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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Does Offer Potential
Treasures Act of 2000''.
TITLE I--ADOPTION PROMOTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Adoption Promotion Act''.
SEC. 102. ADOPTION AWARENESS PROGRAM.
(a) In General.--The Secretary of Health and Human Services
(referred to in this title as the ``Secretary'') shall establish an
adoption awareness program. The Secretary shall make grants through the
program to eligible private entities to pay for the Federal share of
the cost of developing and distributing materials promoting adoption.
(b) Use of Funds.--
(1) In general.--An entity that receives a grant under
subsection (a) shall use funds made available through the grant
to develop and carry out an adoption public promotion campaign,
including--
(A) developing and placing public service
announcements regarding adoption on television, radio,
and billboards; and
(B) developing and distributing brochures regarding
adoption through federally funded family planning
clinics in the United States, including coordinating
the distribution of the brochures with the distribution
of educational materials under title X of the Public
Health Service Act (42 U.S.C. 300 et seq.).
(2) Limitation.--The entity may not place a public service
announcement, as described in paragraph (1)(A), or distribute a
brochure, as described in paragraph (1)(B), until the Secretary
has reviewed the announcement or brochure, reviewed the
recommendation described in section 103(d)(2)(B) regarding the
announcement or brochure, and approved the announcement or
brochure.
(c) Application.--To be eligible to receive a grant under
subsection (a), an entity shall submit an application to the Secretary
at such time, in such manner, and including such information as the
Secretary may require.
(d) Selection.--The Secretary shall make grants under subsection
(a) to recipients selected from among applicants receiving favorable
recommendations from the Adoption Awareness Commission under section
103(d)(1)(B).
(e) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsection (a) shall be 50 percent.
(2) Non-federal share.--The non-Federal share of the cost
may be contributed in cash or in kind, fairly evaluated,
including plant, equipment, or services.
SEC. 103. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Adoption Awareness Commission (referred to in this title as the
``Commission'').
(b) Composition.--The Commission shall be composed of 7 members, of
whom--
(1) 1 shall be appointed by the President;
(2)(A) 2 shall be appointed by the President, from among
not fewer than 6 persons nominated by the majority leader of
the Senate; and
(B) 1 shall be appointed by the President, from among not
fewer than 4 persons nominated by the minority leader of the
Senate; and
(3)(A) 2 shall be appointed by the President, from among
not fewer than 6 persons nominated by the Speaker of the House
of Representatives; and
(B) 1 shall be appointed by the President, from among not
fewer than 4 persons nominated by the minority leader of the
House of Representatives.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Duties.--The Commission shall--
(1)(A) review the applications submitted under section 102;
and
(B) by majority vote, make recommendations to the Secretary
regarding which applicants should receive grants made under
section 102; and
(2)(A) review the public service announcements and
brochures developed by the recipients of the grants made under
section 102; and
(B) by majority vote, make recommendations to the Secretary
regarding approval of the announcements and brochures.
(e) Meetings.--The Commission shall meet at least 4 times in each
fiscal year.
(f) 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.
(g) 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 I 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.
(h) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(i) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(j) Termination.--The Commission shall terminate on September 30,
2005.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$25,000,000 for each of fiscal years 2001 through 2005.
TITLE II--ADOPTION CREDIT, AND EXCLUSION FOR ADOPTION ASSISTANCE
PROGRAMS, EXPANDED AND MADE PERMANENT
SEC. 201. ADOPTION CREDIT, AND EXCLUSION FOR ADOPTION ASSISTANCE
PROGRAMS, EXPANDED AND MADE PERMANENT.
(a) Increase in Maximum Benefit.--
(1) Section 23(b)(1) of the Internal Revenue Code of 1986
(relating to dollar limitation) is amended by striking ``$5,000
($6,000'' and inserting ``$7,500 ($10,000''.
(2) Section 137(b)(1) of such Code is amended by striking
``$5,000 ($6,000'' and all that follows and inserting ``the
dollar limit applicable under section 23(b)(1).''.
(b) Higher Income Taxpayers Eligible for Benefits.--
(1) Section 23(b)(2)(A)(i) of such Code (relating to income
limitation) is amended by striking ``$75,000'' and inserting
``$150,000''.
(2) Section 137(b)(2)(A) of such Code is amended by
striking ``$75,000'' and inserting ``the dollar limit
applicable under section 23(b)(2)(A)(i)''.
(c) Benefits Made Permanent for All Children.--
(1) Paragraph (2) of section 23(d) of such Code is amended
to read as follows:
``(2) Eligible child.--The term `eligible child' means any
individual who--
``(A) has not attained age 18, or
``(B) is physically or mentally incapable of caring
for himself.''.
(2) Section 137 of such Code is amended by striking
subsection (f) (relating to termination).
(d) Cost-of-Living Adjustment of Dollar Limitations.--Section 23 of
such Code is amended by redesignating subsection (h) as subsection (i)
and by inserting after subsection (g) the following new subsection:
``(h) Cost-of-Living Adjustment.--
``(1) In general.--In the case of an adoption which becomes
final in any calendar year after 2001, the dollar amounts in
subsection (b)(1) and the $150,000 amount in subsection
(b)(2)(A)(i) with respect to such adoption shall be increased
by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2000' for `calendar year
1992' in subparagraph (B) thereof.
``(2) Rounding.--
``(A) Maximum credit amounts.--If any dollar amount
in subsection (b)(1) as adjusted under the preceding
sentence is not a multiple of $100, such amount shall
be rounded to the nearest multiple of $100.
``(B) Income limitation.--If the $150,000 amount as
adjusted under the preceding sentence is not a multiple
of $1,000, such amount shall be rounded to the nearest
multiple of $1,000.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Establishes the Adoption Awareness Commission to review and make recommendations to the Secretary regarding grant applicants. Authorize appropriations.
Title II: Adoption Credit, and Exclusion for Adoption Assistance Programs, Expanded and Made Permanent
- Amends the Internal Revenue Code to: (1) increase the tax credit allowable for adoption expenses and the amount of their exclusion from gross income; (2) increase the income category of taxpayers eligible for such credit; and (3) repeal the termination date for such tax incentives (thus making them permanent). | {"src": "billsum_train", "title": "Adoption Does Offer Potential Treasures Act of 2000"} | 2,060 | 112 | 0.458391 | 1.250996 | 0.24993 | 2.455446 | 17.891089 | 0.851485 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Literacy Improvement Act of
1998''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Family literacy programs provide important literacy
assistance to families.
(2) Family literacy programs assist parents in improving
their literacy skills, attaining self-sufficiency, and helping
their children succeed in school.
(3) Family literacy programs empower parents by providing
them with the skills to interact positively with their
children, with respect to their children's education.
(4) Family literacy programs encourage parents to read to
their children, which is a key component of children's academic
success.
(5) Existing family literacy programs should be
strengthened in order to ensure that they are as effective as
possible in serving the literacy needs of at-risk families in
the United States.
TITLE I--AMENDMENTS TO EVEN START FAMILY LITERACY PROGRAMS
SEC. 101. RESERVATION FOR GRANTS.
Section 1202(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6362(c)) is amended to read as follows:
``(c) Reservation for Grants.--
``(1) Grants authorized.--In any fiscal year in which the
amount appropriated to carry out this part exceeds the amount
appropriated to carry out this part for the preceding fiscal
year, the Secretary shall reserve such funds in excess of the
amount appropriated for such preceding fiscal years as do not
exceed $1,000,000 to award grants, on a competitive basis, to
States to enable such States to plan and implement, statewide
family literacy initiatives to coordinate and integrate
existing Federal, State, and local literacy resources
consistent with the purposes of this part. Such coordination
and integration shall include funds available under the Adult
Education Act, Head Start, this part, part A of this title, and
part A of title IV of the Social Security Act.
``(2) Consortia.--
``(A) Establishment.--To receive a grant under this
subsection, a State shall establish a consortium of the
following State-level programs:
``(i) Programs under this title.
``(ii) Programs under the Head Start Act.
``(iii) Programs under the Adult Education
Act.
``(iv) All other State-funded preschool
programs and programs providing literacy
services to adults.
``(B) Plan.--To receive a grant under this
subsection, the consortium established by a State shall
create a plan to use a portion of the State's
resources, derived from the programs referred to in
subparagraph (A), to strengthen and expand family
literacy services in such State.
``(3) Reading instruction.--Statewide family literacy
initiatives implemented under this subsection shall base
reading instruction on reliable, replicable research on
reading.
``(4) Technical assistance.--The Secretary shall provide,
directly or through a grant or contract with an organization
with experience in the development and operation of successful
family literacy services, technical assistance to States
receiving a grant under this subsection.
``(5) Matching requirement.--The Secretary shall not make a
grant to a State under this subsection unless the State agrees
that, with respect to the costs to be incurred by the eligible
consortium in carrying out the activities for which the grant
was awarded, the State will make available non-Federal
contributions in an amount equal to not less than the Federal
funds provided under the grant.''.
SEC. 102. DEFINITIONS.
Section 1202(e) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6362(e)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (7), respectively;
(3) by inserting after paragraph (2) the following:
``(3) the term `family literacy services' means services
provided to participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of sufficient
duration, to make sustainable changes in a family (such as
eliminating or reducing welfare dependency) and that
integrate--
``(A) interactive literacy activities between
parents and their children;
``(B) activities equipping parents to motivate,
teach, and otherwise partner with their children in
learning;
``(C) parent literacy training, including training
that contributes to economic self-sufficiency; and
``(D) appropriate instruction for children of
parents receiving parent literacy services;''; and
(4) by inserting after paragraph (4) the following:
``(5) the term `reading' means the process of comprehending
the meaning of written text by depending on--
``(A) the ability to use phonics skills, that is,
knowledge of letters and sounds, to decode printed
words quickly and effortlessly, both silently and
aloud;
``(B) the ability to use previously learned
strategies for reading comprehension; and
``(C) the ability to think critically about the
meaning, message, and aesthetic value of the text;
``(6) the term `reliable, replicable research' means
objective, valid, scientific studies that--
``(A) include rigorously defined samples of
subjects that are sufficiently large and representative
to support the general conclusions drawn;
``(B) rely on measurements that meet established
standards of reliability and validity;
``(C) test competing theories, where multiple
theories exist;
``(D) are subjected to peer review before their
results are published; and
``(E) discover effective strategies for improving
reading skills; and''.
SEC. 103. PROGRAM ELEMENTS.
Section 1205 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6365) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(11) include a dedicated period of time for parents and
their children to interact for the specific purposes of
enhancing the childrens' learning and developing a relationship
of reciprocal learning and teaching.''.
SEC. 104. ELIGIBLE PARTICIPANTS.
Section 1206(a)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6366(a)(2)) is amended by striking ``seven,'' and
inserting ``18,''.
SEC. 105. EVALUATION.
Section 1209 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6369) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) to provide States and eligible entities receiving a
subgrant under this part, directly or through a grant or
contract with an organization with experience in the
development and operation of successful family literacy
services, technical assistance to ensure local evaluations
undertaken under section 1205(10) provide accurate information
on the effectiveness of programs assisted under this part.''.
SEC. 106. INDICATORS OF PROGRAM QUALITY.
(a) In General.--The Elementary and Secondary Education Act of 1965
is amended--
(1) by redesignating section 1210 as section 1212; and
(2) by inserting after section 1209 the following:
``SEC. 1210. INDICATORS OF PROGRAM QUALITY.
``Each State receiving funds under this part shall develop, based
on the best available research and evaluation data, indicators of
program quality for programs assisted under this part. Such indicators
shall be used to monitor, evaluate, and improve such programs within
the State. Such indicators shall include the following:
``(1) With respect to eligible participants in a program
who are adults--
``(A) achievement in the areas of reading, writing,
English language acquisition, problem solving, and
numeracy;
``(B) receipt of a high school diploma or a general
equivalency diploma;
``(C) entry into a postsecondary school, job
retraining program, or employment or career
advancement, including the military; and
``(D) such other indicators as the State may
develop.
``(2) With respect to eligible participants in a program
who are children--
``(A) improvement in ability to read on grade level
or reading readiness;
``(B) school attendance;
``(C) grade retention and promotion; and
``(D) such other indicators as the State may
develop.''.
(b) State Level Activities.--Section 1203(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6363(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) carrying out section 1210.''.
(c) Award of Subgrants.--Paragraphs (3) and (4) of section 1208(b)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368)
are amended to read as follows:
``(3) Continuing eligibility.--In awarding subgrant funds
to continue a program under this part for the second, third, or
fourth year, the State educational agency shall evaluate the
program based on the indicators of program quality developed by
the State under section 1210. Such evaluation shall take place
after the conclusion of the startup period, if any.
``(4) Insufficient progress.--The State educational agency
may refuse to award subgrant funds if such agency finds that
the eligible entity has not sufficiently improved the
performance of the program, as evaluated based on the
indicators of program quality developed by the State under
section 1210, after--
``(A) providing technical assistance to the
eligible entity; and
``(B) affording the eligible entity notice and an
opportunity for a hearing.''.
SEC. 107. RESEARCH.
The Elementary and Secondary Education Act of 1965, as amended by
section 106 of this Act, is further amended by inserting after section
1210 the following:
``SEC. 1211. RESEARCH.
``(a) In General.--The Secretary shall carry out, through grant or
contract, research into the components of successful family literacy
services, to be used--
``(1) to improve the quality of existing programs assisted
under this part or other family literacy programs carried out
under this Act or the Adult Education Act; and
``(2) to develop models for new programs to be carried out
under this Act or the Adult Education Act.
``(b) Dissemination.--The National Institute for Literacy shall
disseminate the results of the research described in subsection (a) to
States and recipients of subgrants under this part.''.
TITLE II--AMENDMENTS TO THE HEAD START ACT
SEC. 201. AMENDMENTS RELATING TO FAMILY LITERACY.
The Head Start Act (42 U.S.C. 9831-9852) is amended--
(1) in section 637(4) is amended to read as follows:
``(4) The term `family literacy services' means services
that--
``(A) are provided to participants who receive the
services on a voluntary basis;
``(B) are of sufficient intensity, and of
sufficient duration, to make sustainable changes in a
family (such as eliminating or reducing dependence on
income-based public assistance); and
``(C) integrate each of--
``(i) interactive literacy activities
between parents and their children;
``(ii) training for parents on being
partners with their children in learning;
``(iii) parent literacy training, including
training that contributes to economic self-
sufficiency; and
``(iv) appropriate instruction for children
of parents receiving the parent literacy
training.'',
(2) in section 639--
(A) in subsection (a) by striking ``1998'' and
inserting ``2003'',
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``1998'' and
inserting ``2003'', and
(II) by striking ``and'' at the
end,
(ii) in paragraph (2)--
(I) by striking ``1998'' and
inserting ``2003'', and
(II) by striking the period at the
end and inserting ``; and'', and
(C) by adding at the end the following:
``(3) not less than $5,000,000 for fiscal year 1999, and
such sums as may be necessary for fiscal years 2000 through
2003, to carry out section 648B.'', and
(3) by inserting after section 648A the following:
``SEC. 648B. FAMILY LITERACY SERVICES.
``From funds reserved under section 639(b)(3), the Secretary--
``(1) shall provide grants through a competitive process,
based upon the quality of the family literacy service proposal
and taking into consideration geographic and urban/rural
representation, for not more than 100 Head Start agencies to
initiate provision of family literacy services through
collaborative partnerships with entities that provide adult
education services, entities carrying out Even Start programs
under part B of chapter 1 of title 1 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 274 et seq.), or
entities that provide other services deemed necessary for the
provision of family literacy services; and
``(2) may--
``(A) provide training and technical assistance to
Head Start agencies that already provide family
literacy services;
``(B) designate as mentor programs, and provide
financial assistance to, Head Start agencies that
demonstrate effective implementation of family literacy
services, based on improved outcomes of children and
their parents, to enable such agencies to provide
training and technical assistance to other agencies
that seek to implement, or improve implementation of,
family literacy services; and
``(C) award grants or make other assistance
available to facilitate training and technical
assistance to programs for development of collaboration
agreements with other service providers.
In awarding such grants or assistance, the Secretary shall give special
consideration to an organization that has experience in the development
and operation of successful family literacy services.''. | TABLE OF CONTENTS:
Title I: Amendments to Even Start Family Literacy Programs
Title II: Amendments to the Head Start Act
Family Literacy Improvement Act of 1998 -
Title I: Amendments to Even Start Family Literacy Programs
- Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise requirements for Even Start Family Literacy Programs (Even Start).
(Sec. 101) Directs the Secretary of Education to award competitive grants to States for the planning and implementation of statewide family literacy initiatives, including specified services.
Requires a State, as a prerequisite to receiving a grant, to form a consortium of State-level programs under ESEA, the Head Start Act, the Adult Education Act, and all other related, State-funded programs. Requires such consortium to create a plan to use a portion of the State's resources to strengthen and expand family literacy services.
(Sec. 102) Sets forth definitions of: (1) family literacy services; (2) reading; and (3) reliable, replicable research.
(Sec. 103) Requires Even Start program elements to include a dedicated period of time for parents and their children to interact for the specific purpose of enhancing the childrens' development of a relationship of reciprocal learning and teaching.
(Sec. 104) Increases from seven to 18 the maximum age for eligibility to participate in Even Start programs.
(Sec. 105) Provides for technical assistance for the evaluation of subgrant recipient local programs.
(Sec. 106) Requires States receiving such grants to develop indicators of program quality.
(Sec. 107) Directs the Secretary to research, through grant or contract, successful family literacy services to improve the quality of existing programs and to develop models for new programs. Requires the National Institute for Literacy to disseminate such research results to States and Even Start subgrant recipients.
Title II: Amendments to the Head Start Act
- Amends the Head Start Act to reauthorize Head Start programs and to provide for grants and other assistance for family literacy services.
(Sec. 201) Revises the definition of family literacy services.
Extends through FY 2003 the authorization of appropriations for Head Start program activities. Directs the Secretary of Health and Human Services (HHS) to make available certain amounts for such program activities, transition activities, impact studies, other research and evaluation activities, and family literacy services.
Establishes a program of grants and other assistance for family literacy services under the Head Start Act. Directs the Secretary of HHS to make competitive grants for up to 100 Head Start agencies to initiate provision of family literacy services through collaborative partnerships with entities that provide: (1) adult education services; (2) Even Start programs under ESEA; or (3) other services deemed necessary for providing family literacy services.
Authorizes the Secretary of HHS to provide: (1) training and technical assistance to Head Start agencies that already provide family literacy services; (2) financial assistance to designated mentor Head Start agencies that demonstrate effective implementation of family literacy services, in order to provide training and technical assistance to other agencies; and (3) grants or other assistance to facilitate training and technical assistance to programs for the development of collaboration agreements with other service providers. | {"src": "billsum_train", "title": "Family Literacy Improvement Act of 1998"} | 3,189 | 704 | 0.658159 | 2.115231 | 0.690312 | 3.118196 | 4.758942 | 0.894246 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Accountability in Veterans
Access to Health Care Act''.
SEC. 2. TREATMENT OF STAFFING SHORTAGE AND REPORT ON STAFFING OF
MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Staffing Shortage.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Inspector General of the Department of Veterans Affairs shall
determine, and publish in the Federal Register, the five
occupations of health care providers of the Department of
Veterans Affairs for which there is the largest staffing
shortage throughout the Department.
(2) Recruitment and appointment.--Notwithstanding sections
3304 and 3309 through 3318 of title 5, United States Code, the
Secretary of Veterans Affairs, based upon a determination by
the Inspector General under paragraph (1) that there is a
staffing shortage throughout the Department with respect to a
particular occupation of health care provider, may recruit and
directly appoint highly qualified health care providers to a
position to serve as a health care provider in that particular
occupation for the Department.
(b) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not later than December 31 of
each even numbered year thereafter until 2024, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report assessing the staffing of
each medical facility of the Department of Veterans Affairs.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following:
(A) The results of a system-wide assessment of all
medical facilities of the Department to ensure the
following:
(i) Appropriate staffing levels for health
care providers to meet the goals of the
Secretary for timely access to care for
veterans.
(ii) Appropriate staffing levels for
support personnel, including clerks.
(iii) Appropriate sizes for clinical
panels.
(iv) Appropriate numbers of full-time
staff, or full-time equivalent, dedicated to
direct care of patients.
(v) The appropriate physician to patient
ratio (including for both primary and specialty
care), as compared to such ratio as it exists
on the date of the report.
(vi) Appropriate physical plant space to
meet the capacity needs of the Department in
that area.
(vii) Such other factors as the Secretary
considers necessary.
(B) An explanation of the measurable productivity
standards used to establish the levels in the
assessment described in subparagraph (A).
(C) A plan for addressing any issues identified in
the assessment described in subparagraph (A), including
a timeline for addressing such issues.
(D) A list of the current wait times and workload
levels for the following clinics in each medical
facility:
(i) Mental health.
(ii) Primary care.
(iii) Gastroenterology.
(iv) Women's health.
(v) Specialty care.
(vi) Ophthalmology.
(vii) Such other clinics as the Secretary
considers appropriate.
(E) A description of the results of the
determination of the Secretary under paragraph (1) of
subsection (a) and a plan to use direct appointment
authority under paragraph (2) of such subsection to
fill staffing shortages, including recommendations for
improving the speed at which the credentialing and
privileging process can be conducted.
(F) The current staffing models of the Department
for the following clinics, including recommendations
for changes to such models:
(i) Mental health.
(ii) Primary care.
(iii) Gastroenterology.
(iv) Women's health.
(v) Specialty care.
(vi) Ophthalmology.
(vii) Such other clinics as the Secretary
considers appropriate.
(G) A detailed analysis of succession planning at
medical facilities of the Department, including the
following:
(i) The number of positions in medical
facilities throughout the Department that are
not filled by a permanent employee.
(ii) The length of time each such position
described in clause (i) remained vacant or
filled by a temporary or acting employee.
(iii) A description of any barriers to
filling the positions described in clause (i).
(iv) A plan for filling any positions that
are vacant or filled by a temporary or acting
employee for more than 180 days.
(v) A plan for handling emergency
circumstances, such administrative leave or
sudden medical leave for senior officials.
(H) The number of health care providers who have
been removed from their position or have retired, by
provider type, during the two-year period preceding the
submittal of the report.
(I) Of the health care providers specified in
subparagraph (G) that have been removed from their
position, the following:
(i) The number of such health care
providers who were reassigned to another
position in the Department.
(ii) The number of such health care
providers who left the Department.
SEC. 3. CLINIC MANAGEMENT TRAINING PROGRAM OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
implement a clinic management training program to provide in-person,
standardized education on health care management to all managers of,
and health care providers at, medical facilities of the Department of
Veterans Affairs.
(b) Elements.--The clinic management training program required by
subsection (a) shall include the following:
(1) Training on how to manage the schedules of health care
providers of the Department and training on customer service
and veteran-centered care, including proper planning procedures
for vacation, leave, and graduate medical education training
schedules.
(2) Training on the appropriate number of appointments that
a health care provider should conduct on a daily basis, based
on specialty.
(3) Training on how to determine whether there are enough
available appointment slots to manage demand for different
appointment types and mechanisms for alerting management of
insufficient slots.
(4) Training on how scheduling systems will be monitored
and how schedulers will be held accountable for accurate data.
(5) Training on how to properly use data to meet the demand
for health care, including the following:
(A) Training on determining the next available
appointment for each health care provider at the
medical facility.
(B) Training on determining the number of health
care providers needed to meet demand for health care at
the medical facility.
(C) Training on determining the number of exam
rooms needed to meet demand for such health care in an
efficient manner.
(6) Training on how to properly use the appointment
scheduling system of the Department, including any new
scheduling system implemented by the Department.
(7) Training on how to optimize the use of technology,
including the following:
(A) Telemedicine.
(B) Electronic mail.
(C) Text messaging.
(D) Such other technologies as specified by the
Secretary.
(8) Training on how to properly use physical plant space at
medical facilities of the Department to ensure efficient flow
and privacy for patients and staff. | Restoring Accountability in Veterans Access to Health Care Act - Directs the Inspector General of the Department of Veterans Affairs (VA) to annually determine, and publish in the Federal Register, the five occupations of health care providers for which there is the largest staffing shortage throughout the VA. Authorizes the Secretary of Veterans Affairs, based upon such determination, to recruit and appoint highly qualified health care providers to positions in those occupations. Requires the Secretary to submit biennial reports assessing the staffing of each VA medical facility, including: (1) information on wait times and workload levels, (2) a plan to fill staffing shortages, and (3) an analysis of succession planning. Directs the Secretary to implement a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, VA medical facilities, including training on how to: (1) manage the schedules of health care providers, (2) optimize the use of technology, (3) use data to meet the demand for health care, (4) use the VA appointment scheduling system, and (5) use physical plant space at VA facilities to ensure efficient flow and privacy for patients and staff. | {"src": "billsum_train", "title": "Restoring Accountability in Veterans Access to Health Care Act"} | 1,559 | 250 | 0.622787 | 1.822117 | 0.882216 | 4.729958 | 6.447257 | 0.940928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Workers'
Compensation for Injured Federal Workers Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medical services and supplies provided by physician
assistants (PAs), nurse practitioners (NPs), clinical nurse
specialists (CNSs), certified nurse midwives (CNMs), and
certified registered nurse anesthetists (CRNAs), are not
included in the definition of ``medical, surgical, and hospital
services and supplies'' in the Federal Employees' Compensation
Act (5 U.S.C. 8101 et seq.). PAs, NPs, CNSs, CNMs, and CRNAs
are not included in the definition of ``physician'' in such
Act, and claims signed by PAs, NPs, CNSs, CNMs, and CRNAs have
been denied by the Office of Workers' Compensation Programs of
the Department of Labor.
(2) In some rural areas where many of these providers are
the only full-time providers of care, injured Federal workers
may have to travel more than 100 miles to receive care that is
reimbursable.
(3) In some cases, Federal workers have been advised to use
hospital emergency rooms for non-emergency care, rather than
receiving care after hours at local clinics where many of these
providers are the only health care professionals on site.
(4) PAs, NPs, CNSs, CRNAs, and CNMs are covered providers
within Medicare, Medicaid, Tri-Care, and most private insurance
plans.
(5) PAs, NPs, CRNAs, and CNMs are legally regulated in all
50 States, the District of Columbia, and Guam.
(6) All 50 States, the District of Columbia, and Guam
authorize physicians to delegate prescriptive privileges to the
PAs they supervise, authorize NPs to prescribe medications
under their own signature; 48 States, the District of Columbia,
American Samoa, and Guam provide prescriptive authority to
CNMs; and CRNAs have prescriptive authority in 28 states (and
the District of Columbia) and order and administer anesthesia
medication and provide anesthesia and interventional pain
management services in all 50 states and the District of
Columbia.
(7) PAs, NPs, and CRNAs work in virtually every area of
medicine and surgery and are also employed by the Federal
Government to provide medical care, including by the Department
of Veterans Affairs, the Department of Defense, and the Public
and Indian Health Services.
(8) CNSs have clinical nursing expertise in diagnosis and
provide direct care to prevent, remediate, or alleviate illness
and promote health. CNSs practice in hospitals, clinics,
nursing homes, and other community-based settings.
(9) CNMs provide vital care to pregnant Federal workers who
are injured on the job.
(10) CRNAs, the oldest of the advanced practice nurse
specialties, administer approximately 32 million anesthetics to
patients each year in the U.S., and in some States are the sole
providers of anesthetics in nearly 100 percent of rural
hospitals.
(11) CRNAs work in almost every setting in which anesthesia
is given, including operating rooms, dental offices, pain
clinics, ambulatory surgical settings, and provide
interventional pain management service.
(12) Amending the Federal Employees' Compensation Act to
recognize PAs, NPs, CRNAs, CNSs, and CNMs as covered providers
will bring this Act in line with the overwhelming majority of
State workers' compensation programs, which recognize each of
these providers as covered providers.
(13) The exclusion of PAs, NPs, CNSs, CNMs, and CRNAs from
the category of covered providers under the Federal Employees'
Compensation Act limits patients' access to medical care,
services, and supplies, disrupts continuity of care, and
creates unnecessary costs for the Office of Workers'
Compensation Programs.
SEC. 3. INCLUSION OF PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE
REGISTERED NURSES IN FEDERAL EMPLOYEES' COMPENSATION ACT.
(a) Inclusion.--Section 8101 of title 5, United States Code, is
amended--
(1) in paragraph (3), by inserting ``other eligible
providers,'' after ``chiropractors,'';
(2) by striking ``and'' at the end of paragraphs (18) and
(19);
(3) by striking the period at the end of paragraph (20) and
inserting ``; and''; and
(4) by adding at the end the following:
``(21) `other eligible provider' means a physician
assistant, nurse practitioner, clinical nurse specialist,
certified nurse midwife, or certified registered nurse
anesthetist, within the scope of their practice as defined by
State law, or as credentialed by the Federal government.''.
(b) Conforming Amendments.--Chapter 81 of title 5, United States
Code, is amended--
(1) in section 8103(a)--
(A) in the matter preceding paragraph (1), by
inserting ``or other eligible provider'' after
``physician'';
(B) in paragraph (3), by inserting ``or other
eligible providers'' after ``physicians''; and
(C) in the matter following paragraph (3), by
inserting ``or other eligible provider'' after
``physician'';
(2) in section 8121(6), by inserting ``or other eligible
provider'' after ``physician''; and
(3) in section 8123(a)--
(A) in the second sentence, by inserting ``or other
eligible provider'' after ``physician''; and
(B) in the third sentence, by striking ``of the
employee'' and inserting ``or other eligible provider
of the employee''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this section shall apply beginning on the
first day of the second Federal fiscal year quarter that begins on or
after the date of the enactment of this Act. | Improving Access to Workers' Compensation for Injured Federal Workers Act - Amends the Federal Employees' Compensation Act to include physician assistants, nurse practitioners, clinical nurse specialists, certified nurse midwives, and certified registered nurse anesthetists as eligible providers of medical, surgical, and hospital services and supplies under such Act. | {"src": "billsum_train", "title": "To amend the Federal Employees' Compensation Act to cover services provided to injured Federal workers by physician assistants and nurse practitioners, and for other purposes."} | 1,367 | 73 | 0.43948 | 1.164987 | 1.035936 | 3.982456 | 21.421053 | 0.964912 |
SECTION 1. CERTAIN CHEMICALS AND CHEMICAL MIXTURES.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new heading:
`` 9902.09.61 Thiamethoxam (3- Free No change No change On or before 12/ ...
[(2-chloro-5- 31/2008
thiazyl)methyl)-5-
methyl-N-nitro-
1,3,5-oxadiazin-4-
imine) (CAS No.
153719-23-4)
(provided for in
subheading
2934.10.90)......
9902.09.62 Mixtures of Free No change No change On or before 12/ ...
(<plus-minus>)-(c 31/2008
is and trans)-1-
(2-(2,4-
Dichlorophenyl)-4-
propyl-1,3-
dioxalan-2-
yl)methyl)-1H-1,2
,4-triazole
(Propiconazole)
(CAS No. 60207-90-
1), 3-iodo-2-
propynyl
butylcarbamate
(CAS No. 55406-53-
6), and
application
adjuvants
(provided for in
subheading
6403.99.60)......
9902.09.63 Mixtures of 4,6- Free No change No change On or before 12/ ...
dimethyl-N-phenyl- 31/2008
2-pyrimidinamine
(Pyrimethanil)
(CAS No. 53112-28-
0), (<plus-
minus>)-1-[2-(2,4-
dichlorophenyl)-2-
(2-
propenyloxy)ethyl
]-1-H-imidazole
(CAS No. 73790-28-
0) and
application
adjuvants
(Philabuster
400SC) (the
foregoing
provided for in
subheading
3808.20.15)......
9902.09.64 (<plus-minus>)-3- Free No change No change On or before 12/ ...
[2-[4-(6-Fluoro- 31/2008
1,2-benzisoxazol-
3-yl)-1-
piperidinyl]ethyl
]-6,7,8,9-
tetrahydro-9-
hydroxy-2-methyl-
4H-pyrido[1,2-
a]pyrimidin-4-one
(CAS No. 144598-
75-4) (provided
for under
subheading
2934.99.30)......
9902.09.65 3-Benzo[b]thien-2- Free No change No change On or before 12/ ...
yl-5, 6-dihydro- 31/2008
1,4,2-oxathiazine
4-oxide
(Bethoxazin) (CAS
No. 163269-30-5)
(provided for in
subheading
2934.99.12)......
9902.09.66 4-Bromo-2-(4- Free No change No change On or before 12/ ...
chlorophenyl)-1- 31/2008
(ethoxymethyl)-5-
(trifluoromethyl)
-1H-pyrrole-3-
carbonitrile
(Chlorfenapyr)
(CAS No. 122453-
73-0) (provided
for in subheading
2933.99.17)......
9902.09.67 2-(p- Free No change No change On or before 12/ ...
Chlorophenyl)-3- 31/2008
cyano-4-bromo-5-
trifluoromethylpy
rrole (Econea
028) (CAS No.
122454-29-9)
(provided for in
subheading
2933.99.97)......
9902.09.68 Mixtures of 4,6- Free No change No change On or before 12/ ''.
dimethyl-N-phenyl- 31/2008
2-pyrimidinamine
(Pyrimethanil)
(CAS No. 53112-28-
0) and
application
adjuvants
(provided for in
subheading
3808.20.15)......
(b) Effective Date.--The amendment made by subsection (a) applies
to goods entered, or withdrawn from warehouse for consumption, on or
after the 15th day after the date of the enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2008, the duty on: (1) Thiamethoxam (3-[(2-chloro-5-thiazyl)methyl)-5-methyl-N-nitro-1,3,5-oxadiazin-4-imine); (2) mixtures of ()-(cis and trans)-1- (2-(2,4-Dichlorophenyl)-4-propyl-1,3-dioxalan-2-yl)methyl)-1H-1,2,4-triazole (Propiconazole), 3-iodo-2-propynyl butylcarbamate, and application adjuvants; (3) mixtures of 4,6-dimethyl-N-phenyl-2-pyrimidinamine (Pyrimethanil), ()-1-[2-(2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl]-1-H-imidazole, and application adjuvants (Philabuster 400SC); (4) ()-3-[2-[4-(6-Fluoro-1,2-benzisoxazol-3-yl)-1-piperidinyl]ethyl]-6,7,8,9-tetrahydro-9-hydroxy-2-methyl-4H-pyrido[1,2-a]pyrimidin-4-one; (5) 3-Benzo[b]thien-2-yl-5, 6-dihydro-1,4,2-oxathiazine 4-oxide (Bethoxazin); (6) 4-Bromo-2-(4-chlorophenyl)-1-(ethoxymethyl)-5-(trifluoromethyl)-1H-pyrrole-3-carbonitrile (Chlorfenapyr); (7) 2-(p-Chlorophenyl)-3-cyano-4-bromo-5-trifluoromethylpyrrole (Econea 028); and (8) mixtures of 4,6-dimethyl-N-phenyl-2-pyrimidinamine (Pyrimethanil). | {"src": "billsum_train", "title": "To suspend temporarily the duty on certain chemicals and chemical mixtures."} | 1,014 | 504 | 0.601828 | 2.16269 | 0.644502 | 1.66055 | 3.137615 | 0.761468 |
SECTION 1. LAND WITHDRAWAL AND RESERVATION FOR CRAGIN PROJECT.
(a) Definitions.--In this section:
(1) Covered land.--The term ``covered land'' means the parcel
of land consisting of approximately 512 acres, as generally
depicted on the Map, that consists of--
(A) approximately 300 feet of the crest of the Cragin Dam
and associated spillway;
(B) the reservoir pool of the Cragin Dam that consists of
approximately 250 acres defined by the high water mark; and
(C) the linear corridor.
(2) Cragin project.--The term ``Cragin Project'' means--
(A) the Cragin Dam and associated spillway;
(B) the reservoir pool of the Cragin Dam; and
(C) any pipelines, linear improvements, buildings,
hydroelectric generating facilities, priming tanks,
transmission, telephone, and fiber optic lines, pumps,
machinery, tools, appliances, and other District or Bureau of
Reclamation structures and facilities used for the Cragin
Project.
(3) District.--The term ``District'' means the Salt River
Project Agricultural Improvement and Power District.
(4) Land management activity.--The term ``land management
activity'' includes, with respect to the covered land, the
management of--
(A) recreation;
(B) grazing;
(C) wildland fire;
(D) public conduct;
(E) commercial activities that are not part of the Cragin
Project;
(F) cultural resources;
(G) invasive species;
(H) timber and hazardous fuels;
(I) travel;
(J) law enforcement; and
(K) roads and trails.
(5) Linear corridor.--The term ``linear corridor'' means a
corridor of land comprising approximately 262 acres--
(A) the width of which is approximately 200 feet;
(B) the length of which is approximately 11.5 miles;
(C) of which approximately 0.7 miles consists of an
underground tunnel; and
(D) that is generally depicted on the Map.
(6) Map.--The term ``Map'' means sheets 1 and 2 of the maps
entitled ``C.C. Cragin Project Withdrawal'' and dated June 17,
2008.
(7) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(b) Withdrawal of Covered Land.--Subject to valid existing rights,
the covered land is permanently withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(c) Map.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior, in
coordination with the Secretary, shall prepare a map and legal
description of the covered land.
(2) Force and effect.--The map and legal description prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of the Interior may
correct clerical and typographical errors.
(3) Availability.--The map and legal description prepared under
paragraph (1) shall be on file and available for public inspection
in the appropriate offices of the Forest Service and Bureau of
Reclamation.
(d) Jurisdiction and Duties.--
(1) Jurisdiction of the secretary of the interior.--
(A) In general.--Except as provided in subsection (e), the
Secretary of the Interior, acting through the Commissioner of
Reclamation, shall have exclusive administrative jurisdiction
to manage the Cragin Project in accordance with this Act and
section 213(i) of the Arizona Water Settlements Act (Public Law
108-451; 118 Stat. 3533) on the covered land.
(B) Inclusion.--Notwithstanding subsection (e), the
jurisdiction under subparagraph (A) shall include access to the
Cragin Project by the District.
(2) Responsibility of secretary of the interior and district.--
In accordance with paragraphs (4)(B) and (5) of section 213(i) of
the Arizona Water Settlements Act (Public Law 108-451; 118 Stat.
3533), the Secretary of the Interior and the District shall--
(A) ensure the compliance of each activity carried out at
the Cragin Project with each applicable Federal environmental
law (including regulations); and
(B) coordinate with appropriate Federal agencies in
ensuring the compliance under subparagraph (A).
(e) Land Management Activities on Covered Land.--
(1) In general.--The Secretary shall have administrative
jurisdiction over land management activities on the covered land
and other appropriate management activities pursuant to an
agreement under paragraph (2) that do not conflict with, or
adversely affect, the operation, maintenance, or replacement
(including repair) of the Cragin Project, as determined by the
Secretary of the Interior.
(2) Interagency agreement.--The Secretary and the Secretary of
the Interior, in coordination with the District, may enter into an
agreement under which the Secretary may--
(A) undertake any other appropriate management activity in
accordance with applicable law that will improve the management
and safety of the covered land and other land managed by the
Secretary if the activity does not conflict with, or adversely
affect, the operation, maintenance, or replacement (including
repair) of the Cragin Project, as determined by the Secretary
of the Interior; and
(B) carry out any emergency activities, such as fire
suppression, on the covered land.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Withdraws approximately 512 acres of covered land in Arizona (consisting of approximately 300 feet of the crest of the Craigin Dam and associated spillway, the reservoir pool of that Dam, and a specified corridor of land) from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Grants the Secretary of the Interior, acting through the Commissioner of Reclamation, exclusive jurisdiction to manage the Craigin Project in accordance with the Arizona Water Settlements Act. Defines the "Craigin Project" to include the Craigin Dam, its reservoir pool, and Salt River Project Agricultural Improvement and Power District or Bureau of Reclamation structures and facilities used for the Project. Requires that Secretary and the District to ensure the compliance of each activity carried out at the Project with applicable federal environmental law.
Grants the Secretary of Agriculture, acting through the Chief of the Forest Service, administrative jurisdiction over land management activities on the covered land and other appropriate management activities that do not conflict with, or adversely affect, the operation, maintenance, or replacement (including repair) of the Project.
Authorizes the Secretary of Agriculture and the Secretary of the Interior, in coordination with the District, to enter into an agreement under which the Secretary of Agriculture may: (1) undertake any other appropriate management activity in accordance with applicable law that will improve the management and safety of the covered land and other land managed by the Secretary of Agriculture if the activity does not conflict with, or adversely affect, the operation, maintenance, or replacement (including repair) of the Project; and (2) carry out any emergency activities on the covered land. | {"src": "billsum_train", "title": "To clarify the jurisdiction of the Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir, and for other purposes."} | 1,260 | 374 | 0.54107 | 1.760738 | 0.752168 | 6.213256 | 3.331412 | 0.951009 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The South China Sea contains vital commercial shipping
lanes and points of access between the Indian Ocean and Pacific
Ocean and provides a maritime lifeline to Taiwan, Japan, and
the Korean peninsula.
(2) China, Vietnam, the Philippines, Taiwan, Malaysia, and
Brunei have disputed territorial claims over the Spratly
Islands, and China, Taiwan, and Vietnam have disputed
territorial claims over the Paracel Islands.
(3) In 2009, the Government of the People's Republic of
China introduced the 9-dotted line (also known as the Cow
Tongue line) to officially claim most of the 648,000 square
miles of the South China Sea, more than any other nation
involved in these territorial disputes.
(4) Although not a party to these disputes, the United
States has a national economic and security interest in
maintaining peace, stability and prosperity in East Asia and
ensuring that no party threatens or uses force unilaterally to
assert maritime territorial claims in East Asia, including in
the South China Sea, the East China Sea, or the Yellow Sea.
(5) The Association of Southeast Asian Nations (ASEAN) has
promoted multilateral talks in disputed areas without settling
the issue of sovereignty.
(6) In 2002, ASEAN and China signed a Declaration on the
Conduct of Parties in the South China Sea. That declaration
committed all parties to those territorial disputes to
``reaffirm their respect for and commitment to the freedom of
navigation in and overflight above the South China Sea as
provided for by the universally recognized principles of
international law'', and to ``resolve their territorial and
jurisdictional disputes by peaceful means, without resorting to
the threat or use of force''. Yet, in September 2010, tensions
were raised in the East China Sea off of the Senkaku
(Diaoyutai) Islands, a territory under the legal administration
of Japan, when a Chinese fishing vessel deliberately rammed
Japanese Coast Guard patrol boats.
(7) The Government of the People's Republic of China
deliberately heightened these tensions by making a series of
diplomatic protests, including on one occasion summoning the
Japanese Ambassador after midnight, by threatening ``further
repercussions'' if Japan did not immediately release the
Chinese ship captain involved in the collisions, and by
encouraging anti-Japanese demonstrations in Chinese cities.
(8) On February 25, 2011, a frigate from China's navy fired
shots at 3 fishing boats from the Philippines.
(9) On March 2, 2011, the Government of the Philippines
reported that two patrol boats from China attempted to ram one
of its surveillance ships.
(10) On May 26, 2011, a maritime security vessel from China
cut the cables of an exploration ship from Vietnam, the Binh
Minh, in the South China Sea in waters near Cam Ranh Bay in the
exclusive economic zone of Vietnam.
(11) On May 31, 2011, three Chinese military vessels used
guns to threaten the crews of four Vietnamese fishing boats
while they were fishing in the waters of the Truong Sa
(Spratly) archipelago.
(12) On June 3, 2011, Vietnam's Foreign Ministry released a
statement that ``Vietnam is resolutely opposed to these acts by
China that seriously violated the sovereign and jurisdiction
rights of Viet Nam to its continental shelf and Exclusive
Economic Zone (EEZ).''.
(13) On June 9, 2011, three vessels from China, including
one fishing vessel and two maritime security vessels, ran into
and disabled the cables of another exploration ship from
Vietnam, the Viking 2, in the exclusive economic zone of
Vietnam.
(14) On June 13-14, 2011, the Government of Vietnam held a
live-fire military exercise on the uninhabited island of Hon
Ong, 25 miles off the coast of Vietnam in the South China Sea.
(15) On June 25, 2011, Chinese Peoples' Liberation Army
Major General (Ret.) Peng Guangqian stated in a television
interview that ``China once taught Vietnam a lesson. If Vietnam
is not sincere, it will receive a bigger lesson'', adding that
``If Vietnam continues to act tough, play with the knife,
sooner or later it will get cut.''.
(16) On June 26, 2011, the Chinese news agency Xinhua
announced that China and Vietnam had agreed to hold talks on
how to resolve conflicts arising from a sovereignty dispute
over the South China Sea after a June 25 meeting in Beijing
between Dai Bingguo, the senior Chinese official in charge of
foreign affairs, and Vietnamese Vice Foreign Minister and
Special Envoy Ho Xuan Son.
(17) It was reported, on June 17, 2011, that the
Philippines removed a string of wooden markers that Manila
determined was placed by China in disputed areas of the South
China Sea amid growing regional tensions.
(18) On June 23, 2011, Secretary of State Hillary Rodham
Clinton told visiting Philippines Foreign Secretary Albert del
Rosario that ``We are determined and committed to supporting
the defense of the Philippines.''.
(19) Philippines Foreign Secretary del Rosario stated that
the Philippines is a small country, but is ``prepared to do
what is necessary to stand up to any aggressive action in our
backyard''.
(20) The United States, on June 23, 2011, stated that it
was ready to provide hardware to modernize the military of the
Philippines.
(21) The United States and the Philippines conducted
combined naval exercises in the Sulu Sea, near the South China
Sea, from June 28 to July 8, 2011.
(22) On June 17, 2011, China dispatched one of its largest
patrol ships, the Haixun 31, on a voyage through disputed areas
of the South China Sea in a deliberate show of force en route
to a port of call in Singapore.
(23) China's official media stated that the sailing route
of the Haixun 31 in the South China Sea was determined to
protect its ``rights and sovereignty''.
(24) A spokesperson for Singapore's Ministry of Foreign
Affairs pointed out, on June 20, 2011, that ``as a major
trading nation, Singapore has a critical interest in anything
affecting freedom of navigation in all international sea lanes,
including those in the South China Sea''.
(25) Singapore further urged China to clarify its claims in
the South China Sea with more precision as the current
ambiguity as to their extent has caused serious concerns in the
international maritime community.
(26) The actions of the Government of the People's Republic
of China in the South China Sea have also affected United
States military and maritime vessels transiting through
international air space and waters, including the collision of
a fighter plane of China with a United States surveillance
plane in 2001, the harassment of the USNS Impeccable in March
2009, and the collision of a Chinese submarine with the sonar
cable of the USS John McCain in June 2009.
(27) In July 2010, People's Daily, the official newspaper
of the Chinese Communist Party, reported that General Ma
Xiaotian, deputy chief of the general staff of the People's
Liberation Army, said that China ``strongly opposed'' combined
naval exercises to be conducted in the West (Yellow) Sea by the
United States and the Republic of Korea.
(28) These exercises were to be conducted in international
waters, as well as Republic of Korea territorial waters, in the
vicinity of the site of the March 2010 North Korean torpedo
attack on the South Korean military vessel Cheonan, which
resulted in 46 deaths.
(29) These exercises were to include participation by the
USS George Washington aircraft carrier group.
(30) In July 2010, Chinese Major General Luo Yuan, a
researcher at the Chinese Academy of Military Sciences, in an
interview with a Hong Kong TV station, stressed the importance
of the Yellow Sea as ``a gateway to China's capital region''
and said that ``if a U.S. aircraft carrier enters the Yellow
Sea, it will become a living target''.
(31) On July 23, 2010, Secretary of State Hillary Rodham
Clinton stated at the Association of Southeast Asian Nations
Regional Forum that ``the United States, like every nation, has
a national interest in freedom of navigation, open access to
Asia's maritime commons, and respect for international law in
the South China Sea''.
(32) Secretary Clinton further expressed the support of the
United States for the Declaration by the Association of
Southeast Asian Nations and China in 2002 on the Conduct of
Parties in the South China Sea, and stated, ``The United States
supports a collaborative diplomatic process by all claimants
for resolving the various territorial disputes without
coercion.''.
(33) On October 12, 2010, former Secretary of Defense
Robert Gates stated at the ASEAN Defense Ministers Meeting-
Plus, ``The U.S. position on maritime security remains clear:
we have a national interest in freedom of navigation; in
unimpeded economic development and commerce; and in respect for
international law.''. Former Secretary Gates further maintained
``The United States has always exercised our rights and
supported the rights of others to transit through, and operate
in, international waters.''.
(34) On June 4, 2011, at the Shangri-La Dialogue in
Singapore, former Secretary Gates stated that ``maritime
security remains an issue of particular importance for the
region, with questions about territorial claims and the
appropriate use of the maritime domain presenting on-going
challenges to regional stability and prosperity''.
(35) On June 5, 2011, at the Shangri-La Dialogue, Liang
Guanglie, the Defense Minister from China, said, ``China is
committed to maintaining peace and stability in the South China
Sea.''.
(36) On June 14, 2011, Hong Lei, the spokesman for the
Chinese Foreign Ministry, stated that ``China always upholds
and has been committed to a proper resolution of differences
and disputes over the South China Sea in a peaceful manner
through bilateral direct negotiation and friendly consultation
with relevant countries.''.
(37) On June 22, 2011, Chinese Vice Foreign Minister Cui
Tiankai told reporters, in reference to the South China Sea
disputes, that ``I believe the individual countries are
actually playing with fire, and I hope the fire will not be
drawn to the United States.''.
(38) On June 29, 2011, the Defense Ministry of the People's
Republic of China stated that ``Recent drills by the Chinese
navy are routine and not connected to the situation in the
South China Sea'', further calling for people to view the
exercises in a ``rational'' way.
(39) On April 8, 2012, a Philippine plane spotted eight
Chinese fishing boats in the vicinity of the Scarborough Shoal,
which both countries claim.
(40) A Philippine coast guard cutter and two Chinese
maritime surveillance craft began a tense 10-day standoff, with
the Philippine vessel, citing the upcoming typhoon season,
withdrawing but the Chinese ships remained in the area.
Moreover, China constructed barriers to prevent Philippine
vessels from entering the Scarborough Shoal where it was
reported that Chinese flags were raised.
(41) A Chinese foreign ministry spokesman condemned a long-
planned joint military exercise between the U.S. and the
Philippines in April, saying ``The major trend of the times in
this region is peace and development. Military exercise does
not represent the major call of the times.''.
(42) In June of 2012, Vietnam passed a law claiming
sovereignty over the Paracel and Spratly Islands and called for
mutual respect for international law.
(43) China quickly criticized the law, with a foreign
ministry statement calling it a ``serious violation of China's
territorial sovereignty'' and that China expressed its
``resolute and vehement opposition''.
(44) In June of 2012, China's cabinet, the State Council,
approved the establishment of a prefecture-level government in
the city of Sansha to oversee the areas claimed by China in the
South China Sea.
(45) On June 23, 2012, the China National Offshore Oil
Corporation invited bids for oil exploration in areas within
200 nautical miles of the continental shelf and exclusive
economic zone of Vietnam.
(46) On June 28, 2012, the Chinese Defense Ministry
announced that military authorities were considering
establishing a military presence in the prefecture capitol of
Sansha.
(47) Also on June 28, Chinese military press spokesman
Senior Colonel Geng Yansheng announced that the PLA had begun
``regular, combat-ready patrols'' in the South China Sea.
(48) On July 11, 2012, Chinese patrol ships were spotted
near the disputed Senkaku (Diaoyutai) Islands in the East China
Sea.
(49) When the Japanese coast guard told the Chinese ships
to leave, the crew told them, ``We are conducting official duty
in Chinese waters. Do not interfere. Leave China's territorial
waters.''.
(50) Japan's Vice Foreign Minister Kenichrio Sasae called
the exchange ``extremely serious'' and ``unacceptable,'' and a
government spokesperson was quoted as saying, ``It is clear
that historically and legally Senkaku is an inherent territory
of Japan.''.
(51) At the July 2012 ASEAN Regional Forum (ARF), Secretary
Clinton said, ``We believe the nations of the region should
work collaboratively and diplomatically to resolve disputes
without coercion, without intimidation, without threats, and
without the use of force.''.
(52) Although ASEAN has agreed on the elements of the Code
of Conduct (COC), China stated that it would enter negotiations
with ASEAN on the COC ``when the time is ripe''.
(53) A day following the conclusion of the ARF meeting on
July 14, 2012, a Chinese naval warship ran aground while on
patrol about 60 miles from the province of Palawan in the
Philippines on Half Moon Shoal in the disputed Spratlys.
(54) While the grounded warship was in the process of
removing itself from the Half Moon Shoal a day later, Xinhua
announced that 30 Chinese fishing boats, guarded by an official
government ship, had set sail for the South China Sea.
(55) On July 19, 2012, the Chinese Central Military
Commission approved the establishment of the ``military defense
and watch zone of Sansha'' at the division level.
(56) On July 26, 2012, China then appointed a Chief
Commander and a Political Commissar of ``the military defense
and watch zone of Sansha''.
(57) On July 23, 2012, Philippine President Benigno Aquino
III announced in his state of the nation address that the
Philippines had purchased more than 40 military aircraft,
including attack helicopters and two refurbished C-130 cargo
planes, as well as a second former U.S. Coast Guard cutter.
(58) In the nationally televised address before Congress,
President Aquino stressed that he would not back down to
Chinese pressure, saying ``I do not think it excessive to ask
that our rights be respected, just as we respect their rights
as a fellow nation in a world we need to share.''.
(59) A day earlier, on July 22, China's Central Military
Commission approved the deployment of a garrison of soldiers to
guard Chinese claims in the Spratlys, the Paracels and the
Macclesfield Bank.
(60) On July 24, 2012, China declared a new municipality on
Yongxing, or Woody Island, where the previously announced
military garrison will be stationed.
(61) A State Department spokeswoman said that the United
States is concerned about such ``unilateral moves'' and wants
to see ``all of these issues resolved at the table''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that, in light of the congressional
finding described in section 1, the Secretary of State should--
(1) reaffirm the strong support of the United States for
the peaceful resolution of maritime territorial disputes in the
South China Sea, the Taiwan Strait, the East China Sea, and the
Yellow Sea and pledge continued efforts to facilitate a
collaborative, peaceful proves to resolve these disputes;
(2) condemn the use of threat or force by naval, maritime
security, and fishing vessels from China in the South China Sea
and the East China Sea as well as the use of force by China's
North Korean ally in the Yellow Sea;
(3) note that overt threats and gun boat diplomacy are not
constructive means for settling these outstanding maritime
disputes;
(4) call on all parties to these territorial disputes to
refrain from threatening force or using force to assert
territorial claims;
(5) welcome the diplomatic efforts of Association of
Southeast Asian Nations (ASEAN) and the United States allies
and partners in Taiwan, Japan, and the Republic of Korea to
amiably and fairly resolve these outstanding disputes; and
(6) support the continuation of operations by the United
States Armed Forces in support of freedom of navigation rights
in international waters and air space in the South China Sea,
the East China Sea, the Taiwan Strait, and the Yellow Sea. | Expresses the sense of Congress that the Secretary of State should: (1) reaffirm U.S. support for the peaceful resolution of maritime territorial disputes in the South China Sea, the East China Sea, the Taiwan Strait, and the Yellow Sea; (2) condemn the use of force by China in the South China and East China Seas and by China's North Korean ally in the Yellow Sea; (3) call on all parties to these territorial disputes to refrain from threatening force or using force to assert territorial claims; (4) welcome the diplomatic efforts of Association of Southeast Asian Nations (ASEAN) and U.S. allies and partners in Taiwan, Japan, and the Republic of Korea to resolve these outstanding disputes; and (5) support U.S. Armed Forces operations in support of freedom of navigation rights in international waters and air space in the South China Sea, the East China Sea, the Taiwan Strait, and the Yellow Sea. | {"src": "billsum_train", "title": "To promote peaceful and collaborative resolution of maritime territorial disputes in the South China Sea and its environs and other maritime areas adjacent to the East Asian mainland."} | 3,654 | 196 | 0.534532 | 1.538994 | 0.814971 | 7.402235 | 20.055866 | 0.988827 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Commission on
Telemedicine Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the Presidential
Commission on Telemedicine (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES.
The Commission shall carry out the following duties:
(1) Conduct a full and complete review and study of the use
of telecommunications and information systems technologies--
(A) in the provision of health care and in the
performance of health research--
(i) to perform examinations and procedures,
and to conduct consultations, relating to the
diagnosis and treatment of illnesses, injuries,
and other physical and mental conditions; and
(ii) to archive, access, and transmit data
that is necessary or appropriate to perform or
conduct such examinations, procedures, and
consultations;
(B) in the training of students of health
professions and the continuing education of practicing
health care providers; and
(C) in the monitoring of medical conditions by
individuals at home.
(2) Assess whether such technologies are effective in
improving the quality and accessibility of health care and
reducing the costs of such care.
(3) Examine methods by which training in the use of
telecommunications and information systems technologies in the
delivery of health care might be improved.
(4) Analyze any obstacles that may impede such technologies
from being widely used and accepted by health care providers in
the United States.
(5) Develop a model definition of the term ``telemedicine''
that may be used by health care providers, persons that provide
payment for health care services, and other participants in the
health care system.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 31
members. The Commission shall consist of the following members:
(1) The Vice President of the United States or such
individual's delegate.
(2) The Secretary of Defense or such individual's delegate.
(3) The Secretary of Commerce or such individual's
delegate.
(4) The Secretary of Health and Human Services or such
individual's delegate.
(5) The Secretary of Energy or such individual's delegate.
(6) 26 individuals appointed by the President from among
individuals who are consumers of health care services or are
distinguished in the field of biomedical engineering, computer
science, telecommunications, medicine, nursing, health care
law, administration of health care, health education, or
business.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Vacancies.--A vacancy in the Commission shall be filled not
later than 30 days after the date of the creation of the vacancy in the
manner in which the original appointment was made.
(d) Compensation.--
(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Quorum.--16 members of the Commission shall constitute a
quorum, but a lesser number may hold hearings, take testimony, or
receive evidence.
(f) Chairperson.--The Vice President (or such individual's
delegate) shall be the chairperson of the Commission.
(g) Meetings.--The Commission shall meet at the call of the
chairperson of the Commission or a majority of its members.
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a director appointed by
the Commission and paid at a rate not to exceed the minimum rate of
basic pay payable for GS-13 of the General Schedule.
(b) Staff.--The Commission may appoint and fix the pay of
additional personnel as it considers appropriate, except that an
individual so appointed may not receive pay in excess of the maximum
rate of basic pay payable for GS-11 of the General Schedule.
(c) Applicability of Certain Civil Service Laws.--The director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except as
provided in subsections (a) and (b).
(d) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal agency may detail, on a nonreimbursable basis, any
of the personnel of the agency to the Commission to assist it in
carrying out its duties under this Act.
(e) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the minimum annual rate of basic pay payable for GS-13 of
the General Schedule.
(f) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
administrative support services necessary for the Commission to carry
out its responsibilities under this Act.
SEC. 6. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action that the
Commission is authorized to take by this section.
(c) Information.--
(1) In general.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry
out this Act. Upon request of the Commission, the head of the
Federal agency shall furnish the information to the Commission.
(2) Exception.--Paragraph (1) shall not apply to any
information that the Commission is prohibited to secure or
request by another law.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORT.
Not later than the expiration of the 1-year period beginning on the
date of the appointment of the last member of the Commission to be
appointed under section 4(a), the Commission shall submit to the
President and the Congress a report containing the findings,
conclusions, and recommendations of the Commission.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the expiration of the
60-day period beginning on the date on which the Commission submits its
report under section 7.
SEC. 9. BUDGET COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
651(c)(2)(A))) authorized by this title shall be effective only to such
extent or in such amounts as are provided in appropriation Acts. | Presidential Commission on Telemedicine Act - Establishes the Presidential Commission on Telemedicine, which shall review and study the use of telecommunications and information systems technologies in: (1) the provision of health care and the performance of health research; (2) the training of students of health professions and the continuing education of practicing health care providers; and (3) the monitoring of medical conditions by individuals at home.
Requires the Commission to: (1) assess whether such technologies are effective in improving the quality and accessibility of health care and reducing its cost; (2) examine methods by which training in the use of telecommunications and information systems technologies in the delivery of health care might be improved; (3) analyze any obstacles that may impede the wide use and acceptance of such technologies by health care providers; and (4) develop a model definition of the term "telemedicine."
Requires a final report to the President and the Congress. | {"src": "billsum_train", "title": "Presidential Commission on Telemedicine Act"} | 1,618 | 190 | 0.696252 | 2.072587 | 0.835728 | 4.415301 | 8.202186 | 0.939891 |
OF DISAPPROVAL OF
PROPOSED CONTRACTS.
(a) Terms of Resolution.--For purposes of this section, the term
``joint resolution'' means only a joint resolution which is introduced
within the 5 legislative days beginning on the date on which the head
of an agency submits a notification to Congress under section 2(a)
and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``That Congress disapproves the proposed contract as
submitted by ___ on ___, and such contract may not be
awarded.'' (the blank spaces being filled in with the
appropriate agency head and date); and
(3) the title of which is as follows: ``Joint resolution
disapproving proposed contract submitted by ___ on ___.'' (the
blank spaces being filled in with the appropriate agency head
and date).
(b) Discharge.--If the committee to which a resolution described in
subsection (a) is referred has not reported such resolution (or an
identical resolution) by the end of the period of 10 legislative days
beginning on the date on which the agency submits the notification
under section 2(a), such committee shall be, at the end of such period,
discharged from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the House
involved.
(c) Consideration.--
(1) On or after the third day after the date on which a
joint resolution is reported or discharged from committee
pursuant to subsection (b), it is in order (even though a
previous motion to the same effect has been disagreed to) for
any Member of the respective House to move to proceed to the
consideration of the resolution. A Member may make the motion
only on the day after the calendar day on which the Member
announces to the House concerned the Member's intention to make
the motion. All points of order against the resolution (and
against consideration of the resolution) are waived. The motion
is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is
not subject to amendment, or to a motion to postpone, or to a
motion to proceed to the consideration of other business. A
motion to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to proceed
to the consideration of the resolution is agreed to, the
respective House shall immediately proceed to consideration of
the joint resolution without intervening motion, order, or
other business, and the resolution shall remain the unfinished
business of the respective House until disposed of.
(2) Debate on the resolution, and on all debatable motions
and appeals in connection therewith, shall be limited to not
more than 2 hours, which shall be divided equally between those
favoring and those opposing the resolution. An amendment to the
resolution is not in order. A motion further to limit debate is
in order and not debatable. A motion to postpone, or a motion
to proceed to the consideration of other business, or a motion
to recommit the resolution is not in order. A motion to
reconsider the vote by which the resolution is agreed to or
disagreed to is not in order.
(3) Immediately following the conclusion of the debate on a
resolution described in subsection (a) and a single quorum call
at the conclusion of the debate if requested in accordance with
the rules of the appropriate House, the vote on final passage
of the resolution shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating
to a resolution described in subsection (a) shall be decided
without debate.
(d) Consideration by Other House.--
(1) If, before the passage by one House of a resolution of
that House described in subsection (a), that House receives
from the other House a resolution described in subsection (a),
then the following procedures shall apply:
(A) The resolution of the other House shall not be
referred to a committee and may not be considered in
the House receiving it except in the case of final
passage as provided in subparagraph (B)(ii).
(B) With respect to a resolution described in
subsection (a) of the House receiving the resolution--
(i) the procedure in that House shall be
the same as if no resolution had been received
from the other House; but
(ii) the vote on final passage shall be on
the resolution of the other House.
(2) Upon disposition of the resolution received from the
other House, it shall no longer be in order to consider the
resolution that originated in the receiving House.
(e) National Emergency.--In the case of a national emergency
declared by the President, with respect to any contract subject to this
Act for which the President determines there are urgent and compelling
circumstances requiring the award of the contract without waiting for
the expiration of the period of 30 legislative days under section 2(b),
the President may award the contract using procedures other than
competitive procedures pursuant to the authority provided in paragraphs
(2) and (6) of section 2304(c) of title 10, United States Code (in the
case of a defense contract) or paragraphs (2) and (6) of section 303(c)
of title III of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(c) (in the case of contracts other than defense
contracts).
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) an exercise of the rulemaking power of the Senate and
House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House. | Contract Accountability for Taxpayers Savings Act - Requires Federal agencies to submit to Congress notification of any contracts in amounts greater than $1 million that are proposed to be awarded using procedures other than competitive procedures.
Prohibits any agency from awarding such a contract before the expiration of 30 legislative days after submission of the notification.
Sets forth procedures for congressional consideration of a joint resolution of disapproval of a proposed contract. | {"src": "billsum_train", "title": "To require agencies to submit to Congress any contracts in amounts greater than $1,000,000 that are proposed to be awarded using noncompetitive procedures."} | 1,356 | 95 | 0.461913 | 1.16528 | 1.002672 | 1.371795 | 17.012821 | 0.75641 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Distracted Driving
Prevention Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Distracted driving incentive grants.
Sec. 3. Distracted driving national education program.
Sec. 4. Research and data collection.
Sec. 5. Research program.
Sec. 6. FCC report on distracted driving technology.
Sec. 7. Provision of information to States.
Sec. 8. Commercial motor vehicles and school buses.
Sec. 9. Funding.
SEC. 2. DISTRACTED DRIVING INCENTIVE GRANTS.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
``413. Distracted driving incentive grants
``(a) In General.--The Secretary shall make a grant under this
section to any State that enacts and implements a statute that meets
the requirements of subsections (b) and (c) of this section.
``(b) Prohibition on Texting While Driving.--A State statute meets
the requirements of this subsection if the statute--
``(1) prohibits the use of a personal wireless
communications device by a driver for texting while driving;
``(2) makes violation of the statute a primary offense;
``(3) establishes--
``(A) a minimum fine for a first violation of the
statute; and
``(B) increased fines for repeat violations; and
``(4) provides increased civil and criminal penalties than
would otherwise apply if a vehicle accident is caused by a
driver who is using such a device in violation of the statute.
``(c) Prohibition on Handheld Cellphone Use While Driving.--A State
statute meets the requirements of this subsection if the statute--
``(1) prohibits a driver from holding a personal wireless
communications device to conduct a telephone call while
driving;
``(2) allows the use of hands-free devices that enable a
driver, other than a driver who has not attained the age of 18,
to initiate, conduct, or receive a telephone call without
holding the device;
``(3) makes violation of the statute a primary offense;
``(4) requires distracted driving issues to be tested as
part of the State driver's license examination;
``(5) establishes--
``(A) a minimum fine for a first violation of the
statute; and
``(B) increased fines for repeat violations; and
``(6) provides increased civil and criminal penalties than
would otherwise apply if a vehicle accident is caused by a
driver who is using such a device in violation of the statute.
``(d) Permitted Exceptions.--A statute that meets the requirements
of subsections (b) and (c) may provide exceptions for--
``(1) use of a personal wireless communications device by a
driver to contact emergency services;
``(2) manipulation of such a device by a driver to
activate, deactivate, or initialize the hands-free
functionality of the device;
``(3) use of a personal wireless communications device by
emergency services personnel while operating an emergency
services vehicle and engaged in the performance of their duties
as emergency services personnel; and
``(4) use of a device by an individual employed as a
commercial motor vehicle driver, or a school bus driver, within
the scope of such individual's employment if such use is
permitted under the regulations promulgated pursuant to section
31152 of title 49.
``(e) Grant Year.--The Secretary shall make a grant under this
section to a State in any year in which the State--
``(1) enacts a law that meets the requirements of
subsections (b) and (c) before July 1; or
``(2) maintains a statute, that meets the requirements of
subsections (b) and (c), enacted in a previous year that is in
effect through June 30th of the grant year.
``(f) Disbursement and Apportionment.--Grants to qualifying States
shall be disbursed after July 1 each year according to the
apportionment criteria of section 402(c).
``(g) Use of Grant Funds.--A State that receives a grant under this
section--
``(1) shall use at least 50 percent of the grant--
``(A) to educate and advertise to the public
information about the dangers of texting or using a
cellphone while driving;
``(B) for traffic signs that notify drivers about
the distracted driving law of the State;
``(C) for law enforcement of the distracted driving
law; or
``(D) for a combination of such uses; and
``(2) may use up to 50 percent of the grant for other
projects that improve traffic safety and that are consistent
with the criteria in section 402(a).
``(h) Definitions.--In this section:
``(1) Driving.--The term `driving' means operating a motor
vehicle on a public road, including operation while temporarily
stationary because of traffic, a traffic light or stop sign, or
otherwise. It does not include operating a motor vehicle when
the vehicle has pulled over to the side of, or off, an active
roadway and has stopped in a location where it can safely
remain stationary.
``(2) Hands-free device.--The term `hands-free device'
means a device that allows a driver to use a personal wireless
communications device to initiate, conduct, or receive a
telephone call without holding the personal wireless
communications device.
``(3) Personal wireless communications device.--The term
`personal wireless communications device' means a device
through which personal wireless services (as defined in section
332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted. It does not include a global
navigation satellite system receiver used for positioning,
emergency notification, or navigation purposes.
``(4) Primary offense.--The term `primary offense' means an
offense for which a law enforcement officer may stop a vehicle
solely for the purpose of issuing a citation in the absence of
evidence of another offense.
``(5) Public road.--The term `public road' has the meaning
given that term in section 402(c).
``(6) Texting.--The term `texting' means reading from or
manually entering data into a personal wireless communications
device, including doing so for the purpose of SMS texting, e-
mailing, instant messaging, or engaging in any other form of
electronic data retrieval or electronic data communication.''.
(b) Conforming Amendment.--The table of contents for chapter 4 of
title 23, United States Code, is amended by adding at the end the
following:
``413. Distracted driving incentive grants.''.
SEC. 3. DISTRACTED DRIVING NATIONAL EDUCATION PROGRAM.
(a) In General.--The Administrator of the National Highway Traffic
Safety Administration shall establish and administer a program under
which at least 2 high-visibility education and advertising campaigns
related to distracted driving will be carried out for the purpose
specified in subsection (b) for fiscal years 2010 and 2011.
(b) Purpose.--The purpose of an education and advertising campaign
under this section shall be to educate the public about the risks
associated with distracted driving, including those associated with--
(1) texting (as defined in section 413(h)(6) of title 23,
United States Code) while driving; and
(2) the use of personal wireless communications devices (as
defined in section 413(h)(3) of that title) while driving.
(c) Advertising.--The Administrator may use, or authorize the use
of, funds available to carry out this section to pay for the
development, production, publication, and broadcast of electronic and
print media advertising in carrying out traffic safety education and
advertising campaigns under this section. The Administrator--
(1) shall give consideration to advertising directed at
non-English speaking populations, including those who listen,
read, or watch nontraditional media; and
(2) may use a portion of the funds available for this
program to target local jurisdictions that have enacted laws
prohibiting texting or the use of personal wireless
communications devices while driving.
