginning on the
date of the enactment of this Act.
(b) Amendments.--The amendments made by sections 3, 4, 5, and 6
take effect on the first day of the first quarterly period described in
section 5(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(a))
that begins after the end of the 90-day period beginning on the date of
the enactment of this Act. | Lobbyist Disclosure Enhancement Act - Requires the Attorney General to establish the Lobbying Disclosure Act Enforcement Task Force. Grants such Task Force primary responsibility for investigating and prosecuting each case referred to the Attorney General under the Lobbying Disclosure Act of 1995. Requires such Task Force to: (1) collect and disseminate information on the enforcement of such Act; (2) audit at least annually the extent of compliance with such Act; and (3) establish, publicize, and operate a toll-free telephone hotline for members of the public to report noncompliance with lobbyist disclosure requirements.
Amends the Lobbying Disclosure Act of 1995 to: (1) require notifications of noncompliance of lobbyist diclosure requirements to the Attorney General (instead of the U.S. Attorney for the District of Columbia); (2) amend the definition of "lobbyist" under such Act to eliminate the exemption from such Act of certain lobbyists who work for a client on a part-time basis; (3) require lobbyists to register with the Senate and House of Representatives within 5 days after a lobbying contact (currently, 45 days); and (4) expand disclosure requirements relating to contacts with executive and legislative branch officials and political contributions. | {"src": "billsum_train", "title": "To create a Lobbying Disclosure Act Task Force, and to make certain modifications to the Lobbying Disclosure Act of 1995."} | 1,478 | 270 | 0.693807 | 2.05246 | 0.894004 | 2.560669 | 5.112971 | 0.820084 |
SECTION 1. RECLAMATION FEE.
(a) Rates.--Section 402(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
(1) by striking ``35 cents per ton'' and inserting ``28
cents per ton'';
(2) by striking ``15 cents per ton'' and inserting ``12
cents per ton''; and
(3) by striking ``10 cents per ton'' and inserting ``8
cents per ton''.
(b) Establishment of Rates by Regulation.--Section 402(b) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b))
is amended by striking ``September 30, 2004, after which time the fee
shall be established at a rate to continue to provide for the deposit
referred to in subsection (h) of this section'' and inserting
``September 30, 2019. After that date, the Secretary shall, by
regulation, establish the fee at a rate sufficient to provide for the
transfers required under subsection (h)''.
SEC. 2. TRANSFERS OF FUNDS.
Section 402(h) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232(h)) is amended to read as follows:
``(h) Transfers of Interest Earned by Fund.--
``(1) In general.--The Secretary shall, as of the beginning
of each fiscal year beginning on or after October 1, 2004, and
before making any allocation with respect to the fiscal year
under subsection (g), use an amount not to exceed the amount of
interest that the Secretary estimates will be earned and paid
to the fund during the fiscal year to make the transfers
described in paragraph (2).
``(2) Transfers described.--The transfers referred to in
paragraph (1) are the following:
``(A) A transfer to the United Mine Workers of
America Combined Benefit Fund, in an amount equal to
the difference between--
``(i) the amount that the trustees of the
Combined Benefit Fund estimate will be expended
from the premium accounts maintained by the
Combined Benefit Fund for the fiscal year of
the fund in which the transfer is made; minus
``(ii) the amount the trustees of the
Combined Benefit Fund estimate the Combined
Benefit Fund will receive during such fiscal
year in required health benefit premiums.
``(B) A transfer to the United Mine Workers of
America 1992 Benefit Plan, in an amount equal to the
difference between--
``(i) the amount that the trustees of the
1992 Benefit Plan estimate will be expended
from the 1992 Benefit Plan during the next
calendar year to provide the benefits required
by the 1992 Benefit Plan on the date of
enactment of this subparagraph; minus
``(ii) the amount that the trustees of the
1992 Benefit Plan estimate the 1992 Benefit
Plan will receive during such calendar year in
required monthly per beneficiary premiums,
including the amount of any security provided
to the 1992 Benefit Plan that is available for
use in the provision of benefits.
``(C) A transfer to the multiemployer health
benefit plan established after July 20, 1992, by the
parties that are the settlors of the 1992 Benefit Plan
referred to in subparagraph (B), in an amount equal to
the difference between--
``(i) the amount that the trustees of the
multiemployer health benefit plan estimate will
be expended from such plan during the next
calendar year, to provide benefits no greater
than those provided by such plan on the date of
enactment of this subparagraph; minus
``(ii) the amount of income that such
trustees estimate such plan will receive during
such calendar year.
``(3) Adjustment.--If, for any fiscal year, the amount of a
transfer under subparagraph (A), (B), or (C) of paragraph (2)
is more or less than the amount required to be transferred
under that subparagraph, the Secretary shall appropriately
adjust the amount transferred under that subparagraph for the
next fiscal year.
``(4) Additional amounts.--
``(A) Previously credited interest.--
Notwithstanding any other provision of law, any
interest credited to the fund that has not previously
been transferred to the Combined Benefit Fund referred
to in paragraph (2)(A) under this section shall be
used--
``(i) to transfer to the Combined Benefit
Fund such amounts as are estimated by the
trustees of the Combined Benefit Fund to offset
the amount of any deficit in net assets in the
Combined Benefit Fund; and
``(ii) to the extent any such interest
remains after the transfer under clause (i), to
make the transfers described in subparagraphs
(A), (B), and (C) of paragraph (2).
``(B) Previously allocated amounts.--All amounts
allocated under subsection (g)(2), including interest,
before the date of enactment of this subparagraph for
the program set forth under section 406, but not
appropriated prior to such date, shall be available to
the Secretary to make the transfers described in
paragraph (2).
``(5) Limitations.--
``(A) The Secretary may make transfers under
subparagraphs (B) and (C) of paragraph (2) for a fiscal
year only if the Secretary determines, using actuarial
projections provided by the trustees of the Combined
Benefit Fund referred to in paragraph (2)(A), that
amounts will be available under paragraph (1), after
such transfer, for the next fiscal year for making the
transfer under paragraph (2)(A).
``(B) A transfer under paragraph (2)(C) shall not
be made for a fiscal year unless the persons that are
obligated to contribute to the plan referred to in
paragraph (2)(C) on the date of the transfer are
obligated to make such contributions at rates that are
no less than those in effect on the date of enactment
of this subparagraph.'' | Amends the Surface Mining Control and Reclamation Act of 1977 to reduce reclamation fees required to be paid by operators of coal mining operations.
Revises the statutory formula under which the Secretary of the Interior is required to transfer funds from the Abandoned Mine Reclamation Fund to: (1) United Mine Workers of America Combined Benefit Fund; (2) United Mine Workers of America 1992 Benefit Plan; and (3) the multiemployer health benefit plan established after July 1991, by the parties that are settlors of the 1992 Benefit Plan.
Prescribes guidelines for transfer by the Secretary of additional amounts of previously credited interest and previously allocated amounts. | {"src": "billsum_train", "title": "A bill to amend the Surface Mining Control and Reclamation Act of 1977 to reduce the amounts of reclamation fees, to modify requirements relating to transfers from the Abandoned Mine Reclamation Fund, and for other purposes."} | 1,319 | 136 | 0.505707 | 1.459871 | 0.561695 | 2.7 | 10.375 | 0.883333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Furthering Access and Networks for
Sports Act'' or the ``FANS Act''.
SEC. 2. DEFINITION.
In this Act, the term ``Sports Broadcasting Act of 1961'' means the
Act of September 30, 1961 (15 U.S.C. 1291 et seq.).
SEC. 3. AMENDMENTS TO THE SPORTS BROADCASTING ACT OF 1961.
(a) Elimination of Antitrust Exemption for Sports Blackouts During
Retransmission Consent Negotiations.--Section 1 of the Sports
Broadcasting Act of 1961 (15 U.S.C. 1291) is amended by adding at the
end the following: ``The antitrust exemption established under this
section shall not apply to any league of clubs participating in
professional football, baseball, basketball, or hockey contests that
does not expressly prohibit sponsored telecast licensees of such
league, and any agreement with any video licensee, from intentionally
removing the live content of such league from a multichannel video
programming distributor (as defined in section 602 of the
Communications Act of 1934 (47 U.S.C. 522)), when such removal occurs
during or is related to a negotiation regarding carriage of the games
of such league by the multichannel video programming distributor.''.
(b) Elimination of Antitrust Exemption for Local Sports
Blackouts.--Section 2 of the Sports Broadcasting Act of 1961 (15 U.S.C.
1292) is amended by striking ``, except within the home territory of a
member club of the league on a day when such club is playing a game at
home''.
(c) Availability of Games Over the Internet Where Not Otherwise
Available on Television.--The Sports Broadcasting Act of 1961 is
amended--
(1) by redesignating sections 4 through 6 as sections 5
through 7, respectively; and
(2) by inserting after section 3 the following:
``Sec. 4.
``(a) The antitrust exemption established under section 1 of this
Act shall not apply to any league of clubs participating in
professional football, baseball, basketball, or hockey contests that
does not make a sponsored telecast of a covered game available to
consumers, for a fee or otherwise, using an Internet platform, in any
territory in which the game is not available for private viewing
through a local television broadcast station or any available
multichannel video programming distributor.
``(b) For purposes of this section--
``(1) the term `covered game' means a game that--
``(A) is played in the home territory of a member
club of a league described in subsection (a); and
``(B) is not available for private viewing through
a local television broadcast station or any available
multichannel video programming distributor;
``(2) the term `multichannel video programming distributor'
has the meaning given the term in section 602 of the
Communications Act of 1934 (47 U.S.C. 522);
``(3) the term `television broadcast station' has the
meaning given the term in section 325(b)(7) of the
Communications Act of 1934 (47 U.S.C. 325(b)(7)); and
``(4) the term `Internet platform' means a delivery
mechanism that uses packet-switched protocol or any successor
technology.''.
SEC. 4. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE
BASEBALL.
Section 27 of the Clayton Act (15 U.S.C. 26b) is amended--
(1) in subsection (a)--
(A) by striking ``subsections (b) through (d)'' and
inserting ``subsections (b) and (c)''; and
(B) by striking ``directly relating to or affecting
employment of major league baseball players to play
baseball at the major league level'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``, any conduct, acts, practices or agreements
that do not directly relate to or affect employment of
major league baseball players to play baseball at the
major league level, including but not limited to'';
(B) in paragraph (3)--
(i) by inserting ``or'' before ``franchise
ownership''; and
(ii) by striking ``, the relationship'' and
all that follows through ``collectively'';
(C) by striking paragraph (4); and
(D) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection (c).
SEC. 5. EFFECTIVE DATE; APPLICABILITY.
The amendments made by this Act shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any contract or agreement entered into or
modified by a league subject to the requirements of the Sports
Broadcasting Act of 1961 on or after the date of enactment of
this Act. | Furthering Access and Networks for Sports Act or the FANS Act - Amends the Sports Broadcasting Act of 1961 to deny the antitrust exemption for joint agreements covering the telecasting of sports contests to any league of clubs participating in professional football, baseball, basketball, or hockey contests that does not: (1) expressly prohibit sponsored telecast licensees of such league, and any agreement with any video licensee, from intentionally removing the live content of such league from a multichannel video programming distributor when such removal occurs during, or is related to a negotiation regarding, carriage of the league's games by such distributor; or (2) make a sponsored telecast of a game that is played in the home territory of a member club available to consumers, using an Internet platform, in any territory in which the game is not available for private viewing through a local television broadcast station or any available multichannel video programming distributor. Repeals the exception that allows the antitrust exemption for such a joint agreement that prohibits televising games within the home territory of a member club on a day when such club is playing at home. Amends the Clayton Act to: (1) subject the conduct, acts, practices, or agreements of persons in the business of organized professional major league baseball (currently, only such conduct, acts, practices, or agreements directly relating to or affecting employment of major league baseball players at the major league level) to the antitrust laws to the same extent that such conduct, acts, practices, or agreements engaged in by persons in any other professional sports business affecting interstate commerce are subject to such laws; and (2) repeal provisions granting only a major league baseball player standing to sue. Eliminates provisions specifying that such Act does not create, permit, or imply a cause of action by which to challenge under the antitrust laws: (1) the relationship between the Office of the Commissioner and franchise owners, the marketing or sales of the entertainment product of organized professional baseball, and the licensing of intellectual property rights owned or held by organized professional baseball teams; or (2) any conduct, acts, practices, or agreements protected by the Sports Broadcasting Act of 1961. | {"src": "billsum_train", "title": "FANS Act"} | 1,141 | 465 | 0.719872 | 2.117304 | 0.842968 | 3.97343 | 2.47343 | 0.852657 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Health Insurance Act of
1998''.
SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Premium Limitations With Respect to Individual Coverage.--
Section 2741 of the Public Health Service Act (42 U.S.C. 300gg-41) is
amended--
(1) by redesignating the second subsection (e) and
subsection (f) as subsections (f) and (g), respectively; and
(2) by adding at the end thereof the following:
``(h) Premium Limitations.--
``(1) In general.--With respect to an eligible individual
desiring to enroll in, or renew, individual health insurance
coverage under this section, the health insurance issuer that
offers such coverage shall not charge such individual a premium
rate for such coverage that is higher than a rate equal to 150
percent of the average standard risk rate (as determined under
paragraph (2)) of the issuer for individual health insurance
offered in the State or applicable marketing or service area
(as determined pursuant to regulations).
``(2) Average standard risk rate.--As used in paragraph
(1), the term `average standard risk rate' means the following:
``(A) Guaranteed issue of all policies.--In the
case of a health insurance issuer that meets the
requirements of this section with respect to individual
health insurance coverage by meeting the requirements
of subsection (a)(1), the standard risk rate for the
policy in which the eligible individual is enrolled or
desires to enroll.
``(B) Guaranteed issue of two most popular
policies.--In the case of a health insurance issuer
that meets the requirements of this section with
respect to individual health insurance coverage through
a mechanism described in subsection (c)(2), the
standard risk rate for the policy in which the eligible
individual is enrolled or desires to enroll.
``(C) Guaranteed issue of two policy forms with
representative coverage.--In the case of a health
insurance issuer that meets the requirements of this
section with respect to individual health insurance
coverage through a mechanism described in subsection
(c)(3), the average of the standard risk rates for the
most common policy forms offered by the issuer in the
State or applicable marketing or service area (as
determined pursuant to regulations), established using
reasonable actuarial techniques to adjust for the
difference in actuarial values among such policy forms, subject to
review and approval or disapproval of the applicable regulatory
authority.
(b) State Flexibility.--Section 2744(c) of the Public Health
Service Act (42 U.S.C. 300gg-44(c)) is amended--
(1) in paragraph (1), by inserting before the period the
following: ``, except that in applying any such model act, an
eligible individual shall not be charged a premium rate that is
higher than a rate equal to 150 percent of the standard risk
rate of the issuer'';
(2) in paragraph (2)(B), by inserting before the period the
following: ``, except that an eligible individual shall not be
charged a premium rate that is higher than a rate equal to 150
percent of the standard risk rate as determined under the Model
Plan''; and
(3) by adding at the end the following:
``(4) Limitation.--
``(A) In general.--In the case of a mechanism
described in subparagraph (A) or (B) of paragraph (3),
a State shall not be considered to be implementing an
acceptable alternative mechanism unless the mechanism
limits the amount of premium rates that may be charged
to eligible individuals to not more than 150 percent of
the standard risk rate.
``(B) Standard risk rate.--For purposes of
subparagraph (A), the term `standard risk rate' means--
``(i) in the case of a mechanism under
paragraph (3)(A), and as determined by the
Secretary to be appropriate with respect to the
State mechanism involved--
``(I) the rate determined under
section 2741(h)(2)(A);
``(II) the rate determined pursuant
to the standards included in the Model
Plan described in paragraph (2)(B); or
``(III) the rate determined
pursuant to such other method of
calculation as is determined by the
State and approved by the Secretary as
appropriate to achieve the goal of this
subsection; and
``(ii) in the case of a mechanism under
paragraph (3)(B), the rate determined under
section 2741(h)(2)(A).''.
SEC. 3. EFFECTIVE DATE.
The amendments made by--
(1) section 2(a) shall apply to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market on the date that is 6 months after the date
of enactment of the Act; and
(2) section 2(b) shall apply with respect to a State that
adopted an alternative mechanism under section 2744 of the
Public Health Service Act (42 U.S.C. 300gg-44) on the date that
is 1 year after the date of enactment of this Act. | Affordable Health Insurance Act of 1998 - Amends the Public Health Service Act to limit the premiums an insurer may charge for new or renewal individual enrollment for an individual who is eligible because of prior group coverage. Adds the same limit to provisions relating to State flexibility in individual market reforms. | {"src": "billsum_train", "title": "Affordable Health Insurance Act of 1998"} | 1,118 | 62 | 0.531934 | 1.149448 | 0.531485 | 1.4 | 19.072727 | 0.636364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings Enhancement by Alleviating
Leakage in 401(k) Savings Act of 2011'' or the ``SEAL 401(k) Savings
Act''.
SEC. 2. EXTENDED ROLLOVER PERIOD FOR THE ROLLOVER OF PLAN LOAN OFFSET
AMOUNTS IN CERTAIN CASES.
(a) In General.--Paragraph (3) of section 402(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Rollover of certain plan loan offset
amounts.--
``(i) In general.--In the case of a
qualified plan loan offset amount, paragraph
(1) shall not apply to any transfer of such
amount made after the due date (including
extensions) for filing the return of tax for
the taxable year in which such amount is
treated as distributed from a qualified
employer plan.
``(ii) Qualified plan loan offset amount.--
For purposes of this subparagraph, the term
`qualified plan loan offset amount' means a
plan loan offset amount which is treated as
distributed from a qualified employer plan to a
participant or beneficiary solely by reason
of--
``(I) the termination of the
qualified employer plan, or
``(II) the failure to meet the
repayment terms of the loan from such
plan because of the separation from
service of the participant (whether due
to layoff, cessation of business,
termination of employment, or
otherwise).
``(iii) Plan loan offset amount.--For
purposes of clause (ii), the term `plan loan
offset amount' means the amount by which the
participant's accrued benefit under the plan is
reduced in order to repay a loan from the plan.
``(iv) Limitation.--This subparagraph shall
not apply to any plan loan offset amount unless
such plan loan offset amount relates to a loan
to which section 72(p)(1) does not apply by
reason of section 72(p)(2).
``(v) Qualified employer plan.--For
purposes of this subsection, the term
`qualified employer plan' has the meaning given
such term by section 72(p)(4).''.
(b) Conforming Amendment.--Subparagraph (A) of section 402(c)(3) of
the Internal Revenue Code of 1986 is amended by striking ``subparagraph
(B)'' and inserting ``subparagraphs (B) and (C)''.
(c) Effective Date.--The amendments made by this section shall
apply to transfers made after the date of the enactment of this Act.
SEC. 3. MODIFICATION OF RULES GOVERNING HARDSHIP DISTRIBUTIONS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of the Treasury shall modify Treasury Regulation section
1.401(k)-1(d)(3)(iv)(E) to--
(1) delete the prohibition imposed by paragraph (2)
thereof, and
(2) to make any other modifications necessary to carry out
the purposes of section 401(k)(2)(B)(i)(IV) of the Internal
Revenue Code of 1986.
SEC. 4. QUALIFIED EMPLOYER PLANS PROHIBITED FROM MAKING LOANS THROUGH
CREDIT CARDS AND OTHER SIMILAR ARRANGEMENTS.
(a) In General.--Paragraph (2) of section 72(p) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraph (D) as
subparagraph (E) and by inserting after subparagraph (C) the following
new subparagraph:
``(D) Prohibition of loans through credit cards and
other similar arrangements.--Subparagraph (A) shall not
apply to any loan which is made through the use of any
credit card or any other similar arrangement.''
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the date which is 60 days after the
date of the enactment of this Act.
SEC. 5. LIMITATION ON NUMBER OF LOANS FROM QUALIFIED EMPLOYER PLANS
WHICH MAY BE OUTSTANDING WITH RESPECT TO ANY PARTICIPANT
OR BENEFICIARY.
(a) In General.--Paragraph (2) of section 72(p) of the Internal
Revenue Code of 1986, as amended by section 4, is amended by
redesignating subparagraph (E) as subparagraph (F) and by inserting
after subparagraph (D) the following new subparagraph:
``(E) Exception only to apply to 3 loans.--
Subparagraph (A) shall not apply to any loan made after
the date of the enactment of this subparagraph if,
immediately after such loan is made, the number of
outstanding loans from the plan to the participant or
beneficiary exceeds 3.''.
(b) Effective Date.--The amendments made by this section shall
apply to loans made after the date which is 1 year after the date of
the enactment of this Act. | Savings Enhancement by Alleviating Leakage in 401(k) Savings Act of 2011 or the SEAL 401(k) Act - Amends the Internal Revenue Code, with respect to loans made from a qualified employer plan, to: (1) extend the period for repayment of loans if a plan terminates or a plan participant becomes unemployed, (2) prohibit plans from allowing the use of credit cards or similar arrangements to access loan amounts, and (3) limit to three the number of loans which a plan participant or beneficiary may take at any time.
Requires the Secretary of the Treasury to modify regulations governing hardship distributions from qualified employer plans to allow participants to make additional contributions to a plan during the six month period following a hardship distribution. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the rules relating to loans made from a qualified employer plan, and for other purposes."} | 1,175 | 165 | 0.52091 | 1.472585 | 0.701933 | 2.316547 | 6.776978 | 0.834532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mercury Reclamation Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Mercury is a naturally occurring element that is found
in air, water and soil. It is a bioaccumulative toxin that is
easily absorbed through skin and respiratory and
gastrointestinal tissues.
(2) Communities across the country have been victims of
accidental and intentional releases of elemental mercury in
schools and other public and private buildings, exposing
citizens to harmful mercury vapors and costing millions of
dollars in property damage and remediation costs.
(3) Mercury deposition is a significant public health
threat in many States throughout the United States.
(4) According to a report by the National Academy of
Sciences, over 60,000 children are born each year in the United
States at risk for adverse neurodevelopmental effects due to
exposure to methyl mercury in utero.
(5) Current Federal hazardous waste regulations allow land
disposal of certain highly contaminated mercury wastes without
treatment to remove the mercury, despite Environmental
Protection Agency-sponsored studies concluding that such
disposal practices are not sufficiently protective of human
health and the environment.
(6) According to the Government Accountability Office, in
2003 over 26,000,000 pounds of mercury wastes disposed of in
landfills were not required to meet treatment standards
promulgated by the Environmental Protection Agency for the safe
mercury disposal.
(7) According to the Government Accountability Office, the
Environmental Protection Agency does not know how millions of
pounds of mercury wastes are treated prior to land disposal and
cannot be certain that businesses are properly managing their
mercury contaminated wastes.
(8) The Government Accountability Office determined that
many states and landfill operators are misidentifying highly
contaminated mercury wastes as ``debris'', which allows these
wastes to be landfilled without testing or mercury reclamation
as the law envisioned.
(9) Current Federal laws and regulations do not provide the
information necessary for regulators or the public to
accurately track mercury-containing items from generation to
disposal.
(10) Mercury is released to the environment when mercury-
containing products are discarded in landfills and broken in
the waste stream, polluting our water and threatening the
health of workers and others exposed to mercury vapors from
these releases.
(11) While mercury-containing wastes must be properly
managed and recycled whenever possible, the energy conservation
benefits of using mercury-based compact fluorescent lighting
are highly significant.
(12) Use of fluorescent lamps creates a net environmental
benefit, reducing mercury emissions by lowering energy demands
on power plants burning fossil fuels to generate electricity.
(13) Less than twenty-five percent of mercury-containing
lamps disposed of each year are recycled, leading to the
release of mercury from over one-half billion lamps broken in
solid waste without any mercury recovery.
(14) A study by a major retailer finds that changing 100
million light bulbs to compact fluorescent lights would: save
$3 billion in energy costs, keep 45 billion pounds of
greenhouse gases from reaching the atmosphere, and would
eliminate the need for 1.3 coal-fired power plants.
(15) The Federal government should develop specific
programs to increase the collection and recycling of mercury-
containing lighting devices, particularly from consumers and
small businesses. By stimulating the nation's ability to
collect and recycle mercury-containing lighting devices, the
Federal government will achieve the dual goals of energy
conservation and environmental protection.
(16) Current Federal laws and regulations allow many
discarded mercury items to escape regulation due to inadequate
mercury testing methods and loopholes allowing significant
amounts of waste to be improperly disposed of as solid waste
without mercury recovery and other environmental protections.
(17) Improved tracking of mercury-containing wastes is
critical to ensure that mercury is reclaimed from mercury
wastes whenever feasible.
SEC. 3. MERCURY WASTE PACKAGING, TRACKING AND STORAGE.
(a) Amendment of Solid Waste Disposal Act.--Subtitle D of the Solid
Waste Disposal Act is amended by adding the following new section at
the end thereof:
``SEC. 4011. MERCURY WASTE PACKAGING, TRACKING AND STORAGE.
``(a) Regulations.--The Administrator, in cooperation with the
Secretary of Transportation, shall review the storage, transportation,
tracking and packaging requirements of their respective departments and
agencies as they pertain to mercury-bearing solid waste, as defined in
section 1004(27) of this Act, including those wastes which qualify as
hazardous wastes under this Act, and shall promulgate, within 18-month
of enactment of the Mercury Reclamation Act of 2006, regulations to
protect public health and the environment governing the tracking,
storage, packaging, record keeping, and reporting on the shipments of
mercury-bearing waste. Such regulations shall address any deficiencies
in the current regulations of the Administrator and of the Secretary of
Transportation governing the transportation, storage, and packaging of
mercury-bearing wastes and intact, defective or broken mercury-
containing products.
``(b) Tracking.--The regulations under this section shall ensure
the ability of regulators and the public to track the generation,
treatment, and disposal of mercury wastes and require accountability
for both waste generators and treatment, storage, and disposal
facilities to properly identify and document mercury wastes and comply
with the proper treatment and disposal requirements for such wastes.
``(1) The regulations promulgated under this paragraph
shall include, but not be limited to, promulgation of
regulations necessary to ensure the ability of regulators and
the public to track the generation, treatment and disposal of
devices which contain mercury integral to their function and
ensure that such devices are properly treated prior to
disposal.
``(2) In the case of mercury-bearing waste subject to
section 3004(m), tracking requirements shall include a
statement of whether the shipment is intended to be treated to
reclaim the mercury, and a statement of justification in the
event the mercury contained in the waste is not being
reclaimed.
``(3) Tracking standards established pursuant to this
section for widely generated wastes, as determined by the
Administrator, shall be implemented in a manner that improves
the ability of regulators and the public to track the
generation, treatment and disposal of such wastes while
avoiding placing undue burdens on the collection and
transportation of such wastes that would discourage the proper
collection and treatment of such wastes.
``(c) Packaging Standards.--Based upon the review of the current
packaging standards for mercury-bearing waste shipments of the
Department of Transportation and the Environmental Protection Agency,
the Administrator shall promulgate such additional standards as may be
necessary to protect public health and the environment. Such
regulations shall be structured so as to prevent the release of mercury
and mercury vapor during the transportation and storage of mercury
bearing wastes
``(d) Households.--The tracking and packaging standards under this
section shall not apply to wastes generated by households, as defined
by the Administrator under this Act, until such wastes are received by
a treatment, storage or disposal facility.
``(e) Enforcement.--The provisions of subsections (a), (b), and (c)
of section 3008 shall apply to violations of subsection (a) of this
section in the same manner and to the same extent as such provisions
apply to violations of subtitle C.''.
(b) Table of Contents.--The table of contents for such subtitle D
is amended by adding the following new item at the end thereof:
``Sec. 4012. Mercury waste packaging, tracking and storage.''.
SEC. 4. DEVICES CONTAINING MERCURY.
(a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6941 and
following) is amended by adding the following new section at the end of
subtitle D:
``SEC. 4012. MERCURY DEVICE RECYCLING.
``(a) In General.--Effective 60 days following enactment of this
section, each person who generates any solid waste which consists of a
device that contains mercury integral to its function, including but
not limited to mercury added lighting, shall
``(1) take such steps as may be necessary to insure that
such solid waste is treated as necessary to reclaim the
mercury, or
``(2) transfer such solid waste to another person who has
accepted responsibility for such reclamation.
The Administrator shall promulgate such regulations as may be necessary
to carry out this subsection.
``(b) Household and Small Generator Exemption.--
``(1) The requirements of subsection (a) shall not apply to
any of the following categories of solid waste:
``(A) Solid waste from households, as defined by
the Administrator under this Act.
``(B) Solid waste generated by a person who
generates during a calendar month not more than 15
items to which subsection (a) would otherwise apply so
long as the mercury contained in the items generated in
a calendar month does not exceed one half ounce of
mercury.
``(2) The Administrator shall develop a voluntary
compliance program to maximize the collection of mercury
containing items that qualify for the exemption under paragraph
(1) of this subsection, particularly those programs involving
the take back of spent mercury lamps at the point-of-sale.
``(3) Nothing in this subsection shall affect the authority
of any State or local government to provide for the reclamation
of solid waste containing mercury.
``(c) State Programs.--Any State may notify the Administrator that
the State has adopted a program providing for the reclamation of
mercury from solid waste referred to in subsection (a). Upon receipt
and acceptance of such notification, compliance with the requirements
of the State program, as long as it remains in full force and effect,
shall constitute compliance with the requirement of subsection (a).
``(d) Enforcement.--The provisions of subsections (a), (b), and (c)
of section 3008 shall apply to violations of subsection (a) of this
section in the same manner and to the same extent as such provisions
apply to violations of subtitle C.''.
(b) Clerical Amendment.--The table of contents for such subtitle D
is amended by adding the following new item at the end thereof:
``Sec. 4012. Mercury device recycling.''.
(c) Reevaluation of Small Generator Exemption.--Consistent with
section 3001(d)(4) of the Solid Waste Disposal Act regarding small
quantity generators, the Administrator of the Environmental Protection
Agency shall assess and re-evaluate whether the current 100 kg/month
exemption for small quantity generators generally, is protective of
public health and the environment as it pertains to generators of
mercury-containing wastes.
SEC. 5. REQUIRING MERCURY RECLAMATION FROM HAZARDOUS MERCURY WASTES.
Section 3004(m) of the Solid Waste Disposal Act (42 U.S.C. 6924(m))
is amended by adding at the end the following new paragraph:
``(3) Effective 30 days after the date of enactment of this
paragraph, the treatment standards applicable to all hazardous
waste containing mercury in concentrations equal to or
exceeding 260 mg/kg shall require the recovery of mercury from
such waste prior to land disposal using a technology approved
by the Administrator for such wastes under regulations issued
pursuant to this subtitle. The Administrator may, consistent
with the protection of human health and the environment--
``(A) limit the organic content of such waste that
may be subjected to mercury recovery technologies;
``(B) limit the use of mercury recovery
technologies for radioactive wastes;
``(C) issue, by regulation, variances and
exceptions to the required use of mercury recovery
technologies, based on feasibility of mercury recovery;
and
``(D) revise such treatment standards to
incorporate the capabilities of the most advanced
available mercury recovery technologies.''.
SEC. 6. FUNDING FOR MERCURY PROGRAMS.
Section 2007 of the Solid Waste Disposal Act (42 U.S.C. 6941 and
following) is amended by adding the following new subsection at the end
thereof:
``(g) Funding for Mercury Programs.--There is authorized to be
appropriated to the Administrator to award contracts, grants and other
funding assistance needed to perform the following tasks (including
coordination with the mercury product manufacturing industry, the
mercury recycling industry, non-profit organizations, and the States)
not more than $50,000,000 for each fiscal year after the enactment of
the Mercury Reclamation Act of 2006:
``(1) Preparing an inventory of the legitimate uses of
mercury in commercial, industrial, consumer, and medical
applications, and the uses of mercury exported from the United
States.
``(2) Promoting the recovery of mercury from waste
materials.
``(3) Enforcement of Federal regulations for the management
of mercury wastes under section 4012 and making grants to
States for carrying out State regulatory programs under section
4012.
``(4) Promoting the establishment of mercury lamp take back
programs at the point-of-sale to assist consumers and small
businesses in the reclamation of spent mercury lamps and
devices.''.
SEC. 7. ANNUAL REPORT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Administrator shall transmit to the Congress a
report on the progress made under this Act. Such report shall include
at minimum each of the following:
(1) A progress summary of any regulatory actions taken in
response to the review under section 4011(a) of the Solid Waste
Disposal Act.
(2) A progress summary of mercury device recycling efforts
relating to this Act, including a quantitative analysis of the
amount of mercury recycled.
(3) A description of grants and amounts awarded under
section 2007(g) of the Solid Waste Disposal Act and of the
criteria used for awarding those grants.
(4) A detailed financial reporting of total administration
costs of carrying out this Act.
(5) A joint summary, by the Administrator and appropriate
State officials, that describes the coordination and
communication progress and problems between the Federal and
State Governments in carrying out this Act.
(6) Recommendations for greater efficiency or improvement
of administration of this Act. | Mercury Reclamation Act of 2006 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA), in cooperation with the Secretary of Transportation, to: (1) review storage, transportation, tracking and packaging requirements as they pertain to mercury-bearing solid waste; and (2) promulgate regulations governing the tracking, storage, packaging, record keeping, and reporting on the shipments of mercury-bearing waste. Requires such regulations to ensure the ability to track the generation, treatment, and disposal of mercury wastes and require accountability for waste generators and treatment, storage, and disposal facilities to identify and document wastes and comply with treatment and disposal requirements.
Requires the Administrator to promulgate packaging standards to prevent the release of mercury and mercury vapor during the transportation and storage of mercury-bearing wastes. Exempts from the standards wastes generated by households, until such wastes are received by a treatment, storage, or disposal facility.
Provides for enforcement through compliance orders.
Requires, with certain exemptions, that each person who generates any solid waste which consists of a device that contains mercury integral to its function: (1) take steps to insure that such waste is treated to reclaim the mercury; or (2) transfer such waste to another person who has accepted responsibility for such reclamation. Requires the Administrator to develop a voluntary compliance program to maximize the collection of mercury-containing exempted items.
Requires the Administrator to re-evaluate the 100 kg/month exemption from hazardous waste standards for small quantity generators.
Requires the treatment standards applicable to all hazardous waste containing mercury in concentrations of 260 mg/kg or more to require the recovery of mercury from such waste prior to land disposal using a technology approved by the Administrator. Authorizes the Administrator to: (1) limit the organic content of such waste that may be subjected to mercury recovery technologies; (2) limit the use of such technologies for radioactive wastes; (3) issue variances and exceptions to the required use of such technologies, based on feasibility of mercury recovery; and (4) revise such treatment standards to incorporate the capabilities of the most advanced available mercury recovery technologies.
Authorizes appropriations for mercury programs. | {"src": "billsum_train", "title": "To provide for the protection of public health and the environment from mercury contamination associated with the shipment of elemental mercury or with mercury-bearing solid waste, and for other purposes."} | 3,045 | 487 | 0.552555 | 1.778855 | 0.74376 | 5.093897 | 6.828638 | 0.962441 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Action Plan for Public Lands and
Education Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Acts enabling the people of territories of the
American West to form their constitutions and State governments
and providing for the admission of such States into the Union
on equal footing with the original States included a common
provision of which the following example is typical: That 5
percent of the proceeds of the sales of public land lying
within said State, which shall be sold by the United States
subsequent to the admission of said State into the Union, after
deducting all the expenses incident to the same, shall be paid
to the said State, to be used as a permanent fund, the interest
of which only shall be expended for the support of the common
schools within said State.
(2) Western States, as a group, are falling behind in
education funding as measured by growth of real per pupil
expenditures from 1979 to 2007.
(3) Nine of the 10 States with the lowest real growth in
per pupil expenditures are Western States.
(4) The growth rate of real per pupil expenditures in the
13 Western States is substantially less than the rate in the 37
other States (56 percent versus 92 percent).
(5) One effect of less funding for public education in the
West is higher pupil-per-teacher ratios.
(6) Nine of the 12 States with the largest pupil-per-
teacher ratios are Western States.
(7) On average, the 13 Western States have 3 more students
per classroom than the 37 other States.
(8) Over the next 10 years, the rate of enrollment growth
is projected to be much higher in Western States than in other
States.
(9) On average, the rate of enrollment growth in Western
States is projected to increase dramatically, while the rate of
enrollment growth of most other States will see minimal growth
or decrease.
(10) The State and local taxes of Western States as a
percentage of personal income are as high as or higher than
other States.
(11) Despite the fact that Western States tax at a
comparable rate and allocate as much of their budgets to public
education as other States, Western States have lower real
growth in per pupil expenditures and have higher pupil-per-
teacher ratios.