(d) Coordination With States.--The Administrator may coordinate
with the States to carry out the education and advertising campaigns
under this section to coincide with high-visibility enforcement of
State laws prohibiting texting while driving or the use of personal
wireless communications devices while driving.
(e) Annual Evaluation.--The Administrator shall conduct an annual
evaluation of the effectiveness of the education and advertising
campaigns under this section, and report the results to the Senate
Committee on Commerce, Science, and Transportation, and the House of
Representatives Committee on Energy and Commerce.
SEC. 4. RESEARCH AND DATA COLLECTION.
(a) In General.--Section 408(e)(2) of title 23, United States Code,
is amended to read as follows:
``(2) Data on use of electronic devices.--
``(A) The model data elements required under
paragraph (1) shall include data elements, as
determined appropriate by the Secretary, in
consultation with the States and appropriate elements
of the law enforcement community, on the impact on
traffic safety of the use of electronic devices while
driving.
``(B) In order to meet the requirements of
subparagraph (A), State and local governments shall--
``(i) require that official vehicle
accident investigation reports include a
designated space to record whether or not the
use of a personal wireless communications
device (as defined in section 413(h)(3)) was in
use at the time of the accident by any driver
involved in the accident;
``(ii) require that all law enforcement
officers, as part of a vehicle accident
investigation, inquire about and record the
information required by clause (i); and
``(iii) incorporate the information
collected under clause (i) into its traffic
safety information system.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to grants under section 408 of title 23, United
States Code, for fiscal years beginning after fiscal year 2010.
SEC. 5. RESEARCH PROGRAM.
(a) In General.--The Secretary of Transportation shall establish a
research program to study distracted driving by passenger and
commercial vehicle drivers.
(b) Scope.--The program shall include studies of--
(1) driver behavior;
(2) vehicle technology; and
(3) portable electronic devices that are commonly brought
into passenger or commercial vehicles.
(c) Research Agreements.--
(1) In general.--In carrying out this section the Secretary
may grant research contracts to non-governmental entities to
study distracted driving.
(2) Limitations.--The Secretary may not grant a research
contract under this section to any person that produces or
sells--
(A) electronic equipment that is used in vehicles;
(B) portable electronic equipment commonly brought
into passenger or commercial vehicles; or
(C) passenger or commercial vehicles.
SEC. 6. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.
Within 180 days after the date of enactment of this Act, the
Federal Communications Commission shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce that identifies--
(1) data the Commission can collect and analyze that will
assist in understanding and reducing the problem of distracted
driving involving the use of personal communications devices;
(2) existing and developing wireless communications
technology that may be used to reduce problems associated with
distracted driving; and
(3) existing authority that the Commission may use to
assist in reducing those problems.
SEC. 7. PROVISION OF INFORMATION TO STATES.
Section 30105 of title 49, United States Code, shall not apply to
providing government-sponsored research and highway safety data, or
providing technical assistance, relating to legislative proposals
addressing the dangers or potential dangers of--
(1) texting while driving a passenger vehicle, school bus,
or commercial vehicle; or
(2) the use of personal wireless communications devices (as
defined in section 413(h)(3) of title 23, United States Code)
while driving a passenger vehicle, school bus, or commercial
vehicle.
SEC. 8. COMMERCIAL MOTOR VEHICLES AND SCHOOL BUSES.
(a) In General.--Subchapter III of chapter 311 of title 49, United
States Code, is amended by adding at the end the following:
``31152. Regulation of the use of distracting devices in commercial
motor vehicles and school buses
``(a) In General.--No later than 1 year after the enactment of the
Distracted Driving Prevention Act of 2009, the Secretary of
Transportation shall prescribe regulations on the use of electronic or
wireless devices, including cell phones and other distracting devices,
by an individual employed as the operator of--
``(1) a commercial motor vehicle while that individual is
engaged in the performance of such individual's duties as the
operator of the commercial motor vehicle; or
``(2) a school bus (as defined in section 30125(a)(1)) that
is a commercial motor vehicle (as defined in section
31301(4)(A)) while that individual is engaged in the
performance of such individual's duties as the operator of the
school bus.
``(b) Basis for Regulations.--The Secretary shall base the
regulations required by subsection (a) on accident data analysis, the
results of ongoing research, and other information, as appropriate.
``(c) Prohibited Use.--The Secretary shall prohibit the use of such
devices in circumstances in which the Secretary determines that their
use interferes with the driver's safe operation of a school bus or
commercial motor vehicle.
``(d) Permitted Use.--Under the regulations, the Secretary may
permit the use of a device, the use of which is prohibited under
subsection (c), if the Secretary determines that such use is necessary
for the safety of the driver or the public in emergency
circumstances.''.
(b) Conforming Amendment.--The table of contents for chapter 311 of
title 49, United States Code, is amended by inserting after the item
relating to section 31151 the following:
``31152. Regulation of the use of distracting devices in commercial
motor vehicles and school buses.''.
SEC. 9. FUNDING.
Section 2001(a) of Public Law 109-59 is amended--
(1) by striking ``and'' in paragraph (4);
(2) by striking ``2009.'' in paragraph (4) and inserting
``2009, $94,500,000 for fiscal year 2010, and $94,500,000 for
fiscal year 2011. If any amount of the funds authorized by this
paragraph has not been allocated to States meeting the criteria
of section 406 of title 23, United States Code, by July 1 of a
fiscal year beginning after fiscal year 2009, the unallocated
amount shall be allocated to States meeting the criteria of
section 413 of that title.''; and
(3) by redesignating paragraph (11) as paragraph (12) and
inserting after paragraph (10) the following:
``(11) Distracted driving program.--For carrying out
section 3 of the Distracted Driving Prevention Act of 2009,
$30,000,000 for each of fiscal years 2010 and 2011.''. | Distracted Driving Prevention Act of 2010 - (Sec. 2) Directs the Secretary of Transportation to make grants beginning FY2011 to states that enact laws that prohibit, with certain exceptions, and establish fines for texting and/or handheld cellphone use while driving.
Requires a state that receives a grant to allocate: (1) at least 50% to educate and advertise to the public about the dangers of texting or using a cellphone while driving as well as enforce the distracted driving law; and (2) up to 50% for other traffic safety improvement projects.
(Sec. 3) Directs the Administrator of the National Highway Traffic Safety Administration (NHTSA) to administer a distracted driving national education program with at least two high-visibility education and advertising campaigns for FY2011 and FY2012.
(Sec. 4) Revises requirements directing states and local governments that receive NHTSA grants to collect certain data elements regarding vehicle crash causation. Requires such governments to: (1) require the recording in official vehicle accident investigation reports of whether a personal wireless communications device was in use at the time of an accident, (2) require that all law enforcement officers inquire about and record the use of such a device, and (3) incorporate the information into its traffic safety information system.
(Sec. 5) Requires the Secretary to establish a research program to study distracted driving by passenger and commercial vehicle drivers. Authorizes the Secretary to grant research contracts for this purpose to nongovernmental entities.
(Sec. 6) Directs the the Federal Communications Commission (FCC) to report to Congress on existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving.
(Sec. 7) Makes an exception to the prohibition against lobbying by NHTSA of state or local legislators to allow NHTSA to provide states with government-sponsored research and highway safety data or technical assistance relating to legislative proposals addressing the potential dangers of texting and cell phone use.
(Sec. 8) Requires the Secretary to: (1) prescribe regulations on the use of electronic or wireless devices, including cell phones and other distracting devices, by operators of commercial motor vehicles and school buses; and (2) prohibit their use in circumstances where it interferes with the driver's safe operation of the vehicles.
(Sec. 9) Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to earmark for the distracted driving national education program $7.5 million from unused FY2010 funds for safety belt performance grants to states.
(Sec. 10) Directs the Secretary to initiate a rulemaking proceeding to prescribe a federal motor vehicle safety standard to prohibit electronic screens in cars from displaying visual entertainment that is visible to the driver while driving. Allows, however, electronic screens that display information or images regarding vehicle operation, vehicle surroundings, communications systems, and navigation systems. | {"src": "billsum_train", "title": "A bill to establish a program to reduce injuries and deaths caused by cellphone use and texting while driving."} | 3,379 | 634 | 0.650424 | 1.96611 | 0.716657 | 2.922801 | 5.732496 | 0.872531 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Accounting Fairness Act of
1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Financial Accounting Standards Board was
established in 1972 as a private sector body to establish and
improve financial accounting principles.
(2) In 1973, the Securities and Exchange Commission, which
is statutorily empowered to prescribe accounting principles to
be used in financial statements filed with the Securities and
Exchange Commission and otherwise used pursuant to the Federal
securities laws, established a presumption that financial
statements that do not comply with financial accounting
principles promulgated by the Financial Accounting Standards
Board would be misleading and therefore in violation of those
laws.
(3) Since 1973, financial accounting principles established
by the Financial Accounting Standards Board accordingly have
generally had the full force and effect of Securities and
Exchange Commission regulations.
(4) Questions have been raised as to whether under these
circumstances persons aggrieved by a Financial Accounting
Standards Board pronouncement of financial accounting
principles would have the right to judicial review thereof, and
whether such pronouncements must comply with statutory and
other requirements applicable to the promulgation of Securities
and Exchange Commission.
(5) Congress believes it appropriate to provide that, under
these circumstances, such promulgations by the Financial
Accounting Standards Board are covered by statutory and other
requirements relating to the adoption of regulations by the
Securities and Exchange Commission, including provisions
relating to judicial review and provisions, among other things,
requiring that the Commission consider whether proposed
regulations would promote efficiency, competition, and capital
formation.
SEC. 3. AVAILABILITY OF JUDICIAL REVIEW.
Section 19 of the Securities Exchange Act of 1934 (15 U.S.C. 78s)
is amended--
(1) by adding at the end of the heading of such section the
following: ``; oversight of accounting principles''; and
(2) by adding at the end the following new subsection:
``(j) Review of Financial Accounting Principles.--
``(1) Express approval of accounting principles required.--
The Commission shall not treat any proposed accounting
principle of any accounting standards board as a generally
accepted accounting principle for purposes of any financial
statement, report, or other document required under any of the
securities laws unless such proposed accounting principle has
been approved by the Commission in accordance with the
requirements of this subsection. The Commission shall not treat
any such statement, report, or document as being without
substantial authoritative support because of the failure of
such statement, report, or document to comply with any proposed
accounting principle until such proposed accounting principle
has been approved by the Commission in accordance with the
requirements of this subsection, or the Commission has
otherwise expressly provided by rule or regulation.
``(2) Review of accounting principles.--Each accounting
standards board shall file with the Commission, in accordance
with such rules as the Commission may prescribe, copies of any
proposed accounting principle or any proposed change in,
addition to, or deletion from the accounting principles of such
board (hereinafter in this subsection collectively referred to
as a `proposed accounting principle') accompanied by a concise
general statement of the basis and purpose of such proposed
accounting principle. The Commission shall, upon the filing of any
proposed accounting principle, publish notice thereof together with the
terms of substance of the proposed accounting principle or a
description of the subjects and issues involved. The Commission shall
give interested persons a reasonable opportunity to submit written
data, views, and arguments concerning such proposed accounting
principle.
``(3) Procedure for review.--Within 35 days of the date of
publication of notice of the filing of a proposed accounting
principle in accordance with paragraph (2) of this subsection,
or within such longer period as the Commission may designate up
to 90 days of such date if it finds such longer period to be
appropriate and publishes its reasons for so finding or as to
which the accounting standards board consents, the Commission
shall--
``(A) by order approve such proposed accounting
principle, or
``(B) institute proceedings to determine whether
the proposed accounting principle should be
disapproved.
Such proceedings shall include notice of the grounds for
disapproval under consideration and opportunity for hearing and
be concluded within 180 days of the date of publication of
notice of the filing of the proposed accounting principle. At
the conclusion of such proceedings the Commission, by order,
shall approve or disapprove such proposed accounting principle.
The Commission may extend the time for conclusion of such
proceedings for up to 60 days if it finds good cause for such
extension and publishes its reasons for so finding or for such
longer period as to which the accounting standards board
consents. The Commission shall not approve any proposed
accounting principle prior to the 30th day after the date of
publication of notice of the filing thereof, unless the
Commission finds good cause for so doing and publishes its
reasons for so finding.
``(4) Grounds for approval.--The Commission shall approve a
proposed accounting principle of a board if it finds that such
proposed accounting principle is consistent with the public
interest and the protection of investors. The Commission shall
disapprove a proposed accounting principle of a board if it
does not make such finding. In determining whether such
proposed accounting principle is consistent with the public
interest, the Commission shall also consider, in addition to
the protection of investors, whether the principle will promote
efficiency, competition, and capital formation. The Commission
shall not approve a proposed accounting principle that would
impose a burden on competition not necessary or appropriate in
furtherance of the purposes of this title.
``(5) Consultation with banking agencies.--In reviewing any
proposed accounting principle that will apply to any persons
subject to examination by or reporting requirements of a
Federal banking agency, the Commission shall consult with and
consider the views of each such Federal banking agency. If a
Federal banking agency comments in writing on a proposed
accounting principle that has been published for comment, the
Commission shall respond in writing to such written comment
before approving or disapproving the proposed accounting
principle. The Commission shall, at the request of a Federal
banking agency, publish such comment and response in the
Federal Register at the time of approving or disapproving the
proposed accounting principle.
``(6) Agency record.--At the time of filing any proposed
accounting principle under paragraph (2), an accounting
standards board shall submit to the Commission the record of
its proceedings in connection with such principle. Such record
shall include all written comments or statements filed with the
accounting standards board with respect to the proposed
accounting principle and all written communications between the
accounting standards board and any person relating to the
proposed accounting principle. The Commission, in reviewing a
proposed accounting principle, shall keep in a public file and
make available for copying the record submitted by the
accounting standards board and all written statements filed
with the Commission with respect to the proposed accounting
principle and all written communications between the Commission
and any person relating to the proposed accounting principle.
The Commission shall not be required to keep in a public file
or make available for copying any such statement or
communication that it may withhold from the public in
accordance with section 552 of title 5, United States Code.
``(7) Judicial review available.--Any proposed accounting
principle that the Commission has approved under paragraph (4)
shall, for purposes of section 25 of this title, be considered
to be a rule of the Commission promulgated pursuant to this
section.
``(8) Definitions.--For purposes of this subsection:
``(A) Proposed accounting principle.--
``(i) Accounting principle.--The term
`accounting principle' means a statement or
interpretation of a standard or concept of, or
guidance with respect to, financial accounting
or reporting, but does not include any
technical bulletin, discussion memorandum,
invitation to comment, special or research
report, or response to an inquiry or other
request.
``(ii) Proposed accounting principle.--The
term `proposed accounting principle' means an
accounting principle that has been formally
adopted or ratified by the standard-setting
body of an accounting standards board.
``(B) Accounting standards board.--The term
`accounting standards board' means an accounting
standards-setting organization whose principles are,
pursuant to rules or regulations of the Commission,
treated by Commission as generally accepted accounting
principles for purposes of any financial statement,
report, or other document required to be filed under
any of the securities laws.
``(C) Federal banking agency.--The term `Federal
banking agency' has the meaning provided in section
3(z) of the Federal Deposit Insurance Act (12 U.S.C.
1813(z)).
``(9) Effective Date.--The provisions of this subsection
shall apply with respect to any accounting principle that is
formally adopted or ratified by the standard-setting body of an
accounting standards board on or after January 1, 1998.''. | Financial Accounting Fairness Act of 1998 - Amends the Securities Exchange Act of 1934 to prescribe guidelines under which the Securities and Exchange Commission (SEC) must review and approve accounting principles proposed by an accounting standards board as a prerequisite to SEC treatment of: (1) such proposals as generally accepted accounting principles; and (2) industry financial statements as being non-compliant with generally accepted accounting principles.
Includes within such guidelines: (1) SEC consideration of investor protection, and the promotion of efficiency, competition, and capital formation; (2) SEC consultation with Federal banking agencies; (3) a public file of the record engendered by a proposed accounting principle; and (4) the availability of judicial review. | {"src": "billsum_train", "title": "Financial Accounting Fairness Act of 1998"} | 1,878 | 144 | 0.583748 | 1.628035 | 0.702506 | 2.546099 | 13.113475 | 0.886525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joint Counterterrorism Awareness
Workshop Series Act of 2017''.
SEC. 2. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES.
(a) In General.--Title V of the Homeland Security Act (6 U.S.C. 311
et seq.) is amended by adding at the end the following new section:
``SEC. 529. JOINT COUNTERTERRORISM AWARENESS WORKSHOP SERIES.
``(a) In General.--The Administrator, in consultation with the
Director of the National Counterterrorism Center and the Director of
the Federal Bureau of Investigation, shall establish a Joint
Counterterrorism Awareness Workshop Series (in this section referred to
as the `Workshop Series') to address emerging terrorist threats and to
enhance the ability of State and local jurisdictions to prevent,
protect against, respond to, and recover from terrorist attacks.
``(b) Purpose.--The Workshop Series established under subsection
(a) shall include the following components:
``(1) Reviewing existing preparedness, response, and
interdiction plans, policies, and procedures related to
terrorist attacks of the participating jurisdictions and
identifying gaps in such plans, operational capabilities,
response resources, and authorities.
``(2) Identifying Federal, State, and local resources
available to address the gaps identified in accordance with
paragraph (1).
``(3) Providing assistance, through training, exercises,
and other means, to build or sustain, as appropriate, the
capabilities to close such identified gaps.
``(4) Examining the roles and responsibilities of
participating agencies and respective communities in the event
of a terrorist attack.
``(5) Improving situational awareness and information
sharing among all participating agencies in the event of a
terrorist attack.
``(6) Identifying and sharing best practices and lessons
learned from each Workshop Series established under subsection
(a).
``(c) Designation of Participating Cities.--The Administrator shall
select jurisdictions to host a Workshop Series from those cities that--
``(1) are currently receiving, or that previously received,
funding under section 2003; and
``(2) have requested to be considered.
``(d) Workshop Series Participants.--Individuals from State and
local jurisdictions and emergency response providers in cities
designated under subsection (c) shall be eligible to participate in the
Workshop Series, including the following:
``(1) Senior elected and appointed officials.
``(2) Law enforcement.
``(3) Fire and Rescue.
``(4) Emergency management.
``(5) Emergency Medical Services.
``(6) Public health officials.
``(7) Private sector representatives.
``(8) Other participants as deemed appropriate by the
Administrator.
``(e) Reports.--
``(1) Workshop series report.--The Administrator, in
consultation with the Director of the National Counterterrorism
Center, the Director of the Federal Bureau of Investigation,
and officials from the city in which a Workshop Series is held,
shall develop and submit to all of the agencies participating
in such Workshop Series a report after the conclusion of each
such Workshop Series that addresses the following:
``(A) Key findings about lessons learned and best
practices from each such Workshop Series.
``(B) Potential mitigation strategies and resources
to address gaps identified during each such Workshop
Series.
``(2) Annual reports.--Not later than 1 year after the date
of the enactment of this section and annually thereafter for
the next 5 years, the Administrator, in consultation with the
Director of the National Counterterrorism Center and the
Director of the Federal Bureau of Investigation, shall submit
to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a comprehensive summary
report of the key themes, lessons learned, and best practices
identified during the Workshop Series held during the previous
year.
``(f) Authorization.--There is authorized to be appropriated
$1,000,000 for each of fiscal years 2018 through 2022 to carry out this
section.''.
(b) 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 528 the following new item:
``Sec. 529. Joint Counterterrorism Awareness Workshop Series.''.
Passed the House of Representatives September 14, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Joint Counterterrorism Awareness Workshop Series Act of 2017 (Sec. 2) This bill amends the Homeland Security Act to direct the Federal Emergency Management Agency (FEMA) to establish a Joint Counterterrorism Awareness Workshop Series to address emerging terrorist threats and to enhance the ability of state and local jurisdictions to prevent, protect against, respond to, and recover from terrorist attacks. The workshop series shall include: reviewing terrorism preparedness, response, and interdiction plans, policies, and procedures of the participating jurisdictions and identifying gaps in such plans, operational capabilities, response resources, and authorities; identifying federal, state, and local resources available to address such gaps; providing assistance to build or sustain the capabilities to close such gaps; examining the roles and responsibilities of participating agencies and respective communities in the event of a terrorist attack; improving situational awareness and information sharing among all participating agencies in the event of such an attack; and identifying and sharing best practices and lessons learned from each workshop series. FEMA shall select jurisdictions to host a workshop series from cities that have received or are receiving funding under the Urban Area Security Initiative and have requested to be considered. Individuals from state and local jurisdictions and emergency response providers in cities selected shall be eligible to participate in the series. FEMA must report, each year for the next six years, to all participating agencies and to Congress regarding key findings or themes, lessons learned, and best practices identified. | {"src": "billsum_train", "title": "Joint Counterterrorism Awareness Workshop Series Act of 2017"} | 967 | 297 | 0.770932 | 2.275528 | 0.911397 | 4.996416 | 3.311828 | 0.910394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Growth and Financial
Stabilization Act of 2008''.
SEC. 2. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND
CORPORATIONS.
(a) Zero Percent Capital Gains Rate for Individuals.--
(1) In general.--Paragraph (1) of section 1(h) of the
Internal Revenue Code of 1986 is amended by striking
subparagraph (C), by redesignating subparagraphs (D) and (E)
and subparagraphs (C) and (D), respectively, and by amending
subparagraph (B) to read as follows:
``(B) 0 percent of the adjusted net capital gain
(or, if less, taxable income);''.
(2) Alternative minimum tax.--Paragraph (3) of section
55(b) of such Code is amended by striking subparagraph (C), by
redesignating subparagraph (D) as subparagraph (C), and by
amending subparagraph (B) to read as follows:
``(B) 0 percent of the adjusted net capital gain
(or, if less, taxable excess), plus''.
(3) Repeal of sunset of reduction in capital gains rates
for individuals.--Section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 shall not apply to section 301 of
such Act.
(b) Zero Percent Capital Gains Rate for Corporations.--
(1) In general.--Section 1201 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (b) as
subsection (c), and by striking subsection (a) and inserting
the following new subsections:
``(a) General Rule.--If for any taxable year a corporation has a
net capital gain, then, in lieu of the tax imposed by sections 11, 511,
821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax
is less than the tax imposed by such sections) which shall consist of
the sum of--
``(1) a tax computed on the taxable income reduced by the
amount of the net capital gain, at the rates and in the manner
as if this subsection had not been enacted,
``(2) 0 percent of the adjusted net capital gain (or, if
less, taxable income),
``(3) 25 percent of taxable income in excess of the sum of
the amounts on which tax is determined under the preceding
paragraphs of this subsection.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) In general.--The term `adjusted net capital gain'
shall have the meaning given such term in section 1(h).
``(2) Dividends taxed at net capital gain.--Except as
otherwise provided in this section, the term `net capital gain'
has the meaning given such term in section 1(h)(11).''.
(2) Alternative minimum tax.--Section 55(b) of such Code is
amended by adding at the end the following new paragraph:
``(4) Maximum rate of tax on net capital gain of
corporations.--The amount determined under paragraph (1)(B)(i)
shall not exceed the sum of--
``(A) the amount determined under such paragraph
computed at the rates and in the same manner as if this
paragraph had not been enacted on the taxable excess
reduced by the net capital gain, plus
``(B) the amount determined under section 1201.''.
(3) Technical amendments.--
(A) Section 1445(e)(1) of such Code is amended by
striking ``35 percent (or, to the extent provided in
regulations, 15 percent)'' and inserting ``0 percent''.
(B) Section 1445(e)(2) of such Code is amended by
striking ``35 percent'' and inserting ``0 percent''.
(C) Section 7518(g)(6)(A) of such Code is amended
by striking ``15 percent (34 percent in the case of a
corporation)'' and inserting ``0 percent''.
(D) Section 607(h)(6)(A) of the Merchant Marine
Act, 1936 is amended by striking ``15 percent (34
percent in the case of a corporation)'' and inserting
``0 percent''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after the date of the enactment of this Act.
(2) Withholding.--The amendments made by subparagraphs (A)
and (B) of subsection (b)(3) shall take apply to dispositions
and distributions after the date of the enactment of this Act.
SEC. 3. REDUCTION IN TOP CORPORATE MARGINAL RATE.
(a) In General.--Paragraph (1) of section 11(b) of the Internal
Revenue Code of 1986 is amended--
(1) by adding ``and'' at the end of subparagraph (A),
(2) by striking `` but does not exceed $75,000,'' in
subparagraph (B) and inserting a period,
(3) by striking subparagraphs (C) and (D), and
(4) by striking ``$11,750'' and all that follows and
inserting ``$5,000.''.
(b) Conforming Amendments.--
(1) Section 11(b)(2) of such Code is amended by striking
``35 percent'' and inserting ``28 percent''.
(2) Section 833(b)(1)(A) of such Code is amended by
striking ``25 percent'' and inserting ``20 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. DISTRESSED ASSETS LOAN FUND.
(a) Establishment.--There is established in the Department of the
Treasury a Distressed Assets Loan Fund (hereafter in this section
referred to as the ``Fund'') under the control of the Secretary of the
Treasury for the purpose of making loans available to depository
institutions with distressed assets at low rates of interest under
terms prescribed by the Secretary and in a manner provided in the
regulations prescribed under subsection (b).
(b) Regulations.--The Secretary shall prescribe regulations to
define terms used in this section and establish an administration for
the Fund.
SEC. 5. INCREASE IN MAXIMUM AMOUNT OF DEPOSIT INSURANCE AND SHARE
INSURANCE.
(a) Standard Maximum Deposit Insurance Amount Increased.--Section
11(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is
amended--
(1) in subparagraph (E), by striking ``$100,000'' and all
that follows through the end of the subparagraph and inserting
``$250,000.''; and
(2) in subparagraph (F)(i)(I), by striking ``$100,000'' and
inserting ``$250,000''.
(b) Standard Maximum Share Insurance Amount Increased.--Section
207(k)(5) of the Federal Credit Union Act (12 U.S.C. 1787(k)(5)) is
amended by striking ``$100,000'' and inserting ``$250,000''.
SEC. 6. GAIN OR LOSS FROM SALE OR EXCHANGE OF CERTAIN PREFERRED STOCK.
(a) In General.--For purposes of the Internal Revenue Code of 1986,
gain or loss from the sale or exchange of any applicable preferred
stock by any applicable financial institution shall be treated as
ordinary income or loss.
(b) Applicable Preferred Stock.--For purposes of this section, the
term ``applicable preferred stock'' means any stock--
(1) which is preferred stock in--
(A) the Federal National Mortgage Association,
established pursuant to the Federal National Mortgage
Association Charter Act (12 U.S.C. 1716 et seq.), or
(B) the Federal Home Loan Mortgage Corporation,
established pursuant to the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1451 et seq.), and
(2) which--
(A) was held by the applicable financial
institution on September 6, 2008, or
(B) was sold or exchanged by the applicable
financial institution on or after January 1, 2008, and
before September 7, 2008.
(c) Applicable Financial Institution.--For purposes of this
section:
(1) In general.--Except as provided in paragraph (2), the
term ``applicable financial institution'' means--
(A) a financial institution referred to in section
582(c)(2) of the Internal Revenue Code of 1986, or
(B) a depository institution holding company (as
defined in section 3(w)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(w)(1))).
(2) Special rules for certain sales.--In the case of--
(A) a sale or exchange described in subsection
(b)(2)(B), an entity shall be treated as an applicable
financial institution only if it was an entity
described in subparagraph (A) or (B) of paragraph (1)
at the time of the sale or exchange, and
(B) a sale or exchange after September 6, 2008, of
preferred stock described in subsection (b)(2)(A), an
entity shall be treated as an applicable financial
institution only if it was an entity described in
subparagraph (A) or (B) of paragraph (1) at all times
during the period beginning on September 6, 2008, and
ending on the date of the sale or exchange of the
preferred stock.
(d) Special Rule for Certain Property Not Held on September 6,
2008.--The Secretary of the Treasury or the Secretary's delegate may
extend the application of this section to all or a portion of the gain
or loss from a sale or exchange in any case where--
(1) an applicable financial institution sells or exchanges
applicable preferred stock after September 6, 2008, which the
applicable financial institution did not hold on such date, but
the basis of which in the hands of the applicable financial
institution at the time of the sale or exchange is the same as
the basis in the hands of the person which held such stock on
such date, or
(2) the applicable financial institution is a partner in a
partnership which--
(A) held such stock on September 6, 2008, and later
sold or exchanged such stock, or
(B) sold or exchanged such stock during the period
described in subsection (b)(2)(B).
(e) Regulatory Authority.--The Secretary of the Treasury or the
Secretary's delegate may prescribe such guidance, rules, or regulations
as are necessary to carry out the purposes of this section.
(f) Effective Date.--This section shall apply to sales or exchanges
occurring after December 31, 2007, in taxable years ending after such
date. | Economic Growth and Financial Stabilization Act - Amends the Internal Revenue Code to prescribe a 0% capital gains rate for individuals.
Revises the formula for: (1) the alternative tax for corporations to prescribe a 0% capital gains rate; and (2) the ordinary income tax for corporations by eliminating the two tax rate brackets above 25% and reducing the maximum amount of tax imposed.
Establishes in the Department of the Treasury a Distressed Assets Loan Fund under the control of the Secretary of the Treasury to make loans available at low rates of interest to depository institutions with distressed assets.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to increase from $100,000 to $250,000 the maximum amount of deposit insurance and share insurance, respectively.
Treats gain or loss from the sale or exchange of any applicable preferred stock by any applicable financial institution as ordinary income or loss. | {"src": "billsum_train", "title": "To enhance economic growth and promote the stability of the financial system of the United States, and for other purposes."} | 2,463 | 186 | 0.447309 | 1.148479 | 0.777048 | 3.80814 | 12.55814 | 0.901163 |
SECTION 1. INCLUSION OF ALL BANKING AGENCIES.
(a) In General.--The second sentence of section 18(f)(1) of the
Federal Trade Commission Act (15 U.S.C. 57a(f)(1)) is amended--
(1) by striking ``The Board of Governors of the Federal
Reserve System (with respect to banks) and the Federal Home
Loan Bank Board (with respect to savings and loan institutions
described in paragraph (3))'' and inserting ``Each Federal
banking agency (with respect to the depository institutions
each such agency supervises)''; and
(2) by inserting ``in consultation with the Commission''
after ``shall prescribe regulations''.
(b) FTC Concurrent Rulemaking.--Section 18(f)(1) of such Act is
further amended by inserting after the second sentence the following:
``Such regulations shall be prescribed jointly by such agencies to the
extent practicable. Notwithstanding any other provision of this
section, whenever such agencies commence such a rulemaking proceeding,
the Commission, with respect to the entities within its jurisdiction
under this Act, may commence a rulemaking proceeding and prescribe
regulations in accordance with section 553 of title 5, United States
Code. If the Commission commences such a rulemaking proceeding, the
Commission, the Federal banking agencies, and the National Credit Union
Administration Board shall consult and coordinate with each other so
that the regulations prescribed by each such agency are consistent with
and comparable to the regulations prescribed by each other such agency
to the extent practicable.''.
(c) GAO Study and Report.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General shall transmit to
Congress a report on the status of regulations of the Federal banking
agencies and the National Credit Union Administration regarding unfair
and deceptive acts or practices by the depository institutions.
(d) Technical and Conforming Amendments.--Section 18(f) of the
Federal Trade Commission Act (15 U.S.C. 57a(f)) is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``banks or savings and loan
institutions described in paragraph (3), each agency
specified in paragraph (2) or (3) of this subsection
shall establish'' and inserting ``depository
institutions and Federal credit unions, the Federal
banking agencies and the National Credit Union
Administration Board shall each establish''; and
(B) by striking ``banks or savings and loan
institutions described in paragraph (3), subject to its
jurisdiction'' before the period and inserting
``depository institutions or Federal credit unions
subject to the jurisdiction of such agency or Board'';
(2) in the sixth sentence of paragraph (1) (as amended by
subsection (b))--
(A) by striking ``each such Board'' and inserting
``each such banking agency and the National Credit
Union Administration Board'';
(B) by striking ``banks or savings and loan
institutions described in paragraph (3)'' each place
such term appears and inserting ``depository
institutions subject to the jurisdiction of such
agency'';
(C) by striking ``(A) any such Board'' and
inserting ``(A) any such Federal banking agency or the
National Credit Union Administration Board''; and
(D) by striking ``with respect to banks, savings
and loan institutions'' and inserting ``with respect to
depository institutions'';
(3) by adding at the end of paragraph (1) the following new
sentence: ``For purposes of this subsection, the terms `Federal
banking agency' and `depository institution' have the same
meaning as in section 3 of the Federal Deposit Insurance
Act.'';
(4) in paragraph (2)(C), by inserting ``than'' after
``(other'';
(5) in paragraph (3), by inserting ``by the Director of the
Office of Thrift Supervision'' before the period at the end;
(6) in paragraph (4), by inserting ``by the National Credit
Union Administration'' before the period at the end; and
(7) in paragraph (6), by striking ``the Board of Governors
of the Federal Reserve System'' and inserting ``any Federal
banking agency or the National Credit Union Administration
Board''.
Passed the House of Representatives December 5, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Amends the Federal Trade Commission Act to transfer to each federal banking agency, with respect to depository institutions it supervises, the authority to prescribe regulations governing unfair or deceptive practices by banks and savings and loan institutions currently vested in the Board of Governors of the Federal Reserve System (with respect to banks) and the Federal Home Loan Bank Board (with respect to savings and loan institutions).
Requires the federal banking agencies to prescribe such regulations: (1) jointly to the extent practicable; and (2) in consultation with the Federal Trade Commission (FTC).
Authorizes the FTC, with respect to entities within its jurisdiction, to commence a rulemaking proceeding and prescribe regulations whenever such banking agencies commence a rulemaking proceeding.
Requires the FTC, whenever it commences such a rulemaking proceeding, to consult and coordinate with the federal banking agencies and the National Credit Union Administration (NCUA) Board so that the regulations prescribed by each such agency are consistent with and comparable to the regulations prescribed by the agencies to the extent practicable.
Instructs the Comptroller General to report to Congress on the status of regulations of the federal banking agencies and the NCUA regarding unfair and deceptive acts or practices by depository institutions. | {"src": "billsum_train", "title": "To include all banking agencies within the existing regulatory authority under the Federal Trade Commission Act with respect to depository institutions, and for other purposes."} | 955 | 261 | 0.708448 | 2.198517 | 0.901842 | 4.478261 | 3.934783 | 0.921739 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computer Security Enhancement and
Research Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The National Institute of Standards and Technology has
responsibility for developing standards and guidelines needed
to ensure the cost-effective security and privacy of sensitive
information in Federal computer systems.
(2) The application of best security practices developed by
the National Institute of Standards and Technology is important
for protecting sensitive, but unclassified, information
controlled by Federal agencies.
(3) The Federal Government has an important role in
supporting research and education activities needed to ensure
the security of future networked information systems in both
the public and private sectors.
(4) Technology, including applications of cryptography,
exists that can be readily provided by private sector companies
to ensure the confidentiality, authenticity, and integrity of
information in electronic form associated with public and
private activities.
(5) The development and use of encryption technologies by
industry should be driven by market forces rather than by
Government-imposed requirements.
(b) Purposes.--The purposes of this Act are to--
(1) establish research programs focused on improving the
security of networked information systems;
(2) promote the development of a vigorous academic research
community engaged in leading edge research on computer and
communications security;
(3) reinforce the role of the National Institute of
Standards and Technology in ensuring the security of
unclassified information in Federal computer systems; and
(4) promote technology solutions based on private sector
offerings to protect the security of Federal computer systems.
SEC. 3. RESEARCH ON THE SECURITY OF NETWORKED INFORMATION SYSTEMS.
The National Institute of Standards and Technology Act is amended--
(1) by moving section 22 to the end of the Act and
redesignating it as section 32; and
(2) by inserting after section 21 the following new
section:
``research program
``Sec. 22. (a) Establishment.--The Director shall establish a
program to support research at institutions of higher education (where
the term ``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), for-profit research organizations, or consortia of such
institutions, to improve the security of networked information systems.
The program shall--
``(1) include multidisciplinary, long-term, high-risk
research;
``(2) include directed research to address needs identified
through the activities of the Computer System Security and
Privacy Advisory Board under section 20(e)(2) of this Act; and
``(3) promote the development of a substantial academic
research community working at the leading edge of knowledge in
subject areas relevant to the security of networked information
systems.
``(b) Fellowships.--(1) In order to help meet the requirement of
subsection (a)(3), the Director shall provide support for post-doctoral
research fellowships and for senior research fellowships. Support for
such fellowships shall be made available through research projects
funded under the program established by subsection (a) and through a
separate fellowship program described in paragraph (2) of this
subsection. Senior fellowships shall be made available for established
researchers who seek to change research fields and pursue studies
related to the security of networked information systems.
``(2) The Director is authorized to establish a program to award
post-doctoral research fellowships and senior research fellowships to
individuals seeking research positions at institutions, including the
Institute, engaged in research activities related to the security of
networked information systems. To be eligible for an award under this
paragraph, an individual shall submit an application to the Director at
such time, in such manner, and containing such information as the
Director may require.
``(3) Under this subsection, the Director is authorized to provide
stipends for senior research fellowships at levels consistent with
support for a faculty member in a sabbatical position and post-doctoral
research fellowships at the level of the Institute's Post Doctoral
Research Fellowship Program.
``(c) Awards; Applications.--The Director is authorized to award
grants or cooperative agreements to institutions of higher education to
carry out the program established under subsection (a). To be eligible
for such an award, an institution of higher education shall submit an
application to the Director at such time, in such manner, and
containing such information as the Director may require. The
application shall include a description of--
``(1) the number of graduate students anticipated to
participate in the research project and the level of support to
be provided to each;
``(2) the number of post-doctoral research fellowships
included under the project and the level of support to be
provided to each; and
``(3) the number of senior research fellows anticipated to
participate in the research project and the level of support to
be provided to each.
The Director shall ensure that a major consideration for making such
awards shall be the emphasis and commitment demonstrated by the
application to meeting the program requirement specified by subsection
(a)(3).
``(d) Program Managers.--The Director shall designate employees of
the Institute to serve as program managers for the program established
under subsection (a). Program managers so designated shall be
responsible for--
``(1) establishing broad research goals for the program and
publicizing the goals to the academic research community;
``(2) soliciting applications for specific research
projects to address the goals developed under paragraph (1);
``(3) selecting research projects for support under the
program from among applications submitted to the Institute,
following consideration of--
``(A) the novelty and scientific and technical
merit of the proposed projects;
``(B) the demonstrated capabilities of the
individual or individuals submitting the applications
to successfully carry out the proposed research; and
``(C) other criteria determined by the Director,
based on information specified for inclusion in
applications under subsection (c); and
``(4) monitoring the progress of research projects
supported under the program.
``(e) Review of Program.--(1) The Director shall--
``(A) provide for periodic reviews by the senior staff of
the Institute of the portfolio of research awards monitored by
each program manager designated in accordance with subsection
(d); and
``(B) seek the advice of the Computer System Security and
Privacy Advisory Board, established under section 21, on the
appropriateness of the research goals and on the quality and
relevance of research projects managed by program managers in
accordance with subsection (d).
``(2) The Director shall also contract with the National Research
Council for a comprehensive review of the program established under
subsection (a) during the 5th year of the program. Such review shall
include an assessment of the scientific quality of the research
conducted, the relevance of the research results obtained to the goals
of the program, and the progress of the program in promoting the
development of a substantial academic research community working at the
leading edge of knowledge in the field. The Director shall submit to
Congress a report on the results of the review under this paragraph no
later than six years after the initiation of the program.''.
SEC. 4. INTRAMURAL SECURITY RESEARCH.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) As part of the research activities conducted in accordance
with subsection (b)(4), the Institute shall--
``(1) conduct research to address emerging technologies
associated with composing a networked computer system from
components while ensuring it maintains desired security
properties; and
``(2) carry out multidisciplinary, long-term, high-risk
research on ways to improve the security of networked
information systems.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for the National Institute of Standards and Technology--
(1) for activities under section 22 of the National
Institute of Standards and Technology Act, as added by section
3 of this Act, $25,000,000 for fiscal year 2003, $40,000,000
for fiscal year 2004, $55,000,000 for fiscal year 2005,
$70,000,000 for fiscal year 2006, $85,000,000 for fiscal year
2007, and such sums as may be necessary for fiscal years 2008
through 2012; and
(2) for activities under section 20(d) of the National
Institute of Standards and Technology Act, as added by section
4 of this Act, $5,000,000 for fiscal year 2003, $5,200,000 for
fiscal year 2004, $5,400,000 for fiscal year 2005, $5,600,000
for fiscal year 2006, and $5,800,000 for fiscal year 2007.
SEC. 6. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND INFORMATION.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by
inserting after subsection (d), as added by section 4 of this Act, the
following new subsection:
``(e)(1) The Institute shall solicit the recommendations of the
Computer System Security and Privacy Advisory Board, established by
section 21, regarding standards and guidelines that are being
considered for submittal to the Secretary in accordance with subsection
(a)(4). The recommendations of the Board shall accompany standards and
guidelines submitted to the Secretary.
``(2) There are authorized to be appropriated to the Secretary
$1,030,000 for fiscal year 2002 and $1,060,000 for fiscal year 2003 to
enable the Computer System Security and Privacy Advisory Board,
established by section 21, to identify emerging issues, including
research needs, related to computer security, privacy, and cryptography
and to convene public meetings on those subjects, receive
presentations, and publish reports, digests, and summaries for public
distribution on those subjects.''. | Computer Security Enhancement and Research Act of 2001 - Amends the National Institute of Standards and Technology Act to require the Director of the National Institute of Standards and Technology (NIST) to: (1) establish a program to support research at institutions of higher education, for-profit research institutions, or consortia of such institutions, to improve the security of networked information systems; (2) provide support for post-doctoral research fellowships and senior research fellowships in such areas; and (3) contract with the National Research Council for a comprehensive review of such program during its fifth year.Requires NIST to solicit recommendations of the Computer System Security and Privacy Board regarding Federal computing systems standards and guidelines. | {"src": "billsum_train", "title": "To amend the National Institute of Standards and Technology Act to establish research programs to improve the security of networked information systems, to enhance the ability of the National Institute of Standards and Technology to improve computer security, and for other purposes."} | 2,094 | 148 | 0.567613 | 1.612983 | 0.752245 | 4.556391 | 15.744361 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Slave Memorial Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Millions of Africans and their descendants were
enslaved in the United States and the 13 American colonies in
the period 1619 through 1865.
(2) The American Colonies determined that economic benefit
would be derived from the import of slave labor and forthwith
became an active participant in the ``Middle Passage'' of
African slaves to its shores.
(3) Upon their arrival in North America, Africans were
considered chattel and thereby denied the privileges granted to
other immigrants.
(4) The agricultural resources of any nation are the
backbone of its subsistence and for over 250 years, millions of
unnamed African and American-born Black men, women, and
children provided the free labor that cultivated the fields
from which Americans ate and were clothed, which allowed the
dominant population to secure other interests.
(5) Slavery was a grave injustice that caused African
Americans to suffer enormous damages and losses, both material
and intangible, including the loss of human dignity and
liberty, the frustration of careers and professional lives, and
the long-term loss of income and opportunity.
(6) Slavery in the United States denied African Americans
the fruits of their own labor and was an immoral and inhumane
deprivation of life, liberty, the pursuit of happiness,
citizenship rights, and cultural heritage.
(7) Although the achievements of African Americans in
overcoming the evils of slavery stand as a source of tremendous
inspiration, the successes of slaves and their descendants do
not overwrite the failure of the Nation to grant all Americans
their birthright of equality and the civil rights that
safeguard freedom.
(8) Many African American slaves fought as valiant patriots
in the wars that helped to preserve our national freedoms,
knowing they would never be privileged to partake of the
freedoms for which they fought.
(9) African American art, history, and culture reflect
experiences of slavery and freedom, and continued struggles for
full recognition of citizenship and treatment with human
dignity, and there is inadequate presentation, preservation,
and recognition of the contributions of African Americans
within American society.
(10) There is a great need for building institutions and
monuments to promote cultural understanding of African American
heritage and further enhance racial harmony.
(11) It is proper and timely for the Congress to recognize
June 19, 1865, the historic day when the last group of slaves
were informed of their freedom, to acknowledge the historic
significance of the abolition of slavery, to express deep
regret to African Americans, and to support reconciliation
efforts.
SEC. 3. NATIONAL SLAVE MEMORIAL.
(a) In General.--The National Foundation for African American
Heritage (in this Act referred to as the ``Foundation''), in
consultation with the Secretary of the Interior, is authorized to
establish, in the District of Columbia, a memorial to slavery--
(1) to acknowledge the fundamental injustice, cruelty,
brutality, and inhumanity of slavery in the United States and
the 13 American Colonies; and
(2) to honor the nameless and forgotten men, women, and
children who have gone unrecognized for their undeniable and
weighty contribution to the United States.
(b) Location.--
(1) In general.--The memorial shall be situated in a
location that is--
(A) within the area that is referred to in the
Commemorative Works Act (40 U.S.C. 1001 et seq.) as
Area 1 and in proximity to the Lincoln Memorial; and
(B) recommended by the Secretary of the Interior
and the National Capital Memorial Commission not later
than 6 months after the date of enactment of this Act.
(2) Compliance with commemorative works act.--This Act
shall be treated as satisfying the authorization and location
approval requirements of section 6 of the Commemorative Works
Act (40 U.S.C. 1006).
(c) Design.--The Foundation, in consultation with the Secretary of
the Interior, and the National Capital Memorial Commission shall--
(1) not later than 6 months after the date of enactment of
this Act, begin soliciting proposals for the design of the
memorial from architects; and
(2) not later than 2 years after the date of enactment of
this Act, select a design for the memorial from the proposals
submitted to the Secretary.
(d) Funding.--
(1) In general.--The Secretary of the Interior, in
coordination with the Director of the Smithsonian Institution,
may accept donations of any necessary funds from the Foundation
and other private sector sources to design, construct, and
maintain the memorial.
(2) Account in treasury.--The Secretary shall deposit
amounts that are accepted under this subsection into a separate
account in the Treasury established for such purpose. Amounts
deposited into the account shall be available for expenditure
by the Secretary without further appropriation to carry out
this Act.
SEC. 4. REPORTS.
(a) Periodic Reports.--Not later than 6 months after the date of
enactment of this Act, and each 6 months thereafter until the
submission of a final report under subsection (b), the Secretary of the
Interior shall transmit to the Congress a report on activities with
regard to the memorial.
(b) Final Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the Congress a
final report on activities with regard to the memorial, including the
recommended design of the memorial.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subject to subsection (b), there are authorized to
be appropriated to the Secretary of the Interior such sums as may be
necessary for carrying out this Act.
(b) Limitation.--No sums may be appropriated to the Secretary for
the construction of the memorial unless at least one-half of the
estimated total cost of the construction of the memorial is donated
from private sources pursuant to section 3(d). | National Slave Memorial Act - Authorizes the National Foundation for African American Heritage to establish, in the District of Columbia, a memorial to slavery to: (1) acknowledge the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies; and (2) honor the nameless and forgotten men, women, and children who have gone unrecognized for their undeniable and weighty U.S. contribution. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to establish a memorial to slavery, in the District of Columbia."} | 1,323 | 100 | 0.492811 | 1.359223 | 1.025481 | 7.049383 | 15.17284 | 0.975309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Outsourcing and Create American
Jobs Act of 2010''.
SEC. 2. IDENTIFYING CORPORATE TAX HAVEN COUNTRIES AND INCREASING
PENALTIES FOR TAX EVASION PRACTICES IN HAVEN COUNTRIES
THAT SHIP UNITED STATES JOBS OVERSEAS.
Not later than one year after the date of the enactment of this
Act, the Secretary of the Treasury shall develop and publish a list of
countries the Secretary determines to be corporate tax haven countries.
In developing such list, the Secretary may consider the following
criteria:
(1) Tax rate in the country.
(2) Lack of effective exchange of information between
governments.
(3) Lack of transparency in financial services sector.
(4) Lack of requirements of substantial economic activity.
(5) Incentives which may encourage a United States
corporation to invest abroad rather than domestically.
(6) Other factors deemed relevant by the Secretary.
The Secretary shall review and update such list every 3 years.
SEC. 3. INCREASE IN PENALTIES FOR CORPORATE TAX EVASION PRACTICES
CONCERNING RETURNS, DOCUMENTS, AND ACTIVITIES RELATING TO
TAX HAVEN COUNTRIES.
(a) Accuracy-Related Penalty on Underpayments.--Section 6662 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(k) Increase in Penalty in Case of Tax Haven Countries.--
``(1) In general.--In the case of any portion of an
underpayment by a corporation for a taxable year which involves
an undisclosed foreign financial asset located in a tax haven
country at any time during such taxable year, subsection (a)
shall be applied with respect to such portion by substituting
`60 percent' for `20 percent'.
``(2) Tax haven country.--For purposes of this subsection,
the term `tax haven country' means a country on the list
published under section 2(a) of the Stop Outsourcing and Create
American Jobs Act of 2010.''.
(b) Understatements With Respect to Reportable Transactions.--
Section 6662A of the Internal Revenue Code of 1986 is amended by adding
at the end the following:
``(f) Increase in Penalty in Case of Tax Haven Countries.--In the
case of any portion of a reportable transaction understatement by a
corporation for a taxable year which involves a transaction that
originates, terminates, or otherwise occurs in a tax haven country (as
defined in section 6662(k)(2)), subsection (a) shall be applied with
respect to such portion by substituting `40 percent' for `20
percent'.''.
(c) Fraud Penalty.--Section 6663 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(d) Increase in Penalty in Case of Tax Haven Countries.--In the
case of any fraud by a corporation involving an activity occurring in a
tax haven country (as defined in section 6662(k)(2)), subsection (a)
shall be applied by substituting `100 percent' for `75 percent'.''.
(d) Erroneous Claim for Credit or Refund.--Section 6676 of the
Internal Revenue Code of 1986 is amended by redesignating subsection
(d) as subsection (e) and by inserting after subsection (c) the
following new subsection:
``(c) Increase in Penalty in Case of Tax Haven Countries.--In the
case of claim or credit by a corporation for any excessive amount due
for credits or refunds involving funds held or invested in a tax haven
country (as defined in section 6662(k)(2)), subsection (a) shall be
applied by substituting `40 percent' for `20 percent'.''.
(e) Willful Attempt To Evade or Defeat Tax.--Section 7201 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new sentence: ``In the case of an attempt by a corporation
which involves a tax haven country (as defined in section 6662(k)(2)),
the preceding sentence shall be applied by substituting `$1,000,000'
for `$500,000'''.
(f) Fraud and False Statements.--Section 7206 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
sentence: ``In the case of an offense by a corporation described in the
preceding sentence which involves a tax haven country (as defined in
section 6662(k)(2)), the preceding sentence shall be applied by
substituting `$1,000,000' for `$500,000'''.
(g) Fraudulent Returns, Statements, or Other Documents.--Section
7207 of the Internal Revenue Code of 1986 is amended by adding at the
end the following new sentence: ``In the case of an offense by a
corporation described in either of the two preceding sentences which
involves a tax haven country (as defined in section 6662(k)(2)), the
appropriate sentence shall be applied by substituting `$150,000' for
`$50,000'''.
(h) Effective Date.--The amendments made by this section shall
apply to--
(1) The amendments made by subsections (a) and (b) shall
apply to underpayments attributable to transactions entered
into after the date on which the list developed under section 2
is first published.
(2) The amendment made by subsection (c) shall apply to
returns the due date for which (determined without regard to
extensions) is after the date on which the list developed under
section 2 is first published.
(3) The amendment made by subsection (d) shall apply to
refunds and credits attributable to transactions entered into
after the date on which the list developed under section 2 is
first published.
(4) The amendment made by subsection (e), (f), and (g)
shall apply to offenses committed after the date on which the
list developed under section 2 is first published.
SEC. 4. PREFERENCES IN GOVERNMENT CONTRACTS.
(a) Preference.--A Federal department or agency may give a
preference in the award of a contract for the procurement of goods or
services in a fiscal year to any potential contractor that has not
engaged in outsourcing during the fiscal year preceding the fiscal year
in which the contract is awarded.
(b) Requirement To Request Outsourcing Information From Potential
Contractors.--
(1) In general.--In any solicitation for offers for a
contract issued by a Federal department or agency in a fiscal
year, the department or agency shall request each offeror for
the contract to provide information regarding whether the
offeror engaged in outsourcing during the fiscal year preceding
the fiscal year in which the contract is to be awarded.
(2) Penalty and debarment.--Any offeror found to be in
violation of paragraph (1), including making a false statement
regarding the offeror's engagement in outsourcing--
(A) shall, notwithstanding section 1001 of title
18, United States Code, be liable to the United States
for a civil penalty in an amount not more than the
value of the contract the offeror is seeking; and
(B) shall be debarred, by the head of the
department or agency soliciting the offer, from
contracting with the Federal Government for a period of
two years starting on the date on which the offeror is
found to be in violation of paragraph (1).
(3) Effective date.--This subsection shall apply to
solicitations for contracts issued on and after the date
occurring one year after the date of the enactment of this Act.
(c) Outsourcing Defined.--In this section, the term ``outsourcing''
means the laying off of a United States worker from a job, and the
hiring or contracting for the same job to be performed in a foreign
country.
SEC. 5. DEFICIT REDUCTION.
Amounts which the Secretary of the Treasury estimates are received
in the Treasury by reason of this Act are hereby set aside for the
reduction of the public debt. | Stop Outsourcing and Create American Jobs Act of 2010 - Directs the Secretary of the Treasury to develop and publish a list of countries that are tax havens for corporations.
Amends the Internal Revenue Code to increase the penalties on corporations for: (1) underpayment of tax involving an undisclosed foreign financial asset located in a tax haven country; (2) reportable transaction understatements involving transactions in a tax haven country; and (3) fraud, tax evasion, or false statements involving transactions in a tax haven country.
Grants a preference in the award of federal contracts to contractors who have not engaged in outsourcing. Defines "outsourcing" as the laying off of a U.S. worker from a job and the hiring or contracting for the same job to be performed in a foreign country.
Requires revenues generated by this Act to be set aside for the reduction of the public debt. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the identification of corporate tax haven countries and increased penalties for tax evasion practices in haven countries that ship United States jobs overseas, and for other purposes."} | 1,860 | 202 | 0.621977 | 1.82964 | 0.803745 | 3.892857 | 9.458333 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Financial Security Act of
1996''.
SEC. 2. FEDERAL CONTRIBUTIONS TO CHILD RETIREMENT ACCOUNTS.
(a) In General.--As soon as practicable after the close of each
calendar year, the Secretary of the Treasury or his delegate shall
transfer for such calendar year, from amounts in the general fund of
the Treasury not otherwise appropriated, $1,000 to the Child Retirement
Account of each individual who is an eligible child for such calendar
year.
(b) Eligible Child.--For purposes of this section, the term
``eligible child'' means, with respect to any calendar year, any
individual who, as of the close of such calendar year--
(1) is a citizen or resident alien of the United States,
and
(2) has not attained age 6.
(c) Reduction in Contribution for Children of High Income
Parents.--
(1) In general.--If, with respect to an eligible child, the
adjusted gross income of the applicable taxpayer for the
taxable year ending with or within a calendar year exceeds the
threshold amount, the $1,000 amount in subsection (a) with
respect to such child for such calendar year shall be reduced
(but not below zero) by the amount which bears the same ratio
to $1,000 as such excess bears to the phaseout range.
(2) Applicable taxpayer may make-up reduced contribution.--
If there is a reduction under this subsection in the amount
transferred under subsection (a) to the Child Retirement
Account of an eligible child for any calendar year, the
applicable taxpayer with respect to such child may (at such
time and in such manner as the Secretary may prescribe)
transfer an amount equal to the amount of such reduction to the
Child Retirement Account of such child.
(d) Children Below Age 19 as of Enactment.--
(1) In general.--In the case of an individual who, as of
the close of 1996--
(A) is a citizen or resident alien of the United
States, and
(B) has not attained age 19,
the applicable taxpayer with respect to such individual may (at
such time and in such manner as the Secretary may prescribe)
contribute to the Child Retirement Account of such child an
amount equal to the lesser of $6,000 or the product of $1,000
and the age of such child as of the close of 1996. Any
contribution under the preceding sentence may be made only
during 1997 and 1998.
(2) Reduction of contribution for children of high income
parents.--If, with respect to an individual described in
paragraph (1), the adjusted gross income of the applicable
taxpayer for the taxable year ending with or within 1997
exceeds the threshold amount, the amount otherwise determined
under paragraph (1) with respect to such individual shall be
reduced (but not below zero) by the amount which bears the same
ratio to the amount so otherwise determined as such excess
bears to the phaseout range.
(e) Definitions.--For purposes of subsections (c) and (d)--
(1) Phaseout range.--The term ``phaseout range'' means--
(A) $50,000 in the case of a joint return,
(B) $33,000 in the case of an individual who is not
married, and
(C) $25,000 in the case of a married individual
filing a separate return.
(2) Threshold amount.--The term ``threshold amount''
means--
(A) $100,000 in the case of a joint return for such
taxable year,
(B) $67,000 in the case of an individual who is not
married, and
(C) $50,000 in the case of a married individual
filing a separate return.
(3) Applicable taxpayer.--The term ``applicable taxpayer''
means, with respect to an eligible child--
(A) the taxpayer to whom a deduction is allowable
under section 151(c) of the Internal Revenue Code of
1986 for such child, or
(B) if no taxpayer is described in subparagraph
(A), such child.
SEC. 3. CHILD RETIREMENT ACCOUNTS.
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by adding at
the end the following new part:
``PART VIII--CHILD RETIREMENT ACCOUNTS
``Sec. 529. Child Retirement Accounts.
``SEC. 529. CHILD RETIREMENT ACCOUNTS.
``(a) Child Retirement Account.--For purposes of this part, the
term `Child Retirement Account' means any trust created or organized in
the United States for the exclusive benefit of the account beneficiary
but only if the written governing instrument creating the trust meets
the following requirements:
``(1) No contribution will be accepted unless it is in
cash.
``(2) The only contributions which will be accepted are--
``(A) contributions under section 2 of the
Children's Financial Security Act of 1996,
``(B) contributions of not more than $100 for each
calendar year after the calendar year in which the
account beneficiary attains age 5 and before the
calendar year in which such beneficiary attains age 19,
and
``(C) trustee-to-trustee transfers to such trust
from another Child Retirement Account of the account
beneficiary.
``(3) The assets of the trust are invested only in an
approved mutual fund.
``(4) The requirements of paragraphs (2) through (6) of
section 408(a) are met.
``(b) Tax Treatment of Accounts.--
``(1) In general.--A Child Retirement Account is exempt
from taxation under this subtitle unless such account has
ceased to be a Child Retirement Account. Notwithstanding the
preceding sentence, any such Account is subject to the taxes
imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable, etc., organizations).
``(2) Account terminations.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to Child
Retirement Accounts; except that such paragraph (4) shall not
apply to loans which are qualified special purpose
distributions.
``(c) Tax Treatment of Distributions.--
``(1) In general.--
``(A) Withholding.--The trustee of a Child
Retirement Account shall deduct and withhold from any
distribution from such Account a tax equal to 20
percent of such distribution.
``(B) No other tax.--Distributions from a Child
Retirement Account shall not be includible in gross
income.
``(C) Credit for amounts withheld only on qualified
special purpose loan distributions which are repaid.--
In the case of an amount withheld under subparagraph
(A) on a qualified special purpose distribution from a
Child Retirement Account in the form of a loan, there
shall be allowed as a credit against the tax imposed by
this subtitle for any taxable year an amount which
bears the same ratio to the amount withheld as the
principal amount of such loan which is repaid during
such taxable year bears to the total principal amount
of the loan. The credit allowed under the preceding
sentence shall be treated as a credit allowed under
subpart C of part IV of subchapter A of this chapter
and shall be allowed to the account beneficiary.
``(2) Penalty on distributions not used for qualified
purposes.--If any distribution is made from a Child Retirement
Account which is not a qualified distribution, the account
beneficiary's tax imposed by this chapter for the taxable year
in which such distribution is made shall be increased by an
amount equal to 50 percent of such distribution.
``(3) Qualified distribution.--For purposes of paragraph
(2), the term `qualified distribution' means any distribution--
``(A) made on or after the date on which the
account beneficiary attains age 59\1/2\,
``(B) made to a beneficiary (or to the estate of
the individual) on or after the death of the account
beneficiary,
``(C) attributable to the account beneficiary being
disabled (within the meaning of section 72(m)(7)), or
``(D) which is a qualified special purpose
distribution.
``(4) Qualified special purpose distribution.--For purposes
of paragraph (3), the term `qualified special purpose
distribution' means any distribution (including in the form of
a loan) from a Child Retirement Account to the account
beneficiary--
``(A) if such distribution is a qualified first-
time homebuyer distribution, or
``(B) to the extent the aggregate distributions
from the Account does not exceed the qualified higher
education expenses of the account beneficiary for the
taxable year in which received.
Such term shall not include any distribution from such an
Account during a calendar year to the extent such distribution,
when added to the amount of all prior distributions from such
Account during the calendar year and all prior calendar years,
exceeds an amount equal to 50 percent of the balance in such
Account as of the close of the prior calendar year.
``(5) Qualified first-time homebuyer distributions.--
``(A) In general.--For purposes of this subsection,
the term `qualified first-time homebuyer distribution'
means any payment or distribution received by the
account beneficiary to the extent such payment or
distribution is used by such beneficiary within a
reasonable period to pay qualified acquisition costs
with respect to a principal residence for such
beneficiary as a first-time homebuyer.
``(B) Qualified acquisition costs.--For purposes of
this paragraph, the term `qualified acquisition costs'
means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any
usual or reasonable settlement, financing, or other
closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' means any individual if
such individual (and, if married, such
individual's spouse) had no present ownership
interest in a principal residence during the 3-
year period ending on the date of acquisition
of the principal residence to which this
paragraph applies.
``(ii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iii) Date of acquisition.--The term
`date of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (A) applies is
entered into, or
``(II) on which a binding contract
to construct or reconstruct such a
principal residence is entered into.
``(6) Qualified higher education expenses.--For purposes of
this subsection--
``(A) In general.--The term `qualified higher
education expenses' means--
``(i) expenses for tuition, fees, books,
supplies, and equipment required for the
enrollment or attendance of the account
beneficiary at an eligible educational
institution (as defined in section 135(c)(3)),
and
``(ii) reasonable living expenses while
away from home while attending such
institution.
``(B) Coordination with savings bond provisions.--
The amount of qualified higher education expenses for
any taxable year shall be reduced by any amount
excludable from gross income under section 135.
``(7) Exceptions from withholding tax and penalty for
trustee-to-trustee transfers.--Paragraphs (1)(A) and (2) shall
not apply to any trustee-to-trustee transfers from a Child
Retirement Account to another Child Retirement Account of the
same account beneficiary.
``(d) Approved Mutual Fund.--For purposes of this section--
``(1) In general.--The term `approved mutual fund' means
any fund of any regulated investment company (as defined in
section 851(a)) if--
``(A) an election under section 851(b)(1) is in
effect with respect to such company, and
``(B) such fund is designated by the Federal
Retirement Thrift Investment Board for purposes of this
section.
``(2) Standards for designation.--A fund may be designated
under paragraph (1) only if the Federal Retirement Thrift
Investment Board determines that it is reasonable to expect
that not less than 75 percent of the total value of the assets
of such fund are represented by equity securities.
``(e) Certain Rules To Apply.--Rules similar to the following rules
shall apply for purposes of this section:
``(1) Section 219(f)(3) (relating to time when
contributions deemed made).
``(2) Section 408(g) (relating to community property laws).
``(3) Section 408(h) (relating to custodial accounts).
``(f) Reports.--The Secretary may require the trustee of a Child
Retirement Account to make such reports regarding such Account to the
Secretary and to the account beneficiary with respect to contributions,
distributions, and such other matters as the Secretary determines
appropriate. The reports required by this subsection shall be filed at
such time and in such manner and furnished to such individuals at such
time and in such manner as may be required by the Secretary.''
(b) Conforming Amendments.--
(1) Tax on prohibited transactions.--
(A) Section 4975 of such Code (relating to tax on
prohibited transactions) is amended by adding at the
end of subsection (c) the following new paragraph:
``(5) Special rule for child retirement accounts.--An
individual for whose benefit a Child Retirement Account (within
the meaning of section 529(a)) is established shall be exempt
from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be
taxable under this section) if, with respect to such
transaction, the account ceases to be a Child Retirement
Account by reason of the application of section 529(b)(2) to
such Account.''
(B) Paragraph (1) of section 4975(e) of such Code
is amended by striking ``or'' at the end of
subparagraph (D), by redesignating subparagraph (E) as
subparagraph (F), and by inserting after subparagraph
(D) the following new subparagraph:
``(E) a Child Retirement Account described in
section 529(a), or''.
(2) Failure to provide reports on child retirement
accounts.--Paragraph (2) of section 6693(a) of such Code is
amended by striking ``and'' at the end of subparagraph (A), by
striking the period at the end of subparagraph (B) and
inserting ``, and'', and by adding at the end the following new
subparagraph:
``(C) section 529(f) (relating to Child Retirement
Accounts).''
(3) Clerical amendment.--The table of parts for subchapter
F of chapter 1 of such Code is amended by adding at the end the
following new item:
``Part VIII. Child Retirement Accounts.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Children's Financial Security Act of 1996 -
Directs the Secretary of the Treasury or a delegate to transfer each calendar year, from the general fund of the Treasury and for each calendar year, $1,000 to the Child Retirement Account (CRA) of each eligible child. Makes eligible any individual who as of the close of such calendar year: (1) is a citizen or resident alien of the United States; and (2) has not attained age six. Allows the applicable taxpayer, in the case of children below age 19 as of the close of 1996, to contribute, during 1997 and 1998 only, to the child's CRA an amount equal to the lesser of $6,000 or the product of $1,000 and the child's age as of the close of 1996. Reduces the amount of any Federal or parental contribution for children of high-income parents, according to a phaseout range formula.
Amends the Internal Revenue Code to exempt CRAs from the income tax, but not from the tax on unrelated business income of charitable organizations. Requires the withholding of a 20 percent tax on any distribution from a CRA (although such distributions shall not be included in gross income). Provides for qualified special purpose distributions for first-time homebuying and for higher education expenses (along with a specified credit against the 20 percent distribution tax). | {"src": "billsum_train", "title": "Children's Financial Security Act of 1996"} | 3,338 | 285 | 0.692054 | 1.988633 | 0.790334 | 3.6 | 11.762264 | 0.898113 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Tax Benefit
Compliance Improvement Act''.
SEC. 2. WAIVER OF PENALTIES FOR CERTAIN FAILURES RELATING TO
INFORMATION RETURNS FOR HIGHER EDUCATION TUITION AND
RELATED EXPENSES.
(a) In General.--Section 6724 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Special Rules for Returns Related to Higher Education Tuition
and Related Expenses.--Section 6721 shall not apply to any failure by
an eligible educational institution (as defined in section 25A) to
provide the TIN of an individual described in section 6050S(b)(2)(A) on
any information return described in subsection (d)(1)(B)(xii) if the
person required to file the return certifies under penalty of perjury
that such person has complied with standards promulgated by the
Secretary for obtaining the individual's TIN, unless it is shown that
such certification is materially untrue.''.
(b) Effective Date.--The amendment made by this section shall apply
to returns filed after the date of the enactment of this Act.
SEC. 3. PAYEE STATEMENT REQUIRED TO CLAIM CERTAIN EDUCATION TAX
BENEFITS.
(a) American Opportunity Credit, Hope Scholarship Credit, and
Lifetime Learning Credit.--
(1) In general.--Subsection (g) of section 25A of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(8) Payee statement requirement.--No credit shall be
allowed under this section for any qualified tuition and
related expenses paid by the taxpayer unless--
``(A) the taxpayer has received a statement
provided under section 6050S(d) which contains the TIN
of the individual for whom a payment of qualified
tuition and related expenses was made, or
``(B) in any case in which--
``(i) the qualified tuition and related
expenses are for a course for which academic
credit is not offered by the eligible
educational institution, or
``(ii) the eligible educational institution
does not provide the taxpayer with a statement
described in subparagraph (A) with respect to
such qualified tuition and related expenses,
the taxpayer maintains a record, in such form and
manner as prescribed by the Secretary, showing the date
and amount of the expenses.''.
(2) Conforming amendment.--Paragraph (3) of section 25A(g)
of such Code is amended by adding at the end the following
flush sentence:
``For purposes of paragraph (8), a statement described in
paragraph (8)(A) which is received by such individual shall be
treated as received by such other taxpayer.''.
(b) Deduction for Qualified Tuition and Related Expenses.--
(1) In general.--Subsection (d) of section 222 of the
Internal Revenue Code of 1986 is amended by redesignating
paragraph (6) as paragraph (7) and by inserting after paragraph
(5) the following new paragraph:
``(6) Payee statement requirement.--No deduction shall be
allowed under this section for any qualified tuition and
related expenses paid by the taxpayer unless--
``(A) the taxpayer has received a statement
provided under section 6050S(d) which contains the TIN
of the individual to whom a payment of qualified
tuition and related expenses was made, or
``(B) in any case in which--
``(i) the qualified tuition and related
expenses are for a course for which academic
credit is not offered by the eligible
educational institution, or
``(ii) the eligible educational institution
does not provide the taxpayer with a statement
described in subparagraph (A) with respect to
such qualified tuition and related expenses,
the taxpayer maintains a record, in such form and
manner as prescribed by the Secretary, showing the date
and amount of the expenses.''.
(2) Conforming amendment.--Paragraph (3) of section 222(c)
of such Code is amended by adding at the end the following
sentence: ``For purposes of paragraph (6), a statement
described in paragraph (6)(A) which is received by such
individual shall be treated as received by such other
taxpayer.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Higher Education Tax Benefit Compliance Improvement Act This bill amends the Internal Revenue Code to: (1) exempt an institution of higher education from tax penalties for failure to provide the tax identification number (TIN) of a person who claims a tax credit for tuition and related expenses if such institution certifies that it has complied with standards for obtaining the TIN, and (2) disallow the American Opportunity tax credit and the tax deduction for tuition and related expenses unless the taxpayer receives a payee statement containing the TIN of the individual claiming the credit or the deduction. | {"src": "billsum_train", "title": "Higher Education Tax Benefit Compliance Improvement Act"} | 1,004 | 122 | 0.612684 | 1.608967 | 0.67486 | 1.924528 | 8.216981 | 0.886792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worksite Wellness Act of 1993''.
SEC. 2. STATEMENT OF FINDINGS.