(12) The Federal Government is the source and potential
solver of the problem because of the enormous amount of untaxed
land the Federal Government owns in Western States.
(13) All States east of an imaginary vertical line from
Montana to New Mexico have, on average, 4.1 percent of their
land federally owned, while the Western States on average have
51.9 percent of their land federally owned.
(14) The plain language of these enabling Acts proclaims
that the public land shall be sold by the United States
subsequent to the admission of the States into the Union.
(15) The United States honored those Acts by selling public
land within the Western States until the passage of the Federal
Land Policy and Management Act of 1976, wherein Congress
declared that the policy of the United States was to retain
public land in Federal ownership and management.
(16) The United States has broken its solemn compact with
the Western States and breached its fiduciary duty to the
school children who are designated beneficiaries of the sale of
Federal land under the terms of the respective enabling Acts of
the Western States.
(17) The current shortfall in funding public education in
the Western States requires immediate Congressional action to
remedy the above-described discriminatory Federal land policy
and prevent the further disadvantaging of the school children
of the Western States.
(18) The most efficient and cost effective remedy now
available to the United States is to grant to the Western
States 5 percent of the remaining Federal land located within
each State, authorizing each State to select such land from the
unappropriated public land within the boundaries of the State
to satisfy the grant.
SEC. 3. QUANTITY GRANTS TO WESTERN STATES FOR EDUCATION IMPROVEMENT.
(a) Quantity Land Grants.--Instead of receiving, for the support of
the common schools, 5 percent of the proceeds of the sales of federally
owned land lying within the Western States which have not been sold by
the United States as of January 1, 2011, grants of land are hereby made
to the Western States. The amount of land granted to each State shall
be equal to 5 percent of the number of acres of federally owned land
within the State as of January 1, 2011.
(b) Selection Process.--
(1) In general.--Each Western State shall select from the
unappropriated public lands within the borders of the State in
such manner as the legislature of the State may provide, land
equal in acreage to 5 percent of the federally owned land in
the State as of January 1, 2011.
(2) Calculation of acreage and notification of state.--The
Secretary shall calculate the exact acreage of federally owned
land in each Western State as of January 1, 2011, and designate
the unappropriated public land, as defined herein, eligible for
selection by the State. The Secretary shall communicate to each
of the Western States the respective acreage calculation and
designation of land eligible for selection not later than 1
year after the date of the enactment of this Act.
(c) Application of Certain Law.--Selection and transfer of land
under this Act shall not be considered a major Federal action for the
purposes of section 102(2)(C) of the National Environmental Policy Act
of 1969.
(d) Mineral and Oil and Gas Rights.--
(1) In general.--All mineral, oil, and gas rights to the
land selected by the Western States under this Act shall become
the property of the relevant Western State unless the Federal
lessee of the selected land is making royalty payments to the
United States from production of minerals, oil, or gas,
whereupon the particular leasehold interest shall remain in the
ownership of the United States until the leasehold interest
terminates. After that termination; the mineral, oil, and gas
rights shall become the property of the relevant Western State.
(2) Selection of surface rights.--Western States may select
only the surface of eligible land if the land is located on
subsurface mineral, oil, or gas deposits that are generating
royalty, rental or bonus payments to United States. The entire
mineral, oil, and gas estate shall become the property of the
Western State upon expiration or termination of production in
paying quantities from the Federal lease.
(e) Permanent School Fund.--All land selected by each of the
Western States shall be held in trust by the State agency empowered to
sale or lease such lands, the proceeds of which shall be used as a
permanent fund, the interest of which shall only be expended for the
support of public education.
(f) Definitions.--In this Act:
(1) The term ``Western States'' means Alaska, Arizona,
California, Colorado, Hawaii, Idaho, Montana, New Mexico,
Nevada, Oregon, Utah, Washington, and Wyoming.
(2) The term ``Secretary'' means the Secretary of the
Interior or the Secretary of Agriculture, as appropriate.
(3) The term ``State educational agency'' means the agency
of the State primarily responsible for the supervision of
education.
(4) The term ``federally owned land'' means all land held
in the name of the United States or any agency thereof,
including land held in trust, United States military
reservations, Indian Reservations and any other land used for
Federal purposes.
(5) The term ``unappropriated public lands'' means any and
all land under the management and control of the Bureau of Land
Management or United States Forest Service, excluding land that
is--
(A) held in trust as the part of an Indian
Reservation;
(B) located within a United States military
reservation;
(C) a unit of the National Park System;
(D) a Wildlife Refuge;
(E) a Wilderness Area designated by Congress;
(F) a National Historic Site;
(G) a National Monument;
(H) a National Natural Landmark;
(I) an Area of Critical Environmental Concern; or
(J) a Wilderness Study Area. | Action Plan for Public Lands and Education Act of 2011 - Makes grants of land to the following states in lieu of receiving, for the support of the common schools, 5% of the proceeds of the sales of federally owned land within such states which have not been sold by the United States as of January 1, 2011: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming.
Makes the amount of land granted to each state 5% of the number of acres of federally owned land within that state as of January 1, 2011. Requires land selected to be held in trust to be sold or leased and the proceeds to be used only for the support of public education. | {"src": "billsum_train", "title": "To authorize Western States to make selections of public land within their borders in lieu of receiving 5 percent of the proceeds of the sale of public land lying within said States as provided by their respective enabling Acts."} | 1,736 | 156 | 0.493611 | 1.405517 | 0.719106 | 6.154362 | 11.590604 | 0.959732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Criminal Background Check
Act of 2011''.
SEC. 2. PURPOSE.
The purpose of this Act is to assist States in improving the
overall quality of child care services in the State by requiring
national criminal background checks of child care providers that are
licensed by the State or that receive funds under the Child Care and
Development Block Grant Act of 1990.
SEC. 3. AMENDMENTS.
(a) State Plan.--Section 658E(c)(2) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)) is amended
by adding at the end the following:
``(I) Criminal background check.--Certify that the
State will--
``(i) require each eligible child care
provider (excluding an eligible child care
provider described in section 658P(5)(B)) that
is licensed by the State or receives funds
provided under this subchapter--
``(I) to obtain from the State a
comprehensive criminal background check
of--
``(aa) each employee who
provides child care services;
``(bb) each applicant for
employment to provide such
services; and
``(cc) each family child
care provider who provides or
applies to provide such
services;
``(II) to refuse to employ an
individual to provide such services--
``(aa) if such individual
was convicted, in the then most
recent 5-year period ending on
the date of receipt of such a
criminal background check, of--
``(AA) a crime of
violence (as defined in
section 20101 of
subtitle A of title II
of the Violent Crime
Control and Law
Enforcement Act of 1994
(42 U.S.C. 13701)); or
``(BB) a crime
against a child for
which the penalty
exceeds imprisonment
for a term exceeding 1
year;
``(bb) to an eligible child
without the supervision of an
employee whose criminal
background check satisfies the
requirements of the
subparagraph, pending receipt
of such a criminal background
check of such individual; and
``(cc) to an eligible child
with the supervision of an
employee whose criminal
background check satisfies the
requirements of the
subparagraph and for a period
exceeding 90 days, pending
receipt of such a criminal
background check of such
individual; and
``(ii) carry out at the request of an
eligible child care provider, as soon as
practicable, a comprehensive criminal
background check (at the State option for a fee
not to exceed the actual cost to the State) of
each employee of, and each applicant for
employment by, a child care provider that is
licensed by the State or receives funds
provided under this subchapter by the State,
and make the results of such check available to
such provider and to such employee or
applicant.
At the request of a State, the Secretary may waive for
1 fiscal year the application of this subparagraph to
the State if the State demonstrates a good faith effort
to comply with the requirements specified in this
subparagraph and its inability to so comply.
``(J) Inspections.--The State shall certify that
each eligible child care provider (excluding an
eligible child care provider described in section
658P(5)(B)) that is licensed by the State will be
inspected not less frequently than at 3-month
intervals.
``(K) Training.--The State shall certify that each
eligible child care provider (excluding an eligible
child care provider described in section 658P(5)(B))
that receives funds provided under this subchapter will
receive not less than--
``(i) 40 hours of initial training; and
``(ii) annually 24 hours of training that
includes CPR, first aid, recognizing child
abuse, basic safety and health, and child
behavior and development.''.
(b) Enforcement.--Section 658I(b)(2) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858g(i)(b)(2)) is
amended by adding at the end the following:
``If a State fails to comply substantially with the
requirements specified in section 658e(c)(2)(I), the
Secretary shall reduce by 10 percent the State
allotment for the fiscal year following the fiscal year
with respect to which noncompliance is found.''.
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
This Act and the amendments made by this Act shall take effect 2
years after the date of the enactment of this Act. | Child Care Criminal Background Check Act of 2011 - Amends the Child Care and Development Block Grant Act of 1990 to require a state child care services plan to certify that the state will require child care providers that are licensed by the state or that receive funds under the Child Care and Development Block Grant Program to obtain a comprehensive criminal background check of each employee who provides child care services, each applicant for employment, and each family child care provider who provides or applies to provide such services and to refuse to employ, or continue to employ, an individual to provide such services: (1) if such individual was convicted of a crime of violence or a crime against children; (2) to an eligible child without the supervision of an employee whose criminal background check satisfies requirements, pending receipt of such individual's background check; and (3) to an eligible child for a period exceeding 90 days with the supervision of an employee whose criminal background check satisfies requirements, pending receipt of such individual's background check. Requires a state child care services plan to also certify that the state will carry out a comprehensive criminal background check of an employee or applicant of such a child care provider as soon as practicable after the provider's request and make the results available to such provider, employee, and applicant.
Requires the state to certify that: (1) each eligible child care provider (with an exception related to child care provided by a relative) that is licensed by the state will be inspected at least at 3-month intervals; and (2) each such provider that receives funds under the Program will receive not less than 40 hours of initial training and 24 hours of training annually that includes CPR, first aid, recognizing child abuse, basic safety and health, and child behavior and development.
Reduces by 10% allotments to states that fail to comply with the requirements of this Act. | {"src": "billsum_train", "title": "To amend the Child Care and Development Block Grant Act of 1990 to require criminal background checks, inspections, and training of child care providers."} | 1,035 | 400 | 0.722286 | 2.316372 | 0.896199 | 3.523288 | 2.567123 | 0.942466 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multiparty, Multiforum Trial
Jurisdiction Act of 2002''.
SEC. 2. MULTIPARTY, MULTIFORUM JURISDICTION OF DISTRICT COURTS.
(a) Basis of Jurisdiction.--
(1) In general.--Chapter 85 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 1369. Multiparty, multiforum jurisdiction
``(a) In General.--The district courts shall have original
jurisdiction of any civil action involving minimal diversity between
adverse parties that arises from a single accident, where at least 75
natural persons have died in the accident at a discrete location, if--
``(1) a defendant resides in a State and a substantial part
of the accident took place in another State or other location,
regardless of whether that defendant is also a resident of the
State where a substantial part of the accident took place;
``(2) any two defendants reside in different States,
regardless of whether such defendants are also residents of the
same State or States; or
``(3) substantial parts of the accident took place in
different States.
``(b) Limitation of Jurisdiction of District Courts.--The district
court shall abstain from hearing any civil action described in
subsection (a) in which--
``(1) the substantial majority of all plaintiffs are
citizens of a single State of which the primary defendants are
also citizens; and
``(2) the claims asserted will be governed primarily by the
laws of that State.
``(c) Special Rules and Definitions.--For purposes of this
section--
``(1) minimal diversity exists between adverse parties if
any party is a citizen of a State and any adverse party is a
citizen of another State, a citizen or subject of a foreign
state, or a foreign state as defined in section 1603(a) of this
title;
``(2) a corporation is deemed to be a citizen of any State,
and a citizen or subject of any foreign state, in which it is
incorporated or has its principal place of business, and is
deemed to be a resident of any State in which it is
incorporated or licensed to do business or is doing business;
``(3) the term `injury' means--
``(A) physical harm to a natural person; and
``(B) physical damage to or destruction of tangible
property, but only if physical harm described in
subparagraph (A) exists;
``(4) the term `accident' means a sudden accident, or a
natural event culminating in an accident, that results in death
incurred at a discrete location by at least 75 natural persons;
and
``(5) the term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
``(d) Intervening Parties.--In any action in a district court which
is or could have been brought, in whole or in part, under this section,
any person with a claim arising from the accident described in
subsection (a) shall be permitted to intervene as a party plaintiff in
the action, even if that person could not have brought an action in a
district court as an original matter.
``(e) Notification of Judicial Panel on Multidistrict Litigation.--
A district court in which an action under this section is pending shall
promptly notify the judicial panel on multidistrict litigation of the
pendency of the action.''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 85 of title 28, United States Code, is
amended by adding at the end the following new item:
``1369. Multiparty, multiforum jurisdiction.''.
(b) Venue.--Section 1391 of title 28, United States Code, is
amended by adding at the end the following:
``(g) A civil action in which jurisdiction of the district court is
based upon section 1369 of this title may be brought in any district in
which any defendant resides or in which a substantial part of the
accident giving rise to the action took place.''.
(c) Removal of Actions.--Section 1441 of title 28, United States
Code, is amended--
(1) in subsection (e) by striking ``(e) The court to which
such civil action is removed'' and inserting ``(f) The court to
which a civil action is removed under this section''; and
(2) by inserting after subsection (d) the following:
``(e)(1) Notwithstanding the provisions of subsection (b) of this
section, a defendant in a civil action in a State court may remove the
action to the district court of the United States for the district and
division embracing the place where the action is pending if--
``(A) the action could have been brought in a United States
district court under section 1369 of this title; or
``(B) the defendant is a party to an action which is or
could have been brought, in whole or in part, under section
1369 in a United States district court and arises from the same
accident as the action in State court, even if the action to be
removed could not have been brought in a district court as an
original matter.
The removal of an action under this subsection shall be made in
accordance with section 1446 of this title, except that a notice of
removal may also be filed before trial of the action in State court
within 30 days after the date on which the defendant first becomes a
party to an action under section 1369 in a United States district court
that arises from the same accident as the action in State court, or at
a later time with leave of the district court.
``(2) Whenever an action is removed under this subsection and the
district court to which it is removed or transferred under section
1407(j) has made a liability determination requiring further
proceedings as to damages, the district court shall remand the action
to the State court from which it had been removed for the determination
of damages, unless the court finds that, for the convenience of parties
and witnesses and in the interest of justice, the action should be
retained for the determination of damages.
``(3) Any remand under paragraph (2) shall not be effective until
60 days after the district court has issued an order determining
liability and has certified its intention to remand the removed action
for the determination of damages. An appeal with respect to the
liability determination of the district court may be taken during that
60-day period to the court of appeals with appellate jurisdiction over
the district court. In the event a party files such an appeal, the
remand shall not be effective until the appeal has been finally
disposed of. Once the remand has become effective, the liability
determination shall not be subject to further review by appeal or
otherwise.
``(4) Any decision under this subsection concerning remand for the
determination of damages shall not be reviewable by appeal or
otherwise.
``(5) An action removed under this subsection shall be deemed to be
an action under section 1369 and an action in which jurisdiction is
based on section 1369 of this title for purposes of this section and
sections 1407, 1697, and 1785 of this title.
``(6) Nothing in this subsection shall restrict the authority of
the district court to transfer or dismiss an action on the ground of
inconvenient forum.''.
(d) Service of Process.--
(1) Other than subpoenas.--
(A) In general.--Chapter 113 of title 28, United
States Code, is amended by adding at the end the
following:
``Sec. 1697. Service in multiparty, multiforum actions
``When the jurisdiction of the district court is based in whole or
in part upon section 1369 of this title, process, other than subpoenas,
may be served at any place within the United States, or anywhere
outside the United States if otherwise permitted by law.''.
(B) Table of sections.--The table of sections at
the beginning of chapter 113 of title 28, United States
Code, is amended by adding at the end the following:
``1697. Service in multiparty, multiforum actions.''.
(2) Service of subpoenas.--
(A) In general.--Chapter 117 of title 28, United
States Code, is amended by adding at the end the
following:
``Sec. 1785. Subpoenas in multiparty, multiforum actions
``When the jurisdiction of the district court is based in whole or
in part upon section 1369 of this title, a subpoena for attendance at a
hearing or trial may, if authorized by the court upon motion for good
cause shown, and upon such terms and conditions as the court may
impose, be served at any place within the United States, or anywhere
outside the United States if otherwise permitted by law.''.
(B) Table of sections.--The table of sections at
the beginning of chapter 117 of title 28, United States
Code, is amended by adding at the end the following:
``1785. Subpoenas in multiparty, multiforum actions.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply to a civil action if
the accident giving rise to the cause of action occurred on or after
the 90th day after the date of enactment of this Act. | Multiparty, Multiforum Trial Jurisdiction Act of 2002 - Amends the Federal judicial code to grant Federal district courts original jurisdiction over any civil action involving minimal diversity of citizenship between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location, if: (1) a defendant resides in a State and a substantial part of the accident took place in another State or other location; (2) any two defendants reside in different States; or (3) substantial parts of the accident took place in different States. Directs the district court to abstain from hearing any such action in which: (1) the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and (2) the claims asserted will be governed primarily by the laws of that State.Authorizes venue for such action in any district in which a defendant resides or in which a substantial part of the accident occurred. Permits a district court to retain such actions for the determination of liability and damages.Permits removal of actions which could have been brought in district court under the above provisions from State to U.S. district courts. Establishes a presumption in favor of discretionary remand to State courts for damages determinations after rulings on liability.Authorizes nationwide service of process and, upon a showing of good cause, nationwide service of subpoenas with regard to actions under this Act. | {"src": "billsum_train", "title": "A bill to provide multiparty, multiform jurisdiction of district courts, and for other purposes."} | 2,111 | 328 | 0.690313 | 2.154012 | 0.891642 | 5.813187 | 7.161172 | 0.912088 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chlorine Zero Discharge Act of
1993''.
SEC. 2. ZERO DISCHARGE OF TOXIC PERSISTENT AND BIOACCUMULATIVE
SUBSTANCES.
(a) Findings.--The Congress finds that--
(1) substances that persist and/or bioaccumulate in the
environment, build to higher and higher concentration over
time, reaching their greatest levels in the tissues of species
high on the food chain, including humans;
(2) toxic substances that persist and/or bioaccumulate in
the environment are biologically active in infinitesimal
quantities, causing reproductive failure, birth defects,
developmental impairment, hormonal disruption, behavioral
disorders, immune suppression, and cancer at low doses, and
mixtures of these substances may cause these effects at even
lower doses;
(3) regulatory approaches that permit even limited
production and discharge of toxic substances that persist and/
or bioaccumulate result in the accumulation of these substances
in the environment and food chain over time and subsequent
damage to the health of humans and other species;
(4) the most favored method of preventing the continued
contamination of the environment from persistent or
bioaccumulative toxic substances is to phaseout their
production and/or use over time and replace these substances or
the processes that produce them, or both, with safer
alternatives;
(5) among the persistent and/or bioaccumulative toxic
substances of greatest concern are organochlorines discharged
in the production of pulp and paper as a result of the use of
chlorine or any other chlorinated oxidizing agents in the pulp
and paper manufacturing process;
(6) the Great Lakes Water Quality Agreement between the
United States and Canada concludes that ``the discharge of
toxic substances in toxic amounts be prohibited and the
discharge of any or all persistent toxic substances be
virtually eliminated''; and
(7) in the Sixth Biennial Report on Great Lakes Water
Quality, the International Joint Commission on Great Lakes
Water Quality concluded that ``the concepts of virtual
elimination and zero discharge are consistent and a clear
statement or direction to take to achieve the Agreement's
purpose. The overall strategy or aim regarding persistent toxic
substances is virtual elimination, and the tactic or method to
be used to achieve the aim is through zero input or discharge
of those substances created as a result of human activity.
(b) Zero Discharge of Organochlorine Compounds, Byproducts, or
Metabolites.--Title III of the Federal Water Pollution Control Act is
amended by redesignating section 519 as section 520 and by inserting
the following after section 518:
``SEC. 519. DISCHARGE OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS, OR
METABOLITES.
``(a) Zero Discharge.--(1) Effective 5 years after the enactment of
this section, each pulp and paper manufacturing facility shall achieve
zero discharge into water of organochlorine compounds, byproducts, or
metabolites formulated as a result of the use of chlorine or any other
chlorinated oxidizing agent in the pulp and paper manufacturing
process.
``(2) Effective 5 years after enactment of this section, all
existing and new permits under this Act for paper and pulp mills which
use chlorine or any other chlorinated oxidizing agent shall require
compliance with the zero discharge requirement set forth in paragraph
(1).
``(b) Safe Alternatives Assistance.--Within one year after the
enactment of this section, the Administrator shall evaluate
alternatives to the use of organochlorines in the manufacturing of pulp
and paper, and shall publish a report on the transfer of technology in
the pulp and paper industry from organochlorine to chlorine-free
technology as a model for pollution prevention. Within 18 months after
the enactment of this section, the Agency shall begin providing
technical information and support to assist permit applicants in the
use of alternatives to organochlorine compounds in the production of
pulp and paper.
``(c) Report to Congress on Organochlorine Zero Discharge
Candidates.--Within 18 months after the enactment of this section, the
Administrator shall complete a report to Congress on nonpoint sources
and industrial discharges of organochlorine compounds and their
byproducts and metabolites into water. The report shall include a
listing of all types or categories of nonpoint sources and industrial
organochlorine discharges into water and their byproducts and
metabolites. The report shall also include a listing of the annual
quantities of each organochlorine compound discharged into water
nationally and by permitted facility, together with a list of each
permitted facility's location and quantities of combined organochlorine
compound discharges into water. The report shall contain
recommendations for achieving a zero discharge policy for important
categories of organochlorine pollution sources. In order to develop
such recommendations, the Administrator shall convene an advisory
panel. The advisory panel shall conduct public hearings and solicit
public and expert comment. The panel shall consist of 15 members,
including at least 1 independent expert in each of the fields of public
health, occupational health, technology change, toxics use reduction,
and ecology, 2 affected citizens, and technical and policy experts from
industry, labor, public interest groups, and State environmental
agencies.
``(d) Definition.--For the purposes of this section, the term `zero
discharge' means absolutely no output or release, including nonpoint
source output or release, into water. The term `zero discharge' does
not mean a less than detectable output or release.''. | Chlorine Zero Discharge Act of 1993 - Amends the Federal Water Pollution Control Act to require pulp and paper manufacturing facilities to achieve zero discharge into water of organochlorine compounds, byproducts, or metabolites formulated as a result of the use of chlorine or any other chlorinated oxidizing agent in the pulp and paper manufacturing process.
Requires permits for paper and pulp mills which use chlorine or chlorinated oxidizing agents to require compliance with the zero discharge requirement.
Directs the Administrator of the Environmental Protection Agency to: (1) evaluate alternatives to the use of organochlorines in pulp and paper manufacturing and to publish a report on the transfer to chlorine-free technology in the pulp and paper industry as a model for pollution prevention; and (2) provide technical information and support to assist permit applicants in the use of such alternatives. | {"src": "billsum_train", "title": "Chlorine Zero Discharge Act of 1993"} | 1,201 | 183 | 0.529896 | 1.554347 | 0.763929 | 5.551282 | 6.846154 | 0.948718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biofuel Engineering Training Act''.
SEC. 2. DEFINITION.
In this Act--
(1) the term ``biofuel engineering'' means the discipline
concerned with utilization of harvested living plant material
to produce fuels; and
(2) the term ``Secretary'' means the Secretary of Energy.
SEC. 3. STUDY AND DEVELOPMENT OF STANDARDS.
The Secretary shall make a grant to an appropriate standard-setting
or other entity to conduct a study of, and develop appropriate
standards for, accreditation of undergraduate and graduate biofuel
engineering programs at institutions of higher education, and to study
and the needs of the biofuel industry for engineering support. Such
study shall include--
(1) a determination of subspecialty requirements for
engineers who will concentrate on creating other products in
addition to fuel, including animal feed and other consumer
products;
(2) consideration of the interaction of biological
feedstock with the structural material in the production and
distribution systems, the carbon footprint of the production
and distribution of biofuels, and related genetic challenges;
and
(3) supplemental courses of study that could be used by
experienced engineers for transition into the new biofuel
engineering discipline.
SEC. 4. CENTERS OF EXCELLENCE FOR BIOFUELS RESEARCH AND TRAINING.
(a) Establishment.--The Secretary shall establish, through the
Office of Science, Centers of Excellence for Biofuels Research and
Training at institutions of higher education or consortia of such
institutions across the country.
(b) Selection.--
(1) In general.--The Secretary shall award grants for the
establishment of Centers of Excellence to eligible institutions
through a competitive application process.
(2) Criteria.--The Secretary shall establish selection
criteria for awarding grants under paragraph (1). These
criteria shall require participating institutions to--
(A) effectively integrate biofuels research,
training, and instruction;
(B) bring together the study and practice of a
broad range of disciplines with relevance to biofuel
engineering;
(C) work with companies that are in the process of
commercializing biofuels technology; and
(D) work with local communities to assist with
economic development and job creation in the biofuels
sector.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $10,000,000
for each of fiscal years 2010 through 2014.
SEC. 5. BIOFUEL ENGINEERING GRADUATE FELLOWSHIP PROGRAM.
(a) Definition of Eligible Student.--In this section, the term
``eligible student'' means a student who attends an institution of
higher education that offers a doctoral or masters degree in the
biofuel engineering field.
(b) Establishment.--The Secretary shall establish a graduate
fellowship program for eligible students pursuing a doctoral degree in
the biofuel engineering field.
(c) Selection.--
(1) In general.--The Secretary shall award fellowships to
eligible students under this section through a competitive
merit review process, involving written and oral interviews.
(2) Criteria.--The Secretary shall establish selection
criteria for awarding fellowships under this section that
require an eligible student--
(A) to pursue a field of science or engineering of
importance to a mission area of the Department;
(B) to demonstrate to the Secretary--
(i) the capacity of the eligible student to
understand technical topics relating to the
fellowship that can be derived from the first
principles of the technical topics;
(ii) imagination and creativity;
(iii) leadership skills in organizations or
intellectual endeavors, demonstrated through
awards and past experience;
(iv) excellent verbal and communication
skills to explain, defend, and demonstrate an
understanding of technical subjects relating to
the fellowship; and
(v) an understanding of how the many
disciplines relevant to biofuel engineering
interact in the biofuel engineering field; and
(C) to be a citizen or legal permanent resident of
the United States.
(d) Awards.--
(1) Amount.--A fellowship awarded under this section
shall--
(A) provide an annual living stipend; and
(B) cover--
(i) graduate tuition at an institution of
higher education described in subsection (a);
and
(ii) incidental expenses associated with
curricula and research at the institution of
higher education (including books, computers,
and software).
(2) Duration.--A fellowship awarded under this section
shall be for up to 3 years of study within a 5-year period.
(3) Portability.--A fellowship awarded under this section
shall be portable with the eligible student.
(e) Administration.--The Secretary--
(1) shall administer the program established under this
section through the Office of Science; and
(2) may enter into a contract with a nonprofit entity to
administer the program, including the selection and award of
fellowships.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $3,500,000 for
each fiscal year.
SEC. 6. AVAILABILITY OF FEDERAL FACILITIES.
Agencies of the Federal Government, including national
laboratories, shall make research facilities available to accredited
biofuel engineering programs for faculty and students to enhance
education and training opportunities. | Biofuel Engineering Training Act - Directs the Secretary of Energy to award a grant to an appropriate standard-setting or other entity to: (1) develop appropriate standards for the accreditation of undergraduate and graduate biofuel engineering programs at institutions of higher education (IHEs); and (2) study the needs of the biofuel industry for engineering support.
Requires the Secretary to award competitive grants to IHEs to establish Centers of Excellence for Biofuels Research and Training that: (1) integrate biofuels research, training, and instruction; (2) coordinate the broad range of disciplines relevant to biofuels engineering; and (3) work with companies that are commercializing biofuels technology, and local communities spurring economic development and job creation in the biofuels sector.
Directs the Secretary to award portable graduate fellowships to students pursuing doctorates in biofuels engineering. Requires the fellowships, which are for up to three years of study, to provide recipients with an annual living stipend, and cover graduate tuition and incidental expenses.
Requires federal agencies, including national laboratories, to make research facilities available to accredited biofuel engineering programs. | {"src": "billsum_train", "title": "To direct the Secretary of Energy to provide for the establishment of accreditation standards relating to biofuel engineering, to provide support for undergraduate and graduate degree programs that create the engineering skills necessary to support biofuel production, and for other purposes."} | 1,143 | 239 | 0.69082 | 1.88102 | 1.123024 | 3.682692 | 5.067308 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combined Sewer Overflow Control and
Partnership Act of 1999''.
SEC. 2. COMBINED SEWER OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(q) Combined Sewer Overflows.--
``(1) Requirement for permits, orders, and decrees.--Each
permit, order, or decree issued under this Act for a discharge
from a combined storm and sanitary sewer shall conform to the
Combined Sewer Overflow Control Policy signed by the
Administrator on April 11, 1994.
``(2) Term of permit, order, or decree.--
``(A) Authority to issue.--Notwithstanding any
schedule for compliance authorized by section 301(b),
or any permit limitation authorized by subsection
(b)(1)(B) of this section, the Administrator or the
State (in the case of a State with a program approved
under subsection (b)) may issue or execute a permit,
order, or decree consistent with this section for a
discharge from a combined storm and sanitary sewer.
``(B) Schedule for compliance.--
``(i) In general.--A permit, order, or
decree issued under subparagraph (A) shall
include a schedule for compliance, within a
period not to exceed 15 years, with a long-term
control plan under the Control Policy referred
to in paragraph (1).
``(ii) Exception.--Notwithstanding clause
(i), a compliance schedule of longer than 15
years may be granted if the owner or operator
demonstrates to the satisfaction of the
Administrator or the State, as appropriate,
reasonable further progress towards compliance
with a long-term plan under the Control Policy
and if the Administrator or the State, as
appropriate, determines that--
``(I) compliance within 15 years is
not within the economic capability of
the owner or operator; or
``(II) a longer period is otherwise
appropriate.
``(3) Water quality standards-designated use review.--
``(A) In general.--No permit, order, or decree
issued under this Act should require compliance with
water quality-based requirements contained in a long-
term control plan under the Control Policy referred to
in paragraph (1) unless the Administrator or the State,
as appropriate, has completed the water quality
standards-designated use review process called for in
the Control Policy, including the adoption of any
refinements needed--
``(i) to reflect the site-specific wet
weather impact of combined sewer overflows; and
``(ii) to ensure that the long-term control
plan provides for cost-effective compliance
with water quality standards.
``(B) Inclusion of watershed.--Consideration shall
be given to conducting these reviews on a watershed
basis where appropriate.
``(C) Savings provision.--Nothing in this
subsection affects the authority to conduct or
scheduling of water quality standard reviews required
under section 303(c).
``(4) Guidance.--Not later than March 15, 2000, the
Administrator shall develop and publish for implementation by
the States and by regions of the Environmental Protection
Agency, the guidance document recommended by H. Rept. No. 105-
769 at 280 (1998) (conference report on H.R. 4194), to
facilitate water quality and designated use reviews.
``(5) Grants.--
``(A) In general.--The Administrator may make
grants to any municipality or municipal entity for
planning, design, and construction of facilities to
intercept, transport, control, or treat combined storm
and sanitary sewer flows.
``(B) Federal share.--
``(i) In general.--The Federal share of the
cost of activities carried out using amounts
from a grant made under subparagraph (A) shall
be at least 55 percent of the cost as
determined by the Administrator.
``(ii) Non-federal share.--The non-Federal
share of the cost may include, in any amount,
public and private funds and in-kind services.
``(C) Reports.--Not later than January 1, 2004, and
once every 2 years thereafter, the Administrator shall
submit to Congress a report containing recommended
funding levels for the 2 fiscal years following the
date of the report for activities relating to combined
storm and sanitary sewer flows described in
subparagraph (A).
``(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph, to remain available until expended--
``(i) $500,000,000 for fiscal year 2000;
``(ii) $750,000,000 for fiscal year 2001;
and
``(iii) $1,000,000,000 for each of fiscal
years 2002 through 2004.''. | Combined Sewer Overflow Control and Partnership Act of 1999 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued under such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate.
Declares that no permit, order, or decree issued under the Act should require compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy.
Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows.
Directs the Administrator to report biennially to Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows.
Authorizes appropriations for FY 2000 through 2004. | {"src": "billsum_train", "title": "Combined Sewer Overflow Control and Partnership Act of 1999"} | 1,074 | 297 | 0.717482 | 2.069928 | 1.064257 | 4.223938 | 3.803089 | 0.903475 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Leadership in Education Act''.
SEC. 2. PROHIBITIONS IN THE ELEMENTARY AND SECONDARY EDUCATION ACT.
(a) General Prohibitions.--Section 9527 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7907) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) General Prohibitions.--
``(1) In general.--An officer or employee of the Federal
Government shall not directly or indirectly, through grants,
contracts, or other cooperative agreements under this Act
(including waivers under section 9401)--
``(A) mandate, direct, or control a State, local
educational agency, or school's academic standards,
curriculum, program of instruction, or allocation of
State or local resources;
``(B) mandate a State or any subdivision thereof to
spend any funds or incur any costs not paid for under
this Act;
``(C) incentivize a State, local educational
agency, or school to adopt any specific academic
standards or a specific curriculum or program of
instruction, which shall include providing any
priority, preference, or special consideration during
an application process based on any specific academic
standards, curriculum, or program of instruction;
``(D) make financial support available in a manner
that is conditioned upon a State, local educational
agency, or school's adoption of specific instructional
content, academic standards, or curriculum, or on the
administration of assessments or tests, even if such
requirements are specified in this Act; or
``(E) mandate or require States to administer
assessments or tests to students.
``(2) Rule of construction.--Nothing in this Act shall be
construed to authorize an officer or employee of the Federal
Government directly or indirectly, whether through grants,
contracts, or other cooperative agreements under this Act
(including waivers under section 9401), to do any activity
prohibited under subsection (a).''; and
(2) by adding at the end the following:
``(e) Prohibition on Assessments in Title I.--Part A of title I
shall be carried out without regard to any requirement that a State
carry out academic assessments or that local educational agencies,
elementary schools, and secondary schools make adequate yearly
progress.''.
(b) Prohibition on Waiver Conditions, Requirements, or
Preferences.--Section 9401 (20 U.S.C. 7861) is amended by adding at the
end the following:
``(h) Prohibition on Waiver Conditions.--
``(1) In general.--The Secretary shall not establish as a
condition for granting a waiver under this section--
``(A) the approval of academic standards by the
Federal government; or
``(B) the administration of assessments or tests to
students.
``(2) Effect on previously issued waivers.--
``(A) In general.--Any requirement described in
paragraph (1) that was required for a waiver provided
to a State, local educational agency, Indian tribe, or
school under this section before the date of enactment
of the Local Leadership in Education Act shall be void
and have no force of law.
``(B) Prohibited actions.--The Secretary shall
not--
``(i) enforce any requirement that is void
pursuant to subparagraph (A); and
``(ii) require the State, local educational
agency, Indian tribe, or school to reapply for
a waiver, or to agree to any other condition to
replace any requirement that is void pursuant
to subparagraph (A), until the end of the
period of time specified under the waiver.
``(C) No effect on other provisions.--Any other
provisions or requirements of a waiver provided under
this section before the date of enactment of the Local
Leadership in Education Act that are not affected by
subparagraph (A) shall remain in effect for the period
of time specified under the waiver.''.
SEC. 3. PROHIBITION IN THE GENERAL EDUCATION PROVISIONS ACT.
Section 438 of the General Education Provisions Act (20 U.S.C.
1232a) is amended--
(1) by striking ``No provision of any applicable program
shall be construed to authorize any department, agency,
officer, or employee of the United States to'' and inserting
``A department, agency, officer, or employee of the United
States shall not'';
(2) by inserting ``(including the development of
curriculum)'' after ``over the curriculum''; and
(3) by striking ``to'' after ``institution or school
system, or''.
SEC. 4. PROHIBITION IN RACE TO THE TOP FUNDING.
Title XIV of Division A of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) is amended by inserting after section
14007 the following:
``SEC. 14007A. PROHIBITION ON ASSESSMENTS.