The Congress hereby finds that--
(1) more businesses are promoting disease prevention,
healthy lifestyles, and good nutrition through wellness
programs than did so in the past;
(2) businesses can save on insurance premiums and reduce
the number of health insurance claims filed by their employees
if employees would participate in a wellness program;
(3) wellness programs lead to lower health care costs,
reduced absenteeism, increased productivity, and higher morale;
(4) one of the Healthy People 2000 national health
objectives is to have disease prevention and health promotion
programs in at least 85 percent of worksites with 50 or more
employees;
(5) a recent survey conducted by the Office of Disease
Prevention and Health Promotion reported that 81 percent of
companies with 50 or more employees had at least 1 health
promotion activity in 1992 compared with 66 percent in 1985;
and
(6) small businesses have less money to devote to employee
benefits and therefore shall be given greater incentives to
invest in wellness programs for their employees.
SEC. 3. CREDIT FOR EXPENDITURES TO IMPLEMENT HEALTH PROMOTION AND
DISEASE REDUCTION PROGRAMS.
(a) General Rule.--Subpart D of part IV of subchapter A of chapter
1 of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end thereof the following new
section:
``SEC. 45A. EXPENDITURES TO IMPLEMENT WELLNESS PROGRAMS FOR EMPLOYEES.
General Rule.--For purposes of section 38, in the case of an
eligible small employer, the amount of the wellness program credit
determined under this section for the taxable year is 50 percent of the
qualified wellness program expenses paid or incurred by the taxpayer
during the taxable year.
``(b) Limitation.--The credit determined under subsection (a) with
respect to any eligible small employer for any taxable year shall not
exceed $10,000.
``(c) Eligible Small Employer.--The term `eligible small employer'
means any employer if--
``(1) either--
``(A) the gross receipts of such employer for the
preceding taxable year did not exceed $3,500,000, or
``(B) in the case of any employer to which
subparagraph (A) does not apply, such employer employee
not more than 500 full-time employees during the
preceding taxable year, and
``(2) such employer elects the application of this section
for the taxable year.
For purposes of paragraph (1)(B), an employee shall be considered a
full-time employee if such employee is employed at least 30 hours per
week for 20 or more calendar weeks in the calendar year.
``(d) Qualified Wellness Program Expenses.--For purposes of this
section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `qualified wellness program expenses'
means the expenses paid or incurred by the taxpayer in
providing services (and other benefits) to employees under a
qualified wellness program of the taxpayer.
``(2) Depreciation allowances.--For purposes of this
subsection, depreciation allowances under section 167 shall be
treated as expenses.
``(3) Only domestic employment qualified.--Amounts may be
taken into account under paragraph (1) with respect to any
services only if such services are provided in the United
States.
``(e) Qualified Wellness Program.--For purposes of this section,
the term `qualified wellness program' means any separate written plan
of an employer for the exclusive benefit of his employees if--
``(1) such plan provides employees with 1 or more of the
following benefits:
``(A) physical fitness or sports programs,
``(B) nutrition or weight control programs,
``(C) programs to reduce use of tobacco, alcohol,
or other drugs,
``(D) mental health programs,
``(E) maternal and infant health programs,
``(F) heart disease prevention programs,
``(G) immunization programs, and
``(H) programs for clinical prevention services.
``(2) such plan benefits employees who qualify under a
classification set up by the employer and found by the
Secretary not to be discriminatory in favor of employees who
are highly compensated employees (within the meaning of section
414(q)) or their dependents, and
``(3) such plan does not provide eligible employees with a
choice between benefits under such plan and other remuneration
includible in gross income.
``(f) Special Rules.--
``(1) Application of discrimination rules.--For purposes of
subsection (e)(2), there shall be excluded from consideration
employees not included in the program who are included in a
unit of employees covered by an agreement which the Secretary
of Labor finds to be a collective bargaining agreement between
employee representatives and 1 or more employers.
``(2) Certain business practices.--For purposes of
subsection (e)(3), the business practices of the employer (as
well as the written plan) shall be taken into account.
``(3) Certain other rules made applicable.--For purpose of
this section, rules similar to the rules of paragraphs (2),
(3), (4), (5), and (6) of section 44(d) shall apply.''
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (7), by striking the period at the end of paragraph (8) and
inserting ``, plus'', and by adding at the end thereof the following
new paragraph:
``(9) in the case of an eligible small employer, the
wellness program credit determined under section 45A(a).''
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end thereof the following new subsection:
``(d) Credit for Wellness Program Expenses.--No deduction shall be
allowed for that portion of the qualified wellness program expenses (as
defined in section 45A(c)) otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit determined for
such taxable year under section 45A(a).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Worksite Wellness Act of 1993 - Amends the Internal Revenue Code to allow eligible small employers a tax credit for 50 percent of qualified wellness program expenses incurred for their employees. Makes such credit a part of the general business credit and limits it to $10,000. | {"src": "billsum_train", "title": "Worksite Wellness Act of 1993"} | 1,437 | 57 | 0.562847 | 1.352233 | 1.166495 | 2.38 | 26.66 | 0.86 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tapoco Project Licensing Act of
2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) APGI.--The term ``APGI'' means Alcoa Power Generating Inc.
(including its successors and assigns).
(2) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(3) Map.--The term ``map'' means the map entitled ``Tapoco
Hydroelectric Project, P-2169, Settlement Agreement, Appendix B,
Proposed Land Swap Areas, National Park Service and APGI'',
numbered TP514, Issue No. 9, and dated June 8, 2004.
(4) Park.--The term ``Park'' means Great Smoky Mountains
National Park.
(5) Project.--The term ``Project'' means the Tapoco
Hydroelectric Project, FERC Project No. 2169, including the
Chilhowee Dam and Reservoir in the State of Tennessee.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. LAND EXCHANGE.
(a) Authorization.--
(1) In general.--Upon the conveyance by APGI of title
acceptable to the Secretary of the land identified in paragraph
(2), the Secretary shall simultaneously convey to APGI title to the
land identified in paragraph (3).
(2) Description of land to be conveyed by apgi.--The land to be
conveyed by APGI to the Secretary is the approximately 186 acres of
land, subject to any encumbrances existing before February 21,
2003--
(A) within the authorized boundary of the Park, located
northeast of United States Highway 129 and adjacent to the APGI
power line; and
(B) as generally depicted on the map as ``Proposed Property
Transfer from APGI to National Park Service''.
(3) Description of land to be conveyed by the secretary.--The
land to be conveyed by the Secretary to APGI are the approximately
110 acres of land within the Park that are--
(A) adjacent to or flooded by the Chilhowee Reservoir;
(B) within the boundary of the Project as of February 21,
2003; and
(C) as generally depicted on the map as ``Proposed Property
Transfer from National Park Service to APGI''.
(b) Minor Adjustments to Conveyed Land.--The Secretary and APGI may
mutually agree to make minor boundary or acreage adjustments to the
land identified in paragraphs (2) and (3) of subsection (a).
(c) Opportunity To Mitigate.--If the Secretary determines that all
or part of the land to be conveyed to the Park under subsection (a) is
unsuitable for inclusion in the Park, APGI shall have the opportunity
to make the land suitable for inclusion in the Park.
(d) Conservation Easement.--The Secretary shall reserve a
conservation easement over any land transferred to APGI under
subsection (a)(3) that, subject to any terms and conditions imposed by
the Commission in any license that the Commission may issue for the
Project, shall--
(1) specifically prohibit any development of the land by APGI,
other than any development that is necessary for the continued
operation and maintenance of the Chilhowee Reservoir;
(2) authorize public access to the easement area, subject to
National Park Service regulations; and
(3) authorize the National Park Service to enforce Park
regulations on the land and in and on the waters of Chilhowee
Reservoir lying on the land, to the extent not inconsistent with
any license condition considered necessary by the Commission.
(e) Applicability of Certain Laws.--Section 5(b) of Public Law 90-
401 (16 U.S.C. 460l-22(b)), shall not apply to the land exchange
authorized under this section.
(f) Reversion.--
(1) In general.--The deed from the Secretary to APGI shall
contain a provision that requires the land described in subsection
(a)(3) to revert to the United States if--
(A) the Chilhowee Reservoir ceases to exist; or
(B) the Commission issues a final order decommissioning the
Project from which no further appeal may be taken.
(2) Applicable law.--A reversion under this subsection shall
not eliminate APGI's responsibility to comply with all applicable
provisions of the Federal Power Act (16 U.S.C. 791a et seq.),
including regulations.
(g) Boundary Adjustment.--
(1) In general.--On completion of the land exchange authorized
under this section, the Secretary shall--
(A) adjust the boundary of the Park to include the land
described in subsection (a)(2); and
(B) administer any acquired land as part of the Park in
accordance with applicable law (including regulations).
(2) National park service land.--Notwithstanding the exchange
of land under this section, the land described in subsection (a)(3)
shall remain in the boundary of the Park.
(3) Public notice.--The Secretary shall publish in the Federal
Register notice of any boundary revised under paragraph (1).
SEC. 4. PROJECT LICENSING.
Notwithstanding the continued inclusion of the land described in
section 3(a)(3) in the boundary of the Park (including any modification
made pursuant to section 3(b)) on completion of the land exchange, the
Commission shall have jurisdiction to license the Project.
SEC. 5. LAND ACQUISITION.
(a) In General.--The Secretary or the Secretary of Agriculture may
acquire, by purchase, donation, or exchange, any land or interest in
land that--
(1) may be transferred by APGI to any non-governmental
organization; and
(2) is identified as ``Permanent Easement'' or ``Term
Easement'' on the map entitled ``Tapoco Hydroelectric Project,
P-2169, Settlement Agreement, Appendix B, Proposed Land Conveyances
in Tennessee'', numbered TP616, Issue No. 15, and dated March 11,
2004.
(b) Land Acquired by the Secretary of the Interior.--The Secretary
shall--
(1) adjust the boundary of the Park to include any land or
interest in land acquired by the Secretary under subsection (a);
(2) administer any acquired land or interest in land as part of
the Park in accordance with applicable law (including regulations);
and
(3) publish notice of the adjustment in the Federal Register.
(c) Land Acquired by the Secretary of Agriculture.--
(1) Boundary adjustment.--The Secretary of Agriculture shall--
(A) adjust the boundary of the Cherokee National Forest to
include any land acquired under subsection (a);
(B) administer any acquired land or interest in land as
part of the Cherokee National Forest in accordance with
applicable law (including regulations); and
(C) publish notice of the adjustment in the Federal
Register.
(2) Management.--The Secretary of Agriculture shall evaluate
the feasibility of managing any land acquired by the Secretary of
Agriculture under subsection (a) in a manner that retains the
primitive, back-country character of the land.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Tapoco Project Licensing Act of 2004 - (Sec. 3) Instructs the Secretary of the Interior to engage in a simultaneous land exchange with Alcoa Power Generating Inc. (APGI) upon conveyance by APGI of acceptable title to certain land adjacent to the APGI power line within the Great Smoky Mountains National Park, generally depicted on the map as "proposed Property Transfer from APGI to National Park Service."
Identifies the land to be conveyed by the Secretary as approximately 110 acres within the Park: (1) adjacent to or flooded by the Chilhowee Reservoir; and (2) within the boundary of the Tapoco Hydroelectric Project as of February 21, 2003.
Prescribes procedural requirements, including reservation of a conservation easement over any land transferred to APGI that: (1) specifically prohibits development of the land by APGI which is not necessary for the continued operation and maintenance of the Chilhowee Reservoir; (2) authorizes public access to the easement area, subject to National Park Service regulations; and (3) authorizes the National Park Service to enforce Park regulations on the land and in and on the waters of Chilhowee Reservoir lying on the land.
Requires the deed to require reversion of the title to the United States if the Chilhowee Reservoir ceases to exist, or the Federal Energy Regulatory Commission (FERC) issues a final order decommissioning the Tapoco Project from which no further appeal may be taken.
(Sec. 4) Grants FERC jurisdiction to license the Tapoco Project upon completion of the land exchange.
(Sec. 5) Authorizes the Secretary of the Interior or the Secretary of Agriculture to acquire for the United States any land or interest in land identified as specified easements that may be transferred by APGI to a nongovernmental organization pursuant to a specified Settlement Agreement.
Prescribes implementation requirements for land acquired by the Secretary of the Interior and the Secretary of Agriculture, respectively.
(Sec. 6) Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to authorize and facilitate hydroelectric power licensing of the Tapoco Project."} | 1,662 | 465 | 0.762622 | 2.519863 | 0.815447 | 4.120219 | 3.972678 | 0.923497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Preemptive Foreign
Policy and Military Planning Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Preemptive Foreign Policy and Military Planning'' (in this Act
referred to as ``the Commission'').
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall review the doctrine of
preemption adopted by the President in the National Security Strategy
of the United States of America of September 2002 and assess the
consequences and implications of its adoption for foreign policy and
military planning.
(b) Particular Issues.--In carrying out its duties under subsection
(a), the Commission shall analyze the effect of the adoption of the
doctrine of preemption on--
(1) foreign policy in key world theaters, including North
Korea, Kashmir, Chechnya, the Taiwan Straits, Iran, Iraq, and
other theaters of importance as determined by the Commission;
(2) relations between the United States and nations located
in regions surrounding key theaters and relations among nations
located in regions surrounding key theaters;
(3) present commitments to allies relating to mutual
defense agreements, peacekeeping missions, joint military
exercises, participation in international institutions, and
coalition building;
(4) efforts to conduct the war on terrorism in Afghanistan
and elsewhere;
(5) the deployment capabilities, readiness, recruiting and
retention rates, morale, and force structure of the Armed
Forces of the United States, including the Reserve and National
Guard components, and the Coast Guard;
(6) the deployability of forces in the event of a future
crisis requiring--
(A) the defense of the United States,
(B) the deterrence of aggression and coercion in
critical regions,
(C) the swift defeat of aggression in overlapping
major conflicts, including the possibility of regime
change or occupation, while preserving the option of
calling for a decisive victory in one of those
conflicts, and
(D) the conduct of a limited number of smaller-
scale contingency operations;
(7) the capability of the defense manufacturing base in the
United States to support the needs of the military, including--
(A) potential military supply deficiencies
resulting from the inability of manufacturers of
military supplies to respond to increased needs, and
(B) the extent to which domestic manufacturers may
face an increase in demand as a result of disagreements
with foreign governments over preemptive action; and
(8) the accounting and budgeting structure of the
Department of Defense and its ability to track, report, and
project operating costs.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 10
members appointed as follows:
(1) 3 members shall be appointed by the majority leader of
the Senate.
(2) 3 members shall be appointed by the Speaker of the
House of Representatives.
(3) 2 members shall be appointed by the minority leader of
the Senate.
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications.--The members shall have knowledge and expertise
in matters to be studied by the Commission.
(c) Terms.--Members shall be appointed for the life of the
Commission.
(d) Vacancies.--Any vacancy in the Commission shall be filled in
the same manner as the original appointment.
(e) Chair.--The Chair of the Commission shall be designated by the
Speaker of the House of Representatives, after consulting with the
majority leader of the Senate and the minority leaders of the House of
Representatives and the Senate.
(f) Security Clearance.--The appropriate executive departments and
agencies shall cooperate with the Commission in expeditiously providing
to the Commission members and staff appropriate security clearances in
a manner consistent with existing procedures and requirements, except
that no person shall be provided with access to classified information
under this section who would not otherwise qualify for such security
clearance.
(g) Deadline for Appointment.--The appointments of the members of
the Commission shall be made no later than 3 months after the date of
enactment of this Act.
(h) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall each be paid at a rate not to exceed the rate of
basic pay for level IV of the Executive Schedule for each day
(including travel time) during which they are engaged in the
actual performance of duties vested in the Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission.
(i) Travel in Military Vehicles.--Members and personnel for the
Commission may travel on aircraft, vehicles, or other conveyances of
the Armed Forces of the United States when travel is necessary in the
performance of a duty of the Commission except when the cost of
commercial transportation is less expensive.
(j) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(k) Retired Annuitants.--A member of the Commission who is an
annuitant otherwise covered by section 8344 or section 8468 of title 5,
United States Code, shall not be subject to the provisions of that
section with respect to membership on the Commission by reason of
membership on the Commission.
(l) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(m) Meetings.--
(1) First meeting.--The Commission shall hold its first
meeting on a date designated by the Speaker of the House of
Representatives which is not later than 30 days after the date
on which all members have been appointed.
(2) Subsequent meetings.--After the first meeting, the
Commission shall meet upon the call of the Chair.
SEC. 5. STAFF OF COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chair. The Director shall be paid a rate not to exceed
the maximum rate of basic pay for GS-15 of the General Schedule.
(b) Additional Staff.--In addition to the Director, the Chair may
appoint and fix the pay of up to 3 staff members, except that any staff
member appointed under this subsection shall not be paid at a rate to
exceed the maximum rate of basic pay for GS-15 of the General Schedule.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
(d) Staff of Federal Agencies.--Upon the request of the Chair of
the Commission, the head of any Federal department or agency may
detail, without reimbursement, any of the personnel of that department
or agency to the Commission to assist in carrying out its duties under
this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any agency of the United States information necessary to enable it
to carry out this Act. Upon the request of the Chair of the Commission,
the head of that department or agency shall furnish that information to
the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 7. REPORT.
(a) In General.--The Commission shall transmit a final report to
the President and Congress not later than 6 months after the date on
which the Commission first meets.
(b) Contents.--The final report shall contain a detailed statement
of the findings, conclusions, and recommendations of the Commission and
shall include any estimated budgetary costs or savings the Commission
expects will result from sustaining a foreign policy of preemption.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after the date on which the
Commission submits its final report to the President and Congress under
section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Commission on Preemptive Foreign Policy and Military Planning Act - Establishes the Commission on Preemptive Foreign Policy and Military Planning to: (1) review the doctrine of preemption adopted by the President in the National Security Strategy of the United States of America of September 2002; and (2) assess the consequences and implications of the doctrine for foreign policy and military planning. | {"src": "billsum_train", "title": "To establish the Commission on Preemptive Foreign Policy and Military Planning."} | 2,005 | 73 | 0.630691 | 1.616868 | 1.497298 | 5.367647 | 27.426471 | 0.985294 |
SECTION 1. ____. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES.
Part A of title IV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7111 et seq.) is amended--
(1) in section 4004--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) in paragraph (3) as redesignated, by striking
``subpart 2'' and inserting ``subpart 3''; and
(D) by inserting after paragraph (1) the following:
``(2) $25,000,000 for fiscal year 2000 and such sums as may
be necessary for each of the 4 succeeding fiscal years to carry
out subpart 2;
(2) by redesignating subparts 2 and 3 as 3 and 4,
respectively;
(3) by redesignating sections 4131 through 4134 as sections
4141 through 4144, respectively;
(3) by redesignating section 4121 as section 4131; and
(4) by inserting after subpart 1 the following:
``Subpart 2--Effective Prevention Program Implementation
``SEC. 4121. COMPREHENSIVE PREVENTION TECHNICAL ASSISTANCE GRANTS.
``(a) Program Authorized.--The Secretary is authorized to provide
grants to States that meet the requirements of this subpart to
implement prevention programs that meet a high scientific standard of
program effectiveness.
``(b) Contents of State Plan.--To be eligible to receive a grant
under this subpart, a State educational agency shall submit an
application that includes a State plan that describes--
``(1) the process and selection criteria by which the State
educational agency will make competitive grants to eligible
local educational agencies;
``(2) how the State educational agency will ensure that
only high quality, well-defined, and well-documented
comprehensive prevention programs are funded;
``(3) how the State educational agency will disseminate
materials developed or collected by the Secretary about
research-based, proven-effective comprehensive prevention
models and will provide technical assistance to assist local
educational agencies in evaluating, selecting, developing, and
implementing comprehensive prevention programs;
``(4) how the State educational agency will evaluate the
implementation of comprehensive prevention programs and measure
the results achieved in preventing violence, criminal and
delinquent behavior, substance abuse, and other problem
behaviors and improving student academic performance;
``(5) how the State educational agency will ensure that
local programs meet the requirements of section 4124(b);
``(6) provide assurances that funds provided under this
subpart shall supplement, not supplant, other Federal, State,
and local funds that would otherwise be available for the
purposes described under this subpart; and
``(7) such other criteria as the Secretary may reasonably
require.
SEC. 4122. RESERVATIONS AND ALLOCATIONS.
``(a) Reservations.--From the funds made available in section
4004(2) to carry out this subpart for each fiscal year, the Secretary
shall--
``(1) reserve funds in accordance with paragraphs (1), (2),
and (4) of section 4011(a); and
``(2) except as provided in subsection (b), allocate the
remainder of funds among the States in accordance with section
4011(b)(1).
``(b) Reallocation of Funds to States.--In a case in which a State
educational agency does not develop a plan that meets the requirements
of section 4121(b), the Secretary shall not make an allocation to the
State under subsection (a)(2) and shall allocate such funds in
accordance with section 4011(b)(1) to other States that have developed
such plans. Funds allocated to a State under this subsection may be
used only to implement programs under this subpart.
``SEC. 4123. DISTRIBUTION OF FUNDS.
``(a) Funds to Local Educational Agencies.--
``(1) In general.--From the amounts made available under
section 4004(2), each State educational agency that receives an
award under this subpart shall use such funds to provide
competitive grants to local educational agencies.
``(2) Awards.--In awarding competitive grants under this
subpart, a State educational agency shall--
``(A) give the highest priority to local
educational agencies with demonstrated need in
accordance with the criteria described in section
4113(d)(2)(C)(ii);
``(B) make grant awards that are of sufficient size
and scope to support the initial startup costs for a
comprehensive prevention plan that meets the
requirements of this subpart; and
``(C) take into account the equitable distribution
of awards to different geographic regions within the
State, including urban and rural areas, and to schools
serving elementary and secondary students.
``(b) Reservation.--A State educational agency may use not more
than 5 percent of the funds made available to it under this section for
administrative, evaluation, and technical assistance expenses,
including expenses necessary to inform local educational agencies about
research-based, proven-effective comprehensive prevention approaches.
SEC. 4124. LOCAL AWARDS.
``(a) In General.--To be eligible to receive a subgrant under this
subpart for any fiscal year, a local educational agency shall submit,
at such time as the State educational agency requires, an application
to the State educational agency for approval.
``(b) Plan.--Each local educational agency shall submit a plan to
the State educational agency to demonstrate how it will meet the
requirements of subsection (c).
``(c) Use of Funds.--A grant awarded to a local educational agency
under this subpart shall be used only for the purpose of identifying
and implementing comprehensive prevention programs that--
``(1) employ strategies or approaches that are based on
reliable research and that show effectiveness in preventing
violence, criminal and delinquent behavior, substance abuse,
and other problem behaviors and improving student academic
performance;
``(2) comprehensively address the mental, emotional,
social, and physical health of children and adolescents;
``(3) employ developmentally appropriate activities and
interventions;
``(4) assist children and adolescents in improving
cognitive, affective, and behavioral skills;
``(5) use methods that ensure the active engagement of the
children and adolescents who participate and that facilitate
better communication between children and adults about problem
situations;
``(6) provide for the meaningful involvement of parents,
educators, health and mental health professionals, and the
local community in planning and implementation;
``(7) provide high-quality and continuous staff
professional development and training;
``(8) have measurable outcome goals and a clear evaluation
plan, including annual reports to the State and the Secretary;
``(9) use high-quality external technical support and
assistance from individuals or entities with experience and
expertise in developing, implementing, and evaluating
comprehensive prevention approaches; and
``(10) identify how other resources (Federal, State, local,
and private) available to the State will be used to coordinate
services to support and sustain the comprehensive prevention
effort.''. | Authorizes the Secretary of Education to provide such grants to States that meet specified requirements to implement prevention programs that meet a high scientific standard of program effectiveness. Sets forth program requirements for State plans, reservations and allocations of funds, State distribution of program funds through competitive grants to local educational agencies (LEAs), and LEA plans and use of funds for comprehensive prevention programs that meet certain requirements. | {"src": "billsum_train", "title": "To amend the Safe and Drug-Free Schools and Communities Act of 1994 to provide comprehensive technical assistance and implement prevention programs that meet a high scientific standard of program effectiveness."} | 1,522 | 83 | 0.573027 | 1.431783 | 1.307007 | 3.013333 | 19.653333 | 0.906667 |
SECTION 1. PURPOSE.
It is the purpose of this Act to promote the retention of members
of the Armed Forces in critical specialties by establishing a bonus
savings plan that provides significant resources for meeting the
expenses encountered by the members in providing for the education of
the members of their families and other contingencies.
SEC. 2. EDUCATION SAVINGS PLAN FOR REENLISTMENTS AND EXTENSIONS OF
SERVICE IN CRITICAL SPECIALTIES.
(a) Establishment of Savings Plan.--(1) Chapter 5 of title 37,
United States Code, is amended by adding at the end the following new
section:
``Sec. 323. Incentive bonus: savings plan for education expenses and
other contingencies
``(a) Benefit and Eligibility.--The Secretary concerned shall
purchase United States savings bonds under this section for a member of
the armed forces who is eligible as follows:
``(1) A member who, before completing three years of
service on active duty, enters into a commitment to perform
qualifying service.
``(2) A member who, after completing three years of service
on active duty but not more than nine years of service on
active duty, enters into a commitment to perform qualifying
service.
``(3) A member who, after completing nine years of service
on active duty, enters into a commitment to perform qualifying
service.
``(b) Qualifying Service.--For the purposes of this section,
qualifying service is service on active duty in a specialty designated
by the Secretary concerned as critical to meet requirements (whether
such specialty is designated as critical to meet wartime or peacetime
requirements) for a period that--
``(1) is not less than six years; and
``(2) does not include any part of a period for which the
member is obligated to serve on active duty under an enlistment
or other agreement for which a benefit has previously been paid
under this section.
``(c) Forms of Commitment to Additional Service.--For the purposes
of this section, a commitment means--
``(1) in the case of an enlisted member, a reenlistment;
and
``(2) in the case of a commissioned officer, an agreement
entered into with the Secretary concerned.
``(d) Amounts of Bonds.--The total of the face amounts of the
United States savings bonds purchased for a member under this section
for a commitment shall be as follows:
``(1) In the case of a purchase for a member under
paragraph (1) of subsection (a), $5,000.
``(2) In the case of a purchase for a member under
paragraph (2) of subsection (a), the amount equal to the excess
of $15,000 over the total of the face amounts of any United
States savings bonds previously purchased for the member under
this section.
``(3) In the case of a purchase for a member under
paragraph (3) of subsection (a), the amount equal to the excess
of $30,000 over the total of the face amounts of any United
States savings bonds previously purchased for the member under
this section.
``(e) Total Amount of Benefit.--The total amount of the benefit
payable for a member when United States savings bonds are purchased for
the member under this section by reason of a commitment by that member
shall be the sum of--
``(1) the purchase price of the United States savings
bonds; and
``(2) the amounts that would be deducted and withheld for
the payment of individual income taxes if the total amount
computed under this subsection for that commitment were paid to
the member as a bonus.
``(f) Amount Withheld for Taxes.--The total amount payable for a
member under subsection (e)(2) for a commitment by that member shall be
withheld, credited, and otherwise treated in the same manner as amounts
deducted and withheld from the basic pay of the member.
``(g) Repayment for Failure To Complete Obligated Service.--(1) If
a person fails to complete the qualifying service for which the person
is obligated under a commitment for which a benefit has been paid under
this section, the person shall refund to the United States the amount
that bears the same ratio to the total amount paid for the person (as
computed under subsection (e)) for that particular commitment as the
uncompleted part of the period of qualifying service bears to the total
period of the qualifying service for which obligated.
``(2) Subject to paragraph (3), an obligation to reimburse the
United States imposed under paragraph (1) is for all purposes a debt
owed to the United States.
``(3) The Secretary concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the termination of an enlistment or other
agreement under this section does not discharge the person signing such
reenlistment or other agreement from a debt arising under the
reenlistment or agreement, respectively, or this subsection.
``(h) Relationship to Other Special Pays.--The benefit provided
under this section is in addition to any other bonus or incentive or
special pay that is paid or payable to a member under any other
provision of this chapter for any portion of the same qualifying
service.
``(i) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed forces
under his jurisdiction and by the Secretary of Transportation for the
Coast Guard when the Coast Guard is not operating as a service in the
Navy.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``323. Incentive bonus: savings plan for education and other
contingencies.''.
(b) Effective Date.--Section 323 of title 37, United States Code
(as added by subsection (a)), shall take effect on October 1, 2001, and
shall apply with respect to reenlistments and other agreements for
qualifying service (described in that section) that are entered into on
or after that date. | Directs the Secretary of the military department concerned to purchase U.S. savings bonds for military personnel who have completed certain periods of active duty and who enter into a commitment to perform at least six years of additional active-duty service in a specialty designated as critical by such Secretary. Makes such bond amounts: (1) $5,000, for members who enter into the agreement before completing three years of active duty; (2) the excess of $15,000 over the face amount of any bonds previously purchased for such members who have completed at least three years of active service but less than nine years; and (3) the excess of $30,000 over such face amount for members who have completed nine years of active service. Requires the pro rata repayment of such bond amounts for the non-completion of the required additional service, with a waiver when repayment is considered to be against equity and good conscience or contrary to the best interests of the United States. | {"src": "billsum_train", "title": "A bill to amend title 37, United States Code, to establish an education savings plan to encourage reenlistments and extensions of service by members of the Armed Forces in critical specialties, and for other purposes."} | 1,359 | 192 | 0.639889 | 1.72221 | 0.843734 | 2.47541 | 7.120219 | 0.836066 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refinery Expansion Act of 2005''.
SEC. 2. 100 PERCENT EXPENSING OR 5-YEAR DEPRECIATION OF COSTS OF
REFINERY PROPERTY WHICH INCREASE REFINERY OUTPUT BY AT
LEAST 5 PERCENT.
(a) Expensing.--Subsection (a) of section 179C of the Internal
Revenue Code of 1986 (relating to election to expense certain
refineries) is amended to read as follows:
``(a) Treatment as Expenses.--
``(1) In general.--Except in the case of refinery property
to which subsection (e) applies, a taxpayer may elect to treat
50 percent of the cost of qualified refinery property as an
expense which is not chargeable to capital account. Any cost so
treated shall be allowed as a deduction for the taxable year in
which the qualified refinery property is placed in service.
``(2) Property to which subsection (e) applies.--In the
case of refinery property to which subsection (e) applies, a
taxpayer may elect to treat 100 percent of the cost of such
property as an expense which is not chargeable to capital
account. Any cost so treated shall be allowed as a deduction
for the taxable year in which such cost is paid or incurred by
the taxpayer.''.
(b) 5-Year Depreciation.--Subparagraph (B) of section 168(e)(3) of
such Code (relating to classification of property) is amended by
striking ``and'' at the end of clause (v), by striking the period at
the end clause (vi) and inserting ``, and'', and by inserting after
clause (vi) the following new clause:
``(vii) refinery property the cost of which
would have been eligible for expensing under
section 179C(a)(2) but for the absence of an
election under section 179C.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 1323 of the
Energy Policy Act of 2005.
SEC. 3. DEPRECIATION RECOVERY PERIOD FOR OIL AND GAS PIPELINES REDUCED
TO 7 YEARS.
(a) In General.--Subparagraph (C) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by striking ``and'' at the end of clause (iv), by
redesignating clause (v) as clause (vi), and by inserting after clause
(iv) the following new clause:
``(v) any oil or natural gas distribution
line the original use of which commences with
the taxpayer after April 11, 2005, and which is
placed in service before January 1, 2011,
and''.
(b) Conforming Amendments.--
(1) Subparagraph (E) of section 168(e)(3) of such Code is
amended by adding ``and'' at the end of clause (vi), by
striking ``, and'' at the end of clause (vii) and inserting a
period, and by striking clause (viii).
(2) The table contained in section 168(g)(3)(B) of such
Code (relating to special rule for certain property assigned to
classes) is amended--
(A) by striking the item relating to subparagraph
(E)(viii), and
(B) by inserting after the item relating to
subparagraph (C)(vii) the following new item:
``(C)(v).................................................... 35''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 1325 of the Energy Policy Act of 2005.
SEC. 4. 5-YEAR DEPRECIATION RECOVERY PERIOD FOR PETROLEUM STORAGE
FACILITIES.
(a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property),
as amended by section 2, is amended by striking ``and'' at the end of
clause (vi), by striking the period at the end clause (vii) and
inserting ``, and'', and by inserting after clause (vii) the following
new clause:
``(viii) a storage facility (not including
a building and its structural components) used
in connection with the distribution of
petroleum or any primary product of petroleum
if--
``(I) the original use of such
facility commences with the taxpayer
after the date of the enactment of this
clause, and
``(II) such facility is placed in
service before January 1, 2011.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service after the date of the
enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before such date, or, in the case of
self-constructed property, has started construction on or
before such date.
SEC. 5. TEMPORARY SUSPENSION OF DEPRECIATION RECAPTURE ON SECTION 1245
REFINERY PROPERTY.
(a) In General.--Subsection (b) of section 1245 of the Internal
Revenue Code of 1986 (relating to exceptions and limitations) is
amended by adding at the end the following new paragraph:
``(9) Refinery property being upgraded.--Subsection (a)
shall not apply to property--
``(A) which, before the date of the enactment of
this paragraph, was used by the taxpayer in the
processing liquid fuel from crude oil or qualified
fuels (as defined in section 45K(c)) at a refinery
located in the United States,
``(B) which is disposed of before January 1, 2012,
and
``(C) which is replaced by the taxpayer with
upgraded equipment which increases the refinery's
overall output, decreases the refinery's pollution
output, or results in cleaner-burning fuel.''.
(b) Effective Date.--The amendment made by this section shall apply
to dispositions after the date of the enactment of this Act in taxable
years ending after such date. | Refinery Expansion Act of 2005 - Amends the Internal Revenue Code to: (1) revise the tax deduction for certain liquid fuels refinery property to allow expensing of the entire cost of such property if the property allows for a production capacity increase of five percent or more on an average daily basis; (2) allow, in lieu of such expensing deduction, a five-year recovery period for the depreciation of such refinery property; (3) allow a seven-year recovery period for the depreciation of certain oil and gas distribution lines; and (4) allow a five-year recovery period for the depreciation of certain petroleum storage facilities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives for oil refineries, oil and gas pipelines, and petroleum storage facilities."} | 1,447 | 147 | 0.551411 | 1.454945 | 0.64693 | 1.617886 | 10.162602 | 0.804878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Infrastructure Improvement
Act''.
SEC. 2. AUTHORITY FOR NATURAL GAS AND OIL PIPELINES.
(a) In General.--Notwithstanding any provision of the Mineral
Leasing Act (cite), the Secretary may issue permits for rights-of-way,
temporary easements, or other necessary authorizations to allow a
permittee to construct, operate, maintain, expand, or modify a natural
gas, oil, or petroleum products pipeline and related facilities on
eligible Federal lands.
(b) Terms and Conditions.--A permit issued under this section shall
be consistent with the laws and regulations generally applicable to
utility rights-of-way within the respective eligible Federal land and
subject to such terms and conditions as the Secretary deems
appropriate.
(c) Fees.--
(1) Permit fee.--The Secretary shall charge and retain a
fee for any permit issued under this section. The fee shall be
calculated to provide for recovery of costs incurred by the
United States associated with processing, issuing, and
monitoring the permit.
(2) Annual fee.--The Secretary shall charge an annual fee
related to each permit which requires payment, in advance, of
the fair market rental value of permitted use as determined by
the Secretary.
(d) Term.--
(1) Initial term.--The Secretary shall determine the
initial fixed term for a permit issued under this section,
taking into consideration the following:
(A) The cost of planning, approval, construction,
operation, and maintenance of the pipeline and its
related facility (in terms of time and money).
(B) The useful life of the pipeline and its related
facility.
(C) The public or economic purpose served by the
pipeline and its related facility.
(2) Renewals.--The Secretary shall renew any right-of-way
issued under this section, in accordance with the provisions of
this section, if the pipeline and its related facility is in
commercial operation and operated and maintained in accordance
with this section and the permit issued under this section for
that pipeline and its related facility.
(e) Enforcement.--
(1) In general.--The Secretary may impose citations or
fines or suspend or revoke any authority under a permit issued
under this section for failure to comply with or for violation
of any term or condition of the permit.
(2) Suspension or termination of the right-of-way.--
Abandonment of a permit or deliberate noncompliance with any
provision of this section or of a permit issued under this
section may be grounds for suspension or termination of the
permit if the Secretary determines that such grounds exist and
that suspension or termination is justified after the permittee
has been given--
(A) due notice;
(B) a reasonable opportunity to remedy the
abandonment or noncompliance; and
(C) an appropriate administrative proceeding
pursuant to section 554 of title 5, United States Code.
(3) Misuse or nonuse of permit.--Deliberate failure to use
a permit for the purpose for which it was granted or renewed
for any continuous two-year period shall constitute a
rebuttable presumption of abandonment of the permit. Where the
failure to use the permit is due to circumstances not within
the permittee's control, the Secretary is not required to
commence proceedings to suspend or terminate the permit.
(4) Judicial review.--Not later than 90 days after a final
decision by the Secretary under this subsection, a permittee
may file a suit to challenge that decision in the United States
court of appeals for the circuit in which the Federal land
which is the subject of the permit is located. Such court shall
have jurisdiction to hear and determine any suit brought as
provided in this subsection.
(f) Modifications.--The Secretary may modify a permit issued under
this section if the modification is agreed upon by the permittee and
complies with this section. Any action taken by the Secretary pursuant
to this subsection shall not be considered a major Federal action
requiring a detailed statement under section 102(2)(C) of the National
Environmental Policy Act of 1970 (42 U.S.C. 4332(2)(C)).
(g) Definitions.--For purposes of this section:
(1) Eligible federal lands.--The term ``eligible Federal
lands'' means--
(A) Federal lands under the administrative
jurisdiction of the Secretary of the Interior, except--
(i) lands held in trust for a federal
recognized Indian tribe or a member of a
federally recognized Indian tribe; and
(ii) lands on the Outer Continental Shelf;
and
(B) National Forest System lands.
(2) Facility.--The term ``facility''--
(A) includes such things as buildings, pipelines,
and auxiliary or appurtenant facilities related to the
construction, operation, and maintenance of the
pipeline; and
(B) does not include wells, drills, or drilling
platforms.
(3) Permittee.--The term ``permittee'' means the owner of a
natural gas, oil, or petroleum products pipeline and the
owner's successors or assigns.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Agriculture, as appropriate
in regard the Secretary with administrative jurisdiction over
the Federal lands involved. | Energy Infrastructure Improvement Act - Authorizes the Secretary of the Interior (or the Secretary of Agriculture, as appropriate for administrative jurisdiction over the federal lands involved) to issue permits for rights-of-way, temporary easements, or other necessary authorizations to allow a permittee to construct, operate, maintain, expand, or modify a natural gas, oil, or petroleum products pipeline and related facilities on eligible federal lands. Directs the Secretary to: (1) charge fees for such permits, (2) determine the initial fixed term for a permit, and (3) renew any right-of-way issued under this Act if the pipeline and its related facility is in commercial operation and operated and maintained in accordance with this Act. Grants the Secretary enforcement and modification powers, including fines and suspension or termination of rights-of-way. | {"src": "billsum_train", "title": "Energy Infrastructure Improvement Act"} | 1,190 | 175 | 0.688325 | 1.755784 | 0.845819 | 6.228395 | 6.549383 | 0.95679 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Advocate Act of
2012''.
SEC. 2. OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.
(a) Appointment and Position of Director.--Section 15(k)(2) of the
Small Business Act (15 U.S.C. 644(k)(2)) is amended by striking ``such
agency,'' and inserting ``such agency to a position that is a Senior
Executive Service position (as such term is defined under section
3132(a) of title 5, United States Code), except that, for any agency in
which the positions of Chief Acquisition Officer and senior procurement
executive (as such terms are defined under section 44(a) of this Act)
are not Senior Executive Service positions, the Director of Small and
Disadvantaged Business Utilization may be appointed to a position
compensated at not less than the minimum rate of basic pay payable for
grade GS-15 of the General Schedule under section 5332 of such title
(including comparability payments under section 5304 of such title);''.
(b) Performance Appraisals.--Section 15(k)(3) of such Act (15
U.S.C. 644(k)(3)) is amended--
(1) by striking ``be responsible only to, and report
directly to, the head'' and inserting ``shall be responsible
only to (including with respect to performance appraisals), and
report directly and exclusively to, the head''; and
(2) by striking ``be responsible only to, and report
directly to, such Secretary'' and inserting ``be responsible
only to (including with respect to performance appraisals), and
report directly and exclusively to, such Secretary''.
(c) Small Business Technical Advisers.--Section 15(k)(8)(B) of such
Act (15 U.S.C. 644(k)(8)(B)) is amended--
(1) by striking ``and 15 of this Act,'' and inserting ``,
15, and 44 of this Act;''; and
(2) by inserting after ``of this Act'' the following:
``(giving priority in assigning to small business that are in
metropolitan statistical areas for which the unemployment rate
is higher than the national average unemployment rate for the
United States)''.
(d) Additional Requirements.--Section 15(k) of such Act (15 U.S.C.
644(k)) is amended by inserting after paragraph (10) the following:
``(11) shall review and advise such agency on any decision
to convert an activity performed by a small business concern to
an activity performed by a Federal employee;
``(12) shall provide to the Chief Acquisition Officer and
senior procurement executive of such agency advice and comments
on acquisition strategies, market research, and justifications
related to section 44 of this Act;
``(13) may provide training to small business concerns and
contract specialists, except that such training may only be
provided to the extent that the training does not interfere
with the Director carrying out other responsibilities under
this subsection;
``(14) shall carry out exclusively the duties enumerated in
this Act, and shall, while the Director, not hold any other
title, position, or responsibility, except as necessary to
carry out responsibilities under this subsection; and
``(15) shall submit, each fiscal year, to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
a report describing--
``(A) the training provided by the Director under
paragraph (13) in the most recently completed fiscal
year;
``(B) the percentage of the budget of the Director
used for such training in the most recently completed
fiscal year; and
``(C) the percentage of the budget of the Director
used for travel in the most recently completed fiscal
year.''.
(e) Requirement of Contracting Experience for OSDBU Director.--
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), as amended
by this Act, is further amended, in the matter preceding paragraph (1),
by striking ``who shall'' and insert the following: ``, with at least
10 years of experience serving in any combination of the following
roles: federal contracting officer, small business technical advisor,
contracts administrator for federal government contracts, attorney
specializing in federal procurement law, small business liaison
officer, officer or employee who managed federal government contracts
for a small business, or individual whose primary responsibilities were
for the functions and duties of section 8, 15 or 44 of this Act. Such
officer or employee''.
(f) Technical Amendments.--Section 15(k) of such Act (15 U.S.C.
644(k)), as amended, is further amended--
(1) in paragraph (1)--
(A) by striking ``be known'' and inserting ``shall
be known''; and
(B) by striking ``such agency,'' and inserting
``such agency;'';
(2) in paragraph (2) by striking ``be appointed by'' and
inserting ``shall be appointed by'';
(3) in paragraph (3)--
(A) by striking ``director'' and inserting
``Director''; and
(B) by striking ``Secretary's designee,'' and
inserting ``Secretary's designee;'';
(4) in paragraph (4)--
(A) by striking ``be responsible'' and inserting
``shall be responsible''; and
(B) by striking ``such agency,'' and inserting
``such agency;'';
(5) in paragraph (5) by striking ``identify proposed'' and
inserting ``shall identify proposed'';
(6) in paragraph (6) by striking ``assist small'' and
inserting ``shall assist small'';
(7) in paragraph (7)--
(A) by striking ``have supervisory'' and inserting
``shall have supervisory''; and
(B) by striking ``this Act,'' and inserting ``this
Act;'';
(8) in paragraph (8)--
(A) by striking ``assign a'' and inserting ``shall
assign a''; and
(B) in subparagraph (A), by striking ``the
activity, and'' and inserting ``the activity; and'';
(9) in paragraph (9)--
(A) by striking ``cooperate, and'' and inserting
``shall cooperate, and''; and
(B) by striking ``subsection, and'' and inserting
``subsection;''; and
(10) in paragraph (10)--
(A) by striking ``make recommendations'' and
inserting ``shall make recommendations'';
(B) by striking ``subsection (a), or section'' and
inserting ``subsection (a), section'';
(C) by striking ``Act or section 2323'' and
inserting ``Act, or section 2323'';
(D) by striking ``Code. Such recommendations
shall'' and inserting ``Code, which shall''; and
(E) by striking ``contract file.'' and inserting
``contract file;''.
SEC. 3. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL.
(a) Duties.--Section 7104(b) of the Federal Acquisition
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking ``authorities.'' and
inserting ``authorities;''; and
(3) by adding at the end the following:
``(3) to conduct reviews of each Office of Small and
Disadvantaged Business Utilization established under section
15(k) of the Small Business Act (15 U.S.C. 644(k)) to determine
the compliance of each Office with requirements under such
section;
``(4) to identify best practices for maximizing small
business utilization in Federal contracting that may be
implemented by Federal agencies having procurement powers; and
``(5) to submit, annually, to the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate a report
describing--
``(A) the comments submitted under paragraph (2)
during the 1-year period ending on the date on which
the report is submitted, including any outcomes related
to the comments;
``(B) the results of reviews conducted under
paragraph (3) during such 1-year period; and
``(C) best practices identified under paragraph (4)
during such 1-year period.''.
(b) Membership.--Section 7104(c)(3) of such Act (15 U.S.C. 644
note) is amended by striking ``(established under section 15(k) of the
Small Business Act (15 U.S.C. 644(k))''.
(c) Chairman.--Section 7104(d) of such Act (15 U.S.C. 644 note) is
amended by inserting after ``Small Business Administration'' the
following: ``(or the designee of the Administrator)''. | Small Business Advocate Act of 2012 - Amends the Small Business Act (the Act) to require the Director of the Small and Disadvantaged Business Utilization (established in each federal agency having procurement powers) to be compensated at least at the GS-15 rate and allows such position to be compensated at up to a Senior Executive Service level.
Includes as additional duties of each Director: (1) reviewing and advising on decisions to convert an activity performed by a small business to an activity performed by a federal employee; (2) providing advice and comments on acquisition strategies, market research, and justifications related to small business; (3) providing training to small businesses and contract specialists; (4) carrying out exclusively the duties enumerated under the Act and, while Director, not holding any other title, position, or responsibility, except as necessary to carry out such duties; and (5) reporting annually to the congressional small business committees on the provision of small business and contract specialist training.
Amends the Federal Acquisition Streamlining Act of 1994 to require the Small Business Procurement Advisory Council to: (1) conduct reviews of each Office of Small and Disadvantaged Business Utilization to determine compliance with Small Business Administration (SBA) requirements, (2) identify best practices for maximizing small business utilization in federal contracting, and (3) report annually to the small business committees on such reviews and best practices. | {"src": "billsum_train", "title": "To amend the Small Business Act with respect to Offices of Small and Disadvantaged Business Utilization, and for other purposes."} | 2,091 | 292 | 0.567545 | 1.848435 | 0.757831 | 3.395522 | 7.022388 | 0.91791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Securities Transactions
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the growth of electronic commerce and electronic
transactions represent a powerful force for economic growth,
consumer choice and creation of wealth;
(2) inefficient transaction procedures impose unnecessary
costs on investors and persons who facilitate transactions on
their behalf;
(3) new techniques in electronic commerce create
opportunities for more efficient and safe procedures for
effecting securities transactions; and
(4) because the securities markets are an important
national asset which must be preserved and strengthened, it is
in the national interest to establish a framework to facilitate
the economically efficient execution of securities
transactions.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to permit and encourage the continued expansion of
electronic commerce in securities transactions; and
(2) to facilitate and promote electronic commerce in
securities transactions by clarifying the legal status of
electronic signatures for signed documents and records used in
relation to securities transactions involving broker-dealers,
transfer agents and investment advisers.
SEC. 4. DEFINITIONS.
For purposes of this subsection--
(1) ``document'' means any record, including without
limitation any notification, consent, acknowledgment or written
direction, intended, either by law or by custom, to be signed
by a person;
(2) ``electronic'' means of or relating to technology
having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities;
(3) ``electronic record'' means a record created, stored,
generated, received, or communicated by electronic means;
(4) ``electronic signature'' means an electronic
identifying sound, symbol or process attached to or logically
connected with an electronic record;
(5) ``record'' or ``records'' means the same information or
documents defined or identified as ``records'' under the
Securities Exchange Act of 1934 and the Investment Advisers Act
of 1940, respectively;
(6) ``transaction'' means an action or set of actions
relating to the conduct of business affairs that involve or
concern activities conducted pursuant to or regulated under the
Securities Exchange Act of 1934 or the Investment Advisers Act
of 1940 and occurring between two or more persons; and
(7) ``signature'' means any symbol, sound, or process
executed or adopted by a person or entity, with intent to
authenticate or accept a record.
SEC. 5. SECURITIES MODERNIZATION PROVISIONS.
(a) Section 15 of the Securities Exchange Act of 1934 (15 U.S.C.
78o) is amended by adding the following new subsection thereto:
``(i) Reliance on Electronic Signatures.--
``(1) A registered broker or registered dealer may accept
and rely upon an electronic signature on any application to
open an account or on any other document submitted to it by a
customer or counterparty, and such electronic signature shall
not be denied legal effect, validity or enforceability solely
because it is an electronic signature, except as the Commission
shall otherwise determine pursuant to section 23 of this Act
(15 U.S.C. 78w) or section 36 of this Act (15 U.S.C. 78mm).
``(2) Where any provision of this Act or any regulation,
rule, or interpretation promulgated by the Commission
thereunder, including any rule of a self-regulatory
organization approved by the Commission, requires a signature
to be provided on any record such requirement shall be
satisfied by an electronic record containing an electronic
signature, except as the Commission shall otherwise determine
pursuant to section 23 of this Act (15 U.S.C. 78w) or section
36 of this Act (15 U.S.C. 78mm).
``(3) A registered broker or registered dealer may use
electronic signatures in the conduct of its business with any
customer or counterparty, and such electronic signature shall
not be denied legal effect, validity or enforceability solely
because it is an electronic signature.
``(4) With regard to the use of or reliance on electronic
signatures, no registered broker or registered dealer shall be
regulated by, be required to register with, or be certified,
licensed, or approved by, or be limited by or required to act
or operate under standards, rules, or regulations promulgated
by, a State government or agency or instrumentality thereof.''.
(b) Section 17A of the Securities Exchange Act of 1934 (15 U.S.C.
78q-1) is amended by adding the following new subsection thereto:
``(g) Reliance on Electronic Signatures.--
``(1) A registered transfer agent may accept and rely upon
an electronic signature on any application to open an account
or on any other document submitted to it by a customer or
counterparty, and such electronic signature shall not be denied legal
effect, validity or enforceability solely because it is an electronic
signature, except as the Commission shall otherwise determine pursuant
to section 23 of this Act (15 U.S.C. 78w) or section 36 of this Act (15
U.S.C. 78mm).
``(2) Where any provision of this Act or any regulation or
rule promulgated by the Commission thereunder, including any
rule of a self-regulatory organization approved by the
Commission, requires a signature to be provided on any record
such requirement shall be satisfied by an electronic record
containing an electronic signature, except as the Commission
shall otherwise determine pursuant to section 23 of this Act
(15 U.S.C. 78w) or section 36 of this Act (15 U.S.C. 78mm).
``(3) A registered transfer agent may use electronic
signatures in the conduct of its business with any customer or
counterparty, and such electronic signature shall not be denied
legal effect, validity or enforceability solely because it is
an electronic signature.
``(4) With regard to the use of or reliance on electronic
signatures, no registered transfer agent shall be regulated by,
be required to register with, or be certified, licensed, or
approved by, or be limited by or required to act or operate
under standards, rules, or regulations promulgated by, a State
government or agency or instrumentality thereof.''.
(c) Section 215 of the Investment Advisers Act of 1940 (15 U.S.C.
80b-15) is amended by adding the following new subsection thereto:
``(c) Reliance on Electronic Signatures.--
``(1) A registered investment adviser may accept and rely
upon an electronic signature on any investment advisory
contract or on any other document submitted to it by a customer
or counterparty, and such signature shall not be denied legal
effect, validity or enforceability solely because it is an
electronic signature, except as the Commission shall determine
pursuant to section 206A of this Act (15 U.S.C. 80b-6a) or
section 211 of this Act (15 U.S.C. 80b-11).
``(2) Where any provision of this Act or any regulation or
rule promulgated by the Commission thereunder, including any
rule of a self-regulatory organization approved by the
Commission, requires a signature to be provided on any record
such requirement shall be satisfied by an electronic record
containing an electronic signature, except as the Commission
shall otherwise determine pursuant to section 206A of this Act
(15 U.S.C. 80b-6a) or section 211 of this Act (15 U.S.C. 80b-
11).
``(3) A registered investment adviser may use electronic
signatures in the conduct of its business with any customer or
counterparty, and such electronic signature shall not be denied
legal effect, validity or enforceability solely because it is
an electronic signature.
``(4) With regard to the use of or reliance on electronic
signatures no registered investment adviser shall be regulated
by, be required to register with, or be certified, licensed, or
approved by, or be limited by or required to act or operate
under standards, rules, or regulations promulgated by, a State
government or agency or instrumentality thereof.
SEC. 6. RULEMAKING AUTHORITY.
The Commission is authorized to provide guidance on the acceptance
of, reliance on and use of electronic signatures by any registered
broker, dealer, transfer agent or investment adviser, as provided in
section 5 above. | Electronic Securities Transactions Act - Amends the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to permit a registered broker, dealer, transfer agent, or investment adviser, respectively, to: (1) rely upon an electronic signature on any document submitted by a customer or counterparty; and (2) use such signature in the conduct of business with any customer or counterparty.
States such electronic signature shall not be denied legal effect, validity and enforceability solely because it is an electronic signature.
Preempts State law with regard to the use of or reliance on such signature by such registered persons. | {"src": "billsum_train", "title": "Electronics Securities Transactions Act"} | 1,795 | 128 | 0.567143 | 1.579829 | 0.582499 | 4.222222 | 14.487179 | 0.974359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Coverage for Addiction
Recovery Expansion Act''.
SEC. 2. STATE OPTION TO PROVIDE MEDICAL ASSISTANCE FOR RESIDENTIAL
ADDICTION TREATMENT FACILITY SERVICES; MODIFICATION OF
THE IMD EXCLUSION.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a)(16)--
(A) by striking ``and, (B)'' and inserting ``,
(B)''; and
(B) by inserting ``, and (C) effective January 1,
2019, residential addiction treatment facility services
(as defined in subsection (h)(3)) for individuals over
21 years of age and under 65 years of age, if offered
as part of a full continuum of evidence-based treatment
services provided under the State plan, including
residential, outpatient, and community-based care, for
individuals with substance use disorders'' before the
semicolon; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``paragraph (16)
of subsection (a)'' and inserting ``subsection
(a)(16)(A)''; and
(B) by adding at the end the following new
paragraph:
``(3)(A) For purposes of subsection (a)(16)(C), the term
`residential addiction treatment facility services' means, subject to
subparagraph (B), inpatient services provided--
``(i) to an individual for the purpose of treating a
substance use disorder that are furnished to an individual for
not more than 2 consecutive periods of 30 consecutive days,
provided that upon completion of the first 30-day period, the
individual is assessed and determined to have progressed
through the clinical continuum of care, in accordance with
criteria established by the Secretary, in consultation with the
American Society of Addiction Medicine, and requires continued
medically necessary treatment and social support services to
promote recovery, stable transition to ongoing treatment, and
discharge; and
``(ii) in a facility that is accredited for the treatment
of substance use disorders by the Joint Commission on
Accreditation of Healthcare Organizations, the Commission on
Accreditation of Rehabilitation Facilities, the Council on
Accreditation, or any other accrediting agency that the
Secretary deems appropriate as necessary to ensure nationwide
applicability, including qualified national organizations and
State-level accrediting agencies.
``(B) The State agency responsible for administering the State plan
under this title shall establish procedures to ensure that, with
respect to any facility providing residential addiction treatment
facility services in a fiscal year, the average monthly number of beds
used by the facility to provide such services during such year is not
more than 40.
``(C) The provision of medical assistance for residential addiction
treatment facility services to an individual shall not prohibit Federal
financial participation for medical assistance for items or services
that are provided to the individual in or away from the residential
addiction treatment facility during any 30-day period in which the
individual is receiving residential addiction treatment facility
services.
``(D) A woman who is eligible for medical assistance on the basis
of being pregnant and who is furnished residential addiction treatment
facility services during any 30-day period may remain eligible for, and
continue to be furnished with, such services for additional 30-day
periods without regard to any eligibility limit that would otherwise
apply to the woman as a result of her pregnancy ending, subject to
assessment by the facility and a determination based on medical
necessity related to substance use disorder and the impact of substance
use disorder on birth outcomes.''.
(b) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2019.
SEC. 3. GRANT PROGRAM TO EXPAND YOUTH ADDICTION TREATMENT FACILITIES
UNDER MEDICAID AND CHIP.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program
under which the Secretary shall award grants to States for the
purpose of expanding the infrastructure and treatment
capabilities, including augmenting equipment and bed capacity,
of eligible youth addiction treatment facilities that provide
addiction treatment services to Medicaid or CHIP beneficiaries
who have not attained the age of 21 and are in communities with
high numbers of medically underserved populations of at-risk
youth.
(2) Use of funds.--Grant funds awarded under this section
may be used to expand the infrastructure and treatment
capabilities of an existing facility (including through
construction) but shall not be used for the construction of any
new facility or for the provision of medical assistance or
child health assistance under Medicaid or CHIP.
(3) Timetable for implementation; duration.--
(A) Implementation.--Not later than 1 year after
the date of the enactment of this Act, the Secretary
shall award grants under the grant program.
(B) Duration.--The Secretary shall award grants
under the grant program for a period not to exceed 5
years.
(b) Application.--A State seeking to participate in the grant
program shall submit to the Secretary, at such time and in such manner
as the Secretary shall require, an application that includes--
(1) detailed information on the types of additional
infrastructure and treatment capacity of eligible youth
addiction treatment facilities that the State proposes to fund
under the grant program;
(2) a description of the communities in which the eligible
youth addiction treatment facilities funded under the grant
program operate;
(3) an assurance that the eligible youth addiction
treatment facilities that the State proposes to fund under the
grant program shall give priority to providing addiction
treatment services to Medicaid or CHIP beneficiaries who have
not attained the age of 21 and are in communities with high
numbers of medically underserved populations of at-risk youth;
and
(4) such additional information and assurances as the
Secretary shall require.
(c) Rural Areas.--Not less than 15 percent of the amount of a grant
awarded to a State under this section shall be used for making payments
to eligible youth addiction treatment facilities that are located in
rural areas or that target the provision of addiction treatment
services to Medicaid or CHIP beneficiaries who have not attained the
age of 21 and reside in rural areas.
(d) Definitions.--For purposes of this section:
(1) Addiction treatment services.--The term ``addiction
treatment services'' means services provided to an individual
for the purpose of treating a substance use disorder.
(2) CHIP.--The term ``CHIP'' means the State children's
health insurance program established under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.).
(3) Eligible youth addiction treatment facility.--The term
``eligible youth addiction treatment facility'' means a
facility that is a participating provider under the State
Medicaid or CHIP programs for purposes of providing medical
assistance or child health assistance to Medicaid or CHIP
beneficiaries for youth addiction treatment services on an
inpatient or outpatient basis (or both).
(4) Medicaid.--The term ``Medicaid'' means the medical
assistance program established under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(5) Medicaid or chip beneficiary.--The term ``Medicaid or
CHIP beneficiary'' means an individual who is enrolled in the
State Medicaid plan, the State child health plan under CHIP, or
under a waiver of either such plan.
(6) Medically underserved populations.--The term
``medically underserved populations'' has the meaning given
that term in section 330(b)(3) of the Public Health Service Act
(42 U.S.C. 254b(b)(3)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 to carry out the provisions of this section.
Funds appropriated under this subsection shall remain available until
expended. | Medicaid Coverage for Addiction Recovery Expansion Act This bill amends title XIX (Medicaid) of the Social Security Act to allow states to provide medical assistance to adults for residential addiction treatment facility services under the Medicaid program if such services are offered as part of a full continuum of evidence-based treatment services. "Residential addiction treatment facility services" are medically necessary inpatient services provided in an accredited, size-limited facility for the purpose of treating a substance use disorder within a specified time period. The provision of medical assistance for such services to an individual shall not prohibit federal financial participation for medical assistance with respect to other services provided to the individual within the same time period. Subject to specified conditions, a woman who is eligible for medical assistance on the basis of being pregnant may remain eligible for residential addiction treatment facility services for specified time periods without regard to eligibility limits that would otherwise apply as a result of her pregnancy ending. In addition, the bill establishes a grant program for states to expand infrastructure and treatment capabilities of existing youth addiction treatment facilities that: (1) provide addiction treatment services to youths under Medicaid or the Children's Health Insurance Program (CHIP), and (2) are located in communities with high numbers of medically underserved populations of at-risk youths. At least 15% of grant funds awarded to a state must be used for making payments to rural facilities. | {"src": "billsum_train", "title": "Medicaid Coverage for Addiction Recovery Expansion Act"} | 1,759 | 343 | 0.506906 | 1.44162 | 0.830156 | 3.581395 | 6.217054 | 0.883721 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Budget Control Act
of 1994''.
(b) Purpose.--The purpose of this Act is to create a mechanism to
monitor total costs of direct spending programs, and, in the event that
actual or projected costs exceed targeted levels, to require the
President and Congress to address adjustments in direct spending.
SEC. 2. ESTABLISHMENT OF DIRECT SPENDING TARGETS.
(a) In General.--The initial direct spending targets for each of
fiscal years 1994 through 1997 shall equal total outlays for all direct
spending except net interest and deposit insurance as determined by the
Director of the Office of Management and Budget (hereinafter referred
to in this Act as the ``Director'') under subsection (b).
(b) Initial Report by Director.--
(1) Not later than 30 days after the date of enactment of
this Act, the Director shall submit a report to Congress
setting forth projected direct spending targets for each of
fiscal years 1994 through 1997.
(2) The Director's projections shall be based on
legislation enacted as of 5 days before the report is submitted
under paragraph (1). To the extent feasible, the Director shall
use the same economic and technical assumptions used in
preparing the concurrent resolution on the budget for fiscal
year 1994 (H. Con. Res. 64, One Hundred Third Congress).
(c) Adjustments.--Direct spending targets shall be subsequently
adjusted by the Director under section 6.
SEC. 3. ANNUAL REVIEW OF DIRECT SPENDING AND RECEIPTS BY PRESIDENT.
As part of each budget submitted under section 1105(a) of title 31,
United States Code, the President shall provide an annual review of
direct spending and receipts, which shall include (1) information
supporting the adjustment of direct spending targets pursuant to
section 6, (2) information on total outlays for programs covered by the
direct spending targets, including actual outlays for the prior fiscal
year and projected outlays for the current fiscal year and the 5
succeeding fiscal years, and (3) information on the major categories of
Federal receipts, including a comparison between the levels of those
receipts and the levels projected as of the date of enactment of this
Act.
SEC. 4. SPECIAL DIRECT SPENDING MESSAGE BY PRESIDENT.
(a) Trigger.--In the event that the information submitted by the
President under section 3 indicates--
(1) that actual outlays for direct spending in the prior
fiscal year exceeded the applicable direct spending target, or
(2) that outlays for direct spending for the current or
budget year are projected to exceed the applicable direct
spending targets,
the President shall include in his budget a special direct spending
message meeting the requirements of subsection (b).
(b) Contents.--(1) The special direct spending message shall
include:
(A) An explanation of any adjustments to the direct
spending targets pursuant to section 6.
(B) An analysis of the variance in direct spending over the
adjusted direct spending targets.
(C) The President's recommendations for addressing the
direct spending overages, if any, in the prior, current, or
budget year.
(2) The President's recommendations may consist of any of the
following:
(A) Proposed legislative changes to reduce outlays,
increase revenues, or both, in order to recoup or eliminate the
overage for the prior, current, and budget years in the current
year, the budget year, and the 4 outyears.
(B) Proposed legislative changes to reduce outlays,
increase revenues, or both, in order to recoup or eliminate
part of the overage for the prior, current, and budget year in
the current year, the budget year, and the 4 outyears,
accompanied by a finding by the President that, because of
economic conditions or for other specified reasons, only some
of the overage should be recouped or eliminated by outlay
reductions or revenue increases, or both.
(C) A proposal to make no legislative changes to recoup or
eliminate any overage, accompanied by a finding by the
President that, because of economic conditions or for other
specified reasons, no legislative changes are warranted.
(3) Except as provided by paragraph (4), any proposed legislative
change under paragraph (2) to reduce outlays may include reductions in
direct spending or in the discretionary spending limits under section
601 of the Congressional Budget Act of 1974.
(4) The President's recommendations may not consist of any proposed
legislative changes under the old-age, survivors, and disability
insurance program established under title II of the Social Security
Act.
(c) Proposed Special Direct Spending Resolution.--
(1) President's recommendations to be submitted as draft
resolution.--If the President recommends reductions consistent
with subsection (b)(2)(A) or (B), the special direct spending
message shall include the text of a special direct spending
resolution implementing the President's recommendations through
reconciliation directives instructing the appropriate
committees of the House of Representatives and Senate to
determine and recommend changes in laws within their
jurisdictions to reduce outlays or increase revenues by
specified amounts. If the President recommends no reductions
pursuant to (b)(2)(C), the special direct spending message
shall include the text of a special resolution concurring in
the President's recommendation of no legislative action.
(2) Resolution to be introduced in house.--Within 10 days
after the President's special direct spending message is
submitted, the text required by paragraph (1) shall be
introduced as a concurrent resolution in the House of
Representatives by the chairman of the Committee on the Budget
of the House of Representatives without substantive revision.
If the chairman fails to do so, after the tenth day the
resolution may be introduced by any Member of the House of
Representatives. A concurrent resolution introduced under this
paragraph shall be referred to the Committee on the Budget.
SEC. 5. REQUIRED RESPONSE BY CONGRESS.
(a) Requirement for Special Direct Spending Resolution.--Whenever
the President submits a special direct spending message under section
4, the Committee on the Budget of the House of Representatives shall
report, not later than April 15, the concurrent resolution on the
budget and include in it a separate title that meets the requirements
of subsections (b) and (c).
(b) Contents of Separate Title.--The separate title of the
concurrent resolution on the budget shall contain reconciliation
directives to the appropriate committees of the House of
Representatives and Senate to determine and recommend changes in laws
within their jurisdictions to reduce outlays or increase revenues by
specified amounts (which in total equal or exceed the reductions
recommended by the President, up to the amount of the overage). If this
separate title recommends that no legislative changes be made to recoup
or eliminate an overage, then a statement to that effect shall be set
forth in that title.
(c) Requirement for Separate Vote to Increase Targets.--If the
separate title of a concurrent resolution on the budget proposes to
recoup or eliminate less than the entire overage for the prior,
current, and budget years, then the Committee on the Budget of the
House of Representatives shall report a resolution directing the
Committee on Government Operations to report legislation increasing the
direct spending targets for each applicable year by the full amount of
the overage not recouped or eliminated. It shall not be in order in the
House of Representatives to consider that concurrent resolution on the
budget until the House of Representatives has agreed to the resolution
directing the increase in direct spending targets.
(d) Conference Reports Must Fully Address Overage.--It shall not be
in order in the House of Representatives to consider a conference
report on a concurrent resolution on the budget unless that conference
report fully addresses the entirety of any overage contained in the
applicable report of the President under section 4 through
reconciliation directives requiring spending reductions, revenue
increases, or changes in the direct spending targets.
(e) Procedure if House Budget Committee Fails to Report Required
Resolution.--
(1) Automatic discharge of house budget committee.--If a
special direct spending resolution is required and the
Committee on the Budget of the House of Representatives fails
to report a resolution meeting the requirements of subsections
(b) and (c) by April 15, then the committee shall be
automatically discharged from further consideration of the
concurrent resolution reflecting the President's
recommendations introduced pursuant to section 4(c)(2) and the
concurrent resolution shall be placed on the appropriate
calendar.
(2) Consideration by house.--Ten days after the Committee
on the Budget of the House of Representatives has been
discharged under paragraph (1), any Member may move that the
House proceed to consider the resolution. Such motion shall be
highly privileged and not debatable.
(f) Application of Congressional Budget Act.--To the extent that
they are relevant and not inconsistent with this Act, the provisions of
title III of the Congressional Budget Act of 1974 shall apply in the
House of Representatives and the Senate to special direct spending
resolutions, resolutions increasing targets under subsection (c), and
reconciliation legislation reported pursuant to directives contained in
those resolutions.
(g) Limitation on Changes to the Social Security Act.--
Notwithstanding any other provision of law, it shall not be in order in
the Senate or the House of Representatives to consider any
reconciliation bill reported pursuant to a concurrent resolution on the
budget agreed to under section 301 or 304 or reconciliation legislation
reported pursuant to directives contained in any special direct
spending resolution, or any amendment thereto or conference report
thereon, that contains recommendations to make any legislative changes
under the old-age, survivors, and disability insurance program
established under title II of the Social Security Act.
SEC. 6. ADJUSTMENTS TO DIRECT SPENDING TARGETS.
(a) Required Annual Adjustments.--Prior to the submission of the
President's budget for each of fiscal years 1994 through 1997, the
Director shall adjust the direct spending targets in accordance with
this section. Any such adjustments shall be reflected in the targets
used in the President's report under section 3 and message (if any)
under section 4.
(b) Adjustment for Increases in Beneficiaries.--(1) The Director
shall adjust the direct spending targets for increases (if any) in
actual or projected numbers of beneficiaries under direct spending
programs for which the number of beneficiaries is a variable in
determining costs.
(2) The adjustment shall be made by --
(A) computing, for each program under paragraph (1), the
percentage change between (i) the annual average number of
beneficiaries under that program (including actual numbers of
beneficiaries for the prior fiscal year and projections for the
budget and subsequent fiscal years) to be used in the
President's budget with which the adjustments will be
submitted, and (ii) the annual average number of beneficiaries
used in the adjustments made by the Director in the previous
year (or, in the case of adjustments made in 1994, the annual
average number of beneficiaries used in the Director's initial
report under section 2(b));
(B) applying the percentages computed under subparagraph
(A) to the projected levels of outlays for each program
consistent with the direct spending targets in effect
immediately prior to the adjustment; and
(C) adding the results of the calculations required by
subparagraph (B) to the direct spending targets in effect
immediately prior to the adjustment.
(3) No adjustment shall be made for any program for a fiscal year
in which the percentage increase computed under paragraph (2)(A) is
less than or equal to zero.
(c) Adjustments for Revenue Legislation.--(1) The Director shall
adjust the targets as follows--
(A) they shall be increased by the amount of any increase
in receipts; or
(B) they shall be decreased by the amount of any decrease
in receipts,
resulting from receipts legislation enacted after the date of enactment
of this Act, except legislation enacted under section 5.
(d) Adjustments to Reflect Congressional Decisions.--Upon enactment
of a reconciliation bill pursuant to instructions under section 5, the
Director shall adjust direct spending targets for the current year, the
budget year, and each outyear through 1997 by--
(1) increasing the target for the current year and the
budget year by the amount stated for that year in that
reconciliation bill (but if a separate vote was required by
section 5(c), only if that vote has occurred); and
(2) decreasing the target for the current, budget, and
outyears through 1997 by the amount of reductions in direct
spending enacted in that reconciliation bill.
(e) Designated Emergencies.--The Director shall adjust the targets
to reflect the costs of legislation that is designated as an emergency
by Congress and the President under section 252(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 7. RELATIONSHIP TO BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL
ACT.
Reductions in outlays or increases in receipts resulting from
legislation reported pursuant to section 5 shall not be taken into
account for purposes of any budget enforcement procedures under the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 8. ESTIMATING MARGIN.
For any fiscal year for which the overage is less than one-half of
1 percent of the direct spending target for that year, the procedures
set forth in sections 4 and 5 shall not apply.
SEC. 9. CONSIDERATION OF APPROPRIATION BILLS.
(a) Point of Order.--It shall not be in order in the House of
Representatives to consider any general appropriation bill if the
President has submitted a direct spending message under section 4 until
Congress has adopted a concurrent resolution on the budget for the
budget year that meets the requirements of section 5.
(b) Waiver.--The point of order established by subsection (a) may
only be waived for all general appropriation bills for that budget year
through the adoption of one resolution waiving that point of order.
SEC. 10. MEANS-TESTED PROGRAMS.
In making recommendations under sections 4 and 5, the President and
the Congress should seriously consider all other alternatives before
proposing reductions in means-tested programs.
SEC. 11. EFFECTIVE DATE.
This Act shall apply to direct spending targets for fiscal years
1994 through 1997 and shall expire at the end of fiscal year 1997.
Passed the House of Representatives July 21, 1994.
Attest:
Clerk.
103d CONGRESS
2d Session
H. R. 4604
_______________________________________________________________________
AN ACT
To establish direct spending targets, and for other purposes. | Budget Control Act of 1994 - Directs the Director of the Office of Management and Budget (OMB) to submit a report to the Congress setting forth projected direct spending targets for FY 1994 through 1997. Makes the initial targets equal to the total outlays for all direct spending (except net interest and deposit insurance) as determined above by OMB, subject to annual adjustment for increases in numbers of direct spending program beneficiaries, and for revenue and emergency legislation. Requires an annual review of direct spending and receipts by the President as part of the budget process. Specifies the information to be included in the President's budget, such as information on target adjustments, and, in appropriate cases such as where direct spending outlays for the current year are projected to exceed applicable targets, a special direct spending message that includes a draft resolution recommending reduced outlays or increased revenues by specified amounts. Sets forth procedures governing congressional consideration of such recommendations (which may not consist of any proposed changes under the Old Age, Survivors and Disability Insurance Program), including: (1) requirements for a separate vote in the House of Representatives to increase direct spending targets; and (2) special rules regarding the applicability of budget process and enforcement provisions of the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) whenever budget resolutions or reconciliation legislation proposing target changes, outlay reductions, or revenue increases are reported. States that: (1) the procedures set forth in this Act shall not apply when the coverage for any fiscal year is less than one-half of one percent of the direct spending target for that year; and (2) the President and the Congress should seriously consider all other alternatives before recommending reductions in means-tested programs. Declares it shall not be in order in the House to consider any general appropriation bill if the President has submitted a special direct spending message until the Congress has adopted a concurrent budget resolution meeting the requirements of this Act. | {"src": "billsum_train", "title": "Budget Control Act of 1994"} | 3,163 | 425 | 0.706732 | 2.127007 | 0.82262 | 3.603093 | 7.793814 | 0.912371 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America's Veterans
Insurance Needs and Goals Act of 2010'' or the ``SAVINGS Act of 2010''.
SEC. 2. FINANCIAL COUNSELING AND DISCLOSURE INFORMATION FOR
SERVICEMEMBERS' GROUP LIFE INSURANCE BENEFICIARIES.
(a) Financial Counseling and Disclosure Information.--
(1) In general.--Section 1966 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(e)(1) In order to be an eligible life insurance company under
this section, a life insurance company shall--
``(A) make available, both orally and in writing, financial
counseling to a beneficiary or other person otherwise entitled
to payment upon the establishment of a valid claim under
section 1970(a) of this title; and
``(B) at the time that such beneficiary or other person
entitled to payment establishes a valid claim under section
1970(a) of this title, provide to such beneficiary or other
person the disclosures described in paragraph (2).
``(2) The disclosures provided pursuant to paragraph (1)(B) shall--
``(A) be provided both orally and in writing; and
``(B) include information with respect to the payment of
the claim, including--
``(i) an explanation of the methods available to
receive such payment, including--
``(I) receipt of a lump-sum payment;
``(II) allowing the insurance company to
maintain the lump-sum payment;
``(III) receipt of thirty-six equal monthly
installments; and
``(IV) any alternative methods;
``(ii) an explanation that any such payment that is
maintained by the life insurance company or paid in
thirty-six equal monthly installments by the company is
not insured by the Federal Deposit Insurance
Corporation;
``(iii) an explanation of the interest rate earned
on any such payment that is maintained by the life
insurance company or paid in thirty-six equal monthly
installments by the company and how such rate compares
to the interest rate earned by accounts at financial
institutions, including demand accounts; and
``(iv) other relevant information.
``(3) In order to be an eligible life insurance company under this
section, a life insurance company may not charge any fees to a
beneficiary or other person otherwise entitled to payment upon the
establishment of a valid claim under section 1970(a) of this title for
any purpose, including for maintaining such payment with the company.
``(4) The Secretary shall include in each annual performance and
accountability report submitted by the Secretary to Congress
information concerning--
``(A) the number of individuals who received financial
counseling under paragraph (1)(A);
``(B) the number of individuals who received the
disclosures under paragraph (1)(B);
``(C) the type of information received by such individuals
during such counseling; and
``(D) any recommendations, complaints, or other information
with respect to such counseling that the Secretary considers
relevant.''.
(2) Regulations.--The Secretary of Veterans Affairs shall
prescribe regulations to carry out section 1966(e) of title 38,
United States Code, as added by paragraph (1).
(b) Office of Survivors Assistance.--
(1) Advisory role.--Subsection (b) of section 321 of such
title is amended--
(A) by striking ``The Office'' and inserting ``(1)
The Office''; and
(B) by adding at the end the following:
``(2) The Director of the Office shall attend each meeting of the
Advisory Council on Servicemembers' Group Life Insurance under section
1974 of this title.''.
(2) Resources.--Subsection (d) of such section is amended--
(A) by striking ``The Secretary'' and inserting
``(1) The Secretary''; and
(B) by adding at the end the following:
``(2) In carrying out paragraph (1), the Secretary shall ensure
that the Office has the personnel necessary to serve as a resource to
provide individuals described in paragraph (1) and (2) of subsection
(a) with information on how to receive the Servicemembers' Group Life
Insurance financial counseling pursuant to section 1966(e)(1) of this
title.''.
Passed the House of Representatives September 29, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Securing America's Veterans Insurance Needs and Goals Act of 2010 or SAVINGS Act of 2010 - Requires a life insurance company, in order to provide life insurance for veterans under the Servicemembers' Group Life Insurance program, to: (1) provide financial counseling to the beneficiary or other person entitled to payment upon the establishment of a valid claim; and (2) include full disclosure with respect to such payment, including specified information with respect to interest payable and the various methods of receiving payment(s). Prohibits a company from charging fees to a payee for maintaining such payment with the company. Directs the Secretary of Veterans Affairs (VA) to include in each annual performance and accountability report submitted to Congress information concerning individuals receiving the counseling and disclosures required under this Act.
Requires: (1) the Director of the VA's Office of Survivor Assistance to attend each meeting of the Advisory Council on Servicemembers' Group Life Insurance; and (2) the Secretary to ensure that such Office has the necessary personnel to provide information on the receipt of such counseling. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to ensure that beneficiaries of Servicemembers' Group Life Insurance receive financial counseling and disclosure information regarding life insurance payments, and for other purposes."} | 970 | 227 | 0.59537 | 1.793679 | 0.899009 | 3.094059 | 4.623762 | 0.89604 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Endowment for the Arts
Termination Act of 1997''.
SEC. 2. TERMINATION OF THE NATIONAL ENDOWMENT FOR THE ARTS AND THE
NATIONAL COUNCIL ON THE ARTS.
Sections 5, 5A, and 6 of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 954, 954A, and 955) are repealed.
SEC. 3. CONFORMING AMENDMENTS.
(a) Declaration of Purpose.--Section 2 of the National Foundation
on the Arts and the Humanities Act of 1965 (20 U.S.C. 951) is amended--
(1) in paragraphs (1) and (6) by striking ``arts and the'';
(2) in paragraphs (2) and (5) by striking ``and the arts'';
(3) in paragraph (4) by striking ``the arts and'';
(4) in paragraph (5) by striking--
(A) by striking ``and the arts''; and
(B) by striking ``arts and'';
(5) in paragraph (7)--
(A) by striking ``practice of art and the'';
(B) by striking ``artist or''; and
(C) by striking ``creative'';
(6) in paragraph (9) by striking ``arts and'';
(7) by striking paragraph (11); and
(8) in paragraph (12)--
(A) by striking ``the Arts and''; and
(B) by redesignating such paragraph as paragraph
(11).
(b) Definitions.--Section 3 of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 952) is amended--
(1) by striking subsections (b), (c), and (f); and
(2) in subsection (d) by striking ``, including programs''
and all that follows through ``understanding of the arts,'';
(A) in paragraph (1)--
(i) by striking ``the National Council on
the Arts or''; and
(ii) by striking ``, as the case may be,'';
(B) in paragraph (2)--
(i) by striking ``sections 5(l) and'' and
inserting ``section'';
(ii) in subparagraph (A) by striking
``artistic or''; and
(iii) in subparagraph (B)--
(I) by striking ``the National
Council on the Arts and''; and
(II) by striking ``, as the case
may be,''; and
(C) by striking ``(d) The'' and inserting ``(b)
The''; and
(3) by redesignating subsections (e) and (g) as subsections
(c) and (d), respectively.
(c) Establishment of National Foundation on the Arts and
Humanities.--Section 4(a) of the National Foundation on the Arts and
the Humanities Act of 1965 (20 U.S.C. 953(a)) is amended--
(1) in subsection (a)--
(A) by striking ``the Arts and'' each place it
appears; and
(B) by striking ``a National Endowment for the
Arts,'';
(2) in subsection (b) by striking ``and the arts''; and
(3) in the heading of such section by striking ``the arts
and''.
(d) Federal Council on the Arts and the Humanities.--Section 9 of
the National Foundation on the Arts and the Humanities Act of 1965 (20
U.S.C. 958) is amended--
(1) in subsection (a) by striking ``the Arts and'';
(2) in subsection (b) by striking ``the Chairperson of the
National Endowment for the Arts,'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``the Chairperson
of the National Endowment for the Arts and'';
(B) in paragraph (3)--
(i) by striking ``the National Endowment
for the Arts,''; and
(ii) by striking ``Humanities,'' and
inserting ``Humanities'';
(C) in paragraph (6) by striking ``arts and''; and
(D) in paragraph (7) by striking ``the arts and''.
(e) Administrative Functions.--Section 10 of the National
Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 959)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``in them'';
(ii) by striking ``the Chairperson of the
National Endowment for the Arts and''; and
(iii) by striking ``, in carrying out their
respective functions,'';
(B) by striking ``of an Endowment'' each place it
appears;
(C) in paragraph (2)--
(i) by striking ``of that Endowment'' the
first place it appears and inserting ``the
National Endowment for the Humanities'';
(ii) by striking ``sections 6(f) and'' and
inserting ``section''; and
(iii) by striking ``sections 5(c) and'' and
inserting ``section''; and
(D) in paragraph (3) by striking ``define their
duties, and supervise and direct their activities'' and
inserting ``define the activities of the employees, and
supervise and direct the activities of the employees'';
(2) in subsection (b)--
(A) by striking paragraphs (1), (2), and (3); and
(B) in paragraph (4)--
(i) by striking ``one of its Endowments and
received by the Chairperson of an Endowment''
and inserting ``the National Endowment for the
Humanities and received by the Chairperson of
that Endowment''; and
(ii) by striking ``(4)'';
(3) by striking subsection (c);
(4) in subsection (d)--
(A) by striking ``Chairperson of the National
Endowment for the Arts and the''; and
(B) by striking ``each'' the first place it
appears;
(5) in subsection (e)--
(A) by striking ``National Council on the Arts and
the''; and
(B) by striking ``, respectively, may each'' and
inserting ``may''; and
(6) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``Chairperson of the
National Endowment for the Arts and the''; and
(ii) by striking ``their respective
Endowments under sections 5(c) and'' and
inserting ``the Endowment under section'';
(B) in paragraph (2)(A)--
(i) by striking ``either of the
Endowments'' and inserting ``the National
Endowment for the Humanities''; and
(ii) by striking ``involved''; and
(C) in paragraph (3)--
(i) by striking ``that provided such
financial assistance'' each place it appears;
and
(ii) in subparagraph (C) by striking ``the
National Endowment for the Arts or''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 11 of the National Foundation on the Arts and the
Humanities Act of 1965 (20 U.S.C. 960) is amended--
(1) in subsection (a)(1)--
(A) by striking subparagraph (A); and
(B) in subparagraph (B) by striking ``(B)'';
(2) in subsection (a)(2)--
(A) by striking subparagraph (A); and
(B) in subparagraph (B)--
(i) by striking ``(B)''; and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively;
(3) in subsection (a)(3)--
(A) by striking subparagraph (A);
(B) in subparagraph (B)--
(i) by striking ``(B)''; and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively; and
(C) by striking subparagraph (C);
(4) in subsection (a)(4)--
(A) by striking ``Chairperson of the National
Endowment for the Arts and the'';
(B) by striking ``, as the case may be,''; and
(C) by striking ``section 5(e), section 5(l)(2),
section 7(f),'' and inserting ``section 7(f)'';
(5) in subsection (c)--
(A) by striking paragraph (1); and
(B) in paragraph (2) by striking ``(2)'';
(6) in subsection (d)--
(A) by striking paragraph (1); and
(B) in paragraph (2) by striking ``(2)''; and
(7) by striking subsection (f).
SEC. 5. SHORT TITLE.
Section 1 of the National Foundation on the Arts and the Humanities
Act of 1965 (20 U.S.C. 951 note) is amended by striking ``the Arts
and''.
SEC. 6. TRANSITION PROVISIONS.
The Director of the Office of Management and Budget shall provide
for the termination of the affairs of the National Endowment for the
Arts and the National Council on the Arts, including the appropriate
transfer or other disposition of personnel, assets, liabilities,
grants, contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with implementing the authorities terminated by the amendments made by
this Act.
SEC. 7. EFFECTIVE DATES.
(a) General Effective Date.--Except as provided in subsection (b),
this Act shall take effect on the date of enactment of this Act.
(b) Effective Date of Amendments.--Sections 2, 3, 4, and 5 shall
take effect on the first day of the first fiscal year beginning after
the date of enactment of this Act. | National Endowment for the Arts Termination Act of 1997 - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Arts (NEA) and the National Council on the Arts (NCA).
Renames such Act the National Foundation on the Humanities Act of 1965.
Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of the NEA and the NCA. | {"src": "billsum_train", "title": "National Endowment for the Arts Termination Act of 1997"} | 2,370 | 103 | 0.569143 | 1.359206 | 0.771944 | 5.482353 | 25.458824 | 0.894118 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Data Center
Optimization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Federal Data Center Optimization Initiative.
Sec. 5. Performance requirements related to data center consolidation.
Sec. 6. Disposition of savings from data consolidation.
Sec. 7. Reporting requirements to Congress and the Federal Chief
Information Officer.
Sec. 8. Agencies included in the Federal Data Center Optimization
Initiative.
SEC. 2. PURPOSE.
The purpose of this Act is to optimize Federal data center usage
and efficiency.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal data center optimization initiative.--The term
``Federal Data Center Optimization Initiative'' means the
initiative developed and implemented pursuant to section 4.
(2) Covered agency.--The term ``covered agency'' means any
agency included in the Federal Data Center Optimization
Initiative pursuant to section 8.
(3) Federal chief information officer.--The term ``Federal
Chief Information Officer'' means the chief information officer
of the Office of Management and Budget.
(4) Data center.--The term ``data center'' means any room
that is devoted to data processing servers, including server
closets (typically less than 200 square feet) and server rooms
(typically less than 500 square feet), within a conventional
building, and larger spaces in any building dedicated to
housing servers, storage devices, and network equipment, but
the term does not include facilities that are exclusively
devoted to communications and network equipment (such as
telephone exchanges) and telecommunications rooms and closets.
(5) Desktop virtualization.--The term ``desktop
virtualization'' means any technology that creates a virtual
version of an information technology device or resource and is
used to separate a computer desktop environment from the
physical computer.
(6) Virtualization.--The term ``virtualization'' means the
simulation of the software or hardware, or both, upon which
other software runs which allows servers to be consolidated in
ratios of 5:1 up to 25:1. The use of virtualization technology
is both an instrumental and necessary component to achieve
increases in server utilization rates. This simulated
environment is called a virtual machine (VM).
(7) Federal data center.--The term ``Federal data center''
means any data center of a covered agency used or operated by a
covered agency, by a contractor of a covered agency, or by
another organization on behalf of a covered agency.
(8) Power utilization effectiveness.--The term ``power
utilization effectiveness'' means the ratio obtained by
dividing the total amount of electricity and other power
consumed in running a data center by the power consumed by the
information and communications technology in the data center.
(9) Server utilization.--The term ``server utilization''
refers to the activity level of a server relative to its
maximum activity level during peek hours of operation,
expressed as a percentage.
(10) Cloud computing.--The term ``cloud computing'', as
defined by National Institute of Standards and Technology,
means a model for enabling ubiquitous, convenient, on-demand
network access to a shared pool of configurable computing
resources (such as networks, servers, storage, applications,
and services) that can be rapidly provisioned and released with
minimal management effort or service provider interaction. The
model is composed of the following:
(A) Five essential characteristics, which are on-
demand service, broad network access, resource pooling,
rapid elasticity, and measured service.
(B) Three service models, which are software as a
service, platform as a service, and infrastructure as a
service.
(C) Four deployment models, which are private
cloud, community cloud, public cloud, and hybrid cloud.
SEC. 4. FEDERAL DATA CENTER OPTIMIZATION INITIATIVE.
(a) Requirement for Initiative.--The Federal Chief Information
Officer, in consultation with the chief information officers of covered
agencies, shall develop and implement an initiative to optimize the
usage and efficiency of Federal data centers by meeting the
requirements of this Act and taking additional measures, as
appropriate.
(b) Requirement for Plan.--Within 6 months after the date of the
enactment of this Act, the Federal Chief Information Officer, in
consultation with the chief information officers of covered agencies,
shall develop and submit to Congress a consolidated plan for
implementation of the initiative by each agency. The agency
consolidation plans must include descriptions of how agencies will use
reductions in floor space, energy use, infrastructure, equipment,
applications, personnel, increases in multiorganizational use, and
other appropriate methods to meet the requirements of the initiative.
The agency consolidation plans must also be included in, and consistent
with, the President's annual budget submission materials, including the
detailed budget justifications and appropriations estimates.
SEC. 5. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER CONSOLIDATION.
(a) Server Utilization.--
(1) 75 percent.--Each covered agency shall meet or exceed
75 percent average server utilization in agency data centers by
2015.
(2) Methods to achieve requirement.--Each covered agency
shall use the following methods to meet the requirement in
paragraph (1):
(A) The closing of existing data centers that have
an average server utilization of under 65 percent. If
the agency fails to close data centers with a
utilization of under 65 percent, the agency must
provide a detailed explanation as to why this data
center should remain in use as part of the submitted
plan. The Federal Chief Information Officer will
include an assessment of the agency explanation in the
annual report to Congress.
(B) The use of virtualization technology to achieve
the consolidation of services within existing data
centers to increase server utilization rates.
(C) Shifting to a ``cloud first'' policy, under
which agencies shall use one or more of the following:
(i) Use commercial cloud technologies where
feasible and cost effective by migrating agency
data and government-provided services from
agency owned and operated data centers to cloud
computing services generally available with the
private sector.
(ii) Launch private government cloud
services within an agency, or share resources
across several agencies where more feasible and
cost-effective in comparison to use of public
cloud services.
(iii) Use regional clouds with State and
local governments where appropriate.
(D) The consolidation of data centers across
agencies.
(E) Other methods identified by chief information
offices of the agencies and the Federal Chief
Information Officer.
(b) Power Utilization Effectiveness.--Each covered agency shall
achieve an average power utilization effectiveness for its data centers
of 1.2 or less by 2015.
(c) Power Metering.--
(1) This Act authorizes a pilot program be established at
the Department of Defense aimed at researching innovative ways
to achieve full metering.
(2) The covered agency must establish other methods to
obtain accurate data to measure power utilization effectiveness
subject to the approval of the Federal Chief Information
Officer.
(d) Desktop Virtualization.--Each covered agency shall use desktop
virtualization with existing workstations to the extent that is
practicable, to save equipment replacement costs and improve the
security posture of enpoint devices by migrating end user data from the
device into the private cloud of the agency.
(e) Efficient Information Technology.--Each covered agency shall
give high priority to replacement of data center servers and other
information technology equipment with more efficient equipment, using a
baseline including the physical to virtual consolidation ratio and
other criteria developed by the Federal Chief Information Officer in
consultation with agency chief information officers.
SEC. 6. DISPOSITION OF SAVINGS FROM DATA CONSOLIDATION.
(a) Requirement To Track Costs.--
(1) In general.--Each covered agency shall track costs
resulting from implementation of the Federal Data Center
Optimization Initiative within the agency and submit a report
on those costs annually to the Federal Chief Information
Officer. Covered agencies shall determine the net costs from
data consolidation on an annual basis.
(2) Factors.--In calculating net costs each year under
paragraph (1), a covered agency shall use the following
factors:
(A) Energy costs.
(B) Personnel costs.
(C) Real Estate costs.
(D) Capital expense costs.
(E) Operating system, database, and other software
license expense costs.
(F) Other appropriate costs, as determined by the
agency in consultation with the Federal Chief
Information Officer.
(b) Requirement To Track Savings.--
(1) In general.--Each covered agency shall track savings
resulting from implementation of the Federal Data Center
Optimization Initiative within the agency and submit a report
on those savings annually to the Federal Chief Information
Officer. Covered agencies shall determine the net savings from
data consolidation on an annual basis.
(2) Factors.--In calculating net savings each year under
paragraph (1), a covered agency shall use the following
factors:
(A) Energy savings.
(B) Personnel savings.
(C) Real Estate savings.
(D) Capital expense savings.
(E) Operating system, database and other software
license expense savings.
(F) Other appropriate savings, as determined by the
agency in consultation with the Federal Chief
Information Officer.
(c) Cost Effective Measures.--Covered agencies shall use the most
cost effective measures to implement the Federal Data Center
Optimization Initiative.
(d) Use of Savings.--Any savings resulting from implementation of
the Federal Data Center Optimization Initiative within a covered agency
shall be used for the following purposes:
(1) To offset the costs of implementing the Initiative
within the agency.
(2) To further enhance information technology capabilities
and services within the agency.
(e) Comptroller General Report.--Not later than three months after
the date of the enactment of this Act, the Comptroller General of the
United States shall examine methods for calculating savings from the
Initiative and using them for the purposes identified in subsection
(c), including establishment and use of a special revolving fund that
supports data centers and server optimization, and shall submit to the
Federal Chief Information Officer and Congress a report on the
Comptroller General's findings and recommendations. The Federal Chief
Information Officer shall take those findings and recommendations into
account in developing the plan under section 4(b).
SEC. 7. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL CHIEF
INFORMATION OFFICER.
(a) Agency Requirement To Report to CIO.--Each year, each covered
agency shall submit to the Federal Chief Information Officer a report
on the implementation of the Federal Data Center Consolidation
Initiative. The report shall include an update of the agency's plan for
implementing the Initiative.
(b) Federal Chief Information Officer Requirement To Report to
Congress.--Each year, the Federal Chief Information Officer shall
submit to the Committee on Science, Space, and Technology and the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a consolidated report that assesses agency
progress in carrying out the Federal Data Center Consolidation
Initiative and updates the plan under section 4(b). The report may be
included as part of the annual report required under section 3606 of
title 44, United States Code. This report may also be included in the
agency budget submissions to the Office of Management and Budget.
SEC. 8. AGENCIES INCLUDED IN THE FEDERAL DATA CENTER OPTIMIZATION
INITIATIVE.
The following agencies shall be covered by the Federal Data Center
Optimization Initiative:
(1) Current agencies.--Each agency described in section
901(b) of title 31, United States Code.
(2) Additional agencies.--Such other additional agencies as
the Federal Chief Information Officer determines appropriate,
after examining whether additional agencies should be covered
by the Initiative and including the results of such examination
in the plan under section 4(b) and updates under section 7. | Data Center Optimization Act - Directs the chief information officer of the Office of Management and Budget (OMB) (Federal CIO) to: (1) develop and implement an initiative to optimize the usage and efficiency of federal data centers, (2) submit to Congress a consolidated plan for implementation of the initiative by each agency, and (3) submit a consolidated report each year that assesses agency progress in carrying out the initiative and that updates such plan.
Requires agency implementation plans to: (1) include descriptions of how agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multi-organizational use, and other appropriate methods to meet initiative requirements; and (2) be included in, and consistent with, the President's annual budget submission materials.
Requires each agency included in the initiative to: (1) meet or exceed 75% average server utilization in agency data centers by 2015; (2) achieve an average power utilization effectiveness for its data centers of 1.2 or less by 2015; (3) establish methods to obtain accurate data to measure power utilization effectiveness; (4) use desktop virtualization with existing workstations to the extent practicable; and (5) give high priority to replacement of data center servers and other information technology equipment with more efficient equipment, using a baseline including the physical to virtual consolidation ratio and other criteria developed by the Federal CIO. Authorizes the establishment at the Department of Defense (DOD) of a pilot program aimed at researching innovation ways to achieve full metering.
Requires such agencies to: (1) track costs and savings resulting from implementation of the initiative and report on those costs and savings annually to the Federal CIO, (2) determine net costs and net savings from data consolidation on an annual basis, (3) use the most cost effective measures to implement the initiative, (4) use resulting savings to offset implementation costs and to further enhance information technology capabilities and services, and (5) report to the Federal CIO annually on the initiative's implementation. | {"src": "billsum_train", "title": "To optimize Federal data center usage and efficiency."} | 2,615 | 417 | 0.642462 | 2.143348 | 0.760267 | 4.76 | 6.1475 | 0.965 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Biotechnology Information
Initiative Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Biotechnology has been used for many years to develop
new and useful products used in a variety of industries.
(2) Biotechnology holds the potential for benefits to
mankind in a number of areas by allowing individual, well-
characterized genes to be transferred from one organism to
another organism and thus increasing the genetic diversity
available to improve commercial plant species.
(3) Plant varieties created with biotechnology will offer
foods with better taste, more nutrition, and longer shelf life.
Farmers will be able to grow these varieties more efficiently,
leading to lower costs for consumers and greater environmental
protection through effective and targeted pesticide and
herbicide use and a reduction in soil erosion through an
increase in the use of no-till farming.
(4) On April 5, 2000, the National Research Council
released a report entitled ``Genetically Modified Pest-
Protected Plants: Science and Regulation''. The report
emphasized that there is no evidence that foods produced though
biotechnology are unsafe to eat, but that, given the current
level of public concern over these foods, Federal agencies
should conduct more research to reduce the concern about
potential harm to human health and the environment. In
addition, the report recommends that the quantity, quality, and
public accessibility of information on the regulation of
transgenic pest-protected plant products should be expanded.
(5) The Food and Drug Administration, the Department of
Agriculture, and the Environmental Protection Agency are all
involved in the regulatory process for the use of biotechnology
in foods.
(6) United States consumers are increasingly concerned that
food safety issues regarding the use of biotechnology in foods
are not being adequately addressed.
(7) All foods, including those based on biotechnology,
should continue to be subject to a rigorous Government
regulatory process that evaluates the safety of the products to
the consumer and the environment. This process should continue
to be based on scientific methods that meet state-of-the-art
scientific standards.
(8) Ensuring that the underlying scientific information and
the regulatory framework for managing biotechnology is shared
with consumers is imperative and should be an integral part of
United States food and agriculture programs.
SEC. 3. PROGRAM OF PUBLIC EDUCATION REGARDING USE OF BIOTECHNOLOGY IN
PRODUCING FOOD FOR HUMAN CONSUMPTION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture, in collaboration
with the Secretary of Health and Human Services (acting through the
Commissioner of Food and Drugs and in consultation with the
Administrator of the Environmental Protection Agency), shall develop
and implement a program to communicate with the public regarding the
use of biotechnology in producing food for human consumption. The
information provided under the program shall include the following:
(1) Science-based evidence on the safety of foods produced
with biotechnology.
(2) Scientific data on the human outcomes of the use of
biotechnology to produce food for human consumption.
(3) An analysis of the risks and benefits to the
environment of such use, conducted in accordance with
established scientific principles, and including information
from the Administrator of the Environmental Protection Agency.
(b) Administration as Component of President's Food Safety
Initiative.--Subsection (a) shall be carried out as a component of the
Food Safety Initiative announced by the President on January 25, 1997,
and carried out by the Secretary of Health and Human Services, the
Department of Agriculture, and the Environmental Protection Agency. Of
the funds available for such Initiative for fiscal years 2001 and 2002,
not more than $10,000,000 may be expended each such year for carrying
out subsection (a).
SEC. 4. GRANTS FOR RESEARCH ON ECONOMIC AND ENVIRONMENTAL RISKS AND
BENEFITS OF USING BIOTECHNOLOGY IN FOOD PRODUCTION.
(a) Expansion of Current Research Program.--Subsections (a) and (b)
of section 1668 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5921) are amended to read as follows:
``(a) Purpose.--It is the purpose of this section to--
``(1) authorize and support research intended to identify
and analyze technological developments in the area of
biotechnology for the purpose of evaluating the potential
positive and adverse effects of such developments on the United
States farm economy and the environment and addressing public concerns
about potential adverse environmental effects of using biotechnology in
food production; and
``(2) authorize research to help regulators develop
policies, as soon as practicable, concerning the introduction
and use of biotechnology.
``(b) Grant Program.--The Secretary of Agriculture shall establish
a competitive grant program to provide the necessary funding for
research designed to further the purposes specified in subsection (a).
The grant program shall be conducted through the Cooperative State
Research, Education, and Extension Service and the Agricultural
Research Service''.
(b) Types of Research.--Subsection (c) of such section is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Research designed to evaluate the potential effect of
biotechnology developments on the United States farm economy,
the competitive status of United States agricultural
commodities and foods in foreign markets, and consumer
confidence in the healthfulness and safety of agricultural
commodities and foods.''.
(c) Priority.--Subsection (d)(1) of such section is amended by
inserting before the semicolon the following: ``, but giving priority
to projects designed to develop improved methods for identifying
potential allergens in pest-protected plants, with particular emphasis
on the development of tests with human immune-system endpoints and of
more reliable animal models''.
(d) Conforming Amendments.--(1) Subsection (g)(2) of such section
is amended by striking ``for research on biotechnology risk
assessment''.
(2) The heading of such section is amended to read as follows:
``SEC. 1668. GRANTS FOR RESEARCH ON ECONOMIC AND ENVIRONMENTAL RISKS
AND BENEFITS OF USING BIOTECHNOLOGY IN FOOD
PRODUCTION.''. | Food Biotechnology Information Initiative Act - Directs the Secretary of Agriculture to establish a public information program regarding the use of biotechnology to produce food for human consumption (which shall be carried out as a component of the Food Safety Initiative of the President).Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to revise the purposes and types of research under the biotechnology risk assessment grant program, including the use of biotechnology in food production. | {"src": "billsum_train", "title": "To provide for a program to educate the public regarding the use of biotechnology in producing food for human consumption, to support additional scientific research regarding the potential economic and environmental risks and benefits of using biotechnology to produce food, and for other purposes."} | 1,364 | 97 | 0.502537 | 1.24166 | 0.735437 | 4.365854 | 15.658537 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Relief Improvement Act of
2001''.
SEC. 2. REDUCED CAPITAL GAINS RATE FOR INDIVIDUALS.
(a) In General.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended to read as follows:
``(h) Maximum Capital Gains Rate.--
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, the tax imposed by this section for such
taxable year shall not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
taxable income reduced by the net capital gain,
``(B) 7.5 percent of so much of the taxpayer's net
capital gain (or, if less, taxable income) as does not
exceed the excess (if any) of--
``(i) the amount of taxable income which
would (without regard to this paragraph) be
taxed at a rate of 15 percent or less, over
``(ii) the amount on which tax is
determined under subparagraph (A), plus
``(C) 15 percent of the taxpayer's net capital gain
(or, if less, taxable income) in excess of the amount
of capital gain on which tax is determined under
subparagraph (B).
``(2) Net capital gain taken into account as investment
income.--For purposes of this subsection, the net capital gain
for any taxable year shall be reduced (but not below zero) by
the amount which the taxpayer elects to take into account as
investment income under section 163(d)(4)(B)(iii).''
(b) Minimum Tax.--
(1) In general.--Subparagraph (A) of section 55(b)(1) of
such Code is amended by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively, and by inserting after
clause (i) the following new clause:
``(ii) Maximum rate of tax on net capital
gain.--The amount determined under the first
sentence of clause (i) shall not exceed the sum
of--
``(I) the amount determined under
such first sentence computed at the
rates and in the same manner as if this
clause had not been enacted on the
taxable excess reduced by the net
capital gain, plus
``(II) a tax of 15 percent of the
lesser of the net capital gain or the
taxable excess.''
(2) Conforming amendment.--Clause (iii) of section
55(a)(1)(A) of such Code (as redesignated by paragraph (1)) is
amended by striking ``clause (i)'' and inserting ``this
subparagraph''.
(c) Conforming Amendments.--
(1) Section 1202 of such Code (relating to 50-percent
exclusion for gain from certain small business stock) is hereby
repealed.
(2)(A) Subsection (a) of section 57 of such Code is amended
by striking paragraph (7).
(B) Subclause (II) of section 53(d)(1)(B)(ii) of such Code
is amended by striking ``, (5), and (7)'' and inserting ``and
(5)''.
(3) Paragraph (1) of section 170(e) of such Code is amended
by striking ``the amount of gain'' in the material following
subparagraph (B)(ii) and inserting ``50 percent (80 percent in
the case of a corporation) of the amount of gain''.
(4) Paragraph (2) of section 172(d) of such Code is amended
to read as follows:
``(2) Capital gains and losses of taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the amount deductible on account of losses from sales or
exchanges of capital assets shall not exceed the amount includible on
account of gains from sales or exchanges of capital assets.''
(5) Paragraph (4) of section 642(c) of such Code is amended
by striking the first sentence.
(6) Paragraph (3) of section 643(a) of such Code is amended
by striking the last sentence.
(7) Paragraph (4) of section 691(c) of such Code is amended
by striking ``1202,''.
(8) The second sentence of section 871(a)(2) of such Code
is amended by striking ``such gains and losses shall be
determined without regard to section 1202 and''.
(9) Subsection (a) of section 1044 of such Code is amended
by striking the last sentence.
(10) Paragraph (1) of section 1445(e) of such Code is
amended by striking ``28 percent'' and inserting ``15
percent''.
(11) Section 6652 of such Code is amended by striking
subsection (k) and by redesignating subsections (l) and (m) as
subsections (k) and (l), respectively.
(12)(A) The second sentence of section 7518(g)(6)(A) of
such Code is amended by striking ``28 percent'' and inserting
``15 percent''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936 is amended by striking ``28 percent''
and inserting ``15 percent''.
(13) The table of sections for part I of subchapter P of
chapter 1 of such Code is amended by striking the item relating
to section 1202.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2001.
(2) Withholding.--The amendment made by subsection (c)(10)
shall apply to amounts paid after December 31, 2001.
SEC. 3. REPEAL OF SUNSETS OF ECONOMIC GROWTH AND TAX RELIEF
RECONCILIATION ACT OF 2001.
(a) In General.--Title IX of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (Public Law 107-16) is hereby repealed.
(b) Deduction for Higher Education Expenses Made Permanent.--
(1) In general.--Section 222 of the Internal Revenue Code
of 1986 is amended by striking subsection (e).
(2) Conforming amendment.--Subparagraph (B) of section
222(b)(2) of such Code is amended--
(A) by striking ``or 2005'' and inserting ``or
thereafter'', and
(B) by striking ``and 2005'' in the heading and
inserting ``and thereafter''.
(c) Nonrefundable Credit to Certain Individuals for Elective
Deferrals and IRA Contributions Made Permanent.--Section 25B of such
Code is amended by striking subsection (g).
(d) Increase in Alternative Minimum Tax Exemption Made Permanent.--
(1) Subparagraph (A) of section 55(d)(1) of such Code
(relating to exemption amount for taxpayers other than
corporations) is amended by striking ``$45,000 ($49,000 in the
case of taxable years beginning in 2001, 2002, 2003, and
2004)'' and inserting ``$49,000''.
(2) Subparagraph (B) of section 55(d)(1) of such Code
(relating to exemption amount for taxpayers other than
corporations) is amended by striking ``$33,750 ($35,750 in the
case of taxable years beginning in 2001, 2002, 2003, and
2004)'' and inserting ``$35,750''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Economic Growth and Tax
Relief Reconciliation Act of 2001 to which they relate. | Tax Relief Improvement Act of 2001 - Amends the Internal Revenue Code (IRC) to reduce individual capital gains tax rates.Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal title IX (Compliance with Congressional Budget Act).Makes permanent IRC provisions relating to: (1) the deduction for higher education expenses; (2) the nonrefundable credit to certain individuals for elective deferrals and IRA contributions; and (3) the increase in the alternative minimum tax exemption. | {"src": "billsum_train", "title": "To spur job growth by reducing individual capital gains rates and to make permanent the Economic Growth and Tax Relief Act of 2001."} | 1,771 | 106 | 0.442402 | 0.986867 | 0.1946 | 2.977528 | 17.58427 | 0.842697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senate Family Leave Act''.
SEC. 2. PAID LEAVE FOR LEGISLATIVE BRANCH EMPLOYEES.
Section 202 of the Congressional Accountability Act of 1995 (2
U.S.C. 1312) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2); and
(B) by inserting after paragraph (1) the following:
``(2) Paid leave following birth.--
``(A) Leave following birth to assist in employee's
recovery.--Leave granted under paragraph (1) in
accordance with section 102(a)(1)(D) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(D)) to
an employee who gives birth shall include paid leave
for a contiguous period immediately following the
birth, to assist in the employee's recovery. The
employee shall be entitled to the paid leave for 7
contiguous workweeks, or for such lesser amount of
leave time as is available to the employee under
paragraph (1).
``(B) Leave following birth generally.--Leave
granted under paragraph (1) in accordance with section
102(a)(1)(A) of the Family and Medical Leave Act of
1993 (29 U.S.C. 2612(a)(1)(A)) to an employee because
of the birth of a son or daughter of the employee shall
include paid leave. The employee shall be entitled to
the paid leave for 1 workweek, or for such lesser
amount of leave time as is available to the employee
under paragraph (1).
``(3) Paid leave following placement for adoption or foster
care.--Leave granted under paragraph (1) in accordance with
section 102(a)(1)(B) of the Family and Medical Leave Act of
1993 (29 U.S.C. 2612(a)(1)(B)) to an employee because of the
placement of a son or daughter with the employee for adoption
or foster care shall include paid leave. The employee shall be
entitled to the paid leave for 1 workweek, or for such lesser
amount of leave time as is available to the employee under
paragraph (1).
``(4) Definitions.--For purposes of this subsection,
including the application described in paragraph (1)--
``(A) the term `employer' as used in the Family and
Medical Leave Act of 1993 means any employing office
headed by a person with the final authority described
in section 101(9)(C), concerning a covered employee who
is not an employee of the House of Representatives; and
``(B) the term `eligible employee' as used in the
Family and Medical Leave Act of 1993, and the term
`employee' as used in paragraphs (2) and (3), means a
covered employee (who is not an employee of the House
of Representatives) who has been employed in any
employing office for 12 months and for at least 1,250
hours of employment during the previous 12 months.'';
(2) in subsection (c), by adding at the end the following:
``(3) Paid leave.--
``(A) In general.--Paragraphs (2) and (3) of
subsection (a) shall apply to--
``(i) the Government Accountability Office
and each employee of that office who has been
employed by that office as described in
subsection (a)(4)(B); and
``(ii) the Library of Congress and each
employee of that office who has been employed
by that office as described in subsection
(a)(4)(B).
``(B) Regulations.--The Comptroller General of the
United States and the Librarian of Congress shall issue
regulations to implement the rights and protections
established under this paragraph.''; and
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``(other than
subsection (c))'' before the period; and
(B) in paragraph (2), by inserting ``The'' and
inserting ``Except with regard to regulations issued to
implement paragraphs (2) and (3) of subsection (a),
the''.
SEC. 3. RESPONSIBLE PARENTING LEAVE FOR LEGISLATIVE BRANCH EMPLOYEES.
The Congressional Accountability Act of 1995 is amended by
inserting after section 202 (2 U.S.C. 1312) the following:
``SEC. 202A. RIGHTS AND PROTECTIONS RELATING TO RESPONSIBLE PARENTING
LEAVE.
``(a) Responsible Parenting Leave Rights and Protections
Provided.--
``(1) Definitions.--For purposes of this subsection,
including the application described in paragraph (4)--
``(A) the term `employer' as used in the Family and
Medical Leave Act of 1993 means any employing office
headed by a person with the final authority described
in section 101(9)(C) concerning a covered employee who
is not an employee of the House of Representatives;
``(B) the term `eligible employee' as used in the
Family and Medical Leave Act of 1993, and the term
`employee' as used in this subsection, means a covered
employee (who is not an employee of the House of
Representatives) who has been employed in any employing
office for 12 months and for at least 1,250 hours of
employment during the previous 12 months; and
``(C) the term `son or daughter' has the meaning
given the term in section 101 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611).
``(2) Responsible parenting leave rights and protections.--
``(A) In general.--In addition to any leave
provided under section 202, an employee shall be
entitled to a total of 8 hours of paid leave, which may
be taken intermittently during any 12-month period, to
accompany the employee's son or daughter to--
``(i) a medical or dental appointment;
``(ii) an appointment with a teacher or
other official of the son's or daughter's
school; or
``(iii) a school function of the son's or
daughter's school.
``(B) Multiple children.--Subparagraph (A) applies
separately to each son or daughter of an employee.
``(3) Notice and certification.--
``(A) Notice.--In any case in which the necessity
for leave under paragraph (2) is foreseeable, the
employee shall provide the employing office with not
less than 7 days' notice, before the date the leave is
to begin, of the employee's intention to take leave
under such paragraph. If the necessity for the leave is
not foreseeable, the employee shall provide such notice
as is practicable.
``(B) Certification.--An employing office may
require that a request for leave under paragraph (2) be
supported by a certification issued at such time and in
such manner as the Board may by regulation prescribe.
``(4) Employment and benefits protection and prohibited
acts.--The rights and protections established by subsections
(a) (other than paragraph (4)) and (c)(1) of section 104 of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2614) shall
apply to employees with respect to leave under paragraph (2).
For purposes of the application described in this paragraph,
references in that section 104 to leave shall be considered to
be references to leave under paragraph (2).
``(b) Remedy.--The remedy for a violation of subsection (a) shall
be such remedy, including liquidated damages, as would be appropriate
if awarded under paragraph (1) of section 107(a) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2617(a)(1)).
``(c) Application to Government Accountability Office and Library
of Congress.--
``(1) In general.--Subsections (a) and (b) shall apply to--
``(A) the Government Accountability Office and each
employee of that office who has been employed by that
office as described in subsection (a)(1)(B); and
``(B) the Library of Congress and each employee of
that office who has been employed by that office as
described in subsection (a)(1)(B).
``(2) Regulations.--The Comptroller General of the United
States and the Librarian of Congress shall issue regulations to
implement the rights and protections established under this
subsection.
``(d) Regulations.--The Board shall, pursuant to section 304, issue
regulations to implement the rights and protections under this section
(other than subsection (c)).''. | Senate Family Leave Act - Amends the Congressional Accountability Act of 1995 (CAA) to entitle a covered legislative branch employee, other than an employee of the House of Representatives, and in accordance with the Family and Medical Leave Act of 1993 (FMLA), to paid leave of: (1) eight weeks for giving birth; (2) at least five days for a father (or partner) for the birth of a child; (3) at least five days for adopting a child or taking it into foster care; and (4) eight hours during any 12-month period to accompany a child to medical or school appointments.
Applies such leave separately for each child of the employee.
Extends certain FMLA employment and benefits protections to such an employee. Prescribes a remedy for any violation of such protections.
Applies the paid leave requirements of this Act to the Government Accountability Office (GAO), the Library of Congress, and each of their employees who has met certain length of employment requirements. | {"src": "billsum_train", "title": "A bill to amend the Congressional Accountability Act of 1995 to provide for 8 weeks of paid leave for Senate employees giving birth, and for other purposes."} | 1,916 | 214 | 0.531588 | 1.543138 | 0.642469 | 2.357143 | 8.795918 | 0.836735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Claims Licensing Advancement for
Interstate Matters Act'' or the ``CLAIM Act''.
SEC. 2. MODEL LICENSING ACT.
To promote the policy of robust consumer protection for and more
efficient interstate adjusting of property, casualty, disability, or
workers' compensation claims, the Congress hereby urges the National
Association of Insurance Commissioners to adopt a model independent
claims adjuster licensing Act that--
(1) contains basic standards for the integrity, personal
qualifications, education, training, and experience required of
independent claims adjusters, including continuing education
requirements and ethics course requirements; and
(2) does not impose any limitation or condition upon any
independent claims adjuster to be licensed or otherwise
authorized to do business in a State because of his or her
status as a non-resident of that State.
SEC. 3. MULTI-STATE EXAMINATION.
(a) Establishment.--The Congress hereby urges the NAIC to adopt and
administer a multi-State examination for an independent claims adjuster
seeking to adjust claims in a jurisdiction other than his or her home
State.
(b) Examinee Eligibility.--The NAIC may require that, as a
condition for taking a multi-State examination administered pursuant to
this section, the examinee shall--
(1) be duly licensed as an independent claims adjuster by
his or her home State;
(2) meet such integrity, degree, training, and experience
requirements as the NAIC considers necessary; and
(3) meet any continuing education requirements as
established by his or her home State.
(c) Cross-Jurisdiction Competency.--Any multi-State examination
administered pursuant to this section shall require adjusters to
demonstrate essential competence with cross-jurisdictional legal and
regulatory concepts, and shall include such ethics and other testing as
the NAIC deems necessary.
SEC. 4. STATE AUTHORITIES.
Nothing in this Act shall be construed to--
(1) require a State that does not have licensing
requirements for independent claims adjusters to adopt any such
requirements;
(2) subject to section 6, limit the right of a State to
establish licensing fees or enforce its laws regarding the
adjusting of insurance claims, provided that such fee is
uniform regardless of the State of residence of the licensee;
or
(3) affect the jurisdiction and authority of a State
insurance regulator to prescribe and enforce its insurance
laws, rules, and regulations regulating independent claims
adjuster activity in its jurisdiction.
SEC. 5. INTERSTATE CLAIMS ADJUSTING LICENSING REFORMS.
(a) In General.--A State is in compliance with the requirements of
this subsection, and section 6 shall not apply with respect to such
State, if before the expiration of the 4-year period beginning on the
date of the enactment of this Act the State has enacted and has in
effect--
(1) in the case only of a State that requires and issues
licenses for independent claims adjusters, laws and regulations
governing individuals and entities authorized to operate as
independent claims adjusters within the State that are
functionally equivalent in meaning and effect to those under
any model act developed pursuant to section 2; and
(2) laws and regulations governing non-home State
individuals and entities operating as independent claims
adjusters within that State that provide for the reciprocity
required under subsection (c) with other States.
(b) Uniformity Requirements.--A State that licenses independent
claims adjusters shall be deemed to have established the uniformity
referred to in subsection (a)(1) if it has enacted and adheres to
criteria for the licensing and authorization of adjusters that are
functionally equivalent in meaning and effect to those set forth in a
model act established pursuant to section 2.
(c) Reciprocity Requirements.--The laws and regulations of a
certain State shall be considered to provide for the reciprocity
required under this subsection only if such laws and regulations--
(1) do not require licensure of independent claims
adjusters; or
(2) permit any independent claims adjuster who has a
license in another State that is the adjuster's home State to
obtain authorization to engage in the business of adjusting in
such certain State as a non-resident to the same extent that
such adjuster is permitted to practice in the adjuster's home
State, without satisfying any additional requirements other
than, if required under applicable law, to submit--
(A) proof of being licensed in good standing in the
adjuster's home State; Provided, That such home State
has enacted laws and regulations governing individuals
and entities authorized to operate as independent
claims adjusters within such home State that are
functionally equivalent in meaning and effect to those
under any model act developed pursuant to section 2;
and
(B) payment of any requisite fee to the appropriate
authority of the certain State; Provided, That the
amount of such fee does not exceed any fee required to
be paid by an adjuster whose home State is such certain
State.
(d) NAIC Determination.--
(1) Determination.--A State shall be considered to be in
compliance with subsection (a) for purposes of this Act if the
NAIC determines that, before the expiration of the 4-year
period beginning on the date of enactment of this Act, the
State is in compliance with the requirements under such
subsection.
(2) Continued review.--With respect to any State that the
NAIC has determined to be in compliance with the requirements
of subsection (a), the Congress hereby urges NAIC to continue
to review and determine such State's compliance with the
requirements of subsection (a) on an annual basis. If the NAIC
determines at any time that a State no longer is in compliance
with the requirements of subsection (a), section 6 shall apply
with respect to such State.
(3) Judicial review.--The appropriate United States
District Court shall have exclusive jurisdiction over any
challenge arising under this section. The court shall apply the
standards set forth in section 706 of title 5, United States
Code, in reviewing any such challenge.
SEC. 6. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING.
(a) Authority.--In the case of any State that requires and issues
licenses for independent claims adjusters but is not in compliance with
section 5(a), after the expiration of the 4-year period beginning on
the date of the enactment of this Act, an independent claims adjuster
and the adjuster's employer may ascertain, determine, negotiate, or
settle a claim in such State, but only if the adjuster meets the
following requirements:
(1) The independent claims adjuster holds a valid such
license in his or her home State.
(2) If the NAIC has established and administers a multi-
State examination pursuant to section 3, the adjuster has
passed such examination.
(b) Prohibition of Additional State Requirements.--An independent
claims adjuster authorized under subsection (a) to investigate,
evaluate, negotiate the resolution of a claim in a State that is not in
compliance with section 5 shall not be subject to any additional
licensure or other requirements from such State in order to adjust
claims and otherwise act as an independent claims adjuster in such
State.
SEC. 7. ACCELERATING CLAIMS ADJUSTING OF LOSSES CAUSED BY NATURAL OR
OTHER DISASTERS.
(a) Authority to Adjust.--An independent claims adjuster meeting
the requirements of subsection (b) may adjust claims for losses related
to any natural or other disaster, occurring in any jurisdiction, that
has been designated by the President as a major disaster pursuant to
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) notwithstanding the licensure
requirements of the State in which the disaster area for the major
disaster is located and notwithstanding the requirements under section
6 of this Act for interstate claims licensing.
(b) Adjuster Requirements.--The requirements under this subsection
with respect to an independent claims adjuster are as follows:
(1) State license.--The adjuster holds a valid license as
an independent claims adjuster in his or her home State
(whether actual or designated, pursuant to section 8(a)(1)).
(2) Multi-state examination.--If the NAIC has adopted and
administers a multi-State examination pursuant to section 3,
the adjuster has passed such an examination.
SEC. 8. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Home state.--
(A) Actual.--The term ``home State'' means, with
respect to an independent claims adjuster, the State in
which the adjuster maintains his, her, or its principal
place of residence or business and is licensed as an
independent claims adjuster.
(B) Designated.--If the State in which an
independent claims adjuster maintains his or her
principal place of residence or business does not issue
an independent claims adjuster license for the line or
lines of authority sought, such term means any other
State in which the independent claims adjuster is so
licensed and that is designated by such adjuster as his
or her home State.
(2) Independent claims adjuster.--The term ``independent
claims adjuster'' means an individual, other than a public
adjuster, who undertakes on behalf of insurers or self-insurers
to investigate, evaluate, and negotiate the resolution of the
amount of a property, casualty, disability, or workers'
compensation claim, loss, or damage on behalf of an insurance
policy or insurer or as a third-party on behalf of a self-
insurer. Such term includes company or staff adjusters, who are
individuals, other than a public adjuster, employed by property
casualty insurers and undertake to investigate, evaluate, and
negotiate the resolution of a property, casualty, disability,
or workers' compensation claim, loss, or damage on behalf of an
insurance policy or insurer.
(3) Naic.--The term ``NAIC'' means the National Association
of Insurance Commissioners.
(4) Public adjuster.--The term ``public adjuster'' means
any person who, for compensation or any other thing of value,
on behalf of the insured acts, aids, advertises, or solicits
business to ascertain, determine, negotiate, or settle the
amount of a claim, loss, or damage, solely in relation to first
party claims arising under contracts that insure the real or
personal property of the insured.
(5) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
(6) State law.--The term ``State law'' includes all laws,
decisions, rules, regulations, or other State action of any
State having the effect of law; and a law of the United States
applicable only to the District of Columbia shall be treated as
a State law rather than as a law of the United States. | Claims Licensing Advancement for Interstate Matters Act or CLAIM Act - Urges the National Association of Insurance Commissioners (NAIC) to: (1) adopt a model independent claims adjuster licensing Act meeting specified criteria, and (2) adopt and administer a multi-state examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home state. Authorizes the NAIC to prescribe examinee eligibility requirements, and requires any multi-state examination to require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts. Declares that nothing in this Act shall be construed to: (1) require a state to adopt licensing requirements for independent claims adjusters if it does not have such requirements; (2) limit the right of a state to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such a fee is uniform regardless of the licensee's state of residence; or (3) affect the jurisdiction and authority of a state insurance regulator to prescribe and enforce its insurance laws, rules, and regulations governing independent claims adjuster activity in its jurisdiction. Sets forth criteria for state compliance with this Act, including reciprocity. Authorizes an independent claims adjuster meeting the requirements of this Act to ascertain, determine, negotiate, or settle a claim in a state that is not in compliance with this Act, but only if the adjuster: (1) holds a valid license in his or her home state, and (2) has passed any multi-state examination established and administered by the NAIC. Prohibits a state from imposing additional requirements upon such an adjuster. Authorizes an independent claims adjuster meeting the licensure and examination requirements of this Act to adjust claims for losses related to any presidentially-designated major disaster, regardless of the licensure requirements of the state where the disaster is located. | {"src": "billsum_train", "title": "CLAIM Act"} | 2,440 | 405 | 0.821478 | 2.793942 | 0.996108 | 4.6875 | 6.309659 | 0.960227 |
SECTION 1. MORTGAGE PAYMENT ASSISTANCE TO AVOID FORECLOSURE OF HOME
LOANS GUARANTEED UNDER TITLE 38.
(a) In General.--(1) Chapter 37 of title 38, United States Code, is
amended by inserting after section 3714 the following new section:
``Sec. 3715. Loans to refinance delinquent indebtedness
``(a)(1) The Secretary may, at the Secretary's option, provide
assistance to a veteran under this section for the purpose of avoiding
the foreclosure of a housing loan made to that veteran and guaranteed
by the Secretary under section 3710 or 3712 of this title (hereinafter
in this section referred to as a `primary loan').
``(2) Assistance under this section shall be in the form of a loan
to the veteran. Such assistance may be provided only if--
``(A) the dwelling that secures the primary loan is the
current residence of the veteran and is occupied by the veteran
as the veteran's home;
``(B) the veteran is at least six months delinquent in
payments on that primary loan;
``(C) the veteran has lost employment or has had a
substantial reduction in household income (as defined in
regulations prescribed by the Secretary) through no fault of
the veteran; and
``(D) the Secretary determines that there is a reasonable
prospect that the veteran will be able to resume payment on the
primary loan within six months after receiving assistance under
this section.
``(3) For the purposes of this section, the term `veteran' includes
the surviving spouse of a veteran if the surviving spouse was a co-
obligor of the primary loan.
``(b)(1) A loan under this section shall be advanced to the holder
of the primary loan. The amount of the loan under this subsection shall
first be applied to the amount delinquent on the loan guaranteed under
this chapter including any amount delinquent on taxes, assessments,
hazard insurance, and late charges required by the holder to be
included in the veteran's monthly payment on the mortgage.
``(2) The Secretary may make more than one loan under this section
to a veteran. The total amount of loans under this section to any
veteran may not exceed $10,000.
``(c) A loan under this section--
``(1) shall bear no interest until the date on which
payments on the primary loan (including amounts for taxes,
assessments, hazard insurance, and late charges required by the
holder to be included in the veteran's monthly payment on the
mortgage) are current;
``(2) shall be secured by a lien on the property securing
the primary loan and by such other security as the Secretary
may require; and
``(3) shall be subject to such additional terms and
conditions as the Secretary may require.
``(d) As a condition of receiving a loan under this section the
veteran shall execute an agreement, in such form as the Secretary may
prescribe, to repay the loan within a reasonable period of time, as
determined by the Secretary, not to exceed 15 years from the date on
which such loan is made. If the Secretary determines that the veteran
has sufficient income or other resources to do so, the Secretary may
require the veteran to make partial payments on the primary loan
guaranteed under this chapter during the period the holder of that loan
is applying the amount of the loan under this section to payments
becoming due on the primary loan.
``(e) Notwithstanding any other law, the Secretary may employ
attorneys to bring suit to collect any amount of a loan under this
section on which the veteran to whom the loan is made is in default.
``(f) The Secretary's decisions on any question of law or fact
regarding assistance under this section, including whether or not to
grant such assistance and the terms and conditions under which such
assistance is granted or not granted, shall be final and conclusive,
and no other official or any court of the United States shall have
power or jurisdiction to review any such decision by an action in the
nature of mandamus or otherwise.
``(g) A loan under this section shall be made from the fund
established under section 3724 or 3725 of this title that is available
with respect to the primary loan in connection with which the loan is
made under this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3714 the
following new item:
``3715. Loans to refinance delinquent indebtedness.''.
(b) Effective Date.--The amendments made by subsection (a), shall
take effect at the end of the 60-day period beginning on the date of
the enactment of this Act.
SEC. 2. FINANCING OF DISCOUNT POINTS.
Section 3703(c)(4)(B) of title 38, United States Code, is amended
in the second sentence by striking out ``Discount'' and inserting in
lieu thereof ``Except in the case of a loan for the purpose specified
in section 3710(a)(8), 3710(b)(7), or section 3712(a)(1)(F) of this
title, discount''.
SEC. 3. RATE ADJUSTMENTS FOR ADJUSTABLE RATE MORTGAGES.
Section 3707(b)(2) of title 38, United States Code, is amended by
striking out ``on the anniversary of the date on which the loan was
closed''. | Authorizes the Secretary of Veterans Affairs to provide assistance to a veteran to avoid foreclosure of a housing loan made and guaranteed by the Secretary through the Department of Veterans Affairs. Requires such assistance to be in the form of a loan. Outlines loan conditions, including that: (1) the dwelling that secures the primary loan is the current residence of the veteran; (2) the veteran is at least six months delinquent in mortgage payments; (3) the veteran has lost employment or suffered a substantial reduction in household income; and (4) there is a reasonable prospect that the veteran will be able to resume payment on the mortgage loan within six months after receiving such assistance.
Authorizes the Secretary to make more than one loan to a veteran, with a per-veteran loan limitation of $10,000. Requires the veteran to execute an agreement with the Secretary to repay the loan within a reasonable period not to exceed 15 years.
Frees the veteran from the payment of discount points for such loan.
Revises the method of interest rate adjustment on mortgage loans guaranteed by the Secretary in a FY 1993 through 1995 demonstration project for guaranteeing loans in a manner similar to the manner in which the Secretary of Housing and Urban Development insures adjustable rate mortgages under the National Housing Act. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide mortgage payment assistance to avoid foreclosure of home loans guaranteed under title 38, and for other purposes."} | 1,205 | 271 | 0.657227 | 1.916655 | 0.770391 | 3.388 | 4.456 | 0.86 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Complete Education Act''.
SEC. 2. NEW PART I (CORE CURRICULUM DEVELOPMENT).
(a) In General.--Title I of the Elementary and Secondary Education
Act of 1965 is amended by redesignating part I as J and inserting after
part H the following:
``PART I--CORE CURRICULUM DEVELOPMENT
``SEC. 1851. GRANTS AUTHORIZED.
``(a) Purpose.--The purpose of this section is to support systemic,
comprehensive education reform by strengthening the instruction of
music and arts, foreign languages, civics and government, economics,
history, geography, and physical education and health as an integral
part of the elementary and secondary school curriculum.
``(b) Authority.--The Secretary is authorized to award grants to
local educational agencies to promote and strengthen one or more of the
subjects specified in subsection (a) as an integral part of the
elementary school and secondary school curriculum.
``(c) Application.--To seek a grant under this section, a local
educational agency shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(d) Priority.--In awarding grants to local educational agencies
under this section, the Secretary shall give priority to local
educational agencies with greater--
``(1) numbers of children who are counted under section
1124(c); and
``(2) percentages of children from families below the
poverty line.
``(e) Use of Funds.--Funds may be used to expand access to the
subjects specified in subsection (a) by--
``(1) expanding the amount of instructional time on these
subjects;
``(2) providing for curriculum development that is aligned
with State standards where relevant;
``(3) providing essential materials and text books that are
aligned with State standards where relevant;
``(4) partnering with Federal, State, and community-based
organizations and institutions to increase student learning in
these subjects;
``(5) providing professional development to ensure
curricula are implemented effectively; and
``(6) creating and using formative assessments where
appropriate to advance student achievement and improve
instruction.
``(f) Conditions.--As a condition of receiving assistance made
available under this section, the Secretary shall require each local
educational agency receiving such assistance--
``(1) to coordinate, to the extent practicable, each
project or program carried out with such assistance with
appropriate activities of public or private cultural agencies,
institutions, and organizations, including museums, education
associations, libraries, and theaters; and
``(2) to use such assistance only to supplement, and not to
supplant, any other assistance or funds made available from
non-Federal sources for the activities assisted under this
section.
``(g) Evaluations.--
``(1) In general.--Each local educational agency that
receives funds under this section shall provide the Secretary,
at the conclusion of every fiscal year during which the funds
are received, with an evaluation, in a form prescribed by the
Secretary. This evaluation shall include--
``(A) a description of the programs and activities
conducted by the local educational agency with funds
received;
``(B) data on curriculum and partnerships
developed;
``(C) data on the amount of time spent on subjects
allowed for under the grant; and
``(D) other information as determined by the
Secretary.
``(2) Use of evaluation.--An evaluation provided by a local
educational agency shall be used by the local educational
agency and the State educational agency for improvement of
programs and activities.
``(h) Consultation.--In carrying out this section, the Secretary
shall consult with relevant Federal and State agencies or institutions,
educators (including professional education associations),
organizations representing subjects funded under this part.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section the following:
``(1) $250,000,000 for fiscal year 2010.
``(2) $300,000,000 for fiscal year 2011.
``(3) $350,000,000 for fiscal year 2012.
``(4) $400,000,000 for fiscal year 2013.
``(5) $450,000,000 for fiscal year 2014.
``(6) $500,000,000 for fiscal year 2015.''.
(b) Conforming Amendments.--The following provisions of the
Elementary and Secondary Education Act of 1965 are each amended by
striking ``part I'' and inserting ``part J'':
(1) Section 1304(c)(2) (20 U.S.C. 6394(c)(2)).
(2) Section 1415(a)(2)(C) (20 U.S.C. 6435(a)(2)(C)). | Access to Complete Education Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies (LEAs) to promote and strengthen as an integral part of the curriculum one or more of the subjects of music and arts, foreign languages, civics and government, economics, history, geography, and physical education and health.
Gives priority to LEAs that have the greatest numbers or percentages of children from families below the poverty line.
Requires grantees to coordinate, to the extent practicable, their programs to promote or strengthen education in such subjects with opportunities provided by public or private cultural entities, including museums, education associations, libraries, and theaters. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to provide grants for core curriculum development."} | 1,031 | 153 | 0.578427 | 1.49166 | 0.715275 | 4.822222 | 7.303704 | 0.911111 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) certain scattered parcels of Federal land in Gilpin
County, Colorado, are administered by the Secretary of the
Interior as part of the Royal Gorge Resource Area, Canon City
District, Bureau of Land Management;
(2) these land parcels, which comprises approximately 133
separate tracts of land, and range in size from approximately
38 acres to much less than an acre have been identified as
suitable for disposal by the Bureau of Land Management through
its resource management planning process and are appropriate
for disposal; and
(3) even though the Federal land parcels in Gilpin County,
Colorado, are scattered and small in size, they nevertheless by
virtue of their proximity to existing communities appear to
have a fair market value which may be used by the Federal
Government to exchange for lands which will better lend
themselves to Federal management and have higher values for
future public access, use and enjoyment, recreation, the
protection and enhancement of fish and wildlife and fish and
wildlife habitat, and the protection of riparian lands,
wetland, scenic beauty and other public values.
(b) Purpose.--It is the purpose of this Act to authorize, direct,
facilitate and expedite the land exchange set forth herein in order to
further the public interest by disposing of Federal lands with limited
public utility and acquire in exchange therefor lands with important
values for permanent public management and protection.
SEC. 2. LAND EXCHANGE.
(a) In General.--The exchange directed by this Act shall be
consummated if within 90 days after enactment of this Act, Lake Gulch,
Inc., a Colorado Corporation (as defined in section 4 of this Act)
offers to transfer to the United States pursuant to the provisions of
this Act the offered lands or interests in land described herein.
(b) Conveyance by Lake Gulch.--Subject to the provisions of section
3 of this Act, Lake Gulch shall convey to the Secretary of the Interior
all right, title, and interest in and to the following offered lands--
(1) certain lands comprising approximately 40 acres with
improvements thereon located in Larimer County, Colorado, and
lying within the boundaries of Rocky Mountain National Park as
generally depicted on a map entitled ``Circle C Church Camp'',
dated August 1994, which shall upon their acquisition by the
United States and without further action by the Secretary of
the Interior be incorporated into Rocky Mountain National Park
and thereafter be administered in accordance with the laws,
rules and regulations generally applicable to the National Park
System and Rocky Mountain National Park;
(2) certain lands located within and adjacent to the United
States Bureau of Land Management San Luis Resource Area in
Conejos County, Colorado, which comprise approximately 3,993
acres and are generally depicted on a map entitled ``Quinlan
Ranches Tract'', dated August 1994; and
(3) certain lands located within the United States Bureau
of Land Management Royal Gorge Resource Area in Huerfano
County, Colorado, which comprise approximately 4,700 acres and
are generally depicted on a map entitled ``Bonham Ranch-
Cucharas Canyon'', dated June 1995: Provided, That it is the
intention of Congress that such lands may remain available for
the grazing of livestock as determined appropriate by the
Secretary in accordance with applicable laws, rules, and
regulations: Provided further, That if the Secretary determines
that certain of the lands acquired adjacent to Cucharas Canyon
hereunder are not needed for public purposes they may be sold
in accordance with the provisions of section 203 of the Federal
Land Policy and Management Act of 1976 and other applicable
law.
(c) Substitution of Lands.--If one or more of the precise offered
land parcels identified above is unable to be conveyed to the United
States due to appraisal or other problems, Lake Gulch and the Secretary
may mutually
agree to substitute therefor alternative offered lands acceptable to
the Secretary.
(d) Conveyance by the United States.--(1) Upon receipt of title to
the lands identified in subsection (a) the Secretary shall
simultaneously convey to Lake Gulch all right, title, and interest of
the United States, subject to valid existing rights, in and to the
following selected lands--
(A) certain surveyed lands located in Gilpin County,
Colorado, Township 3 South, Range 72 West, Sixth Principal
Meridian, Section 18, Lots 118-220, which comprise
approximately 195 acres and are intended to include all
federally owned lands in section 18, as generally depicted on a
map entitled ``Lake Gulch Selected Lands'', dated July 1994;
(B) certain surveyed lands located in Gilpin County,
Colorado, Township 3 South, Range 72 West, Sixth Principal
Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54,
which comprise approximately 96 acres, as generally depicted on
a map entitled ``Lake Gulch Selected Lands'', dated July 1994;
and
(C) certain unsurveyed lands located in Gilpin County,
Colorado, Township 3 South, Range 73 West, Sixth Principal
Meridian, Section 13, which comprise approximately 11 acres,
and are generally depicted as parcels 302-304, 306, and 308-326
on a map entitled ``Lake Gulch Selected Lands'', dated July
1994: Provided, however, That a parcel or parcels of land in
section 13 shall not be transferred to Lake Gulch if at the
time of the proposed transfer the parcel or parcels are under
formal application for transfer to a qualified unit of local
government. Due to the small and unsurveyed nature of such
parcels proposed for transfer to Lake Gulch in section 13, and
the high cost of surveying such small parcels, the Secretary is
authorized to transfer such section 13 lands to Lake Gulch
without survey based on such legal or other description as the
Secretary determines appropriate to carry out the basic intent
of the map cited in this subparagraph.
(2) If the Secretary and Lake Gulch mutually agree, and the
Secretary determines it is in the public interest, the Secretary may
utilize the authority and direction of this Act to transfer to Lake
Gulch lands in sections 17 and 13 that are in addition to those precise
selected lands shown on the map cited herein, and which are not under
formal application for transfer to a qualified unit of local
government, upon transfer to the Secretary of additional offered lands
acceptable to the Secretary or upon payment to the Secretary by Lake
Gulch of cash equalization money amounting to the full appraised fair
market value of any such additional lands. If any such additional lands
are located in section 13 they may be transferred to Lake Gulch without
survey based on such legal or other description as the Secretary
determines appropriate as long as the Secretary determines that the
boundaries of any adjacent lands not owned by Lake Gulch can be
properly identified so as to avoid possible future boundary conflicts
or disputes. If the Secretary determines surveys are necessary to
convey any such additional lands to Lake Gulch, the costs of such
surveys shall be paid by Lake Gulch but shall not be eligible for any
adjustment in the value of such additional lands pursuant to section
206(f)(2) of the Federal Land Policy and Management Act of 1976 (as
amended by the Federal Land Exchange Facilitation Act of 1988) (43
U.S.C. 1716(f)(2)).
(3) Prior to transferring out of public ownership pursuant to this
Act or other authority of law any lands which are contiguous to North
Clear Creek southeast of the City of Black Hawk, Colorado in the County
of Gilpin, Colorado, the Secretary shall notify and consult with the
County and City and afford such units of local government an
opportunity to acquire or reserve pursuant to the Federal Land Policy
and Management Act of 1976 or other applicable law, such easements or
rights-of-way parallel to North Clear Creek as may be necessary to
serve public utility line or recreation path needs: Provided, however,
That any survey or other costs associated with the acquisition or
reservation of such easements or rights-of-way shall be paid for by the
unit or units of local government concerned.