``Notwithstanding any other provision of law, no funds provided
under section 14006 of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5, 123 Stat. 283) shall be used to develop, pilot
test, field test, implement, administer, or distribute any assessment
or testing materials.''. | Local Leadership in Education Act Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit a federal officer or employee, either directly or indirectly through grants, contracts, or other cooperative agreements under ESEA, from: mandating, directing, or controlling a state's, local educational agency's (LEA's), or school's academic standards, curriculum, program of instruction, or allocation of state or local resources; mandating a state or subdivision to spend any funds or incur any costs not paid for under ESEA; incentivizing a state's, LEA's, or school's adoption of any specific academic standards or a specific curriculum or program of instruction; conditioning the availability of financial support on such an entity's adoption of specific instructional content, academic standards, or curricula, or on the administration of assessments or tests, even if such requirements are specified in ESEA; or mandating or requiring states to administer assessments or tests to students. Requires the school improvement program under part A of title I of ESEA to be carried out without regard to any requirement that a state carry out academic assessments or that LEAs and elementary and secondary schools make adequate yearly progress. Prohibits the Secretary of Education from conditioning the provision of a statutory or regulatory waiver under ESEA on a state, LEA, Indian tribe, or school: (1) getting their academic standards approved by the federal government, or (2) administering assessments or tests to students. Makes that prohibition applicable to future and previously issued waivers. Amends the General Education Provisions Act to prohibit a department, agency, officer, or federal employee from: (1) exercising any direction, supervision, or control over the curriculum (including its development), program of instruction, administration, or personnel of any educational institution, school, or school system or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system; or (2) requiring the assignment or transportation of students or teachers in order to overcome racial imbalance. Amends the American Recovery and Reinvestment Act of 2009 to prohibit the use of Race to the Top funds to develop, pilot test, field test, implement, administer, or distribute any assessment or testing materials. | {"src": "billsum_train", "title": "Local Leadership in Education Act"} | 1,199 | 487 | 0.661272 | 2.100028 | 0.895186 | 3.844907 | 2.511574 | 0.849537 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Respect Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The dignity, freedom, and equality of all human beings
are fundamental to a thriving global community.
(2) The rights to life, liberty, and security of the
person, the right to privacy, and the right to freedom of
expression and association are fundamental rights.
(3) An alarming trend of violence directed at LGBT
individuals around the world continues.
(4) More than one-third of all countries have laws
criminalizing consensual same-sex relations, and countries such
as Nigeria, Russia, Uganda, and Ukraine have recently
considered or passed legislation that would further target LGBT
individuals.
(5) Every year thousands of individuals around the world
are targeted for harassment, attack, arrest, and murder on the
basis of their sexual orientation or gender identity.
(6) Those who commit crimes against LGBT individuals often
do so with impunity, and are not held accountable for their
crimes.
(7) Homophobic and transphobic statements by government
officials in many countries in every region of the world
promote negative public attitudes and can lead to violence
toward LGBT individuals.
(8) There are too many instances in which police, prison,
military, and civilian government authorities have been
directly complicit in abuses aimed at LGBT citizens, including
arbitrary arrest, torture, and sexual abuse.
(9) Celebrations of LGBT individuals and communities, such
as film festivals, Pride events, and demonstrations are often
forced underground due to inaction on the part of, or
harassment by, local law enforcement and government officials,
in violation of freedoms of assembly and expression.
(10) Laws criminalizing consensual same-sex relations
severely hinder access to HIV/AIDS treatment, information, and
preventive measures for LGBT individuals and families.
(11) Many countries are making positive developments in the
protection of the basic human rights of LGBT individuals.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
the Judiciary of the Senate.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Person.--The term ``person'' means an individual or
entity.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS
VIOLATIONS OF HUMAN RIGHTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and biannually thereafter, the President shall
transmit to the appropriate congressional committees a list of each
foreign person that the President determines, based on credible
information--
(1) is responsible for or complicit in the extrajudicial
killing, torture, or other gross violation of internationally
recognized human rights, including widespread or systematic
violation of the fundamental freedoms of expression,
association, or assembly, committed against an individual in a
foreign country based on actual or perceived sexual orientation
or gender identity;
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1);
or
(3) is responsible for or complicit in inciting a foreign
person to engage in an activity described in paragraph (1).
(b) Updates.--The President shall transmit to the appropriate
congressional committees an update of the list required by subsection
(a) as new information becomes available.
(c) Guidance Relating to Submission of Certain Information.--The
Secretary of State shall issue public guidance, including through
United States diplomatic and consular posts, relating to how names of
foreign persons who may be included on the list required by subsection
(a) may be submitted to the Department of State.
(d) Form.--
(1) In general.--The list required by subsection (a) shall
be transmitted in unclassified form.
(2) Exception.--The name of a foreign person to be included
in the list required by subsection (a) may be transmitted in a
classified annex only if the President--
(A) determines that it is vital for the national
security interests of the United States to do so;
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this Act; and
(C) not later than 15 days before transmitting the
name in a classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including or continuing to include each foreign
person in the classified annex despite any publicly
available credible information indicating that the
foreign person engaged in an activity described in
paragraph (1) or (2) of subsection (a).
(3) Consideration of certain information.--In preparing the
list required by subsection (a), the President shall consider--
(A) information provided by the Chairperson or
Ranking Member of each of the appropriate congressional
committees; and
(B) credible information obtained by other
countries and nongovernmental organizations that
monitor violations of human rights.
(4) Public availability.--The unclassified portion of the
list required by subsection (a) shall be made available to the
public and published in the Federal Register.
(e) Removal From List.--A foreign person may be removed from the
list required by subsection (a) if the President determines and reports
to the appropriate congressional committees not later than 15 days
before the removal of the foreign person from the list that--
(1) credible information exists that the foreign person did
not engage in the activity for which the foreign person was
added to the list;
(2) the foreign person has been prosecuted appropriately
for the activity in which the foreign person engaged; or
(3) the foreign person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activities in which the foreign person
engaged, and has credibly committed to not engage in an
activity described in paragraph (1) or (2) of subsection (a).
(f) Requests by Chairperson or Ranking Member of Appropriate
Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
written request from the Chairperson or Ranking Member of one
of the appropriate congressional committees with respect to
whether a foreign person meets the criteria for being added to
the list required by subsection (a), the President shall
transmit a response to that Chairperson or Ranking Member, as
the case may be, with respect to the status of the foreign
person at issue.
(2) Form.--The President may transmit a response required
by paragraph (1) in classified form if the President determines
that it is necessary for the national security interests of the
United States to do so.
(3) Removal.--
(A) In general.--If the President removes from the
list required by subsection (a) a foreign person that
has been placed on the list, the President shall
provide the Chairpersons and Ranking Members of the
appropriate congressional committees with any
information that contributed to such removal decision.
(B) Form of information.--The President may
transmit the information requested by subparagraph (A)
in classified form if the President determines that it
is necessary to the national security interests of the
United States to do so.
(g) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President shall publish the list required by
subsection (a) without regard to the requirements of section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or refusal of
visas or permits to enter the United States.
SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS.
(a) Ineligibility for Visas and Admission to the United States.--An
individual who is a foreign person on the list required by section 4(a)
is ineligible to receive a visa to enter the United States and
ineligible to be admitted to the United States.
(b) Current Visas Revoked and Removal From United States.--The
Secretary of State shall revoke, in accordance with section 221(i) of
the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or
other documentation of an individual who would be ineligible to receive
such a visa or documentation under subsection (a), and the Secretary of
Homeland Security shall remove from the United States such an
individual.
(c) Waiver for National Security Interests.--
(1) In general.--The Secretary of State and the Secretary
of Homeland Security, in consultation with the President, may
waive the application of subsection (a) or (b), as the case may
be, in the case of an individual if--
(A) the Secretaries determine that such a waiver--
(i) is necessary to permit the United
States to comply with the Agreement between the
United Nations and the United States of America
regarding the Headquarters of the United
Nations, signed June 26, 1947, and entered into
force November 21, 1947, or other applicable
international obligations of the United States;
or
(ii) is in the national security interests
of the United States; and
(B) before granting the waiver, the Secretaries
provide to the appropriate congressional committees
notice of, and a justification for, the waiver.
(2) Timing for notice of certain waivers.--In the case of a
waiver under subparagraph (A)(ii) of paragraph (1), the
Secretaries shall submit the notice required by subparagraph
(B) of such paragraph not later than 15 days before granting
the waiver.
(d) Regulatory Authority.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State and the Secretary
of Homeland Security shall prescribe such regulations as are necessary
to carry out this section.
SEC. 6. REPORT TO CONGRESS.
Not later than one year after the date of the enactment of this Act
and annually thereafter, the President, acting through the Secretary of
State, shall submit to the appropriate congressional committees a
report on--
(1) the actions taken to carry out this Act, including--
(A) the number of foreign persons added to or
removed from the list required by section 4(a) during
the year preceding each report, the dates on which
those persons were added or removed, and the reasons
for adding or removing those persons; and
(B) an analysis that compares increases or
decreases in the number of such persons year-over-year
and the reasons therefor; and
(2) efforts by the executive branch to coordinate with the
governments of other countries to, as appropriate, impose
sanctions that are similar to the sanctions imposed under this
Act.
SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR GENDER
IDENTITY.
(a) Tracking Violence or Criminalization Related to Sexual
Orientation or Gender Identity.--The Assistant Secretary for Democracy,
Human Rights and Labor shall designate a Bureau-based senior officer or
officers who shall be responsible for tracking violence,
criminalization, and restrictions on the enjoyment of fundamental
freedoms, consistent with United States law, in foreign countries based
on actual or perceived sexual orientation or gender identity.
(b) Annual Country Reports on Human Rights Practices.--The Foreign
Assistance Act of 1961 is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and'' at
the end;
(B) in paragraph (12)--
(i) in subparagraph (B), by striking
``and'' at the end; and
(ii) in subparagraph (C)(ii), by striking
the period at the end and inserting ``; and'';
and
(C) by adding at the end the following new
paragraph:
``(13) wherever applicable, violence or discrimination that
affects the fundamental freedoms, including widespread or
systematic violation of the freedoms of expression,
association, or assembly, consistent with United States law, of
an individual in foreign countries that is based on actual or
perceived sexual orientation or gender identity.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following new sentence: ``Wherever
applicable, such report shall also include information
regarding violence or discrimination that affects the
fundamental freedoms, including widespread or systematic
violation of the freedoms of expression, association, or
assembly, consistent with United States law, of an individual
in foreign countries that is based on actual or perceived
sexual orientation or gender identity.''. | Global Respect Act - Directs the President to submit to Congress a list of each foreign person that the President determines is responsible, or acted as an agent, for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity. Makes a listed foreign person ineligible to enter or be admitted to the United States. Requires revocation of any visa issued for such person. Authorizes the Secretary of State and the Secretary of Homeland Security (DHS) to waive such prohibition if in U.S. national security interests or if necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Requires congressional notification prior to any such waiver. Directs the Assistant Secretary for Democracy, Human Rights and Labor to designate a senior officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. Amends the Foreign Assistance Act of 1961 to include information on sexual orientation or gender identity violence or restrictions in the annual country reports on human rights practices. | {"src": "billsum_train", "title": "Global Respect Act"} | 2,896 | 264 | 0.397854 | 1.307748 | 0.691562 | 3.627273 | 12.345455 | 0.9 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) the Augusta Canal National Landmark in the State of
Georgia, listed on the National Historic Register of Historic
Places, and designated by the Governor of Georgia as one of
four regionally important resources in the State, is one of the
last unspoiled areas in the State of Georgia;
(2) the Augusta Canal National Historic Landmark possesses
excellent water quality, beautiful rural and historic cultural
landscapes, architecturally significant mill structures and
mill villages, and large acreages of parks and permanent open
space;
(3) three national historic districts, the Harrisburg,
Laney Walker, and Greene Street districts, and 2 national
historic landmarks, Stallings Island, located in the Savannah
River, and Meadow Garden, are connected by the Augusta Canal
Area;
(4) the beautiful rural landscapes and historic cultural
landscapes, scenic vistas and excellent water quality of the
Augusta Canal contain significant undeveloped recreational
opportunities for people throughout the United States;
(5) the Augusta Canal and related mill sites, structures,
and associated neighborhoods are representative of the
development of the cotton textile industry and associated
agriculture and trade in the South;
(6) the transformation of the agrarian economy of the area
into an early industrial economy was precipitated by the
development and use of the Augusta Canal;
(7) several significant sites associated with the American
Revolution, the Civil War, Native Americans, Colonial
Americans, African Americans, Chinese Americans, and Irish
Americans are located within the Augusta Canal area;
(8) despite the efforts by the State of Georgia, political
subdivisions of the State, volunteer organizations, and private
businesses, the cultural, historical, natural, and recreational
resources of the area have not realized full potential and may
be lost without assistance from the Federal Government;
(9) the Secretary of the Interior considers this landmark
threatened and has designated it a priority for protection; and
(10) many local, regional, and State agencies, businesses,
and private citizens have expressed an overwhelming desire to
combine forces to work cooperatively to preserve and enhance
the resources of the Augusta Canal National Historic Landmark
and better plan for its future.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide a cooperative management
framework to assist the State of Georgia, its units of local
government, and area citizens in retaining, enhancing, and interpreting
the significant features of the lands, water, and structures of the
Augusta Canal, in a manner consistent with positive economic impact and
development for the benefit and inspiration of present and future
generations in the State of Georgia and the United States.
SEC. 3. ESTABLISHMENT AND BOUNDARIES OF AUGUSTA CANAL NATIONAL HERITAGE
AREA.
(a) Establishment.--There is established in the State of Georgia
the Augusta Canal National Heritage Area (referred to in this Act as
the ``Heritage Area'').
(b) Boundaries.--
(1) In general.--The Heritage Area shall include those
lands in the States of Georgia and South Carolina commonly
known as the Augusta Canal, as generally depicted in the
``Augusta Canal Master Plan'', dated December 31, 1993. The
Augusta Canal Master Plan shall be on file and available for
public inspection in the Office of the Director of the National
Park Service, Washington, D.C.
(2) Map.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior (referred
to in this Act as the ``Secretary'') shall publish in the
Federal Register a detailed description and map of the
boundaries established under this subsection.
SEC. 4. AUGUSTA CANAL COMMISSION.
(a) Establishment.--There is established the Augusta Canal
Commission. Not later than 6 months after the date of enactment of this
Act, the Secretary shall appoint the members of the Commission as
follows:
(1) Five members shall be appointed from among persons
serving on the Augusta Canal Authority as established in the
Augusta Canal Charter, by Georgia Public Law.
(2) One member shall be appointed from recommendations
submitted by the mayor of the city of Augusta, Georgia.
(3) One member shall be appointed from recommendations
submitted by a consensus of the Georgia congressional
delegation, representing Augusta, Georgia.
(4) One member shall be appointed from recommendations
submitted by the Governor of the State of Georgia.
(5) One member shall be appointed from recommendations
submitted by the Governor of the State of South Carolina.
(b) Chairperson.--The Commission shall elect a chairman from among
its members.
(c) Vacancies.--A vacancy on the commission shall be filled in the
manner in which the original appointment was made.
SEC. 5. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than 1 year after the date of
enactment of this Act, the Augusta Canal Commission shall prepare and
submit to the Secretary for review and approval a plan for the
management and administration of the Heritage Area.
(b) Content.--The plan shall be based on Federal, State, and local
plans in existence on the date of enactment of this Act, including the
Augusta Canal Master Plan. The Augusta Canal Commission shall
coordinate and combine such plans and present an integrated and
cooperative approach for the protection, enhancement, and
interpretation of the cultural, natural, scenic, and recreational
resources of the Heritage Area.
(c) Assistance.--The Secretary is authorized to provide technical
and financial assistance in the preparation of the management plan.
(d) Approval.--
(1) In general.--Not later than 180 days after receipt of
the plan submitted pursuant to subsection (a), the Secretary
shall approve or disapprove the plan.
(2) Criteria.--In determining whether to approve a plan,
the Secretary shall consider--
(A) whether the planning area has strong local
support for the study from a diversity of landowners,
business interests, nonprofit organizations, and
governments within the proposed study area;
(B) whether the proposal is consistent with and
complements continued economic activity in the area;
(C) whether the planning area has a high potential
for effective partnership mechanisms;
(D) whether the plan improperly infringes on
private property rights; and
(E) whether the plan will take appropriate action
to ensure private property rights are observed.
(3) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary shall notify the Augusta
Canal Commission of the disapproval in writing. The
notice shall include--
(i) the reasons for the disapproval; and
(ii) recommendations for revision.
(B) Revised plan.--The Augusta Canal Commission
shall revise and resubmit the management plan to the
Secretary for approval. Not later than 180 days after
receipt of the revised plan, the Secretary shall
approve or disapprove the plan as provided in paragraph
(2). The Augusta Canal Commission shall revise and
submit the management plan until the management plan is
approved by the Secretary.
(e) Implementation.--
(1) In general.--Upon approval of the management plan as
provided in subsection (d), the Secretary, in conjunction with
the Augusta Canal Commission, shall take appropriate steps to
implement the management plan.
(2) Cooperative agreements.--The Secretary is authorized to
enter into cooperative agreements with the State of Georgia,
political subdivisions of the State, the Augusta Canal
Commission, or any organization or individual to implement the
management plan.
(f) Economic Development.--The Augusta Commission, the State of
Georgia, the city of Augusta, or any political subdivision of the State
shall encourage, by appropriate means, enhanced economic and industrial
development in the area consistent with the goals of the Augusta Canal
Master Plan.
SEC. 6. ENVIRONMENTAL STANDARDS.
(a) Construction.--Nothing in this Act is intended to impose any
occupational, safety, conservation, or environmental regulation on the
Heritage Area that is more stringent than the regulations that would be
applicable to such area but for the establishment of the Heritage Area
pursuant to section 3.
(b) Restrictions.--No Federal agency may promulgate an
occupational, safety, conservation, or environmental regulation for the
Heritage Area that is more stringent than the regulations applicable to
the Heritage Area in existence on the date of enactment of this Act,
solely as a result of the establishment of the Heritage Area pursuant
to section 3.
SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities directly
affecting the Heritage Area shall--
(1) consult with the Secretary and the Augusta Canal
Commission with respect to such activities;
(2) cooperate with the Secretary and the Augusta Canal
Authority with respect to such activities;
(3) coordinate such activities with the Secretary and the
Augusta Canal Commission; and
(4) conduct or support such activities in a manner that the
Secretary and the Augusta Canal Commission determine will not
have an adverse effect on the Heritage Area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Establishes the Augusta Canal National Heritage Area in Georgia.
Establishes the Augusta Canal Commission. Requires the Commission to prepare and submit to the Secretary of the Interior for review and approval a plan for the management of the Area, based on existing Federal, State, and local plans in existence on the date of enactment of this Act. Directs the Commission to coordinate and combine such plans and present an integrated and cooperative approach for the protection, enhancement, and interpretation of the Area's cultural, natural, scenic, and recreational resources.
Prohibits Federal agencies from promulgating an occupational, safety, conservation, or environmental regulation for the Area that is more stringent than existing applicable regulations, solely as a result of the establishment of the Area.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish the Augusta Canal National Heritage Area in the State of Georgia, and for other purposes."} | 1,966 | 172 | 0.48403 | 1.486016 | 0.723864 | 5.761905 | 12.639456 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Faculty Higher Education
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In their 2006-2007 survey of 722 schools of nursing
with baccalaureate and graduate programs, the American
Association of Colleges of Nursing found that U.S. nursing
schools turned away 42,866 qualified applicants. The National
League for Nursing (NLN) released a preliminary report on
December 9, 2005 which estimated that schools of nursing with
entry-level baccalaureate, associate, and diploma programs were
forced to reject more than 147,000 qualified applications for
2005. This was an 18 percent increase over last year's
figures.
(2) In 2006, the mean ages of doctorally prepared nurse
faculty holding the ranks of professor, associate professor,
and assistant professor are 58.6, 55.8, and 51.6 respectively.
For master's degree-prepared nurse faculty, the average ages
for professors, associate professors, and assistant professors
were 56.5, 54.8, and 50.1 years, respectively.
(3) The average age at retirement of nurse faculty is 62.5
years and it is expected that 200 to 300 doctorally prepared
faculty will be eligible for retirement each year from 2007
through 2012 just as more than 1 million replacement nurses
will be needed.
(4) The current faculty shortage will be greatly compounded
in the next few years by the retirement of many of the current
nurse faculty in the United States. Without sufficient nurse
faculty, schools of nursing cannot expand enrollments, and the
nursing shortage will continue to cripple our nation's health
care delivery system.
(5) Nursing salaries for faculty are not competitive when
compared to similarly educated nurses in clinical or
administrative positions, as the average salary of a master's
prepared nurse faculty member in 2005 was $66,925 compared to
$84,835 for a master's prepared nurse practitioner working in
an emergency department.
SEC. 3. ESTABLISHMENT OF PROGRAM.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following new part:
``PART E--NURSE FACULTY PILOT PROJECT
``SEC. 771. PURPOSES.
``The purposes of this part are to create a pilot program--
``(1) to provide scholarships to qualified nurses in
pursuit of an advanced degree with the goal of becoming faculty
members in an accredited nursing program; and
``(2) to provide grants to partnerships between accredited
schools of nursing and hospitals or health facilities to fund
release time for qualified nurse employees, so that those
employees can earn a salary while obtaining an advanced degree
in nursing with the goal of becoming nurse faculty.
``SEC. 772. ASSISTANCE AUTHORIZED.
``(a) Competitive Grants Authorized.--The Secretary may, on a
competitive basis, award grants to, and enter into contracts and
cooperative agreements with, partnerships composed of an accredited
school of nursing at an institution of higher education and a hospital
or health facility to establish not more than 5 pilot projects to
enable such hospital or health facility to retain its staff of
experienced nurses while providing a mechanism to have these
individuals become, through an accelerated nursing education program,
faculty members of an accredited school of nursing.
``(b) Duration; Evaluation and Dissemination.--
``(1) Duration.--Grants under this part shall be awarded
for a period of 3 to 5 years.
``(2) Mandatory evaluation and dissemination.--Grants under
this part shall be primarily used for evaluation, and
dissemination to other institutions of higher education, of the
information obtained through the activities described in
section 771(2).
``(c) Considerations in Making Awards.--In awarding grants and
entering into contracts and cooperative agreements under this section,
the Secretary shall consider the following:
``(1) Geographic distribution.--Providing an equitable
geographic distribution of such grants.
``(2) Rural and urban areas.--Distributing such grants to
urban and rural areas.
``(3) Range and type of institution.--Ensuring that the
activities to be assisted are developed for a range of types
and sizes of institutions of higher education.
``(4) Prior experience or exceptional programs.--
Institutions of higher education with demonstrated prior
experience in providing advanced nursing education programs to
prepare nurses interested in pursuing a faculty role.
``(d) Uses of Funds.--Funds made available by grant, contract, or
cooperative agreement under this part may be used--
``(1) to develop a new national demonstration initiative to
align nursing education with the emerging challenges of
healthcare delivery; and
``(2) for any one or more of the following innovations in
educational programs:
``(A) to develop a clinical simulation laboratory
in a hospital, health facility, or accredited school of
nursing;
``(B) to purchase distance learning technologies;
``(C) to fund release time for qualified nurses
enrolled in the graduate nursing program;
``(D) to provide for faculty salaries; and
``(E) to collect and analyze data on educational
outcomes.
``SEC. 773. APPLICATIONS.
``Each partnership desiring to receive a grant, contract, or
cooperative agreement under this part shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Each application shall
include assurances that--
``(1) the individuals enrolled in the program will be
qualified nurses in pursuit of a master's or doctoral degree in
nursing and have a contractual obligation with the hospital or
health facility that is in partnership with the institution of
higher education;
``(2) the hospital or health facility of employment would
be the clinical site for the accredited school of nursing
program;
``(3) individuals will also maintain their employment on a
part time basis to the hospital or health facility that allowed
them to participate in the program, and will receive an income
from the hospital or health facility, as a part time employee,
and release times or flexible schedules to accommodate their
class schedule.
``(4) upon completion of the program, individuals agree to
teach for 2 years in an accredited school of nursing for each
year of support the individual received under this program; and
``SEC. 774. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for this part not more
than $10,000,000 for fiscal year 2008 and such sums as may be necessary
for each of the 5 succeeding fiscal years.
``SEC. 775. DEFINITION.
``For purposes of this part, the term `health facility' means an
Indian Health Service health service center, a Native Hawaiian health
center, a hospital, a Federally qualified health center, a rural health
clinic, a nursing home, a home health agency, a hospice program, a
public health clinic, a State or local department of public health, a
skilled nursing facility, or ambulatory surgical center.''. | Nurse Faculty Higher Education Act - Amends the Higher Education Act of 1965 to allow the Secretary of Education to award grants to, and enter into contracts and cooperative agreements with, partnerships composed of an accredited school of nursing at an institution of higher education and a hospital or other health facility to establish pilot projects to enable such a facility to retain its staff of experienced nurses while providing a mechanism to have these individuals become faculty members of such a school. Requires such individuals to teach for two years for each year of support received under the program. | {"src": "billsum_train", "title": "To create a pilot program to increase the number of graduate educated nurse faculty to meet the future need for qualified nurses, and for other purposes."} | 1,532 | 115 | 0.436124 | 1.239475 | 0.492216 | 5.423077 | 14.048077 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Multifamily Rental Housing
Loan Guarantee Demonstration Act''.
SEC. 2. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL AREAS.
Title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.) is
amended by inserting after section 537 the following new section:
``SEC. 538. LOAN GUARANTEES FOR MULTIFAMILY RENTAL HOUSING IN RURAL
AREAS.
``(a) Authority.--The Secretary may make commitments to guarantee
eligible loans for the development costs of eligible housing and
related facilities, and may guarantee such eligible loans, in
accordance with this section.
``(b) Extent of Guarantee.--A guarantee made under this section
shall guarantee repayment of an amount not exceeding the total of the
amount of the unpaid principal and interest of the loan for which the
guarantee is made. The liability of the United States under any
guarantee under this section shall decrease or increase pro rata with
any decrease or increase of the amount of the unpaid portion of the
obligation.
``(c) Eligible Borrowers.--A loan guaranteed under this section may
be made to a nonprofit organization, an agency or body of any State
government or political subdivision thereof, or a private entity.
``(d) Eligible Housing.--A loan may be guaranteed under this
section only if the loan is used for the development costs of housing
and related facilities (as such terms are defined in section 515(e))
that--
``(1) consists of 5 or more adequate dwellings;
``(2) is available for occupancy only by low or moderate
income families or persons, whose incomes at the time of
initial occupancy do not exceed 115 percent of the median
income of the area, as determined by the Secretary;
``(3) will remain available as provided in paragraph (2),
according to such binding commitments as the Secretary may
require, for the period of the original term of the loan
guaranteed, unless the housing is acquired by foreclosure (or
instrument in lieu of foreclosure) or the Secretary waives the
applicability of such requirement for the loan only after
determining, based on objective information, that--
``(A) there is no longer a need for low- and
moderate-income housing in the market area in which the
housing is located;
``(B) housing opportunities for low-income
households and minorities will not be reduced as a
result of the waiver; and
``(C) additional Federal assistance will not be
necessary as a result of the waiver; and
``(4) is located in a rural area.
``(e) Eligible Lenders.--
``(1) Requirement.--A loan may be guaranteed under this
subsection only if the loan is made by a lender that the
Secretary determines--
``(A) meets the qualifications, and has been
approved by the Secretary of Housing and Urban
Development, to make loans for multifamily housing that
are to be insured under the National Housing Act;
``(B) meets the qualifications, and has been
approved by the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation, to make
loans for multifamily housing that are to be sold to
such corporations; or
``(C) meets any qualifications that the Secretary
may, by regulation, establish for participation of
lenders in the loan guarantee program under this
section.
``(2) Eligibility list and annual audit.--The Secretary
shall establish a list of eligible lenders and shall annually
conduct an audit of each lender included in the list for
purposes of determining whether such lender continues to be an
eligible lender.
``(f) Loan Terms.--Each loan guaranteed pursuant to this subsection
shall--
``(1) provide for complete amortization by periodic
payments to be made for a term not to exceed 40 years;
``(2) involve a rate of interest agreed upon by the
borrower and the lender that does not exceed the maximum
allowable rate established by the Secretary for purposes of
this section and is fixed over the term of the loan;
``(3) involve a principal obligation (including initial
service charges, appraisal, inspection, and other fees as the
Secretary may approve) not to exceed--
``(A) in the case of a borrower that is a nonprofit
organization or an agency or body of any State or local
government, 97 percent of the development costs of the
housing and related facilities or the value of the
housing and facilities, whichever is less;
``(B) in the case of a borrower that is a for-
profit entity not referred to in subparagraph (A), 90
percent of the development costs of the housing and
related facilities or the value of the housing and
facilities, whichever is less; and
``(C) in the case of any borrower, for such part of
the property as may be attributable to dwelling use,
the applicable maximum per unit dollar amount
limitations under section 207(c) of the National
Housing Act;
``(4) be secured by a first mortgage on the housing and
related facilities for which the loan is made, or otherwise, as
the Secretary may determine necessary to ensure repayment of
the obligation; and
``(5) for at least 20 percent of the loans made under this
section, the Secretary shall provide the borrower with
assistance in the form of credits pursuant to section
521(a)(1)(B) to the extent necessary to reduce the rate of
interest under paragraph (2) to the applicable Federal rate, as
such term is used in section 42(i)(2)(D) of the Internal
Revenue Code of 1986.
``(g) Guarantee Fee.--At the time of issuance of a loan guaranteed
under this section, the Secretary may collect from the lender a fee
equal to not more than 1 percent of the principal obligation of the
loan.
``(h) Authority for Lenders To Issue Certificates of Guarantee.--
The Secretary may authorize certain eligible lenders to determine
whether a loan meets the requirements for guarantee under this section
and, subject to the availability of authority to enter into guarantees
under this section, execute a firm commitment for a guarantee binding
upon the Secretary and issue a certificate of guarantee evidencing a
guarantee, without review and approval by the Secretary of the specific
loan. The Secretary may establish standards for approving eligible
lenders for a delegation of authority under this subsection.
``(i) Payment Under Guarantee.--
``(1) Notice of default.--In the event of default by the
borrower on a loan guaranteed under this section, the holder of
the guarantee certificate for the loan shall provide written
notice of the default to the Secretary.
``(2) Foreclosure.--After receiving notice under paragraph
(1) and providing written notice of action under this paragraph
to the Secretary, the holder of the guarantee certificate for
the loan may initiate foreclosure proceedings for the loan in a
court of competent jurisdiction, in accordance with regulations
issued by the Secretary, to obtain possession of the security
property. After the court issues a final order authorizing
foreclosure on the property, the holder of the certificate
shall be entitled to payment by the Secretary under the
guarantee (in the amount provided under subsection (b)) upon
(A) conveyance to the Secretary of title to the security
property, (B) submission to the Secretary of a claim for
payment under the guarantee, and (C) assignment to the
Secretary of all the claims of the holder of the guarantee
against the borrower or others arising out of the loan
transaction or foreclosure proceedings, except claims released
with the consent of the Secretary.
``(3) Assignment by secretary.--After receiving notice
under paragraph (1), the Secretary may accept assignment of the
loan if the Secretary determines that the assignment is in the
best interests of the United States. Assignment of a loan under
this paragraph shall include conveyance to the Secretary of
title to the security property, assignment to the Secretary of
all rights and interests arising under the loan, and assignment
to the Secretary of all claims against the borrower or others
arising out of the loan transaction. Upon assignment of a loan
under this paragraph, the holder of a guarantee certificate for
the loan shall be entitled to payment by the Secretary under
the guarantee (in the amount provided under subsection (b)).
``(4) Requirements.--Before any payment under a guarantee
is made under paragraph (2) or (3), the holder of the guarantee
certificate shall exhaust all reasonable possibilities of
collection on the loan guaranteed. Upon payment, in whole or in
part, to the holder, the note or judgment evidencing the debt
shall be assigned to the United States and the holder shall
have no further claim against the borrower or the United
States. The Secretary shall then take such action to collect as
the Secretary determines appropriate.
``(j) Violation of Guarantee Requirements by Lenders Issuing
Guarantees.--
``(1) Indemnification.--If the Secretary determines that a
loan guaranteed by an eligible lender pursuant to delegation of
authority under subsection (h) was not originated in accordance
with the requirements under this section and the Secretary pays
a claim under the guarantee for the loan, the Secretary may
require the eligible lender authorized under subsection (h) to
issue the guarantee certificate for the loan--
``(A) to indemnify the Secretary for the loss, if
the payment under the guarantee was made within a
reasonable period specified by the Secretary; or
``(B) to indemnify the Secretary for the loss
regardless of when payment under the guarantee was
made, if the Secretary determines that fraud or
misrepresentation was involved in connection with the
origination of the loan.
``(2) Termination of authority to issue guarantees.--The
Secretary may cancel a delegation of authority under subsection
(h) to an eligible lender if the Secretary determines that the
lender has violated the requirements and procedures for
guaranteed loans under this section or for other good cause.
Any such cancellation shall be made by giving notice to the
eligible lender and shall take effect upon receipt of the
notice by the mortgagee or at a later date, as the Secretary
may provide. A decision by the Secretary to cancel a delegation
shall be final and conclusive and shall not be subject to
judicial review.
``(k) Refinancing.--Any loan guaranteed under this section may be
refinanced and extended in accordance with terms and conditions that
the Secretary shall prescribe, but in no event for an additional amount
or term that exceeds the limitations under subsection (f).
``(l) Nonassumption.--The borrower under a loan that is guaranteed
under this section and under which any portion of the principal
obligation or interest remains outstanding may not be relieved of
liability with respect to the loan, notwithstanding the transfer of
property for which the loan was made.
``(m) Geographical Targeting.--
``(1) Study.--The Secretary shall provide for an
independent entity to conduct a study to determine the extent
to which borrowers in the United States will utilize loan
guarantees under this section, the rural areas in the United
States in which borrowers can best utilize and most need loans
guaranteed under this section, and the rural areas in the
United States in which housing of the type eligible for a loan
guarantee under this section is most needed by low- and
moderate-income families. The Secretary shall require the
independent entity conducting the study to submit a report to
the Secretary and to the Congress describing the results of the
study not later than the expiration of the 90-day period
beginning on the date of the enactment of the Rural Multifamily
Rental Housing Loan Guarantee Demonstration Act.
``(2) Targeting.--In providing loan guarantees under this
section, the Secretary shall establish standards to target and
give priority to rural areas in which borrowers can best
utilize and most need loans guaranteed under this section, as
determined by the Secretary based on the results of the study
under paragraph (1) and any other information the Secretary
considers appropriate.
``(n) Inapplicability of Credit-Elsewhere Test.--Section 501(c)
shall not apply to guarantees, or loans guaranteed, under this section.
``(o) Tenant Protections.--The Secretary shall establish standards
for the treatment of tenants of housing developed using amounts from a
loan guaranteed under this section, which shall incorporate, to the
extent applicable, existing standards applicable to tenants of housing
developed with loans made under section 515. Such standards shall
include standards for fair housing and equal opportunity, lease and
grievance procedures, and tenant appeals of adverse actions.
``(p) Housing Standards.--The standards established under section
515(m) for housing and related facilities assisted under section 515
shall apply to housing and related facilities the development costs of
which are financed in whole or in part with a loan guaranteed under
this section.
``(q) Limitation on Commitments To Guarantee Loans.--
``(1) Requirement of appropriations.--The authority of the
Secretary to enter into commitments to guarantee loans under
this section, and to guarantee loans, shall be effective for
any fiscal year only to the extent or in such amounts as are or
have been provided in appropriations Acts for such fiscal year.
``(2) Limitation on projects and outstanding aggregate
principal amount.--Subject to the limitation in paragraph (1),
the Secretary may enter into commitments to guarantee loans
under this section for not more than 25 housing projects in
each of fiscal years 1995 and 1996, having an aggregate
outstanding principal amount not exceeding $50,000,000 in each
of such fiscal years.
``(r) Report.--
``(1) In general.--The Secretary shall submit a report to
the Congress, not later than the expiration of the 2-year
period beginning on the date of the enactment of the Rural
Multifamily Rental Housing Loan Guarantee Demonstration Act,
describing the program under this section for guaranteeing
loans.
``(2) Contents.--The report shall--
``(A) describe the types of borrowers providing
housing with loans guaranteed under this section, the
areas served by the housing provided and the
geographical distribution of the housing, the levels of
income of the residents of the housing, the number of
dwelling units provided, the extent to which borrowers
under such loans have obtained other financial
assistance for development costs of housing provided
with the loans, and the extent to which borrowers under
such loans have used low-income housing tax credits
provided under section 42 of the Internal Revenue Code
of 1986 in connection with the housing provided with
the loans;
``(B) analyze the financial viability of the
housing provided with loans guaranteed under this
section and the need for project-based rental
assistance for such housing;
``(C) include any recommendations of the Secretary
for expanding or improving the program under this
section for guaranteeing loans; and
``(D) include any other information regarding the
program for guaranteeing loans under this section that
the Secretary considers appropriate.