SEC. 3. TERMS AND CONDITIONS OF EXCHANGE.
(a) Equalization of Values.--(1) The values of the lands to be
exchanged pursuant to this Act shall be equal as determined by the
Secretary of the Interior utilizing nationally recognized appraisal
standards, including, to the extent appropriate, the Uniform Standards
for Federal Land Acquisition, the Uniform Standards of Professional
Appraisal Practice, the provisions of section 206(d) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), and other
applicable law.
(2) In the event any cash equalization or land sale moneys are
received by the United States pursuant to this Act, any such moneys
shall be retained by the Secretary of the Interior and may be utilized
by the Secretary until fully expended to purchase from willing sellers
land or water rights, or a combination thereof, to augment wildlife
habitat and protect and restore wetlands in the Bureau
of Land Management's Blanca Wetlands, Alamosa County, Colorado.
(3) Any water rights acquired by the United States pursuant to this
section shall be obtained by the Secretary of the Interior in
accordance with all applicable provisions of Colorado law, including
the requirement to change the time, place, and type of use of said
water rights through the appropriate State legal proceedings and to
comply with any terms, conditions, or other provisions contained in an
applicable decree of the Colorado Water Court. The use of any water
rights acquired pursuant to this section shall be limited to water that
can be used or exchanged for water that can be used on the Blanca
Wetlands. Any requirement or proposal to utilize facilities of the San
Luis Valley Project, Closed Basin Diversion, in order to effectuate the
use of any such water rights shall be subject to prior approval of the
Rio Grande Water Conservation District.
(b) Restrictions on Selected Lands.--(1) Conveyance of the selected
lands to Lake Gulch pursuant to this Act shall be contingent upon Lake
Gulch executing an agreement with the United States prior to such
conveyance, the terms of which are acceptable to the Secretary of the
Interior, and which--
(A) grant the United States a covenant that none of the
selected lands, (which currently lie outside the legally
approved gaming area) shall ever be used for purposes of gaming
should the current legal gaming area ever be expanded by the
State of Colorado; and
(B) permanently hold the United States harmless for
liability and indemnify the United States against all costs
arising from any activities, operations (including the storing,
handling, and dumping of hazardous materials or substances) or
other acts conducted by Lake Gulch or its employees, agents,
successors or assigns on the selected lands after their
transfer to Lake Gulch: Provided, however, That nothing in this
Act shall be construed as either diminishing or increasing any
responsibility or liability of the United States based on the
condition of the selected lands prior to or on the date of
their transfer to Lake Gulch.
(2) Conveyance of the selected lands to Lake Gulch pursuant to this
Act shall be subject to the existing easement for Gilpin County Road 6.
(3) The above terms and restrictions of this subsection shall not
be considered in determining, or result in any diminution in, the fair
market value of the selected land for purposes of the appraisals of the
selected land required pursuant to section 3 of this Act.
(c) Revocation of Withdrawal.--The Public Water Reserve established
by Executive order dated April 17, 1926 (Public Water Reserve 107),
Serial Number Colorado 17321, is hereby revoked insofar as it affects
the NW\1/4\ SW\1/4\ of Section 17, Township 3 South, Range 72 West,
Sixth Principal Meridian, which covers a portion of the selected lands
identified in this Act.
SEC. 4. MISCELLANEOUS PROVISIONS.
(a) Definitions.--As used in this Act.
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``Lake Gulch'' means Lake Gulch, Inc., a
Colorado corporation, or its successors, heirs or assigns.
(3) The term ``offered land'' means lands to be conveyed to
the United States pursuant to this Act.
(4) The term ``selected land'' means lands to be
transferred to Lake Gulch, Inc., or its successors, heirs or
assigns pursuant to this Act.
(5) The term ``Blanca Wetlands'' means an area of land
comprising approximately 9,200 acres, as generally depicted on
a map entitled ``Blanca Wetlands'', dated April 1994, or such
land as the Secretary may add thereto by purchase from willing
sellers after the date of enactment of this Act utilizing funds
provided by this Act or such other moneys as Congress may
appropriate.
(b) Time Requirement for Completing Transfer.--It is the intent of
Congress that unless the Secretary and Lake Gulch mutually agree
otherwise the exchange of lands authorized and directed by this Act
shall be completed not later than 6 months after the date of enactment
of this Act. In the event the exchange cannot be consummated within
such 6-month-time period, the Secretary, upon application by Lake
Gulch, is directed to sell to Lake Gulch at appraised fair market value
any or all of the parcels (comprising a total of approximately 11
acres) identified in section 2(d)(1)(C) of this Act as long as the
parcel or parcels applied for are not under formal application for
transfer to a qualified unit of local government.
(c) Administration of Lands Acquired by United States.--In
accordance with the provisions of section 206(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(c)), all lands
acquired by the United States pursuant to this Act shall upon
acceptance of title by the United States and without further action by
the Secretary concerned become part of and be managed as part of the
administrative unit or area within which they are located. | Directs the Secretary of the Interior to convey to Lake Gulch, Inc., a Colorado corporation, specified lands in Gilpin County, Colorado, in exchange for: (1) certain lands comprising approximately 40 acres located in Larimer County, Colorado, within the boundaries of Rock Mountain National Park; (2) certain lands located within and adjacent to the United States Bureau of Land Management San Luis Resource Area in Conejos County, Colorado; and (3) certain lands located within the United States Bureau of Land Management Royal Gorge Resource Area in Huerfano County, Colorado.
Allows the Secretary of the Interior and Lake Gulch to agree to substitute alternative lands if one or more of the precise offered land parcels is unable to be conveyed.
Directs the Secretary to notify and consult with the County and City and afford such units of local government the opportunity to acquire or reserve easements or rights-of-way parallel to North Clear Creek in Gilpin, Colorado, prior to transferring any lands which are contiguous to North Clear Creek out of public ownership.
Expresses that the exchange will be contingent upon Lake Gulch executing an agreement with the United States: (1) containing terms which are acceptable to the Secretary of the Interior; (2) granting the United States a covenant that none of the selected lands (which currently lie outside the legally approved gaming area) will ever be used for gaming; and (3) permanently holding the United States harmless for liability and indemnifying the United States against all costs arising from activities, operations, or other acts conducted by Lake Gulch or its employees, agents, successors or assigns on the selected lands after their transfer to Lake Gulch. | {"src": "billsum_train", "title": "A bill to provide for the exchange of certain lands in Gilpin County, Colorado."} | 3,162 | 361 | 0.59482 | 2.045618 | 0.898707 | 5.791277 | 8.922118 | 0.962617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Sector Whistleblowers'
Protection Act of 1993''.
SEC. 2. PURPOSE.
The Federal regulatory system should be implemented consistent with
the principle that any person subject to Government regulation should
be protected against reprisal for disclosing information that the
person believes is indicative of--
(1) violation or inconsistent application of any law, rule,
regulation, policy, or internal standard;
(2) arbitrary action or other abuse of authority;
(3) mismanagement;
(4) waste or misallocation of resources;
(5) inconsistent, discriminatory or disproportionate
enforcement proceedings;
(6) endangerment of public health or safety;
(7) personal favoritism; and
(8) coercion for partisan political purposes;
by any agency or its employees.
SEC. 3. COVERAGE.
This Act shall apply to:
(1) Any agency of the Federal Government as defined in
section 551 of title 5, United States Code.
(2) Any agency of a State government that exercises
authority under Federal law, or that exercises authority under
State law establishing a program approved by a Federal agency
as a substitute for or supplement to a program established by
Federal law.
SEC. 4. PROHIBITED REGULATORY PRACTICES.
(a) For purposes of this Act, ``prohibited regulatory practice''
means any action described in subsection (b)(i), (ii), or (iii) of this
section.
(b)(1) No employee of an Agency who has authority--
(A) to take or direct other employees to take,
(B) to recommend, or
(C) to approve,
any regulatory action shall--
(i) take or fail to take, or threaten to take or fail to
take,
(ii) recommend or direct that others take or fail to take,
or threaten to so recommend or direct, or
(iii) approve the taking or failing to take, or threaten to
so approve,
such regulatory action because of any disclosure by a person subject to
the action, or by any other person, of information that the person
believed indicative of--
(I) violation or inconsistent application of any law, rule,
regulation, policy, or internal standard;
(II) arbitrary action or other abuse of authority;
(III) mismanagement;
(IV) Waste or misallocation of resources;
(V) Inconsistent, discriminatory or disproportionate
enforcement;
(VI) endangerment of public health or safety;
(VII personal favoritism; or
(VIII) coercion for partisan political purposes;
by any agency or its employees.
(2) An action shall be deemed to have been taken, not taken,
approved, or recommended because of the disclosure of information
within the meaning of paragraph (1) if the disclosure of information
was a contributing factor to the decision to take, not to take, to
approve, or to recommend.
SEC. 5. PROHIBITED REGULATORY PRACTICE AS A DEFENSE TO AGENCY ACTION.
(a) In any administrative or judicial action or proceeding, formal
or informal, by an agency to create, apply or enforce any obligation,
duty or liability under any law, rule or regulation against any person,
the person may assert as a defense that the agency or one or more
employees of the agency have engaged in a prohibited regulatory
practice with respect to the person or to a related entity in
connection with the action or proceeding.
(b) If the existence of a prohibited regulatory practice is
established, the person may be required to comply with the obligation,
duty or liability to the extent compliance is required of and enforced
against other persons similarly situated, but no penalty, fine,
damages, costs or other obligation except compliance shall be imposed
on the person.
SEC. 6. ENFORCEMENT.
(a) Any agency, and any employee of an agency, engaging in a
prohibited regulatory practice may be assessed a civil penalty of not
more than $25,000 for each such practice. In the case of a continuing
prohibited regulatory practice, each day that the practice continues
shall be deemed a separate practice.
(b) The President shall, by regulation, establish procedures
providing for the administrative enforcement of the requirements of
subsection (a) of this section.
SEC. 7. CITIZEN SUITS.
(a) Any person injured or threatened by a prohibited regulatory
practice may commence a civil action on his own behalf against any
person or agency alleged to have engaged in or threatened to engage in
such practice.
(b) Any action under subsection (a) of this section shall be
brought in the district court for any district in which the alleged
prohibited regulatory practice occurred or in which the alleged injury
occurred. The district court shall have jurisdiction, without regard to
the amount in controversy or the citizenship of the parties, to--
(1) restrain any agency or person who has engaged or is
engaging in any prohibited regulatory practice;
(2) order the cancellation or remission of any penalty,
fine, damages, or other monetary assessment that resulted from
a prohibited regulatory practice;
(3) order the rescission of any settlement that resulted
from a prohibited regulatory practice;
(4) order the issuance of any permit or license that has
been denied or delayed as a result of a prohibited regulatory
practice;
(5) order the agency and/or the employee engaging in a
prohibited regulatory practice to pay to the injured person
such damages as may be necessary to compensate the person for
any harm resulting from the practice, including damages for--
(A) injury to, deterioration of, or destruction of
real or personal property;
(B) loss of profits from idle or underutilized
resources, and from business forgone;
(C) costs incurred, including costs of compliance
where appropriate;
(D) loss in value of a business;
(E) reasonable legal, consulting and expert witness
fees; or
(F) payments to third parties;
(6) order the payment of punitive damages, in an amount not
to exceed $25,000 for each such prohibited regulatory practice,
provided that, in the case of a continuing prohibited
regulatory practice, each day that the practice continues shall
be deemed a separate practice.
SEC. 8. OFFICE OF THE SPECIAL COUNSEL.
(a) Any person who has reason to believe that any employee of any
agency has engaged in a prohibited regulatory practice may request the
Special Counsel established by section 1211 of title 5, United States
Code, to investigate.
(b) The Special Counsel shall have the same power to investigate
prohibited regulatory practices that it has to investigate prohibited
personnel practices pursuant to section 1212 of title 5, United States
Code. | Private Sector Whistleblowers' Protection Act of 1993 - Provides persons subject to regulatory action with protection against reprisal for disclosing agency waste, mismanagement, abuse of authority, or other prohibited regulatory practices. | {"src": "billsum_train", "title": "Private Sector Whistleblowers' Protection Act of 1993"} | 1,426 | 49 | 0.526468 | 1.42416 | 1.54994 | 2.722222 | 38.888889 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Community Arsenic Relief
Act''.
SEC. 2. EXEMPTION FOR NONPROFIT SMALL PUBLIC WATER SYSTEMS FROM
STANDARDS RELATING TO NATURALLY OCCURRING CONTAMINANTS.
The Safe Drinking Water Act is amended by inserting after section
1416 (42 U.S.C. 300g-5) the following:
``SEC. 1416A. EXEMPTION FOR NONPROFIT SMALL PUBLIC WATER SYSTEMS FROM
STANDARDS RELATING TO NATURALLY OCCURRING CONTAMINANTS.
``(a) Definitions.--In this section:
``(1) Low-income family.--The term `low-income family'
means a family the total annual income of which does not exceed
the poverty line.
``(2) Naturally occurring contaminant.--The term `naturally
occurring contaminant' includes--
``(A) arsenic;
``(B) radon;
``(C) radium; and
``(D) uranium.
``(3) Nonprofit small public water system.--The term
`nonprofit small public water system' means a nonprofit public
water system (including a local government) that serves 10,000
or fewer individuals.
``(4) Poverty line.--The term `poverty line' has the
meaning given the term in section 673 of the Community Services
Block Grant Act (42 U.S.C. 9902).
``(b) Exemption.--A State exercising primary enforcement
responsibility for public water systems under section 1413 (or the
Administrator, with respect to any nonprimacy State) shall exempt any
nonprofit small public water system that submits a request in
accordance with subsection (c) from the requirements of any national
primary drinking water regulation for a naturally occurring
contaminant.
``(c) Application.--To be eligible for an exemption from a national
primary drinking water regulation under this section, a nonprofit small
public water system shall submit a written application to the State
exercising primary enforcement responsibility with respect to the
system (or the Administrator, with respect to any nonprimacy State)
demonstrating that compliance by the nonprofit small public water
system with the national drinking water regulation--
``(1) is not economically feasible;
``(2) has a disproportionate and adverse impact on low-
income families;
``(3) is substantially impeded by limited access of the
nonprofit small public water system to innovative and
affordable technology; or
``(4) is not necessary, based on the fact that drinking
water provided by the nonprofit small public water system does
not pose an unreasonable health risk.
``(d) Alternative Requirement.--A nonprofit small public water
system that receives an exemption for arsenic under this section shall
comply with a standard of arsenic in drinking water provided by the
nonprofit small public water system of--
``(1) not later than January 1, 2006, not more than 50
parts per billion;
``(2) not later than January 1, 2009, not more than 35
parts per billion;
``(3) not later than January 1, 2011, not more than 30
parts per billion;
``(4) not later than January 1, 2013, not more than 20
parts per billion; and
``(5) not later than January 1, 2015, not more than 10
parts per billion.''.
SEC. 3. UNIVERSITY-BASED ARSENIC RESEARCH CONSORTIUM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Consortium.--The term ``Consortium'' means the
university-based arsenic research consortium established under
subsection (b)(1).
(b) Consortium.--
(1) Establishment.--The Administrator shall establish a
university-based arsenic research consortium.
(2) Membership.--The Consortium shall be comprised of the
following members:
(A) The University of Nebraska at Lincoln.
(B) The University of Nebraska Medical Center.
(C) The University of New Mexico.
(D) The University of Texas.
(E) Johns Hopkins University School of Public
Health.
(F) Georgetown University Medical School.
(c) Duties of the Consortium.--The Consortium shall--
(1) conduct reviews and analyses, and carry out health
effects studies, using United States morbidity data relating to
low levels of arsenic commonly found in States;
(2) assess studies on arsenic in drinking water, as
adjusted by the Administrator, carried out in--
(A) Millard County, Utah;
(B) Inner Mongolia, China; and
(C) southwest Taiwan;
(3) develop recommendations on which levels of arsenic in
drinking water constitute unreasonable risks to public health,
and which levels should be considered to be protective of
public health, under the Safe Drinking Water Act (42 U.S.C.
300f et seq.); and
(4) conduct reviews and analyses of, and carry out health
effects studies on, all forms of cancer, cardiovascular
disease, diabetes, and vascular toxicity.
(d) Grant Program.--
(1) In general.--The Administrator may provide grants to
the Consortium for use in carrying out the duties of the
Consortium under subsection (c).
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $4,000,000 for
fiscal year 2005.
(e) Report of Administrator.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Administrator
shall submit to Congress a report that describes the findings and
recommendations of the Consortium for the year covered by the report. | Rural Community Arsenic Relief Act - Amends the Safe Drinking Water Act to require States exercising primary enforcement responsibility for public water systems to exempt any nonprofit small public water system (serving 10,000 or fewer persons) that so requests in accordance with this Act from the requirements of any national primary drinking water regulation for naturally occurring contaminants, including arsenic, radon, radium, and uranium.
Requires exemption requests to demonstrate that the system's compliance with applicable national primary drinking water regulations: (1) is not economically feasible; (2) has a disproportionate and adverse impact on low-income families; (3) is substantially impeded by limited access to innovative and affordable technology; or (4) is not necessary because the drinking water provided by the system does not pose an unreasonable health risk.
Sets forth alternative arsenic standards for those systems receiving arsenic exemptions.
Requires the Administrator of the Environmental Protection Agency to establish a university-based arsenic research consortium comprised of specified institutions of higher education. Authorizes the Administrator to provide grants to the consortium to carry out its duties. | {"src": "billsum_train", "title": "A bill to amend the Safe Drinking Water Act to exempt nonprofit small public water systems from certain drinking water standards relating to naturally occurring contaminants."} | 1,277 | 243 | 0.637235 | 1.765572 | 0.814587 | 3.629268 | 5.512195 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean Habitat Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The fishes and other marine species that are associated
with 3-dimensional structurally complex seafloor habitats
within the exclusive economic zone of the United States--
(A) constitute valuable and renewable natural
resources;
(B) are an essential component of marine
biodiversity;
(C) contribute to the food supply, economy, and
health of the United States;
(D) support the economies of coastal communities;
and
(E) provide recreational opportunities.
(2) Commercial and recreational fishing constitute major
sources of employment and contribute significantly to the
economy of the United States.
(3) The United States is dependent upon healthy and diverse
ocean ecosystems for income, nutrition, medicines, raw
materials, and valuable natural processes.
(4) Diverse types of sponges, deep-sea corals, and other
species are found in marine habitats, many of which have not
been adequately studied for their potential benefit to society
or their ecological importance to fish species and other forms
of marine life.
(5) Habitat complexity and marine biodiversity created by
geologic structures and structure-forming organisms on the
seabed are essential to numerous fish species, including
commercially and recreationally harvested species, that rely on
them for food and shelter from predation.
(6) Bottom trawling reduces habitat complexity and
biological diversity by smoothing geologic bedforms and by
removing, crushing, burying, and exposing benthic organisms to
predators and scavengers.
(7) The reduction of biodiversity caused by bottom trawling
is detrimental to many commercially and recreationally
important species and to the industries and people that depend
on them.
(8) In the past, the practice of bottom trawling was
conducted mainly on soft bottom areas, and was rarely used in
three-dimensional, structurally complex habitats.
(9) Technological modifications to bottom trawls, including
the creation of large rockhopper and roller gear and chafing
gear, facilitate the use of bottom trawls in rocky and other
complex marine habitats that were once refuges for fishes and
other marine life.
(10) The expansion in the use of bottom trawls from soft
bottom areas to three-dimensional, structurally complex
habitats over the past 20 years has had and continues to have
significant, adverse effects on the diversity and habitat
complexity of these areas.
(11) Numerous scientific studies show that bottom trawling
is especially damaging to three-dimensional, structurally
complex habitats such as corals, boulder fields, sponge beds,
and gravel bottoms.
(12) Bottom trawling in these habitats significantly
reduces their value for economically and ecologically important
fishes and other marine life. Reductions in structural
complexity may be long-term and irreversible. Recovery of some
of these areas to their natural state after a single pass of a
trawl may take decades or centuries. With repeated trawling in
the same area, the damage may be irreversible.
(13) Prohibiting the use of large rockhopper, roller, and
other groundgear is a practical, precautionary, and enforceable
measure to protect structurally complex, benthic marine
habitats from the damaging effects of bottom trawling.
SEC. 3. PROHIBITION ON USE OF LARGE ROCKHOPPER AND ROLLER GEAR ON
BOTTOM TRAWL NETS.
(a) Purpose.--The purpose of this section is to prevent bottom
trawls from accessing and damaging three-dimensional, structurally
complex marine habitats that are needed by commercially and
recreationally important fishes and other marine life for food and
shelter from predation.
(b) Prohibition.--Section 307 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) is amended--
(1) by striking ``or'' after the semicolon at the end of
paragraph (1);
(2) by striking the period at the end of paragraph (1)(P)
and inserting ``; or''; and
(3) by inserting after paragraph (1)(P) the following:
``(Q) to use a bottom trawl with rollers, bobbins,
tires, rockhoppers, or any other devices attached to
the foot rope of the trawl net that are in excess of 8
inches in diameter for fishing that is subject to the
jurisdiction of the United States, including fishing by
a vessel of the United States beyond the equivalent of
the exclusive economic zone of all countries.''.
(c) Rebuttable Presumption.--Section 310(e) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857) is amended by
adding at the end the following:
``(4) For purposes of this Act, it shall be a rebuttable
presumption that any vessel that is shoreward of the outer boundary of
the exclusive economic zone or beyond the equivalent zone of all
countries, and that has on board gear comprised of a trawl net with
rollers, bobbins, tires, rockhoppers, or any other devices attached to
the foot rope of the trawl net that are in excess of 8 inches in
diameter, is engaged in fishing using such gear.''. | Ocean Habitat Protection Act - Places size limits on groundgear used on bottom trawls. Treats as unlawful the use of rollers, bobbins, tires, rockhoppers, or any other devices attached to a trawl's foot rope that are more than 8 inches in diameter for fishing subject to the jurisdiction of the United States. | {"src": "billsum_train", "title": "To protect diverse and structurally complex areas of the seabed in the United States exclusive economic zone by establishing a maximum diameter size limit on rockhopper, roller, and all other groundgear used on bottom trawls."} | 1,192 | 81 | 0.478405 | 1.314272 | 0.241277 | 5.033898 | 17.728814 | 0.864407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Taxing the Second Amendment Act
of 2016''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress find the following:
(1) The individual right to keep and bear arms protected by
the Second Amendment to the Constitution includes the right to
acquire firearms and ammunition without undue burdens.
(2) Jurisdictions have imposed taxes or fees on the
acquisition of firearms and ammunition that inhibit the
exercise of the Second Amendment, particularly among
individuals of limited means.
(3) Local taxation of firearms and ammunition suppresses
lawful interstate commerce that is vital to a robust Second
Amendment to the Constitution.
(4) The Congress has the authority to regulate interstate
commerce in firearms and ammunition to ensure that States are
not suppressing access to these lawful products.
(5) The singling out of firearms and ammunition for special
taxation as a means to suppress their acquisition is an
infringement of the Second Amendment and disproportionately
affects those in low income communities whose need for self-
defense may be especially acute.
(b) Purpose.--The purpose of this Act is to prevent States or local
jurisdictions from using their taxing power to suppress lawful
interstate commerce and protected constitutional activity.
SEC. 3. LIMITATION ON AUTHORITY TO IMPOSE STATE AND LOCAL TAXES ON
SALES OF CERTAIN FIREARMS AND AMMUNITION.
No State or local government may impose a tax on the sale of
firearms (or of any certain type of firearms) that have moved in or
that otherwise affect interstate commerce, or on the sale of ammunition
(or of any certain type of ammunition) that has moved in or that
otherwise affects interstate commerce.
SEC. 4. LIMITATION ON AUTHORITY TO IMPOSE STATE AND LOCAL TAXES PAYABLE
FOR CONDUCTING BACKGROUND CHECKS INCIDENT TO THE SALE OF
FIREARMS AND AMMUNITION.
No State or local government may--
(1) impose a tax payable to conduct a background check
incident to the sale of firearms (or any certain type of
firearms) that have moved in or that otherwise affect
interstate commerce, or to the sale of ammunition (or any
certain type of ammunition) that has moved in or that otherwise
affects interstate commerce, if the respective State or local
government does not have in effect on the date of the enactment
of this Act a tax payable to conduct a background check
incident to the sale of firearms or ammunition, or
(2) increase the rate of a tax imposed to conduct
background checks incident to the sale of firearms (or any
certain type of firearms) that have moved in or that otherwise
affect interstate commerce, or to the sale of ammunition (or
any certain type of ammunition) that has moved in or that
otherwise affects interstate commerce, in effect on the date of
the enactment of this Act payable to conduct such checks.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Ammunition.--The term ``ammunition'' has the meaning
given such term in section 921 of title 18 of the United States
Code.
(2) Background check.--The term ``background check'' means
a check performed by the system then in effect under section
103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922
note) or pursuant to any State law that mandates an inquiry
into a individual's criminal, mental health, or other personal
history as a prerequisite to the transfer or acquisition of a
firearm.
(3) Firearm.--The term ``firearm'' has the meaning given
such term in section 921 of title 18 of the United States Code.
(4) Local government.--The term ``local government'' means
a political subdivision of a State.
(5) Sale.--The term ``sale'' means transfer, sell, trade,
or give for value or otherwise.
(6) State.--The term ``State'' means any of the several
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States.
(7) Tax.--The term ``tax'' means a tax, fee, or charge
payable to the State or local government.
SEC. 6. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person, entity, or circumstance, is held to be unconstitutional,
the remaining provisions of this Act, and the application of such
provisions to any person, entity, or circumstance, shall not be
affected thereby.
SEC. 7. EFFECTIVE DATE; APPLICATION OF ACT.
(a) Effective Date.--Except as provided in subsection (b), this Act
shall take effect on the date of the enactment of this Act.
(b) Application of Act.--This Act shall not apply with respect to
any liability for taxes accrued and enforced before the date of
enactment of this Act or to ongoing litigation relating to such taxes. | Stop Taxing the Second Amendment Act of 2016 This bill prohibits a state or local government from imposing a tax on a firearm or ammunition sale that affects interstate commerce. Additionally, it prohibits a state or local government from imposing a new tax or increasing an existing tax on a background check incident to a firearm or ammunition sale. | {"src": "billsum_train", "title": "Stop Taxing the Second Amendment Act of 2016"} | 1,139 | 77 | 0.599976 | 1.426832 | 1.264499 | 2.129032 | 16.032258 | 0.83871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emission Allowance Market
Transparency Act of 2007''.
SEC. 2. EMISSION ALLOWANCE MARKET TRANSPARENCY.
(a) Purpose.--The purpose of this section is to facilitate price
transparency in markets for the sale of emission allowances (including
markets for real-time, forward, futures, and options) to the maximum
extent practicable, taking into consideration--
(1) the public interest;
(2) the integrity of those markets;
(3) fair competition; and
(4) protection of consumers.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Emission allowance.--The term ``emission allowance''
means any allowance, credit, or other permit issued pursuant to
any Federal law (including regulations) to any individual or
entity for use in offsetting the emissions of any pollutant
(including any greenhouse gas) by the individual or entity.
(c) Duties of Administrator.--
(1) Regulations.--The Administrator shall promulgate such
regulations as the Administrator determines to be necessary to
achieve the purpose of this section, including regulations that
provide for the dissemination, on a timely basis, of
information regarding the availability and prices of emission
allowances with respect to--
(A) the Administrator;
(B) State regulatory authorities;
(C) buyers and sellers of the emission allowances;
and
(D) the public.
(2) Obtaining information.--
(A) In general.--Subject to subparagraph (B), the
Administrator may--
(i) obtain the information described in
paragraph (1) directly from any emission
allowance market participant; or
(ii) enter into an agreement under which
another entity obtains and makes public that
information.
(B) Limitation.--Any activity carried out by the
Administrator or another entity to obtain information
pursuant to subparagraph (A) shall be subject to
applicable rules designed to prevent the disclosure of
information the disclosure of which would be
detrimental to the operation of an effective emission
allowance market, as determined by the Administrator.
(3) Use of existing price publishers and service
providers.--In carrying out this subsection, the Administrator
shall--
(A) take into consideration the degree of relevant
price transparency provided by price publishers and
providers of trade processing services in operation on
the date of enactment of this Act; and
(B) use information and services provided by those
publishers and providers to the maximum extent
practicable.
(d) Actions by Individuals and Entities.--
(1) Prohibitions.--It shall be unlawful for any individual
or entity--
(A) to knowingly provide to the Administrator (or
another entity acting pursuant to an agreement
described in subsection (c)(2)(A)(ii)) any false
information relating to the price or quantity of
emission allowances sold, purchased, transferred,
banked, or borrowed by the individual or entity, with
the intent to fraudulently affect the data being
compiled by the Administrator or other entity;
(B) directly or indirectly, to use in connection
with the purchase or sale of an emission allowance any
manipulative or deceptive device or contrivance (within
the meaning of section 10(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78j(b))), in contravention of
such rules and regulations as the Administrator may
prescribe to protect the public interest or consumers;
or
(C) to cheat or defraud, or attempt to cheat or
defraud, another market participant, client, or
customer.
(2) Monitoring.--The Administrator shall monitor trading to
prevent false reporting, manipulation, and fraud under this
section.
(3) Effect of subsection.--Nothing in this subsection
creates any private right of action.
(e) Excessive Speculation.--
(1) Finding.--Congress finds that excessive speculation
relating to emission allowances--
(A) can cause sudden or unreasonable fluctuations
or unwarranted changes in the price of emission
allowances; and
(B) imposes an unnecessary burden on--
(i) the development of a well-functioning
emission allowance market;
(ii) the planning decisions of businesses
and industry; and
(iii) consumers.
(2) Prevention of burdens.--
(A) In general.--To prevent, decrease, or eliminate
the burdens associated with excessive speculation
relating to emission allowances, the Administrator, in
accordance with subparagraph (B) and after providing
notice and an opportunity for public comment, shall
adopt position limitations or position accountability
for speculators as the Administrator determines to be
necessary on--
(i) the quantity of trading transactions
allowed to be conducted, and the positions
eligible to be held, by any individual or
entity in any emission allowance market; and
(ii) any emission allowance auction
conducted pursuant to Federal law (including
regulations).
(B) Consultation.--In carrying out subparagraph
(A), the Administrator shall consult with--
(i) the Commodity Futures Trading
Commission;
(ii) the Federal Trade Commission; and
(iii) the Federal Energy Regulatory
Commission.
(C) Nonapplicability to bona fide hedging
transactions or positions.--
(i) In general.--No regulation promulgated
pursuant to this paragraph shall apply to a
transaction or position described in
subparagraph (A)(i) that is a bona fide hedging
transaction or position, as determined by the
Administrator.
(ii) Regulations for definitions.--The
Administrator shall promulgate such regulations
as the Administrator determines to be necessary
to define the term ``bona fide hedging
transaction or position'' for purposes of
clause (i), including regulations that permit
individuals or entities to hedge any legitimate
anticipated business need for any subsequent
period during which an appropriate futures
contract is open and available on an exchange
or other emission allowance market or auction.
(f) Penalties.--An individual or entity that, as determined by the
Administrator, violates an applicable provision of this section or a
regulation promulgated pursuant to this section shall be subject to a
fine of $1,000,000, or imprisonment for not more than 10 years, or
both, for each violation.
(g) Jurisdiction of Commodity Futures Trading Commission.--Nothing
in this section abrogates the jurisdiction of the Commodity Futures
Trading Commission with respect to any contract, agreement, or
transaction for future delivery of an emission allowance (including a
carbon dioxide credit). | Emission Allowance Market Transparency Act of 2007 - Directs the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to facilitate price transparency in markets for the sale of emission allowances (any allowance, credit, or other permit issued for use in offsetting the emissions of any pollutant by an individual or entity), including regulations to provide for the timely dissemination of information regarding the availability and prices of emission allowances with respect to the Administrator, state regulatory authorities, buyers and sellers of emission allowances, and the public. Directs the Administrator to use information and services provided by publishers and providers of trade processing services to the maximum extent practicable.
Prohibits: (1) knowingly providing to the Administrator false information relating to the price or quantity of emission allowances sold, purchased, transferred, banked, or borrowed with the intent to fraudulently affect the data; (2) using, in connection with the purchase or sale of an emission allowance, any manipulative or deceptive device or contrivance in contravention of regulations prescribed to protect the public interest or consumers; or (3) cheating or defrauding another market participant, client, or customer. Directs the Administrator to monitor trading to prevent false reporting, manipulation, and fraud.
Requires the Administrator, to prevent excessive speculation, to adopt limitations on: (1) the quantity of trading transactions allowed and the positions that may be held in any emission allowance market; and (2) emission allowance auctions. Sets penalties for violations. | {"src": "billsum_train", "title": "A bill to facilitate price transparency in markets for the sale of emission allowances, and for other purposes."} | 1,430 | 311 | 0.719561 | 2.41118 | 0.768691 | 4.539007 | 4.609929 | 0.950355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Infrastructure Corps Act of
2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is suffering a worsening crisis in
public infrastructure, including a lack or insufficiency of
railroad, mass transportation, power, water control, river
navigation, port, oil refining, and hospital infrastructure
facilities.
(2) The ``infrastructure report card'' issued by the
American Society of Civil Engineers estimates the need for
$1,700,000,000,000 in investments to repair and replace
obsolescent and broken-down infrastructure facilities in the
United States.
(3) The Nation's infrastructure crisis became dramatically
apparent after the breakdown of water control, transportation,
and power infrastructure facilities in the Gulf States
following Hurricanes Katrina and Rita.
(4) Each $1,000,000,000 of Federal funding invested in
infrastructure facilities creates approximately 50,000 jobs and
$6,000,000,000 in economic activity.
(5) The United States continues to suffer high rates of
unemployment in urban and rural areas, especially among males
in their twenties, and individuals and households continue to
experience decreases in wages and real income.
(6) Regional, State, and local infrastructure rebuilding
projects require a great deal of semi-skilled and labor-
intensive employment.
(7) These projects include the necessary repair and
rebuilding of large numbers of the Nation's ``upstream'' dams,
which could provide employment to 100,000 individuals, and the
replacement of the 10 obsolete locks and dams on the Ohio River
Mainstem system, which would generate approximately 20,000 jobs
over a multi-year period.
(8) The Urban Youth Corps administered by the Departments
of Housing and Urban Development and Transportation, the
National Civilian Community Corps, and other volunteer programs
of the Corporation for National and Community Service have
greatly contributed to public works and disaster response
projects.
(9) The authority of the Corporation for National and
Community Service should be expanded to provide employment
opportunities and reverse trends in urban unemployment through
the establishment of a National Infrastructure Corps modeled
after the Community Conservation Corps created at the outset of
the Great Depression.
SEC. 3. ESTABLISHMENT OF NATIONAL INFRASTRUCTURE CORPS.
(a) In General.--Title I of the National and Community Service Act
of 1990 (42 U.S.C. 12501 et seq.) is amended by adding at the end the
following:
``Subtitle J--National Infrastructure Corps
``SEC. 199AA. DEFINITIONS.
``In this subtitle, the following definitions apply:
``(1) Corps.--The term `Corps' means the National
Infrastructure Corps established by section 199BB.
``(2) Eligible project.--The term `eligible project' means
a project for the construction or repair of an economic
infrastructure facility in the United States, including a
power, rail, transport, port, inland navigation, water
management, drinking water, energy, or hospital facility.
``(3) Eligible individual.--The term `eligible individual'
means an individual who is--
``(A) unemployed or employed on a part-time basis
due to economic reasons, as defined by the Secretary of
Labor;
``(B) between the ages of 18 and 40; and
``(C) a citizen of, or an alien lawfully admitted
for permanent residence to, the United States.
``(4) Qualified infrastructure corps.--The term `qualified
infrastructure corps' means a program established by a State or
local government or by a nonprofit organization to carry out
eligible projects and provide employment to eligible
individuals.
``SEC. 199BB. ESTABLISHMENT.
``There is established a National Infrastructure Corps, to be
administered by the Corporation.
``SEC. 199CC. PURPOSES.
``The purposes of the Corps shall be--
``(1) to address the economic infrastructure needs of the
Nation through the performance of eligible projects; and
``(2) to address high rates of unemployment in urban and
rural areas by providing employment opportunities to eligible
individuals.
``SEC. 199DD. PARTICIPATION IN THE CORPS.
``(a) Participants.--The Corps shall be composed of not more than
40,000 eligible individuals recruited by the Corporation.
``(b) Training.--The Corporation may provide employment training
for individuals participating in the Corps. The Corporation may provide
such training by entering into agreements with building trades unions
and labor councils that regularly provide 4-week and 6-week training
classes in construction and the building trades.
``(c) Residency Program.--
``(1) In general.--The Corporation may provide housing for
individuals participating in the Corps.
``(2) Corps housing.--The Corporation shall provide such
housing in a manner in which individuals participating in the
Corps reside with other Corps participants.
``(d) Period of Participation.--An individual may participate in
the Corps for a period of not more than 1 year.
``SEC. 199EE. PROJECTS TO BE CARRIED OUT BY THE CORPS.
``(a) Selection of Projects.--
``(1) In general.--The Corporation shall select eligible
projects to be carried out by the Corps and shall provide
financial assistance for such projects using amounts
appropriated to carry out this subtitle.
``(2) Participation of army corps of engineers.--The
Corporation shall select eligible projects under paragraph (1)
in cooperation with the Secretary of the Army, acting through
the Chief of Engineers.
``(3) Project proposals.--The Corporation shall select
eligible projects under this subsection based on proposals
submitted to the Corporation by Federal, State, and local
entities. The head of a Federal, State, or local entity shall
submit such a proposal at the time and in the manner as the
Corporation requires.
``(4) Disaster relief activities.--In selecting eligible
projects under this subsection, the Corporation shall give
priority to projects to repair vital infrastructure facilities
damaged by natural disasters and emergencies, including
projects to address damages resulting from Hurricanes Katrina
and Rita.
``(b) Performance of Projects.--
``(1) Cooperation with the army corps of engineers.--The
Corporation may enter into contracts and cooperative agreements
under which the Corps shall perform eligible projects in
coordination with the Secretary of the Army, acting through the
Chief of Engineers.
``(2) Cooperation with other federal agencies.--
``(A) Contracts and cooperative agreements.--The
Corporation may enter into contracts and cooperative
agreements under which the Corps shall perform eligible
projects in coordination with the heads of other
Federal entities, including--
``(i) the Urban Youth Corps, administered
by the Secretary of Housing and Urban
Development;
``(ii) the Urban Youth Corps, administered
by the Secretary of Transportation;
``(iii) the National Resource Conservation
Service of the Department of Agriculture; and
``(iv) the National Civilian Community
Corps.
``(B) Repair and rebuilding of upstream
structures.--The Corporation shall seek to enter into a
contract or cooperative agreement under this paragraph
with the Chief of the National Resource Conservation
Service for the rebuilding and repair of upstream
structures across the Nation.
``(3) Use of qualified infrastructure corps.--
``(A) Contracts and cooperative agreements.--The
Corporation may enter into contracts and cooperative
agreements with any qualified infrastructure corps to
perform eligible projects.
``(B) Grants.--The Corporation may make grants to
States (and through States to local governments) for
the purpose of establishing, operating, and supporting
a qualified infrastructure corps that will perform
eligible projects.
``(C) Applicability of matching requirements.--The
matching funds requirement of section 121(e) shall
apply to financial assistance provided under this
paragraph.
``(c) Coordination of Activities.--The Corporation shall coordinate
the activities of the Corps with other national service activities
carried out under this title.
``SEC. 199FF. WAGES.
``(a) In General.--All individuals participating in the Corps or in
a qualified infrastructure corps performing work for the construction,
alteration, or repair, including painting and decorating, of projects,
buildings, and works funded using amounts appropriated to carry out
this subtitle shall be paid wages at not less than the prevailing wages
on similar construction in the locality as determined by the Secretary
of Labor in accordance with sections 3141-3144, 3146, and 3147 of title
40, United States Code.
``(b) Authority.--With respect to the determination of wages under
paragraph (1), the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan No. 14 of 1950 (64 Stat.
1267) and section 3145 of title 40, United States Code.
``SEC. 199GG. NON-FEDERAL STATUS.
``(a) In General.--Except as otherwise provided in this section,
individuals participating in the Corps shall not, by reason of their
status as such participants, be considered Federal employees and shall
not be subject to the provisions of law relating to Federal employees.
``(b) Work-Related Injuries.--
``(1) In general.--For purposes of subchapter I of chapter
81 of title 5, United States Code, relating to the compensation
of Federal employees for work injuries, individuals
participating in the Corps shall be considered as employees of
the United States within the meaning of the term `employee', as
defined in section 8101 of such title.
``(2) Special rule.--In the application of the provisions
of subchapter I of chapter 81 of title 5, United States Code,
to an individual referred to in paragraph (1), the individual
shall not be considered to be in the performance of duty while
absent from the individual's assigned post of duty unless the
absence is authorized in accordance with procedures prescribed
by the Director of the Corporation.
``(c) Tort Claims Procedure.--An individual participating in the
Corps shall be considered an employee of the United States for purposes
of chapter 171 of title 28, United States Code, relating to tort claims
liability and procedure.
``SEC. 199HH. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this subtitle
$900,000,000 for each of fiscal years 2007 through 2010.''.
(b) Table of Contents.--The table of contents contained in section
1(b) of the National and Community Service Act of 1990 is amended by
adding at the end of the items relating to title I the following:
``Subtitle J--National Infrastructure Corps
``Sec. 199AA. Definitions.
``Sec. 199BB. Establishment.
``Sec. 199CC. Purposes.
``Sec. 199DD. Participation in the Corps.
``Sec. 199EE. Projects to be carried out by the Corps.
``Sec. 199FF. Wages.
``Sec. 199GG. Non-Federal status.
``Sec. 199HH. Authorization of appropriations.''.
SEC. 4. CONFORMING AMENDMENT.
Section 122(a) of the National and Community Service Act of 1990
(42 U.S.C. 12572(a)) is amended--
(1) by redesignating paragraph (15) as paragraph (16); and
(2) by inserting after paragraph (14) the following:
``(15) An economic infrastructure construction program such
as the National Infrastructure Corps established under section
199BB or a qualified infrastructure corps as defined in section
199AA.''. | National Infrastructure Corps Act of 2006 - Amends the National and Community Service Act of 1990 to establish a National Infrastructure Corps of up to 40,000 eligible individuals, to be operated by the Corporation for National and Community Service, in order to address: (1) the economic infrastructure needs of the Nation through the performance of eligible projects; and (2) high rates of unemployment in urban and rural areas by providing employment opportunities to eligible individuals.
Directs the Corporation to: (1) select, in cooperation with the Secretary of the Army, acting through the Chief of Engineers, eligible projects based on proposals submitted by federal, state, and local entities; (2) provide financial assistance; and (3) give priority to disaster relief projects to repair vital infrastructure facilities damaged by natural disasters and emergencies, including projects to address damages resulting from Hurricanes Katrina and Rita. | {"src": "billsum_train", "title": "To amend the National and Community Service Act of 1990 to establish a National Infrastructure Corps to address the Nation's infrastructure needs and provide employment opportunities for unemployed individuals."} | 2,570 | 172 | 0.558761 | 1.6872 | 0.665003 | 5.065868 | 14.083832 | 0.958084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Access to Safe Mortgages
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) American families will be severely harmed by an
unprecedented wave of potential foreclosures expected to occur
in the next 12 months, as adjustable rate subprime mortgages
reset to higher interest rates;
(2) preventing such foreclosures and facilitating the
refinancing of at-risk subprime borrowers into safe prime loans
will require additional capacity on the part of the government
sponsored enterprises, the Federal National Mortgage
Association, and the Federal Home Loan Mortgage Association,
and any affiliates thereof, to purchase additional financing;
(3) there is a lack of liquidity in the financial markets
for mortgage backed securities, which threatens to impair
financing for all mortgages; and
(4) the government sponsored enterprises, the Federal
National Mortgage Association, and the Federal Home Loan
Mortgage Corporation, and any affiliates thereof, are uniquely
positioned to provide the financing necessary to alleviate the
predicted wave of upcoming foreclosures, and the liquidity
necessary to help United States markets.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Director.--The term ``Director'' means the Director of
the Office of Federal Housing Enterprise Oversight of the
Department of Housing and Urban Development.
(2) Enterprise.--The term ``enterprise'' means--
(A) the Federal National Mortgage Association, and
any affiliate thereof; and
(B) the Federal Home Loan Mortgage Corporation, and
any affiliate thereof.
(3) Fannie mae consent decree.--The term ``Fannie Mae
Consent Decree'' means the order of the Office of Federal
Housing Enterprises Oversight dated May 23, 2006, in the matter
of the Federal National Mortgage Association.
(4) Freddie mac letter.--The term ``Freddie Mac Letter''
means the letter dated July 31, 2006, from the Chairman and
Chief Executive Officer of the Federal Home Loan Mortgage
Corporation to the Director.
(5) OFHEO.--The term ``OFHEO'' means the Office of Federal
Housing Enterprises Oversight.
SEC. 4. AMENDMENTS TO CONFORMING LOAN LIMITS.
(a) Fannie Mae.--Section 302(b)(2) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1717(b)(2)) is amended by adding at
the end the following: ``During the 1-year period beginning on the date
of enactment of the Protecting Access to Safe Mortgages Act, the
limitations established under this paragraph shall be increased with
respect to properties of a particular size located in any area for
which the median price for such size residence exceeds the foregoing
limitations for such size residence, to the lesser of 150 percent of
such foregoing limitation for such size residence or the amount that is
equal to the median price in such area for such size residence.''.
(b) Freddie Mac.--Section 305(a)(2) of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) is amended by adding at
the end the following: ``During the 1-year period beginning on the date
of enactment of the Protecting Access to Safe Mortgages Act, the
limitations established under this paragraph shall be increased with
respect to properties of a particular size located in any area for
which the median price for such size residence exceeds the foregoing
limitations for such size residence, to the lesser of 150 percent of
such foregoing limitation for such size residence or the amount that is
equal to the median price in such area for such size residence.''.
SEC. 5. LIFTING OF PORTFOLIO CAPS.
(a) In General.--Immediately upon the date of enactment of this
Act, the Director shall terminate, suspend, modify, or otherwise lift--
(1) the limitation on growth provision set forth in section
4, Article III of the Fannie Mae Consent Decree; and
(2) the voluntary temporary growth limitation described in
the Freddie Mac Letter.
(b) Factors.--In carrying out subsection (a), the Director shall
increase the mortgage portfolio limitations of both enterprises by not
less than 10 percent, unless the Director certifies in writing to the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives, and
demonstrates by compelling evidence that such action is likely to
result in a significant depletion of the core capital of an enterprise,
or otherwise create an unsafe and unsound condition.
(c) Allocation.--Fifty percent of the portfolio increase described
in subsection (b) shall be used on loans which have had or will have
interest rate resets between June 2005 and December 2009.
SEC. 6. SUNSET PROVISION.
This Act and the amendments made by this Act are repealed,
effective 1 year after the date of enactment of this Act. | Protecting Access to Safe Mortgages Act - Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to increase mortgage portfolio limitations placed upon: (1) the Federal National Mortgage Association (Fannie Mae); and (2) the Federal Home Loan Mortgage Corporation (Freddie Mac), respectively.
Instructs the Director of the Office of Federal Housing Enterprise Oversight (OFHEO) of the Department of Housing and Urban Development (HUD) to lift: (1) the limitation on growth provision set forth in the Fannie Mae Consent Decree; and (2) the voluntary temporary growth limitation described in a certain Freddie Mac Letter.
Requires 50% of such portfolio increase to be used on loans which have had or will have interest rate resets between June 2005 and December 2009. | {"src": "billsum_train", "title": "A bill to temporarily raise conforming loan limits in high cost areas and portfolio caps applicable to Freddie Mac and Fannie Mae, to provide the necessary financing to curb foreclosures by facilitating the refinancing of at-risk subprime borrowers into safe, prime loans, to preserve liquidity in the mortgage lending markets, and for other purposes."} | 1,093 | 167 | 0.577979 | 1.775543 | 0.657458 | 5.352941 | 6.392157 | 0.934641 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indiana Dunes National Park
Designation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes form the largest freshwater system on
Earth;
(2) Lake Michigan is--
(A) the second largest Great Lake by volume; and
(B) the only Great Lake located wholly within the
United States;
(3) the southern shore of Lake Michigan includes some of
the most geologically and biologically diverse areas in the
United States;
(4) the unique features that comprise the southern shore of
Lake Michigan, also known as the ``Indiana Dunes'', were formed
over a period of 12,000 years by natural forces, including
glaciers, wind, and water;
(5) glacial melting and fluctuations in the water level
resulted in the formation of as many as 7 shorelines along the
southern shore of Lake Michigan;
(6) the process by which the southern shore of Lake
Michigan was formed resulted in the biologically diverse
beaches, sand dunes, and inter-dune wetlands that can be seen
in the southern shore of Lake Michigan today;
(7) Indian tribes, including the Miami and Potawatomi
Indian tribes, inhabited the Indiana Dunes region for over
10,000 years;
(8) local conservation efforts to preserve the Indiana
Dunes began as early as 1899 when Henry Cowles, a botanist from
the University of Chicago who is known for being one of the
founders of contemporary ecological study and thought,
published an article entitled ``Ecological Relations of the
Vegetation on Sand Dunes of Lake Michigan'' in the Botanical
Gazette, bringing international attention to the intricate
ecosystems on the Indiana Dunes;
(9) on October 30, 1916, 1 month after the establishment of
the National Park Service, Stephen Mather, the first Director
of the National Park Service, held hearings in Chicago,
Illinois, to gauge public sentiment on establishing a large
portion of the southern shore of Lake Michigan as one of the
first national parks in the United States, to be known as the
``Sand Dunes National Park'';
(10) over 400 people attended the hearings in Chicago,
Illinois, of which--
(A) 42 people, including Henry Cowles, spoke in
favor of the proposal to establish the national park;
and
(B) there were no opponents to the proposal to
establish the national park;
(11) plans for a Sand Dunes National Park were delayed
because the United States entered World War I and national
focus shifted away from national parks to national defense;
(12) local conservation efforts to preserve the Indiana
Dunes persisted after World War I and culminated in--
(A) the establishment of Indiana Dunes State Park
in 1925; and
(B) the enactment in 1966 of Public Law 89-761 (16
U.S.C. 460u et seq.), which established the Indiana
Dunes National Lakeshore;
(13) the Indiana Dunes National Lakeshore was subsequently
expanded in 1976, 1980, 1986, and 1992;
(14) the Indiana Dunes National Lakeshore and the adjacent
Indiana Dunes State Park are comprised of over 15,000 acres of
dunes, oak savannas, swamps, bogs, marshes, prairies, rivers,
and forests that are preserved for public enjoyment, including
15 miles of shoreline along Lake Michigan that extend from
Gary, Indiana, to Michigan City, Indiana;
(15) the Indiana Dunes National Lakeshore is--
(A) one of the most biologically diverse units of
the National Park System, containing 2,336 unique
species, including 896 animal species and 1,407 plant
species;
(B) a cherished cultural landmark that attracts
millions of visitors each year; and
(C) an especially important feeding and resting
area for migrating land and water birds, including 350
unique species of birds; and
(16) institutions such as the Dunes Learning Center--
(A) attract youth and other community members to
the Indiana Dunes; and
(B) provide the youth and other community members
with insight on the biodiversity and historical
significance of the Indiana Dunes.
SEC. 3. DESIGNATION OF INDIANA DUNES NATIONAL PARK.
(a) Designation.--
(1) In general.--The first section of Public Law 89-761 (16
U.S.C. 460u) is amended--
(A) in the first sentence--
(i) by striking ``National Lakeshore'' and
inserting ``National Park''; and
(ii) by striking ``(hereinafter referred to
as the `lakeshore')'' and inserting ``(referred
to in this Act as the `Park')''; and
(B) in the second sentence, by striking
``lakeshore'' and inserting ``Park''.
(2) Conforming amendments.--Sections 2 through 24 of Public
Law 89-761 (16 U.S.C. 460u-1 through 460u-24) are amended--
(A) by striking ``Lakeshore'' each place it appears
and inserting ``Park''; and
(B) by striking ``lakeshore'' each place it appears
and inserting ``Park''.
(b) References.--Any reference in any law, regulation, document,
record, map, or other paper of the United States to the Indiana Dunes
National Lakeshore shall be considered to be a reference to the
``Indiana Dunes National Park''. | Indiana Dunes National Park Designation Act This bill renames the Indiana Dunes National Lakeshore as the Indiana Dunes National Park. | {"src": "billsum_train", "title": "Indiana Dunes National Park Designation Act"} | 1,210 | 30 | 0.503138 | 1.246135 | 0.248784 | 3.571429 | 52.428571 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Marginal Lands and
Protecting Farming Act of 2013''.
SEC. 2. MAXIMUM ENROLLMENT.
Section 1231(d) of the Food Security Act of 1985 (16 U.S.C.
3831(d)) is amended to read as follows:
``(d) Maximum Enrollment.--The Secretary may maintain in the
conservation reserve at any 1 time, not more than--
``(1) during fiscal year 2013, 29,000,000 acres;
``(2) during fiscal year 2014, 26,000,000 acres; and
``(3) during each of fiscal years 2015 through 2018,
24,000,000 acres.''.
SEC. 3. INELIGIBLE LAND.
Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is
amended by adding at the end the following new subsection:
``(j) Ineligible Land.--Notwithstanding any other provision of this
section, after the date of enactment of this subsection, the Secretary
may not enroll land in the conservation reserve that is classified as
class I or class II land under the land capability classification
system published in the National Soil Survey Handbook of the Natural
Resources Conservation Service, unless such land is enrolled as a
buffer, filterstrip, or strip adjacent to a riparian area.''.
SEC. 4. CONTRACT REQUIREMENTS.
(a) Early Termination by Owner or Operator.--Section 1235(e) of the
Food Security Act of 1985 (16 U.S.C. 3835(e)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``The Secretary'' and inserting
``During fiscal year 2014, the Secretary''; and
(B) by striking ``before January 1, 1995,'';
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following:
``(C) Land devoted to hardwood trees.
``(D) Wildlife habitat, duck nesting habitat,
pollinator habitat, upland bird habitat buffer,
wildlife food plots, State acres for wildlife
enhancement, shallow water areas for wildlife, and rare
and declining habitat.
``(E) Farmable wetland and restored wetland.
``(F) Land that contains diversions, erosion
control structures, flood control structures, contour
grass strips, living snow fences, salinity reducing
vegetation, cross wind trap strips, and sediment
retention structures.
``(G) Land located within a federally-designated
wellhead protection area.
``(H) Land that is covered by an easement under the
conservation reserve program.
``(I) Land located within an average width,
according to the applicable Natural Resources
Conservation Service field office technical guide, of a
perennial stream or permanent water body.''; and
(3) in paragraph (3), by striking ``60 days after the date
on which the owner or operator submits the notice required
under paragraph (1)(C)'' and inserting ``upon approval by the
Secretary''.
(b) Transition Option for Certain Farmers or Ranchers.--Section
1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Duties'' and all that follows through ``a
beginning farmer'' and inserting ``Transition to
covered farmer or rancher.--In the case of a contract
modification approved in order to facilitate the
transfer of land subject to a contract from a retired
farmer or rancher to a beginning farmer'';
(B) in subparagraph (A)(i), by inserting ``,
including preparing to plant an agricultural crop''
after ``improvements'';
(C) in subparagraph (D), by striking ``the farmer
or rancher'' and inserting ``the covered farmer or
rancher''; and
(D) in subparagraph (E), by striking ``section
1001A(b)(3)(B)'' and inserting ``section 1001(a)''; and
(2) in paragraph (2), by striking ``requirement of section
1231(h)(4)(B)'' and inserting ``option pursuant to section
1231(h)''.
(c) Final Year Contract.--Section 1235 of the Food Security Act of
1985 (16 U.S.C. 3835) is amended by adding at the end the following new
subsection:
``(g) Final Year of Contract.--The Secretary shall not consider an
owner or operator to be in violation of a term or condition of the
conservation reserve contract if--
``(1) during the year prior to expiration of the contract,
the land is enrolled in the conservation stewardship program;
and
``(2) the activity required under the conservation
stewardship program pursuant to such enrollment is consistent
with this subchapter.''. | Preserving Marginal Lands and Protecting Farming Act of 2013 - Amends the Food Security Act of 1985 to set the maximum number of acres that may be enrolled at any one time in the conservation reserve program (CRP) at: (1) 29 million acres for FY2013, (2) 26 million acres for FY2014, and (3) 26 million acres for each of FY2015 through FY2018. Prohibits the enrollment of land in the conservation reserve that is classified as class I or class II land under the National Soil Survey Handbook's land capability classification system unless such land is enrolled as a buffer, filterstrip, or strip adjacent to a riparian area. Directs the Secretary of Agriculture (USDA), during FY2014, to permit a participant that entered into a CRP contract to terminate the contract at any time if the contract has been in effect for at least five years. Revises the types of land that are not subject to early contract termination. | {"src": "billsum_train", "title": "Preserving Marginal Lands and Protecting Farming Act of 2013"} | 1,124 | 209 | 0.615896 | 1.801585 | 0.897977 | 3.161111 | 5.455556 | 0.794444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``House Reservists Pay Adjustment Act
of 2008''.
SEC. 2. REPLACEMENT OF LOST INCOME FOR HOUSE EMPLOYEES ON ACTIVE DUTY
UNDER INVOLUNTARY MOBILIZATION ORDER.
(a) Payment.--
(1) In general.--For each active duty month of an eligible
employee of the House of Representatives who is also a member
of a Reserve component of the Armed Forces, the Chief
Administrative Officer of the House of Representatives shall
pay to the employee the amount by which--
(A) the amount of regular compensation the employee
would have received from the House of Representatives
if the month had not been an active duty month, exceeds
(if at all)
(B) the total monthly military compensation paid to
the employee for the month by the Secretary of Defense.
(2) Eligibility.--An employee of the House of
Representatives is eligible for purposes of paragraph (1) with
respect to an active duty month if the employee was an employee
of the House of Representatives during each day of the 90-day
period which ends on the day on which the employee reports for
active duty under an involuntary mobilization order.
(b) Determination of Compensation Employee Would Have Received.--
(1) In general.--For purposes of subsection (a)(1), the
amount of regular compensation an employee would have received
from the House of Representatives for a month shall be equal to
the amount of compensation the employee received from the House
of Representatives for the base month (excluding any bonus or
incentive payment made during the month), increased (in a
compound manner) by any cost-of-living adjustments applicable
to the compensation of employees of the Office of the Chief
Administrative Officer for months occurring after the base
month.
(2) Base month defined.--For purposes of paragraph (1), the
term ``base month'' means, with respect to an employee, the
most recent month for which the employee received compensation
from the House of Representatives which precedes the active
duty month.
(c) Special Rules Regarding Amount of Payment.--
(1) Reduction for amounts paid from other sources as
replacement of lost income.--The Chief Administrative Officer
shall reduce the amount of any payment made to any individual
under subsection (a) with respect to an active duty month by
the amount of any payment received by the individual under
section 910 of title 37, United States Code, or any other
source that is provided to replace income lost by the
individual during the month.
(2) Minimum amount required for payment.--The Chief
Administrative Officer shall not make a payment otherwise
required under this section if the amount of the payment (as
determined under subsection (a), taking into account the
reduction made under paragraph (1)) is not greater than $50.
(d) Definitions.--In this section--
(1) the term ``active duty month'' means, with respect to
an employee of the House of Representatives who is also a
member of a Reserve component of the Armed Forces, any month
during which the employee is not able to perform duties for the
office of the employee's employing authority because the
employee is on active duty under an involuntary mobilization
order for a period of more than 30 days;
(2) the terms ``Armed Forces'', ``active duty for a period
of more than 30 days'', and ``Reserve component'' have the
meaning given such terms in section 101 of title 37, United
States Code; and
(3) the term ``total monthly military compensation'' has
the meaning given such term in section 910(e)(2) of title 37,
United States Code.
(e) Authorization of Appropriations.--There are authorized to be
appropriated from the applicable accounts of the House of
Representatives such sums as may be necessary for payments under this
section.
(f) Effective Date.--This section shall apply with respect to
active duty months beginning on or after the date of the enactment of
this Act.
SEC. 3. ENSURING CONSISTENCY WITH CODE OF OFFICIAL CONDUCT.
Clause 8 of rule XXIII of the Rules of the House of Representatives
is amended by adding at the end the following new paragraph:
``(d) Nothing in this clause may be construed to prohibit the
disbursement or receipt of any payment authorized under section 2 of
the House Reservists Pay Adjustment Act of 2008.''.
SEC. 4. CLARIFICATION OF ELIGIBILITY OF SURVIVORS FOR HOUSE GRATUITY.
The last undesignated paragraph under the center heading ``House of
Representatives'' and the center subheading ``Contingent Expenses of
the House'' in the first section of the Legislative Branch
Appropriation Act, 1955 (2 U.S.C. 125), is amended by adding at the end
the following: ``Nothing in this paragraph may be construed to prohibit
the Chief Administrative Officer from paying a gratuity to the widow,
widower, or heirs-at-law of an employee of the House who dies during an
active duty month (as defined in section 2(d) of the House Reservists
Pay Adjustment Act of 2008).''.
Passed the House of Representatives September 11, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | House Reservists Pay Adjustment Act - Requires the Chief Administrative Officer (CAO) of the House of Representatives to pay an eligible House employee, who is also a member of a Reserve component of the Armed Forces, for each active duty month the amount by which the employee's regular compensation from the House would have exceeded (if at all) the total monthly military compensation paid to the employee for the active duty month by the Secretary of Defense.
Limits employee eligibility for such adjusted compensation to those employed by the House each day of the 90 days ending on the day on which the employee reports for active duty under an involuntary mobilization order.
Requires the CAO to reduce the amount of any payment to such employee for an active duty month by the amount of any pay and allowances received by the individual from any other source as replacement of lost income.
Prohibits the CAO from making a required payment under this Act unless the payment, taking into account any reduction, is at least $50.
Authorizes appropriations.
Amends Rule XXIII (Code of Official Conduct) of the Rules of the House of Representatives to declare that nothing in such Rule may be construed to prohibit the disbursement or receipt of any payment authorized under this Act.
Amends the Legislative Branch Appropriation Act, 1955 to declare that nothing in the Act may be construed to prohibit the CAO from paying a gratuity to the widow, widower, or heirs-at-law of a House employee who dies during an active duty month. | {"src": "billsum_train", "title": "To provide for the replacement of lost income for employees of the House of Representatives who are members of a reserve component of the armed forces who are on active duty for a period of more than 30 days, and for other purposes."} | 1,197 | 349 | 0.700749 | 2.122683 | 0.860262 | 3.979239 | 3.67474 | 0.920415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Census Oversight Efficiency and
Management Reform Act of 2010''.
SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR OF THE
CENSUS.
(a) In General.--Section 21 of the title 13, United States Code, is
amended to read as follows:
``Sec. 21. Director of the Census; Deputy Director of the Census;
authority and duties
``(a) Definitions.--As used in this section--
``(1) `Director' means the Director of the Census;
``(2) `Deputy Director' means the Deputy Director of the
Census; and
``(3) `function' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program.
``(b) Director of the Census.--
``(1) Appointment.--
``(A) In general.--The Bureau shall be headed by a
Director of the Census, appointed by the President, by
and with the advice and consent of the Senate.
``(B) Qualifications.--Such appointment shall be
made from individuals who have a demonstrated ability
in management and experience in the collection,
analysis, and use of statistical data.
``(2) General authority and duties.--
``(A) In general.--The Director shall report
directly to the Secretary without being required to
report through any other official of the Department of
Commerce.
``(B) Duties.--The Director shall perform such
duties as may be imposed upon the Director by law,
regulations, or orders of the Secretary.
``(C) Independence of director.--No officer or
agency of the United States shall have any authority to
require the Director to submit legislative
recommendations, or testimony, or comments for review
prior to the submission of such recommendations,
testimony, or comments to Congress if such
recommendations, testimony, or comments to Congress
include a statement indicating that the views expressed
therein are those of the Bureau and do not necessarily
represent the views of the President.
``(3) Term of office.--
``(A) In general.--The term of office of the
Director shall be 5 years, and shall begin on January
1, 2012, and every fifth year thereafter. An individual
may not serve more than 2 full terms as Director.
``(B) Vacancies.--Any individual appointed to fill
a vacancy in such position, occurring before the
expiration of the term for which such individual's
predecessor was appointed, shall be appointed for the
remainder of that term. The Director may serve after
the end of the Director's term until reappointed or
until a successor has been appointed, but in no event
longer than 1 year after the end of such term.
``(C) Removal.--An individual serving as Director
may be removed from office by the President. The
President shall communicate in writing the reasons for
any such removal to both Houses of Congress not later
than 30 days before the removal.
``(4) Functions.--The Director shall be responsible for the
exercise of all powers and the discharge of all duties of the
Bureau, and shall have authority and control over all personnel
and activities thereof.
``(5) Organization.--The Director may establish, alter,
consolidate, or discontinue such organizational units or
components within the Bureau as the Director considers
necessary or appropriate, except that this paragraph shall not
apply with respect to any unit or component provided for by
law.
``(6) Advisory committees.--The Director may establish
advisory committees to provide advice with respect to any
function of the Director. Members of any such committee shall
serve without compensation, but shall be entitled to
transportation expenses and per diem in lieu of subsistence in
accordance with section 5703 of title 5.
``(7) Regulations.--The Director may, in consultation with
the Secretary, prescribe such rules and regulations as the
Director considers necessary or appropriate to carry out the
functions of the Director.
``(8) Delegations, etc.--The Director may assign duties,
and delegate, or authorize successive redelegations of,
authority to act and to render decisions, to such officers and
employees of the Bureau as the Director may find necessary.
Within the limitations of such assignments, delegations, or
redelegations, all official acts and decisions of such officers
and employees shall have the same force and effect as though
performed or rendered by the Director. An assignment,
delegation, or redelegation under this paragraph may not take
effect before the date on which notice of such assignment,
delegation, or redelegation (as the case may be) is published
in the Federal Register.
``(9) Budget requests.--At the time the Director submits a
budget request to the Secretary for inclusion in the
President's budget request for a fiscal year submitted under
section 1105 of title 31, and prior to the submission of the
Department of Commerce budget to the Office of Management and
Budget, the Director shall provide that budget information to
the Committee on Oversight and Government Reform of the House
of Representatives and the Committee on Governmental Affairs of
the Senate, as well as the Committees on Appropriations of the
House of Representatives and the Senate. All other budget
requests from the Bureau to the Secretary shall be made
available to the Committees on Appropriations of the House of
Representatives and the Senate.
``(10) Other authorities.--
``(A) Personnel.--Subject to sections 23 and 24,
but notwithstanding any other provision of law, the
Director, in carrying out the functions of the Director
or the Bureau, may use the services of officers and
other personnel in other Federal agencies, including
personnel of the Armed Forces, with the consent of the
head of the agency concerned.
``(B) Voluntary services.--Notwithstanding section
1342 of title 31, or any other provision of law, the
Director may accept and use voluntary and uncompensated
services.
``(c) Deputy Director.--
``(1) In general.--There shall be in the Bureau a Deputy
Director of the Census, who shall be appointed by and serve at
the pleasure of the Director. The position of Deputy Director
shall be a career reserved position within the meaning of
section 3132(a)(8) of title 5.
``(2) Functions.--The Deputy Director shall perform such
functions as the Director shall designate.
``(3) Temporary authority to perform functions of
director.--The provisions of sections 3345 through 3349d of
title 5 shall apply with respect to the office of Director. The
first assistant to the office of Director is the Deputy
Director for purposes of applying such provisions.''.
(b) Transition Rules.--
(1) Appointment of initial director.--The initial Director
of the Bureau of the Census shall be appointed in accordance
with the provisions of section 21(b) of title 13, United States
Code, as amended by subsection (a).
(2) Interim role of current director of the census after
date of enactment.--If, as of January 1, 2012, the initial
Director of the Bureau of the Census has not taken office, the
officer serving on December 31, 2011, as Director of the Census
(or Acting Director of the Census, if applicable) in the
Department of Commerce--
(A) shall serve as the Director of the Bureau of
the Census;
(B) shall assume the powers and duties of such
Director, until the initial Director has taken office;
and
(C) shall report directly to the Secretary of
Commerce.
(c) Clerical Amendment.--The item relating to section 21 in the
table of sections for chapter 1 of title 13, United States Code, is
amended to read as follows:
``21. Director of the Census; Deputy Director of the Census; authority
and duties.''.
(d) Technical and Conforming Amendments.--Not later than January 1,
2011, the Secretary of Commerce, in consultation with the Director of
the Census, shall submit to each House of the Congress draft
legislation containing any technical and conforming amendments to title
13, United States Code, and any other provisions which may be necessary
to carry out the purposes of this Act.
SEC. 3. INTERNET RESPONSE OPTION.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Census, shall provide a plan to Congress on
how the Bureau of the Census will test, develop, and implement an
Internet response option for the 2020 Census and the American Community
Survey. The plan shall include a description of how and when
feasibility will be tested, the stakeholders to be consulted, when and
what data will be collected, and how data will be protected.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Subchapter I of chapter 1 of title 13, United
States Code, is amended by adding at the end the following new section:
``Sec. 17. Annual reports
``(a) Not later than the date of the submission of the President's
budget request for a fiscal year under section 1105 of title 31, the
Director of the Census shall submit to the appropriate congressional
committees a comprehensive status report on the next decennial census,
beginning with the 2020 decennial census. Each report shall include the
following information:
``(1) A description of the Bureau's performance goals for
each significant decennial operation, including the performance
measures for each operation.
``(2) An assessment of the risks associated with each
significant decennial operation, including the
interrelationships between the operations and a description of
relevant mitigation plans.
``(3) Detailed milestone estimates for each significant
decennial operation, including estimated testing dates, and
justification for any changes to milestone estimates.
``(4) Updated cost estimates for the life cycle of the
decennial census, including sensitivity analysis and an
explanation of significant changes in the assumptions on which
such cost estimates are based.
``(5) A detailed description of all contracts over
$50,000,000 entered into for each significant decennial
operation, including--
``(A) any changes made to the contracts from the
previous fiscal year;
``(B) justification for the changes; and
``(C) actions planned or taken to control growth in
such contract costs.
``(b) For purposes of this section, the term `significant decennial
operation' includes any program or information technology related to--
``(1) the development of an accurate address list;
``(2) data collection, processing, and dissemination;
``(3) recruiting and hiring of temporary employees;
``(4) marketing, communications, and partnerships; and
``(5) coverage measurement.''.
(b) Clerical Amendment.--The table of sections for chapter 1 of
title 13, United States Code, is amended by inserting after the item
relating to section 16 the following new item:
``17. Annual reports.''.
(c) Effective Date.--The amendments made by this section shall
apply to budget requests for fiscal years beginning after September 30,
2010. | Census Oversight Efficiency and Management Reform Act of 2010 - Requires the individual appointed as Director of the Census to have a demonstrated ability in management and experience in the collection, analysis, and use of statistical data.
Provides that: (1) the Director shall report directly to the Secretary of Commerce; and (2) no U.S. officer or agency shall have authority to require the Director to submit legislative recommendations, testimony, or comments for review prior to the submission to Congress if such submission includes a statement indicating that the views expressed are those of the Bureau of the Census and do not necessarily represent the views of the President.
Requires the term of office of the Director to be five years and to begin on January 1, 2012, and every fifth year thereafter. Prohibits an individual from serving more than two full terms as Director. Sets forth provisions governing: (1) vacancies in and removal from office; and (2) the authorities and duties of the Director. Establishes the position of Deputy Director of the Census.
Requires the Director to: (1) provide a plan to Congress on how the Bureau will test, develop, and implement an Internet response option for the 2020 Census and the American Community Survey; and (2) submit to the appropriate congressional committees, by the date of submission of the President's budget request for a fiscal year, a comprehensive status report on the next decennial census. | {"src": "billsum_train", "title": "To amend title 13 of the United States Code to provide for a 5-year term of office for the Director of the Census and to provide for the authority and duties of the Director and Deputy Director of the Census, and for other purposes."} | 2,391 | 297 | 0.692784 | 1.92165 | 0.883058 | 4.603636 | 8.36 | 0.945455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colorado Forest Insect Emergency
Response Act of 2008''.
SEC. 2. RESPONSE TO SEVERE INFESTATIONS OF BARK BEETLES AND OTHER
INSECTS ON FEDERAL LAND IN COLORADO.
(a) Findings.--The Congress finds the following:
(1) Fire and bark beetles and other insects that feed on
trees are natural parts of Colorado's forest ecology that have
some beneficial effects and help shape the forests by thinning
dense tree stands and promoting cyclical re-growth.
(2) However, in various parts of Colorado, large-scale
infestations of bark beetles and other insects, in combination
with other factors, have increased the likelihood of unusually
severe wildfires that pose a threat to lives and property in
nearby communities and to municipal water supplies and other
infrastructure.
(3) The Healthy Forests Restoration Act of 2003 (Public Law
108-148; 16 U.S.C. 6501 et seq.) was enacted to address the
need to reduce the volume of fuel that can feed the most severe
wildfires that threaten communities.
(4) The modification of some provisions of the Healthy
Forests Restoration Act of 2003 will help to further expedite
action to reduce the risks of severe wildfires to Colorado
communities, water supplies, and infrastructure in or near
forested areas most severely affected by infestations of bark
beetles and other insects.
(b) Insect-Emergency Area Defined.--Section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511) is amended--
(1) by redesignating paragraphs (12) through (16) as
paragraphs (13) through (17), respectively; and
(2) by inserting after paragraph (11) the following new
paragraph:
``(12) Insect-emergency area.--The term `insect-emergency
area' means an area of Federal land in Colorado designated by
the Secretary pursuant to section 107.''.
(c) Alternative Analysis Process.--Section 104(d)(2) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6514(d)(2)) is amended by
inserting after ``at-risk community'' the following: ``or on any other
lands identified for such a project in a community wildfire protection
plan for an at-risk community in or adjacent to an insect-emergency
area''.
(d) Response to Insect Emergencies.--Title I of the Healthy Forests
Restoration Act of 2003 is amended--
(1) by redesignating sections 107 and 108 as sections 108
and 109, respectively; and
(2) by inserting after section 106 (16 U.S.C. 6516) the
following new section:
``SEC. 107. COLORADO INSECT-EMERGENCY AREAS.
``(a) Designation of Insect-Emergency Areas.--
``(1) Designation authority.--The Secretary may designate
an area of Federal land in Colorado as an insect-emergency area
if--
``(A) the Secretary determines that the area is
subject to a widespread infestation of bark beetles or
other insects;
``(B) the Secretary determines that the area is
characterized by insect-induced tree mortality that
has, or within one year of the determination will have,
produced a condition such that an immediate reduction
in hazardous fuels is required in order to reduce the
risks to human life and property or to a municipal
water supply from a severe wildfire; and
``(C) the area is identified for hazardous fuel
reduction treatment in a community wildfire protection
plan.
``(2) Criteria.--The determinations required by
subparagraphs (A) and (B) of paragraph (1) shall be made on the
basis of the best information available, including observation
of relevant insect infestations.
``(3) Limitation on delegation.--In the case of National
Forest System lands, the authority to designate an insect-
emergency area may be delegated only to a Regional Forester.
``(b) Initiation of Designation Process.--
``(1) Initiation.--The designation of an insect-emergency
area may be made on the initiative of the Secretary or in
response to a request by any agency of the State of Colorado or
a political subdivision thereof.
``(2) Deadline.--If a request for designation is initiated
by the State or a political subdivision thereof, the Secretary
shall issue a decision regarding the request not later than 90
days after receipt of the request.
``(c) Consultation and Public Comment.--Before making the
determinations required by subparagraphs (A) and (B) of paragraph (1)
of subsection (a) with respect to an area, the Secretary shall--
``(1) consult with any Federal agency responsible for
management of lands within a relevant community wildfire
protection plan and appropriate State and local officials; and
``(2) provide public notice and seek public comments on the
possible determinations.
``(d) Review of Designation.--Any administrative or judicial review
of the decision of the Secretary to designate an insect-emergency area
shall be subject to regulations issued pursuant to section 105 and to
the provisions of section 106.
``(e) Authorized Hazardous Fuel Reduction Projects in Designated
Areas.--An authorized hazardous fuel reduction project involving only
lands within an insect-emergency area may be categorically excluded
from documentation in an environmental impact statement and
environmental assessment under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) if--
``(1) the project involves only lands that are identified
for hazardous-fuel reduction treatment in a community wildfire
protection plan; and
``(2) the decision to categorically exclude the project is
made in accordance with applicable extraordinary circumstances
procedures established pursuant to section 1508.4 of title 40,
Code of Federal Regulations.''. | Colorado Forest Insect Emergency Response Act of 2008 - Amends the Healthy Forests Restoration Act of 2003 to authorize the Secretary of Agriculture or the Secretary of the Interior to designate an area of federal land in Colorado as an insect-emergency area if the area is: (1) subject to a widespread infestation of bark beetles or other insects; (2) characterized by insect-induced tree mortality that has, or within one year of the determination will have, produced a condition such that an immediate reduction in hazardous fuels is required in order to reduce the risks to human life and property or to a municipal water supply from a severe wildfire; and (3) identified for hazardous fuel reduction treatment in a community wildfire protection plan. | {"src": "billsum_train", "title": "To amend the Healthy Forests Restoration Act of 2003 to authorize the Secretary of Agriculture and the Secretary of the Interior to take expedited action to reduce the increased risk of severe wildfires to Colorado communities, water supplies, and infrastructure in or near forested areas most severely affected by infestations of bark beetles and other insects, and for other purposes."} | 1,368 | 157 | 0.646314 | 1.806697 | 0.682662 | 7.064748 | 8.388489 | 0.964029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacy Education Aid Act of
2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Pharmacists are an important link in our Nation's
health care system. A critical shortage of pharmacists is
threatening the ability of community pharmacies to continue to
provide important prescription related services.
(2) The Institute of Medicine (``IOM'') prepared a landmark
report on medical errors, including medication errors. In the
report, entitled ``To Err is Human: Building a Safer Health
System'', IOM indicated that medication errors can be partially
attributed to factors such as staff shortages; having too many
customers places great pressure on available staff, leading to
a lack of concentration.
(3) In section 5 of Public Law 106-129, the Congress
acknowledged a growing demand for pharmacists by requiring the
Secretary of Health and Human Services to conduct a study to
determine whether there is a shortage of pharmacists in the
United States and, if so, to what extent.
(4) The study required by Public Law 106-129 was conducted
by the Health Resources and Services Administration (``HRSA'').
The report from the study was submitted to the Congress in
December 2000, and is entitled ``The Pharmacist Workforce: A
Study in Supply and Demand for Pharmacists''.
(5) The findings described in the HRSA report include the
following:
(A) ``While the overall supply of pharmacists has
increased in the past decade, there has been an
unprecedented demand for pharmacists and for
pharmaceutical care services, which has not been met by
the currently available supply.''
(B) The ``evidence clearly indicates the emergence
of a shortage of pharmacists over the past two years.''
(C) ``The factors causing the current shortage are
of a nature not likely to abate in the near future
without fundamental changes in pharmacy practice and
education.''
(6) In the report, HRSA projects that the number of
prescriptions filled by community pharmacists will increase 20
percent by 2004. In contrast, the number of community
pharmacists is expected to increase only 6 percent by 2005.
(7) The demand for pharmacists will increase as
prescription drug use continues to grow.
(8) The Federal Government has a role and the
responsibility, through programs such as the National Health
Service Corps and programs under title VII of the Public Health
Service Act, to ensure access to pharmacists services. Although
the statutory provisions for the program for the National
Health Service Corps expressly reference physicians, dentists,
certified nurse midwives, certified nurse practitioners, and
physician assistants, there is no statutory reference to
pharmacists. The National Health Service Corps statute should
provide for the significant participation of pharmacists.
SEC. 3. INCLUSION OF PRACTICE OF PHARMACY IN PROGRAM FOR NATIONAL
HEALTH SERVICE CORPS.
(a) Inclusion in Corps Mission.--Section 331(a)(3) of the Public
Health Service Act (42 U.S.C. 254d(a)(3)) is amended--
(1) in subparagraph (D), by adding at the end the
following: ``Such term includes pharmacist services.''; and
(2) by adding at the end the following:
``(E)(i) The term `pharmacist services' includes
medication therapy management services.
``(ii) The term `medication therapy management
services', with respect to pharmacist services,
includes services to assure that medications are used
appropriately by patients; to enhance patients'
understanding of the appropriate use of medications; to
increase patients' adherence to prescription medication
regimens; to reduce the risk of adverse events
associated with medications; and to reduce the need for
other costly medical services through better management
of medication therapy. Such services may include case
management, disease management, drug therapy
management, patient training and education, counseling,
drug therapy problem resolution, medication
administration, the provision of special packaging, or
other services that enhance the use of prescription
medications.''.
(b) Scholarship Program.--Section 338A(a)(1) of the Public Health
Service Act (42 U.S.C. 254l(a)(1)) is amended by inserting
``pharmacists,'' after ``physicians,''.
(c) Loan Repayment Program.--Section 338B(a)(1) of the Public
Health Service Act (42 U.S.C. 254l-1(a)(1)) is amended by inserting
``pharmacists,'' after ``physicians,''.
(d) Funding.--Section 338H(b)(2) of the Public Health Service Act
(42 U.S.C. 254q(b)(2)) is amended--
(1) in subparagraph (A), by inserting before the period the
following: ``, which may include such contracts for individuals
who are in a course of study or program leading to a pharmacy
degree''; and
(2) by adding at the end the following subparagraph:
``(C) Scholarships for first-year study in
pharmacy.--Of the amounts appropriated under paragraph
(1) for a fiscal year, the Secretary shall obligate not
less than 10 percent for the purpose of providing
contracts for scholarships under this subpart to
individuals who are entering the first year of study in
a course of study or program leading to a pharmacy
degree. Amounts obligated under this subparagraph shall
be in addition to amounts obligated under subparagraph
(A).''.
SEC. 4. CERTAIN HEALTH PROFESSIONS PROGRAMS REGARDING PRACTICE OF
PHARMACY.
Part E of title VII of the Public Health Service Act (42 U.S.C.
294n et seq.) is amended by adding at the end the following subpart:
``Subpart 3--Certain Workforce Programs
``SEC. 771. PRACTICING-PHARMACIST WORKFORCE.
``(a) Recruiting and Retaining Students and Faculty.--
``(1) In general.--The Secretary may make awards of grants
or contracts to qualifying schools of pharmacy (as defined in
subsection (f)) for the purpose of carrying out programs for
recruiting and retaining students and teaching faculty for such
schools, including programs to provide scholarships for
attendance at such schools to full-time students who have
financial need for the scholarships and who demonstrate a
commitment to becoming practicing pharmacists or faculty
regarding the practice of pharmacy.
``(2) Preference in providing scholarships.--An award may
not be made under paragraph (1) unless the qualifying school of
pharmacy involved agrees that, in providing scholarships
pursuant to the award, the school will give preference to
students for whom the costs of attending the school would
constitute a severe financial hardship.
``(b) Loan Repayment Program Regarding Faculty Positions.--
``(1) In general.--The Secretary may establish a program of
entering into contracts with individuals described in paragraph
(2) under which the individuals agree to serve as members of
the faculties of qualifying schools of pharmacy in
consideration of the Federal Government agreeing to pay, for
each year of such service, not more than $20,000 of the
principal and interest of the educational loans of such
individuals.
``(2) Eligible individuals.--The individuals referred to in
paragraph (1) are individuals who--
``(A) have a doctoral degree in pharmacy or the
pharmaceutical sciences; or
``(B) are enrolled in a school of pharmacy and are
in the final academic year of such school in a program
leading to such a doctoral degree.
``(3) Requirements regarding faculty positions.--The
Secretary may not enter into a contract under paragraph (1)
unless--
``(A) the individual involved has entered into a
contract with a qualifying school of pharmacy to serve
as a member of the faculty of the school for not less
than 2 years;
``(B) the contract referred to in subparagraph (A)
provides that, in serving as a member of the faculty
pursuant to such subparagraph, the individual will--
``(i) serve full time; or
``(ii) serve as a member of the adjunct
clinical faculty and in so serving will
actively supervise pharmacy students for 25
academic weeks per year (or such greater number
of academic weeks as may be specified in the
contract); and
``(C) such contract provides that--
``(i) the school will, for each year for
which the individual will serve as a member of
the faculty under the contract with the school,
make payments of the principal and interest due
on the educational loans of the individual for
such year in an amount equal to the amount of
such payments made by the Secretary for the
year;
``(ii) the payments made by the school
pursuant to clause (i) on behalf of the
individual will be in addition to the pay that
the individual would otherwise receive for
serving as a member of such faculty; and
``(iii) the school, in making a
determination of the amount of compensation to
be provided by the school to the individual for
serving as a member of the faculty, will make
the determination without regard to the amount
of payments made (or to be made) to the
individual by the Federal Government under
paragraph (1).
``(4) Applicability of certain provisions.--The provisions
of sections 338C, 338G, and 338I shall apply to the program
established in paragraph (1) to the same extent and in the same
manner as such provisions apply to the National Health Service
Corps Loan Repayment Program established in subpart III of part
D of title III, including the applicability of provisions
regarding reimbursements for increased tax liability and
provisions regarding bankruptcy.
``(5) Waiver regarding school contributions.--The Secretary
may waive the requirement established in paragraph (3)(C) if
the Secretary determines that the requirement will impose an
undue financial hardship on the school involved.
``(c) Information Technology.--The Secretary may make awards of
grants or contracts to qualifying schools of pharmacy for the purpose
of assisting such schools in acquiring and installing computer-based
systems to provide pharmaceutical education. Education provided through
such systems may be graduate education, professional education, or
continuing education. The computer-based systems may be designed to
provide on-site education, or education at remote sites (commonly
referred to as distance learning), or both.
``(d) Facilities.--
``(1) In general.--The Secretary may make awards of grants
or contracts to qualifying schools of pharmacy for construction
projects to expand, remodel, renovate, or alter existing
facilities for such schools or to provide new facilities for
the schools.
``(2) Certain restrictions.--An award under paragraph (1)
may not be expended for the costs of acquiring land or for off-
site improvements.
``(3) Recapture of payments.--If, during the 20-year period
beginning on the date of the completion of construction
pursuant to paragraph (1)--
``(A) the school of pharmacy involved, or other
owner of the facility, ceases to be a public or
nonprofit private entity; or
``(B) the facility involved ceases to be used for
the purposes for which it was constructed (unless the
Secretary determines, in accordance with regulations,
that there is good cause for releasing the school or
other owner from such obligation);
the United States is entitled to recover from the school or
other owner of the facility the amount bearing the same ratio
to the current value (as determined by an agreement between the
parties or by action brought in the United States District
Court for the district in which such facility is situated) of
the facility as the amount of the Federal participation bore to
the cost of the construction of such facility.
``(e) Requirement Regarding Education in Practice of Pharmacy.--
With respect to the qualifying school of pharmacy involved, the
Secretary shall ensure that programs and activities carried out with
Federal funds provided under this section have the goal of educating
students to become licensed pharmacists, or the goal of providing for
faculty to educate students to become licensed pharmacists.
``(f) Qualifying School of Pharmacy.--For purposes of this section,
the term `qualifying school of pharmacy' means a school of pharmacy (as
defined in section 799B) that, in providing clinical experience for
students, requires that the students serve in a clinical rotation in
which pharmacist services (as defined in section 331(a)(3)(E)) are
provided at or for--
``(1) a medical facility that serves a substantial number
of individuals who reside in or are members of a medically
underserved community (as so defined);
``(2) an entity described in any of subparagraphs (A)
through (L) of section 340B(a)(4) (relating to the definition
of covered entity);
``(3) a health care facility of the Department of Veterans
Affairs or of any of the Armed Forces of the United States;
``(4) a health care facility of the Bureau of Prisons;
``(5) a health care facility operated by, or with funds
received from, the Indian Health Service; or
``(6) a disproportionate share hospital under section 1923
of the Social Security Act.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2002 through 2006.''. | Pharmacy Education Aid Act of 2001 - Amends the Public Health Act to include pharmacist services within the National Health Service Corps program of scholarships, including first-year pharmacy studies, loans, and funding.Authorizes the Secretary of Health and Human Services to award grants and contracts to qualifying pharmacy schools for: (1) student and faculty recruitment and retraining, with scholarship preference for students with financial need; (2) computer-based pharmaceutical education systems; and (3) facilities construction.Authorizes the Secretary to establish a loan repayment program for qualifying individuals who become pharmacy school faculty. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to health professions programs regarding the practice of pharmacy."} | 2,948 | 118 | 0.426727 | 1.129415 | 0.495383 | 2.198198 | 24.792793 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Information and Treatment
Access Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
TITLE I--FEDERAL INTERNET SITE FOR CONSOLIDATION AND TRANSLATION OF
INFORMATION ON DISEASES AND OTHER CONDITIONS
Sec. 101. Internet site.
TITLE II--ADDITIONAL FORUMS FOR EXCHANGE OF HEALTH INFORMATION
Sec. 201. Forum regarding off-label uses of new drugs and devices.
Sec. 202. John Eisenberg forum regarding surgical procedures.
Sec. 203. John Eisenberg forum regarding complementary and alternative
medicine; dietary supplements and food.
TITLE III--GENERAL PROVISIONS
Sec. 301. Definitions.
Sec. 302. Effective dates.
SEC. 3. FINDINGS.
The Congress finds as follows:
(1) The Congress and the American people desire to live
healthy lives and foster an effective and efficient health care
system. This system requires timely, accurate, and ever-
improving information resources. This will foster maximization
of health care outcomes and help health care practitioners and
patients partner for more effective results.
(2) The Internet is a unique tool offering access to great
volumes of information. Some is accurate and some is not. There
has also been extensive government investment in placing
medical information on the Internet in many diverse places.
(3) There is a need to consolidate and translate this
myriad of information for physicians and consumers, from the
listing of clinical trials to the protocols for treatment of
various diseases and conditions, as well as the integration of
new discoveries and the evaluations of outcomes-based
examinations of drugs and devices for conditions other than
those for which they are already approved. This will lead to
more accurate treatment, fewer medical errors, and more
successful outcomes, while also protecting patients, a
physician's right to practice medicine, and a patient's right
to access the health care the patient desires.
(4) The Food and Drug Administration is uniquely qualified
to assist the Nation in fulfilling this mission to improve
health care for the benefit of Americans. The Administration
already coordinates the information needs of many government
agencies and equivalent regulatory bodies in other countries.
(5) In providing Internet-based forums for obtaining and
disseminating health-related information (including information
on surgical procedures; complimentary and alternative medicine;
dietary supplements and food; and unapproved treatments), the
Food and Drug Administration should work closely with
educational institutions, schools of medicine, and other
appropriate private entities and ensure that the expertise of
such entities is appropriately utilized.
TITLE I--FEDERAL INTERNET SITE FOR CONSOLIDATION AND TRANSLATION OF
INFORMATION ON DISEASES AND OTHER CONDITIONS
SEC. 101. INTERNET SITE.
(a) In General.--The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall carry out a program
whose mission is, through an Internet site maintained for purposes of
the program--
(1) to consolidate and translate health care information
that is available to the public from Federal agencies, linking
the various health-related Internet sites of such agencies; and
(2) to assist in the translation and reporting of disease
or condition protocols for physicians and lay persons.
(b) Information on Diseases and Other Conditions.--The Secretary
shall ensure that the Internet site under subsection (a) has capacities
that enable a user of the site to enter the name of a disease or other
health condition and obtain Internet links appropriate to health care
providers, and links appropriate to lay persons, that provide--
(1) an explanation of the health condition; and
(2) information on all available treatment protocols,
including--
(A) standard medical practice protocols; and
(B) any clinical trials, and any outcomes-based
treatment protocols, that--
(i) are being conducted or supported by the
National Institutes of Health;
(ii) are included in the registry and
results data bank under section 402(j) of the
Public Health Service Act (42 U.S.C. 282(j));
(iii) are being conducted pursuant to the
Federal Food, Drug, and Cosmetic Act or section
351 of the Public Health Service Act;
(iv) are being conducted pursuant to
section 201 of this Act; or
(v) are identified pursuant to section 201
or 202 of this Act or pursuant to section
485D(i) of the Public Health Service Act (as
added by section 203 of this Act).
(c) Federal Databases.--Internet links under subsection (b) shall
include the following:
(1) Links that provide information on how to enroll in a
clinical trial referred to in subsection (b)(2)(B) and how to
be treated under an outcomes-based treatment protocol referred
to in such subsection.
(2) Links to Federal electronic databases that are
available to the public and provide disease-specific or
condition-specific information, including such databases of the
National Institutes of Health, the Centers for Disease Control
and Prevention, and the Food and Drug Administration.
(3) A link to the Internet site under section 204(a)
(relating to research and treatments carried out pursuant to
section 201, and the identity of the health care practitioners
involved).
(4) A link to the Internet sites under sections 201 and 202
of this Act and the Internet site under section 485D(i) of the
Public Health Service Act (as added by section 203 of this
Act).
(d) Date Certain for Operation of Program.--The Internet site under
subsection (a) shall be established and ready for use by health care
practitioners and lay persons not later than two years after the date
of the enactment of this Act.
TITLE II--ADDITIONAL FORUMS FOR EXCHANGE OF HEALTH INFORMATION
SEC. 201. FORUM REGARDING OFF-LABEL USES OF NEW DRUGS AND DEVICES.
(a) In General.--The Secretary, acting through the Commissioner of
Food and Drugs, shall (directly or through contract) establish a
program under which the following occur:
(1) Health care practitioners submit to the Secretary
information obtained in the course of their professional
practices regarding off-label uses of new drugs and devices.
(2) The Secretary maintains the information received under
paragraph (1); makes such information available to health care
practitioners and the general public through one or more
Internet sites; and receives, maintains, and makes available
through such site appropriate comments and information provided
in response to such information.
(3) The Secretary carries out paragraph (2) in a manner
reasonably calculated to provide a forum for obtaining and
disseminating information, including clinical data, toward the
following goals:
(A) Identifying off-label uses of new drugs and
devices that are reasonable candidates for approval
under section 505 or 515 of the Federal Food, Drug, and
Cosmetic Act or under section 351 of the Public Health
Service Act.
(B) Identifying off-label uses of new drugs and
devices that constitute a threat to the public health.
(C) Making available to the Secretary information
for uses with respect to promoting innovations in
evidence-based clinical practice and health care
technologies under title IX of the Public Health
Service Act.
(b) Voluntary Participation.--Subsection (a) may not be construed
as requiring that any health care practitioner or other person
participate in the program under such subsection.
(c) Certain Authorities.--The posting by the Secretary of
information on an Internet site under subsection (a) is subject to the
following:
(1) The Secretary may not post information submitted by a
health care practitioner unless the practitioner authorizes the
Secretary to include in the posting the identity and the
business address of the practitioner.
(2) The Secretary may impose reasonable restrictions on the
format and volume of information to be posted and on the
frequency of postings.
(d) Criteria.--Not later than one year after the date of the
enactment of this Act, the Secretary shall by regulation issue criteria
for carrying out this section.
SEC. 202. JOHN EISENBERG FORUM REGARDING SURGICAL PROCEDURES.
(a) In General.--The Secretary, acting through the Commissioner of
Food and Drugs, shall (directly or through contract) establish a
program under which the following occur:
(1) Health care practitioners submit to the Secretary
information obtained in the course of their professional
practices regarding surgical procedures.
(2) The Secretary maintains the information received under
paragraph (1); makes such information available to health care
practitioners and the general public through one or more
Internet sites; and receives, maintains, and makes available
through such site appropriate comments and information provided
in response to such information.
(3) The Secretary carries out paragraph (2) in a manner
reasonably calculated to provide a forum for obtaining and
disseminating information, including clinical data, toward the
following goals:
(A) Identifying innovative surgical procedures.
(B) Identifying surgical procedures that constitute
a threat to the public health.
(C) Making available to the Secretary information
for uses with respect to promoting innovations in
evidence-based clinical practice and health care
technologies under title IX of the Public Health
Service Act.
(b) Voluntary Participation.--Subsection (a) may not be construed
as requiring that any health care practitioner or other person
participate in the program under such subsection.
(c) Certain Authorities.--The posting by the Secretary of
information on an Internet site under subsection (a) is subject to the
following:
(1) The Secretary may not post information submitted by a
health care practitioner unless the practitioner authorizes the
Secretary to include in the posting the identity and the
business address of the practitioner.
(2) The Secretary may impose reasonable restrictions on the
format and volume of information to be posted and on the
frequency of postings.
(d) Criteria.--Not later than one year after the date of the
enactment of this Act, the Secretary shall by regulation issue criteria
for carrying out this section.
SEC. 203. JOHN EISENBERG FORUM REGARDING COMPLEMENTARY AND ALTERNATIVE
MEDICINE; DIETARY SUPPLEMENTS AND FOOD.
Section 485D of the Public Health Service Act is amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by adding after subsection (h) the following
subsection:
``(i) John Eisenberg Forum for Exchange of Information.--
``(1) In general.--The Director of the Center, in
consultation with the Commissioner of Food and Drugs, shall
(directly or through contract) establish a program under which
the following occur:
``(A) Health care practitioners submit to the
Director information obtained in the course of their
professional practices regarding complementary and
alternative treatment, diagnostic and prevention
modalities, disciplines and systems.
``(B) The Director maintains the information
received under subparagraph (A); makes such information
available to health care practitioners and the general
public through establishing one or more Internet sites;
and receives, maintains, and makes available through
such site appropriate comments and information provided
in response to such information.
``(C) The Director carries out subparagraph (B) in
a manner reasonably calculated to provide a forum for
obtaining and disseminating information, including
clinical data, toward the following goals:
``(i) Identifying alternative treatment,
diagnostic and prevention systems, modalities,
and disciplines that should be integrated with
the practice of conventional medicine as a
complement to such medicine and integrated into
health care delivery systems in the United
States.
``(ii) Identifying any alternative medical
practices or procedures that constitute a
threat to the public health.
``(iii) Making available to the
Commissioner of Food and Drugs information for
uses with respect to promoting innovations in
evidence-based clinical practice and health
care technologies under title IX of the Public
Health Service Act.
``(2) Dietary supplements and food.--In consultation with
the Commissioner of Food and Drugs, the Director of the Center
shall carry out the following:
``(A) Activities under paragraph (1) shall include
carrying out such paragraph with respect to information
that relates to the effects of dietary supplements and
food on diseases and disorders and is obtained by the
practitioners in the course of their professional
practices and submitted to the Director.
``(B) With respect to paragraph (1)(C) as applied
for purposes of this paragraph, the goals shall be the
following:
``(i) Identifying dietary supplements and
food and uses of such supplements and food that
are of clinical benefit in treating particular
diseases or disorders.
``(ii) As appropriate, providing for the
publication of authoritative statements, within
the meaning of section 403(r)(3)(C)(i) of the
Federal Food, Drug, and Cosmetic Act, about the
relationship between a nutrient and a disease
or health-related condition.
``(iii) Carrying out paragraph (1)(C)(iii)
with respect to dietary supplements.
``(3) Voluntary participation.--Paragraph (1) may not be
construed as requiring that any health care practitioner or
other person participate in the program under such paragraph.
``(4) Certain authorities.--The posting by the Director of
the Center of information on the Internet site under paragraph
(1) is subject to the following:
``(A) The Director may not post information
submitted by a health care practitioner unless the
practitioner authorizes the Director to include in the
posting the identity and the business address of the
practitioner.
``(B) The Director may impose reasonable
restrictions on the format and volume of information to
be posted and on the frequency of postings.
``(5) Criteria.--Not later than one year after the date of
the enactment of the Medical Information and Treatment Access
Act, the Secretary shall by regulation issue criteria for
carrying out this subsection.
``(6) Definitions.--For purposes of this subsection, the
terms `dietary supplement' and `food' have the meaning given
such terms in section 201 of the Federal Food, Drug, and
Cosmetic Act.''.
TITLE III--GENERAL PROVISIONS
SEC. 301. DEFINITIONS.
For purposes of this Act:
(1) The terms ``device'', ``labeling'', and ``new drug''
have the meanings given such terms in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301).
(2) The term ``off-label use'', with respect to a new drug
or a device, means a use not included in the labeling approved
for the drug or device pursuant to section 505, 510, or 515 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360c,
360e) or section 351 of the Public Health Service Act (42
U.S.C. 262).
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 302. EFFECTIVE DATES.
(a) In General.--Subject to subsection (b)--
(1) sections 201 and 202 take effect on the date on which a
final rule takes effect pursuant to sections 201(d) and 202(d),
respectively; and
(2) the amendment made by section 203 takes effect on the
date on which the final rule required under section 485D(i)(5)
of the Public Health Service Act (as added by such amendment)
takes effect.
(b) Issuance of Criteria.--Sections 201(d) and 202(d) of this Act
and section 485D(i)(5) of the Public Health Service Act (as added by
section 203 of this Act) take effect on the date of the enactment of
this Act. | Medical Information and Treatment Access Act - Requires the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to utilize an Internet site to: (1) consolidate and translate health care information that is available to the public from federal agencies, linking the various health-related Internet sites of such agencies; and (2) assist in the translation and reporting of disease or condition protocols for physicians and lay persons.
Requires the Secretary, acting through the Commissioner, to establish programs to gather information from health care practitioners and make such information publicly available regarding off-label uses of new drugs and surgical procedures.
Amends the Public Health Service Act to require the Director of the National Center for Complementary and Alternative Medicine to establish a program to gather information on alternative medicine from health care practitioners and make such information publicly available. Requires the Director of the Center to include information that relates to the effects of dietary supplements and food on diseases and disorders. | {"src": "billsum_train", "title": "To establish programs that use the Internet to provide to patients and health care practitioners coordinated information on diseases and other conditions, and for other purposes."} | 3,470 | 202 | 0.542775 | 1.58641 | 0.783303 | 5.31016 | 17.470588 | 0.946524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerating Innovation in Medicine
Act of 2017'' or the ``AIM Act of 2017''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Innovation in health care technology is necessary to
improve health outcomes and depends in part on the ability of
medical technology developers, including scientists,
physicians, engineers, and patient advocates, to introduce
medical devices into the marketplace.
(2) Even after meeting requirements for marketing set by
the Food and Drug Administration, there may be uncertainties
about patient access through government health care programs,
causing significant delays in bringing innovative medical
devices to patients or causing medical technology developers to
abandon potential health care solutions.
(3) Patients covered by the Medicare program are often
willing to enter into self-pay arrangements with physicians and
other providers to purchase items or services, yet under
current laws restricting such freedom of choice, the self-pay
arrangements may be associated with regulatory impediments or a
risk of civil penalties.
(4) Enabling health care technology manufacturers to
designate products to be directly available to self-pay
patients and excluded from government health program payments
at an early stage of product development will promote
innovation and result in increased patient access to desired
products and services, save taxpayer dollars, and reduce
administrative burdens on physicians and the government.
(5) Enabling health care technology manufacturers to
designate their devices as available to self-pay patients would
permit a window of time during which additional data may be
obtained on outcomes, comparative clinical effectiveness or
other data elements for possible future coverage by the
Medicare program.
SEC. 3. ESTABLISHMENT OF MANUFACTURER OPT-OUT PROGRAM FOR MEDICAL
DEVICES.
(a) In General.--Section 1862 of the Social Security Act (42 U.S.C.
1395y) is amended adding at the end the following new subsection:
``(p) Establishment of Accelerating Innovation in Medicine (AIM)
List of Medical Devices Voluntarily Excluded From Coverage.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this subsection, the Secretary shall develop
and maintain a listing (in this section referred to as the `AIM
list') of medical devices for which, because of their inclusion
in such listing, no insurance benefit and no payment may be
made for such a device (or for any items or services related to
furnishing such device) under this title either directly or on
a capitated basis such that no claim for payment may be
submitted under this title for such a device (or for any items
or services related to furnishing such device) and an
individual who consents to receive such a device is responsible
for payment for the device (and for any items and services
related to furnishing such device).
``(2) Procedures for inclusion in aim list.--
``(A) Requirement for written consent of
manufacturer.--No medical device may be included in the
AIM list without the written consent of the
manufacturer of the device.
``(B) Submission process.--A manufacturer seeking
to have a medical device included in the AIM list shall
submit to the Secretary a request for inclusion of the
device in the AIM list. In the case of such a device
for which--
``(i) there is a request for approval or
clearance for marketing and sale of the device
by the Food and Drug Administration pursuant to
authority granted by the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.),
including pursuant to section 510(k) or 515(c)
of such Act (21 U.S.C. 360(k), 360e(c)), the
request for inclusion of the device in the AIM
list may not be submitted earlier than the date
of the request for such approval or clearance
and no later than the first business day of the
month beginning at least 30 days after the date
of such approval or clearance; or
``(ii) the device is exempt from such
approval and clearance requirements, the
request may be submitted at a time that is not
later than the first business day of the month
beginning at least 30 days after the date of
the first sale of the device by its
manufacturer.
``(3) Listing periods; removal from list.--
``(A) 3-year listing periods.--A medical device
included in the AIM list shall be initially listed for
a period of 3 years and shall remain so listed for
subsequent 3-year periods subject to subparagraphs (B)
and (C).
``(B) Removal at request of manufacturer.--At any
time a device of a manufacturer included in the AIM
list shall be removed from the AIM list upon the
written request of the manufacturer. Subject to
subparagraph (C), such a device of a manufacturer may
not be removed from the AIM list except upon the
written request of the manufacturer.
``(C) Provision of data on clinical studies as a
condition for continued listing.--As a condition for
the continued inclusion of the device of a manufacturer
in the AIM list for a subsequent 3-year listing period
under subparagraph (A), the manufacturer shall provide
the Secretary with published or publicly available data
on clinical studies completed for the device at the end
of the previous 3-year listing period. If the Secretary
determines that a manufacturer of a device has
materially failed to provide such data for the device,
the Secretary may remove the device from the AIM list
or not renew the listing for the device or both.
``(4) Medical device defined.--In this subsection, the term
`medical device' has the meaning given the term `device' in
section 201(h) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(h)).
``(5) Posting of listed devices on website.--The Secretary
shall post on a public website of the Department of Health and
Human Services or other publicly accessible manner a list of
the medical devices included in the AIM list and shall provide
for updating the website on a real-time basis (but no less
frequently than monthly) to reflect changes in the medical
devices in the AIM list.
``(6) Regulations not required.--Nothing in this subsection
shall be construed as requiring the Secretary to promulgate
regulations to carry out this subsection.
``(7) Requirement for informed consent in order for
provider to charge for device.--If a physician or other entity
furnishes a medical device included in the AIM list to an
individual under this title and failed to obtain, before
furnishing the device, an appropriate informed consent under
which the individual is informed of and accepts liability under
paragraph (1) for payment for the device (and for items and
services related to furnishing such device), the physician or
other entity is deemed to have agreed not to impose any charge
under this title for such device (and for items and services
related to furnishing such device).''.
(b) Conforming Amendment.--Section 1862(a) of the Social Security
Act (42 U.S.C. 1395y(a)) is amended--
(1) in paragraph (24), by striking ``or'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (25) the following new
paragraph:
``(26) where such expenses are for a medical device
included in the AIM list under section 1862(p) (or for items
and services related to furnishing such device).''. | Accelerating Innovation in Medicine Act of 2017 or the AIM Act of 2017 This bill requires the Centers for Medicare & Medicaid Services (CMS) to develop, maintain, and make publicly available a list of medical devices that shall be voluntarily excluded from payment under the Medicare program. A Medicare beneficiary who consents to receive such a medical device shall be responsible for payment for the device. A manufacturer seeking to have a medical device included in the list must submit a request for inclusion to the CMS, in accordance with specified timelines. As a condition for a device's continued inclusion on the list, a manufacturer must provide the CMS with data on clinical studies completed with respect to the device. | {"src": "billsum_train", "title": "Accelerating Innovation in Medicine Act of 2017"} | 1,667 | 175 | 0.542558 | 1.730108 | 0.625445 | 2.472868 | 12.170543 | 0.829457 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Business Centers
Sustainability Act of 1999''.
SEC. 2. PRIVATE NONPROFIT ORGANIZATIONS.
Section 29 of the Small Business Act (15 U.S.C. 656) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) the term `private nonprofit organization' means an entity
that is described in section 501(c) of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of such Code;'';
and
(2) in subsection (b), by inserting ``nonprofit'' after
``private''.
SEC. 3. INCREASED MANAGEMENT OVERSIGHT AND REVIEW OF WOMEN'S BUSINESS
CENTERS.
Section 29 of the Small Business Act (15 U.S.C. 656) is amended--
(1) by striking subsection (h) and inserting the following:
``(h) Program Examination.--
``(1) In general.--The Administration shall--
``(A) develop and implement an annual programmatic and
financial examination of each women's business center
established pursuant to this section, pursuant to which each
such center shall provide to the Administration--
``(i) an itemized cost breakdown of actual expenditures
for costs incurred during the preceding year; and
``(ii) documentation regarding the amount of matching
assistance from non-Federal sources obtained and expended
by the center during the preceding year in order to meet
the requirements of subsection (c) and, with respect to any
in-kind contributions described in subsection (c)(2) that
were used to satisfy the requirements of subsection (c),
verification of the existence and valuation of those
contributions; and
``(B) analyze the results of each such examination and,
based on that analysis, make a determination regarding the
programmatic and financial viability of each women's business
center.
``(2) Conditions for continued funding.--In determining whether
to award a contract (as a sustainability grant) under subsection
(l) or to renew a contract (either as a grant or cooperative
agreement) under this section with a women's business center, the
Administration--
``(A) shall consider the results of the most recent
examination of the center under paragraph (1); and
``(B) may withhold such award or renewal, if the
Administration determines that--
``(i) the center has failed to provide any information
required to be provided under clause (i) or (ii) of
paragraph (1)(A), or the information provided by the center
is inadequate; or
``(ii) the center has failed to provide any information
required to be provided by the center for purposes of the
report of the Administration under subsection (j), or the
information provided by the center is inadequate.''; and
(2) by striking subsection (j) and inserting the following:
``(j) Management Report.--
``(1) In general.--The Administration shall prepare and submit
to the Committees on Small Business of the House of Representatives
and the Senate a report on the effectiveness of all projects
conducted under this section.
``(2) Contents.--Each report submitted under paragraph (1)
shall include information concerning, with respect to each women's
business center established pursuant to this section--
``(A) the number of individuals receiving assistance;
``(B) the number of startup business concerns formed;
``(C) the gross receipts of assisted concerns;
``(D) the employment increases or decreases of assisted
concerns;
``(E) to the maximum extent practicable, increases or
decreases in profits of assisted concerns; and
``(F) the most recent analysis, as required under
subsection (h)(1)(B), and the subsequent determination made by
the Administration under that subsection.''.
SEC. 4. WOMEN'S BUSINESS CENTERS SUSTAINABILITY PILOT PROGRAM.
(a) In General.--Section 29 of the Small Business Act (15 U.S.C.
656) is amended by adding at the end the following:
``(l) Sustainability Pilot Program.--
``(1) In general.--There is established a 4-year pilot program
under which the Administration is authorized to award grants
(referred to in this section as `sustainability grants') on a
competitive basis for an additional 5-year project under this
section to any private nonprofit organization (or a division
thereof)--
``(A) that has received financial assistance under this
section pursuant to a grant, contract, or cooperative
agreement; and
``(B) that--
``(i) is in the final year of a 5-year project; or
``(ii) has completed a project financed under this
section (or any predecessor to this section) and continues
to provide assistance to women entrepreneurs.
``(2) Conditions for participation.--In order to receive a
sustainability grant, an organization described in paragraph (1)
shall submit to the Administration an application, which shall
include--
``(A) a certification that the applicant--
``(i) is a private nonprofit organization;
``(ii) employs a full-time executive director or
program manager to manage the center; and
``(iii) as a condition of receiving a sustainability
grant, agrees--
``(I) to a site visit as part of the final
selection process and to an annual programmatic and
financial examination; and
``(II) to the maximum extent practicable, to remedy
any problems identified pursuant to that site visit or
examination;
``(B) information demonstrating that the applicant has the
ability and resources to meet the needs of the market to be
served by the women's business center site for which a
sustainability grant is sought, including the ability to
fundraise;
``(C) information relating to assistance provided by the
women's business center site for which a sustainability grant
is sought in the area in which the site is located, including--
``(i) the number of individuals assisted;
``(ii) the number of hours of counseling, training, and
workshops provided; and
``(iii) the number of startup business concerns formed;
``(D) information demonstrating the effective experience of
the applicant in--
``(i) conducting financial, management, and marketing
assistance programs, as described in paragraphs (1), (2),
and (3) of subsection (b), designed to impart or upgrade
the business skills of women business owners or potential
owners;
``(ii) providing training and services to a
representative number of women who are both socially and
economically disadvantaged;
``(iii) using resource partners of the Administration
and other entities, such as universities;
``(iv) complying with the cooperative agreement of the
applicant; and
``(v) the prudent management of finances and staffing,
including the manner in which the performance of the
applicant compared to the business plan of the applicant
and the manner in which grant funds awarded under
subsection (b) were used by the applicant; and
``(E) a 5-year plan that projects the ability of the
women's business center site for which a sustainability grant
is sought--
``(i) to serve women business owners or potential
owners in the future by improving fundraising and training
activities; and
``(ii) to provide training and services to a
representative number of women who are both socially and
economically disadvantaged.
``(3) Review of applications.--
``(A) In general.--The Administration shall--
``(i) review each application submitted under paragraph
(2) based on the information provided in subparagraphs (D)
and (E) of that paragraph, and the criteria set forth in
subsection (f);
``(ii) as part of the final selection process, conduct
a site visit at each women's business center for which a
sustainability grant is sought; and
``(iii) approve or disapprove applications for
sustainability grants simultaneously with applications for
grants under subsection (b).
``(B) Data collection.--Consistent with the annual report
to Congress under subsection (j), each women's business center
site that is awarded a sustainability grant shall, to the
maximum extent practicable, collect information relating to--
``(i) the number of individuals assisted;
``(ii) the number of hours of counseling and training
provided and workshops conducted;
``(iii) the number of startup business concerns formed;
``(iv) any available gross receipts of assisted
concerns; and
``(v) the number of jobs created, maintained, or lost
at assisted concerns.
``(C) Record retention.--The Administration shall maintain
a copy of each application submitted under this subsection for
not less than 10 years.
``(4) Non-federal contribution.--
``(A) In general.--Notwithstanding any other provision of
this section, as a condition of receiving a sustainability
grant, an organization described in paragraph (1) shall agree
to obtain, after its application has been approved under
paragraph (3) and notice of award has been issued, cash and in-
kind contributions from non-Federal sources for each year of
additional program participation in an amount equal to 1 non-
Federal dollar for each Federal dollar.
``(B) Form of non-federal contributions.--Not more than 50
percent of the non-Federal assistance obtained for purposes of
subparagraph (A) may be in the form of in-kind contributions
that are budget line items only, including office equipment and
office space.
``(5) Timing of requests for proposals.--In carrying out this
subsection, the Administration shall issue requests for proposals
for women's business centers applying for the pilot program under
this subsection simultaneously with requests for proposals for
grants under subsection (b).''.
(b) Authorization of Appropriations.--Section 29(k) of the Small
Business Act (15 U.S.C. 656(k)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--There is authorized to be appropriated, to
remain available until the expiration of the pilot program under
subsection (l)--
``(A) $12,000,000 for fiscal year 2000;
``(B) $12,800,000 for fiscal year 2001;
``(C) $13,700,000 for fiscal year 2002; and
``(D) $14,500,000 for fiscal year 2003.'';
(2) in paragraph (2)--
(A) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
amounts made''; and
(B) by adding at the end the following:
``(B) Exceptions.--Of the amount made available under this
subsection for a fiscal year, the following amounts shall be
available for selection panel costs, post-award conference
costs, and costs related to monitoring and oversight:
``(i) For fiscal year 2000, 2 percent.
``(ii) For fiscal year 2001, 1.9 percent.
``(iii) For fiscal year 2002, 1.9 percent.
``(iv) For fiscal year 2003, 1.6 percent.''; and
(3) by adding at the end the following:
``(4) Reservation of funds for sustainability pilot program.--
``(A) In general.--Subject to subparagraph (B), of the
total amount made available under this subsection for a fiscal
year, the following amounts shall be reserved for
sustainability grants under subsection (l):
``(i) For fiscal year 2000, 17 percent.
``(ii) For fiscal year 2001, 18.8 percent.
``(iii) For fiscal year 2002, 30.2 percent.
``(iv) For fiscal year 2003, 30.2 percent.
``(B) Use of unawarded funds for sustainability pilot
program grants.--If the amount reserved under subparagraph (A)
for any fiscal year is not fully awarded to private nonprofit
organizations described in subsection (l)(1)(B), the
Administration is authorized to use the unawarded amount to
fund additional women's business center sites or to increase
funding of existing women's business center sites under
subsection (b).''.
(c) Guidelines.--Not later than 30 days after the date of enactment
of this Act, the Administrator of the Small Business Administration
shall issue guidelines to implement the amendments made by this
section.
SEC. 5. SENSE OF THE SENATE REGARDING GOVERNMENT PROCUREMENT ACCESS FOR
WOMEN-OWNED SMALL BUSINESSES.
(a) Findings.--The Senate finds that--
(1) women-owned small businesses are a powerful force in the
economy;
(2) between 1987 and 1996--
(A) the number of women-owned small businesses in the
United States increased by 78 percent, almost twice the rate of
increase of all businesses in the United States;
(B) the number of women-owned small businesses increased in
every State;
(C) total sales by women-owned small businesses in the
United States increased by 236 percent;
(D) employment provided by women-owned small businesses in
the United States increased by 183 percent; and
(E) the rates of growth for women-owned small businesses in
the United States for the fastest growing industries were--
(i) 171 percent in construction;
(ii) 157 percent in wholesale trade;
(iii) 140 percent in transportation and communications;
(iv) 130 percent in agriculture; and
(v) 112 percent in manufacturing;
(3) approximately 8,000,000 women-owned small businesses in the
United States provide jobs for 15,500,000 individuals and generate
almost $1,400,000,000,000 in sales each year;
(4) the participation of women-owned small businesses in the
United States in the procurement market of the Federal Government
is limited;
(5) the Federal Government is the largest purchaser of goods
and services in the United States, spending more than
$200,000,000,000 each year;
(6) the majority of Federal Government purchases are for items
that cost $25,000 or less; and
(7) the rate of Federal procurement for women-owned small
businesses is 2.2 percent.
(b) Sense of the Senate.--It is the sense of the Senate that, not
later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States should--
(1) conduct an audit of the Federal procurement system
regarding Federal contracting involving women-owned small
businesses for the 3 preceding fiscal years;
(2) solicit from Federal employees involved in the Federal
procurement system any suggestions regarding how to increase the
number of Federal contracts awarded to women-owned small
businesses; and
(3) submit to Congress a report on the results of that audit,
which report shall include--
(A) an analysis of any identified trends in Federal
contracting with respect to women-owned small businesses;
(B) any recommended means to increase the number of Federal
contracts awarded to women-owned small businesses that the
Comptroller General considers to be appropriate, after taking
into consideration any suggestions received pursuant to a
solicitation described in paragraph (2), including any such
means that incorporate the concepts of teaming or partnering;
and
(C) a discussion of any barriers to the receipt of Federal
contracts by women-owned small businesses and other small
businesses that are created by legal or regulatory procurement
requirements or practices.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
October 1, 1999.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 3) Requires each business center established under the Act to provide to the SBA, as part of an annual SBA programmatic and financial examination of such center: (1) an itemized cost breakdown of actual expenditures; and (2) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by such center in order to meet matching-funds requirements. Directs the Administrator, after analyzing such information, to determine the programmatic and financial viability of each center. Authorizes the SBA to withhold grant extensions or renewals if the centers do not provide required information, if such information is inadequate, or if examination results are poor. Directs the SBA to report to the small business committees on the effectiveness of all women's business center projects conducted.
(Sec. 4) Establishes a four-year pilot program under which the SBA may award grants on a competitive basis for an additional five-year project to any private nonprofit organization that has received financial assistance under the Act and: (1) is in the final year of a five-year project; or (2) has completed a project financed under the Act and continues to provide assistance to women entrepreneurs. Outlines grant application requirements, including: (1) agreeing to a site visit and an annual programmatic and financial examination; (2) providing information demonstrating appropriate experience in providing assistance to women business owners or potential owners; and (3) providing a five-year plan to serve women business owners and to provide training and services to women who are both socially and economically disadvantaged. Requires participating organizations to: (1) collect and maintain information concerning the assistance provided; and (2) agree to obtain matching cash and in-kind contributions from non-Federal sources for each year of additional program participation.
Authorizes appropriations for FY 2000 through 2003 for the women's business center program, earmarking specified amounts for: (1) selection panel costs, certain post-award costs, and costs related to program monitoring and oversight; and (2) funding sustainability grants under the program (including provisions for the use of unobligated grant funds).
(Sec. 5) Expresses the sense of the Senate that the U.S. Comptroller General should: (1) audit the Federal procurement system regarding Federal contracting involving women-owned small businesses for the preceding three fiscal years; (2) solicit suggestions for increasing the number of Federal contracts awarded to women-owned small businesses; and (3) report to Congress on audit results. | {"src": "billsum_train", "title": "Women's Business Centers Sustainability Act of 1999"} | 3,463 | 534 | 0.644178 | 2.131335 | 0.776666 | 3.230453 | 6.851852 | 0.921811 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetically Engineered Food Right-
to-Know Act''.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to establish a consistent
and enforceable standard for labeling of foods produced using genetic
engineering, including fish, thereby providing consumers with knowledge
of how their food is produced.
(b) Findings.--Congress finds that--
(1) the process of genetically engineering food organisms
results in material changes to food derived from those
organisms;
(2) the Food and Drug Administration requires the labeling
of more than 3,000 ingredients, additives, and processes;
(3) individuals in the United States have a right to know
if their food was produced with genetic engineering for a
variety of reasons, including health, economic, environmental,
religious, and ethical;
(4) more than 60 countries, including the United Kingdom
and all other countries of the European Union, South Korea,
Japan, Brazil, Australia, India, China, and other key United
States trading partners have laws or regulations mandating
disclosure of genetically engineered food on food labels;
(5) in 2011, Codex Alimentarius, the food standards
organization of the United Nations, adopted a text that
indicates that governments can decide on whether and how to
label foods produced with genetic engineering; and
(6) mandatory identification of food produced with genetic
engineering can be a critical method of preserving the economic
value of exports or domestically sensitive markets with
labeling requirements for genetically engineered foods.
SEC. 3. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(z)(1) If it is a food that has been genetically engineered or
contains 1 or more genetically engineered ingredients, unless such
information is clearly disclosed, as determined by the Secretary.
``(2) This paragraph does not apply to food that--
``(A) is served in restaurants or other similar eating
establishments, such as cafeterias and carryouts;
``(B) is a medical food (as defined in section 5(b) of the
Orphan Drug Act);
``(C) is a food that would be subject to this paragraph
solely because it was produced using a genetically engineered
vaccine; or
``(D) is a food or processed food that would be subject to
this paragraph solely because it includes the use of a
genetically engineered processing aid (including yeast) or
enzyme.
``(3) In this paragraph:
``(A) The term `genetic engineering' means a process
involving the application of--
``(i) in vitro nucleic acid techniques, including
recombinant deoxyribonucleic acid (DNA) and direct
injection of nucleic acid into cells or organelles; or
``(ii) fusion of cells beyond the taxonomic family
that--
``(I) overcome natural physiological
reproductive or recombinant barriers; and
``(II) are not techniques used in
traditional breeding and selection.
``(B) The term `genetically engineered', used with respect
to a food, means a material intended for human consumption that
is--
``(i) an organism that is produced through the
intentional use of genetic engineering; or
``(ii) the progeny of intended sexual or asexual
reproduction (or both) of 1 or more organisms that is
the product of genetic engineering.
``(C) The term `genetically engineered ingredient' means a
material that is an ingredient in a food that is derived from
any part of an organism that has been genetically engineered,
without regard to whether--
``(i) the altered molecular or cellular
characteristics of the organism are detectable in the
material; and
``(ii) the organism is capable for use as human
food.''.
(b) Guaranty.--
(1) In general.--Section 303(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(d)) is amended--
(A) by striking ``(d)'' and inserting ``(d)(1)'';
and
(B) by adding at the end the following:
``(2)(A) No person shall be subject to the penalties of
subsection (a)(1) for a violation of subsection (a), (b), or
(c) of section 301 involving food that is misbranded within the
meaning of section 403(z) if such person (referred to in this
paragraph as the `recipient') establishes a guaranty or
undertaking that--
``(i) is signed by, and contains the name and
address of, a person residing in the United States from
whom the recipient received in good faith the food
(including the receipt of seeds to grow raw
agricultural commodities); and
``(ii) contains a statement to the effect that the
food is not genetically engineered or does not contain
a genetically engineered ingredient.
``(B) In the case of a recipient who, with respect to a
food, establishes a guaranty or undertaking in accordance with
subparagraph (A), the exclusion under such subparagraph from
being subject to penalties applies to the recipient without
regard to the manner in which the recipient uses the food,
including whether the recipient is--
``(i) processing the food;
``(ii) using the food as an ingredient in a food
product;
``(iii) repacking the food; or
``(iv) growing, raising, or otherwise producing the
food.
``(C) No person may avoid responsibility or liability for a
violation of subsection (a), (b), or (c) of section 301
involving food that is misbranded within the meaning of section
403(z) by entering into a contract or other agreement that
specifies that another person shall bear such responsibility or
liability, except that a recipient may require a guaranty or
undertaking as described in this subsection.
``(D) In this subsection, the terms `genetically
engineered' and `genetically engineered ingredient' have the
meanings given the terms in section 403(z).''.
(2) False guaranty.--Section 301(h) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by
inserting ``or 303(d)(2)'' after ``section 303(c)(2)''.
(c) Unintended Contamination.--Section 303(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333(d)), as amended by subsection
(b), is further amended by adding at the end the following:
``(3)(A) No person shall be subject to the penalties of
subsection (a)(1) for a violation of subsection (a), (b), or
(c) of section 301 involving food that is misbranded within the
meaning of section 403(z) if--
``(i) such person is an agricultural producer and
the violation occurs because food that is grown,
raised, or otherwise produced by such producer, which
food does not contain a genetically engineered material
and was not produced with a genetically engineered
material, is contaminated with a food that contains a
genetically engineered material or was produced with a
genetically engineered material; and
``(ii) such contamination is not intended by the
agricultural producer.
``(B) Subparagraph (A) does not apply to an agricultural
producer to the extent that the contamination occurs as a
result of the negligence of the producer.''.
(d) Promulgation of Regulations.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall promulgate proposed
regulations establishing labeling requirements for compliance in
accordance with section 403(z) of the Federal Food, Drug, and Cosmetic
Act, as added by subsection (a). | Genetically Engineered Food Right-to-Know Act - Amends the Federal Food, Drug, and Cosmetic Act to deem misbranded any food that has been genetically engineered or contains one or more genetically engineered ingredients, unless such information is clearly disclosed. Exempts from this requirement any food that: (1) is served in restaurants or other similar eating establishments, (2) is a medical food, (3) would be subject to such requirement solely because it was produced using a genetically engineered vaccine, or (4) would be subject to such requirement solely because it includes the use of a genetically engineered processing aid (including yeast) or enzyme. Defines "genetically engineered" as a material intended for human consumption that is: (1) an organism produced through the intentional use of genetic engineering, or (2) the progeny of intended sexual or asexual reproduction (or both) of one or more organisms that is the product of genetic engineering. Defines "genetically engineered ingredient" as an ingredient in a food that is derived from any part of an organism that has been genetically engineered, without regard to whether: (1) the altered molecular or cellular characteristics of the organism are detectable in the material, and (2) the organism is capable for use as human food. Excludes from penalties for misbranding of genetically engineered food or ingredients any recipient that establishes a guaranty or undertaking that: (1) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received the food in good faith (including the receipt of seeds to grow raw agricultural commodities); and (2) contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient. Applies this exclusion from penalties without regard to the manner in which the recipient uses the food. Excludes an agricultural producer also from such penalties when a violation occurs because food the producer has grown, raised, or otherwise produced, which neither contains nor was produced with a genetically engineered material, is subsequently contaminated with a food that does contain or was produced with a genetically engineered material, and the agricultural producer has not intended any such contamination nor was negligent in the matter. | {"src": "billsum_train", "title": "Genetically Engineered Food Right-to-Know Act"} | 1,866 | 504 | 0.635568 | 2.00422 | 0.772084 | 4.876168 | 3.841121 | 0.936916 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Market Transparency Reporting of
United States Transactions Act of 2007''.
SEC. 2. OVER-THE-COUNTER TRANSACTIONS IN NATURAL GAS.
(a) Definitions.--Section 1a of the Commodity Exchange Act (7
U.S.C. 1a) is amended by adding at the end the following:
``(34) Included natural gas transaction.--The term
`included natural gas transaction' means a contract, agreement,
or transaction in natural gas that is entered into--
``(A) in reliance on the provisions of subsection
(g) or (h) of section 2; or
``(B) by use of a domestic technology or software
providing direct access to a foreign board of trade.''.
(b) Reporting of Excluded Transactions in Natural Gas.--Section
2(g) of such Act (7 U.S.C. 2(g)) is amended--
(1) by striking ``or'' after ``5d,'';
(2) by inserting ``, or paragraphs (4) and (5) of this
subsection (with respect to any contract, agreement, or
transaction in natural gas))'' after ``12(e)(2)''; and
(3) by adding at the end the following:
``(4) It shall be a violation of this subsection for any
person to enter into any contract, agreement, or transaction in
natural gas relying on the exemption provided in this
subsection if the person, directly or indirectly, has, obtains,
owns, controls, or maintains a position in a contract,
agreement, or transaction in natural gas equal to or in excess
of such amount as the Commission from time to time shall fix,
unless the person files or causes to be filed with the properly
designated officer of the Commission such reports as the
Commission may require by rule, regulation, or order with
respect to any position in any contract, agreement, or
transaction in natural gas described in this section.
``(5) Any person entering into any contract, agreement, or
transaction relying on the exemption provided in this
subsection shall maintain books and records relating to each
such transaction, showing complete details of the transactions,
positions, inventories, and commitments, including the names
and addresses of all persons having any interest therein, for a
period of 5 years, in such form as the Commission shall require
by rule, regulation, or order. The books and records shall be
open for inspection by any representative of the Commission or
of the Department of Justice.''.
(c) Reporting of Exempt Transactions in Natural Gas.--Section 2(h)
of such Act (7 U.S.C. 2(h)) is amended--
(1) in paragraph (2)--
(A) by inserting ``and the persons that enter into
such a contract, agreement, or transaction'' after
``subsection'';
(B) by striking ``and'' at the end of subparagraph
(B);
(C) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(D) by adding at the end the following:
``(D) paragraphs (7) and (8) of this section.'';
(2) in paragraph (4)--
(A) by inserting ``and the persons that enter into
such a contract, agreement, or transaction'' after
``subsection'';
(B) by striking ``and'' at the end of subparagraph
(C);
(C) by redesignating subparagraph (D) as
subparagraph (E) and inserting after subparagraph (C)
the following:
``(D) paragraphs (7) and (8) of this section;
and''; and
(3) by adding at the end the following:
``(7) It shall be a violation of this subsection for any
person to enter into any contract, agreement, or transaction in
natural gas relying on the exemption provided in this
subsection if the person, directly or indirectly, has, obtains,
owns, controls, or maintains a position in a contract,
agreement, or transaction in natural gas equal to or in excess
of such amount as the Commission from time to time shall fix,
unless the person files or causes to be filed, or with respect
to a contract, agreement, or transaction entered into on an
electronic trading facility, the electronic trading facility
files or causes to be filed on such person's behalf, with the
properly designated officer of the Commission, such reports as
the Commission may require by rule, regulation, or order with
respect to any position in such contracts, agreements, or
transactions in natural gas described in this section.
``(8) Any person entering into any contract, agreement, or
transaction in natural gas relying on the exemption provided in
this subsection shall maintain books and records relating to
each such transaction and showing complete details of such
transactions, positions, inventories, and commitments,
including the names and addresses of all persons having any
interest therein, for a period of 5 years, in such form as the
Commission shall require by rule, regulation, or order. The
records shall be open for inspection by any representative of
the Commission or of the Department of Justice.''.
SEC. 3. AUTHORITY TO REQUIRE FILING OF REPORTS.
The Commodity Exchange Act (7 U.S.C. 1-25) is amended by inserting
after section 4p the following:
``SEC. 4Q. FILING OF REPORTS OF TRANSACTIONS IN NATURAL GAS.
``(a) In General.--The Commission shall establish a reporting
system with respect to large positions in included natural gas
transactions, as defined in section 1a(34), that a person may, directly
or indirectly, have, obtain, own, control, or maintain.
``(b) Required Information.--Such required reports with respect to
included natural gas transactions, as defined in section 1(a)(34),
shall be in sufficient detail and with sufficient frequency to enable
the Commission to assess the overall trading activities, potential
market power, and concentration of positions directly or indirectly
held, obtained, owned, controlled, or maintained by the largest traders
and to assess these factors in relation to the amount of potential
deliverable supplies in natural gas directly or indirectly held,
obtained, owned, controlled or maintained by the traders and shall
enable the Commission to aggregate the positions with respect to the
person's separately owned or controlled accounts.
``(c) Confidentiality of Information.--The reports with respect to
included natural gas transactions described in subsection (b) shall be
subject to section 8.
``(d) Market Transparency.--The Commission shall publish on a
regular basis a report or reports with respect to the information
reported to it with respect to included natural gas transactions. The
report or reports shall include on a summary basis information with
respect to aggregate reportable positions held by commercial persons
and noncommercial persons and may not reveal the specific identity or
size of positions of individual persons.
``(e) Required Rules.--The Commission shall issue rules,
regulations, or an order to implement this section within 270 days
after the date of the enactment of this section.''.
SEC. 4. CRIMINAL AND CIVIL PENALTIES.
(a) Civil Money Penalties.--Section 6(c) of the Commodity Exchange
Act (7 U.S.C. 9, 15) is amended in clause (3) of the 10th sentence, by
striking ``$100,000'' and inserting ``$500,000''.
(b) Increase in Penalties.--Section 6c(d)(1) of such Act (7 U.S.C.
13a-1(d)(1)) is amended by striking ``$100,000'' and inserting
``$500,000''.
(c) Criminal Penalties.--Section 9(a) of such Act (7 U.S.C. 13) is
amended in the matter preceding paragraph (1) by inserting after
``(or'' the following: ``for any violation other than manipulation or
attempted manipulation of the price of any commodity in interstate
commerce, or for future delivery on or subject to the rules of any
registered entity, or the cornering or attempt to corner any such
commodity or knowingly to deliver or cause to be delivered for
transmission through the mails or interstate commerce by telegraph,
telephone, wireless, or other means of communication false, misleading,
or knowingly inaccurate reports concerning crop or market information
or conditions that affect or tend to affect the price of any commodity
in interstate commerce''. | Market Transparency Reporting of United States Transactions Act of 2007 - Amends the Commodity Exchange Act to define "included natural gas transaction" as a contract, agreement, or transaction in natural gas that is entered into: (1) in reliance on the provisions regarding either excluded swap transactions or the legal certainty for certain transaction in exempt commodities; or (2) by use of a domestic technology or software providing direct access to a foreign board of trade. (Thus places natural gas transactions within the jurisdiction of the Commodity Futures Trading Commission (CFTC).)
Prescribes recordkeeping and disclosure requirements governing natural gas in swap transactions, positions, inventories and commitments otherwise excluded from CFTC jurisdiction ("over-the-counter transactions").
Requires the CFTC to: (1) establish a reporting system regarding large positions in included natural gas transactions; (2) publish on a regular basis the information reported to it regarding such transactions; and (3) promulgate rules or regulations to implement this Act.
Requires the CFTC reporting system to include aggregate reportable positions held by commercial and noncommercial persons.
Increases civil money penalties for violations of this Act. Revises criminal penalties. | {"src": "billsum_train", "title": "To enhance transparency of trading in over-the-counter derivatives in natural gas."} | 1,898 | 257 | 0.567924 | 1.652834 | 0.79383 | 3.075556 | 7.728889 | 0.835556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guaranteeing a United and Resolute
Defense Act of 2003''.
SEC. 2. ASSISTANCE FOR NATIONAL GUARD HOMELAND SECURITY ACTIVITIES.
(a) In General.--Title 32, United States Code, is amended by
inserting after section 112 the following new section:
``Sec. 112a. Homeland security activities
``(a) Funding Assistance.--The Secretary of Defense may provide
funds to the Governor of a State that has a homeland security
activities plan in effect that satisfies the requirements of subsection
(c). Such funds shall be used for the following:
``(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses, as authorized by
State law, of personnel of the National Guard of that State for
service performed for the purpose of homeland security while
not in Federal service.
``(2) The operation and maintenance of the equipment and
facilities of the National Guard of the State that are used for
the purpose of homeland security.
``(3) The procurement of services and the purchase or
leasing of equipment for the National Guard of that State for
use for the purpose of homeland security.
``(b) Use of Personnel Performing Full-Time National Guard Duty.--
(1) Under regulations prescribed by the Secretary of Defense, personnel
of the National Guard of a State may, in accordance with the State
homeland security activities plan, be ordered to perform full-time
National Guard duty under section 502(f) of this title for the purpose
of carrying out homeland security activities.
``(2)(A) A member of the National Guard serving on full-time
National Guard duty under orders authorized under paragraph (1) shall
participate in the training required under section 502(a) of this title
in addition to the duty performed for the purpose authorized under that
paragraph, and may participate in additional training for the purpose
of promoting military readiness, to include attendance at schools. The
pay, allowances, and other benefits of the member while participating
in such training shall be the same as those to which the member is
entitled while performing duty for the purpose of carrying out homeland
security activities. The member is not entitled to additional pay,
allowances, or other benefits for participating in such training while
serving on full-time National Guard duty under orders authorized under
paragraph (1).
``(B) Appropriations available for the Department of Defense for
homeland security activities may be used for paying costs associated
with a member's participation in training described in subparagraph
(A). The appropriation shall be reimbursed in full, out of
appropriations available for paying those costs, for the amounts paid.
Appropriations available for paying those costs shall be available for
making the reimbursements.
``(c) Homeland Security Activities Plan Requirements.--The homeland
security activities plan of a State--
``(1) shall specify how personnel and equipment of the
National Guard of the State are to be used in homeland security
activities and include a detailed explanation of the reasons
why the National Guard should be used for the specified
activities;
``(2) shall describe in detail how any available National
Guard training facilities, including any distance learning
programs and projects, are to be used;
``(3) shall include the Governor's certification that the
activities under the plan are to be conducted at a time when
the personnel involved are not in Federal service;
``(4) shall include the Governor's certification that
participation by National Guard personnel in the activities
under the plan is service in addition to training required under
section 502 of this title;
``(5) shall include a certification by the Attorney General
of the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general) that the use of the National Guard
of the State for the activities proposed under the plan is
authorized by, and is consistent with, State law;
``(6) shall include the Governor's certification that the
Governor or a civilian official of the State designated by the
Governor has determined that any activities to be carried out
in conjunction with Federal agencies under the plan are in
furtherance of the homeland security activities specified under
paragraph (1); and
``(7) may provide for the use of personnel and equipment of
the National Guard of that State to assist the Directorate of
Immigration Affairs of the Department of Homeland Security in
the transportation of aliens who have violated a Federal or
State law.
``(d) Relationship to State Drug Interdiction and Counter-Drug
Activities Plan.--A State drug interdiction and counter-drug activities
plan referred to in section 112 of this title may be included as an
annex to the State's homeland security activities plan. If included as
an annex and approved under section 112(d) of this title, the Governor
of the State may--
``(1) authorize the use of services, supplies, and
equipment procured under subsection (a)(3), and personnel
performing full-time National Guard duty under subsection (b),
to support drug interdiction and counter-drug activities
carried out under section 112 of this title, if the Governor
determines that such use is necessary to accomplish the
purposes of the State drug interdiction and counter-drug
activities plan and will not adversely affect the performance
of homeland security activities; and
``(2) authorize the use of services, supplies, and
equipment procured under section 112(a) of this title, and
personnel performing full-time National Guard duty under
section 112(b) of this title, to support homeland security
activities carried out under this section, if the Governor
determines that such use is necessary to accomplish the
purposes of the State homeland security activities plan and
will not adversely affect the performance drug interdiction and
counter-drug activities.
``(e) Examination and Approval of Plan.--The Secretary of Defense
shall examine the adequacy of each homeland security activities plan of
a State and, if the plan is determined adequate, approve the plan.
``(f) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report on the assistance provided under this section
during the preceding fiscal year, including the activities carried out
with such assistance. The report shall include the following:
``(1) A description of the homeland security activities
conducted under homeland security activities plans with funds
provided under this section.
``(2) An accounting of the funds provided to each State
under this section.
``(3) An analysis of the effects on military training and
readiness of using units and personnel of the National Guard to
perform activities under the homeland security activities
plans.
``(g) Statutory Construction.--Nothing in this section shall be
construed as limiting the authority of any unit of the National Guard
of a State, when such unit is not in Federal service, to perform law
enforcement functions authorized to be performed by the National Guard
by the laws of the State concerned.