``(s) Definitions.--For purposes of this subsection, the following
definitions shall apply:
``(1) The term `development cost' has the meaning given the
term in section 515(e).
``(2) The term `eligible lender' means a lender determined
by the Secretary to meet the requirements of subparagraph (A),
(B), (C), or (D) of subsection (e)(1).
``(3) The terms `housing' and `related facilities' have the
meanings given such terms in section 515(e).
``(t) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years 1995 and 1996 such sums as may be
necessary for costs (as such term is defined in section 502 of the
Congressional Budget Act of 1974) of loan guarantees made under this
section.
``(u) Termination Date.--A loan may not be guaranteed under this
section after September 30, 1996.''. | Rural Multifamily Rental Housing Loan Guarantee Demonstration Act - Amends the Housing Act of 1949 to authorize the Secretary of Agriculture to guarantee eligible loans for the development costs of low or moderate income rural multifamily rental housing.
Authorizes appropriations. | {"src": "billsum_train", "title": "Rural Multifamily Rental Housing Loan Guarantee Demonstration Act"} | 3,468 | 56 | 0.549529 | 1.266759 | 1.016134 | 3.534884 | 76.674419 | 0.930233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamline Vehicle Conversions
Act''.
SEC. 2. EMISSION CERTIFICATION REQUIREMENTS FOR AFTERMARKET CONVERSION
SYSTEMS.
Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is
amended by adding at the end the following:
``SEC. 220. EMISSION CERTIFICATION REQUIREMENTS FOR AFTERMARKET
CONVERSION SYSTEMS.
``(a) Definitions.--In this section:
``(1) Aftermarket conversion system.--The term `aftermarket
conversion system' has the meaning given the term in section
85.502 of title 40, Code of Federal Regulations (as in effect
on the date of enactment of this section).
``(2) Aftermarket conversion test group.--The term
`aftermarket conversion test group' means a group of vehicles
or engines identified pursuant to subsection (b)(4) for the
purpose of testing aftermarket conversion systems.
``(b) Certificates of Conformity.--
``(1) In general.--In the case of an aftermarket conversion
system, the certificate of conformity issued by the
Administrator for 1 or more aftermarket conversion test
groups--
``(A) shall not expire; and
``(B) shall continue to apply in subsequent
calendar years.
``(2) Subsequent recertification.--No recertification of an
aftermarket conversion system shall be required with respect to
the aftermarket conversion test group covered by the
certificate.
``(3) Name changes.--The names of test groups covered by a
certificate of conformity described in paragraph (1) shall not
change from year to year.
``(4) Identification of multiple vehicle makes, models,
manufacturers, and standards.--For purposes of aftermarket
conversion, the Administrator shall--
``(A) establish criteria for use in identifying
similar vehicle makes, models, original equipment
manufacturers, emission standards, and different model
years that may be used under a single aftermarket
conversion test group; and
``(B) accept the aftermarket conversion test group
established under subparagraph (A) on an aftermarket
conversion system manufacturer application for a
certificate of conformity.
``(c) Carryover Certification for Additional Model Years.--At the
request of an aftermarket conversion system manufacturer, the
Administrator shall allow the submission of previous vehicle emission
test data and on-board diagnostic II system test data for the
certification of additional model year vehicles if the aftermarket
conversion system manufacturer is able to demonstrate that neither the
aftermarket conversion system nor the design and specifications of the
applicable vehicle model are substantially different, from those
identified in the original certificate of conformity, in a way that
could affect the compliance of the aftermarket conversion system.
``(d) Carry-Across Certification.--The Administrator shall
promulgate regulations to allow an aftermarket conversion system
manufacturer to use emission test data and on-board diagnostic II
system test data generated for a single certified test group to serve
as the basis for certifying additional test groups upon a showing that
the additional test groups are sufficiently similar, even if produced
by different original equipment manufacturers.
``(e) Use of Assigned Deterioration Factors.--A manufacturer of
aftermarket conversion systems may use deterioration factors assigned
by the Environmental Protection Agency without regard to any sales
limits imposed on small-volume manufacturers.
``(f) Waiver of Certain Testing Requirements.--In certifying an
aftermarket conversion system, the Administrator shall waive any
emission testing and nonexhaust emission testing requirements
pertaining to the fuel on which the vehicle or engine was originally
certified to run, if the aftermarket conversion system manufacturer is
able to demonstrate that waiving the testing requirements is
appropriate.
``(g) On-Board Diagnostic Requirements.--The Administrator shall
promulgate regulations applicable to on-board diagnostic systems for
aftermarket conversion systems that--
``(1) ensure that aftermarket conversion systems which are
equipped with on-board diagnostic systems are effective at
monitoring critical emission components;
``(2) take into account the inability of an aftermarket
conversion system manufacturer to access proprietary on-board
diagnostic technology of an original equipment manufacturer;
and
``(3) are sufficiently flexible to encourage the increased
use of alternative fueled vehicles.
``(h) Older Vehicles.--
``(1) In general.--Conversion of a vehicle outside of the
useful life of the vehicle, as specified on the certificate of
conformity of the original equipment manufacturer, to
alternative fuel operation shall not--
``(A) be considered to be tampering under section
203, if the aftermarket conversion system manufacturer
or the person performing the conversion is able to
demonstrate that the development and engineering
sophistication of the conversion technology is--
``(i) matched to an appropriate vehicle or
group of vehicles; and
``(ii) well-designed and installed in
accordance with good engineering judgment so
that the installation of the aftermarket
conversion system does not degrade emission
performance, as compared to the performance of
the vehicle or vehicles before the conversion;
or
``(B) require the issuance by the Administrator of
any certificate of conformity.
``(2) Label.--Upon conversion of a vehicle described in
paragraph (1), the person performing the conversion shall affix
to the motor vehicle a label that includes a statement that--
``(A) the vehicle has been equipped with an
aftermarket conversion system; and
``(B) the installation of that system occurred
outside of the useful life of the vehicle.
``(3) No preclusion of orders.--Nothing in this section
precludes the Administrator from issuing an order to prohibit
the manufacture, sale, distribution, or installation of an
aftermarket conversion system if the Administrator has evidence
that the installation of the aftermarket conversion system on a
vehicle outside of the useful life of the vehicle degrades
emission performance.''. | Streamline Vehicle Conversions Act - Amends the Clean Air Act to provide that a certificate of conformity issued by the Administrator of the Environmental Protection Agency (EPA) for one or more aftermarket conversion test groups with respect to an aftermarket conversion system (i.e., hardware installed on a light-duty or heavy-duty vehicle, light-duty truck, or heavy-duty engine that allows the vehicle or engine to operate on a fuel other than that which it was originally certified to use) shall not expire, shall continue to apply in subsequent calendar years, and shall not require recertification.
Requires the Administrator to: (1) establish criteria for use in identifying similar vehicle makes, models, original equipment manufacturers, emission standards, and different model years that may be used under a single test group; (2) accept such an established test group on an aftermarket conversion system manufacturer application for a certificate of conformity; and (3) allow the submission of previous vehicle emission test data for the certification of additional model year vehicles if the aftermarket conversion system manufacturer is able to demonstrate that neither the aftermarket conversion system nor the design and specifications of the applicable vehicle model are substantially different.
Directs the Administrator to promulgate regulations regarding on-board diagnostic systems for aftermarket conversion systems that: (1) ensure that such conversion systems that are equipped with on-board diagnostic systems are effective at monitoring critical emission components; (2) take into account the inability of an aftermarket conversion system manufacturer to access proprietary on-board diagnostic technology of an original equipment manufacturer; and (3) are sufficiently flexible to encourage the increased use of alternative fueled vehicles.
Sets forth provisions regarding the conversion of a vehicle outside of its useful life cycle. | {"src": "billsum_train", "title": "A bill to amend the Clean Air Act to promote the certification of aftermarket conversion systems and thereby encourage the increased use of alternative fueled vehicles."} | 1,322 | 359 | 0.725134 | 2.174942 | 0.815547 | 4.936747 | 3.569277 | 0.906627 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydroelectric Licensing Process
Improvement Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydroelectric power is an irreplaceable source of
clean, economic, renewable energy with the unique capability of
supporting reliable electric service while maintaining
environmental quality;
(2) hydroelectric power is the leading renewable energy
resource of the United States;
(3) hydroelectric power projects provide multiple benefits
to the United States, including recreation, irrigation, flood
control, water supply, and fish and wildlife benefits;
(4) in the next 15 years, the bulk of all non-Federal
hydroelectric power capacity in the United States is due to be
relicensed by the Federal Energy Regulatory Commission;
(5) the process of licensing hydroelectric projects by the
Commission--
(A) does not produce optimal decisions, because the
agencies that participate in the process are not
required to consider the full effects of their
mandatory and recommended conditions on a license;
(B) is inefficient, in part because agencies do not
always submit their mandatory and recommended
conditions by a time certain;
(C) is burdened by uncoordinated environmental
reviews and duplicative permitting authority; and
(D) is burdensome for all participants and too
often results in litigation; and
(6) while the alternative licensing procedures available to
applicants for hydroelectric project licenses provide important
opportunities for the collaborative resolution of many of the
issues in hydroelectric project licensing, those procedures are
not appropriate in every case and cannot substitute for
statutory reforms of the hydroelectric licensing process.
SEC. 3. PURPOSE.
The purpose of this Act is to achieve the objective of relicensing
hydroelectric power projects to maintain high environmental standards
while preserving low cost power by--
(1) requiring agencies to consider the full effects of
their mandatory and recommended conditions on a hydroelectric
power license and to document the consideration of a broad
range of factors;
(2) requiring the Federal Energy Regulatory Commission to
impose deadlines by which Federal agencies must submit proposed
mandatory and recommended conditions to a license; and
(3) making other improvements in the licensing process.
SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO
LICENSES.
(a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et
seq.) is amended by adding at the end the following:
``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS
TO LICENSES.
``(a) Definitions.--In this section:
``(1) Condition.--The term `condition' means--
``(A) a condition to a license for a project on a
Federal reservation determined by a consulting agency
for the purpose of the first proviso of section 4(e);
and
``(B) a prescription relating to the construction,
maintenance, or operation of a fishway determined by a
consulting agency for the purpose of the first sentence
of section 18.
``(2) Consulting agency.--The term `consulting agency'
means--
``(A) in relation to a condition described in
paragraph (1)(A), the Federal agency with
responsibility for supervising the reservation; and
``(B) in relation to a condition described in
paragraph (1)(B), the Secretary of the Interior or the
Secretary of Commerce, as appropriate.
``(b) Factors To Be Considered.--
``(1) In general.--In determining a condition, a consulting
agency shall take into consideration--
``(A) the impacts of the condition on--
``(i) economic and power values;
``(ii) electric generation capacity and
system reliability;
``(iii) air quality (including
consideration of the impacts on greenhouse gas
emissions); and
``(iv) drinking, flood control, irrigation,
navigation, or recreation water supply;
``(B) compatibility with other conditions to be
included in the license, including mandatory conditions
of other agencies, when available; and
``(C) means to ensure that the condition addresses
only direct project environmental impacts, and does so
at the lowest project cost.
``(2) Documentation.--
``(A) In general.--In the course of the
consideration of factors under paragraph (1) and before
any review under subsection (e), a consulting agency
shall create written documentation detailing, among
other pertinent matters, all proposals made, comments
received, facts considered, and analyses made regarding
each of those factors sufficient to demonstrate that
each of the factors was given full consideration in
determining the condition to be submitted to the
Commission.
``(B) Submission to the commission.--A consulting
agency shall include the documentation under
subparagraph (A) in its submission of a condition to
the Commission.
``(c) Scientific Review.--
``(1) In general.--Each condition determined by a
consulting agency shall be subjected to appropriately
substantiated scientific review.
``(2) Data.--For the purpose of paragraph (1), a condition
shall be considered to have been subjected to appropriately
substantiated scientific review if the review--
``(A) was based on current empirical data or field-
tested data; and
``(B) was subjected to peer review.
``(d) Relationship to Impacts on Federal Reservation.--In the case
of a condition for the purpose of the first proviso of section 4(e),
each condition determined by a consulting agency shall be directly and
reasonably related to the impacts of the project within the Federal
reservation.
``(e) Administrative Review.--
``(1) Opportunity for review.--Before submitting to the
Commission a proposed condition, and at least 90 days before a
license applicant is required to file a license application
with the Commission, a consulting agency shall provide the
proposed condition to the license applicant and offer the
license applicant an opportunity to obtain expedited review
before an administrative law judge or other independent
reviewing body of--
``(A) the reasonableness of the proposed condition
in light of the effect that implementation of the
condition will have on the energy and economic values
of a project; and
``(B) compliance by the consulting agency with the
requirements of this section, including the requirement
to consider the factors described in subsection (b)(1).
``(2) Completion of review.--
``(A) In general.--A review under paragraph (1)
shall be completed not more than 180 days after the
license applicant notifies the consulting agency of the
request for review.
``(B) Failure to make timely completion of
review.--If review of a proposed condition is not
completed within the time specified by subparagraph
(A), the Commission may treat a condition submitted by
the consulting agency as a recommendation is treated
under section 10(j).
``(3) Remand.--If the administrative law judge or reviewing
body finds that a proposed condition is unreasonable or that
the consulting agency failed to comply with any of the
requirements of this section, the administrative law judge or
reviewing body shall--
``(A) render a decision that--
``(i) explains the reasons for a finding
that the condition is unreasonable and may make
recommendations that the administrative law
judge or reviewing body may have for the
formulation of a condition that would not be
found unreasonable; or
``(ii) explains the reasons for a finding
that a requirement was not met and may describe
any action that the consulting agency should
take to meet the requirement; and
``(B) remand the matter to the consulting agency
for further action.
``(4) Submission to the commission.--Following
administrative review under this subsection, a consulting
agency shall--
``(A) take such action as is necessary to--
``(i) withdraw the condition;
``(ii) formulate a condition that follows
the recommendation of the administrative law
judge or reviewing body; or
``(iii) otherwise comply with this section;
and
``(B) include with its submission to the Commission
of a proposed condition--
``(i) the record on administrative review;
and
``(ii) documentation of any action taken
following administrative review.
``(f) Submission of Final Condition.--
``(1) In general.--After an applicant files with the
Commission an application for a license, the Commission shall
set a date by which a consulting agency shall submit to the
Commission a final condition.
``(2) Limitation.--Except as provided in paragraph (3), the
date for submission of a final condition shall be not later
than 1 year after the date on which the Commission gives the
consulting agency notice that a license application is ready
for environmental review.
``(3) Default.--If a consulting agency does not submit a
final condition to a license by the date set under paragraph
(1)--
``(A) the consulting agency shall not thereafter
have authority to recommend or establish a condition to
the license; and
``(B) the Commission may, but shall not be required
to, recommend or establish an appropriate condition to
the license that--
``(i) furthers the interest sought to be
protected by the provision of law that
authorizes the consulting agency to propose or
establish a condition to the license; and
``(ii) conforms to the requirements of this
Act.
``(4) Extension.--The Commission may make 1 extension, of
not more than 30 days, of a deadline set under paragraph (1).
``(g) Analysis by the Commission.--
``(1) Economic analysis.--The Commission shall conduct an
economic analysis of each condition submitted by a consulting
agency to determine whether the condition would render the
project uneconomic.
``(2) Consistency with this section.--In exercising
authority under section 10(j)(2), the Commission shall consider
whether any recommendation submitted under section 10(j)(1) is
consistent with the purposes and requirements of subsections
(b) and (c) of this section.
``(h) Commission Determination on Effect of Conditions.--When
requested by a license applicant in a request for rehearing, the
Commission shall make a written determination on whether a condition
submitted by a consulting agency--
``(1) is in the public interest, as measured by the impact
of the condition on the factors described in subsection (b)(1);
``(2) was subjected to scientific review in accordance with
subsection (c);
``(3) relates to direct project impacts within the
reservation, in the case of a condition for the first proviso
of section 4(e);
``(4) is reasonable;
``(5) is supported by substantial evidence; and
``(6) is consistent with this Act and other terms and
conditions to be included in the license.''.
(b) Conforming and Technical Amendments.--
(1) Section 4.--Section 4(e) of the Federal Power Act (16
U.S.C. 797(e)) is amended--
(A) in the first proviso of the first sentence by
inserting after ``conditions'' the following: ``,
determined in accordance with section 32,''; and
(B) in the last sentence, by striking the period
and inserting ``(including consideration of the impacts
on greenhouse gas emissions)''.
(2) Section 18.--Section 18 of the Federal Power Act (16
U.S.C. 811) is amended in the first sentence by striking
``prescribed by the Secretary of Commerce'' and inserting
``prescribed, in accordance with section 32, by the Secretary
of the Interior or the Secretary of Commerce, as appropriate''.
SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS.
Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as
amended by section 4) is amended by adding at the end the following:
``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW
PROCESS.
``(a) Lead Agency Responsibility.--The Commission, as the lead
agency for environmental reviews under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under
this part, shall conduct a single consolidated environmental review--
``(1) for each such project; or
``(2) if appropriate, for multiple projects located in the
same area.
``(b) Consulting Agencies.--In connection with the formulation of a
condition in accordance with section 32, a consulting agency shall not
perform any environmental review in addition to any environmental
review performed by the Commission in connection with the action to
which the condition relates.
``(c) Deadlines.--
``(1) In general.--The Commission shall set a deadline for
the submission of comments by Federal, State, and local
government agencies in connection with the preparation of any
environmental impact statement or environmental assessment
required for a project.
``(2) Considerations.--In setting a deadline under
paragraph (1), the Commission shall take into consideration--
``(A) the need of the license applicant for a
prompt and reasonable decision;
``(B) the resources of interested Federal, State,
and local government agencies; and
``(C) applicable statutory requirements.''.
SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Federal Energy Regulatory Commission shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Commerce of the House of Representatives a study
of the feasibility of establishing a separate licensing procedure for
small hydroelectric projects.
(b) Definition of Small Hydroelectric Project.--The Commission may
by regulation define the term ``small hydroelectric project'' for the
purpose of subsection (a), except that the term shall include at a
minimum a hydroelectric project that has a generating capacity of 5
megawatts or less. | Hydroelectric Licensing Process Improvement Act of 2001- Amends the Federal Power Act to prescribe mandatory factors for consideration and documentation by Federal agency participants (consulting agencies) in the Federal Energy Regulatory Commission (FERC) hydroelectric license renewal process when setting forth renewal prerequisites, including the economic impact, and the means to ensure that such prerequisites address only direct project environmental impacts at the lowest project cost.Mandates that each condition be subjected to scientific peer review.Requires a consulting agency to provide a license applicant an opportunity to obtain expedited administrative review of its proposed conditions before filing a FERC application.Empowers the reviewing body to remand the matter to such agency upon finding that the agency's conditions are inconsistent with this Act.Sets a one-year deadline by which a consulting agency must file its proposed licensing conditions with FERC.Directs FERC to: (1) conduct an economic analysis of each condition submitted by a consulting agency to determine whether it would render the project uneconomic; (2) conduct a single consolidated environmental review for each licensed project; and (3) consider the need of license applicants for a prompt decision when setting a deadline for the submission of comments by governmental agencies regarding environmental impact statements or assessments.Directs FERC to study and report to certain congressional committees on the feasibility of establishing a separate licensing procedure for small hydroelectric projects with a generating capacity of five megawatts or less. | {"src": "billsum_train", "title": "A bill to amend the Federal Power Act to improve the hydroelectric licensing process by granting the Federal Energy Regulatory Commission statutory authority to better coordinate participation by other agencies and entities, and for other purposes."} | 3,102 | 317 | 0.553675 | 1.740534 | 0.745815 | 2.661538 | 11.142308 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indexing Narcotics, Fentanyl, and
Opioids Act of 2018'' or the ``INFO Act''.
SEC. 2. ESTABLISHMENT OF SUBSTANCE USE DISORDER INFORMATION DASHBOARD.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following new section:
``SEC. 1711. ESTABLISHMENT OF SUBSTANCE USE DISORDER INFORMATION
DASHBOARD.
``(a) In General.--Not later than 6 months after the date of the
enactment of this section, the Secretary of Health and Human Services
shall, in consultation with the Director of National Drug Control
Policy, establish and periodically update a public information
dashboard that--
``(1) coordinates information on programs within the
Department of Health and Human Services related to the
reduction of opioid abuse and other substance use disorders;
``(2) provides access to publicly available data from other
Federal agencies; State, local, and Tribal governments;
nonprofit organizations; law enforcement; medical experts;
public health educators; and research institutions regarding
prevention, treatment, recovery, and other services for opioid
use disorder and other substance use disorders;
``(3) provides comparable data on substance use disorder
prevention and treatment strategies in different regions and
population of the United States;
``(4) provides recommendations for health care providers on
alternatives to controlled substances for pain management,
including approaches studied by the National Institutes of
Health Pain Consortium and the National Center for
Complimentary and Integrative Health; and
``(5) provides guidelines and best practices for health
care providers regarding treatment of substance use disorders.
``(b) Controlled Substance Defined.--In this section, the term
`controlled substance' has the meaning given that term in section 102
of the Controlled Substances Act (21 U.S.C. 802).''.
SEC. 3. INTERAGENCY SUBSTANCE USE DISORDER COORDINATING COMMITTEE.
(a) Establishment.--Not later than 3 months after the date of the
enactment of this Act, the Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall, in consultation
with the Director of National Drug Control Policy, establish a
committee, to be known as the Interagency Substance Use Disorder
Coordinating Committee (in this section referred to as the
``Committee''), to coordinate all efforts within the Department of
Health and Human Services concerning substance use disorder.
(b) Membership.--
(1) Federal members.--The following individuals shall be
the Federal members of the Committee:
(A) The Secretary, who shall service as the Chair
of the Committee.
(B) The Attorney General of the United States.
(C) The Secretary of Labor.
(D) The Secretary of Housing and Urban Development.
(E) The Secretary of Education.
(F) The Secretary of Veterans Affairs.
(G) The Commissioner of Social Security.
(H) The Assistant Secretary for Mental Health and
Substance Use.
(I) The Director of the Centers for Disease Control
and Prevention.
(J) The Director of the National Institutes of
Health and the Directors of such national research
institutes of the National Institutes of Health as the
Secretary determines appropriate.
(K) The Administrator of the Centers for Medicare &
Medicaid Services.
(L) The Director of National Drug Control Policy.
(M) Representatives of other Federal agencies that
serve individuals with substance use disorder.
(2) Non-federal members.--The Committee shall include a
minimum of 17 non-Federal members appointed by the Secretary,
of which--
(A) at least two such members shall be an
individual who has received treatment for a diagnosis
of an opioid use disorder;
(B) at least two such members shall be an
individual who has received treatment for a diagnosis
of a substance use disorder other than an opioid use
disorder;
(C) at least two such members shall be a State
Alcohol and Substance Abuse Director;
(D) at least two such members shall be a
representative of a leading research, advocacy, or
service organization for adults with substance use
disorder;
(E) at least two such members shall--
(i) be a physician, licensed mental health
professional, advance practice registered
nurse, or physician assistant; and
(ii) have experience in treating
individuals with opioid use disorder or other
substance use disorders;
(F) at least one such member shall be a substance
use disorder treatment professional who is employed
with an opioid treatment program;
(G) at least one such member shall be a substance
use disorder treatment professional who has research or
clinical experience in working with racial and ethnic
minority populations;
(H) at least one such member shall be a substance
use disorder treatment professional who has research or
clinical mental health experience in working with
medically underserved populations;
(I) at least one such member shall be a State-
certified substance use disorder peer support
specialist;
(J) at least one such member shall be a drug court
judge or a judge with experience in adjudicating cases
related to substance use disorder;
(K) at least one such member shall be a law
enforcement officer or correctional officer with
extensive experience in interacting with adults with a
substance use disorder; and
(L) at least one such member shall be an individual
with experience providing services for homeless
individuals and working with adults with a substance
use disorder.
(c) Terms.--
(1) In general.--A member of the Committee appointed under
subsection (b)(2) shall be appointed for a term of 3 years and
may be reappointed for one or more 3-year terms.
(2) Vacancies.--A vacancy on the Committee shall be filled
in the same manner in which the original appointment was made.
Any individual appointed to fill a vacancy for an unexpired
term shall be appointed for the remainder of such term and may
serve after the expiration of such term until a successor has
been appointed.
(d) Meetings.--The Committee shall meet not fewer than two times
each year.
(e) Duties.--The Committee shall--
(1) monitor opioid use disorder and other substance use
disorder research, services, and support and prevention
activities across all relevant Federal agencies, including
coordination of Federal activities with respect to opioid use
disorder and other substance use disorders;
(2) identify and provide to the Secretary recommendations
for improving Federal grants and programs for the prevention
and treatment of, and recovery from, opioid use disorder and
other substance use disorders;
(3) review substance use disorder prevention and treatment
strategies in different regions and populations in the United
States and evaluate the extent to which Federal substance use
disorder prevention and treatment strategies are aligned with
State and local substance use disorder prevention and treatment
strategies;
(4) make recommendations to the Secretary regarding any
appropriate changes with respect to the activities and
strategies described in paragraphs (1) through (3);
(5) make recommendations to the Secretary regarding public
participation in decisions relating to opioid use disorder and
other substance use disorders and the process by which public
feedback can be better integrated into such decisions; and
(6) make recommendations to ensure that opioid use disorder
and other substance use disorder research, services, and
support and prevention activities of the Department of Health
and Human Services and other Federal agencies are not
unnecessarily duplicative.
(f) Annual Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the life
of the Committee, the Committee shall publish on the public
information dashboard established under section 2(a) a report
summarizing the activities carried out by the Committee
pursuant to subsection (e), including any findings resulting
from such activities.
(2) Recommendation for committee extension.--After the
publication of the second report of the Committee under
paragraph (1), the Secretary shall submit to Congress a
recommendation on whether or not the operations of the
Committee should continue after the termination date described
in subsection (i).
(g) Working Groups.--The Committee may establish working groups for
purposes of carrying out the duties described in subsection (e). Any
such working group shall be composed of members of the Committee (or
the designees of such members) and may hold such meetings as are
necessary to enable the working group to carry out the duties delegated
to the working group.
(h) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the Committee only to the extent
that the provisions of such Act do not conflict with the requirements
of this section.
(i) Sunset.--The Committee shall terminate on the date that is 6
years after the date on which the Committee is established under
subsection (a).
Passed the House of Representatives June 12, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Indexing Narcotics, Fentanyl, and Opioids Act of 2017 or the INFO Act This bill requires the Secretary of Health and Human Services to appoint a federal coordinator within the Department of Health and Human Services to: coordinate programs related to opioid abuse reduction, liaise with state and local entities carrying out activities relating to opioid abuse reduction, and establish and operate a publicly available electronic database to facilitate data collection related to opioid abuse. | {"src": "billsum_train", "title": "Indexing Narcotics, Fentanyl, and Opioids Act of 2017"} | 1,933 | 147 | 0.551256 | 1.390596 | 0.564766 | 2.266667 | 24.733333 | 0.773333 |
SECTION. 1. PURPOSE.
The purpose of this Act is to make improvements in the codification
of title 46, United States Code, as enacted by H.R. 1442 (109th
Congress), based on--
(1) public comments submitted too late to be incorporated in
the codification; and
(2) amendments to laws, made after the cutoff date specified
in section 18(a) of that bill, which were repealed and replaced
by the codification.
SEC. 2. PERSONAL INJURY TO OR DEATH OF SEAMEN.
Section 30104 of title 46, United States Code, is amended by striking
subsections (a) and (b) and inserting the following:
``(a) Cause of Action.--A seaman injured in the course of employment
or, if the seaman dies from the injury, the personal representative of
the seaman may bring an action relying on the laws of the United States
regulating recovery for personal injury to, or death of, a railway
employee. Such an action may be maintained in admiralty or, at the
plaintiff's election, as an action at law, with the right of trial by
jury.
``(b) Venue.--When the plaintiff elects to maintain an action at law,
venue shall be in the judicial district in which the employer resides
or the employer's principal office is located.''.
SEC. 3. AMENDMENTS TO CHAPTER 537.
(1) Section 53701 of title 46, United States Code, is amended by--
(A) redesignating paragraphs (2)-(13) as paragraphs (3)-(14),
respectively;
(B) inserting after paragraph (1) the following:
``(2) Administrator.--The term `Administrator' means the
Administrator of the Maritime Administration.''; and
(C) amending paragraph (13) (as redesignated) to read as
follows:
``(13) Secretary.--The term `Secretary' means the Secretary
of Commerce with respect to fishing vessels and fishery
facilities.''.
(2) Section 53706(c) of title 46, United States Code, is amended to
read as follows:
``(c) Priorities for Certain Vessels.--
``(1) Vessels.--In guaranteeing or making a commitment to
guarantee an obligation under this chapter, the Administrator
shall give priority to--
``(A) a vessel that is otherwise eligible for a
guarantee and is constructed with assistance under
subtitle D of the Maritime Security Act of 2003 (46
U.S.C. 53101 note); and
``(B) after applying subparagraph (A), a vessel that
is otherwise eligible for a guarantee and that the
Secretary of Defense determines--
``(i) is suitable for service as a naval
auxiliary in time of war or national emergency;
and
``(ii) meets a shortfall in sealift capacity
or capability.
``(2) Time for determination.--The Secretary of Defense shall
determine whether a vessel satisfies paragraph (1)(B) not later
than 30 days after receipt of a request from the Administrator
for such a determination.''.
(3) Section 53707 of title 46, United States Code, is amended in--
(A) subsections (a) and (d), by inserting ``or
Administrator'' after ``Secretary'' each place it appears;
(B) subsection (b), by striking ``Secretary of
Transportation'' and inserting ``Administrator'';
(C) subsection (c), by striking ``of Commerce''; and
(D) subsection (d)(2), by--
(i) inserting ``if the Secretary or Administrator
considers necessary,'' before ``the waiver''; and
(ii) striking ``the increased'' and inserting ``any
significant increase in''.
(4) Section 53708 of title 46, United States Code, is amended in--
(A) subsection (a), by striking ``Secretary'' and ``Secretary
of Transportation'' each place they appear in the heading and
in text and inserting ``Administrator'';
(B) subsections (b) and (c), by striking ``of Commerce'' each
place it appears in a heading and in text;
(C) subsection (d), by--
(i) inserting ``or Administrator'' after
``Secretary'' the first place it appears; and
(ii) striking ``financial structures, or other risk
factors identified by the Secretary. Any independent
analysis conducted under this subsection shall be
performed by a party chosen by the Secretary.'' and
inserting ``or financial structures. A third party
independent analysis conducted under this subsection
shall be performed by a private sector expert in
assessing such risk factors who is selected by the
Secretary or Administrator.''; and
(D) subsection (e), by--
(i) inserting ``or Administrator'' after
``Secretary'' the first place it appears; and
(ii) striking ``financial structures, or other risk
factors identified by the Secretary'' and inserting
``or financial structures''.
(5) Section 53712(b) of title 46, United States Code, is amended by
striking the last sentence and inserting ``If the Secretary or
Administrator has waived a requirement under section 53707(d) of this
title, the loan agreement shall include requirements for additional
payments, collateral, or equity contributions to meet the waived
requirement upon the occurrence of verifiable conditions indicating
that the obligor's financial condition enables the obligor to meet the
waived requirement.''.
(6) Subsections (c) and (d) of section 53717 of title 46, United
States Code, are amended by striking ``of Commerce'' each place it
appears in a heading and in text.
(7) Section 53732(e)(2) of title 46, United States Code, is amended
by inserting ``of Defense'' after ``Secretary'' the second time it
appears.
(8) The following provisions of title 46, United States Code, are
amended by striking ``Secretary'' and ``Secretary of Transportation''
and inserting ``Administrator'':
(A) Section 53710(b)(2)(A)(i).
(B) Section 53717(b) each place it appears in a heading and
in text.
(C) Section 53718.
(D) Section 53731 each place it appears, except when
``Secretary'' is followed by ``of Energy''.
(E) Section 53732 each place it appears, except when
``Secretary'' is followed by ``of the Treasury'', ``of State'',
or ``of Defense''.
(F) Section 53733 each place it appears.
(9) Section 53710(b)(1) of title 46, United States Code, is amended
by striking ``Secretary's'' and inserting ``Administrator's''.
(10) The following provisions of title 46, United States Code, are
amended by inserting ``or Administrator'' after ``Secretary'' each
place it appears in headings and text, except when ``Secretary'' is
followed by ``of Transportation'' or ``of the Treasury'':
(A) The items relating to sections 53722 and 53723 in the
table of sections at the beginning of chapter 537.
(B) Sections 53701(1), (4), and (9) (as redesignated by
paragraph (1)(A)), 53702(a), 53703, 53704, 53706(a)(3)(B)(iii),
53709(a)(1), (b)(1) and (2)(A), and (d), 53710(a) and (c),
53711, 53712 (except the last place it appears, as amended by
paragraph (5)), 53713 to 53716, 53721 to 53725, and 53734.
(11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 53722(a)(1) and
(b)(1)(B), and 53724(b) of title 46, United States Code, are amended by
inserting ``or Administrator's'' after ``Secretary's''.
SEC. 4. MISCELLANEOUS AMENDMENTS.
Title 46, United States Code, is amended as follows:
(1) Chapters 513 and 515 are amended by striking ``Naval
Reserve'' each place it appears in analyses, headings, and text
and inserting ``Navy Reserve''.
(2) Section 51504(f) is amended to read as follows:
``(f) Fuel Costs.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall pay to each State maritime
academy the costs of fuel used by a vessel provided under this
section while used for training.
``(2) Maximum amounts.--The amount of the payment to a State
maritime academy under paragraph (1) may not exceed--
``(A) $100,000 for fiscal year 2006;
``(B) $200,000 for fiscal year 2007; and
``(C) $300,000 for fiscal year 2008 and each fiscal
year thereafter.''
(3) Section 51505(b)(2)(B) is amended by striking
``$200,000'' and inserting ``$300,000 for fiscal year 2006,
$400,000 for fiscal year 2007, and $500,000 for fiscal year
2008 and each fiscal year thereafter''.
(4) Section 51701(a) is amended by inserting before the
period at the end ``and to perform functions to assist the
United States merchant marine, as determined necessary by the
Secretary''.
(5)(A) Section 51907 is amended to read as follows:
``Sec. 51907. Provision of decorations, medals, and replacements
``The Secretary of Transportation may provide--
``(1) the decorations and medals authorized by this chapter
and replacements for those decorations and medals; and
``(2) replacements for decorations and medals issued under a
prior law.''.
(B) In the table of sections of chapter 519, the item
relating to section 51907 is amended to read as follows:
``51907. Provision of decorations, medals, and replacements.''.
(6)(A) The following new chapter is inserted after chapter
539:
``CHAPTER 541--MISCELLANEOUS
``Sec.
``54101. Assistance for small shipyards and maritime communities.''.
(B) Section 3506 of the National Defense Authorization Act
for Fiscal Year 2006 (46 App. U.S.C. 1249) is transferred to
and redesignated as section 54101 of title 46, United States
Code, to appear at the end of chapter 541 of title 46, as
enacted by subparagraph (A).
(C) The heading of section 54101 is amended to read as
follows:
``Sec. 54101. Assistance for small shipyards and maritime
communities''.
(D) The table of chapters at the beginning of subtitle V is
amended by inserting after the item relating to chapter 539 the
following new item:
Miscellaneous...................................................54101''.
(7) Section 55101(b) is amended by--
(A) inserting ``or'' after the semicolon at the end
of paragraph (2);
(B) striking paragraph (3); and
(C) redesignating paragraph (4) as paragraph (3).
(8) Section 60301 is amended in--
(A) subsection (a), by striking ``2 cents per ton
(but not more than a total of 10 cents per ton per
year)'' and inserting ``4.5 cents per ton, not to
exceed a total of 22.5 cents per ton per year, for
fiscal years 2006 through 2010, and 2 cents per ton,
not to exceed a total of 10 cents per ton per year, for
each fiscal year thereafter,''; and
(B) subsection (b), by striking ``6 cents per ton
(but not more than a total of 30 cents per ton per
year)'' and inserting ``13.5 cents per ton, not to
exceed a total of 67.5 cents per ton per year, for
fiscal years 2006 through 2010, and 6 cents per ton,
not to exceed a total of 30 cents per ton per year, for
each fiscal year thereafter,''.
SEC. 5. REPEALS.
The following provisions are repealed, except with respect to rights
and duties that matured, penalties that were incurred, or proceedings
that were begun before the date of enactment of this Act:
Statutes at Large
----------------------------------------------------------------------------------------------------------------
Statutes at Large
Date Public Law Section -------------------------- U.S. Code (46
Volume Page App.)
----------------------------------------------------------------------------------------------------------------
1936
June 29 858 1113.................. ...... ................ 1279f
............ 1114.................. ...... ................ 1279g
2006
Jan. 6 109-163 515(g)(2)............. 119 3236............ 1131, 1295b,
1295c
............ 3502.................. 119 3547............ 1295c
............ 3507(a)-(c)(3), (d)... 119 3555, 3557...... 1271-1280, 1280b
............ 3509.................. 119 3557............ 1295e
............ 3510.................. 119 3557............ 2004
Feb. 8 109-171 4001.................. 120 27.............. 121, 132
----------------------------------------------------------------------------------------------------------------
SEC. 6. EFFECTIVE DATE.
This Act shall be effective only if H.R. 1442 in the 109th Congress
is enacted. If such bill is enacted, this Act shall be effective on the
date of, and immediately after, enactment of such bill. | Makes revisions to the codification of title 46 ("Shipping") of the United States Code, as proposed by H.R. 1442. | {"src": "billsum_train", "title": "To make improvements in the codification of title 46, United States Code."} | 3,277 | 33 | 0.498676 | 1.264921 | -0.075723 | 1.88 | 109.92 | 0.76 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Business
Transparency on Trafficking and Slavery Act''.
(b) Findings.--Congress finds that--
(1) in 2010, the Department of Labor identified 128 goods
from 70 countries around the world made by forced labor and
child labor;
(2) the United States is the world's largest importer, and
in the twenty-first century, investors, consumers, and broader
civil society increasingly demand information about the human
rights impact of products in the United States market;
(3) in 2010, California enacted the first State law
requiring manufacturers and retail companies to publicly
disclose their policies to eradicate slavery, forced labor, and
human trafficking within their supply chains;
(4) the Smoot-Hawley Tariff Act of 1930, which prohibits
importation of goods made with forced labor or convict labor,
has a broad exception for goods that cannot be produced in the
United States in sufficient quantities to meet the demands of
American consumers;
(5) courts have also ruled that consumers do not have
standing to bring a civil action in United States courts for
enforcement of this provision of the Tariff Act, because the
legislative intent was to protect American manufacturers from
unfairly priced goods, not to protect consumers from tainted
goods, consequently, there are fewer than 40 enforcement
actions on record in the past 80 years; and
(6) other mechanisms related to slavery and trafficking in
the stream of commerce suffer from similar problems of limited
scope, broad exceptions, and inability to provide information
about specific suppliers whose goods are tainted.
(c) Sense of Congress.--It is the sense of Congress that--
(1) forced labor, slavery, human trafficking and the worst
forms of child labor are among the most egregious forms of
abuse that humans commit against each other, in the name of
commercial profit;
(2) the legislative and regulatory framework to prevent
goods produced through forced labor, slavery, human
trafficking, and the worst forms of child labor from passing
into the stream of commerce in the United States is gravely
inadequate; and
(3) legislation is necessary to provide the information
that the public demands, recognizing that businesses can be
part of the solution to these problems when they transparently
provide information to consumers and investors, and
subsequently respond to consumer and investor demands for
business reasons, rather than solely reacting to governmental
prescriptions on how to conduct their business.
SEC. 2. DISCLOSURE TO SEC RELATING TO SLAVERY CONDITIONS WITHIN PRODUCT
SUPPLY CHAINS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m),
is amended by adding at the end the following new subsection:
``(r) Disclosures Relating to Slavery Conditions Within Product
Supply Chains.--
``(1) Regulations.--Not later than 270 days after the date
of the enactment of this subsection, the Commission shall
promulgate regulations requiring any person required to file
reports with the Commission under this section to include
annually in such reports, beginning with the person's first
full fiscal year that begins after the date of promulgation of
such regulations, a disclosure of any measures such person has
taken during the year for which such reporting is required to
identify and address conditions of forced labor, slavery, human
trafficking, and the worst forms of child labor within such
person's supply chains. Such disclosure shall include the
following information under the heading `Policies to Address
Forced Labor, Slavery, Human Trafficking and the Worst Forms of
Child Labor' describing to what extent, if any, the person
conducts any of the following activities:
``(A) Maintains a policy to identify and eliminate
risks of forced labor, slavery, human trafficking, and
the worst forms of child labor within its supply chain.
If the person maintains such a policy, the disclosure
shall include the text of the policy or a substantive
description of the elements of the policy.
``(B) Maintains a policy prohibiting the use of the
person's corporate products, facilities, or services to
obtain or maintain someone under conditions of forced
labor, slavery, human trafficking, and the worst forms
of child labor.
``(C) Engages in verification of product supply
chains to evaluate and address risks of forced labor,
slavery, human trafficking and the worst forms of child
labor. The disclosure shall--
``(i) describe the greatest risks
identified within the supply chain, and the
measures taken toward eliminating those risks;
``(ii) specify whether the verification was
or was not conducted by a third party; and
``(iii) specify whether the verification
process includes consultations with independent
unions, workers' associations, or workers
within workplaces and incorporates the
resulting certification or written comments
from such independent union, workers'
associations, or workers.
``(D) Ensures that audits of suppliers are
conducted to evaluate supplier compliance with the
person's company standards for eliminating forced
labor, slavery, human trafficking, and the worst forms
of child labor in supply chains. The disclosure shall
specify if the verification was not an independent,
unannounced audit.
``(E) Assesses supply chain management and
procurement systems of suppliers in the person's supply
chain, to verify whether said suppliers have in place
appropriate systems to identify risks of forced labor,
slavery, human trafficking, and the worst forms of
child labor within their own supply chain.
``(F) Requires suppliers in its supply chain to
certify that materials incorporated into the product
comply with the laws regarding forced labor, slavery,
human trafficking, and the worst forms of child labor
of the country or countries in which they are doing
business.
``(G) Maintains internal accountability standards,
supply chain management and procurement systems, and
procedures for employees or contractors failing to meet
the person's company standards regarding forced labor,
slavery, human trafficking, and the worst forms of
child labor. The report shall describe such standards
and systems.
``(H) Provides the person's employees and
management who have direct responsibility for supply
chain management, training on forced labor, slavery,
human trafficking and the worst forms of child labor,
particularly with respect to mitigating risks within
the supply chains of products.
``(I) Ensures that recruitment practices at all
suppliers comply with the person's company standards
for eliminating exploitive labor practices that
contribute to forced labor, slavery, human trafficking,
and the worst forms of child labor, including by
conducting audits of labor recruiters and disclosing
the results of such audits.
``(J) In cases where forced labor, slavery, human
trafficking, and the worst forms of child labor have
been identified within the supply chain, ensures that
remediation is provided to those who have been
identified as victims.
``(2) Interactive data format.--The rules issued under
paragraph (1) shall require that the information included in
the person's annual report be submitted in electronic form in
an interactive data format.
``(3) Public availability of information.--To the extent
practicable, the Commission shall make available to the public
in a searchable format on a website, a compilation of the
information required to be submitted under the rules issued
under paragraph (1).
``(4) Publication on the company's website.--Any person
filing the disclosure required by paragraph (1) shall make
available such disclosure on the person's Internet website with
a conspicuous and easily understood link to the relevant
information placed on the homepage of the website. The link on
the homepage shall be labeled ``Policies to Address Forced
Labor, Slavery, Human Trafficking and the Worst Forms of Child
Labor.'' In the event the person does not have an Internet
website, the person shall provide the written disclosure within
30 days after receiving a written request for the disclosure
from an investor or consumer.
``(5) Definitions.--For purposes of this subsection--
``(A) the term ``forced labor, slavery, human
trafficking and the worst forms of child labor'' means
child labor in violation of international standards
including International Labor Organization Convention
No. 182 and acts that would violate the criminal
provisions related to slavery and human trafficking
under chapter 77 of title 18 if they had been committed
within the jurisdiction of the United States;
``(B) the term `person' means any publicly-traded
or private entity required to submit any annual report
to the Commission, and having annual worldwide global
receipts in excess of $100,000,000;
``(C) the term `remediation' means the activities
or systems that a company puts in place to address non-
compliance with the standards identified through
monitoring or verification, which may apply to
individuals adversely affected by the non-compliant
conduct or address broader systematic processes;
``(D) the term `supply chain', with respect to a
person filing the disclosure required by paragraph (1),
means all suppliers of products, component parts of
products, and raw materials used by such person in the
manufacturing of such person's products or the
provision of such person's services, whether or not
such person has a direct relationship with the
supplier; and
``(E) the term `verification' means the process by
which a company is evaluated to determine compliance
with its documented program, including standards on
forced labor, slavery, human trafficking, and the worst
forms of child labor, including an evaluation of--
``(i) data gathered through monitoring
activities to ensure results are reliable and
process is credible; and
``(ii) the system established to remediate
violations to determine if remediation is
implemented and effective.''. | Business Transparency on Trafficking and Slavery Act - Expresses the sense of Congress that: (1) forced labor, slavery, human trafficking and the worst forms of child labor are among the most egregious forms of abuse in the name of commercial profit; (2) the legislative and regulatory framework to prevent goods produced through forced labor, slavery, human trafficking, and the worst forms of child labor from passing into the stream of commerce is gravely inadequate; and (3) legislation is necessary to provide the information that the public demands, recognizing that businesses can provide information and respond to consumer and investor demands for business reasons, rather than solely reacting to governmental prescriptions on how to conduct their business.
Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to promulgate regulations requiring mandatory annual reports to disclose measures taken during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the supply chains of the business entity.
Requires any business entity filing such disclosures to make them available on its Internet website. | {"src": "billsum_train", "title": "To require companies to include in their annual reports to the Securities and Exchange Commission a disclosure describing any measures the company has taken during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the company's supply chains."} | 2,095 | 235 | 0.667246 | 2.131993 | 1.147766 | 6.669811 | 9.584906 | 0.981132 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project Ready STEM Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Minorities are seriously underrepresented in the
science and engineering workforce in the United States, with
only 4 percent of the Black population and slightly over 4
percent of the Hispanic population participating in the STEM
workforce.
(2) The number of degrees awarded in the fields of science,
technology, engineering, and math (referred to in this Act as
``STEM'') in the United States is stagnant even though
employment projections forecast a 17-percent growth in STEM
fields over the next decade.
(3) Twenty percent of Black college students enter college
with STEM majors, but only 15 percent actually receive a
bachelor's degree in a STEM major.
(4) Nearly \1/4\ of Black public school students are
interested in STEM, but are not proficient in math.
(5) Since 1990, mathematic scores on the assessments
conducted by the National Assessment of Education Progress have
increased for all students, but White students have average
scores 26 points higher than Black and Hispanic students.
(6) After school programs play an important role in
addressing the achievement gap in underserved communities.
Studies demonstrate that STEM learning during the school day is
necessary but not sufficient for life-long STEM literacy.
(7) As many as 8,400,000 students are enrolled in after
school programs. Ethnic minority children are more likely than
non-minority children to participate in after school programs.
While 15 percent of all students are enrolled in after school
programs, 24 percent of Black students and 21 percent of
Hispanic students are enrolled in such programs.
(b) Purpose.--The purpose of this Act is to prepare middle school
and secondary school students to be ready for opportunities in the STEM
fields in college and in careers through strong after school, summer,
and weekend programs that focus on STEM education.
SEC. 3. AMENDMENT TO ESEA FOR STEM GRANTS.
Title II of the Elementary and Secondary Education Act of 1964 (20
U.S.C. 6601 et seq.) is amended--
(1) in the heading, by inserting ``and stem grants'' after
``partnerships'';
(2) by inserting after the heading of part B the following:
``Subpart 1--Math and Science Partnerships'';
and
(3) by inserting after section 2203 the following new
subpart:
``Subpart 2--STEM Grants
``SEC. 2211. PROJECT READY STEM GRANT PROGRAM.
``(a) Authorization.--The Secretary is authorized to award grants,
to be known as `Project Ready STEM Program' grants, to national
intermediaries to establish after school, summer, and weekend programs
that focus on science, technology, engineering, and math (referred to
in this section as `STEM') education.
``(b) Application.--A national intermediary seeking a grant under
this section shall submit an application to the Secretary at such time,
in such form, and containing such information as the Secretary may
reasonably require, including the following:
``(1) The amount requested and the proposed use of the
funds.
``(2) A description of how the national intermediary will
require a community-based affiliate operating a Project Ready
STEM Program to provide the following:
``(A) A program description, including a
description of--
``(i) the project-based learning that the
program will use and the applicability of such
projects to students' lives after graduation
from secondary school;
``(ii) the academic instruction, research
model, or curriculum that the program will use;
and
``(iii) any service-learning opportunities
that will be available to students.
``(B) Evidence that the Project Ready STEM Program
will primarily serve students who are traditionally
underrepresented in STEM field careers.
``(C) A description of the student recruitment
plan, student retention plan, and parental engagement
plan.
``(D) A description of the professional development
and training that the community-based affiliate will
provide to its Project Ready STEM Program staff.
``(E) A description of the community-based
affiliate's collaboration with an institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 10001)).
``(F) A description of how the community-based
affiliate will enable students who participate in the
program to achieve the goals in subsection (c).
``(c) Goals.--The goals of the Project Ready STEM Programs are the
following:
``(1) To increase awareness of and exposure to current
science content, scientific processes, and tools for students
who are traditionally underrepresented in STEM field careers.
``(2) To provide STEM learning that is connected to
workforce skills that are essential in the 21st century.
``(3) To increase on time grade promotion, the number of
students who graduate high school, and the number of students
who pursue opportunities in STEM fields.
``(4) To increase enrollment in and completion of more STEM
related coursework in school for students who are traditionally
underrepresented in STEM field careers.
``(5) To increase awareness of students who are
traditionally underrepresented in STEM field careers of the
opportunities after graduation from secondary school in STEM
fields, including college majors in STEM and careers in STEM.
``(6) For students to have the experience of interacting
with staff who demonstrate a positive attitude toward STEM
fields.
``(7) To facilitate project-based learning and service-
learning.
``(d) Allocation.--A national intermediary that receives a grant
under this section shall reserve--
``(1) not more than 25 percent to provide technical and
administrative assistance to and collect data from its
community-based affiliates to which it makes subgrants;
``(2) not less than 50 percent for subgrants to community-
based affiliates that have demonstrated effectiveness in
operating STEM programs in order for such affiliates to expand
such STEM programs to reach more students who are traditionally
underrepresented in STEM field careers; and
``(3) not less than 25 percent for subgrants to community-
based affiliates that do not operate STEM programs in order for
such affiliates that seek to develop new STEM programs that are
consistent with the goals of this section to develop and
establish such new STEM programs.
``(e) Subgrants to Community-Based Affiliates.--
``(1) Application.--A community-based affiliate seeking a
subgrant shall submit an application to its national
intermediary at such time, in such form, and containing such
information as the national intermediary may reasonably
require.
``(2) Uses of funds.--A community-based affiliate that
receives a subgrant under this section to operate a Project
Ready STEM Program shall operate an after school, summer, or
weekend program that focuses on STEM education and primarily
serves students who are traditionally underrepresented in STEM
field careers. Such program shall include the following:
``(A) Educational services that include--
``(i) an initial assessment of students'
progress in math, science, and reading;
``(ii) remediation and educational
enrichment services; and
``(iii) helping students to improve their
study skills.
``(B) Project-based learning opportunities.
``(C) Individualized instruction and tracking of
student progress that is aligned with in-school
performance.
``(3) Collaboration.--A community-based affiliate that
receives a subgrant under this section shall collaborate with
an institution of higher education to provide the services
described in paragraph (2).
``(f) Reports.--
``(1) Secretary report to congress.--The Secretary shall
submit a report annually to the Committee on Education and the
Workforce in the House of Representatives and the Committee on
Health, Education, Labor, and Pensions in the Senate on the
progress that national intermediaries and their community-based
affiliates operating Project Ready STEM Programs have made
toward achieving the goals in subsection (c).
``(2) National affiliate report to the secretary.--A
national intermediary receiving a grant under this section
shall submit a report annually to the Secretary at such time,
in such manner, and containing such information as the
Secretary may require, including the progress that its
community-based affiliates operating Project Ready STEM
Programs have made toward achieving the goals in subsection
(c).
``(3) Community-based affiliate report to its national
intermediary.--A community-based affiliate that receives a
subgrant under this section shall submit a report annually to
the national intermediary that awarded such subgrant at such
time, in such manner, and containing such information as the
national intermediary may require, including the progress its
Project Ready STEM Program has made toward achieving the goals
in subsection (c).
``(g) Definitions.--In this section:
``(1) Community-based affiliate.--The term `community-based
affiliate' means a community-based organization (as defined in
section 9101) that is an affiliate of a national intermediary.
``(2) National intermediary.--The term `national
intermediary' means a national private nonprofit organization
that--
``(A) has a network comprised of community-based
affiliates in not less than 50 urban communities;
``(B) has demonstrated expertise and effectiveness
in overseeing programs to help middle school and
secondary school students succeed, including programs
to help such students become college-ready and career-
ready; and
``(C) has operated in not less than 25 States
continuously for not less than 20 years.
``(3) Project-based learning.--The term `project-based
learning' means learning through a broad project that includes
instruction, substantive content, and reflection, with the goal
that students who participate in the project will achieve a
concrete goal or complete a project.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section--
``(1) $20,000,000 for fiscal year 2013;
``(2) $30,000,000 for fiscal year 2014;
``(3) $40,000,000 for fiscal year 2015; and
``(4) $50,000,000 for fiscal year 2016.''. | Project Ready STEM Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to national intermediaries and, through them, subgrants to their community-based affiliates to operate after school, summer, and weekend programs that focus on science, technology, engineering, and math (STEM) education.
Defines a "national intermediary" as a national private nonprofit organization that has: (1) a network comprising community-based affiliates in at least 50 urban communities, (2) expertise in overseeing programs to help middle and secondary school students succeed, and (3) operated in at least 25 states continuously for at least 20 years.
Requires the STEM programs to primarily serve students who are traditionally underrepresented in STEM field careers, and include project-based learning opportunities and individualized instruction.
Directs each subgrantee to collaborate with an institution of higher education in providing such services.
Requires grantees to direct at least: (1) 50% of their grant to community-based affiliates that are successfully operating STEM programs so that they can expand them to reach more students traditionally underrepresented in STEM field careers, and (2) 25% of their grant to the development of STEM programs by community-based affiliates not currently operating any. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award grants for science, technology, engineering, and math education programs."} | 2,218 | 268 | 0.474021 | 1.475466 | 0.797577 | 3.297959 | 8.853061 | 0.889796 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Debt Collection Abuse Act of
2017''.
SEC. 2. DEFINITIONS.
Section 803 of the Fair Debt Collection Practices Act (15 U.S.C.
1692a) is amended--
(1) in paragraph (4), by striking ``facilitating collection
of such debt for another'' and inserting ``collection of such
debt'';
(2) by amending paragraph (5) to read as follows:
``(5) The term `debt' means--
``(A) any obligation or alleged obligation of a
consumer to pay money arising out of a transaction in
which the money, property, insurance, or services which
are the subject of the transaction are primarily for
personal, family, or household purposes, whether or not
such obligation has been reduced to judgment; or
``(B) any obligation or alleged obligation of a
consumer--
``(i) to pay a loan, an overpayment, a
fine, a penalty, a fee, or other money
currently or originally owed to a Federal
agency; and
``(ii) that is not less than 180 days past
due.''; and
(3) in paragraph (6)--
(A) by striking the first sentence and inserting
the following: ``The term `debt collector' means any
person who uses any instrumentality of interstate
commerce or the mails in any business the principal
purpose of which is the collection of any debts; who
regularly collects or attempts to collect, directly or
indirectly, by the person's own means or by hiring
another debt collector, debts owed or due or asserted
to be owed or due another or that have been obtained by
assignment or transfer from another; or who regularly
collects debts currently or originally owed or
allegedly owed to a Federal agency.''; and
(B) in subparagraph (F), by inserting ``or that has
been obtained by assignment or transfer from another''
after ``owed or due another''.
SEC. 3. DEBT COLLECTION PRACTICES FOR DEBT COLLECTORS HIRED BY
GOVERNMENT AGENCIES.
The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) is
amended by inserting after section 812 (15 U.S.C. 1692j) the following:
``Sec. 812A. Debt collection practices for debt collectors hired by
Federal agencies
``(a) Limitation on Time To Turn Debt Over to Debt Collector.--A
Federal agency that is a creditor may sell or transfer a debt described
in section 803(5)(B) to a debt collector not earlier than 90 days after
the date on which the obligation or alleged obligation becomes
delinquent or defaults.
``(b) Required Notice.--
``(1) In general.--Before transferring or selling a debt
described in section 803(5)(B) to a debt collector or
contracting with a debt collector to collect such a debt, a
Federal agency shall notify the consumer not fewer than 3 times
that the Federal agency will take such action.
``(2) Frequency of notifications.--The second and third
notifications described in paragraph (1) shall be made not less
than 30 days after the date on which the previous notification
is made.''.
SEC. 4. UNFAIR PRACTICES.
Section 808 of the Fair Debt Collection Practices Act (15 U.S.C.
1692f) is amended by striking paragraph (1) and inserting the
following:
``(1) The collection of any amount (including any interest,
fee, charge, or expense incidental to the principal obligation)
unless--
``(A) such amount is expressly authorized by the
agreement creating the debt or permitted by law; and
``(B) in the case of any amount charged by a debt
collector collecting a debt described in section
803(5)(B), such amount is--
``(i) reasonable in relation to the actual
costs of the collection;
``(ii) authorized by a contract between the
debt collector and the Federal agency; and
``(iii) not greater than 10 percent of the
amount collected by the debt collector.''.
SEC. 5. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall
commence a study on the use of debt collectors by State and local
government agencies, including--
(1) the powers given to the debt collectors by Federal,
State, and local government agencies;
(2) the contracting process that allows a Federal, State,
or local government agency to award debt collection to a
certain company, including the selection process;
(3) any fees charged to debtors in addition to principal
and interest on the outstanding debt;
(4) how the fees described in paragraph (3) vary from State
to State;
(5) consumer protection at the State level that offer
recourse to those whom debts have been wrongfully attributed;
(6) the revenues received by debt collectors from Federal,
State, and local government agencies;
(7) the amount of any revenue sharing agreements between
debt collectors and Federal, State, and local government
agencies;
(8) the difference in debt collection procedures across
geographic regions, including the extent to which debt
collectors pursue court judgments to collect debts; and
(9) any legal immunity or other protections given to the
debt collectors hired by State and local government agencies,
including whether the debt collectors are subject to the Fair
Debt Collection Practices Act (15 U.S.C. 1692 et seq.).
(b) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report on the completed study required under subsection (a). | Stop Debt Collection Abuse Act of 2017 This bill amends the Fair Debt Collection Practices Act to apply that Act's restrictions to collectors of debt owed to a federal agency. A federal agency that is a creditor may not sell or transfer a debt to a debt collector until 90 days after the obligation becomes delinquent or defaults. Specified notice to the consumer of such a sale or transfer is required. A collector of debt owed to a federal agency may not collect any interest, fee, charge, or expense that is: (1) unreasonable in relation to actual costs, (2) not authorized by a contract between the debt collector and the federal agency, or (3) greater than 10% of the amount collected. The Government Accountability Office shall study and report to Congress on the use of debt collectors by federal, state, and local government agencies. | {"src": "billsum_train", "title": "Stop Debt Collection Abuse Act of 2017"} | 1,298 | 247 | 0.535274 | 1.558781 | 0.6228 | 3.224359 | 7.576923 | 0.865385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Operation Choke Point Act of
2014''.
SEC. 2. BUSINESS ACCESS TO INSURED DEPOSITORY INSTITUTIONS.
(a) In General.--The Federal Deposit Insurance Act (12 U.S.C. 1811
et seq.) is amended by adding at the end the following new section:
``SEC. 51. BUSINESS ACCESS TO INSURED DEPOSITORY INSTITUTIONS.
``(a) In General.--The Federal banking agencies may not prohibit or
otherwise restrict or discourage an insured depository institution from
providing any product or service to an entity that demonstrates to the
insured depository institution that such entity--
``(1) is licensed and authorized to offer such product or
service;
``(2) is registered as a money transmitting business under
section 5330 of title 31, United States Code, or regulations
promulgated under such section; or
``(3) has a reasoned legal opinion that demonstrates the
legality of the entity's business under applicable law.
``(b) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) require an insured depository institution--
``(A) to provide any product or service to any
particular entity;
``(B) to regularly review the status of any license
of an entity; or
``(C) to determine the validity or veracity of any
reasoned legal opinion obtained under subsection
(a)(3); or
``(2) imply or require that an insured depository
institution may only provide products or services to an entity
that has met any of the requirements of paragraphs (1) through
(3) of subsection (a).
``(c) Limitation on Rulemaking.--The Federal banking agencies may
not issue any guidance under subsection (a). Any rule implementing
subsection (a) shall be promulgated in accordance with section 553 of
title 5, United States Code.
``(d) Reasoned Legal Opinion Defined.--For purposes of this
section, the term `reasoned legal opinion'--
``(1) means a written legal opinion by a State-licensed
attorney that addresses the facts of a particular business and
the legality of the business's provision of products or
services to customers in the relevant jurisdictions under
applicable Federal and State law, tribal ordinances, tribal
resolutions, and tribal-State compacts; and
``(2) does not include a written legal opinion that recites
the facts of a particular business and states a conclusion.''.
SEC. 3. BUSINESS ACCESS TO FEDERAL CREDIT UNIONS.
Title I of the Federal Credit Union Act (12 U.S.C. 1751 et seq.) is
amended by adding at the end the following new section:
``SEC. 132. BUSINESS ACCESS TO INSURED CREDIT UNIONS.
``(a) In General.--The Board may not prohibit or otherwise restrict
or discourage an insured credit union from providing any product or
service to an entity that demonstrates to the insured credit union that
such entity--
``(1) is licensed and authorized to offer such product or
service;
``(2) is registered as a money transmitting business under
section 5330 of title 31, United States Code, or regulations
promulgated under such section; and
``(3) has a reasoned legal opinion that demonstrates the
legality of the entity's business under applicable law.
``(b) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) require an insured credit union--
``(A) to provide any products or services to any
entity;
``(B) to regularly review the status of any license
of an entity; or
``(C) to determine the validity or veracity of any
reasoned legal opinion obtained under subsection
(a)(3); or
``(2) imply or require that an insured credit union may
only provide products or services to an entity that has met any
of the requirements of paragraphs (1) through (3) of subsection
(a).
``(c) Limitation on Rulemaking.--The Board may not issue any
guidance under subsection (a). Any rule implementing subsection (a)
shall be promulgated in accordance with section 553 of title 5, United
States Code.
``(d) Reasoned Legal Opinion Defined.--For purposes of this
section, the term `reasoned legal opinion'--
``(1) means a written legal opinion by a State-licensed
attorney that addresses the facts of a particular business and
the legality of the business's provision of products or
services to customers in the relevant jurisdictions under
applicable Federal and State law, tribal ordinances, tribal
resolutions, and tribal-State compacts; and
``(2) does not include a written legal opinion that recites
the facts of a particular business and states a conclusion.''.
SEC. 4. AMENDMENTS TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND
ENFORCEMENT ACT OF 1989.
Section 951 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1833a) is amended--
(1) in subsection (c)(2), by inserting ``and where such
violation or conspiracy to violate is in connection with a
violation or conspiracy to violate a section described under
paragraph (1)'' after ``financial institution''; and
(2) in subsection (g)--
(A) in the header, by striking ``Subpoenas'' and
inserting ``Investigations'';
(B) in paragraph (1), by amending subparagraph (C)
to read as follows:
``(C) request a court order from a court of
competent jurisdiction, to summon witnesses and to
require the production of any books, papers,
correspondence, memoranda, or other records which the
Attorney General deems relevant or material to the
inquiry, and which shall be issued only if the Attorney
General offers specific and articulable facts showing
that there are reasonable grounds to believe that the
information or testimony sought is relevant and
material to an ongoing civil proceeding under this
section.'';
(C) by amending paragraph (2) to read as follows:
``(2) Annual report to congress on firrea court orders.--
The Attorney General shall submit a report before January 31 of
each year, beginning the first January following the date of
enactment of this Act, to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate, which shall include a
detailed description of--
``(A) the number of court orders sought by the
Attorney General and the number of orders issued;
``(B) the recipient of the court orders;
``(C) the number of documents requested and
received;
``(D) the number of witnesses requested to testify
and the number who actually testified; and
``(E) whether a civil enforcement action was filed
and the result of any such enforcement action,
including settlements that led to the dismissal of
charges.''; and
(D) by striking paragraph (3).
SEC. 5. REQUIRING COOPERATION TO DETER THE COMMISSION OF FINANCIAL
FRAUD.
Subsection (a) of section 314 of the USA PATRIOT Act (31 U.S.C.
5311 note) is amended--
(1) in paragraph (1), by inserting ``, the commission of
financial fraud,'' after ``terrorist acts'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) means of facilitating the identification of
accounts and transactions involving persons engaged in
committing financial fraud, subject to the limitations
described in paragraph (5).''; and
(3) in paragraph (5), by striking ``shall not be used'' and
all that follows through the period at the end and inserting
the following: ``shall not--
``(A) be used for any purpose other than
identifying and reporting on activities that may
involve terrorist acts, financial fraud, or money
laundering; and
``(B) be construed to require financial
institutions to determine or assure compliance of any
entity with any Federal, State, or other licensing
requirements.''.
SEC. 6. LIABILITY FOR DISCLOSURES IN REPORTING SUSPICIOUS TRANSACTIONS.
Paragraph (3) of section 5318(g) of title 31, United States Code,
is amended--
(1) in subparagraph (A), by inserting ``, for any
underlying activity that is the subject of the disclosure,''
after ``for such disclosure''; and
(2) in subparagraph (B)(ii), by striking ``civil or''
before ``criminal''.
SEC. 7. FINANCIAL CRIMES ENFORCEMENT NETWORK DATA ACCOUNTABILITY
METRICS.
Section 310 of title 31, United States Code, is amended--
(1) in subsection (b)(2)(C)--
(A) in clause (vi), by striking ``; and'' and
inserting a semicolon;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(viii) generate feedback and report on
the utility of the data access service
described in subparagraph (B) and the
information collected by the service to improve
cooperation among data providers and users
while reducing regulatory burden and preserving
payment system efficiency.'';
(2) in subsection (c)--
(A) in paragraph (1)(C), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (2)(C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) for appropriate metrics to monitor, track, assess,
and report on access to information contained in the data
maintenance system maintained by FinCEN for--
``(A) identifying, tracking, and measuring how such
information is used and the law enforcement results
obtained as a consequence of that use; and
``(B) assuring accountability by law enforcement
agencies for the utility, security, and privacy of such
information while reducing unnecessary regulatory
burdens.''. | End Operation Choke Point Act of 2014 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to prohibit the federal banking agencies from prohibiting, restricting, or discouraging an insured depository institution or insured credit union from providing any product or service to an entity that demonstrates that it is: (1) licensed and authorized to offer such product or service, (2) registered as a money transmitting business under federal law or regulations, or (3) has a reasoned legal opinion that demonstrates the legality of the entity's business under applicable law. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) to repeal the Attorney General's subpoena authority to summon witnesses and require the production of books, papers, correspondence, memoranda, or other records relevant or material to an inquiry. Authorizes the Attorney General instead to request a court order from a court of competent jurisdiction to summon witnesses and require the production of relevant or material records. Permits issuance of such a court order, however, only if the Attorney General offers specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant and material to an ongoing civil proceeding. Repeals the declaration that, in the case of a subpoena for which the return date is less than five days after the date of service, no person shall be found in contempt for failure to comply by the return date if he or she files a petition within those five days. Amends the USA PATRIOT Act, regarding cooperative efforts among financial institutions, regulatory authorities and law enforcement authorities to deter money laundering, to authorize regulations for procedures for information sharing that focuses upon facilitating the identification of accounts and transactions that involve committing financial fraud. Prohibits the use of information received by a financial institution: (1) for any purpose other than identifying and reporting activities that may involve financial fraud (or terrorist acts or money laundering, as under current law); and (2) to require financial institutions to determine or assure compliance of any entity with federal, state, or other licensing requirements. Revises the non-liability of financial institutions for making certain voluntary disclosures to a government agency to extend such protection to any underlying activity that is the subject of a disclosure. Makes it the duty of the Director of the Financial Crimes Enforcement Network (FinCEN) to analyze and disseminate available data to generate feedback and report on the utility of a certain data access service and the information collected by it to improve cooperation among data providers and users while reducing regulatory burden and preserving payment system efficiency. Directs the Secretary of the Treasury to establish operating procedures for the government-wide data access service and FinCEN's financial crimes communications center which provide for: (1) appropriate metrics to monitor, track, assess, and report on access to information contained in the FinCEN data maintenance system for identifying, tracking, and measuring how such information is used and the consequent law enforcement results; and (2) assured accountability by law enforcement agencies for the utility, security, and privacy of such information while reducing unnecessary regulatory burdens. | {"src": "billsum_train", "title": "End Operation Choke Point Act of 2014"} | 2,382 | 674 | 0.558719 | 1.929068 | 0.768653 | 3.778894 | 3.659966 | 0.857621 |
SECTION 1. PEDIATRIC LABELING OF DRUGS AND BIOLOGICAL PRODUCTS
(a) In General.--Subchapter A of chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting
after section 505A the following:
``SEC. 505B. PEDIATRIC LABELING OF DRUGS AND BIOLOGICAL PRODUCTS.
``(a) New Drugs and Biological Products.--
``(1) In general.--A person that submits an application (or
supplement to an application)--
``(A) under section 505 for a new active
ingredient, new indication, new dosage form, new dosing
regimen, or new route of administration; or
``(B) under section 351 of the Public Health
Service Act (42 U.S.C. 262) for a biological product
license;
shall submit with the application the assessments described in
paragraph (2).
``(2) Assessments.--
``(A) In general.--The assessments referred to in
paragraph (1) shall contain data, gathered using
appropriate formulations, that are adequate--
``(i) to assess the safety and
effectiveness of the drug, or the biological
product licensed under section 351 of the
Public Health Service Act (42 U.S.C. 262), for
the claimed indications in all relevant
pediatric subpopulations; and
``(ii) to support dosing and administration
for each pediatric subpopulation for which the
drug, or the biological product licensed under
section 351 of the Public Health Service Act
(42 U.S.C. 262), is safe and effective.
``(B) Similar course of disease or similar effect
of drug or biological product.--If the course of the
disease and the effects of the drug are sufficiently
similar in adults and pediatric patients, the Secretary
may conclude that pediatric effectiveness can be
extrapolated from adequate and well-controlled studies
in adults, usually supplemented with other information
obtained in pediatric patients, such as pharmacokinetic
studies.
``(3) Deferral.--On the initiative of the Secretary or at
the request of the applicant, the Secretary may defer
submission of some or all assessments required under paragraph
(1) until a specified date after approval of the drug or
issuance of the license for a biological product if--
``(A) the Secretary finds that--
``(i) the drug or biological product is
ready for approval for use in adults before
pediatric studies are complete; or
``(ii) pediatric studies should be delayed
until additional safety or effectiveness data
have been collected; and
``(B) the applicant submits to the Secretary--
``(i) a certified description of the
planned or ongoing studies; and
``(ii) evidence that the studies are being
conducted or will be conducted with due
diligence.
``(b) Marketed Drugs and Biological Products.--After providing
notice and an opportunity for written response and a meeting, which may
include an advisory committee meeting, the Secretary may by order
require the holder of an approved application relating to a drug under
section 505 or the holder of a license for a biological product under
section 351 of the Public Health Service Act (42 U.S.C. 262) to submit
by a specified date the assessments described in subsection (a) if the
Secretary finds that--
``(1)(A) the drug or biological product is used for a
substantial number of pediatric patients for the labeled
indications; and
``(B) the absence of adequate labeling could pose
significant risks to pediatric patients; or
``(2)(A) there is reason to believe that the drug or
biological product would represent a meaningful therapeutic
benefit over existing therapies for pediatric patients for 1 or
more of the claimed indications; and
``(B) the absence of adequate labeling could pose
significant risks to pediatric patients.
``(c) Delay in Submission of Assessments.--If a person delays the
submission of assessments relating to a drug or biological product
beyond a date specified in subsection (a) or (b)--
``(1) the drug or biological product--
``(A) shall be deemed to be misbranded;
``(B) shall be subject to action under sections 302
and 304; and
``(C) shall not be subject to action under section
303; and
``(2) the delay shall not be the basis for a proceeding to
withdraw approval for a drug under section 505(e) or revoke the
license for a biological product under section 351 of the
Public Health Service Act (42 U.S.C. 262).