``(h) Definitions.--In this section:
``(1) The term `Governor', in the case of the District of
Columbia, means the commanding general of the National Guard of
the District of Columbia.
``(2) The term `homeland security activities', with respect
to the National Guard of a State, means the use of National
Guard personnel, when authorized by the law of the State and
requested by the Governor of the State, to prevent, deter,
defend against, and respond to an attack or threat of attack on
the people and territory of the United States.
``(3) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, and the Virgin
Islands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of such title is amended by inserting after the item relating
to section 112 the following new item:
``112a. Homeland security activities.''.
SEC. 3. AUTHORITY FOR MEMBERS OF NATIONAL GUARD TO PARTICIPATE IN
ADDITIONAL MILITARY TRAINING WHILE ON ORDERS TO SUPPORT
COUNTER-DRUG ACTIVITIES.
Section 112(b)(2)(A) of title 32, United States Code, is amended--
(1) by inserting after the first sentence the following:
``The member may participate in additional training for the
purpose of promoting military readiness, to include attendance
at schools.''; and
(2) in the last sentence, by striking ``in training
required under section 502(a)(1) of this title'' and inserting
``in such training while serving on full-time National Guard
duty under orders authorized under paragraph (1)''. | Guaranteeing a United and Resolute Defense Act of 2003 - Authorizes the Secretary of Defense to provide funds to the governor of a State who submits, and receives approval of, a plan for the use of personnel and equipment of the State's National Guard in homeland security activities. Provides authorized uses of such funding, including: (1) pay, allowances, and clothing; (2) equipment and facilities operation and maintenance; and (3) procurement of related services. Authorizes State National Guard personnel to perform full-time National Guard duty to carry out homeland security activities under a State plan.
Allows a current State drug interdiction and counter-drug activities plan to be included as an annex to a State's homeland security activities plan.
Authorizes National Guard personnel, while on orders to support counter-drug activities, to participate in additional military training to promote military readiness, including attendance at schools. | {"src": "billsum_train", "title": "To amend title 32, United States Code, to provide assistance to States for the discharge of homeland security activities by the National Guard, and for other purposes."} | 1,879 | 195 | 0.63412 | 1.650715 | 0.815221 | 3.408046 | 10.436782 | 0.936782 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudbury, Assabet and Concord Wild
and Scenic Rivers Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Title VII of Public Law 101-628--
(A) designated a 29 mile segment of the Sudbury,
Assabet, and Concord Rivers for study of potential
addition to the National Wild and Scenic Rivers System,
and
(B) directed the Secretary of the Interior to
establish the Sudbury, Assabet, and Concord River Study
Committee (in this Act referred to as the ``Study
Committee'') to advise the Secretary of the Interior in
conducting the study and concerning management
alternatives should the river be included in the
National Wild and Scenic Rivers System.
(2) The study determined that all three segments of these
rivers are eligible for inclusion in the National Wild and
Scenic Rivers System based upon their free-flowing condition
and outstanding scenic, recreation, wildlife, literary, and
historic values.
(3) The towns that directly abut the segments, including
Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford,
Carlisle, and Billerica, Massachusetts, have each demonstrated
their desire for National Wild and Scenic River Designation
through town meeting votes endorsing designation.
(4) During the study, the Study Committee and the National
Park Service prepared a comprehensive management plan for the
segment, entitled ``Sudbury, Assabet and Concord Wild and
Scenic River Study, River Conservation Plan'', dated March 16,
1995, which establishes objectives, standards, and action
programs that will ensure long-term protection of the rivers'
outstanding values and compatible management of their land and
water resources.
(5) The Study Committee voted unanimously on February 23,
1995, to recommend that the Congress include these segments in
the National Wild and Scenic Rivers System for management in
accordance with the River Conservation Plan.
SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraphs:
``( ) Sudbury, assabet and concord rivers, massachusetts.--
``(A) In general.--The 29 miles of river segments
in Massachusetts consisting of the Sudbury River from
the Danforth Street Bridge in Framingham downstream to
its confluence with the Assabet River at Egg Rock; the
Assabet River from a point 1,000 feet downstream of the
Damondale Dam in Concord to its confluence with the
Sudbury River at Egg Rock; and the Concord River from
its origin at Egg Rock in Concord downstream to the
Route 3 bridge in Billerica (in this paragraph referred
to as the `segments'), as scenic and recreational river
segments. The segments shall be administered by the
SUASCO River Stewardship Council established under
subparagraph (B) in cooperation with the Secretary of
the Interior, through cooperative agreements under
section 10(e) between the Secretary and the
Commonwealth of Massachusetts and its relevant
political subdivisions (including the towns of
Framingham, Wayland, Sudbury, Lincoln, Concord,
Carlisle, Bedford, and Billerica), and shall be managed
in accordance with the plan entitled ``Sudbury, Assabet
and Concord Wild and Scenic River Study, River
Conservation Plan'' dated March 16, 1995 (in this
paragraph referred to as the `Plan'). The amount
expended by the Federal Government for any activity
implementing the Plan may not exceed 50 percent of the
cost of the activity. For purposes of the preceding
sentence, the cost of an activity includes the value of
in-kind contributions used to carry out the activity. The Plan is
deemed to satisfy the requirement for a comprehensive management plan
under section 3(d).
``(B) Management committee.--To assist in the long-
term protection of the segments and the implementation
of this paragraph and the Plan, the Secretary of the
Interior shall establish the SUASCO River Stewardship
Council (in this paragraph referred to as the
`Council') within 90 days after the date of enactment
of this paragraph. The membership, functions,
responsibilities, and administrative procedures of the
Council shall be as set forth in the Plan. The Council
shall not be considered to be a Federal advisory
committee, and shall not be subject to the provisions
of the Federal Advisory Committee Act (5 U.S.C. App.).
``(C) Federal role.--(i) The Director of the
National Park Service (in this paragraph referred to as
the `Director') or his or her designee shall represent
the Secretary in the implementation of the Plan and the
provisions of this Act with respect to the segments,
including the review of proposed federally assisted
water resources projects which could have a direct and
adverse effect on the values for which the segment is
established, as authorized under section 7(a).
``(ii) Pursuant to section 10(e) and section
11(b)(1), the Director shall offer to enter into
cooperative agreements with the Commonwealth of
Massachusetts, its relevant political subdivisions, the
Sudbury Valley Trustees, and the Organization for the
Assabet River. Such cooperative agreements shall be
consistent with the Plan and may include provisions for
financial or other assistance from the United States to
facilitate the long-term protection, conservation and
enhancement of the segment.
``(iii) The Director may provide technical
assistance, staff support, and funding to assist in the
implementation of the Plan, except that the total cost
to the Federal Government of activities to implement
the Plan may not exceed $100,000 each fiscal year.
``(iv) Notwithstanding the provisions of section
10(c), any portion of the segments not already within
the National Park System shall not under this
paragraph--
``(I) become a part of the National Park
System;
``(II) be managed by the National Park
System; or
``(III) be subject to regulations which
govern the National Park System.
``(D) Water resources projects.--(i) In determining
whether a proposed water resources project would have a
direct and adverse effect on the values for which the
segments were included in the National Wild and Scenic
Rivers System, the Secretary shall specifically
consider the extent to which the project is consistent
with the Plan.
``(ii) The Plan, including the detailed Water
Resources Study incorporated by reference therein and
such additional analysis as may be incorporated in the
future, shall serve as the primary source of
information regarding the flows needed to maintain
instream resources and potential compatibility between
resource protection and possible additional water
withdrawals.
``(E) Land management.--(i) The zoning bylaws of
the towns of Framingham, Sudbury, Wayland, Lincoln,
Concord, Carlisle, Bedford, and Billerica,
Massachusetts, as in effect on the date of enactment of
this paragraph, are deemed to satisfy the standards and
requirements under section 6(c). For the purpose of
section 6(c), the towns are deemed to be `villages' and
the provisions of that section which prohibit Federal
acquisition of lands shall apply.
``(ii) The United States Government shall not
acquire by any means title to land, easements, or other
interests in land along the segments or their
tributaries for the purposes of designation of the
segments under this paragraph. Nothing in this Act
shall prohibit Federal acquisition of interests in land
along the segments under other laws for other purposes.
``(F) Distinct lateral boundaries.--Notwithstanding
anything in section 3(b) of this Act to the contrary,
no distinct lateral boundary shall be established for
the segments, as set forth in the Plan.
``(G) Funding.--There are authorized to be
appropriated to the Secretary to carry out this
paragraph not to exceed $100,000 for each fiscal
year.''. | Sudbury, Assabet and Concord Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act (the Act) to designate segments of the Sudbury, Assabet, and Concord Rivers in Massachusetts as components of the National Wild and Scenic Rivers System.
Requires the segments to be managed: (1) by the SUASCO River Stewardship Council (established by the Secretary of the Interior under this Act) in cooperation with the Secretary through cooperative agreements between the Secretary and the Commonwealth of Massachusetts and its relevant political subdivisions; and (2) in accordance with the Sudbury, Assabet, and Concord Wild and Scenic River Study, River Conservation Plan. Limits Federal funds to 50 percent of the costs of any activity implementing the Plan. Deems the Plan to satisfy the requirement for a comprehensive management plan pursuant to the Act.
Requires the Director of the National Park Service to represent the Secretary in the implementation of the Plan Authorizes appropriations. | {"src": "billsum_train", "title": "Sudbury, Assabet and Concord Wild and Scenic Rivers Act"} | 1,766 | 225 | 0.682036 | 2.014515 | 0.768277 | 4.088889 | 9.011111 | 0.922222 |
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Runaway and
Homeless Youth Amendments of 1996''.
(b) Except where otherwise specifically provided, references in
this Act shall be considered to be made to the Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.), or to a section or other provision
thereof.
SEC. 2. SHORT TITLE OF ACT; FINDINGS.
(a) Short Title.--Section 301 (42 U.S.C. 5701 note) is amended by
striking ``Runaway and Homeless Youth Act'' and inserting
``Comprehensive Runaway and Homeless Youth Services Act''.
(b) Findings.--Section 302 (42 U.S.C. 5701) is amended--
(1) in paragraph (5), by striking ``accurate reporting of
the problem nationally'' and inserting ``an accurate national
reporting system'';
(2) by striking paragraph (8) and inserting a new paragraph
reading as follows:
``(8) because runaway and homeless youth have a high
incidence of alcohol and other drug abuse problems and often
less opportunity for intervention, drug abuse prevention and
education services need to be provided;'';
(3) in paragraph (10), by striking ``who require
assistance'' and all that follows and inserting instead ``(many
of whom have been or are at risk of being subjected to sexual
abuse) who need but would not otherwise avail themselves of
assistance; and''; and
(4)(A) by striking ``and'' at the end of paragraph (9); and
(B) by adding at the end the following new paragraph:
``(11) services for this population are needed in urban,
suburban, and rural areas.''.
SEC. 3. COMPREHENSIVE GRANT PROGRAM.
(a) General Program Authority.--
(1) The caption of section 311 (42 U.S.C. 5711) is amended
by inserting ``COMPREHENSIVE'' before ``RUNAWAY''.
(2) Section 311(a) (42 U.S.C. 5711(a)) is amended by
striking ``local runaway and homeless youth centers'' and
inserting ``comprehensive local runaway and homeless youth
services programs''.
(b) Distribution of Grant Funds.--Section 311(b) is amended by
striking paragraph (4) and inserting the following new paragraph:
``(4) In selecting among applicants for grants under
subsection (a), the Secretary shall ensure that at least 20
percent of the total amount available for such grants for each
fiscal year shall be used for long-term residential care for older
homeless youth through the provision of transitional living
services.''.
(c) Repeal of Separate Authorities for Street-Based and Home-Based
Services.--Subsections (c) and (d) of section 311 (42 U.S.C. 5711) are
repealed.
SEC. 4. ELIGIBILITY; PLAN REQUIREMENTS.
(a) Program Elements of Eligible Service Programs.--Section 312(a)
(42 U.S.C. 5712(a)) is amended to read as follows:
``(a) Service Programs Eligible for Grants.--
``(1) In general.--To be eligible for assistance under
section 311(a), an applicant shall propose to establish,
strengthen, or fund an existing or proposed locally controlled
comprehensive runaway and homeless youth services program that
includes at least one of the following:
``(A) Short-term services including--
``(i) emergency shelter for runaway and
homeless youth; and
(ii) at the grantee's option, non-
residential prevention services on a drop-in
basis for youth who are--
``(I) contemplating running away from
home;
``(II) currently living on the
streets; or
``(III) receiving after-care
services.
``(B) Long-term residential services for homeless
youth.
``(2) Location.--A program eligible for assistance under
this part may be located in any urban, suburban, or rural area
where a need for runaway and homeless youth services is
demonstrated. A program may be shelter-based, use group homes
or host homes, operate street-based services, or employ any
combination of these options, as appropriate for the population
being served.
``(b) Youth Eligible for Services.--Youth eligible to receive
services from programs assisted under this part are individuals age 21
or younger.
(b) General Plan Requirements.--Section 312(b) (42 U.S.C. 5712(b))
is amended--
(1) in the matter preceding paragraph (1), by striking
``section 311(a)'' and inserting ``this part'';
(2) in paragraph (2)--
(A) by striking ``runaway and homeless youth
center'' and inserting ``comprehensive runaway and
homeless youth services program''; and
(B) by striking ``temporary'';
(3) by striking paragraphs (1) and (3), and redesignating
paragraphs (2) and (4) as paragraphs (1) and (2);
(4) by adding after paragraph (2), as redesignated, the
following new paragraphs:
``(3)(A) shall provide, directly or through referral,
alcohol and drug abuse prevention and education activities and
services; and
``(B) shall, to the extent feasible and necessary,
make referrals for alcohol and drug abuse treatment
services;
``(4) shall to the extent feasible provide, or make
referrals to providers of, other appropriate services including
medical, educational, social, recreational, and transportation
services;''; and
(5) in paragraph (5), by striking all that follows ``to
such youth'' and inserting a semicolon;
(6) in each of paragraphs (8) and (10), by striking
``center'' and inserting ``program''.
(c) Repeal of Provisions Relating to Separate Street-Based and
Home-Based Programs.--Subsections (c) and (d) of section 312 (42 U.S.C.
5712) are repealed.
(d) Plan Requirements for Program Providing Short-Term Emergency
Shelter.--Section 312 (42 U.S.C. 5712) is amended by adding at the end
the following new subsection:
``(c) In order to qualify for assistance under this part, an
applicant proposing to provide the short-term services described in
subsection (a)(1)(A) shall submit a plan to the Secretary including
assurances that the applicant--
``(1) shall operate a runaway and homeless youth center
which is located in an area demonstrably frequented by
or easily reachable by runaway and homeless youth, and at which runaway
and homeless youth can receive services;
``(2) shall develop adequate plans, in accordance with the
best interests of the youth, for contacting the parents, legal
guardians, or other relatives of the youth and ensuring the
safe return of the youth, or for providing for other
appropriate alternative living arrangements; and
``(3) shall develop an adequate plan for encouraging the
involvement of parents or legal guardians in counseling, and
for ensuring, to the extent possible, that aftercare services
will be provided to all youth served, including those who are
returned beyond the State in which the program is located.''.
(e) Plan Requirements for Program Providing Long-Term Residential
Services.--Section 322(a) (42 U.S.C. 5722(a)) is relocated and
redesignated as subsection (d) of section 312 (42 U.S.C. 5712), and is
amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``shall propose'' and inserting
``proposing''; and
(B) by striking ``a transitional living youth
project for homeless youth and'' and inserting ``long-
term residential services for older homeless youth in
accordance with subsection (a)(1)(R)'';
(2) by striking paragraphs (4) and (5), redesignating
paragraph (6) as paragraph (4), and striking paragraphs (7)
through (14); and
(3) by striking the semicolon at the end of paragraph (4),
as redesignated, and inserting a period.
SEC. 5. APPROVAL BY SECRETARY.
Section 313 (42 U.S.C. 5713) is amended--
(1) in the first sentence--
(A) by striking ``section 311 (a), (c), or (d)''
the first place it appears and inserting ``this part'';
and
(B) by striking ``section 311 (a), (c), or (d)''
the second place it appears and inserting ``section
311'';
(2) by striking the second sentence; and
(3) in the third sentence--
(A) by striking ``of service''; and
(B) by inserting before the period ``of the type of
services which such organizations propose to provide''.
SEC. 6. EVALUATION AUTHORITY.
Section 343 (42 U.S.C. 5714-23) is amended--
(1) in the caption, by inserting ``EVALUATION,'' after
``DEMONSTRATION,''; and
(2) in subsection (a), by inserting ``evaluation,'' after
``demonstration,''.
SEC. 7. REPEAL OF EXECUTED DEMONSTRATION AUTHORITY.
Section 344 (42 U.S.C. 5714-24) is repealed.
SEC. 8. TECHNICAL ASSISTANCE TO POTENTIAL GRANTEES.
Section 371 (42 U.S.C. 5714a) is amended by striking all that
follows the first sentence.
SEC. 9. LEASE OF SURPLUS FEDERAL FACILITIES.
Section 372 (42 U.S.C. 5714b) is repealed.
SEC. 10. REPORTS.
(a) Reporting Timetable.--Section 381(a) (42 U.S.C. 5715(a)) is
amended in the matter preceding paragraph (1) by striking ``each fiscal
year'' and inserting ``fiscal year 1997 and each second fiscal year
thereafter''.
(b) Federal Evaluation.--Section 381(b)(1) (42 U.S.C. 5715(b)(1))
is amended to read as follows:
``(1) The Secretary shall develop and implement a system
that provides information on the quality and quantity of
services being provided by comprehensive runaway and homeless
youth services programs. Recipients of grants under this part
shall cooperate with Federal data collection efforts and with
triennial on-site monitoring activities.''.
(c) Conforming Amendments.--Section 381(a) (42 U.S.C. 5715(a)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``runaway and homeless youth centers that are funded under
parts A, B, C, D, and E'' and inserting ``programs funded under
this title'';
(2) in paragraph (1), by striking ``centers funded under
part A'' and inserting ``short-term services programs described
in section 312(a)(1)(A)''; and
(3) in paragraph (2), by striking ``centers funded under
part B'' and inserting ``long-term residential service programs
described in section 312(a)(1)(B)''.
SEC. 11. REPEAL OF ANNUAL PRIORITIES REQUIREMENT.
Section 384 (42 U.S.C. 5732) is repealed.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) Appropriations Authorized.--Section 385(a)(1) (42 U.S.C.
5751(a)(1)) is amended by striking all that follows ``to carry out this
title'' and inserting ``$69 million for fiscal year 1997, and such sums
as necessary for each of fiscal years 1998 through 2001.''.
(b) Funds for Runaway Hotline.--Section 385(a)(3) (42 U.S.C.
5751(a)(3)) is amended--
(1) by inserting ``such sums as necessary'' after ``shall
reserve''; and
(2) by striking all that follows ``section 331'' and
inserting a period.
(b) Elimination of Separate Earmarks.--Paragraphs (4) and (5) of
subsection (a), and subsections (b) and (c), of section 385 (42 U.S.C.
5751) are repealed.
(c) Subsections (d) and (e) are redesignated as subsections (b) and
(c).
SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 311(b)(2) (42 U.S.C. 5711(b)(2)) is amended by striking
``the Trust Territory of the Pacific Islands,''.
(b) Section 314 (42 U.S.C. 5714) is amended by striking ``runaway
and homeless youth center'' and inserting ``comprehensive runaway and
homeless youth services program''.
(c) Part B (42 U.S.C. 5714-1 et seq.) is repealed.
(d) Section 343(b)(7) (42 U.S.C. 5714-23(b)(7)) is amended by
striking ``runaway and homeless youth centers'' and inserting
``comprehensive runaway and homeless youth services programs''.
(e) Section 371 is amended, in the matter preceding paragraph (1),
by striking ``runaway and homeless youth centers and transitional
living youth projects'' and inserting ``runaway and homeless youth
services programs under section 312''.
(f) Section 385(b) (42 U.S.C. 5751(b)), as redesignated by section
10 of this Act, is amended by striking ``Office of Youth Development''
and inserting ``Administration for Children and Families''. | Runaway and Homeless Youth Amendments of 1996 - Renames the Runaway and Homeless Youth Act the Comprehensive Runaway and Homeless Youth Services Act (the Act). Revises findings of the Act, including by specifying that services for runaway and homeless youth are needed in urban, suburban, and rural areas.
Modifies the Act to require: (1) the Secretary of Health and Human Services to make grants to entities to establish and operate comprehensive local runaway and homeless youth services programs and, in selecting among grant applicants, to ensure that at least 20 percent of the total amount available for such grants for each fiscal year be used for long-term residential care for older homeless youth through the provision of transitional living services; and (2) an applicant, to be eligible for such assistance, to propose to establish, strengthen, or fund an existing or proposed locally controlled comprehensive runaway and homeless youth services program that meets specified requirements.
Permits a program eligible for assistance to be located in any urban, suburban, or rural area where a need for runaway and homeless youth is demonstrated. Specifies that youth eligible to receive services from such programs are individuals age 21 or younger.
Modifies general plan requirements to require that applicants, to be eligible for assistance, provide or make referrals regarding: (1) alcohol and drug abuse prevention and education activities and services; and (2) appropriate medical, educational, social, recreational, and transportation services.
Sets forth or modifies provisions concerning plan requirements for programs providing short-term emergency shelter and long-term residential services, approval of applications by the Secretary, evaluation authority, reporting requirements, and the authorization of appropriations. Directs the Secretary to develop and implement a system that provides information on the quality and quantity of services being provided by comprehensive runaway and homeless youth services programs. Requires grant recipients to cooperate with Federal data collection efforts and with triennial on-site monitoring activities.
Repeals provisions regarding: (1) authority under the Act for street-based and home-based services; (2) temporary demonstration projects to provide services to youth in rural areas; (3) specified requirements regarding informational assistance to potential grantees; and (4) annual program priorities. | {"src": "billsum_train", "title": "Runaway and Homeless Youth Amendments of 1996"} | 3,283 | 451 | 0.589957 | 1.783315 | 0.813787 | 4.330254 | 6.323326 | 0.926097 |
SECTION 1. TREATMENT OF ADVANCE REFUNDING BONDS.
(a) In General.--Section 149(d) of the Internal Revenue Code of
1986 is amended--
(1) in paragraph (1), by striking ``to advance refund
another bond'' and inserting ``as part of an issue described in
paragraph (2), (3), or (4)'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(6) and (7), respectively; and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) Certain private activity bonds.--An issue is
described in this paragraph if any bond (issued as part of such
issue) is issued to advance refund a private activity bond
(other than a qualified 501(c)(3) bond).
``(3) Other bonds.--
``(A) In general.--An issue is described in this
paragraph if any bond (issued as part of such issue),
hereinafter in this paragraph referred to as the
`refunding bond', is issued to advance refund a bond
unless--
``(i) the refunding bond is only--
``(I) the 1st advance refunding of
the original bond if the original bond
is issued after 1985, or
``(II) the 1st or 2nd advance
refunding of the original bond if the
original bond was issued before 1986,
``(ii) in the case of refunded bonds issued
before 1986, the refunded bond is redeemed not
later than the earliest date on which such bond
may be redeemed at par or at a premium of 3
percent or less,
``(iii) in the case of refunded bonds
issued after 1985, the refunded bond is
redeemed not later than the earliest date on
which such bond may be redeemed,
``(iv) the initial temporary period under
section 148(c) ends--
``(I) with respect to the proceeds
of the refunding bond not later than 30
days after the date of issue of such
bond, and
``(II) with respect to the proceeds
of the refunded bond on the date of
issue of the refunding bond, and
``(v) in the case of refunded bonds to
which section 148(e) did not apply, on and
after the date of issue of the refunding bond,
the amount of proceeds of the refunded bond
invested in higher yielding investments (as
defined in section 148(b)) which are nonpurpose
investments (as defined in section
148(f)(6)(A)) does not exceed--
``(I) the amount so invested as
part of a reasonably required reserve
or replacement fund or during an
allowable temporary period, and
``(II) the amount which is equal to
the lesser of 5 percent of the proceeds
of the issue of which the refunded bond
is a part or $100,000 (to the extent
such amount is allocable to the
refunded bond).
``(B) Special rules for redemptions.--
``(i) Issuer must redeem only if debt
service savings.--Clause (ii) and (iii) of
subparagraph (A) shall apply only if the issuer
may realize present value debt service savings
(determined without regard to administrative
expenses) in connection with the issue of which
the refunding bond is a part.
``(ii) Redemptions not required before 90th
day.--For purposes of clauses (ii) and (iii) of
subparagraph (A), the earliest date referred to
in such clauses shall not be earlier than the
90th day after the date of issuance of the
refunding bond.
``(4) Abusive transactions prohibited.--An issue is
described in this paragraph if any bond (issued as part of such
issue) is issued to advance refund another bond and a device is
employed in connection with the issuance of such issue to
obtain a material financial advantage (based on arbitrage)
apart from savings attributable to lower interest rates.
``(5) Special rules for purposes of paragraph (3).--For
purposes of paragraph (3), bonds issued before the date of the
enactment of this subsection shall be taken into account under
subparagraph (A)(i) thereof except--
``(A) a refunding which occurred before 1986 shall
be treated as an advance refunding only if the
refunding bond was issued more than 180 days before the
redemption of the refunded bond, and
``(B) a bond issued before 1986, shall be treated
as advance refunded no more than once before March 15,
1986.''.
(b) Conforming Amendment.--Section 148(f)(4)(C) of such Code is
amended by redesignating clauses (xiv) through (xvi) as clauses (xv)
through (xvii) and by inserting after clause (xiii) the following new
clause:
``(xiv) Determination of initial temporary
period.--For purposes of this subparagraph, the
end of the initial temporary period shall be
determined without regard to section
149(d)(3)(A)(iv).''.
(c) Effective Date.--The amendments made by this section shall
apply to advance refunding bonds issued after the date of the enactment
of this Act. | This bill amends the Internal Revenue Code, with respect to the requirements for tax-exempt bonds, to reinstate the exclusion from gross income for interest on certain bonds issued to advance refund another bond. The exclusion was repealed for bonds issued after 2017. (A refunding bond is a bond used to pay principal, interest, or the redemption price on a prior bond issue. An advance refunding bond is issued more than 90 days before the redemption of the refunded bond.) | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reinstate advance refunding bonds."} | 1,201 | 103 | 0.594269 | 1.582375 | 0.760699 | 1.956522 | 11.543478 | 0.782609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lewis and Clark National Historical
Park Act of 2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the Lewis and Clark
National Historical Park to--
(1) preserve for the benefit of the people of the United
States the historic, cultural, scenic, and natural resources
associated with the arrival of the Lewis and Clark Expedition
in the lower Columbia River area; and
(2) commemorate the winter encampment of the Lewis and
Clark Expedition in the winter of 1805-1806 following the
successful crossing of the North American Continent.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Lewis
and Clark National Historical Park, Boundary Map'', numbered
405/80027, and dated December, 2003.
(2) Memorial.--The term ``Memorial'' means the Fort Clatsop
National Memorial established under section 1 of Public Law 85-
435 (16 U.S.C. 450mm).
(3) Park.--The term ``Park'' means the Lewis and Clark
National Historical Park established by section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. LEWIS AND CLARK NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established as a unit of the National
Park System the Lewis and Clark National Historical Park in the States
of Washington and Oregon, as depicted on the map.
(b) Components.--The Park shall consist of--
(1) the Memorial, including--
(A) the site of the salt cairn (lot number 18,
block 1, Cartwright Park Addition of Seaside, Oregon)
used by the Lewis and Clark Expedition; and
(B) portions of the trail used by the Lewis and
Clark Expedition that led overland from Fort Clatsop to
the Pacific Ocean;
(2) the parcels of land identified on the map as ``Fort
Clatsop 2002 Addition Lands''; and
(3) the parcels of land located along the lower Columbia
River in the State of Washington that are associated with the
arrival of the Lewis and Clark Expedition at the Pacific Ocean
in 1805 and that are identified on the map as--
(A) ``Station Camp'';
(B) ``Clark's Dismal Nitch''; and
(C) ``Cape Disappointment''.
(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 of Land.--
(1) In general.--The Secretary may acquire land, an
interest in land, and any improvements to land located within
the boundary of the Park.
(2) Means.--Subject to paragraph (3), an acquisition of
land under paragraph (1) may be made by donation, purchase with
donated or appropriated funds, exchange, transfer from any
Federal agency, or by any other means that the Secretary
determines to be in the public interest.
(3) Consent of owner.--
(A) In general.--Except as provided in subparagraph
(B), no land, interest in land, or improvement to land
to may be acquired under paragraph (1) without the
consent of the owner.
(B) Exception.--The corporately-owned timberland in
the area described in subsection (b)(2) may be acquired
without the consent of the owner.
(4) Memorandum of understanding.--If the owner of the
timberland described in paragraph (2)(B) agrees to sell the
timberland to the Secretary either as a result of a
condemnation proceeding or without any condemnation proceeding,
the Secretary shall enter into a memorandum of understanding
with the owner with respect to the manner in which the
timberland is to be managed after acquisition of the timberland
by the Secretary.
(5) Cape disappointment.--
(A) Transfer.--
(i) In general.--Subject to valid rights
(including withdrawals), the Secretary shall
transfer to the Director of the National Park
Service management of any Federal land at Cape
Disappointment, Washington, that is within the
boundary of the Park.
(ii) Withdrawn land.--
(I) Notice.--The head of any
Federal agency that has administrative
jurisdiction over withdrawn land at
Cape Disappointment, Washington, within
the boundary of the Park shall notify
the Secretary in writing if the head of
the Federal agency does not need the
withdrawn land.
(II) Transfer.--On receipt of a
notice under subclause (I), the
withdrawn land shall be transferred to
the administrative jurisdiction of the
Secretary, to be administered as part
of the Park.
(B) Memorial to thomas jefferson.--
(i) In general.--All withdrawals of the 20-
acre parcel depicted on the map as ``Memorial
to Thomas Jefferson'' are revoked.
(ii) Establishment.--The Secretary shall
establish a memorial to Thomas Jefferson on the
parcel referred to in clause (i).
(C) Management of cape disappointment state park
land.--The Secretary may enter into an agreement with
the State of Washington providing for the
administration by the State of the land within the
boundary of the Park known as ``Cape Disappointment
State Park''.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Park in
accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the Act of August 25, 1916 (16 U.S.C. 1 et
seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Management Plan.--Not later than 3 years after funds are made
available to carry out this Act, the Secretary shall prepare an
amendment to the general management plan for the Memorial to address
the management of the Park.
(c) Cooperative Management Agreements.--To facilitate the
presentation of a comprehensive picture of the experiences of the Lewis
and Clark Expedition in the lower Columbia River area and to promote
more efficient administration of the sites associated with those
experiences, the Secretary may, in accordance with section 3(l) of
Public Law 91-383 (16 U.S.C. 1a-2(l)), enter into cooperative
management agreements with appropriate officials in the States of
Washington and Oregon.
SEC. 6. REPEALS; REFERENCES.
(a) In General.--Public Law 85-435 (72 Stat. 153; 16 U.S.C. 450mm
et seq.) is repealed.
(b) References.--Any reference to Fort Clatsop National Memorial in
a law (including regulations), map, document, paper, or other record
shall be considered to be a reference to the Lewis and Clark National
Historical Park.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the Senate September 15, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 2167
_______________________________________________________________________
AN ACT
To establish the Lewis and Clark National Historical Park in the States
of Washington and Oregon, and for other purposes. | Lewis and Clark National Historical Park Act of 2004 - Establishes the Lewis and Clark National Historical Park in the States of Washington and Oregon as a unit of the National Park System.
Requires the Secretary of the Interior, subject to valid rights (including withdrawals), to transfer to the Director of the National Park Service management of any Federal land at Cape Disappointment, Washington, that is within the boundary of the Park.
Revokes withdrawals of the 20-acre parcel depicted on the map as "Memorial to Thomas Jefferson." Directs the Secretary to establish a memorial to Thomas Jefferson.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish the Lewis and Clark National Historical Park in the States of Washington and Oregon, and for other purposes."} | 1,670 | 139 | 0.537275 | 1.473567 | 0.613676 | 5.042735 | 13.076923 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Weather Services Duties Act
of 2005''.
SEC. 2. DUTIES AND RESPONSIBILITIES OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION AND NATIONAL WEATHER SERVICE.
(a) National Weather Service.--To protect life and property, the
Secretary of Commerce shall, through the National Weather Service, be
responsible for the following:
(1) The preparation and issuance of severe weather
forecasts and warnings designed for the protection of life and
property of the general public.
(2) The preparation and issuance of hydrometeorological
guidance and core forecast information.
(3) The collection and exchange of meteorological,
hydrological, climatic, and oceanographic data and information.
(4) The provision of reports, forecasts, warnings, and
other advice to the Secretary of Transportation and other
persons pursuant to section 44720 of title 49, United States
Code.
(5) Such other duties and responsibilities as the Secretary
shall specify.
(b) Competition With Private Sector.--The Secretary of Commerce
shall not provide, or assist other entities in providing, a product or
service (other than a product or service described in subsection
(a)(1)) that is or could be provided by the private sector unless--
(1) the Secretary determines that the private sector is
unwilling or unable to provide such product or service; or
(2) the United States Government is obligated to provide
such product or service under international aviation agreements
to provide meteorological services and exchange meteorological
information.
(c) Issuance of Data, Forecasts, and Warnings.--
(1) In general.--All data, information, guidance,
forecasts, and warnings received, collected, created, or
prepared by the National Oceanic and Atmospheric Administration
or the National Weather Service shall, to the maximum extent
practicable, be issued in real time, and without delay for
internal use, in a manner that ensures that all members of the
public have the opportunity for simultaneous and equal access
to such data, information, guidance, forecasts, and warnings.
(2) Mode of issuance.--Data, information, guidance,
forecasts, and warnings shall be issued under paragraph (1)
through a set of data portals designed for volume access by
commercial providers of products or services and by such other
mechanisms as the Secretary of Commerce considers appropriate
for purposes of that paragraph.
(d) Prohibition on Certain Disclosures.--An officer, employee, or
agent of the National Oceanic and Atmospheric Administration, the
National Weather Service, or any other department or agency of the
United States who by reason of that status comes into possession of any
weather data, information, guidance, forecast, or warning that might
influence or affect the market value of any product, service,
commodity, tradable, or business may not--
(1) willfully impart, whether directly or indirectly, such
weather data, information, guidance, forecast, or warning, or
any part thereof, before the issuance of such weather data,
information, guidance, forecast, or warning to the public under
subsection (c); or
(2) after the issuance of such weather data, information,
guidance, forecast, or warning to the public under subsection
(c), willfully impart comments or qualifications on such
weather data, information, guidance, forecast, or warning, or
any part thereof, to the public, except pursuant to an issuance
that complies with that subsection.
(e) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Commerce shall prescribe
regulations to implement the provisions of this section.
(f) Product or Service Defined.--In this section, the term
``product or service'' means a product, service, device, or system that
provides, senses, or communicates meteorological, hydrological,
climatic, solar, or oceanographic data, forecasts, or other similar
information.
(g) Effective Date.--The provisions of this section (other than
subsection (e)) shall take effect 90 days after the date of the
enactment of this Act.
(h) Conforming Amendments.--The Act of October 1, 1890 (26 Stat.
653) is amended as follows:
(1) Section 3 (15 U.S.C. 313) is repealed.
(2) Section 9 (15 U.S.C. 317) is amended by striking ``,
and it shall be'' and all that follows and inserting a period.
SEC. 3. REPORT ON MODIFICATION OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION AND NATIONAL WEATHER SERVICE ACTIVITIES.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Commerce shall submit to the appropriate
committees of Congress a report that sets forth--
(1) a detailed statement of the activities, if any, of the
National Oceanic and Atmospheric Administration and the
National Weather Service that are inconsistent with the
provisions of section 2;
(2) a schedule for the modification of the activities
referred to in paragraph (1) in order to conform such
activities to the provisions of section 2; and
(3) the regulations prescribed under section 2(e).
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Science of the House of
Representatives. | National Weather Services Duties Act of 2005 - Requires the Secretary of Commerce, acting through the National Weather Service (NWS), in order to protect life and property, to be responsible for: (1) the preparation and issuance of severe weather forecasts and warnings; (2) the preparation and issuance of hydrometeorological guidance and core forecast information; (3) the collection and exchange of meteorological, hydrological, climatic, and oceanographic data information; and (4) reports, forecasts, warnings, and other advice necessary for aircraft safety and efficiency. Prohibits the Secretary from providing or assisting other entities in providing a product or service (other than a product or service for the preparation and issuance of severe weather forecasts and warnings as described above) that is or could be provided by the private sector unless: (1) the private sector is unwilling or unable to provide such product or service; or (2) the U.S. Government is obligated to provide such product or service under international aviation agreements.
Sets forth requirements for the issuance of all data, information, guidance, forecasts, and warnings from the National Oceanic and Atmospheric Administration (NOAA) or the NWS.
Prohibits, as specified, disclosures by Federal employees of any weather data, information, guidance, forecast, or warning that might influence or affect the market value of a product, service, commodity, tradable, or business. | {"src": "billsum_train", "title": "A bill to clarify the duties and responsibilities of the National Oceanic and Atmospheric Administration and the National Weather Service, and for other purposes."} | 1,215 | 311 | 0.786327 | 2.54376 | 0.817063 | 5.641791 | 4.126866 | 0.910448 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building Opportunities Bonus Act''.
SEC. 2. BONUS TO BUILD REAL OPPORTUNITIES FOR POOR FAMILIES.
Section 403(a) of the Social Security Act (42 U.S.C. 603(a)) is
amended by adding at the end the following:
``(6) Building opportunities bonus.--
``(A) In general.--The Secretary shall make a grant
pursuant to this paragraph to each State for each bonus
year for which the State is a high performing State.
``(B) Amount of grant.--
``(i) In general.--Subject to clause (ii),
the Secretary shall determine the amount of the
grant payable under this paragraph to a high
performing State for a bonus year, which shall
be based on the score assigned to the State
under subparagraph (D)(i) for the fiscal year
that immediately precedes the bonus year.
``(ii) Limitation.--The amount payable to a
State under this paragraph for a bonus year
shall not exceed 5 percent of the State family
assistance grant and shall be used to address
the matters set forth in subparagraph (C).
``(C) Criteria for measuring state performance.--
Not later than 1 year after the date of the enactment
of this paragraph, the Secretary, in consultation with
the National Governor's Association and the Institute
for Women's Policy Research, shall develop criteria for
measuring State performance in operating the State
program funded under this part to address the following
matters as they relate to the ability of recipients of
assistance under the State program to become
economically self-sufficient:
``(i) Child care.--Whether States are--
``(I) ensuring an adequate supply
of safe, accessible, appropriate, and
quality child care slots;
``(II) helping women identify and
place children in safe, accessible,
appropriate, and quality child care;
``(III) ensuring that available
child care slots are filled;
``(IV) improving the quality of
child care by ensuring that child care
providers are adequately paid and
trained;
``(V) increasing access to safe,
accessible, appropriate, and quality
child care by making child care
subsidies available to recipients of
assistance under the State program
funded under this part and families
that earn up to 85 percent of the
State's median income;
``(VI) collaborating with State
child care resource and referral
agencies and child care development
experts in developing and implementing
child care programs and policies; and
``(VII) collaborating with State
domestic violence coalitions to address
the child care needs of families
affected by domestic violence.
``(ii) Employment.--Whether States are--
``(I) providing education and
training for recipients of assistance
under the State program under this part
for employment that pays a sustainable
wage, such as apprenticeable,
technical, and professional
occupations, and nontraditional
employment;
``(II) placing such recipients in
such employment;
``(III) retaining such recipients
in such employment;
``(IV) providing career development
assistance including job readiness
training, reliable, up-to-date career
counseling services, and employability
assessments on available employment
that pays a sustainable wage, such as
nontraditional training and education
options and employment opportunities to
all women entering welfare-to-work
programs; and
``(V) utilizing resources available
under title I of the Workforce
Investment Act of 1998, including
section 134(a)(3)(A)(vi)(II) of such
Act, to support State efforts on
education, training, placement,
retention, and career development
assistance, as described in subclauses
(I) through (IV).
``(iii) Domestic violence.--Whether States
are--
``(I) collaborating with State
domestic violence coalitions in
implementing substantive programs
addressing domestic violence as an
impediment to women's work and
education (such as through
demonstration and model projects),
programs placing domestic violence
advocates in welfare offices, and
programs providing employment and
support services for victims of
domestic violence that will reach a
substantial number of battered women;
``(II) collaborating with State
domestic violence coalitions in
adopting and implementing the option
under the State plan relating to
domestic violence set forth in section
402(a)(7);
``(III) collaborating with State
domestic violence coalitions in
requiring training on domestic violence
for case workers for the State program
funded under this part;
``(IV) collaborating with State
domestic violence coalitions in
requiring training on domestic violence
for job training, education, and job
placement programs that are contracted
by the State program funded under this
part, and requiring that such programs
implement strategies and programs to
support victims of domestic violence in
the workplace;
``(V) conducting outreach to
employers of recipients of assistance
to ensure that employers are aware of
and are implementing strategies and
programs to support victims of domestic
violence in the workplace; and
``(VI) conducting public education
on domestic violence.
``(D) Scoring of state performance; setting of
performance thresholds.--For each bonus year, the
Secretary shall--
``(i) use the criteria developed under
subparagraph (C) to assign a score to each
eligible State for the fiscal year that
immediately precedes the bonus year; and
``(ii) prescribe a performance threshold in
such a manner so as to ensure that--
``(I) the average annual total
amount of grants to be made under this
paragraph for each bonus year equals
$200,000,000; and
``(II) the total amount of grants
to be made under this paragraph for all
bonus years equals $1,000,000,000.
``(E) Definitions.--As used in this paragraph:
``(i) Bonus year.--The term `bonus year'
means fiscal years 2001, 2002, 2003, 2004, and
2005.
``(ii) Child care.--The term `child care'
means all programs and arrangements utilized by
parents for the care of children from birth
through age 14, and for the care of children
who are older than age 14 and have special
needs, including day care services provided by
centers, family day care, group family day
care, informal care, after hours care, and
before- and after-school programs.
``(iii) Child with special needs.--The term
`child with special needs' has the same meaning
as the term `child with a disability' in
section 602(3)(A)(i) of the Individuals With
Disabilities Education Act.
``(iv) Domestic violence.--The term
`domestic violence' has the same meaning as the
term `battered or subjected to extreme
cruelty', as defined in section
408(a)(7)(C)(iii).
``(v) High performance state.--The term
`high performance State' means, with respect to
a bonus year, an eligible State whose score
assigned pursuant to subparagraph (D)(i) for
the fiscal year immediately preceding the bonus
year equals or exceeds the performance
threshold prescribed under subparagraph (D)(ii)
for such preceding fiscal year.
``(vi) Sustainable wage.--The term
`sustainable wage' means a wage that is at
least 185 percent above the poverty line and
that takes into account costs related to
employment such as Federal, State, and local
taxes, child care, transportation, food, and
shelter costs for a particular geographic area.
``(vii) Nontraditional employment.--The
term `nontraditional employment' means
occupations or fields of work, including
careers in computer science, technology, and
other emerging high skill occupations, for
which individuals from one gender comprise less
than 25 percent of the individuals employed in
each such occupation or field of work.
``(viii) Poverty line.--The term `poverty
line' has the meaning given such term in
section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)), including any
revision required by such section.
``(F) Authorization of appropriations.--There is
authorized to be appropriated for fiscal years 2001
through 2005 a total of $1,000,000,000 for grants under
this paragraph.''. | Building Opportunities Bonus Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to establish a building opportunities bonus program under provisions regarding State family assistance grants in order to reward high performance States under TANF. Authorizes appropriations. | {"src": "billsum_train", "title": "Building Opportunities Bonus Act"} | 1,816 | 69 | 0.496064 | 1.176253 | 0.856927 | 1.611111 | 31.740741 | 0.759259 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Major Drug Trafficking Prosecution
Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since the enactment of mandatory minimum sentencing for
drug users, the Federal Bureau of Prisons budget increased from
$220 million in 1986 to $5.4 billion in 2008.
(2) Mandatory minimum sentences are statutorily prescribed
terms of imprisonment that automatically attach upon conviction
of certain criminal conduct, usually pertaining to drug or
firearm offenses. Absent very narrow criteria for relief, a
sentencing judge is powerless to mandate a term of imprisonment
below the mandatory minimum. Mandatory minimum sentences for
drug offenses rely solely upon the weight of the substance as a
proxy for the degree of involvement of a defendant's role.
(3) Mandatory minimum sentences have consistently been
shown to have a disproportionate impact on African Americans.
The United States Sentencing Commission, in a 15-year overview
of the Federal sentencing system, concluded that ``mandatory
penalty statutes are used inconsistently'' and
disproportionately affect African American defendants. As a
result, African American drug defendants are 20 percent more
likely to be sentenced to prison than white drug defendants.
(4) In the Anti-Drug Abuse Act of 1986, Congress structured
antidrug penalties to encourage the Department of Justice to
concentrate its enforcement effort against high-level and
major-level drug traffickers, and provided new, long mandatory
minimum sentences for such offenders, correctly recognizing the
Federal role in the combined Federal-State drug enforcement
effort.
(5) Between 1994 and 2003, the average time served by
African Americans for a drug offense increased by 62 percent,
compared with a 17 percent increase among white drug
defendants. Much of this disparity is attributable to the
severe penalties associated with crack cocaine.
(6) African Americans, on average, now serve almost as much
time in Federal prison for a drug offense (58.7 months) as
whites do for a violent offense (61.7 months).
(7) Linking drug quantity with punishment severity has had
a particularly profound impact on women, who are more likely to
play peripheral roles in a drug enterprise than men. However,
because prosecutors can attach drug quantities to an individual
regardless of the level of culpability of a defendant's
participation in the charged offense, women have been exposed
to increasingly punitive sentences to incarceration.
(8) In 2003, the States sentenced more than 340,000 drug
offenders to felony convictions, compared to 25,000 Federal
felony drug convictions.
(9) Low-level and mid-level drug offenders can be
adequately prosecuted by the States and punished or supervised
in treatment as appropriate.
(10) Federal drug enforcement resources are not being
properly focused, as only 12.8 percent of powder cocaine
prosecutions and 8.4 percent of crack cocaine prosecutions were
brought against high-level traffickers, according to the Report
to Congress: Cocaine and Federal Sentencing Policy, issued May,
2007 by the United States Sentencing Commission.
(11) According to the Report to Congress, ``The majority of
federal cocaine offenders generally perform low-level functions
. . .''.
(12) The Departments of Justice, Treasury, and Homeland
Security are the agencies with the greatest capacity to
investigate, prosecute and dismantle the highest level of drug
trafficking organizations, and investigations and prosecutions
of low-level offenders divert Federal personnel and resources
from the prosecution of the highest-level traffickers, for
which such agencies are best suited.
(13) Congress must have the most current information on the
number of prosecutions of high-level and low-level drug
offenders in order to properly reauthorize Federal drug
enforcement programs.
(14) One consequence of the improper focus of Federal
cocaine prosecutions has been that the overwhelming majority of
low-level offenders subject to the heightened crack cocaine
penalties are black and according to the Report to Congress
only 8.8 percent of Federal crack cocaine convictions were
imposed on whites, while 81.8 percent and 8.4 percent were
imposed on blacks and Hispanics, respectively
(15) According to the 2002 Report to Congress: Cocaine and
Federal Sentencing Policy, issued May, 2002 by the United
States Sentencing Commission, there is ``a widely-held
perception that the current penalty structure for federal
cocaine offenses promotes unwarranted disparity based on
race''.
(16) African Americans comprise 12 percent of the US
population and 14 percent of drug users, but 30 percent of all
Federal drug convictions.
(17) Drug offenders released from prison in 1986 who had
been sentenced before the adoption of mandatory sentences and
sentencing guidelines had served an average of 22 months in
prison. Offenders sentenced in 2004, after the adoption of
mandatory sentences, were expected to serve almost three times
that length, or 62 months in prison.
(18) According to the Justice Department, the time spent in
prison does not affect recidivism rates.
(19) Government surveys document that drug use is fairly
consistent across racial and ethnic groups. While there is less
data available regarding drug sellers, research finds that drug
users generally buy drugs from someone of their own racial or
ethnic background. But almost three-quarters of all Federal
narcotics cases are filed against blacks and Hispanics, many of
whom are low-level offenders.
SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL.
A Federal prosecution for an offense under the Controlled
Substances Act, the Controlled Substances Import and Export Act, or for
any conspiracy to commit such an offense, where the offense involves
the illegal distribution or possession of a controlled substance in an
amount less than that amount specified as a minimum for an offense
under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) or, in the case of any substance containing cocaine or
cocaine base, in an amount less than 500 grams, shall not be commenced
without the prior written approval of the Attorney General.
SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVISIONS.
(a) Section 404.--Section 404(a) of the Controlled Substances Act
(21 U.S.C. 844(a)) is amended--
(1) by striking ``not less than 15 days but'';
(2) by striking ``not less than 90 days but'';
(3) by striking ``not less than 5 years and''; and
(4) by striking the sentence beginning ``The imposition or
execution of a minimum sentence''.
(b) Section 401.--Section 401(b) of the Controlled Substances Act
(21 U.S.C. 841(b)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``which may not be less than 10
years and or more than'' and inserting ``for any term
of years or for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years or more
than life'' the first place it appears;
(C) by striking ``which may not be less than 20
years and not more than life imprisonment'' and
inserting ``for any term of years or for life'';
(D) by inserting ``imprisonment for any term of
years or'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning ``If any
person commits a violation of this subparagraph'';
(F) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced''; and
(2) in paragraph (1)(B)--
(A) by striking ``which may not be less than 5
years and'' and inserting ``for'';
(B) by striking ``not less than 20 years or more
than'' and inserting ``for any term of years or to'';
(C) by striking ``which may not be less than 10
years and more than'' and inserting ``for any term of
years or for'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''.
(c) Section 1010.--Section 1010(b) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term of years or
for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years and not
more than life'' the first place it appears;
(C) by striking ``of not less than 20 years and not
more than life imprisonment'' and inserting ``for any
term of years or for life'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''; and
(2) in paragraph (2)--
(A) by striking ``not less than 5 years and'';
(B) by striking ``of not less than twenty years and
not more than'' and inserting ``for any term of years
or for'';
(C) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term of years or
to'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''.
(d) Section 418.--Section 418 of the Controlled Substances Act (21
U.S.C. 859) is amended by striking the sentence beginning ``Except to
the extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''.
(e) Section 419.--Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended by striking the sentence beginning ``Except to
the extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''.
(f) Section 420.--Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended--
(1) in each of subsections (b) and (c), by striking the
sentence beginning ``Except to the extent'';
(2) by striking subsection (e); and
(3) in subsection (f), by striking ``, (c), and (e)'' and
inserting ``and (c)''. | Major Drug Trafficking Prosecution Act of 2009- Requires the Attorney General's prior written approval for a federal prosecution of an offense under the Controlled Substances Act (CSA) or the Controlled Substances Import and Export Act (CSIEA), or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that specified as a minimum for an offense under CSA or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams. Modifies CSA and CSIEA to delete specified mandatory minimum terms of imprisonment. | {"src": "billsum_train", "title": "To concentrate Federal resources aimed at the prosecution of drug offenses on those offenses that are major."} | 2,528 | 142 | 0.427091 | 1.18654 | 0.67778 | 6.208696 | 19.973913 | 0.921739 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rare Earths Supply-Chain Technology
and Resources Transformation Act of 2010'' or the ``RESTART Act''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Many modern defense technologies such as radar and
sonar systems, precision-guided weapons, cruise missiles, and
lasers cannot be built, as designed and specified, without the
use of rare earth elements (``REEs'') and materials produced
from them.
(2) Significant quantities of REE are used in the
production of renewable energy technologies, including advanced
automotive propulsion batteries, electric motors, high-
efficiency light bulbs, solar panels, and wind turbines. These
technologies are used to advance the United States energy
policy of reducing dependence on foreign oil and decreasing
greenhouse gas emissions through expansion of renewable sources
of energy.
(3) Though the United States owns at least 15 percent of
the world's REEs reserves, it now depends nearly 100 percent
upon imports for rare earth elements, oxides, and alloys
because there are virtually no active REE producers in the
United States. More than 97 percent of all REEs for world
consumption are produced in China.
(4) China's ability--and willingness--to export REEs is
eroding due to its growing domestic demand, its enforcement of
environmental law on current producers, and its mandate to
consolidate the industry by decreasing its number of mining
permits. The Chinese Ministry of Industry and Information
Technology draft rare earths plan for 2009 to 2015 proposes an
immediate ban on the export of dysprosium, terbium, thulium,
lutetium and yttrium, the ``heavy'' REE and a restriction on
the exports of all the other, light, rare earth metals to a
level well below that of Japan's 2008 demand alone.
(5) Furthermore, the United States has no active heavy
group rare earth production capabilities or refining
capabilities for heavy rare earth elements. Thus, should the
United States begin to mine its heavy rare earth oxides, it
would still be dependent on overseas refineries for further
elemental and alloy processing. Nor does the United States
currently maintain a ``strategic reserve'' of rare earth
compounds, metals or alloys.
(6) REEs should qualify as materials either strategic or
critical to national security. The United States Government
should take measures to reintroduce a globally competitive
domestic strategic materials industry that is self-sufficient
in the United States domestic market with multiple sources of
mining, processing, alloying and manufacturing.
(7) This self-sufficiency requires an uninterrupted supply
of strategic materials critical to national security and
innovative commercial product development, including rare earth
materials, to support the defense supply chain.
(8) The United States currently cannot reclaim valuable
rare earth resources and permanent magnets from scrapped
military or consumer products, industrial materials or
equipment, which allows entities in overseas nations to
identify and recover such materials for resale to United States
manufacturers at considerable cost.
(9) There is an urgent need to identify the current global
market situation regarding rare earth materials, the strategic
value placed on them by foreign nations including China, and
the Department of Defense's and domestic manufacturing
industry's supply-chain vulnerability related to rare earths
and end items containing rare earths such as neodymium iron
boron and other specialty magnets, and rare earth ``doped''
lasers.
(10) It is the policy of the United States to take any and
all actions necessary to ensure the reintroduction of a
competitive domestic rare earth supply chain, to include the
reintroduction of the capacity to conduct mining, refining/
processing, alloying and manufacturing operations using
domestic suppliers to provide a secure source of rare earth
materials as a vital component of national security and
economic policy.
SEC. 3. REQUIREMENT TO ESTABLISH EXECUTIVE AGENTS FOR RARE EARTH
RELATED MATTERS.
No later than 30 days after the enactment of this Act--
(1) the Secretaries of Commerce, Defense, Energy, Interior,
and State shall appoint an Executive Agent, at the Assistant
Secretary level of each affected agency, to serve as a
representative on an interagency working group for the purposes
of reestablishing a competitive domestic rare earth supply
chain; and
(2) the United States Trade Representative and the Office
of Science and Technology Policy shall appoint representation
to the interagency working group in paragraph (1) above.
SEC. 4. REQUIREMENT TO ESTABLISH A BASELINE FOR RARE EARTH MATERIAL
SUPPLY-CHAIN VULNERABILITY.
No later than 180 days after the enactment of this Act, the
Secretaries of Commerce, Defense, Energy, Interior, and State shall
undertake an assessment of the rare earth supply chain and determine
which rare earth elements are critical to national and economic
security and submit the findings of the review to Congress. Such
assessment shall be in coordination with the United States Trade
Representative and the Executive Office of the President's Office of
Science and Technology Policy.
SEC. 5. REQUIREMENT TO ESTABLISH A NATIONAL STOCKPILE FOR RARE EARTH
MATERIALS.
(a) In accordance with 50 U.S.C. 98 et seq., the Secretary of
Defense shall commence the procurement of rare earth materials
designated as ``critical'' in section 4 of this Act and place such rare
earth materials in the national stockpile within one year after
enactment of this Act.
(b) The Defense Logistics Agency, Defense National Stockpile
Center, shall serve as Administrator of the rare earth stockpile and
shall issue an annual report to Congress describing which rare earth
materials shall be added to or subtracted from the stockpile.
(c) In accordance with section 98h-6 of title 50, United States
Code, the Administrator shall purchase, or make a commitment to
purchase, rare earth materials or for the processing or refining of
rare earth materials, to support national defense and the economic
needs of the United States.
(d) Notwithstanding any other provision of law, for a period of
five years after the date of enactment of this Act, the Administrator
shall be authorized to purchase necessary rare earth materials from the
People's Republic of China, if required to meet national security and
economic needs of the United States.
(e) Upon the joint determination of the Secretaries of Commerce,
Defense, Energy, Interior, and State, in coordination with the United
States Trade Representative and the Executive Office of the President's
Office of Science and Technology Policy, that rare earth materials are
no longer critical to supporting national defense or the economic well-
being of the United States, the requirement to stockpile rare earth
materials shall terminate by issuing a report of such determination to
Congress. Such report shall be submitted to Congress no earlier than
April 1, 2015.
SEC. 6. ESTABLISHMENT OF FAIR MARKET CONDITIONS FOR THE REESTABLISHMENT
OF A DOMESTIC RARE EARTH SUPPLY CHAIN.
(a) Not later than 30 days after the enactment of the Act, the
United States Trade Representative shall initiate a comprehensive
review of international trade practices in the rare earth materials
market. Such review shall include actions by foreign producers of rare
earth elements, rare earth metals, rare earth alloys and components
used in the defense or energy markets containing rare earth elements,
as it relates to dumping, export quotas and other relevant mechanisms
used to manipulate the rare earth market.
(b) Upon completion of the review, the United States Trade
Representative shall--
(1) initiate an action before the World Trade Organization;
or
(2) issue a report to Congress describing the results of
the comprehensive review and why it was determined that
international markets are free from market manipulation such as
dumping or export quotas.
SEC. 7. CONSIDERATION OF LOAN GUARANTEES FOR RARE EARTH SUPPLY-CHAIN
DEVELOPMENT.
Not later than 90 days after the enactment of the Act--
(1) the Secretaries of Commerce, Interior, and State shall
issue a report to industry describing mechanisms for obtaining
current and future year government loan guarantees to
reestablish a domestic rare earth supply chain;
(2) the Secretary of Defense shall issue guidance for the
rare earth industry related to obtaining loan guarantees under
50 U.S.C. 98 and any other available mechanism for obtaining
loan guarantees to support the reestablishment of mining,
refining, alloying and manufacturing operations in the United
States that will support the domestic defense supply chain; and
(3) the Secretary of Energy shall issue guidance for the
rare earth industry related to obtaining loan guarantees under
the American Recovery and Reinvestment Act of 2009, Energy
Efficiency and Renewable Energy sponsored programs and any
other available mechanism for obtaining loan guarantees to
support the reestablishment of mining, refining, alloying and
manufacturing operations in the United States that will support
the domestic supply chain.
SEC. 8. DEFENSE PRODUCTION ACT PRIORITY FOR RARE EARTH SUPPLY-CHAIN
DEVELOPMENT.
(a) It is the sense of Congress that the urgent need to reintroduce
a domestic rare earth supply chain warrants a prioritization of such
Defense Production Act projects. The United States faces a shortage of
key materials that form the backbone of both the defense and energy
supply chains.
(b) Not later than 180 days after the enactment of this Act, the
Secretary of Defense shall issue a report describing past, current and
future Defense Production Act projects to address the domestic rare
earth supply chain. If no rare earth supply-chain Defense Production
Act projects are in process or planned, the report shall justify the
lack of action to support establishment of domestic rare earth supply-
chain initiatives, particularly those to establish domestic
manufacturing capability in critical segments of the rare earth market.
SEC. 9. RESEARCH AND DEVELOPMENT TO SUPPORT THE DOMESTIC RARE EARTH
SUPPLY CHAIN.
It is the sense of Congress that, in order to reestablish the
United States as the preeminent supplier of rare earth materials,
components and associated technologies, there is a pressing need to
support innovation, training and workforce development of the rare
earth supply chain. Therefore, base budget funding should be provided
by the Secretaries of Commerce, Defense, Energy, and Interior to fund
academic institutions, Government laboratories, corporate research and
development, not-for-profit research and development, and industry
associations.
SEC. 10. RESTRICTIONS.
(a) Limitation on Divestment of Facilities Created.--No recipient
of United States Government appropriated funds, for the purposes of
supporting the reestablishment of a domestic rare earth supply chain,
may divest resources funded, in whole or in part, to any foreign-owned
or controlled entity without the concurrence of the Secretaries of
Energy, Commerce, and Defense.
(b) Enhancing National Security.--Any recipient of United States
Government appropriated funds obtained in connection with the
reestablishment of a domestic rare earth supply chain shall be subject
to the restrictions of 10 U.S.C. 2538. In order to ensure the
availability of rare earth materials for Department of Defense needs,
this obligation extends to all materials sold by such recipients in the
commercial marketplace.
SEC. 11. DEFINITIONS.
In this Act:
(1) Rare earth.--The term ``rare earth'' means the chemical
elements, all metals, beginning with lanthanum, atomic number
57, and including all of the natural chemical elements in the
periodic table following lanthanum up to and including
lutetium, element number 71. The definition shall further
include the elements yttrium and scandium, which are usually
found with the rare earth elements in nature.
(2) Refine.--The reestablishment of a domestic rare earth
element refinery capabilities within the United States whereby
rare earths, once extracted from rock, are separated and
purified to commercial grades of oxides or other salts such as
oxalates or chlorides.
(3) Process.--The support of heavy rare earth processing
and production facilities capable of converting rare earth
oxides into usable rare earth metals and specialty alloys and
powders for domestic magnet and other manufacturing within the
United States.
(4) Produce.--The advancement of domestic manufacturing
efforts of U.S. magnet producers and other domestic innovation
industries that rely on rare earth materials.
(5) Recycle.--The establishment of an initiative to recycle
and strip used consumer products, and used or obsolete
declassified military products, of rare earth elements and
strategic magnets within the United States for eventual reuse
by domestic manufacturers.
(6) Stockpile.--The creation and maintenance of a
``strategic reserve'' of rare earth oxides, and storable forms
of rare earth elements, and alloys for national defense
purposes.
(7) Alloy and alloying.--An alloy is a partial or complete
solid solution of one or more elements in a metallic matrix.
Alloying is the process of melting of metals to create the
metallic matrix.
(8) Sintering.--Sintering is a method for making objects
from powder, by heating the material in a sintering furnace
below its melting point (solid state sintering) until its
particles adhere to each other. | Rare Earths Supply-Chain Technology and Resources Transformation Act of 2010 or the RESTART Act - Directs the Secretaries of Commerce, of Defense, of Energy, of the Interior, and of State to: (1) appoint an Executive Agent, at the Assistant Secretary level, to serve as a representative on an interagency working group to reestablish a competitive domestic rare earth supply chain; and (2) assess and report to Congress on the chain, determining which rare earth elements are critical to national and economic security. Directs the United States Trade Representative (USTR) and the Office of Science and Technology Policy also to appoint representation to such working group.
Requires the Secretary of Defense to commence procurement of critical rare earth materials and place them in a national stockpile, and the Defense Logistics Agency, Defense National Stockpile Center to serve as Administrator of the stockpile.
Authorizes the Administrator, if necessary to meet U.S. national security and economic needs, to purchase rare earth materials from the People's Republic of China.
Instructs the USTR to: (1) initiate and report to Congress on a comprehensive review of international trade practices in the rare earth materials market; or (2) initiate an action before the World Trade Organization (WTO) as a result of the review.
Directs the Secretaries of Commerce, of the Interior, and of State to report to the domestic rare earth industry about mechanisms for obtaining government loan guarantees to reestablish a domestic rare earth supply chain. Directs the Secretaries of Defense and of Energy to issue guidance for the industry related to obtaining such loan guarantees.
Expresses the sense of Congress regarding a prioritization of Defense Production Act projects with respect to the domestic rare earth supply chain. | {"src": "billsum_train", "title": "To reestablish a competitive domestic rare earths minerals production industry; a domestic rare earth processing, refining, purification, and metals production industry; a domestic rare earth metals alloying industry; and a domestic rare earth based magnet production industry and supply chain in the United States."} | 2,938 | 379 | 0.544104 | 1.795907 | 0.722693 | 3.850153 | 8.036697 | 0.95107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kinship Care Act of 1997''.
SEC. 2. KINSHIP CARE DEMONSTRATION PROJECTS.
(a) In General.--Part E of title IV of the Social Security Act (42
U.S.C. 670-679) is amended by inserting after section 477 the
following:
``SEC. 478. KINSHIP CARE DEMONSTRATION PROJECTS.
``(a) Purpose.--The purpose of this section is to allow and
encourage States to develop effective alternatives to foster care for
children who might be eligible for foster care but who have adult
relatives who can provide safe and appropriate care for the child.
``(b) Demonstration Authority.--The Secretary may authorize any
State to conduct a demonstration project designed to determine whether
it is feasible to establish kinship care as an alternative to foster
care for a child who--
``(1) has been removed from home as a result of a judicial
determination that continuation in the home would be contrary
to the welfare of the child;
``(2) would otherwise be placed in foster care; and
``(3) has adult relatives willing to provide safe and
appropriate care for the child.
``(c) Kinship Care Defined.--As used in this section, the term
`kinship care' means safe and appropriate care (including long-term
care) of a child by 1 or more adult relatives of the child who have
legal custody of the child, or physical custody of the child pending
transfer to the adult relative of legal custody of the child.
``(d) Project Requirements.--In any demonstration project
authorized to be conducted under this section, the State--
``(1) should examine the provision of alternative financial
and service supports to families providing kinship care; and
``(2) shall establish such procedures as may be necessary
to assure the safety of children who are placed in kinship
care.
``(e) Waiver Authority.--The Secretary may waive compliance with
any requirement of this part which (if applied) would prevent a State
from carrying out a demonstration project under this section or prevent
the State from effectively achieving the purpose of such a project,
except that the Secretary may not waive--
``(1) any provision of section 422(b)(10), section 479, or
this section; or
``(2) any provision of this part, to the extent that the
waiver would impair the entitlement of any qualified child or
family to benefits under a State plan approved under this part.
``(f) Payments to States; Cost Neutrality.--In lieu of any payment
under section 473 for expenses incurred by a State during a quarter
with respect to a demonstration project authorized to be conducted
under this section, the Secretary shall pay to the State an amount
equal to the total amount that would be paid to the State for the
quarter under this part, in the absence of the project, with respect to
the children and families participating in the project.
``(g) Use of Funds.--A State may use funds paid under this section
for any purpose related to the provision of services and financial
support for families participating in a demonstration project under
this section.
``(h) Duration of Project.--A demonstration project under this
section may be conducted for not more than 5 years.
``(i) Application.--Any State seeking to conduct a demonstration
project under this section shall submit to the Secretary an
application, in such form as the Secretary may require, which
includes--
``(1) a description of the proposed project, the geographic
area in which the proposed project would be conducted, the
children or families who would be served by the proposed
project, the procedures to be used to assure the safety of such
children, and the services which would be provided by the
proposed project (which shall provide, where appropriate,
for random assignment of children and families to groups served under
the project and to control groups);
``(2) a statement of the period during which the proposed
project would be conducted, and how, at the termination of the
project, the safety and stability of the children and families
who participated in the project will be protected;
``(3) a discussion of the benefits that are expected from
the proposed project (compared to a continuation of activities
under the State plan approved under this part);
``(4) an estimate of the savings to the State of the
proposed project;
``(5) a statement of program requirements for which waivers
would be needed to permit the proposed project to be conducted;
``(6) a description of the proposed evaluation design; and
``(7) such additional information as the Secretary may
require.
``(j) State Evaluations and Reports.--Each State authorized to
conduct a demonstration project under this section shall--
``(1) obtain an evaluation by an independent contractor of
the effectiveness of the project, using an evaluation design
approved by the Secretary which provides for--
``(A) comparison of outcomes for children and
families (and groups of children and families) under
the project, and such outcomes under the State plan
approved under this part, for purposes of assessing the
effectiveness of the project in achieving program
goals; and
``(B) any other information that the Secretary may
require;
``(2) obtain an evaluation by an independent contractor of
the effectiveness of the State in assuring the safety of the
children participating in the project; and
``(3) provide interim and final evaluation reports to the
Secretary, at such times and in such manner as the Secretary
may require.
``(k) Report to the Congress.--Not later than 4 years after the
date of the enactment of this section, the Secretary shall submit to
the Congress a report that contains the recommendations of the
Secretary for changes in law with respect to kinship care and
placements.''.
(b) Conforming Amendments.--Title IV of the Social Security Act (42
U.S.C. 601 et seq.) is amended
(1) in section 422(b)--
(A) by striking the period at the end of the
paragraph (9) (as added by section 554(3) of the
Improving America's Schools Act of 1994 (Public Law
103-382; 108 Stat. 4057)) and inserting a semicolon;
(B) by redesignating paragraph (10) as paragraph
(11); and
(C) by redesignating paragraph (9), as added by
section 202(a)(3) of the Social Security Act Amendments
of 1994 (Public Law 103-432, 108 Stat. 4453), as
paragraph (10);
(2) in sections 424(b), 425(a), and 472(d), by striking
``422(b)(9)'' each place it appears and inserting
``422(b)(10)''; and
(3) in section 471(a)--
(A) by striking ``and'' at the end of paragraph
(17);
(B) by striking the period at the end of paragraph
(18) (as added by section 1808(a) of the Small Business
Job Protection Act of 1996 (Public Law 104-188; 110
Stat. 1903)) and inserting ``; and''; and
(C) by redesignating paragraph (18) (as added by
section 505(3) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-
193; 110 Stat. 2278)) as paragraph (19).
SEC. 3. NOTICE TO RELATIVE CAREGIVERS.
(a) In General.--Section 471(a)(19) of the Social Security Act (42
U.S.C. 671(a)(19), as redesignated by section 1(b)(3)(C), is amended to
read as follows:
``(19) provides that the State shall, with respect to an
adult relative caregiver for a child--
``(A) provide that relative caregiver with notice
of, and an opportunity to be heard in, any
dispositional hearing or administrative review held
with respect to the child; and
``(B) give preference to that relative caregiver
over a non-related caregiver when determining a
placement for a child, provided that the relative
caregiver meets all relevant State child protection
standards, and that placement with the relative
caregiver would be consistent with the safety needs of
the child.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 1997. | Kinship Care Act of 1997 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to authorize States to conduct demonstration projects to determine whether it is feasible to establish kinship care as an alternative to foster care for a child who has been removed from home and would otherwise be placed in foster care, but has adult relatives willing to provide safe and appropriate care for the child.
Requires the State to: (1) provide the adult relative caregiver for a child with notice of, and an opportunity to be heard in, any dispositional hearing or administrative review held with respect to the child; and (2) give preference to that relative caregiver over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards, and that placement with the relative caregiver would be consistent with the child's safety needs. | {"src": "billsum_train", "title": "Kinship Care Act of 1997"} | 1,849 | 201 | 0.657769 | 1.868853 | 0.813139 | 5.715054 | 9.392473 | 0.962366 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserve Mental
Health Access Act of 2008''.