``(d) Waivers.--
``(1) Full waiver.--At the request of an applicant, the
Secretary shall grant a full waiver, as appropriate, of the
requirement to submit assessments under subsection (a) or (b)
if--
``(A) necessary studies are impossible or highly
impracticable;
``(B) there is evidence strongly suggesting that
the drug or biological product would be ineffective or
unsafe in all pediatric age groups; or
``(C)(i) the drug or biological product--
``(I) does not represent a meaningful
therapeutic benefit over existing therapies for
pediatric patients; and
``(II) is not likely to be used for a
substantial number of pediatric patients; and
``(ii) the absence of adequate labeling would not
pose significant risks to pediatric patients.
``(2) Partial waiver.--At the request of an applicant, the
Secretary shall grant a partial waiver, as appropriate, of the
requirement to submit assessments under subsection (a) with
respect to a specific pediatric subpopulation if--
``(A) any of the grounds stated in paragraph (1)
applies to that subpopulation; or
``(B) the applicant demonstrates that reasonable
attempts to produce a pediatric formulation necessary
for that subpopulation have failed.
``(3) Labeling requirement.--If the Secretary grants a full
or partial waiver because there is evidence that a drug or
biological product would be ineffective or unsafe in pediatric
populations, the information shall be included in the labeling
for the drug or biological product.
``(e) Meetings.--The Secretary shall meet at appropriate times in
the investigational new drug process with the sponsor to discuss
background information that the sponsor shall submit on plans and
timelines for pediatric studies, or any planned request for waiver or
deferral of pediatric studies.''.
(b) Conforming Amendments.--
(1) Section 505(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(b)(1)) is amended in the second
sentence--
(A) by striking ``and (F)'' and inserting ``(F)'';
and
(B) by striking the period at the end and inserting
``, and (G) any assessments required under section
505B.''.
(2) Section 505A(h) o the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355a(h)) is amended--
(A) in the subsection heading, by striking
``Regulations'' and inserting ``Pediatric Study
Requirements''; and
(B) by striking ``pursuant to regulations
promulgated by the Secretary'' and inserting ``by a
provision of law (including a regulation) other than
this section''.
(3) Section 351(a)(2) of the Public Health Service Act (42
U.S.C. 262(a)(2)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Pediatric studies.--A person that submits an
application for a license under this paragraph shall
submit to the Secretary as part of the application any
assessments required under section 505B of the Federal
Food, Drug, and Cosmetic Act.''.
(c) Final Rule.--Except to the extent that the final rule is
inconsistent with the amendment made by subsection (a), the final rule
promulgating regulations requiring manufacturers to assess the safety
and effectiveness of new drugs and biological products in pediatric
patients (63 Fed. Reg. 66632 (December 2, 1998)), shall be considered
to implement the amendment made by subsection (a).
(d) No Effect on Authority.--Section 505B of the Federal Food,
Drug, and Cosmetic Act (as added by subsection (a)) does not affect
whatever existing authority the Secretary of Health and Human Services
has to require pediatric assessments regarding the safety and efficacy
of drugs and biological products in addition to the assessments
required under that section. The authority, if any, of the Secretary of
Health and Human Services regarding specific populations other than the
pediatric population shall be exercised in accordance with the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) as in effect on
the day before the date of enactment of this Act. | Amends the Federal Food, Drug, and Cosmetic Act to require license applications for new drug and biological product to assess such drug's or product's safety and effectiveness for relevant pediatric subpopulations, including dosage.Permits extrapolation from adult studies where the course of the disease and the effects of the drug are sufficiently similar in all populations.Permits deferral of such assessments if adult studies are completed earlier and the applicant submits a plan for or a description of planned or ongoing pediatric studies.Authorizes the Secretary of Health and Human Services to specify a date for submission of pediatric assessments if a drug's or product's use or need in the pediatric populations so dictates. States that drugs or products with delayed assessments will be deemed misbranded and subject to seizure and injunctive proceedings, though not penalties.Permits full waiver of such assessments if: (1) studies are highly impracticable or impossible and the evidence suggests that the drug or product would be ineffective or unsafe in all pediatric age groups; or (2) there is no meaningful therapeutic advantage or benefit in the pediatric population and little risk if used as labeled. Permits partial waivers at the request of an applicant for a specific pediatric subpopulation if any of the full waiver grounds apply to that subpopulation or reasonable attempts for a pediatric formulation for that subpopulation have failed. Requires labels of these drugs or products to reflect such waivers. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to require labeling containing information applicable to pediatric patients."} | 2,020 | 317 | 0.591754 | 1.716249 | 0.822261 | 2.426923 | 6.988462 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deadly Driver Reduction and Matthew
P. Hammell Memorial Act''.
SEC. 2. MINIMUM PENALTY FOR AN INDIVIDUAL WHO OPERATES A MOTOR VEHICLE
WHILE UNDER THE INFLUENCE OF ALCOHOL.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 162. National minimum penalty for an individual who operates a
motor vehicle while under the influence of alcohol
``(a) Withholding of Apportionments for Noncompliance.--
``(1) Fiscal year 2001.--The Secretary shall withhold 5
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (5)(B) of section 104(b)
on October 1, 2000, if the State does not meet the requirements
of paragraph (3) on that date.
``(2) Thereafter.--The Secretary shall withhold 10 percent
(including any amounts withheld under paragraph (1)) of the
amount required to be apportioned to any State under each of
paragraphs (1), (3), and (5)(B) of section 104(b) on October 1,
2001, and on October 1 of each fiscal year thereafter, if the
State does not meet the requirements of paragraph (3) on that
date.
``(3) Requirements.--
``(A) In general.--A State meets the requirements
of this paragraph if the State has enacted and is
enforcing a law that provides for a minimum penalty
consistent with the following:
``(i) In the case of the first offense of
an individual of operating a motor vehicle
while under the influence of alcohol,
revocation of the individual's driver's license
for at least 180 days.
``(ii) In the case of the second offense of
an individual of any alcohol-related offense
while operating a motor vehicle (including
operating a motor vehicle while under the
influence of alcohol), revocation of the
individual's driver's license for at least 1
year.
``(iii) In the case of the third or
subsequent offense of an individual of any
alcohol-related offense while operating a motor
vehicle (including operating a motor vehicle
while under the influence of alcohol),
permanent revocation of the individual's
driver's license.
``(B) Terms of revocation.--A revocation under
subparagraph (A) shall not be subject to any exception
or condition, including an exception or condition to
avoid hardship to any individual.
``(b) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability of withheld funds.--
``(A) Funds withheld on or before september 30,
2002.--Any funds withheld under subsection (a) from
apportionment to any State on or before September 30,
2002, shall remain available until the end of the third
fiscal year following the fiscal year for which the
funds are authorized to be appropriated.
``(B) Funds withheld after september 30, 2002.--No
funds withheld under this section from apportionment to
any State after September 30, 2002, shall be available
for apportionment to the State.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (a) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirements of subsection (a)(3), the Secretary
shall, on the first day on which the State meets the
requirements, apportion to the State the funds withheld under
subsection (a) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned under paragraph (2) shall remain
available for expenditure until the end of the third fiscal
year following the fiscal year in which the funds are so
apportioned. Sums not obligated at the end of that period shall
lapse or, in the case of funds apportioned under section
104(b)(5)(B), shall lapse and be made available by the
Secretary for projects in accordance with section 118.
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (a) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirements of
subsection (a)(3), the funds shall lapse or, in the case of
funds withheld from apportionment under section 104(b)(5)(B),
shall lapse and be made available by the Secretary for projects
in accordance with section 118.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``162. National minimum penalty for an individual who operates a motor
vehicle while under the influence of
alcohol.''. | Deadly Driver Reduction and Matthew P. Hammell Memorial Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2001, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides a minimum penalty of revocation of a driver's license for at least 180 days in the case of a first offense of operating a motor vehicle while under the influence of alcohol, revocation for at least one year in the case of a second offense of any alcohol-related offense while operating a motor vehicle, and permanent revocation in the case of a third or subsequent such offense. Allows funds withheld from a State during FY 2001 to be available for up to the three subsequent fiscal years (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years. | {"src": "billsum_train", "title": "Deadly Driver Reduction and Matthew P. Hammell Memorial Act"} | 1,158 | 222 | 0.648171 | 1.830962 | 0.832044 | 2.342246 | 5.411765 | 0.812834 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Planning for American Energy Act of
2012''.
SEC. 2. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN.
(a) In General.--The Mineral Leasing Act (30 U.S.C. 181 et seq.) is
amended by redesignating section 44 as section 45, and by inserting
after section 43 the following:
``SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION
STRATEGY.
``(a) In General.--
``(1) The Secretary of the Interior (hereafter in this
section referred to as `Secretary'), in consultation with the
Secretary of Agriculture with regard to lands administered by
the Forest Service, shall develop and publish every 4 years a
Quadrennial Federal Onshore Energy Production Strategy. This
Strategy shall direct Federal land energy development and
department resource allocation in order to promote the energy
security of the United States.
``(2) In developing this Strategy, the Secretary shall
consult with the Administrator of the Energy Information
Administration on the projected energy demands of the United
States for the next 30-year period, and how energy derived from
Federal onshore lands can put the United States on a trajectory
to meet that demand during the next 4-year period. The
Secretary shall consider how Federal lands will contribute to
ensuring national energy security, with a goal for increasing
energy independence and production, during the next 4-year
period.
``(3) The Secretary shall determine a domestic strategic
production objective for the development of energy resources
from Federal onshore lands. Such objective shall be--
``(A) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of oil and natural gas from the Federal
onshore mineral estate, with a focus on lands held by
the Bureau of Land Management and the Forest Service;
``(B) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
coal production from Federal lands;
``(C) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of strategic and critical energy minerals
from the Federal onshore mineral estate;
``(D) the best estimate, based upon commercial and
scientific data, of the expected increase in megawatts
for electricity production from each of the following
sources: wind, solar, biomass, hydropower, and
geothermal energy produced on Federal lands
administered by the Bureau of Land Management and the
Forest Service;
``(E) the best estimate, based upon commercial and
scientific data, of the expected increase in
unconventional energy production, such as oil shale;
and
``(F) the best estimate, based upon commercial and
scientific data, of the expected increase in domestic
production of oil, natural gas, coal, and other
renewable sources from tribal lands for any federally
recognized Indian tribe that elects to participate in
facilitating energy production on its lands.
``(4) The Secretary shall consult with the Administrator of
the Energy Information Administration regarding the methodology
used to arrive at its estimates for purposes of this section.
``(5) The Secretary has the authority to expand the energy
development plan to include other energy production technology
sources or advancements in energy on Federal lands.
``(b) Tribal Objectives.--It is the sense of Congress that
federally recognized Indian tribes may elect to set their own
production objectives as part of the Strategy under this section. The
Secretary shall work in cooperation with any federally recognized
Indian tribe that elects to participate in achieving its own strategic
energy objectives designated under this subsection.
``(c) Execution of the Strategy.--The relevant Secretary shall have
all necessary authority to make determinations regarding which
additional lands will be made available in order to meet the production
objectives established by strategies under this section. The Secretary
shall also take all necessary actions to achieve these production
objectives unless the President determines that it is not in the
national security and economic interests of the United States to
increase Federal domestic energy production and to further decrease
dependence upon foreign sources of energy. In administering this
section, the relevant Secretary shall only consider leasing Federal
lands available for leasing at the time the lease sale occurs.
``(d) State, Federally Recognized Indian Tribes, Local Government,
and Public Input.--In developing each strategy, the Secretary shall
solicit the input of affected States, federally recognized Indian
tribes, local governments, and the public.
``(e) Reporting.--The Secretary shall report annually to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate on the progress
of meeting the production goals set forth in the strategy. The
Secretary shall identify in the report projections for production and
capacity installations and any problems with leasing, permitting,
siting, or production that will prevent meeting the goal. In addition,
the Secretary shall make suggestions to help meet any shortfalls in
meeting the production goals.
``(f) Programmatic Environmental Impact Statement.--Not later than
12 months after the date of enactment of this section, in accordance
with section 102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic
environmental impact statement. This programmatic environmental impact
statement will be deemed sufficient to comply with all requirements
under that Act for all necessary resource management and land use plans
associated with the implementation of the strategy.
``(g) Congressional Review.--At least 60 days prior to publishing a
proposed strategy under this section, the Secretary shall submit it to
the President and the Congress, together with any comments received
from States, federally recognized Indian tribes, and local governments.
Such submission shall indicate why any specific recommendation of a
State, federally recognized Indian tribe, or local government was not
accepted.''.
(b) First Quadrennial Strategy.--Not later than 18 months after the
date of enactment of this Act, the Secretary of the Interior shall
submit to Congress the first Quadrennial Federal Onshore Energy
Production Strategy under the amendment made by subsection (a).
SEC. 3. DEFINITIONS.
For purposes of this Act, the term ``strategic and critical energy
minerals'' means those that are necessary for the Nation's energy
infrastructure including pipelines, refining capacity, electrical power
generation and transmission, and renewable energy production and those
that are necessary to support domestic manufacturing, including but not
limited to, materials used in energy generation, production, and
transportation. | Planning for American Energy Act of 2012 - Amends the Mineral Leasing Act to direct the Secretary of the Interior (the Secretary) and the Secretary of Agriculture (USDA) to publish every four years a Quadrennial Federal Onshore Energy Production Strategy to direct federal land energy development and department resource allocation in order to promote the energy security of the United States.
Instructs the Secretary to consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30 years and on how energy derived from federal onshore lands can put the United States on a trajectory that meets such demand during the next 4 years, with a goal for increasing energy independence and production.
Requires the Secretary to determine a domestic strategic production objective for the development of energy resources from such lands.
Expresses the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy.
Grants the relevant Secretary all necessary authority to make determinations regarding which additional federal lands available for leasing at the time the lease sale occurs will be available to meet the production objectives established by the strategies. Directs the Secretary to also take all necessary actions to achieve such objectives unless the President determines that it is not in U.S. national security and economic interests to increase federal domestic energy production and to further decrease dependence upon foreign energy sources.
Requires the Secretary, within 12 months of this Act's enactment, to complete a programmatic environmental impact statement in accordance with certain requirements under the National Environmental Policy Act of 1969 (NEPA). Deems such statement sufficient to be in compliance with NEPA requirements for all necessary resource management and land use plans associated with implementation of the Strategy.
Requires the Secretary to submit to: (1) the President and Congress, each proposed strategy, together with comments received from the affected states, federally recognized tribes, and local governments prior to publishing it; and (2) Congress the first Strategy within 18 months of enactment. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to establish goals for an all-of-the-above energy production plan strategy on a 4-year basis on all onshore Federal lands managed by the Department of the Interior and the Forest Service."} | 1,437 | 427 | 0.684451 | 2.27973 | 0.813191 | 4.792105 | 3.547368 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leave Ethanol Volumes at Existing
Levels Act'' or the ``LEVEL Act''.
SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM.
(a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1)) is amended to read as follows:
``(1) Definitions.--In this section:
``(A) Cellulosic biomass ethanol.--The term
`cellulosic biomass ethanol' means ethanol derived from
any lignocellulosic or hemicellulosic matter that is
available on a renewable or recurring basis,
including--
``(i) dedicated energy crops and trees;
``(ii) wood and wood residues;
``(iii) plants;
``(iv) grasses;
``(v) agricultural residues;
``(vi) fibers;
``(vii) animal wastes and other waste
materials; and
``(viii) municipal solid waste.
The term also includes any ethanol produced in
facilities where animal wastes or other waste materials
are digested or otherwise used to displace 90 percent
or more of the fossil fuel normally used in the
production of ethanol.
``(B) Waste derived ethanol.--The term `waste
derived ethanol' means ethanol derived from--
``(i) animal wastes, including poultry fats
and poultry wastes, and other waste materials;
or
``(ii) municipal solid waste.
``(C) Renewable fuel.--
``(i) In general.--The term `renewable
fuel' means motor vehicle fuel that--
``(I)(aa) is produced from grain,
starch, oilseeds, vegetable, animal, or
fish materials including fats, greases,
and oils, sugarcane, sugar beets, sugar
components, tobacco, potatoes, or other
biomass; or
``(bb) is natural gas produced from
a biogas source, including a landfill,
sewage waste treatment plant, feedlot,
or other place where decaying organic
material is found; and
``(II) is used to replace or reduce
the quantity of fossil fuel present in
a fuel mixture used to operate a motor
vehicle.
``(ii) Inclusion.--The term renewable fuel
includes--
``(I) cellulosic biomass ethanol
and waste derived ethanol; and
``(II) biodiesel (as defined in
section 312(f) of the Energy Policy Act
of 1992 (42 U.S.C. 13220(f))) and any
blending components derived from
renewable fuel (provided that only the
renewable fuel portion of any such
blending component shall be considered
part of the applicable volume under the
renewable fuel program established by
this subsection).
``(D) Small refinery.--The term `small refinery'
means a refinery for which the average aggregate daily
crude oil throughput for a calendar year (as determined
by dividing the aggregate throughput for the calendar
year by the number of days in the calendar year) does
not exceed 75,000 barrels.''.
(b) Renewable Fuel Program.--Paragraph (2) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows:
(1) Regulations.--Clause (i) of subparagraph (A) is amended
by striking the last sentence.
(2) Applicable volumes of renewable fuel.--Subparagraph (B)
is amended to read as follows:
``(B) Applicable volume.--For the purpose of
subparagraph (A), the applicable volume for any of
calendar years 2006 through 2012 shall be determined in
accordance with the following table:
----------------------------------------------------------------------------------------------------------------
``Calendar year: Applicable volume of renewable fuel (in billions of gallons):
----------------------------------------------------------------------------------------------------------------
2006 4.0
----------------------------------------------------------------------------------------------------------------
2007 4.7
----------------------------------------------------------------------------------------------------------------
2008 5.4
----------------------------------------------------------------------------------------------------------------
2009 6.1
----------------------------------------------------------------------------------------------------------------
2010 6.8
----------------------------------------------------------------------------------------------------------------
2011 7.4
----------------------------------------------------------------------------------------------------------------
2012 7.5''.
----------------------------------------------------------------------------------------------------------------
(c) Applicable Percentages.--Paragraph (3) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:
(1) In subparagraph (A), by striking ``2021'' and inserting
``2011''.
(2) In subparagraph (A), by striking ``transportation fuel,
biomass-based diesel, and cellulosic biofuel'' and inserting
``gasoline''.
(3) In subparagraph (B), by striking ``2021'' and inserting
``2012'' in clause (i).
(4) In subparagraph (B), by striking ``transportation
fuel'' and inserting ``gasoline'' in clause (ii)(II).
(d) Cellulosic Biomass Ethanol or Waste Derived Ethanol.--Paragraph
(4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is
amended to read as follows:
``(4) Cellulosic biomass ethanol or waste derived
ethanol.--For the purpose of paragraph (2), 1 gallon of
cellulosic biomass ethanol or waste derived ethanol shall be
considered to be the equivalent of 2.5 gallons of renewable
fuel.''.
(e) Credit Program.--Paragraph (5) of section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)(5)) is amended by striking subparagraph (E).
(f) Waivers.--
(1) In general.--Paragraph (7) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(7)) is amended--
(A) in subparagraph (A), by striking ``, by any
person subject to the requirements of this subsection,
or by the Administrator on his own motion''; and
(B) by inserting ``State'' before ``petition for a
waiver'' in subparagraph (B).
(2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of
the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking
subparagraph (D).
(3) Biomass-based diesel.--Paragraph (7) of section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by
striking subparagraphs (E) and (F).
(g) Periodic Reviews.--Section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)) is amended by striking paragraph (11).
(h) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)) is amended by striking paragraph (12).
(i) Regulations.--Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended by striking paragraph (2) of subsection (v).
(j) Other Provisions.--
(1) Environmental and resource conservation impacts.--
Section 204(b) of the Energy Independence and Security Act of
2007 (Public Law 110-140) is repealed.
(2) Effective date, savings provision, and transition
rules.--Section 210 of the Energy Independence and Security Act
of 2007 (Public Law 110-140) is repealed.
SEC. 3. HIGHER ETHANOL BLENDS.
(a) Prohibition of Authorization of Higher Ethanol Blends.--
Notwithstanding any other provision of law, the Administrator of the
Environmental Protection Agency may not permit or authorize (including
by granting a wavier through the fuels and fuel additives waiver
process under section 211(f)(4) of the Clean Air Act (42 U.S.C.
7545(f)(4)) the introduction into commerce of an ethanol-gasoline blend
containing greater than 10 percent ethanol by volume that is intended
for general use in conventional gasoline-powered onroad or nonroad
vehicles or engines.
(b) Study.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall conduct, and submit to Congress the results of, a comprehensive
study on--
(1) the effects of the introduction into commerce of an
ethanol-gasoline blend described in subsection (a) on consumer
products, including--
(A) onroad and nonroad vehicles;
(B) nonroad engines (such as lawn mowers); and
(C) any other applicable gasoline-powered vehicles,
engines, and devices;
(2) the impact of an ethanol-gasoline blend described in
subsection (a) on--
(A) engine performance of conventional gasoline-
powered onroad and nonroad vehicles and nonroad
engines;
(B) emissions from the use of the blend; and
(C) materials compatibility and consumer safety
issues associated with the use of such blend (including
the identification of insufficient data or information
for some or all of such vehicles and engines with
respect to each of the issues described in this
subparagraph and subparagraphs (A) and (B)); and
(3) the ability of wholesale and retail gasoline
distribution infrastructure, including bulk storage, retail
storage configurations, and retail equipment (including
certification of equipment compatibility by independent
organizations), to introduce such an ethanol-gasoline blend
into commerce without widespread intentional or unintentional
misfueling by consumers. | Leave Ethanol Volumes at Existing Levels Act or the LEVEL Act - Amends the Clean Air Act to revise the renewable fuel program, including by: (1) redefining "renewable fuel"; (2) reducing the percentage of renewable fuel that is required to be in gasoline sold or introduced into commerce in the United States (from 9% to 5.4% in 2008, 11.1% to 6.1% in 2009, 12.95% to 6.8% in 2010, 13.95% to 7.4% in 2011, and 15.2% to 7.5% in 2012); (3) revoking the renewable fuel standard for 2013-2022; (4) requiring the Administrator of the Energy Information Administration to provide to the Administrator of the Environmental Protection Agency (EPA) an estimate of the volumes of gasoline (currently of transportation fuel, biomass-based diesel, and cellulosic biofuel) projected to be sold or introduced into commerce in the following year; (5) making one gallon of cellulosic biomass ethanol or waste derived ethanol equivalent to 2.5 gallons of renewable fuel; (6) repealing provisions concerning cellulosic biofuel and biomass-based diesel; and (7) repealing a requirement that the Administrator of EPA promulgate fuel regulations to implement measures to mitigate adverse impacts on air quality as the result of renewable fuel requirements.
Amends the Energy Independence and Security Act of 2007 to repeal provisions requiring EPA to report to Congress on current and future impacts of the renewable fuel requirements on environmental issues, resource conservation issues, and the growth and use of cultivated invasive or noxious plants and their impacts on the environment and agriculture.
Prohibits the Administrator from permitting or authorizing (including by granting a waiver through the fuels and fuel additives waiver process) the introduction into commerce of an ethanol-gasoline blend containing greater than 10% ethanol by volume that is intended for general use in conventional gasoline-powered vehicles or engines.
Requires the Administrator to study: (1) the effects of the introduction into commerce of an ethanol-gasoline blend on consumer products; (2) the impact of such blend on engine performance of conventional gasoline-powered vehicles and nonroad engines, emissions from the use of the blend, and materials compatibility and consumer safety issues associated with the use of such blend; and (3) the ability of wholesale and retail gasoline distribution infrastructure to introduce such blend into commerce without widespread misfueling by consumers. | {"src": "billsum_train", "title": "To repeal certain amendments to the Clean Air Act relating to the expansion of the renewable fuel program, and for other purposes."} | 2,546 | 513 | 0.484751 | 1.383847 | 0.51193 | 3.217582 | 3.975824 | 0.826374 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First-Time Homebuyers' Tax Credit
Act of 2003''.
SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME HOMEBUYERS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER.
``(a) Allowance of Credit.--In the case of an individual who is a
first-time homebuyer of a principal residence in the United States
during any taxable year, there shall be allowed as a credit against the
tax imposed by this subtitle for the taxable year an amount equal to 10
percent of the purchase price of the residence.
``(b) Limitations.--
``(1) Maximum dollar amount.--
``(A) In general.--The credit allowed under
subsection (a) shall not exceed the excess (if any)
of--
``(i) $3,000 ($6,000 in the case of a joint
return), over
``(ii) the credit transfer amount
determined under subsection (c) with respect to
the purchase to which subsection (a) applies.
``(B) Inflation adjustment.--In the case of any
taxable year beginning after December 31, 2003--
``(i) the $3,000 amount under subparagraph
(A) shall be increased by an amount equal to
$3,000, multiplied by the cost-of-living
adjustment determined under section 1(f)(3) for
the calendar year in which the taxable year
begins by substituting `2002' for `1992' in
subparagraph (B) thereof, and
``(ii) the $6,000 amount under subparagraph
(A) shall be increased to twice the $3,000
amount, as adjusted under clause (i) for the
taxable year.
If the $3,000 amount as adjusted under clause (i) is
not a multiple of $10, such amount shall be rounded to
the nearest multiple of $10.
``(2) Taxable income limitation.--
``(A) In general.--If the taxable income of the
taxpayer for any taxable year exceeds the maximum
taxable income in the table under subsection (a), (b),
(c), or (d) of section 1, whichever is applicable, to
which the 25 percent rate applies, the dollar amounts
in effect under paragraph (1)(A)(i) for such taxpayer
for the following taxable year shall be reduced (but
not below zero) by the amount of the excess.
``(B) Change in return status.--In the case of
married individuals filing a joint return for any
taxable year who did not file such a joint return for
the preceding taxable year, subparagraph (A) shall be
applied by reference to the highest taxable income of
either such individual for the preceding taxable year.
``(c) Transfer of Credit.--
``(1) In general.--A taxpayer may transfer all or a portion
of the credit allowable under subsection (a) to 1 or more
persons as payment of any liability of the taxpayer arising out
of--
``(A) the downpayment of any portion of the
purchase price of the principal residence, and
``(B) closing costs in connection with the purchase
(including any points or other fees incurred in
financing the purchase).
``(2) Credit transfer mechanism.--
``(A) In general.--Not less than 180 days after the
date of the enactment of this Act, the Secretary shall
establish and implement a credit transfer mechanism for
purposes of paragraph (1). Such mechanism shall require
the Secretary to--
``(i) certify that the taxpayer is eligible
to receive the credit provided by this section
with respect to the purchase of a principal
residence and that the transferee is eligible
to receive the credit transfer,
``(ii) certify that the taxpayer has not
received the credit provided by this section
with respect to the purchase of any other
principal residence,
``(iii) certify the credit transfer amount
which will be paid to the transferee, and
``(iv) require any transferee that directly
receives the credit transfer amount from the
Secretary to notify the taxpayer within 14 days
of the receipt of such amount.
Any check, certificate, or voucher issued by the
Secretary pursuant to this paragraph shall include the
taxpayer identification number of the taxpayer and the
address of the principal residence being purchased.
``(B) Timely receipt.--The Secretary shall issue
the credit transfer amount not less than 30 days after
the date of the receipt of an application for a credit transfer.
``(3) Payment of interest.--
``(A) In general.--Notwithstanding any other
provision of this title, the Secretary shall pay
interest on any amount which is not paid to a person
during the 30-day period described in paragraph (2)(B).
``(B) Amount of interest.--Interest under
subparagraph (A) shall be allowed and paid--
``(i) from the day after the 30-day period
described in paragraph (2)(B) to the date
payment is made, and
``(ii) at the overpayment rate established
under section 6621.
``(C) Exception.--This paragraph shall not apply to
failures to make payments as a result of any natural
disaster or other circumstance beyond the control of
the Secretary.
``(4) Effect on legal rights and obligations.--Nothing in
this subsection shall be construed to--
``(A) require a lender to complete a loan
transaction before the credit transfer amount has been
transferred to the lender, or
``(B) prevent a lender from altering the terms of a
loan (including the rate, points, fees, and other
costs) due to changes in market conditions or other
factors during the period of time between the
application by the taxpayer for a credit transfer and
the receipt by the lender of the credit transfer
amount.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) First-time homebuyer.--
``(A) In general.--The term `first-time homebuyer'
has the same meaning as when used in section
72(t)(8)(D)(i).
``(B) One-time only.--If an individual is treated
as a first-time homebuyer with respect to any principal
residence, such individual may not be treated as a
first-time homebuyer with respect to any other
principal residence.
``(C) Married individuals filing jointly.--In the
case of married individuals who file a joint return,
the credit under this section is allowable only if both
individuals are first-time homebuyers.
``(D) Other taxpayers.--If 2 or more individuals
who are not married purchase a principal residence--
``(i) the credit under this section is
allowable only if each of the individuals is a
first-time homebuyer, and
``(ii) the amount of the credit allowed
under subsection (a) shall be allocated among
such individuals in such manner as the
Secretary may prescribe, except that the total
amount of the credits allowed to all such
individuals shall not exceed the amount in
effect under subsection (b)(1)(A) for
individuals filing joint returns.
``(2) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121. Except as
provided in regulations, an interest in a partnership, S
corporation, or trust which owns an interest in a residence
shall not be treated as an interest in a residence for purposes
of this paragraph.
``(3) Purchase.--
``(A) In general.--The term `purchase' means any
acquisition, but only if--
``(i) the property is not acquired from a
person whose relationship to the person
acquiring it would result in the disallowance
of losses under section 267 or 707(b) (but, in
applying section 267 (b) and (c) for purposes
of this section, paragraph (4) of section
267(c) shall be treated as providing that the
family of an individual shall include only the
individual's spouse, ancestors, and lineal
descendants), and
``(ii) the basis of the property in the
hands of the person acquiring it is not
determined--
``(I) in whole or in part by
reference to the adjusted basis of such
property in the hands of the person
from whom acquired, or
``(II) under section 1014(a)
(relating to property acquired from a
decedent).
``(B) Construction.--A residence which is
constructed by the taxpayer shall be treated as
purchased by the taxpayer.
``(4) Purchase price.--The term `purchase price' means the
adjusted basis of the principal residence on the date of
acquisition (within the meaning of section 72(t)(8)(D)(iii)).
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.
``(f) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to the purchase of any
residence, the basis of such residence shall be reduced by the amount
of the credit so allowed.
``(g) Property to Which Section Applies.--
``(1) In general.--The provisions of this section apply to
a principal residence if--
``(A) the taxpayer purchases the residence on or
after January 1, 2003, and before January 1, 2010, or
``(B) the taxpayer enters into, on or after January
1, 2003, and before January 1, 2010, a binding contract
to purchase the residence, and purchases and occupies
the residence before July 1, 2011.''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016 of the Internal Revenue
Code of 1986 (relating to general rule for adjustments to
basis) is amended by striking ``and'' at the end of paragraph
(27), by striking the period at the end of paragraph (28) and
inserting
``, and'', and by adding at the end the following new
paragraph:
``(29) in the case of a residence with respect to which a
credit was allowed under section 36, to the extent provided in
section 36(f).''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by striking ``or'' before ``enacted'' and by inserting
before the period at the end ``, or from section 36 of such
Code''.
(c) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by striking the item relating to section 36 and
inserting the following new items:
``Sec. 36. Purchase of principal
residence by first-time
homebuyer.
``Sec. 37. Overpayments of tax.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | First-Time Homebuyers' Tax Credit Act of 2003 - Amends the Internal Revenue Code to: (1) allow an income-based, one-time tax credit for first-time homebuyers of ten percent of a principal residence's purchase price ($3,000 maximum credit, $6,000 maximum credit for joint filers); (2) allow transfer of such credit (within 30 days of transfer application) as payment towards related downpayment and closing costs; and (3) apply the credit to purchases made on or after January 1, 2003, and before January 1, 2010, and to binding contracts made between such dates, and in which the residence is occupied before July 1, 2011. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for the purchase of a principal residence by a first-time homebuyer."} | 2,522 | 136 | 0.588131 | 1.561191 | 0.645398 | 3.08209 | 17.597015 | 0.902985 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Affordability Assurance
Act''.
SEC. 2. HOUSING IMPACT ANALYSIS.
(a) Applicability.--Except as provided in subsection (b), the
requirements of this section shall apply with respect to--
(1) any proposed rule, unless the agency promulgating the
rule--
(A) has certified that the proposed rule will not,
if given force or effect as a final rule, have a
significant deleterious impact on housing
affordability; and
(B) has caused such certification to be published
in the Federal Register at the time of publication of
general notice of proposed rulemaking for the rule,
together with a statement providing the factual basis
for the certification; and
(2) any final rule, unless the agency promulgating the
rule--
(A) has certified that the rule will not, if given
force or effect, have a significant deleterious impact
on housing affordability; and
(B) has caused such certification to be published
in the Federal Register at the time of publication of
the final rule, together with a statement providing the
factual basis for the certification.
Any agency making a certification under this subsection shall provide a
copy of such certification and the statement providing the factual
basis for the certification to the Secretary of Housing and Urban
Development.
(b) Exception for Certain Banking Rules.--The requirements of this
section shall not apply to any proposed or final rule relating to--
(1) the operations, safety, or soundness of--
(A) federally insured depository institutions or
any affiliate of such an institution (as such term is
defined in section 2(k) of the Bank Holding Company Act
of 1956 (12 U.S.C. 1841(k));
(B) credit unions;
(C) the Federal home loan banks;
(D) the enterprises (as such term is defined in
section 1303 of the Housing and Community Development
Act of 1992 (12 U.S.C. 4502);
(E) a Farm Credit System institution; or
(F) foreign banks or their branches, agencies,
commercial lending companies, or representative offices
that operate in the United States, or any affiliate of
a foreign bank (as such terms are defined in section 1
of the International Banking Act of 1978 (12 U.S.C.
3101); or
(2) the payments system or the protection of deposit
insurance funds or the Farm Credit Insurance Fund.
(c) Statement of Proposed Rulemaking.--Whenever an agency publishes
general notice of proposed rulemaking for any proposed rule, unless the
agency has made a certification under subsection (a), the agency
shall--
(1) in the notice of proposed rulemaking--
(A) state with particularity the text of the
proposed rule; and
(B) request any interested persons to submit to the
agency any written analyses, data, views, and
arguments, and any specific alternatives to the
proposed rule;
(2) provide an opportunity for interested persons to take
the actions specified under paragraph (1)(B) before
promulgation of the final rule; and
(3) prepare and make available for public comment an
initial housing impact analysis in accordance with the
requirements of subsection (d).
(d) Initial Housing Impact Analysis.--
(1) Requirements.--Each initial housing impact analysis
shall describe the impact of the proposed rule on housing
affordability. The initial housing impact analysis or a summary
shall be published in the Federal Register at the same time as,
and together with, the publication of general notice of
proposed rulemaking for the rule. The agency shall transmit a
copy of the initial housing impact analysis to the Secretary of
Housing and Urban Development.
(2) Contents.--Each initial housing impact analysis
required under this subsection shall contain--
(A) a description of the reasons why action by the
agency is being considered;
(B) a succinct statement of the objectives of, and
legal basis for, the proposed rule;
(C) a description of and, where feasible, an
estimate of the extent to which the proposed rule would
increase the cost or reduce the supply of housing or
land for residential development; and
(D) an identification, to the extent practicable,
of all relevant Federal rules which may duplicate,
overlap, or conflict with the proposed rule.
(e) Final Housing Impact Analysis.--
(1) Requirement.--Whenever an agency promulgates a final
rule after publication of a general notice of proposed
rulemaking, unless the agency has made the certification under
subsection (a), the agency shall prepare a final housing impact
analysis.
(2) Contents.--Each final housing impact analysis shall
contain--
(A) a succinct statement of the need for, and
objectives of, the rule;
(B) a summary of the significant issues, analyses,
and alternatives to the proposed rule raised during the
public comment period in response to the proposed rule
and initial housing impact analysis, a summary of the
assessment of the agency of such issues, analyses, and
alternatives, and a statement of any changes made in
the proposed rule as a result of such comments; and
(C) a description of and an estimate of the extent
to which the rule will impact housing affordability or
an explanation of why no such estimate is available.
(3) Availability.--The agency shall make copies of the
final housing impact analysis available to members of the
public and shall publish in the Federal Register such analysis
or a summary thereof.
(f) Avoidance of Duplicative or Unnecessary Analyses.--
(1) Duplication.--Any Federal agency may perform the
analyses required by subsections (d) and (e) in conjunction
with or as a part of any other agenda or analysis required by
any other law, executive order, directive, or rule if such
other analysis satisfies the provisions of such subsections.
(2) Joinder.--In order to avoid duplicative action, an
agency may consider a series of closely related rules as one
rule for the purposes of subsections (d) and (e).
(g) Preparation of Analyses.--In complying with the provisions of
subsections (d) and (e), an agency may provide either a quantifiable or
numerical description of the effects of a proposed rule or alternatives
to the proposed rule, or more general descriptive statements if
quantification is not practicable or reliable.
(h) Effect on Other Law.--The requirements of subsections (d) and
(e) do not alter in any manner standards otherwise applicable by law to
agency action.
(i) Procedure for Waiver or Delay of Completion.--
(1) Initial housing impact analysis.--An agency head may
waive or delay the completion of some or all of the
requirements of subsection (d) by publishing in the Federal
Register, not later than the date of publication of the final
rule, a written finding, with reasons therefor, that the final
rule is being promulgated in response to an emergency that
makes compliance or timely compliance with the provisions of
subsection (a) impracticable.
(2) Final housing impact analysis.--An agency head may not
waive the requirements of subsection (e). An agency head may
delay the completion of the requirements of subsection (e) for
a period of not more than 180 days after the date of
publication in the Federal Register of a final rule by
publishing in the Federal Register, not later than such date of
publication, a written finding, with reasons therefor, that the
final rule is being promulgated in response to an emergency
that makes timely compliance with the provisions of subsection
(e) impracticable. If the agency has not prepared a final
housing impact analysis pursuant to subsection (e) within 180
days from the date of publication of the final rule, such rule
shall lapse and have no force or effect. Such rule shall not be
repromulgated until a final housing impact analysis has been
completed by the agency.
(j) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Housing affordability.--The term ``housing
affordability'' means the quantity of housing that is
affordable to families having incomes that do not exceed 150
percent of the median income of families in the area in which
the housing is located, with adjustments for smaller and larger
families. For purposes of this paragraph, area, median family
income for an area, and adjustments for family size shall be
determined in the same manner as such factors are determined
for purposes of section 3(b)(2) of the United States Housing
Act of 1937.
(2) Agency.--The term ``agency'' means each authority of
the Government of the United States, whether or not it is
within or subject to review by another agency, but does not
include--
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or
possessions of the United States;
(D) the government of the District of Columbia;
(E) agencies composed of representatives of the
parties or of representatives of organizations of the
parties to the disputes determined by them;
(F) courts-martial and military commissions;
(G) military authority exercised in the field in
time of war or in occupied territory; or
(H) functions conferred by--
(i) sections 1738, 1739, 1743, and 1744 of
title 12, United States Code;
(ii) chapter 2 of title 41, United States
Code;
(iii) subchapter II of chapter 471 of title
49, United States Code; or
(iv) sections 1884, 1891-1902, and former
section 1641(b)(2), of title 50, appendix,
United States Code.
(3) Families.--The term ``families'' has the meaning given
such term in section 3 of the United States Housing Act of
1937.
(4) Rule.--The term ``rule'' means any rule for which the
agency publishes a general notice of proposed rulemaking
pursuant to section 553(b) of title 5, United States Code, or
any other law, including any rule of general applicability
governing grants by an agency to State and local governments
for which the agency provides an opportunity for notice and
public comment; except that such term does not include a rule
of particular applicability relating to rates, wages, corporate
or financial structures or reorganizations thereof, prices,
facilities, appliances, services, or allowances therefor or to
valuations, costs or accounting, or practices relating to such
rates, wages, structures, prices, appliances, services, or
allowances.
(5) Significant.--The term ``significant'' means increasing
consumers' cost of housing by more than $100,000,000 per year.
(k) Development.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall develop model initial and final housing impact analyses under
this section and shall cause such model analyses to be published in the
Federal Register. The model analyses shall define the primary elements
of a housing impact analysis to instruct other agencies on how to carry
out and develop the analyses required under subsections (d) and (e).
(l) Judicial Review.--
(1) Determination by agency.--Except as otherwise provided
in paragraph (2), any determination by an agency concerning the
applicability of any of the provisions of this Act to any
action of the agency shall not be subject to judicial review.
(2) Other actions by agency.--Any housing impact analysis
prepared under subsection (d) or (e) and the compliance or
noncompliance of the agency with the provisions of this Act
shall not be subject to judicial review. When an action for
judicial review of a rule is instituted, any housing impact
analysis for such rule shall constitute part of the whole
record of agency action in connection with the review.
(3) Exception.--Nothing in this subsection bars judicial
review of any other impact statement or similar analysis
required by any other law if judicial review of such statement
or analysis is otherwise provided by law. | Housing Affordability Assurance Act - Requires, with an exception for certain banking rules, a housing impact analysis of any new rule of a Federal agency that has an economic impact of $100 million or more. | {"src": "billsum_train", "title": "To require a housing impact analysis of any new rule of a Federal agency that has an economic impact of $100,000,000 or more."} | 2,597 | 49 | 0.461857 | 1.192878 | 0.368223 | 1.846154 | 63.128205 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Income Protection Act of
2011''.
SEC. 2. CLARIFICATION OF THE DEFINITION OF FIDUCIARY.
Section 3(21) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(21)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)'';
(2) by adding at the end the following subparagraph:
``(C) No person shall be a fiduciary with respect to a plan
by reason of any service, act, or duty that such person is
required to perform with respect to such plan by reason of
section 4s(h) of the Commodity Exchange Act, section 15F(h) of
the Securities Exchange Act of 1934, any rule, regulation, or
standard prescribed pursuant to such sections, or any other
Federal law, rule, or regulation.''.
SEC. 3. CLARIFICATION OF THE DEFINITION OF SPECIAL ENTITY AND REMOVAL
OF ERISA PLANS.
(a) Amendment to the CEA.--Section 4s(h)(2)(C) of the Commodity
Exchange Act (7 U.S.C. 6s(h)(2)(C)) is amended--
(1) by striking ``For purposes'' and inserting ``(i) For
purposes'';
(2) by striking clause (iii) and redesignating clauses (i),
(ii), (iv), and (v) as subclauses (I), (II), (III) and (IV),
respectively; and
(3) by adding at the end the following:.
``(ii) Such term shall not include any collective
investment vehicle in which one or more special
entities invest.''.
(b) Amendment to the 1934 Act.--Section 15F(h)(2)(C) of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-10(h)(2)(C)) is
amended--
(1) by striking ``For purposes'' and inserting ``(i) For
purposes'';
(2) by striking clause (iii) and redesignating clauses (i),
(ii), (iv), and (v) as subclauses (I), (II), (III) and (IV),
respectively; and
(3) by adding at the end the following:
``(ii) Such term shall not include any collective
investment vehicle in which one or more special
entities invest.''.
SEC. 4. CONFORMING AMENDMENTS TO COUNTERPARTY REQUIREMENTS.
(a) Amendment to the CEA.--Section 4s(h)(5)(A)(i) of the Commodity
Exchange Act (7 U.S.C. 6s(h)(5)(A)(i)) is amended--
(1) by inserting ``and'' after the semicolon in subclause
(V); and
(2) by striking subclause (VII).
(b) Amendment to the 1934 Act.--Section 15F(h)(5)(A)(i) of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-10(h)(5)(A)(i)) is
amended--
(1) by inserting ``and'' after the semicolon in subclause
(V); and
(2) by striking subclause (VII).
SEC. 5. CLARIFICATION OF THE DEFINITION OF ADVISOR.
(a) Amendment to the CEA.--Section 4s(h)(4) of the Commodity
Exchange Act (7 U.S.C. 6s(h)(4)) is amended--
(1) in subparagraph (B), by adding at the end the
following: ``The duty of a swap dealer to act in the best
interests of a Special Entity shall not be construed to be a
fiduciary standard under Federal or State Law.''; and
(2) by adding at the end the following:
``(D) Rule of construction.--A swap dealer will not
be treated as an advisor to a Special Entity if--
``(i) the Special Entity represents in
writing that--
``(I) the Special Entity will not
rely on recommendations provided by the
swap dealer; and
``(II) the Special Entity will rely
on advice from an independent
representative as described in
paragraph (5); and
``(ii) the swap dealer discloses to the
Special Entity that it is not undertaking to
act in the best interests of the Special
Entity, as otherwise required by this
paragraph.
No swap dealer shall be considered to act as an advisor
to a Special Entity solely by reason of providing
information to an independent representative described
in paragraph (5)(D) of a Special Entity.''.
(b) Amendment to the 1934 Act.--Section 15F(h)(4)(B) of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-10(h)(4)(B)) is
amended--
(1) in subparagraph (B), by adding at the end the
following: ``The duty of a security-based swap dealer to act in
the best interests of a Special Entity shall not be construed
to be a fiduciary standard under Federal or State Law.''; and
(2) by adding at the end the following:
``(D) Rule of construction.--A security-based swap
dealer will not be treated as an advisor to a Special
Entity if--
``(i) the Special Entity represents in
writing that--
``(I) the Special Entity will not
rely on recommendations provided by the
security-based swap dealer; and
``(II) the Special Entity will rely
on advice from an independent
representative as described in
paragraph (5); and
``(ii) the security-based swap dealer
discloses to the Special Entity that it is not
undertaking to act in the best interests of the
Special Entity, as otherwise required by this
paragraph.
No security-based swap dealer shall be considered to
act as an advisor to a Special Entity solely by reason
of providing information to an independent
representative described in paragraph (5)(D) of a
Special Entity.''.
SEC. 6. CLARIFICATION OF THE DEFINITION OF INDEPENDENT REPRESENTATIVES.
(a) Amendment to the CEA.--Section 4s(h)(5) of the Commodity
Exchange Act (7 U.S.C. 6s(h)(5)) is amended--
(1) in subparagraph (A)(ii) by striking ``; and'' and
inserting a period;
(2) in subparagraph (B), by striking ``the Commission'' and
inserting ``The Commission'';
(3) by adding at the end the following subparagraphs:
``(C) A representative of a Special Entity will be
considered to be independent of a swap dealer if--
``(i) the representative is not an
associated person of the swap dealer within the
meaning of section 1a(4); and
``(ii) no more than 10 percent of the gross
revenues of the representative are derived from
the swap dealer.
``(D) Each of the requirements of this paragraph
shall be considered to be met if the Special Entity
represents to the swap dealer that it is represented
by--
``(i) an entity registered as an investment
adviser under the Investment Advisers Act of
1940;
``(ii) a commodity trading adviser as
defined in section 1a(12);
``(iii) a municipal advisor as defined in
section 15B(e)(4) of the Securities Exchange
Act of 1934; or
``(iv) an advisor certified by the National
Futures Association.''.
(b) Amendment to the 1934 Act.--Section 15F(h)(5) of the Securities
Exchange Act of 1934 (15 U.S.C. 78o-10(h)(5)) is amended by adding at
the end the following subparagraphs:
``(C) Independence.--A representative of a Special
Entity will be considered to be independent of a
security-based swap dealer if--
``(i) the representative is not an
associated person of the security-based swap
dealer within the meaning of section 1a(4) of
the Commodity Exchange Act; and
``(ii) no more than 10 percent of the gross
revenues of the representative are derived from
the security-based swap dealer.
``(D) Rule of construction.--Each of the
requirements of this paragraph shall be considered to
be met if the Special Entity represents to the
security-based swap dealer that it is represented by--
``(i) an entity registered as an investment
adviser under the Investment Advisers Act of
1940;
``(ii) a commodity trading adviser as
defined in section 1a(12) of the Commodity
Exchange Act;
``(iii) a municipal advisor as defined in
section 15B(e)(4); or
``(iv) an advisor certified by the
Financial Industry Regulatory Authority.''.
SEC. 7. AMENDMENT TO THE DEFINITION OF COMMODITY TRADING ADVISOR.
Section 1a(12)(B)(iii) of the Commodity Exchange Act (7 U.S.C.
1a(12)(B)(iii)) is amended by striking ``or futures commission
merchant'' and inserting ``, futures commission merchant, or swap
dealer''.
SEC. 8. EFFECTIVE DATE.
(a) In General.--The amendments made by sections 3 through 7 to the
respective provisions of the Commodity Exchange Act and the Securities
Exchange Act of 1934 shall take effect as if included in the sections
of the Dodd-Frank Wall Street Reform and Consumer Protection Act that
added such respective provisions to such Acts.
(b) ERISA Amendments.--The amendment made by section 2 of this Act
shall take effect as if enacted on the date of enactment of the Dodd-
Frank Wall Street Reform and Consumer Protection Act. | Retirement Income Protection Act of 2011 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare that no person shall be considered a fiduciary to an employee benefit plan (special entity) by reason of that person's performing any service, act, or duty as a swap dealer, major swap participant, security-based swap dealer, or major security-based swap participant with respect to such entity.
Amends the Commodity Exchange Act (CEA) and the Securities Exchange Act of 1934 to redefine "special entity" to exclude from its meaning as well as from certain business conduct standards: (1) employee benefit plans, and (2) any collective investment vehicle in which one or more special entities invest.
Declares that no swap dealer shall be treated as an advisor to a Special Entity (and thus subject to specified duties and restrictions related to fraudulent, deceptive, or manipulative behavior) if: (1) the Special Entity represents in writing that it will not rely on recommendations of the swap dealer, but will rely on advice from an independent representative; and (2) the swap dealer discloses to the Special Entity that it is not undertaking to act in the Special Entity 's best interests. Declares further that no swap dealer shall be considered to act as an advisor to a Special Entity solely by reason of providing information to an independent representative of a Special Entity.
Prescribes criteria for considering a representative of a Special Entity to be independent of a swap dealer. | {"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974, the Commodity Exchange Act, and the Securities Exchange Act of 1934 to ensure that pension plans can use swaps to hedge risks, and for other purposes."} | 2,311 | 321 | 0.538216 | 1.661371 | 0.710588 | 3.857143 | 6.675958 | 0.860627 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Protection and
Restoration Act of 2000''.
TITLE I--SEDIMENT REMEDIATION GRANT PROGRAM
SEC. 101. SHORT TITLE.
This title may be cited as the ``Great Lakes Legacy Act of 2000''.
SEC. 102. GRANTS FOR THE REMEDIATION OF SEDIMENT CONTAMINATION AT AREAS
OF CONCERN.
Section 118(c) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)) is amended by adding at the end the following:
``(12) Grants for remediation of sediment contamination at
areas of concern.--
``(A) In general.--In accordance with this
paragraph, the Administrator, acting through the Great
Lakes National Program Office described in subsection
(b), may make grants to States, Indian tribes (as
defined in section 518(h)), regional agencies, and
local governments to carry out qualified projects.
``(B) Qualified project.--In this paragraph, a
qualified project is a project to be carried out in an
area of concern located wholly or in part in the United
States, that--
``(i) remediates contaminated sediment;
``(ii) prevents further or renewed
contamination of sediment; or
``(iii) monitors or evaluates contaminated
sediment.
``(C) Priority.--In selecting applicants to receive
grants under this paragraph, the Administrator shall
give priority to an applicant proposing to carry out a
qualified project that--
``(i) remediates contaminated sediment;
``(ii) is to be carried out in an area of
concern located wholly within the United
States;
``(iii) has been identified in a remedial
action plan submitted pursuant to paragraph
(3), and is ready to be implemented; or
``(iv) will use an innovative approach to
or technique for remediation.
``(D) Limitations.--The Administrator may not make
a grant under this paragraph to carry out any of the
following types of projects:
``(i) A project located in an area of
concern that the Administrator determines is
likely to suffer further or renewed
contamination from existing sources of
pollutants into navigable waters.
``(ii) A project that, following an
evaluation of the short-term and long-term
impacts of the project in relation to the
reduction of risks to human health and the
environment, the Administrator determines will
be likely to have a greater adverse impact on
human health and the environment than other
remedial measures, including measures that do
not involve active remediation.
``(E) Non-federal matching requirement.--
``(i) In general.--The non-Federal share of
the cost of any project assisted under this
paragraph shall be not less than 35 percent.
``(ii) In-kind contributions.--The non-
Federal share of the cost of a project assisted
under this paragraph may include the value of
in-kind services contributed by a non-Federal
source, including any in-kind service performed
under a consent decree or administrative order,
but not including any in-kind services
performed under an enforcement order or
judgment.
``(iii) Operation and maintenance.--The
non-Federal share of the cost of the operation
and maintenance of any project assisted under
this paragraph shall be 100 percent.
``(F) Maintenance of effort.--No grant may be made
under this paragraph in any fiscal year to carry out a
project unless the grantee enters into such agreements
with the Administrator as the Administrator may require
to ensure that the grantee will maintain its aggregate
expenditures from all other sources for remediation
programs in the area of concern in which the project is
located at or above the average level of such
expenditures in its 2 fiscal years preceding the date
on which the grant is made.
``(G) Consideration of risks, benefits, impacts,
implementation, and cost.--The Administrator shall
require that each applicant for assistance under this
paragraph demonstrate that each remedial action to be
implemented by a project to be assisted has been
selected only after careful consideration of--
``(i) the risks to human health and the
environment posed by the remedial action and
the contaminants to be remediated;
``(ii) the benefits of the remedial action;
``(iv) the short-term and long-term impacts
of the remedial action;
``(v) the likelihood that the remedial
action can be implemented; and
``(vi) the cost of the remedial action.
``(H) Coordination.--In making grants under this
paragraph, the Administrator shall coordinate with the
Secretary of the Army, and with the Governors of States
in which projects assisted under this paragraph are
located, to ensure that Federal and State assistance
for remediation in areas of concern is used as
efficiently as possible.
``(I) Authorization of appropriations.--
``(i) In general.--In addition to other
amounts authorized under this section, there is
authorized to be appropriated to carry out this
paragraph $50,000,000 for each of fiscal years
2001 through 2005.
``(ii) Availability.--Funds appropriated
under clause (i) shall remain available until
expended.''.
TITLE II--MORATORIUM ON EXPORTS OF BULK FRESH WATER
SEC. 201. FINDINGS.
The Congress finds that--
(1) the waters and water-dependent natural resources of the
Great Lakes Basin are precious public resources, held in trust
by the Great Lakes States and the Canadian provinces of Ontario
and Quebec;
(2) authority over the Great Lakes is vested in the
Governors of the Great Lakes States by the Water Resources
Development Act of 1986;
(3) the Great Lakes Charter of 1985 is a voluntary
international agreement that provides the procedural framework
for notice and consultation by the Great Lakes States and the
Canadian provinces concerning the withdrawal of water from the
Great Lakes Basin;
(4) the Governors of the Great Lakes States, in exercise of
their authority under the Water Resources Development Act of
1986, and the premiers of the Canadian provinces have based
decisions on proposals to withdraw, divert, or use waters from
the Great Lakes Basin on the extent to which such proposals
conserve and protect waters and water-dependent resources of
the Great Lakes Basin;
(5) decisionmaking must remain vested in the Governors of
the Great Lakes States and the premiers of the Canadian
provinces, who currently manage the Great Lakes Basin on a day-
to-day basis;
(6) demand for clean and fresh water is growing around the
world and bulk exports pose a unique challenge to the
management of the Great Lakes; and
(7) the ecological effects of bulk exports of water from
the Great Lakes are unknown.
SEC. 202. MORATORIUM ON EXPORTS OF BULK FRESH WATER.
(a) Moratorium on Exports.--No bulk fresh water from the Great
Lakes Basin may be exported from the United States.
(b) Lifting of Moratorium.--Subsection (a) shall cease to apply on
the earlier of--
(1) December 31, 2001; or
(2) the effective date of an Act of Congress approving an
agreement among the Great Lakes States to implement a mechanism
that provides for a common conservation standard to make
decisions concerning the withdrawal and use of water from the
Great Lakes Basin.
SEC. 203. DEFINITIONS.
As used in this title--
(1) the term ``bulk fresh water'' means fresh water
extracted in amounts intended for transportation by tanker or
similar form of mass transportation, without further
processing;
(2) the term ``Great Lakes Basin'' means the water within
Lakes Erie, Huron, Michigan, Ontario, St. Clair, and Superior,
within interconnecting waterways, within all other watercourses
draining into and between those lakes, and within all tributary
surface and underground channels or areas which drain into or
comprise part of any watershed draining into any of those
lakes; and
(3) the term ``Great Lakes State'' means each of the States
of Illinois, Indiana, Michigan, Minnesota, New York, Ohio,
Pennsylvania, and Wisconsin. | Sets forth limitations on projects.
Requires the non-Federal share of project costs to be at least 35 percent and 100 percent for project operation and maintenance costs. Conditions grants on a grantee achieving a specified maintenance of effort requirement with respect to expenditures from other sources for remediation programs. Requires grant applicants to demonstrate that project remedial actions have been selected only after consideration of specified health and environmental risks, benefits, impacts, implementation likelihood, and costs.
Authorizes appropriations.
Title II: Moratorium on Exports of Bulk Fresh Water
- Prohibits the export from the United States of bulk fresh water from the Great Lakes Basin. Makes such prohibition inapplicable on the earlier of: (1) December 31, 2001; or (2) the effective date of an Act of Congress approving an agreement among the Great Lakes States to implement a mechanism that provides for a common conservation standard to make decisions concerning the withdrawal and use of water from the Basin. Defines "bulk fresh water" as fresh water extracted in amounts intended for transportation by tanker or similar form of mass transportation without further processing. | {"src": "billsum_train", "title": "Great Lakes Protection and Restoration Act of 2000"} | 1,839 | 247 | 0.531471 | 1.612712 | 0.76959 | 4.480952 | 8.028571 | 0.861905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EnergySmart Transport Corridors Act
of 2009''.
SEC. 2. ENERGYSMART TRANSPORT CORRIDORS PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Interstate system.--The term ``Interstate System'' has
the meaning given the term in section 101(a) of title 23,
United States Code.
(3) Program.--The term ``Program'' means the EnergySmart
Transport Corridor program established under subsection (b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator, shall establish an EnergySmart Transport Corridor
program in accordance with this section.
(c) Requirements.--In carrying out the Program, the Secretary shall
coordinate the planning and deployment of measures that will increase
the energy efficiency of the Interstate System and reduce the emission
of greenhouse gases and other environmental pollutants, including by--
(1) increasing the availability and standardization of
anti-idling equipment;
(2) increasing the availability of alternative, low-carbon
transportation fuels;
(3) coordinating and adjusting vehicle weight limits for
both existing and future highways on the Interstate System;
(4) coordinating and expanding intermodal shipment
capabilities;
(5) coordinating and adjusting time of service
restrictions; and
(6) planning and identifying future construction within the
Interstate System.
(d) Designation of Corridors.--
(1) In general.--The Secretary, in consultation with the
Administrator and with the concurrence of the Governors of the
States in which EnergySmart transport corridors are to be
located, and in consultation with the appropriate advisory
committees established under paragraph (3), shall designate
EnergySmart transport corridors in accordance with the
requirements described in subsection (c).
(2) Intermodal facilities and other surface transportation
modes.--In designating EnergySmart transport corridors, the
Secretary may include--
(A) intermodal passenger and freight transfer
facilities, particularly those that use measures to
significantly increase the energy efficiency of the
Interstate System and reduce greenhouse gas emissions
and other environmental pollutants; and
(B) other surface transportation modes.
(3) Advisory committees.--
(A) In general.--The Secretary, in consultation
with the Governors of the States in which EnergySmart
transport corridors are to be located, may establish
advisory committees to assist in the designation of
individual EnergySmart transport corridors.
(B) Membership.--The advisory committees
established under this paragraph shall include
representatives of interests affected by the
designation of EnergySmart transport corridors,
including--
(i) freight and trucking companies;
(ii) vehicle and vehicle equipment
manufacturers and retailers;
(iii) independent owners and operators;
(iv) conventional and alternative fuel
providers; and
(v) local transportation, planning, and
energy agencies.
(e) Priority.--In allocating funds for Federal highway programs,
the Secretary shall give special consideration and priority to projects
and programs that enable deployment and operation of EnergySmart
transport corridors.
(f) Grants.--In carrying out the Program, the Secretary may provide
grants to States to assist in the planning, designation, development,
and maintenance of EnergySmart transport corridors.
(g) Annual Report.--Each fiscal year, the Secretary shall submit to
the appropriate committees of Congress a report describing activities
carried out under the Program during the preceding fiscal year.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2010 through 2015.
SEC. 3. REDUCTION OF ENGINE IDLING.
Section 756(b)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C.
16104(b)(4)(B)) is amended by striking ``for fiscal year 2008'' each
place it appears in clauses (i) and (ii) and inserting ``for each of
fiscal years 2008 through 2015''. | EnergySmart Transport Corridors Act of 2009 - Directs the Secretary of Transportation (DOT) to: (1) establish an EnergySmart Transport Corridor program; and (2) coordinate the planning and deployment of measures, as well as designate EnergySmart transport corridors, to increase the energy efficiency of the Interstate System and reduce the emission of greenhouse gases and other environmental pollutants. Authorizes the Secretary to make grants to states to assist in the development of corridors.
Amends the Energy Policy Act of 2005 to authorize appropriations through FY2015 for the Idle Reduction and Energy Conservation Deployment Program. | {"src": "billsum_train", "title": "A bill to establish EnergySmart transport corridors to promote the planning and development of measures that will increase the energy efficiency of the Interstate System and reduce the emission of greenhouse gases and other environmental pollutants, and for other purposes."} | 925 | 129 | 0.641394 | 1.609986 | 0.659063 | 3.607477 | 7.663551 | 0.897196 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mohegan Nation of Connecticut Land
Claims Settlement Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Mohegan Tribe of Indians of Connecticut received
recognition by the United States pursuant to the administrative
process under part 83 of title 25 of the Code of Federal
Regulations.
(2) The Mohegan Tribe of Indians of Connecticut is the
successor in interest to the aboriginal entity known as the Mohegan
Indian Tribe.
(3) The Mohegan Tribe has existed in the geographic area that
is currently the State of Connecticut for a long period preceding
the colonial period of the history of the United States.
(4) Certain lands were sequestered as tribal lands by the
Colony of Connecticut and subsequently by the State of Connecticut.
(5) The Mohegan Tribe of Indians of Connecticut v. State of
Connecticut, et al. (Civil Action No. H-77-434, pending before the
United States District Court for the Southern District of
Connecticut) relates to the ownership of certain lands within the
State of Connecticut.
(6) Such action will likely result in economic hardships for
residents of the State of Connecticut, including residents of the
town of Montville, Connecticut, by encumbering the title to lands
in the State, including lands that are not currently the subject of
the action.
(7) The State of Connecticut and the Mohegan Tribe have
executed agreements for the purposes of resolving all disputes
between the State of Connecticut and the Mohegan Tribe and
providing a settlement for the action referred to in paragraph (5).
(8) In order to implement the agreements referred to in
paragraphs (5) and (6) of section 3 that address matters of
jurisdiction with respect to certain offenses committed by and
against members of the Mohegan Tribe and other Indians in Indian
country and matters of gaming-related development, it is necessary
for the Congress to enact legislation.
(9) The town of Montville, Connecticut, will--
(A) be affected by the loss of a tax base from, and
jurisdiction over, lands that will be held in trust by the
United States on behalf of the Mohegan Tribe; and
(B) serve as the host community for the gaming operations
of the Mohegan Tribe.
(10) The town of Montville and the Mohegan Tribe have entered
into an agreement to resolve issues extant between them and to
establish the basis for a cooperative government-to-government
relationship.
(b) Purposes.--The purposes of this Act are as follows:
(1) To facilitate the settlement of claims against the State of
Connecticut by the Mohegan Tribe.
(2) To facilitate the removal of any encumbrance to any title
to land in the State of Connecticut that would have resulted from
the action referred to in subsection (a).
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Lands or natural resources.--The term ``lands or natural
resources'' means any real property or natural resources, or any
interest in or right involving any real property or natural
resources, including any right or interest in minerals, timber, or
water, and any hunting or fishing rights.
(2) Mohegan tribe.--The term ``Mohegan Tribe'' means the
Mohegan Tribe of Indians of Connecticut, a tribe of American
Indians recognized by the United States pursuant to part 83 of
title 25, Code of Federal Regulations, and the State of Connecticut
pursuant to section 47-59a(b) of the Connecticut General Statutes.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) State.--The term ``State'' means the State of Connecticut.
(5) State agreement.--The term ``State Agreement'' means the
Agreement between the Mohegan Tribe and the State of Connecticut,
executed on May 17, 1994, by the Governor of the State of
Connecticut and the Chief of the Mohegan Tribe, that was filed with
the Secretary of State of the State of Connecticut.
(6) Town agreement.--The term ``Town Agreement'' means the
agreement executed on June 16, 1994, by the Mayor of the town of
Montville and the Chief of the Mohegan Tribe.
(7) Transfer.--The term ``transfer'' includes any sale, grant,
lease, allotment, partition, or conveyance, any transaction the
purpose of which is to effect a sale, grant, lease, allotment,
partition, or conveyance, or any event that results in a change of
possession or control of land or natural resources.
SEC. 4. ACTION BY SECRETARY.
(a) In General.--The Secretary is authorized to carry out the
duties specified in subsection (b) at such time as the Secretary makes
a determination that--
(1) in accordance with the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.), the State of Connecticut has entered into a
binding compact with the Mohegan Tribe providing for class III
tribal gaming operations (as defined in section 4(8) of such Act
(25 U.S.C. 2703(8)));
(2) the compact has been approved by the Secretary pursuant to
section 11(d)(8) of such Act (25 U.S.C. 2710(d)(8)); and
(3) pursuant to transfers carried out pursuant to the State
Agreement, the United States holds title to lands described in
exhibit B of the State Agreement in trust for the Mohegan Tribe to
be used as the initial Indian reservation of the Mohegan Tribe.
(b) Publication by Secretary.--If the Secretary makes a
determination under subsection (a) that the conditions specified in
paragraphs (1) through (3) of that subsection have been met, the
Secretary shall publish the determination, together with the State
Agreement, in the Federal Register.
(c) Effect of Publication.--
(1) In general.--Upon the publication of the determination and
the State Agreement in the Federal Register pursuant to subsection
(b), a transfer, waiver, release, relinquishment, or other
commitment made by the Mohegan Tribe in accordance with the terms
and conditions of the State Agreement shall be in full force and
effect.
(2) Approval by the united states.--(A) The United States
hereby approves any transfer, waiver, release, relinquishment, or
other commitment carried out pursuant to paragraph (1).
(B) A transfer made pursuant to paragraph (1) shall be deemed
to have been made in accordance with all provisions of Federal law
that specifically apply to transfers of lands or natural resources
from, by, or on behalf of an Indian, Indian nation, or tribe of
Indians (including the Act popularly known as the ``Trade and
Intercourse Act of 1790''; section 4 of the Act of July 22, 1790 (1
Stat. 137, chapter 33)). The approval of the United States made
pursuant to subparagraph (A) shall apply to the transfer beginning
on the date of the transfer.
(d) Extinguishment of Claims.--
(1) In general.--Subject to subsections (f)(2) and (g), the
following claims are hereby extinguished:
(A) Any claim to land within the State of Connecticut based
upon aboriginal title by the Mohegan Tribe.
(B) Any other claim that the Mohegan Tribe may have with
respect to any public or private lands or natural resources in
Connecticut, including any claim or right based on recognized
title, including--
(i) any claim that the Mohegan Tribe may have to the
tribal sequestered lands bounded out to the Tribe in 1684,
consisting of some 20,480 acres lying between the Thames
River, New London bounds, Norwich bounds, and Colchester
bounds;
(ii) any claim that the Mohegan Tribe may have based on
a survey conducted under the authority of the Connecticut
General Assembly in 1736 of lands reserved and sequestered
by the General Assembly for the sole use and improvement of
the Mohegan Indian Tribe; and
(iii) any claim that the Mohegan Tribe may have based
on any action by the State carried out in 1860 or 1861 or
otherwise made by the State to allot, reallot, or confirm
any lands of the Mohegan Tribe to individual Indians or
other persons.
(2) Approval by the united states.--An extinguishment made
pursuant to this subsection shall be deemed to have been made in
accordance with all provisions of Federal law that specifically
apply to transfers of lands or natural resources from, by, or on
behalf of an Indian, Indian nation, or tribe of Indians (including
the Act popularly known as the ``Trade and Intercourse Act of
1790''; section 4 of the Act of July 22, 1790 (1 Stat. 137, chapter
33)).
(e) Transfers.--Subject to subsection (g), any transfer of lands or
natural resources located within the State of Connecticut, including
any such transfer made pursuant to any applicable Federal or State law
(including any applicable treaty), made by, from, or on behalf of the
Mohegan Tribe or any predecessor or successor in interest of the
Mohegan Tribe shall be deemed to be in full force and effect, as
provided in subsection (c)(1).
(f) Limitation.--
(1) In general.--Except as provided in paragraph (2) and
subject to subsection (g), by virtue of the approval by the United
States under this section of a transfer of land or the
extinguishment of aboriginal title, any claim by the Mohegan Tribe
against the United States, any State or political subdivision of a
State, or any other person or entity, by the Mohegan Tribe, that--
(A) arises after the transfer or extinguishment is carried
out; and
(B) is based on any interest in or right involving any
claim to lands or natural resources described in this section,
including claims for trespass damages or claims for use and
occupancy,
shall, beginning on the date of the transfer of land or the
extinguishment of aboriginal title, be considered an extinguished
claim.
(2) Exception.--The limitation under paragraph (1) shall not
apply to any interest in lands or natural resources that is
lawfully acquired by the Mohegan Tribe or a member of the Mohegan
Tribe after the applicable date specified in paragraph (1).
(g) Statutory Construction.--
(1) Aboriginal interests.--Nothing in this section may be
construed to extinguish any aboriginal right, title, interest, or
claim to lands or natural resources, to the extent that such right,
title, interest, or claim is an excepted interest, as defined under
section 1(a) of the State Agreement.
(2) Personal claims.--Nothing in this section may be construed
to offset or eliminate the personal claim of any individual Indian
if the individual Indian pursues such claim under any law of
general applicability.
SEC. 5. CONVEYANCE OF LANDS TO THE UNITED STATES TO BE HELD IN TRUST
FOR THE MOHEGAN TRIBE.
(a) In General.--Subject to the environmental requirements that
apply to land acquisitions covered under part 151 of title 25, Code of
Federal Regulations (or any subsequent similar regulation), the
Secretary shall take such action as may be necessary to facilitate the
conveyance to the United States of title to lands described in exhibits
A and B of the State Agreement. Such lands shall be held by the United
States in trust for the use and benefit of the Mohegan Tribe as the
initial Indian reservation of the Mohegan Tribe.
(b) Consultation.--
(1) In general.--The Secretary shall consult with the
appropriate official of the town of Montville concerning any tract
of land subject to exhibit B of the State Agreement but not
specifically identified in such exhibit with respect to the impact
on the town resulting from--
(A) the removal of the land from taxation by the town;
(B) problems concerning the determination of jurisdiction;
and
(C) potential land use conflicts.
(2) Statutory construction.--Nothing in this Act may affect the
right of the town of Montville to participate, under any applicable
law, in decisionmaking processes concerning the acquisition of any
lands by the Federal Government to be held in trust for the Mohegan
Tribe.
SEC. 6. CONSENT OF UNITED STATES TO STATE ASSUMPTION OF CRIMINAL
JURISDICTION.
(a) In General.--Subject to subsection (b), the consent of the
United States is hereby given to the assumption of jurisdiction by the
State of Connecticut over criminal offenses committed by or against
Indians on the reservation of the Mohegan Tribe. The State shall have
such jurisdiction to the same extent as the State has jurisdiction over
such offenses committed elsewhere within the State. The criminal laws
of the State shall have the same force within such reservation and
Indian country as such laws have elsewhere within the State.
(b) Statutory Construction.--
(1) Effect on concurrent jurisdiction of the mohegan tribe.--
The assumption of criminal jurisdiction by the State pursuant to
subsection (a) shall not affect the concurrent jurisdiction of the
Mohegan Tribe over matters concerning such criminal offenses.
(2) Statutory construction.--The assumption of criminal
jurisdiction by the State pursuant to subsection (a) shall not be
construed as a waiver of the jurisdiction of the United States
under section 1153 of title 18, United States Code.
SEC. 7. RATIFICATION OF TOWN AGREEMENT.
(a) In General.--Notwithstanding any other provision of law, the
consent of the United States is hereby given to the Town Agreement and
the Town Agreement shall be in full force and effect.
(b) Approval of Town Agreement.--The Secretary shall approve any
subsequent amendments made to the Town Agreement after the date of
enactment of this Act that are--
(1) mutually agreed on by the parties to the Town Agreement;
and
(2) consistent with applicable law.
SEC. 8. GENERAL DISCHARGE AND RELEASE OF OBLIGATIONS OF STATE OF
CONNECTICUT.
Except as expressly provided in this Act, the State Agreement, or
the Town Agreement, this Act shall constitute a general discharge and
release of all obligations of the State of Connecticut and the
political subdivisions, agencies, departments, officers, or employees
of the State of Connecticut arising from any treaty or agreement with,
or on behalf of, the Mohegan Tribe or the United States as trustee for
the Mohegan Tribe.
SEC. 9. EFFECT OF REVOCATION OF STATE AGREEMENT.
(a) In General.--If, during the 15-year period beginning on the
date on which the Secretary publishes a determination pursuant to
section 4(b), the State Agreement is invalidated by a court of
competent jurisdiction, or if the gaming compact described in section
4(a)(1) or any agreement between the State of Connecticut and the
Mohegan Tribe to implement the compact is invalidated by a court of
competent jurisdiction--
(1) the transfers, waivers, releases, relinquishments, and
other commitments made by the Mohegan Tribe under section 1(a) of
the State Agreement shall cease to be of any force or effect;
(2) section 4 of this Act shall not apply to the lands or
interests in lands or natural resources of the Mohegan Tribe or any
of its members, and the title to the lands or interests in lands or
natural resources shall be determined as if such section were never
enacted; and
(3) the approval by the United States of prior transfers and
the extinguishment of claims and aboriginal title of the Mohegan
Tribe otherwise made under section 4 shall be void.
(b) Right of Mohegan Tribe To Reinstate Claim.--
(1) In general.--If a State Agreement or compact or agreement
described in subsection (a) is invalidated by a court of competent
jurisdiction, the Mohegan Tribe or its members shall have the right
to reinstate a claim to lands or interests in lands or natural
resources to which the Tribe or members are entitled as a result of
the invalidation, within a reasonable time, but not later than the
later of--
(A) 180 days after the Mohegan Tribe receives written
notice of such determination of an invalidation described in
subsection (a); or
(B) if the determination of the invalidation is subject to
an appeal, 180 days after the court of last resort enters a
judgment.
(2) Defenses.--Notwithstanding any other provision of law, if a
party to an action described in paragraph (1) reinstates the action
during the period described in paragraph (1)(B)--
(A) no defense, such as laches, statute of limitations, law
of the case, res judicata, or prior disposition may be asserted
based on the withdrawal of the action and reinstatement of the
action; and
(B) the substance of any discussions leading to the State
Agreement may not be admissible in any subsequent litigation,
except that, if any such action is reinstated, any defense that
would have been available to the State of Connecticut at the
time the action was withdrawn--
(i) may be asserted; and
(ii) is not waived by anything in the State Agreement
or by subsequent events occurring between the withdrawal
action and commencement of the reinstated action.
SEC. 10. JUDICIAL REVIEW.
(a) Jurisdiction.--Notwithstanding any other provision of law,
during the period beginning on the date of enactment of this Act and
ending on the date that is 180 days after such date, the United States
District Court for the Southern District of Connecticut shall have
exclusive jurisdiction over any action to contest the constitutionality
of this Act or the validity of any agreement entered into under the
authority of this Act or approved by this Act.
(b) Deadline for Filing.--Effective with the termination of the
period specified in subsection (a), no court shall have jurisdiction
over any action to contest the constitutionality of this Act or the
validity of any agreement entered into under the authority of this Act
or approved by this Act, unless such action was filed prior to the date
of termination of the period specified in subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Mohegan Nation of Connecticut Land Claims Settlement Act of 1994 - Provides for the settlement of land claims between the Mohegan Tribe and the State of Connecticut and its subdivisions.
Ratifies the Agreement between the Tribe and the Town of Montville.
Authorizes the Secretary of the Interior to take and hold certain lands in trust for the Mohegan Tribe as its initial reservation upon satisfaction of certain environmental requirements.
Extends Connecticut criminal jurisdiction over the Mohegan Reservation. | {"src": "billsum_train", "title": "Mohegan Nation of Connecticut Land Claims Settlement Act of 1994"} | 4,115 | 105 | 0.637825 | 1.604227 | 0.76897 | 3.166667 | 43.833333 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Jobs for Veterans Act of
2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Customs and Border Protection officers at United States
ports of entry carry out critical law enforcement duties associated
with screening foreign visitors, returning United States citizens,
and imported cargo entering the United States.
(2) It is in the national interest for United States ports of
entry to be adequately staffed with Customs and Border Protection
officers in a timely fashion, including meeting the congressionally
funded staffing target of 23,775 officers for fiscal year 2015.
(3) An estimated 250,000 to 300,000 members of the Armed Forces
separate from military service every year.
(4) Recruiting efforts and expedited hiring procedures must be
enhanced to ensure that individuals separating from military
service are aware of, and partake in, opportunities to fill vacant
Customs and Border Protection officer positions.
SEC. 3. EXPEDITED HIRING OF APPROPRIATE SEPARATING SERVICE MEMBERS.
The Secretary of Homeland Security shall consider the expedited
hiring of qualified candidates who have the ability to perform the
essential functions of the position of a Customs and Border Protection
officer and who are eligible for a veterans recruitment appointment
authorized under section 4214 of title 38, United States Code.
SEC. 4. ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS
SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER PROTECTION
OFFICER VACANCIES.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of Defense, and acting through existing
programs, authorities, and agreements, where applicable, shall enhance
the efforts of the Department of Homeland Security to recruit members
of the Armed Forces who are separating from military service to serve
as Customs and Border Protection officers.
(b) Elements.--The enhanced recruiting efforts under subsection (a)
shall--
(1) include Customs and Border Protection officer opportunities
in relevant job assistance efforts under the Transition Assistance
Program;
(2) place U.S. Customs and Border Protection officials or other
relevant Department of Homeland Security officials at recruiting
events and jobs fairs involving members of the Armed Forces who are
separating from military service;
(3) provide opportunities for local U.S. Customs and Border
Protection field offices to partner with military bases in the
region;
(4) include outreach efforts to educate members of the Armed
Forces with Military Occupational Specialty Codes and Officer
Branches, Air Force Specialty Codes, Naval Enlisted Classifications
and Officer Designators, and Coast Guard competencies that are
transferable to the requirements, qualifications, and duties
assigned to Customs and Border Protection officers of available
hiring opportunities to become Customs and Border Protection
officers;
(5) identify shared activities and opportunities for
reciprocity related to steps in hiring Customs and Border
Protection officers with the goal of minimizing the time required
to hire qualified applicants;
(6) ensure the streamlined interagency transfer of relevant
background investigations and security clearances; and
(7) include such other elements as may be necessary to ensure
that members of the Armed Forces who are separating from military
service are aware of opportunities to fill vacant Customs and
Border Protection officer positions.
SEC. 5. REPORT TO CONGRESS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and by December 31 of each of the next 3 years
thereafter, the Secretary of Homeland Security, in consultation with
the Secretary of Defense, shall submit a report to the Committee on
Homeland Security and the Committee on Armed Services of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of the Senate that includes
a description and assessment of the efforts of the Department of
Homeland Security to hire members of the Armed Forces who are
separating from military service as Customs and Border Protection
officers under section 4.
(b) Content.--The report required under subsection (a) shall
include--
(1) a detailed description of the efforts to implement section
4, including--
(A) elements of the enhanced recruiting efforts and the
goals associated with such elements; and
(B) a description of how the elements and goals referred to
in subparagraph (A) will assist in meeting statutorily mandated
staffing levels and agency hiring benchmarks;
(2) a detailed description of the efforts that have been
undertaken under section 4;
(3) the estimated number of separating service members made
aware of Customs and Border Protection officer vacancies;
(4) the number of Customs and Border Protection officer
vacancies filled with separating service members; and
(5) the number of Customs and Border Protection officer
vacancies filled with separating service members under Veterans
Recruitment Appointment authorized under section 4214 of title 38,
United States Code.
SEC. 6. RULES OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) as superseding, altering, or amending existing Federal
veterans' hiring preferences or Federal hiring authorities; or
(2) to authorize the appropriation of additional amounts to
carry out this Act.
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 passed by the House on September 28, 2015. Border Jobs for Veterans Act of 2015 (Sec. 3) Directs the Department of Homeland Security (DHS) to consider the expedited hiring of qualified candidates who have the ability to perform the essential functions of the position of a Customs and Border Protection (CBP) officer and who are eligible for a veterans recruitment appointment. (Sec. 4) Requires DHS to enhance DHS efforts to recruit members of the Armed Forces who are separating from military service to serve as CBP officers. Requires such enhanced recruiting efforts to: include CBP officer opportunities in relevant job assistance efforts under the Transition Assistance Program; place CBP officials or other relevant DHS officials at recruiting events and jobs fairs involving separating members of the Armed Forces; provide opportunities for local CBP field offices to partner with military bases in the region; include outreach efforts to educate members of the Armed Forces with qualifications that are transferable to CBP officer requirements; identify shared activities and opportunities for reciprocity related to steps in hiring CBP officers with the goal of minimizing the time required to hire qualified applicants; ensure the streamlined interagency transfer of relevant background investigations and security clearances; and include other elements to ensure that separating members of the Armed Forces are aware of opportunities to fill vacant CBP officer positions. (Sec. 5) Directs DHS to report to Congress on DHS efforts to hire members of the Armed Forces who are separating from military service as CBP officers. | {"src": "billsum_train", "title": "Border Jobs for Veterans Act of 2015"} | 1,129 | 341 | 0.660922 | 2.073675 | 0.849444 | 5.023729 | 3.572881 | 0.874576 |
SECTION 1. ESTATE TAX VALUATION OF CERTAIN HISTORIC PROPERTY.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2032A the following new section:
``SEC. 2032B. VALUATION OF CERTAIN HISTORIC PROPERTY.
``(a) Value Based on Net Earnings of Historic Property.--If--
``(1) the decedent was (at the time of his death) a citizen
or resident of the United States, and
``(2) the executor executes an agreement which meets the
requirements of subsection (c),
then, for the purposes of this chapter, the value of qualified historic
property shall be based on the net earnings (as defined in subsection
(b)(3)) derived from such property.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified historic property.--The term `qualified
historic property' means--
``(A) any building (and its structural
components)--
``(i) which is designated as a National
Historic Landmark under section 101 of the
National Historic Preservation Act at the time
of the decedent's death and for a continuous
period of at least 25 years prior to the
decedent's death, and
``(ii) which was originally used for
residential or farming purposes,
``(B) any other real property to the extent
reasonably necessary for ingress, egress, public
enjoyment, and visitation of the property described in
subparagraph (A) (but not including any real property
used primarily for the sale, production, or
manufacturing of products or for lodging purposes), and
``(C) personal property included within, or
associated with, property described in subparagraph (A)
or (B) if such personal property--
``(i) is held by the decedent holding such
building,
``(ii) has been so included within, or
associated with, such property so described
throughout the 25-year period ending on the
date of the decedent's death, and
``(iii) is covered by the agreement
referred to in subsection (a)(2) which covers
such building,
owned by the decedent throughout the 25-year period ending on
the date of the decedent's death.
``(2) Treatment of historic property held by a
corporation.--In the case of a corporation all of the stock in
which was held on the date of the decedent's death by the
decedent or members of the decedent's family (as defined in
section 2032A(e)(2))--
``(A) stock in such corporation shall be treated
for purposes of this section as qualified historic
property to the extent that the value of such stock is
attributable to qualified historic property held by
such corporation, but
``(B) the requirements of subsection (c) shall be
met only if each member of the decedent's family
holding such stock on such date signs the agreement
referred to in subsection (a)(2).
``(3) Net earnings.--The term `net earnings' means income
derived from qualified historic property (determined without
regard to any interest, depreciation, or tax expense) times 7.
``(4) Determination of time periods.--In determining the
period for which the decedent has held any property or stock,
there shall be included the period for which such property or
stock was held by members of the decedent's family (as defined
in section 2032A(e)(2)).
``(c) Requirements for Agreement.--
``(1) In general.--For purposes of subsection (a)(2), an
agreement meets the requirements of this subsection if--
``(A) such agreement is a written agreement signed
by each person in being who has an interest (whether or
not in possession) in the building described in
subsection (b)(1)(A),
``(B) such agreement provides that the only
activities carried on at such building are activities
which are substantially related (aside from the need
for income or funds or the use made of the profits
derived) to--
``(i) the public visitation of such
building and the property described in
subsection (b)(1)(B) with respect to such
property), and
``(ii) the maintenance and preservation of
such building and property for such public
visitation, and
``(C) such agreement provides that such building
will be open to the public for a period of at least 25
years beginning on the date on which the return of the
tax imposed by this chapter is filed.
``(2) Open to the public.--For the purposes of paragraph
(1)(C)--
``(A) a property shall be treated as being open to
the public for any year if--
``(i) a substantial portion of the property
is open for public visitation for at least 8
hours per day and 6 days per week during at
least any 40 weeks of such year,
``(ii) the executor notifies the State
historic agency that the property is open and
available for public visitation,
``(iii) public access to the property is
achievable without undue and deliberate
difficulty or cost purposely intended to
discourage the visitation of the property,
``(iv) 1 or more of the signatories to the
agreement or professional or trained volunteer
staff representing such signatories are
available to facilitate the visitation of the
property through at least 2 methods and
practices common to the tourism industry,
including telephone, website, mailing address,
or ticket booth, and
``(v) there is an ongoing effort to ensure
the general public is aware that the property
is available for visitation, and
``(B) the 25-year period referred to in such
paragraph shall be suspended during reasonable periods
of renovation.
Communication under subparagraph (A)(v) shall not necessarily
require expenditure of monies for advertising, but should
include periodic contact with groups such as State and local
historic agencies and tourism boards.
``(d) Tax Treatment of Dispositions and Failure To Comply With
Agreement.--
``(1) Imposition of additional estate tax.--If, during the
25-year period referred to in subsection (c)(1)(C)--
``(A) any person signing the written agreement
referred to in subsection (a)(2) disposes of any
interest in the building subject to such agreement, or
``(B) there is a violation of any provision of such
agreement (as determined under regulations prescribed
by the Secretary),
then there is hereby imposed an additional estate tax.
``(2) Exception for certain transferees who agree to be
bound by agreement.--No tax shall be imposed under paragraph
(1) by reason of any disposition if the person acquiring such
interest--
``(A) is a qualified organization (as defined in
section 170 (b)(1)(A)) or is a member of the family (as
defined in section 2032A(e)(2)) of the person disposing
of such interest, and
``(B) agrees to be bound by the agreement referred
to in subsection (a)(2) and to be liable for any tax
under this subsection in the same manner as the person
disposing of such interest.
``(3) Amount of additional tax.--The amount of the
additional tax imposed by paragraph (1) with respect to any
property shall be an amount equal to the excess of--
``(A) what would (but for subsection (a)) have been
the tax imposed by section 2001 (reduced by the credits
allowable), over
``(B) the tax imposed by section 2001 (as so
reduced).
``(4) Due date.--The additional tax imposed by this
subsection shall be due and payable on the day which is 9
months after the date of the disposition or violation referred
to in paragraph (1).
``(5) Liability for tax.--Any person signing the agreement
referred to in subsection (a)(2) (other than the executor)
shall be personally liable for the additional tax imposed by
this subsection. If more than 1 person is liable under this
subsection, all such persons shall be jointly and severally
liable.
``(6) Certain other rules to apply.--Rules similar to the
rules of sections 1016(c), 2013(f), and 2032A(f) shall apply
for purposes of this subsection.''.
(b) Coordination With Gift Tax.--Section 2512 of the Internal
Revenue Code of 1986 (relating to valuation of gifts) is amended by
adding at the end the following new subsection:
``(c) For the purposes of this chapter, the value of qualified
historic property (as defined in section 2032B(b)(1)) transferred for
less than an adequate and full consideration shall be valued under
section 2032B.''.
(c) Technical Amendments.--
(1) Subparagraph (A) of section 2056A(b)(10) of the
Internal Revenue Code of 1986 is amended by inserting
``2032B,'' after ``2032A,''.
(2) The table of sections for part III of subchapter A of
chapter 11 of such Code is amended by inserting after the item
relating to section 2032A the following new item:
``Sec. 2032B. Valuation of certain historic property.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to the estates of decedents dying after the date of
the enactment of this Act. Notwithstanding the preceding sentence, for
the purposes of section 901 of the Economic Growth and Tax
Reconciliation Act of 2001, the amendments made by this section shall
be treated as being enacted before the date of the enactment of such
Act. | Amends the Internal Revenue Code to allow decedent estates to base the value of qualified historic property on the net earnings of such property for estate and gift tax purposes. Defines "qualified historic property" as any building designated as a national historic landmark for at least 25 years prior to the death of a decedent and originally used for residential or farming purposes. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide that the value of certain historic property shall be determined using an income approach in determining the taxable estate of a decedent."} | 2,167 | 77 | 0.575698 | 1.433981 | 0.862167 | 2.522388 | 29.835821 | 0.910448 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Health Record Incentives
for Multi-Campus Hospitals Act of 2010''.
SEC. 2. CLARIFICATION OF INCENTIVES FOR MULTI-CAMPUS HOSPITALS FOR
ADOPTION AND MEANINGFUL USE OF CERTIFIED ELECTRONIC
HEALTH RECORDS.
(a) Special Rule for Applying Medicare EHR Incentive Payments to
Remote Inpatient Locations of a Hospital.--Section 1886(n) of the
Social Security Act (42 U.S.C. 1395ww(n)) is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(H) Special rule for remote inpatient locations
of a hospital.--
``(i) In general.--In the case of an
eligible hospital that consists of a qualified
main provider and one or more qualified remote
inpatient locations, the hospital may elect (in
such form and manner as specified by the
Secretary) for all applicable payment years
to--
``(I) substitute the base amount
alternative described in clause (ii)
for the base amount described in
subparagraph (A)(i)(I); or
``(II) substitute the discharge
related amount alternative described in
clause (iii) for the discharge related
amount described in subparagraph
(A)(i)(II).
The election described in the previous
sentence, with respect to an eligible hospital,
shall be made once for such hospital and shall
apply to such hospital for all applicable
payment years.
``(ii) Base amount alternative.--The base
amount alternative described in this clause
with respect to an eligible hospital is the
product of--
``(I) the base amount specified in
subparagraph (B); and
``(II) the total number of all
qualified component facilities of the
hospital.
An election to substitute the base amount
alternative described in this clause shall not
affect the computation of the discharge related
amount specified in subparagraph (C) for the
eligible hospital.
``(iii) Discharge related amount
alternative.--The discharge related amount
alternative described in this clause with
respect to an eligible hospital for a 12-month
period is determined as follows:
``(I) First, compute the amount
under subparagraph (C) as if the phrase
`estimated based upon total discharges
for the eligible hospital (regardless
of any source of payment) for the
period divided by the total number of
all component facilities of the
hospital' were substituted for the
phrase `estimated based upon total
discharges for the eligible hospital
(regardless of any source of payment)
for the period'.
``(II) Then multiply the amount
computed under subclause (I) by the
total number of all qualified component
facilities of such hospital.
``(iv) Definitions.--For purposes of this
subsection:
``(I) Applicable payment year.--The
term `applicable payment year' means
the first payment year for which a
hospital makes an election described in
clause (i) and each subsequent payment
year applicable to such hospital.
``(II) Component facility;
qualified component facility.--The term
`component facility' means, with
respect to an eligible hospital, the
main provider or any remote inpatient
location of such hospital. The term
`qualified component facility' means,
with respect to a main provider, a
qualified main provider and, with
respect to a remote inpatient location,
a qualified remote inpatient location.
``(III) Main provider; qualified
main provider.--The term `main
provider', with respect to an eligible
hospital, has the meaning given such
term in section 413.65(a)(2) of title
42, Code of Federal Regulations. The
term `qualified main provider' means a
main provider that is a meaningful EHR
user for the reporting period involved.
``(IV) Remote inpatient location;
qualified remote inpatient location.--
The term `remote inpatient location'
means, with respect to an eligible
hospital, a remote location of a
hospital, as defined in and applied
under section 413.65 of title 42, Code
of Federal Regulations, that provides
inpatient hospital services that are
paid for under subsection (d). The term
`qualified remote inpatient location'
means, with respect to an eligible
hospital, a location for which the
eligible hospital has submitted to the
Secretary, for the reporting period
involved, an attestation (in such form
and manner as specified by the
Secretary) that certifies that the
location is a remote inpatient location
and a meaningful EHR user for such
period.''; and
(2) in paragraph (4)(A)--
(A) at the end of clause (ii), by striking ``and'';
(B) at the end of clause (iii), by striking the
period and inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(iv) the methodology and standards for
determining a remote inpatient location, a
qualified remote inpatient location, a
component facility, a qualified component
facility, a main provider, and a qualified main
provider, as such terms are defined in
paragraph (2)(H)(iv), and which such locations,
facilities, and providers are qualified remote
inpatient locations, qualified component
facilities, and qualified main providers, as
such terms are defined in such paragraph; and
``(v) the methodology and standards for the
election described in paragraph (2)(H).''.
(b) Implementation and Administration.--
(1) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
by program instruction or otherwise this section.
(2) Administration.--Chapter 35 of title 44, United States
Code, shall not apply to the collection of information to carry
out the amendments made by this section.
(c) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
SEC. 3. CLARIFICATION FOR MEDICAID EHR PAYMENT INCENTIVES.
(a) In General.--Section 1903(t)(5) of the Social Security Act (42
U.S.C. 1396b(t)(5)) is amended--
(1) by adding at the end the following new subparagraph:
``(E) For purposes of determining the applicable amounts specified
in subparagraph (A) of section 1886(n)(2), as applied by the first
sentence of subparagraph (B)--
``(i) the provisions of subparagraph (H) of such section
shall apply to a Medicaid provider described in paragraph
(2)(B) consisting of a qualified main provider and one or more
qualified remote inpatient locations (as such terms are defined
in clause (iv) of such subparagraph (H)) in the same manner and
to the same extent that such subparagraph applies to an
eligible hospital described in clause (i) of such subparagraph,
except that--
``(I) in applying the second sentence of clause
(iv)(IV) of such subparagraph, with respect to a
Medicaid provider described in paragraph (2)(B), in
lieu of certifying that a remote inpatient location is
a meaningful EHR user, the Medicaid provider shall
certify that the remote inpatient location is described
in paragraph (2)(B) and is in compliance with paragraph
(6)(C) of this subsection for the year of payment
involved; and
``(II) the first sentence of clause (iv)(IV) of
such subparagraph shall be applied in the case of a
Medicaid provider described in paragraph (2)(B)(i)
without regard to the requirement that inpatient
hospital services provided are paid for under section
1886(d); and
``(ii) an election made under subparagraph (H) of such
section by an eligible hospital described in clause (i) of such
subparagraph that is a Medicaid provider described in paragraph
(2)(B), shall apply.
The Secretary may make appropriate adjustments to the overall hospital
EHR amount under subparagraph (B), with respect to a Medicaid provider
described in paragraph (2)(B), to take into account the provisions of
this subparagraph.''; and
(2) in the first sentence of subparagraph (B), by inserting
``and subject to subparagraph (E)'' after ``For purposes of
this paragraph''.
(b) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5). | Electronic Health Record Incentives for Multi-Campus Hospitals Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to payments to hospitals for inpatient hospital services, to prescribe a special rule for applying Medicare electronic health record (EHR) incentive payments, at the election of a qualified main hospital, to its remote inpatient locations.
Prohibits administrative or judicial review of: (1) the methodology and standards for determining a remote inpatient location, a qualified remote inpatient location, a component facility, a qualified component facility, a main provider, and a qualified main provider, and which such locations, facilities, and providers are qualified; and (2) the methodology and standards for the election in connection with such special rule.
Amends SSA title XIX (Medicaid) to set forth a special rule for applying Medicaid EHR incentive payments, at the election of a qualified main hospital, to its remote locations. | {"src": "billsum_train", "title": "To amend titles XVIII and XIX of the Social Security Act to clarify the application of EHR payment incentives in cases of multi-campus hospitals."} | 1,947 | 216 | 0.585698 | 1.586194 | 0.74949 | 3.830601 | 9.508197 | 0.912568 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preserving Access
to Healthcare (PATH) Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Temporary non-application of Medicare phased-out indirect
medical education adjustment factor.
Sec. 3. Delay in implementation of Medicaid outpatient hospital
services regulation.
Sec. 4. Delay in phase out of the Medicare hospice budget neutrality
adjustment factor.
Sec. 5. Treatment of certain Medicaid family demonstration project.
Sec. 6. Delay in implementation of certain provisions relating to
Medicare rural health clinics and federally
qualified health centers.
Sec. 7. Mandatory State use of National Correct Coding Initiative.
Sec. 8. Medicaid Improvement Fund technical correction.
Sec. 9. Funding for the Medicare Improvement Fund.
SEC. 2. TEMPORARY NON-APPLICATION OF MEDICARE PHASED-OUT INDIRECT
MEDICAL EDUCATION ADJUSTMENT FACTOR.
(a) In General.--Notwithstanding any other provision of law, during
the period beginning on October 1, 2008, and ending on March 31, 2009,
section 412.322 of title 42, Code of Federal Regulations, shall be
applied without regard to paragraph (c) of such section.
(b) No Effect on Subsequent Periods.--Nothing in subsection (a)
shall be construed as having any effect on the application of section
412.322 of title 42, Code of Federal Regulations, after March 31, 2009.
SEC. 3. DELAY IN IMPLEMENTATION OF MEDICAID OUTPATIENT HOSPITAL
SERVICES REGULATION.
Notwithstanding any other provision of law, during the 6-month
period that begins on the date of enactment of this Act, the Secretary
of Health and Human Services shall not finalize or otherwise implement
provisions contained in the proposed rule published on September 28,
2007, on pages 55158 through 55166 of volume 72, Federal Register
(relating to parts 440 and 447 of title 42, Code of Federal
Regulations).
SEC. 4. DELAY IN PHASE OUT OF THE MEDICARE HOSPICE BUDGET NEUTRALITY
ADJUSTMENT FACTOR.
Notwithstanding any other provision of law, including the
provisions contained in the final rule published on August 8, 2008, on
pages 46464 through 46522 of volume 73, Federal Register (relating to
part 418 of title 42, Code of Federal Regulations), the Secretary of
Health and Human Services shall not phase out or eliminate the budget
neutrality adjustment factor in the Medicare hospice wage index prior
to April 1, 2009.
SEC. 5. TREATMENT OF CERTAIN MEDICAID FAMILY DEMONSTRATION PROJECT.
The Secretary of Health and Human Services, acting through the
Administer of the Centers for Medicare & Medicaid Services and upon the
request of the State of California, shall extend approval, and full
Federal financial participation, of the State's Medicaid family
planning demonstration project, which was approved under a waiver
pursuant to section 1115 of the Social Security Act, until June 30,
2009, under the eligibility requirements and processes that were in
place for such project as of the date before the first extension period
for such project.
SEC. 6. DELAY IN IMPLEMENTATION OF CERTAIN PROVISIONS RELATING TO
MEDICARE RURAL HEALTH CLINICS AND FEDERALLY QUALIFIED
HEALTH CENTERS.
Notwithstanding any other provision of law, the Secretary of Health
and Human Services shall not, prior to April 1, 2009, take any action
(through promulgation of regulation, issuance of regulatory guidance,
or other administrative action) to--
(1) finalize or otherwise implement provisions contained in
the proposed rule published on June 27, 2008, on pages 36696
through 36719 of volume 73, Federal Register, that relate to--
(A) decertifying rural health clinics under the
Medicare program under title XVIII of the Social
Security Act that are determined to no longer be in
nonurbanized areas; and
(B) changes in the payment methodology for rural
health clinics and federally qualified health centers
under the Medicare program as described in sections
405.2410 and 405.2466(b)(1)(iii) of title 42, Code of
Federal Regulations; or
(2) promulgate or implement any rule or provisions similar
to the provisions described in paragraph (1).
SEC. 7. MANDATORY STATE USE OF NATIONAL CORRECT CODING INITIATIVE.
(a) In General.--Section 1903(r) of the Social Security Act (42
U.S.C. 1396b(r)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by adding ``and'' after the
semicolon; and
(C) by adding at the end the following new clause:
``(iv) effective for claims filed on or
after October 1, 2009, incorporate compatible
methodologies of the National Correct Coding
Initiative administered by the Secretary (or
any successor initiative to promote correct
coding and to control improper coding leading
to inappropriate payment) and such other
methodologies of that Initiative (or such other
national correct coding methodologies) as the
Secretary identifies in accordance with
paragraph (3);''; and
(2) by adding at the end the following new paragraph:
``(3) Not later than September 1, 2009, the Secretary shall do the
following:
``(A) Identify those methodologies of the National Correct
Coding Initiative administered by the Secretary (or any
successor initiative to promote correct coding and to control
improper coding leading to inappropriate payment) which are
compatible to claims filed under this title.
``(B) Identify those methodologies of such Initiative (or
such other national correct coding methodologies) that should
be incorporated into claims filed under this title with respect
to items or services for which States provide medical
assistance under this title and no national correct coding
methodologies have been established under such Initiative with
respect to title XVIII.
``(C) Notify States of--
``(i) the methodologies identified under
subparagraphs (A) and (B) (and of any other national
correct coding methodologies identified under
subparagraph (B)); and
``(ii) how States are to incorporate such
methodologies into claims filed under this title.
``(D) Submit a report to Congress that includes the notice
to States under subparagraph (C) and an analysis supporting the
identification of the methodologies made under subparagraphs
(A) and (B).''.
(b) Extension for State Law Amendment.--In the case of a State plan
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
which the Secretary of Health and Human Services determines requires
State legislation in order for the plan to meet the additional
requirements imposed by the amendment made by subsection (a)(1)(C), 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 the session is
considered to be a separate regular session of the State legislature.
SEC. 8. MEDICAID IMPROVEMENT FUND TECHNICAL CORRECTION.
(a) In General.--Section 1941(b)(1)(B) of the Social Security Act,
as added by section 7002(b) of the Supplemental Appropriations Act,
2008, is amended by inserting ``each of'' after ``for''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Supplemental
Appropriations Act, 2008 (Public Law 110-252).
SEC. 9. FUNDING FOR THE MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act, as added by section
7002(a) of the Supplemental Appropriations Act, 2008 (Public Law 110-
252) and as amended by section 188(a)(2) of the Medicare Improvements
for Patients and Providers Act of 2008 (Public Law 110-275) and by
section 6 of the QI Program Supplemental Funding Act of 2008, is
amended by striking ``$2,290,000,000'' and inserting
``$2,590,000,000''. | Preserving Access to Healthcare (PATH) Act of 2008 - Declares that between October 1, 2008, and March 31, 2009, specified regulations regarding the formula for determining the federal rate for inpatient hospital capital-related costs under the Medicare prospective payment system (PPS) shall apply without the mandatory phase out of the indirect medical education adjustment factor.
Directs the Secretary of Health and Human Services to delay for six months following enactment of this Act any implementation of the Medicaid outpatient hospital services regulation proposed on September 28, 2007.
Prohibits the Secretary from phasing out or eliminating the Medicare hospice wage index budget neutrality adjustment factor before April 1, 2009.
Directs the Secretary, acting through the Administrator of the Centers for Medicare and Medicaid Services and upon the request of the state of California, to extend approval, and full federal financial participation, of the state's Medicaid family planning demonstration project until June 30, 2009, under the eligibility requirements and processes that were in place before the project's first extension period.
Directs the Secretary to delay until April 1, 2009, implementation of a proposed rule published on June 27, 2008 (or any similar rule), relating to: (1) decertification of rural health clinics under the Medicare program that are no longer in nonurbanized areas; and (2) changes in the Medicare payment methodology for rural health clinics and federally qualified health centers.
Amends title XIX (Medicaid) of the Social Security Act, with regard to mechanized claims processing and information retrieval systems, to require states to incorporate compatible methodologies of the National Correct Coding Initiative for claims filed after October 1, 2009. Directs the Secretary to identify such methodologies.
Amends title XVIII (Medicare) of the Social Security Act to increase funding for the Medicare Improvement Fund. | {"src": "billsum_train", "title": "A bill to preserve access to healthcare under the Medicare and Medicaid programs."} | 1,943 | 375 | 0.624429 | 1.993196 | 0.760493 | 3.845481 | 4.959184 | 0.895044 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Slamming Prevention Act
of 1997''.
SEC. 2. ENHANCEMENT OF PROTECTIONS.
(a) Liability for Additional Charges.--Subsection (b) of section
258 of the Communications Act of 1934 (47 U.S.C. 258) is amended--
(1) by striking ``(b) Liability for Charges.--Any
telecommunications carrier'' in the first sentence and
inserting the following:
``(b) Liability for Charges.--
``(1) Charges collected after violation.--Any
telecommunications carrier''; and
(2) by striking the second sentence and inserting the
following:
``(2) Fees for changing back.--Any telecommunications
carrier described in paragraph (1) shall also be liable to the
carrier previously selected by the subscriber concerned for any
fees associated with changing the subscriber back to the
carrier previously selected, in accordance with such procedures
as the Commission may prescribe.
``(3) Relation to other authority.--The remedies provided
by this subsection are in addition to any other remedies
available by law.''.
(b) Additional Penalties.--Such section 258 is further amended by
adding at the end the following:
``(c) Additional Penalties.--Any telecommunications carrier that
violates the verification procedures described in subsection (a) shall
be subject to such additional fines and penalties, including a
forfeiture penalty under section 503(b)(1)(B) of this Act, as the
Commission shall prescribe.''.
(c) Additional Protections.--Such section 258 is further amended by
adding at the end the following:
``(d) Additional Protections.--In order to provide subscribers with
additional protections against changes in providers of telephone
exchange service or telephone toll service in violation of the
verification procedures described in subsection (a), the Commission may
prescribe the following:
``(1) A requirement that telecommunications carriers
establish toll-free telephone numbers in order to permit
subscribers to register complaints regarding the execution of
such changes in service, including the requirement that calls
to such numbers be answered in not more than two minutes.
``(2) A requirement that telecommunications carriers
provide the Commission such information relating to the
complaints made to such carriers regarding such changes in
service as the Commission considers appropriate.''.
(d) Deadline for Rulemaking.--The Federal Communications Commission
shall prescribe the regulations required by section 258 of the
Communications Act of 1934, as amended by this section, not later than
April 30, 1998.
(e) Reports to Congress.--
(1) Initial report.--Not later than October 31, 1998, the
Commission shall submit to Congress a report on unauthorized
changes of subscribers' selections of providers of telephone
exchange service or telephone toll service. The report shall
include the following:
(A) A list of the ten telecommunications carriers
that, during the one-year period ending on the date of
the report, were subject to the highest number of
complaints of having executed unauthorized changes of
subscribers from their selected providers of telephone
exchange service or telephone toll service when
compared with the total number of subscribers served by
such carriers.
(B) The telecommunications carriers, if any,
assessed fines or penalties under section 258(c) of the
Communications Act of 1934, as added by subsection (c)
of this section, during that period, including the
amount of each fine or penalty, and whether the fine or
penalty was assessed as a result of a court judgment or
an order of the Commission or was secured pursuant to a
consent decree.
(C) Whether or not subscribers should be authorized
to bring a private cause of action against
telecommunications carriers that change subscriber
selections of providers of telephone exchange service
or telephone toll service in violation of the
procedures prescribed under section 258(a) of the
Communications Act of 1934 and, if so, the advisability
of establishing minimum statutory penalties for
violations addressed by such causes of action.
(D) Whether or not the fines and penalties imposed
by the Commission under section 258(c) of the
Communications Act of 1934, as so added, are sufficient
to deter telecommunications carriers from changing
subscriber selections of providers of telephone
exchange service or telephone toll service in violation
of such procedures.
(2) Update.--Not later than one year after the date on
which the Commission submits the report required by paragraph
(1), and each year thereafter, the Commission shall submit to
Congress an update of the previous report under this subsection
which sets forth the information specified in subparagraphs (A)
and (B) of that paragraph for one-year period preceding the
date of the report concerned. | Interstate Slamming Prevention Act of 1997 - Amends the Communications Act of 1934 to make telecommunications carriers that execute illegal changes in a subscriber's selection of telephone exchange or toll service liable for any fees associated with changing the subscriber back to the carrier previously selected.
Subjects carriers that violate verification procedures with respect to such changes to additional fines and penalties, including a forfeiture penalty.
Authorizes the Federal Communications Commission (FCC), in order to provide subscribers with additional protections against such illegal changes, to require carriers to: (1) establish toll-free telephone numbers to register complaints regarding service changes; and (2) provide the FCC with information relating to such complaints.
Directs the FCC to report annually to the Congress on unauthorized changes of subscribers' selections of telephone exchange or toll service. | {"src": "billsum_train", "title": "Interstate Slamming Prevention Act of 1997"} | 1,035 | 176 | 0.675201 | 1.864822 | 0.90272 | 2.909091 | 6.155844 | 0.883117 |
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