SEC. 2. IMPLEMENTATION OF YELLOW RIBBON REINTEGRATION PROGRAM FOR
MEMBERS OF THE NATIONAL GUARD AND RESERVE.
(a) Deadline for Implementation.--The Secretary of Defense shall
establish the Yellow Ribbon Reintegration Program for members of the
National Guard and Reserve and their families required by section 582
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 122; 10 U.S.C. 10101 note) by not later than 180
days after the date of the enactment of this Act.
(b) Report on Implementation of Program.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Personnel and Readiness shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
implementation of the Yellow Ribbon Reintegration Program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the
implementation of the Yellow Ribbon Reintegration
Program as of the date of the report.
(B) Such recommendations as the Under Secretary
considers appropriate for legislative or administration
action to improve the Yellow Ribbon Reintegration
Program.
(C) A description of any additional resources
required to assure the full implementation of the
Yellow Ribbon Reintegration Program.
SEC. 3. JOINT PSYCHOLOGICAL HEALTH PROGRAM.
(a) Program Required.--
(1) In general.--The Secretary of Defense shall, acting
through the Chief of the National Guard Bureau, carry out a
program for the purposes as follows:
(A) To improve access to psychological health care
and services for members of the National Guard and
their families.
(B) To improve coordination among the components of
the Department of Defense in the provision of
psychological health care to members of the National
Guard during their transition from active duty in the
Armed Forces to civilian life.
(C) To coordinate and oversee efforts of the
Department of Defense to assist members of the National
Guard with mental illness and members of the National
Guard with Traumatic Brain Injury (TBI) post-
deployment.
(2) Designation of program.--The program under this section
shall be known as the ``Joint Psychological Health Program''
(in this section referred to as the ``Program'').
(b) Directors of Psychological Health.--
(1) In general.--In carrying out the Program, the Chief of
the National Guard Bureau shall assign within the National
Guard Bureau two individuals to positions as follows:
(A) Director of Psychological Health of the Army
National Guard of the United States.
(B) Director of Psychological Health of the Air
National Guard of the United States.
(2) Qualifications.--Each individual assigned to a position
under paragraph (1) shall have such qualifications and
expertise as the Chief of the National Guard Bureau considers
appropriate for such position.
(3) Duties.--A Director of Psychological Health under
paragraph (1) shall carry out such duties with respect to the
component of the National Guard concerned as are provided by
law or by the Chief of the National Guard Bureau.
(c) Program Elements.--
(1) State networks of psychological health professionals.--
The Program shall consist of a network of psychological health
professionals in each State and Territory, the District of
Columbia, and the Commonwealth of Puerto Rico in order to carry
out programs and activities for the purposes of the Program.
(2) Directors.--
(A) In general.--Each network of psychological
health professionals established pursuant to paragraph
(1) for a State or Territory, the District of Columbia,
or the Commonwealth of Puerto Rico shall be overseen
and coordinated for the purposes of the Program by a
Director who shall be selected by the Chief of the
National Guard Bureau from among individuals who meet
such psychology licensure or certification requirements
as the Chief of the National Guard Bureau considers
appropriate.
(B) Contract position.--An individual selected to
serve as a Director under paragraph (1) shall serve as
a Director pursuant to a contract entered into by such
individual for purposes of the Program.
(C) Duties.--Each Director under this paragraph
shall have the duties as follows:
(i) To coordinate and oversee programs and
activities under the Program in the
jurisdiction concerned.
(ii) To work with applicable Federal,
State, and community agencies to develop and
implement a comprehensive plan for responding
to the psychological needs of members of the
National Guard and their families for the
purposes of the Program.
(iii) To develop, coordinate, and oversee
programs and activities to inform members of
the National Guard and their families on how to
access behavioral health services.
(iv) To develop, coordinate, and oversee
programs and activities of education and
training for leadership of the National Guard
on matters relating to the psychological health
of members of the National Guard.
(v) To develop, coordinate, and oversee
programs and activities to assist members of
the National Guard and their families in
building psychological fitness and resilience
while dispelling the stigma associated with
seeking and obtaining mental health services.
(vi) To develop, coordinate, and oversee
programs and activities to coordinate
psychological care for members of the National
Guard during their transition from Warrior
Transitions Units (WTUs) to their local
communities.
(vii) To improve access of members of the
National Guard and their families to
psychological care through coordination with
appropriate State agencies and community-based
behavioral health services providers.
(viii) To develop and implement assessments
of the resource needs of community-based
behavior health service providers in order to
provide members of the National Guard and their
families with the behavioral health services
they require.
(ix) To coordinate with other psychological
health components of and for the reserve
components of the Armed Forces.
(x) To coordinate and oversee
implementation of other Department of Defense
initiatives to ensure that members of the
National Guard and their families are aware of
and informed about the psychological health
initiatives of the Department of Defense.
(xi) To participate in national and
regional work groups developing programs and
activities to address the psychological needs
of members of the National Guard and their
families.
(xii) To conduct outreach to and education
for families of members of the National Guard
on recognition of mental health problems,
including Post Traumatic Stress Disorder (PTSD)
and other mental health problems, in members of
the National Guard.
(3) National guard psychological health council.--
(A) In general.--The Chief of the National Guard
Bureau shall establish for the purposes of the Program
a council to be known as the ``National Guard
Psychological Health Council''.
(B) Membership.--The members of the National Guard
Psychological Health Council shall be the Directors of
Psychological Health assigned under subsection (b) and
the Directors of Psychological Health under paragraph
(2).
(C) Organization.--The National Guard Psychological
Health Council may carry out its duties on a national
or regional basis as considered appropriate by the
Council.
(D) Duties.--The National Guard Psychological
Health Council shall have the following duties:
(i) To oversee and coordinate the
development of the Program and any programs and
activities to be carried out under the Program.
(ii) To ensure consistency nationally in
the programs and activities to be carried out
under the Program.
(iii) To act as advisors to the Chief of
the National Guard Bureau for all matters
relating to the psychological needs of members
of the National Guard and their families.
(iv) To ensure the dissemination of best
practices in behavioral health care services to
providers of behavioral health care services to
members of the National Guard and their
families.
(v) To develop uniform standards for
measuring success in the provision of
behavioral health care services to members of
the National Guard and their families.
(4) Collaboration.--
(A) In general.--The National Guard Bureau and the
Department of Defense shall work collaboratively in
implementing and carrying out the Program.
(B) Other collaboration.--In carrying out programs
and activities under the Program, the Directors of
Psychological Health assigned under subsection (b) and
the Directors of Psychological Health under paragraph
(2) shall work with the following:
(i) The Department of Veterans Affairs.
(ii) The Substance Abuse and Mental Health
Services Administration of the Department of
Health and Human Services.
(iii) Appropriate State agencies, including
State mental health agencies and State veterans
agencies.
(d) Territory Defined.--In this section, the term ``Territory'' has
the meaning given that term in section 101(1) of title 32, United
States Code.
(e) Authorization of Appropriations.--There is hereby authorized to
be appropriated for the Department of Defense for fiscal year 2009 for
operation and maintenance, $8,035,000, which shall be available for the
Joint Psychological Health Program under this section in that fiscal
year.
SEC. 4. PILOT PROGRAMS ON PRE-DEPLOYMENT AND POST-DEPLOYMENT TELEMENTAL
HEALTH SERVICES FOR MEMBERS OF THE NATIONAL GUARD AND
RESERVE.
(a) Pilot Programs Required.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly carry out one or more pilot
programs on the provision of mental health services to members
of the National Guard and Reserve, both before and after
deployment, through telemental health technologies in order to
assess the feasability and advisability of utilizing of such
technologies for the provision of mental health services to
members of the National Guard and Reserve both before and after
deployment.
(2) Discharge with respect to national guard.--Each pilot
program carried out under this section with respect to members
of the National Guard shall be carried out in consultation with
the Chief of the National Guard Bureau.
(3) Coordination.--The Secretary of Defense and the
Secretary of Veterans Affairs shall carry out the pilot
programs in coordination with the Substance Abuse and Mental
Health Services Administration of the Department of Health and
Human Services and such other departments and agencies of the
Federal Government as the Secretaries consider appropriate to
assure quality in the provision of mental health services to
members of the National Guard and Reserve under the pilot
programs.
(b) Program Requirements.--
(1) Locations.--
(A) In general.--The pilot programs under this
section shall be carried out in such location or
locations as the Secretary of Defense and the Secretary
of Veterans Affairs shall jointly select.
(B) Emphasis on services to members in rural
areas.--In selecting locations for pilot programs, the
Secretary of Defense and the Secretary of Veterans
Affairs shall afford an emphasis to locations in which
services under the pilot programs are provided to
members of the National Guard and Reserve residing in a
rural area.
(2) Utilization of evidence-based practices.--Each pilot
program under this section shall utilize telemental health
technologies that have proven effective in the provision of
mental health services to members of the Armed Forces.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to Congress
a report on the pilot programs carried out under this section.
(2) Elements.--The report under paragraph (1) shall
including a description of each pilot program carried out under
this section, including--
(A) the types of mental health services provided;
(B) the types of telemental health technologies
utilized in providing such services;
(C) the number of members of the National Guard and
Reserve provided such services; and
(D) the outcomes for members of the National Guard
and Reserve in receiving such services.
(d) Authorization of Appropriations.--There is hereby authorized to
be appropriated for the Department of Defense for fiscal year 2009 for
operation and maintenance, $2,005,000, to carry out pilot programs
under this section in such fiscal year.
SEC. 5. ANTI-STIGMA CAMPAIGN REGARDING MENTAL HEALTH SERVICES AMONG
MEMBERS OF THE NATIONAL GUARD AND RESERVE RETURNING FROM
DEPLOYMENT AND THEIR FAMILIES.
(a) Campaign Required.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly carry out a program of
outreach intended to reduce the stigma among members of the
National Guard and Reserve returning from deployment, and their
families, associated with seeking and obtaining mental health
services.
(2) Discharge with respect to national guard.--The campaign
carried out under this section with respect to members of the
National Guard shall be carried out in consultation with the
Chief of the National Guard Bureau.
(3) Coordination.--The Secretary of Defense and the
Secretary of Veterans Affairs shall carry out the campaign in
coordination with the Substance Abuse and Mental Health
Services Administration of the Department of Health and Human
Services.
(b) Elements.--In carrying out the campaign required by this
section, the Secretary of Defense and the Secretary of Veterans Affairs
shall carry out such programs and activities (including the award of
contracts, grants, and cooperative agreements with appropriate
entities) as the Secretaries consider appropriate to reduce the stigma
among members of the National Guard and Reserve returning from
deployment, and their families, associated with seeking and obtaining
mental health services.
(c) Authorization of Appropriations.--There is hereby authorized to
be appropriated for fiscal year 2009, $2,000,000, to carry out this
section. | National Guard and Reserve Mental Health Access Act of 2008 - Requires the Secretary of Defense to: (1) provide for the implementation of the Yellow Ribbon Reintegration Program for members of the National Guard and reserves and their families required by section 582 of the National Defense Authorization Act for Fiscal Year 2008 by not later than 180 days after the date of the enactment of this Act; and (2) report to the congressional defense committees on that Program's implementation.
Directs the Secretary to carry out a joint psychological health program to: (1) increase access to and the provision of psychological health care and related services for members of the National Guard following their deployment, and their families; (2) improve coordination among DOD components in the provision of such care during members' transition from active duty to civilian life; and (3) coordinate and oversee DOD efforts to assist members of the National Guard with mental illness and members with traumatic brain injury post-deployment.
Requires the Chief of the National Guard Bureau to establish the National Guard Psychological Health Council.
Directs the Secretaries of Defense and Veterans Affairs to jointly carry out: (1) one or more pilot programs on the provision of mental health services to members of the National Guard and reserves, both before and after deployment, through telemental health technologies; and (2) an outreach program intended to reduce the stigma, among members of the National Guard and reserves returning from deployment, and their families, associated with seeking and obtaining mental health services. | {"src": "billsum_train", "title": "A bill to expand and improve mental health care and reintegration programs for members of the National Guard and Reserve, and for other purposes."} | 2,912 | 305 | 0.752001 | 2.13694 | 0.864244 | 4.591065 | 9.580756 | 0.948454 |
That this Act may be cited as the ``Reform of Federal Intervention in
State Proceedings Act of 1993''.
Sec. 2. Section 2244 of title 28, United States Code, is amended by
adding at the end thereof the following new subsections:
``(d) When a person in custody pursuant to the judgment of a State
court fails to raise a claim in State proceedings at the time or in the
manner required by State rules of procedure, the claim shall not be
entertained in an application for a writ of habeas corpus unless actual
prejudice resulted to the applicant from the alleged denial of the
Federal right asserted and--
``(1) the failure to raise the claim properly or to have it
heard in State proceedings was the result of State action in
violation of the Constitution or laws of the Unites States;
``(2) the Federal right asserted was newly recognized by
the Supreme Court subsequent to the procedural default and is
retroactively applicable; or
``(3) the factual predicate of the claim could not have
been discovered through the exercise of reasonable diligence
prior to the procedural default.
``(e) A one-year period of limitation shall apply to an application
for a writ of habeas corpus by a person in custody pursuant to the
judgment of a State court. The limitation period shall run from the
latest of the following times:
``(1) the time at which State remedies are exhausted;
``(2) the time at which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the Untied States is removed, where the
applicant was prevented from filing by such State action;
``(3) the time at which the Federal right asserted was
initially recognized by the Supreme Court, where the right has
been newly recognized by the Court and is retroactively
applicable; or
``(4) the time at which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of reasonable diligence.''.
Sec. 3. Section 2253 of title 28, United States Code, is amended to
read as follows:
``Sec. 2253. Appeal
``In a habeas corpus proceeding or a proceeding under section 2255
of this title before a circuit or district judge, the final order shall
be subject to review, on appeal, by the court of appeals for the
circuit where the proceeding is had.
``There shall be no right of appeal from such an order in a
proceeding to test the validity of a warrant to remove, to another
district or place for commitment or trial, a person charged with a
criminal offense against the United States, or to test the validity of
his detention pending removal proceedings.
``An appeal may not be taken to the court of appeals from the final
order in a habeas corpus proceeding where the detention complained of
arises out of process issued by a State court, or from the final order
in a proceeding under section 2255 of this title, unless a circuit
justice or judge issues a certificate of probable cause.''.
Sec. 4. Federal Rule of Appellate Procedure 22 is amended to read
as follows:
Rule 22
``habeas corpus and Sec. 2255 proceedings
``(a) Application for an Original Writ of Habeas Corpus. An
application for a writ of habeas corpus shall be made to the
appropriate district court. If application is made to a circuit judge,
the application will ordinarily be transferred to the appropriate
district court. If an application is made to or transferred to the
district court and denied, renewal of the application before a circuit
judge is not favored; the proper remedy is by appeal to the court of
appeals from the order of the district court denying the writ.
``(b) Necessity of Certificate of Probable Cause for Appeal. In a
habeas corpus proceeding in which the detention complained of arises
out of process issued by a State court, and in a motion proceeding
pursuant to section 2255 of title 28, United States Code, an appeal by
the applicant or movant may not proceed unless a circuit judge issues a
certificate or probable cause. If a request for a certificate of
probable cause is addressed to the court of appeals, it shall be deemed
addressed to the judges thereof and shall be considered by a circuit
judge or judges as the court deems appropriate. If no express request
for a certificate is filed, the notice of appeal shall be deemed to
constitute a request addressed to the judges of the court of appeals.
If an appeal is taken by a State or the government or its
representative, a certificate of probable cause is not required.''.
Sec. 5. Section 2254 of title 28, United States Code, is amended by
redesignating subsections ``(e)'' and ``(f)'' as subsections ``(f)''
and ``(g)'', respectively, and is further amended--
(a) by amending subsection (b) to read as follows:
``(b) An application for a writ of habeas corpus in behalf of a
person in custody pursuant to the judgment of a State court shall not
be granted unless it appears that the applicant has exhausted the
remedies available in the courts of the State, or that there is either
an absence of available State corrective process or the existence of
circumstances rendering such process ineffective to protect the rights
of the applicant. An application may be denied on the merits
notwithstanding the failure of the applicant to exhaust the remedies
available in the courts of the States.'';
(b) by redesignating subsection ``(d)'' as subsection
``(e)'', and amending it to read as follows:
``(e) In a proceeding instituted by an application for a writ of
habeas corpus by a person in custody pursuant to the judgment of a
State court, a full and fair determination of a factual issue made in
the case by a State court shall be presumed to be correct. The
applicant shall have the burden of rebutting this presumption by clear
and convincing evidence.''; and
(c) by adding a new subsection (d) reading as follows:
``(d) An application for a writ of habeas corpus in behalf of a
person in custody pursuant to the judgment of a State court shall not
be granted with respect to any claim that has been fully and fairly
adjudicated in State proceedings.''.
Sec. 6. Section 2255 of title 28, United States Code, is amended by
deleting the second paragraph and the penultimate paragraph thereof,
and by adding at the end thereof the following new paragraphs:
``When a person fails to raise a claim at the time or in the manner
required by Federal rules of procedure, the claim shall not be
entertained in a motion under this section unless actual prejudice
resulted to the movant from the alleged denial of the right asserted
and--
``(1) the failure to raise the claim properly, or to have
it heard, was the result of governmental action in violation of
the Constitution or laws of the Unites States;
``(2) the right asserted was newly recognized by the
Supreme Court subsequent to the procedural default and is
retroactively applicable; or
``(3) the factual predicate of the claim could not have
been discovered through the exercise of reasonable diligence
prior to the procedural default.
``A two-year period of limitation shall apply to a motion under
this section. The limitation period shall run from the latest of the
following times;
``(1) the time at which the judgment of conviction becomes
final;
``(2) the time at which the impediment to making a motion
created by governmental action in violation of the Constitution
or laws of the United States is removed, where the movant was
prevented from making a motion by such governmental action;
``(3) the time at which the right asserted was initially
recognized by the Supreme Court, where the right has been newly
recognized by the Court and is retroactively applicable; or
``(4) the time at which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of reasonable diligence.''. | Reform of Federal Intervention in State Proceedings Act of 1993 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence.
Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners and a two-year statute of limitations for similar motions made by Federal prisoners.
Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.
Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies.
Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. | {"src": "billsum_train", "title": "Reform of Federal Intervention in State Proceedings Act of 1993"} | 1,819 | 229 | 0.568778 | 1.572541 | 0.855783 | 2.475676 | 9.281081 | 0.810811 |
SECTION 1. PARTIAL EXPENSING FOR ADVANCED MINE SAFETY EQUIPMENT.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179D the following new section:
``SEC. 179E. ELECTION TO EXPENSE ADVANCED MINE SAFETY EQUIPMENT.
``(a) Treatment as Expenses.--A taxpayer may elect to treat 50
percent of the cost of any qualified advanced mine safety equipment
property as an expense which is not chargeable to capital account. Any
cost so treated shall be allowed as a deduction for the taxable year in
which the qualified advanced mine safety equipment property is placed
in service.
``(b) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year. Such election
shall specify the advanced mine safety equipment property to
which the election applies and shall be made in such manner as
the Secretary may by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Advanced Mine Safety Equipment Property.--For
purposes of this section, the term `qualified advanced mine safety
equipment property' means any advanced mine safety equipment property
for use in any underground mine located in the United States--
``(1) the original use of which commences with the
taxpayer, and
``(2) which is placed in service by the taxpayer after the
date of the enactment of this section.
``(d) Advanced Mine Safety Equipment Property.--For purposes of
this section, the term `advanced mine safety equipment property' means
any of the following:
``(1) Emergency communication technology or device which is
used to allow a miner to maintain constant communication with
an individual who is not in the mine.
``(2) Electronic identification and location device which
allows an individual who is not in the mine to track at all
times the movements and location of miners working in or at the
mine.
``(3) Emergency oxygen-generating, self-rescue device which
provides oxygen for at least 90 minutes.
``(4) Pre-positioned supplies of oxygen which (in
combination with self-rescue devices) can be used to provide
each miner on a shift, in the event of an accident or other
event which traps the miner in the mine or otherwise
necessitates the use of such a self-rescue device, the ability
to survive for at least 48 hours.
``(5) Comprehensive atmospheric monitoring system which
monitors the levels of carbon monoxide, methane, and oxygen
that are present in all areas of the mine and which can detect
smoke in the case of a fire in a mine.
``(e) Special Rules.--
``(1) Coordination with section 179.--No expenditures shall
be taken into account under subsection (a) with respect to the
portion of the cost of any property specified in an election
under section 179.
``(2) Basis reduction.--For purposes of this title, the
basis of any property shall be reduced by the portion of the
cost of such property taken into account under subsection (a).
``(f) Termination.--This section shall not apply to property placed
in service after the date which is 3 years after the date of the
enactment of this section.''.
(b) Alternative Election to Increase Minimum Tax Limitation.--
Section 53 of such Code (relating to credit for prior year minimum tax
liability) is amended by adding at the end the following new
subsection:
``(e) Temporary Election to Increase Minimum Tax Limitation for
Mine Safety Investments.--
``(1) In general.--A taxpayer may elect to increase the
limitation under subsection (c) for a taxable year by the cost
of any qualified advanced mine safety equipment property, as
defined for purposes of section 179E, placed into service
during such taxable year.
``(2) Election.--
``(A) In general.--An election under this
subsection for any taxable year shall be made on the
taxpayer's return of the tax imposed by this chapter
for the taxable year. Such election shall specify the
advanced mine safety equipment property to which the
election applies and shall be made in such manner as
the Secretary may by regulations prescribe.
``(B) Election irrevocable.--Any election made
under this subsection may not be revoked except with
the consent of the Secretary.
``(C) No double benefit.--A taxpayer making an
election under this subsection for any taxable year may
not make an election for such year under section 179E.
``(3) Credit refundable.--The aggregate increase in the
credit allowed by this section for any taxable year by reason
of this subsection shall for purposes of this title (other than
subsection (b)(2) of this section) be treated as a credit
allowed to the taxpayer under subpart C.
``(4) Termination.--The election made under this subsection
shall not apply with respect to property placed in service
after the date which is 3 years after the date of the enactment
of this section.''.
(c) Conforming Amendments.--
(1) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (J), by striking the period
at the end of subparagraph (K) and inserting ``, or'', and by
inserting after subparagraph (K) the following new
subparagraph:
``(L) expenditures for which a deduction is allowed
under section 179E.''.
(2) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179D'' each place it appears in the heading and
text thereof and inserting ``179D, or 179E''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period at
the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(38) to the extent provided in section 179E(e)(2).''.
(4) Section 1245(a)(2)(C) of such Code is amended by
inserting ``179E,'' after ``179D,''.
(5) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179D the following new item:
``Sec. 179E. Election to expense advanced mine safety equipment''.
(d) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after the date of the enactment of this
Act.
SEC. 2. MINE RESCUE TEAM TRAINING TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45N. MINE RESCUE TEAM TRAINING CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the mine
rescue team training credit determined under this section with respect
to any eligible employer for any taxable year is an amount equal to the
lesser of--
``(1) 20 percent of the amount paid or incurred by the
taxpayer during the taxable year with respect to the training
program costs of each qualified mine rescue team employee
(including wages of such employee while attending such
program), or
``(2) $10,000 per qualified mine rescue team employee.
``(b) Qualified Mine Rescue Team Employee.--For purposes of this
section, the term `qualified mine rescue team employee' means with
respect to any taxable year any full-time employee of the taxpayer who
is--
``(1) a miner eligible for more than 6 months of such
taxable year to serve as a mine rescue team member as a result
of completing, at a minimum, an initial 20-hour course of
instruction as prescribed by the Mine Safety and Health
Administration's Office of Educational Policy and Development,
or
``(2) a miner eligible for more than 6 months of such
taxable year to serve as a mine rescue team member by virtue of
receiving at least 40 hours of refresher training in such
instruction.
``(c) Eligible Employer.--For purposes of this section, the term
`eligible employer' means any taxpayer which employs individuals as
miners in underground mines in the United States.
``(d) Wages.--For purposes of this section, the term `wages' has
the meaning given to such term by subsection (b) of section 3306
(determined without regard to any dollar limitation contained in such
section).
``(e) Termination.--This section shall not apply to taxable years
beginning after December 31, 2008.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``and'' at the end of paragraph (29),
by striking the period at the end of paragraph (30) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(31) the mine rescue team training credit determined
under section 45N(a).''.
(c) Credit Allowed Against Minimum Tax.--Subparagraph (B) of
section 38(c)(4) of such Code (relating to specified credits) is
amended by redesignating clause (ii) as clause (iii) and inserting
after clause (i) the following new clause:
``(ii) for taxable years beginning after
December 31, 2005, and before January 1, 2009,
the mine rescue team training credit determined
under section 45N(a).''.
(d) No Double Benefit.--Section 280C of such Code is amended by
adding at the end the following new subsection:
``(e) Mine Rescue Team Training Credit.--No deduction shall be
allowed for that portion of the expenses otherwise allowable as a
deduction for the taxable year which is equal to the amount of the
credit determined for the taxable year under section 45N(a).''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45N. Mine rescue team training credit''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005. | Amends the Internal Revenue Code to allow a taxpayer election to expense (i.e., deduct in the current taxable year) 50% of the cost of qualified advanced mine safety equipment property. Defines such property to include: (1) an emergency communication technology or device for constant communication with individuals outside the mine; (2) an electronic identification and location device; (3) an emergency oxygen-generating device; (4) pre-positioned oxygen supplies; and (5) a comprehensive atmospheric monitoring system to monitor levels of carbon monoxide and other gases present in a mine.
Allows employers a business-related tax credit for the lesser of 20% of the training costs of their qualified mine rescue team employees or $10,000 for each such employee. Defines such an employee as one who receives a certain level of mine safety training as prescribed by the Mine Safety and Health Administration. Terminates such credit after 2008. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax relief to promote investments in mine safety."} | 2,406 | 185 | 0.592688 | 1.743286 | 0.776638 | 2.579545 | 12.397727 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Enhanced
Security Cooperation Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 1948, United States Presidents and both houses of
Congress, on a bipartisan basis and supported by the American
people, have repeatedly reaffirmed the special bond between the
United States and Israel, based on shared values and shared
interests.
(2) The Middle East is undergoing rapid change, bringing
with it hope for an expansion of democracy but also great
challenges to the national security of the United States and
our allies in the region, particularly our most important ally
in the region, Israel. Over the past year, the Middle East has
witnessed the fall of some regimes long considered to be
stabilizing forces and a rise in the influence of radical
Islamists.
(3) Iran, which has long sought to foment instability and
promote extremism in the Middle East, is now seeking to exploit
the dramatic political transition underway in the region to
undermine governments traditionally aligned with the United
States and support extremist political movements in these
countries.
(4) At the same time, Iran may soon attain a nuclear
weapons capability, a development that would fundamentally
threaten vital American interests, destabilize the region,
encourage regional nuclear proliferation, further empower and
embolden Iran, the world's leading state sponsor of terrorism,
and provide it the tools to threaten its neighbors, including
Israel.
(5) Over the past several years, with the assistance of
Iran and Syria, Hizballah and Hamas have increased their
stockpiles of rockets, with more than 60,000 rockets now ready
to be fired at Israel. Iran continues to add to its arsenal of
ballistic missiles and cruise missiles, which threaten Iran's
neighbors, Israel, and United States military forces in the
region.
(6) As a result, the strategic environment that has kept
Israel secure and safeguarded United States national interests
for the past 35 years has eroded.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States:
(1) To reaffirm the enduring commitment of the United
States to the security of the State of Israel as a Jewish
state. As President Obama stated on December 16, 2011,
``America's commitment and my commitment to Israel and Israel's
security is unshakeable.''. And as President Bush stated before
the Knesset on the 60th anniversary of the founding of the
State of Israel on May 15, 2008, ``The alliance between our
governments is unbreakable, yet the source of our friendship
runs deeper than any treaty.''.
(2) To provide Israel the military capabilities necessary
to deter and defend itself by itself against any threats.
(3) To veto any one-sided anti-Israel resolutions at the
United Nations Security Council.
(4) To support Israel's inherent right to self-defense.
(5) To pursue avenues to expand cooperation with Israel in
both defense and across the spectrum of civilian sectors,
including high technology, agriculture, medicine, health,
pharmaceuticals, and energy.
(6) To assist Israel with its on-going efforts to forge a
peaceful, negotiated settlement of the Israeli-Palestinian
conflict that results in two states living side by side in
peace and security, and to encourage Israel's neighbors to
recognize Israel's right to exist as a Jewish state.
SEC. 4. UNITED STATES ACTIONS TO ASSIST IN THE DEFENSE OF ISRAEL AND
PROTECT AMERICAN INTERESTS.
(a) Sense of Congress.--It is the sense of Congress that the United
States should take the following actions to assist in the defense of
Israel:
(1) Provide Israel such support as may be necessary to
increase development and production of joint missile defense
systems, particularly such systems that defend the urgent
threat posed to Israel and United States forces in the region.
(2) Provide Israel assistance specifically for the
production and procurement of the Iron Dome defense system for
purposes of intercepting short-range missiles, rockets, and
projectiles launched against Israel.
(3) Provide Israel defense articles and defense services
through such mechanisms as appropriate, to include air
refueling tankers, missile defense capabilities, and
specialized munitions.
(4) Allocate additional weaponry and munitions for the
forward-deployed United States stockpile in Israel.
(5) Provide Israel additional surplus defense articles and
defense services, as appropriate, in the wake of the withdrawal
of United States forces from Iraq.
(6) Strengthen efforts to prevent weapons smuggling into
Gaza pursuant to the 2005 Agreement on Movement and Access
following the Israeli withdrawal from Gaza and to protect
against weapons smuggling and terrorist threats from the Sinai
Peninsula.
(7) Offer the Israeli Air Force additional training and
exercise opportunities in the United States to compensate for
Israel's limited air space.
(8) Expand Israel's authority to make purchases under the
Foreign Military Financing program on a commercial basis.
(9) Seek to enhance the capabilities of the United States
and Israel to address emerging common threats, increase
security cooperation, and expand joint military exercises.
(10) Encourage an expanded role for Israel within the North
Atlantic Treaty Organization (NATO), including an enhanced
presence at NATO headquarters and exercises.
(11) Support extension of the long-standing loan guarantee
program for Israel, recognizing Israel's unbroken record of
repaying its loans on time and in full.
(12) Expand already-close intelligence cooperation,
including satellite intelligence, with Israel.
(b) Report on Israel's Qualitative Military Edge.--
(1) Statement of policy.--It is the policy of the United
States--
(A) to help Israel preserve its qualitative
military edge amid rapid and uncertain regional
political transformation; and
(B) to encourage further development of advanced
technology programs between the United States and
Israel given current trends and instability in the
region.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
on the status of Israel's qualitative military edge in light of
current trends and instability in the region.
(c) Reports on Other Matters.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report on each of the following:
(1) Taking into account Israel's urgent requirement for F-
35 aircraft, actions to improve the process relating to
Israel's purchase of F-35 aircraft to improve cost efficiency
and timely delivery.
(2) Efforts to expand cooperation between the United States
and Israel in homeland security, counter-terrorism, maritime
security, energy, cybersecurity, and other appropriate areas.
(3) Actions to integrate Israel into the defense of the
Eastern Mediterranean.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign Affairs
of the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, and the Committee on Foreign
Relations of the Senate.
(2) Qualitative military edge.--The term ``qualitative
military edge'' has the meaning given the term in section
36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)).
SEC. 5. EXTENSION OF AUTHORITY TO PROVIDE LOAN GUARANTEES TO ISRAEL.
(a) In General.--Chapter 5 of title I of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11), as amended,
is further amended in the item relating to ``Loan Guarantees to
Israel''--
(1) in the matter preceding the first proviso, by striking
``September 30, 2011'' and inserting ``September 30, 2015'';
and
(2) in the second proviso, by striking ``September 30,
2011'' and inserting ``September 30, 2015''.
(b) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act.
Passed the House of Representatives May 9, 2012.
Attest:
KAREN L. HAAS,
Clerk. | United States-Israel Enhanced Security Cooperation Act of 2012 - Expresses the sense of Congress that the United States should take specified actions to assist in Israel's defense.
States that is U.S. policy to: (1) help Israel preserve its qualitative military edge amid regional political transformation, and (2) encourage further development of advanced technology programs between the United States and Israel.
Directs the President to report to Congress on: (1) the status of Israel's qualitative military edge in light of current regional trends and instability; (2) actions to improve the process relating to Israel's purchase and receipt of F-35 aircraft; (3) efforts to expand cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cyber security, and other appropriate areas; and (4) actions to integrate Israel into the defense of the Eastern Mediterranean.
Amends the Emergency Wartime Supplemental Appropriations Act, as amended, to extend authority for loan guarantees to Israel through September 30, 2015. | {"src": "billsum_train", "title": "To express the sense of Congress regarding the United States-Israel strategic relationship, to direct the President to submit to Congress reports on United States actions to enhance this relationship and to assist in the defense of Israel, and for other purposes."} | 1,833 | 204 | 0.537027 | 1.656025 | 0.80893 | 4.634518 | 8.761421 | 0.959391 |
SECTION 1. CLARIFICATION OF THE NORMAL RETIREMENT AGE.
(a) Amendments to ERISA.--Section 204 of the Employee Retirement
Income Security Act of 1974 is amended by redesignating subsection (k)
as subsection (l) and by inserting after subsection (j) the following
new subsection:
``(k) Special Rule for Determining Normal Retirement Age for
Certain Existing Defined Benefit Plans.--
``(1) In general.--For purposes of section 3(24), an
applicable plan shall not be treated as failing to meet any
requirement of this title, or as failing to have a uniform
normal retirement age for purposes of this title, solely
because the plan has adopted the normal retirement age
described in paragraph (2).
``(2) Applicable plan.--For purposes of this subsection--
``(A) In general.--The term `applicable plan' means
a defined benefit plan that, on or before the date of
the introduction of this subsection, has adopted a
normal retirement age which is the earlier of--
``(i) an age otherwise permitted under
section 3(24), or
``(ii) the age at which a participant
completes the number of years (not less than 30
years) of benefit accrual service specified by
the plan.
A plan shall not fail to be treated as an applicable
plan solely because, as of such date, the normal
retirement age described in the preceding sentence only
applied to certain participants or to certain employers
participating in the plan.
``(B) Expanded application.--Subject to
subparagraph (C), if, after the date described in
subparagraph (A), an applicable plan expands the
application of the normal retirement age described in
subparagraph (A) to additional participants or
participating employers, such plan shall be treated as
an applicable plan also with respect to such
participants or participating employers.
``(C) Limitation on expanded application.--A
defined benefit plan shall be an applicable plan only
with respect to an individual who--
``(i) is a participant in the plan on or
before January 1, 2017, or
``(ii) is an employee at any time on or
before January 1, 2017 of any employer
participating in the plan, and who becomes a
participant in such plan after such date.''.
(b) Amendment to 1986 Code.--Section 411 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(f) Special Rule for Determining Normal Retirement Age for
Certain Existing Defined Benefit Plans.--
``(1) In general.--For purposes of subsection (a)(8), an
applicable plan shall not be treated as failing to meet any
requirement of this subchapter, or as failing to have a uniform
normal retirement age for purposes of this subchapter, solely
because the plan has adopted the normal retirement age
described in paragraph (2).
``(2) Applicable plan.--For purposes of this subsection--
``(A) In general.--The term `applicable plan' means
a defined benefit plan that, on or before the date of
the introduction of this subsection, has adopted a
normal retirement age which is the earlier of--
``(i) an age otherwise permitted under
subsection (a)(8), or
``(ii) the age at which a participant
completes the number of years (not less than 30
years) of benefit accrual service specified by
the plan.
A plan shall not fail to be treated as an applicable
plan solely because, as of such date, the normal
retirement age described in the preceding sentence only
applied to certain participants or to certain employers
participating in the plan.
``(B) Expanded application.--Subject to
subparagraph (C), if, after the date described in
subparagraph (A), an applicable plan expands the
application of the normal retirement age described in
subparagraph (A) to additional participants or
participating employers, such plan shall be treated as
an applicable plan also with respect to such
participants or participating employers.
``(C) Limitation on expanded application.--A
defined benefit plan shall be an applicable plan only
with respect to an individual who--
``(i) is a participant in the plan on or
before January 1, 2017, or
``(ii) is an employee at any time on or
before January 1, 2017, of any employer
participating in the plan, and who becomes a
participant in such plan after such date.''.
(c) Effective Date.--The amendments made by this section shall
apply to all periods before, on, and after the date of enactment of
this Act. | Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to formulate a special rule for determining normal retirement age for certain existing defined benefit plans. | {"src": "billsum_train", "title": "To establish a special rule for determining normal retirement age for certain existing defined benefit plans."} | 1,019 | 40 | 0.557299 | 1.263434 | 0.613655 | 3.882353 | 28.088235 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Executive Organization
Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Executive Organization'' (hereinafter in this Act referred to as the
``Commission'').
SEC. 3. FUNCTIONS OF COMMISSION; REPORT; IMPLEMENTATION OF
RECOMMENDATIONS.
(a) Functions.--The Commission shall examine and make
recommendations with respect to an effective and practicable
organization of the executive branch of the Federal Government,
including recommendations regarding--
(1) criteria for use by the President and the Congress in
evaluating proposals for changes in the structure of the
executive branch of the Federal Government, including criteria
for use by the President and the Congress in evaluating and
overseeing Government-sponsored enterprises, Government
corporations, and independent agencies;
(2) the organization of the executive branch into not more
than 8 departments, which shall include the Department of
State, the Department of the Treasury, the Department of
Justice, and the Department of Defense;
(3) the reorganization of independent agencies and
Government corporations;
(4) the most effective and practicable structure of the
Executive Office of the President for conducting oversight of
the executive branch, and criteria for use by such Office in
evaluating and overseeing the performance of the executive
branch; and
(5) functions being performed by Federal Government
agencies as of the effective date of this Act that should be
performed by State or local agencies or by the private sector.
The Commission shall seek to reduce the total number of individuals
employed by the Federal Government by 5 percent within 5 years after
the effective date of this Act.
(b) Report.--The Commission, by not later than 6 months after the
completion of appointment of the members of the Commission, shall
submit a report to the President which contains a detailed statement
of--
(1) its recommendations under subsection (a); and
(2) legislative changes necessary to implement such
recommendations.
(c) Implementation of Recommendations.--
(1) Executive order.--The President, by as soon as
practicable after the date of the receipt by the President of
the Commission report under subsection (b), shall issue an
Executive order which implements the recommendations made in
the report.
(2) Report to congress.--The President, by not later than
the date the President issues an Executive order under
paragraph (1), shall transmit to the Congress a report
containing the recommendations for legislation submitted by the
Commission under subsection (b)(2).
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) In General.--The Commission shall consist of 7 members, as
follows:
(1) The Secretary of State.
(2) The Secretary of the Treasury.
(3) The Attorney General of the United States.
(4) The Secretary of Defense.
(5) The Director of the Office of Management and Budget.
(6) 2 members appointed by the President from among other
officials in the executive branch of the Federal Government.
(b) Completion of Appointments.--The President, by not later than
30 days after the effective date of this Act, shall complete
appointment of members of the Commission pursuant to subsection (a)(6)
and identify those appointees to the Congress.
(c) Chairman.--The President shall designate a member of the
Commission to be its Chairman.
SEC. 5. RESTRICTION ON PAY, ALLOWANCES, AND BENEFITS.
A member of the Commission shall receive no pay, allowances, or
benefits by reason of his or her service on the Commission.
SEC. 6. POWERS OF COMMISSION.
(a) Meetings.--The Commission may, for the purpose of carrying out
this section, hold such hearings and sit and act at such times and
places, as the Commission considers appropriate.
(b) Rules.--The Commission may adopt such rules as may be necessary
to establish procedures and to govern the manner of the operation,
organization, and personnel of the Commission.
(c) Assistance From Federal Agencies.--
(1) Information.--The Commission may request from the head
of any department, agency, or other instrumentality of the
Federal Government such information as the Commission may
require for the purpose of carrying out this Act. The head of
such department, agency, or instrumentality shall, to the
extent otherwise permitted by law, furnish such information to
the Commission upon request made by the Chairman.
(2) Facilities, services, and personnel.--Upon request of
the Chairman of the Commission, the head of any department,
agency, or other instrumentality of the Federal Government
shall, to the extent possible and subject to the discretion of
such head--
(A) make any of the facilities and services of such
department, agency, or instrumentality available to the
Commission; and
(B) detail any of the personnel of such department,
agency, or instrumentality to the Commission, on a non
reimbursable basis, to assist the Commission in
carrying out the duties of the Commission under this
Act.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as the departments and
agencies of the Federal Government.
(e) Contracts for Research and Surveys.--The Commission may, to
such extent and in such amounts as are provided in appropriations Acts,
enter into contracts with State agencies, private firms, institutions,
and individuals for the purpose of conducting research or surveys
necessary to enable the Commission to discharge the duties of the
Commission under this Act.
(f) Executive Director and Staff.--Subject to such rules and
regulations as may be adopted by the Commission, the Chairman of the
Commission may appoint, terminate, and fix the pay of an Executive
Director and of such additional staff as the Chairman considers
appropriate to assist the Commission. The Chairman may fix the pay of
personnel appointed under this subsection without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code (relating to the number or classification of
employees and to rates of pay), the provisions of such title governing
appointments in the competitive service, and any other similar
provision of law; except that no rate of pay fixed under this
subsection may exceed a rate equal to the maximum rate of pay payable
for a position above GS-15 of the General Schedule under section 5108
of such title.
SEC. 7. APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.
The Commission shall be an advisory committee for purposes of the
Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall cease to exist on the date that is 30 days
after the date on which the Commission submits the report required
under section 3(b).
SEC. 9. PREPARATION FOR THE COMMISSION.
Not later than 90 days after the effective date of this Act, the
Comptroller General of the United States, the Director of the
Congressional Research Service, the Director of the Congressional
Budget Office, and the Director of the Office of Technology Assessment
shall each submit to the Commission an index to, and synopses of,
materials on executive organization that such official considers useful
to the Commission. Subject to laws governing the disclosure of
classified or otherwise restricted information, such materials may
include reports, analyses, recommendations, and results of research of
such organizations.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission not more
than $1,500,000 for carrying out this Act.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect on February 1, 1994. | Commission on Executive Organization Act - Establishes the Commission on Executive Organization to examine and make recommendations with respect to an effective and practicable organization of the executive branch. Requires the Commission to seek to reduce the total number of Federal employees by five percent within five years after the effective date of this Act. Requires the Commission to submit a report to the President describing its recommendations and legislative changes necessary to implement such recommendations. Requires the President to: (1) issue an Executive order implementing the recommendations made in the report; and (2) report to the Congress on the Commission's recommendations for legislation.
Requires the Directors of the Congressional Research Service, the Congressional Budget Office, and the Office of Technology Assessment to submit to the Commission indices to, and synopses of, materials on executive organization useful to the Commission.
Authorizes appropriations. | {"src": "billsum_train", "title": "Commission on Executive Organization Act"} | 1,645 | 187 | 0.653453 | 1.659276 | 0.874447 | 3.668712 | 9.613497 | 0.920245 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Waste Terrorist Threat
Assessment and Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The September 11 terrorist attacks in New York City,
Washington, D.C., and Pennsylvania were the deadliest and
costliest terrorist attacks against the United States in its
history, resulting in the deaths of over 3,000 people at the
World Trade Center, Pentagon, and Pennsylvania crash site.
(2) The economic and cleanup costs as a result of the
September 11 terrorist attacks are estimated at $1,000,000,000
in New York City alone.
(3) The attacks have resulted in massive economic
disruption to the United States. The New York Stock Exchange's
Dow Jones Industrial Average dropped over 12 percent and the
NASDAQ market dropped 11.7 percent within the first 2 weeks
after the attacks.
(4) The September 11 attacks represent a dramatic expansion
in the ability of terrorists to inflict massive damage,
including the wide-scale loss of human life and economic
disruption to the United States and the world.
(5) Terrorists are willing to use any and all methods to
bring about their desire to destroy human life and property.
(6) The terrorists who attacked the United States have
demonstrated their willingness and desire to target innocent
civilians.
(7) Terrorists can be expected to continue to improve their
destructive capabilities. Their networks have become more
sophisticated and resourceful in carrying out heinous acts of
destruction.
(8) Since its inception in March 2002, the threat alert has
consistently been at an ``elevated'' level, reaching a level of
``high'' 4 times.
(9) To counter this threat, the United States should take
every reasonable step, consistent with the principles upon
which this country was founded, to restrict terrorists' ability
to inflict damage against the United States.
(10) Instead of making the United States safer, the
proposed Yucca Mountain Project, as currently designed, would
give terrorists an obvious huge, easy-to-attack target that, at
any point, could cause massive economic and civilian casualties
within the United States.
(11) The Yucca Mountain Project proposes to ship 77,000
tons of deadly high-level radioactive nuclear waste throughout
the United States over the next 30 to 40 years. High-level
radioactive nuclear waste is one of the most toxic substances
known to mankind.
(12) While there is concern about the potential terrorist
attacks directed against spent fuel stored at nuclear
facilities, exponentially more radioactive waste would be
stored, including potentially above ground, at Yucca Mountain,
than at any existing nuclear facility, making Yucca Mountain an
inviting target for terrorism.
(13) The waste would be transported by rail and by truck
through at least 43 States, through hundreds of cities and
towns, and through more than 360 congressional districts.
(14) Findings of the Nevada State Nuclear Projects Agency
demonstrate that a July 18, 2001, train accident in a Baltimore
tunnel created a fire situation that would have been hot enough
to breach a nuclear waste cask and release a cloud of suspended
radioactive particles. Such findings conclude that this type of
contamination would spread over 33 square miles, cost more than
$13,000,000,000 to clean up, and cause up to 31,824 cancer-
related deaths.
(15) At almost every stage of the Yucca Mountain Project,
high-level radioactive nuclear waste would be very vulnerable
to terrorist attacks. Terrorists could attack or steal the waste as it
travels on our roads, highways, railways, or waterways, as it is stored
or moved at intermodal storage facilities or storage depots, or at the
proposed repository itself.
(16) The United States Government, in attempting to
implement the Nuclear Waste Policy Act of 1982, has not
sufficiently addressed the threat of terrorist attacks.
(17) The Department of Energy has failed to address the
Yucca Mountain Project's vulnerability to terrorism and
sabotage, intrusions, trespassing, vandalism, arson, and bomb-
related incidents, as expressed by the State of Nevada and
independent researchers throughout the country. As a result,
the Department of Energy has failed to discuss or provide any
plan for prevention and response to terrorist attacks directed
at Yucca Mountain.
(18) The Department of Energy's current methodology for
assessing risks seriously underestimates those associated with
sabotage and terrorism against radioactive shipments, waste
stored at intermodal storage facilities or storage depots, and
at Yucca Mountain itself.
(19) The Nuclear Regulatory Commission, the agency in
charge of protecting public health and safety and the
environment from the harmful effects of nuclear waste, has not
revised its rules regarding the transportation of nuclear waste
since the early 1970s. The antiquated rules do not address
modern-day threats and weapons, nor the increased risk posed by
today's most violent and maniacal terrorists.
SEC. 3. YUCCA MOUNTAIN PROJECT VULNERABILITY AND DEFENSE PLAN.
The Secretary of Homeland Security shall coordinate the development
and implementation of an interagency plan, in conjunction with
appropriate Federal, State, and local agencies and with public input,
to prepare for and defend against Federal crimes of terrorism targeting
any aspect of the Yucca Mountain Project. The interagency plan shall--
(1) include a comprehensive analysis of the safety and
vulnerability to Federal crimes of terrorism of the Yucca
Mountain Project;
(2) address attacks against--
(A) rail, truck, and barge shipments of nuclear
waste;
(B) facilities, equipment, infrastructure, and
vehicles used for such shipments of nuclear waste;
(C) personnel working for the Yucca Mountain
Project;
(D) all intermediary, staging, transfer,
intermodal, and temporary storage facilities used for
shipping nuclear waste to the Yucca Mountain
repository;
(E) Yucca Mountain repository facilities, vehicles,
and equipment;
(F) all water and power systems used by the Yucca
Mountain Project; and
(G) nuclear waste containers for transportation,
transfer, or storage;
(3) give special emphasis to addressing--
(A) the use of nuclear waste as a radiological
weapon;
(B) the use of high-energy explosives, antitank
missiles, armor-piercing technologies, and other
sophisticated technologies; and
(C) sabotage or theft of high-level nuclear waste;
(4) include a comprehensive strategy for defending the
Yucca Mountain Project against all Federal crimes of terrorism,
which shall address--
(A) vulnerabilities analyzed under paragraph (1);
(B) the defense of the Yucca Mountain Project
against air and ground assaults, truck bombs, attacks
using sophisticated armor-piercing technologies,
suicide attacks, and other potential military-style
attacks;
(C) credible worst-case assumptions about the
timing and location of potential attacks;
(D) the effects of weather conditions during and
after attacks;
(E) the use of expanded no-fly zones, and the
development of policy regarding infractions of a no-fly
zone, over key areas involved in the Yucca Mountain
Project, with emphasis paid to whether the size of the
no-fly zone is sufficient to protect against an
airborne attack, ways of defending against this type of
attack, and whether there is ample time for our
national defense to defend against an infraction of the
no-fly zone;
(F) the use of background and security checks of
all personnel related to the transport of nuclear waste
to Yucca Mountain;
(G) developing a uniform Federal standard for the
use of deadly force to protect all aspects of the Yucca
Mountain Project; and
(H) specific rules of engagement for a potential
airborne attack; and
(5) include an analysis of the economic, public health, and
environmental costs and impacts of implementing the interagency
plan.
SEC. 4. YUCCA MOUNTAIN PROJECT TERRORISM CONSEQUENCE ASSESSMENT AND
RESPONSE PLAN.
The Federal Emergency Management Agency, in coordination with
appropriate Federal, State, and local agencies, shall coordinate the
development and implementation of a comprehensive interagency plan to
ensure that Federal, State, and local government response plans and
programs can respond adequately to the consequences of Federal crimes
of terrorism directed against any stage of the Yucca Mountain Project.
The plan shall include--
(1) necessary preresponse preparations and evacuation plans
for Federal, State, and local governments;
(2) procedures for notifying State and local emergency
response units when nuclear waste is transported through their
local area;
(3) an analysis and a comprehensive set of procedures to
address the impacts of Federal crimes of terrorism that result
in a release of radioactive materials including--
(A) immediate and long-term public health effects;
(B) environmental impacts, broadly defined;
(C) direct socioeconomic impacts, including cleanup
and disposal costs and opportunity costs, to affected
individuals and businesses; and
(D) indirect socioeconomic impacts, including
economic losses resulting from perceptions of risk and
stigma effects; and
(4) a comprehensive cost-benefit analysis of the economic,
public health, and environmental effects of implementing the
plan, including analysis of the repercussions and costs from a
wide range of types of Federal crimes of terrorism.
SEC. 5. TECHNICAL REVIEW.
The Secretary of Homeland Security and the Federal Emergency
Management Agency shall enter into appropriate arrangements with the
National Research Council for technical review of the plans developed
under sections 3 and 4, respectively. Such reviews shall--
(1) address the strengths and shortcomings of the analyses
and preparations set forth in the plans; and
(2) pay special attention to--
(A) the need for comprehensive and reliable
physical testing, including full-scale-to-destruction
and scale model testing, to evaluate weapons
capabilities and limitations;
(B) container vulnerability to high-energy
explosive devices, and the effects on nuclear waste;
and
(C) the appropriateness of existing computer models
for evaluating near-site environmental dispersion of
released radionuclides, resulting health effects, and
cleanup and disposal requirements.
SEC. 6. DEPARTMENT OF ENERGY RECOMMENDATION.
The Secretary of Energy shall not submit a license application
under section 114(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10134(b)), and the Nuclear Regulatory Commission shall not issue any
license for a repository at Yucca Mountain under section 114(d) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)), unless--
(1) the interagency plans required under sections 3 and 4
are completed and included in the final environmental impact
statement for Yucca Mountain, and all rules and recommendations
implemented completely;
(2) public hearings have been held for all affected
populations;
(3) the Secretary has certified that all facets of the
Yucca Mountain Project are not vulnerable to Federal crimes of
terrorism; and
(4) the Secretary of Homeland Security has prepared and
transmitted to the Congress a report on the potential liability
costs and damages resulting from a wide range of Federal crimes
of terrorism against the Yucca Mountain Project.
SEC. 7. DEFINITIONS.
For purposes of this Act--
(1) the term ``Federal crime of terrorism'' has the meaning
given that term in section 2332b(g)(5) of title 18, United
States Code; and
(2) the term ``Yucca Mountain Project'' means all aspects
of the high-level nuclear waste repository currently being
studied at Yucca Mountain. The term includes all Department of
Energy transportation plans, interim storage facilities,
intermodal transfer facilities, repositories, and any other
site where high-level waste will be handled in relation to the
Yucca Mountain Project. | Nuclear Waste Terrorist Threat Assessment and Protection Act - Directs the Secretary of Homeland Security to coordinate the development and implementation of an interagency plan to prepare for and defend against terrorist crimes targeting the Yucca Mountain Project (high-level nuclear waste repository being studied at Yucca Mountain, Nevada). Requires that the plan: (1) include a comprehensive analysis of the safety and vulnerability of the Project to terrorism; (2) address specified types of attacks; (3) give special emphasis to addressing the use of nuclear waste as a radiological weapon, the use of specified technologies, and sabotage or theft of high-level nuclear waste; and (4) include a comprehensive strategy for defending against terrorism and an analysis of the economic, public health, and environmental costs and impacts of implementing the interagency plan. Directs the Federal Emergency Management Agency (FEMA) to coordinate the development and implementation of a comprehensive interagency plan to ensure that Federal, State, and local government response plans and programs can respond adequately to the consequences of terrorism against the Project. Requires the Secretary and FEMA to enter into appropriate arrangements with the National Research Council for technical review of the plans. Prohibits the Secretary of Energy from submitting a license application regarding, and prohibits the Nuclear Regulatory Commission from issuing a license for, a Yucca Mountain repository unless: (1) such plans are completed and included in the final environmental impact statement for Yucca Mountain; (2) public hearings have been held for affected populations; (3) the Secretary has certified that the Project is not vulnerable to terrorism; and (4) the Secretary has prepared and transmitted to Congress a report on the potential liability costs and damages resulting from a wide range of Federal terrorism crimes against the Project. | {"src": "billsum_train", "title": "To provide for interagency planning for preparing for, defending against, and responding to the consequences of terrorist attacks against the Yucca Mountain Project, and for other purposes."} | 2,477 | 373 | 0.501376 | 1.628142 | 0.75486 | 5.570571 | 7.249249 | 0.957958 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Job Creation
Through Innovation Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. USE OF ONLY SIMPLIFIED RESEARCH CREDIT AFTER 2011; EXPANSION
AND PERMANENT EXTENSION.
(a) Simplified Credit for Qualified Research Expenses.--Subsection
(a) of section 41 is amended to read as follows:
``(a) General Rule.--
``(1) Credit determined.--For purposes of section 38, the
research credit determined under this section for the taxable
year shall be an amount equal to 20 percent of so much of the
qualified research expenses for the taxable year as exceeds 50
percent of the average qualified research expenses for the 3
taxable years preceding the taxable year for which the credit
is being determined.
``(2) Special rule in case of no qualified research
expenses in any of 3 preceding taxable years.--
``(A) Taxpayers to which paragraph applies.--The
credit under this section shall be determined under
this paragraph if the taxpayer has no qualified
research expenses in any one of the 3 taxable years
preceding the taxable year for which the credit is
being determined.
``(B) Credit rate.--The credit determined under
this paragraph shall be equal to 10 percent of the
qualified research expenses for the taxable year.''.
(b) Conforming Amendments.--
(1) Termination of base amount calculation.--Section 41 is
amended by striking subsection (c) and redesignating subsection
(d) as subsection (c).
(2) Termination of basic research payment calculation.--
Section 41 is amended by striking subsection (e) and
redesignating subsections (f) and (g) as subsections (d) and
(e), respectively.
(3) Special rules.--
(A) Paragraph (1)(A)(ii) of subsection (d) of
section 41, as so redesignated, is amended by striking
``shares of the qualified research expenses, basic
research payments, and amounts paid or incurred to
energy research consortiums,'' and inserting ``share of
the qualified research expenses''.
(B) Paragraph (1)(B)(ii) of section 41(d), as so
redesignated, is amended by striking ``shares of the
qualified research expenses, basic research payments,
and amounts paid or incurred to energy research
consortiums,'' and inserting ``share of the qualified
research expenses''.
(C) Paragraph (3) of section 41(d), as so
redesignated, is amended--
(i) by striking ``, and the gross receipts
of the taxpayer'' and all that follows in
subparagraph (A) and inserting a period,
(ii) by striking ``, and the gross receipts
of the taxpayer'' and all that follows in
subparagraph (B) and inserting a period, and
(iii) by striking subparagraph (C).
(D) Paragraph (4) of section 41(d), as so
redesignated, is amended by striking ``and gross
receipts''.
(E) Subsection (d) of section 41, as so
redesignated, is amended by striking paragraph (6).
(4) Permanent extension.--
(A) Section 41 is amended by striking subsection
(h).
(B) Section 45C(b)(1) is amended by striking
subparagraph (D).
(5) Cross-references.--
(A) Paragraphs (2)(A) and (4) of section 41(b) are
each amended by striking ``subsection (f)(1)'' and
inserting ``subsection (d)(1)''.
(B) Paragraph (2) of section 45C(c) is amended by
striking ``base period research expenses'' and
inserting ``average qualified research expenses''.
(C) Paragraph (3) of section 45C(d) is amended by
striking ``section 41(f)'' and inserting ``section
41(d)''.
(D) Paragraph (2) of section 45G(e) is amended by
striking ``section 41(f)'' and inserting ``section
41(d)''.
(E) Subsection (g) of section 45O is amended by
striking ``section 41(f)'' and inserting ``section
41(d)''.
(F) Subparagraph (A) of section 54(l)(3) is amended
by striking ``section 41(g)'' and inserting ``section
41(e)''.
(G) Clause (i) of section 170(e)(4)(B) is amended
to read as follows:
``(i) the contribution is to a qualified
organization,''.
(H) Paragraph (4) of section 170(e) is amended by
adding at the end the following new subparagraph:
``(E) Qualified organization.--For purposes of this
paragraph, the term `qualified organization' means--
``(i) any educational organization which--
``(I) is an institution of higher
education (within the meaning of
section 3304(f)), and
``(II) is described in subsection
(b)(1)(A)(ii), or
``(ii) any organization not described in
clause (i) which--
``(I) is described in section
501(c)(3) and is exempt from tax under
section 501(a),
``(II) is organized and operated
primarily to conduct scientific
research, and
``(III) is not a private
foundation.''.
(I) Subsection (f) of section 197 is amended by
striking ``section 41(f)(1)'' each place it appears in
paragraphs (1)(C) and (9)(C)(i) and inserting ``section
41(d)(1)''.
(J) Section 280C is amended--
(i) by striking ``41(f)'' each place it
appears in subsection (b)(3) and inserting
``41(d)'',
(ii) by striking ``or basic research
expenses (as defined in section 41(e)(2))'' in
subsection (c)(1),
(iii) by striking ``section 41(a)(1)'' in
subsection (c)(2)(A) and inserting ``section
41(a)'', and
(iv) by striking ``or basic research
expenses'' in subsection (c)(2)(B).
(K) Subclause (IV)(c) of section 936(h)(5)(C)(i) is
amended by striking ``section 41(f)'' and inserting
``section 41(d)''.
(L) Subparagraph (D) of section 936(j)(5) is
amended by striking ``section 41(f)(3)'' and inserting
``section 41(d)(3)''.
(M) Clause (i) of section 965(c)(2)(C) is amended
by striking ``section 41(f)(3)'' and inserting
``section 41(d)(3)''.
(N) Clause (i) of section 1400N(l)(7)(B) is amended
by striking ``section 41(g)'' and inserting ``section
41(e)''.
(c) Technical Corrections.--Section 409 is amended--
(1) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (b)(1)(A),
(2) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984'' after ``relating to the employee
stock ownership credit'' in subsection (b)(4),
(3) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (i)(1)(A),
(4) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (m),
(5) by inserting ``(as so in effect)'' after ``section
48(n)(1)'' in subsection (m),
(6) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 48(n)'' in
subsection (q)(1), and
(7) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41'' in
subsection (q)(3).
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2011.
(2) Technical corrections.--The amendments made by
subsection (c) shall take effect on the date of the enactment
of this Act.
SEC. 3. ENHANCED RESEARCH CREDIT FOR DOMESTIC MANUFACTURERS.
(a) In General.--Section 41, as amended by section 3, is amended by
redesignating subsection (f) as subsection (g) and by inserting after
subsection (e) the following new subsection:
``(f) Enhanced Credit for Domestic Manufacturers.--
``(1) In general.--In the case of a qualified domestic
manufacturer, this section shall be applied by increasing the
20 percent amount in subsection (a)(1) by the bonus amount.
``(2) Qualified domestic manufacturer.--For purposes of
this subsection--
``(A) In general.--The term `qualified domestic
manufacturer' means a taxpayer who has domestic
production gross receipts which are more than 50
percent of total production gross receipts.
``(B) Domestic production gross receipts.--The term
`domestic production gross receipts' has the meaning
given to such term under section 199(c)(4).
``(C) Total production gross receipts.--The term
`total production gross receipts' means the gross
receipts of the taxpayer which are described in section
199(c)(4), determined--
``(i) without regard to whether property
described in subparagraph (A)(i)(I) or
(A)(i)(III) thereof was manufactured, produced,
grown, or extracted in the United States,
``(ii) by substituting `any property
described in section 168(f)(3)' for `any
qualified film' in subparagraph (A)(i)(II)
thereof, and
``(iii) without regard to whether any
construction described in subparagraph (A)(ii)
thereof or services described in subparagraph
(A)(iii) thereof were performed in the United
States.
``(3) Bonus amount.--For purposes of paragraph (1), the
bonus amount shall be determined as follows:
``If the percentage of total production The bonus amount is:
gross receipts which are domestic
production gross receipts is:
More than 50 percent and not more 2 percentage points
than 60 percent.
More than 60 percent and not more 4 percentage points
than 70 percent.
More than 70 percent and not more 6 percentage points
than 80 percent.
More than 80 percent and not more 8 percentage points
than 90 percent.
More than 90 percent................. 10 percentage points.''.
(b) Effective Date.--The amendment made by this section shall apply
to expenditures paid or incurred in taxable years beginning after
December 31, 2011.
SEC. 4. RESEARCH CREDIT MADE REFUNDABLE FOR SMALL BUSINESSES.
(a) In General.--Subsection (a) of section 41 of the Internal
Revenue Code of 1986, as amended by section 3, is amended by adding at
the end the following new paragraph:
``(3) Portion of credit refundable.--
``(A) In general.--For purposes of subsections (b)
and (c) of section 6401, the amount of the credit
determined under this section which is attributable to
a qualified small business shall be treated as a credit
allowed under subpart C of part IV of subchapter A for
the taxable year (and not under any other subpart). For
purposes of section 6425, any amount treated as so
allowed shall be treated as a payment of estimated
income tax for the taxable year.
``(B) Qualified small business.--For purposes of
this paragraph, the term `qualified small business'
means, with respect to any taxable year, any person if
the annual average number of employees employed by such
person during such taxable year is 500 or fewer.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31, United
States Code, is amended by inserting ``41(a)(3),'' after ``36A,''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 5. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF
TAX CREDITS.
(a) In General.--Subsection (a) of section 1603 of division B of
the American Recovery and Reinvestment Act of 2009 is amended--
(1) in paragraph (1), by striking ``or 2011'' and inserting
``2011, or 2012'', and
(2) in paragraph (2)--
(A) by striking ``after 2011'' and inserting
``after 2012'', and
(B) by striking ``or 2011'' and inserting ``2011,
or 2012''.
(b) Conforming Amendment.--Subsection (j) of section 1603 of
division B of such Act is amended by striking ``2012'' and inserting
``2013''.
SEC. 6. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.
(a) In General.--Subsection (d) of section 48C is amended by adding
at the end the following new paragraph:
``(6) Additional 2011 allocations.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this paragraph, the
Secretary, in consultation with the Secretary of
Energy, shall establish a program to consider and award
certifications for qualified investments eligible for
credits under this section to qualifying advanced
energy project sponsors with respect to applications
received on or after the date of the enactment of this
paragraph.
``(B) Limitation.--The total amount of credits that
may be allocated under the program described in
subparagraph (A) shall not exceed the 2011 allocation
amount reduced by so much of the 2011 allocation amount
as is taken into account as an increase in the
limitation described in paragraph (1)(B).
``(C) Application of certain rules.--Rules similar
to the rules of paragraphs (2), (3), (4), and (5) shall
apply for purposes of the program described in
subparagraph (A), except that--
``(i) Certification.--Applicants shall have
2 years from the date that the Secretary
establishes such program to submit
applications.
``(ii) Selection criteria.--For purposes of
paragraph (3)(B)(i), the term `domestic job
creation (both direct and indirect)' means the
creation of direct jobs in the United States
producing the property manufactured at the
manufacturing facility described under
subsection (c)(1)(A)(i), and the creation of
indirect jobs in the manufacturing supply chain
for such property in the United States.
``(iii) Review and redistribution.--The
Secretary shall conduct a separate review and
redistribution under paragraph (5) with respect
to such program not later than 4 years after
the date of the enactment of this paragraph.
``(D) 2011 allocation amount.--For purposes of this
subsection, the term `2011 allocation amount' means
$5,000,000,000.
``(E) Direct payments.--In lieu of any qualifying
advanced energy project credit which would otherwise be
determined under this section with respect to an
allocation to a taxpayer under this paragraph, the
Secretary shall, upon the election of the taxpayer,
make a grant to the taxpayer in the amount of such
credit as so determined. Rules similar to the rules of
section 50 shall apply with respect to any grant made
under this subparagraph.''.
(b) Portion of 2011 Allocation Allocated Toward Pending
Applications Under Original Program.--Subparagraph (B) of section
48C(d)(1) is amended by inserting ``(increased by so much of the 2011
allocation amount (not in excess of $1,500,000,000) as the Secretary
determines necessary to make allocations to qualified investments with
respect to which qualifying applications were submitted before the date
of the enactment of paragraph (6))'' after ``$2,300,000,000''.
(c) Conforming Amendment.--Paragraph (2) of section 1324(b) of
title 31, United States Code, is amended by inserting ``48C(d)(6)(E),''
after ``36C,''. | Job Creation Through Innovation Act - Amends the Internal Revenue Code to: (1) increase and make permanent the tax credit for increasing research activities, (2) allow an increased research tax credit for manufacturers whose domestic production gross receipts are more than 50% of their total receipts, (3) make the research tax credit refundable for businesses with an average number of employees of 500 or fewer, and (4) expand the qualifying advanced energy project credit by allocating in 2011 $5 billion of grants or tax credit amounts to manufacturers of goods and components (other than for assembly of components) in the United States that are used in alternative energy projects.
Amends the American Recovery and Reinvestment Tax Act of 2009 to extend the grant program for investment in renewable energy property, including renewable resources used to produce electricity and fuel cell, solar, wind, geothermal, and microturbine property, in lieu of tax credits, by extending the placed-in-service deadline for such property through 2012. Extends through September 30, 2013, the deadline for submitting grant applications for such program. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to permanently extend and modify the research tax credit, and for other purposes."} | 3,929 | 218 | 0.48287 | 1.277413 | 0.664491 | 1.610577 | 16.298077 | 0.802885 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Advance Directives
Improvement and Education Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Medicare coverage of end-of-life planning consultations.
Sec. 4. Improvement of policies related to the use and portability of
advance directives.
Sec. 5. Increasing awareness of the importance of end-of-life planning.
Sec. 6. GAO studies and reports on end-of-life planning issues.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Every year 2,500,000 people die in the United States.
Eighty percent of those people die in institutions such as
hospitals, nursing homes, and other facilities. Chronic
illnesses, such as cancer and heart disease, account for 2 out
of every 3 deaths.
(2) In January 2004, a study published in the Journal of
the American Medical Association concluded that many people
dying in institutions have unmet medical, psychological, and
spiritual needs. Moreover, family members of decedents who
received care at home with hospice services were more likely to
report a favorable dying experience.
(3) In 1997, the Supreme Court of the United States, in its
decisions in Washington v. Glucksberg and Vacco v. Quill,
reaffirmed the constitutional right of competent adults to
refuse unwanted medical treatment. In those cases, the Court
stressed the use of advance directives as a means of
safeguarding that right should those adults become incapable of
deciding for themselves.
(4) A study published in 2002 estimated that the overall
prevalence of advance directives is between 15 and 20 percent
of the general population, despite the passage of the Patient
Self-Determination Act in 1990, which requires that health care
providers tell patients about advance directives.
(5) Competent adults should complete advance care plans
stipulating their health care decisions in the event that they
become unable to speak for themselves. Through the execution of
advance directives, including living wills and durable powers
of attorney for health care according to the laws of the State
in which they reside, individuals can protect their right to
express their wishes and have them respected.
(b) Purposes.--The purposes of this Act are to improve access to
information about individuals' health care options and legal rights for
care near the end of life, to promote advance care planning and
decisionmaking so that individuals' wishes are known should they become
unable to speak for themselves, to engage health care providers in
disseminating information about and assisting in the preparation of
advance directives, which include living wills and durable powers of
attorney for health care, and for other purposes.
SEC. 3. MEDICARE COVERAGE OF END-OF-LIFE PLANNING CONSULTATIONS.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)), as amended by section 642(a) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173; 117 Stat. 2322), is amended--
(1) in subparagraph (Y), by striking ``and'' at the end;
(2) in subparagraph (Z), by inserting ``and'' at the end;
and
(3) by adding at the end the following new subparagraph:
``(AA) end-of-life planning consultations (as defined in
subsection (bbb));''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by section 706(b) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173; 117 Stat. 2339), is amended by adding at the end the
following new subsection:
``End-of-Life Planning Consultation
``(bbb) The term `end-of-life planning consultation' means
physicians' services--
``(1) consisting of a consultation between the physician
and an individual regarding--
``(A) the importance of preparing advance
directives in case an injury or illness causes the
individual to be unable to make health care decisions;
``(B) the situations in which an advance directive
is likely to be relied upon;
``(C) the reasons that the development of a
comprehensive end-of-life plan is beneficial and the
reasons that such a plan should be updated periodically
as the health of the individual changes;
``(D) the identification of resources that an
individual may use to determine the requirements of the
State in which such individual resides so that the
treatment wishes of that individual will be carried out
if the individual is unable to communicate those
wishes, including requirements regarding the
designation of a surrogate decision maker (health care
proxy); and
``(E) whether or not the physician is willing to
follow the individual's wishes as expressed in an
advance directive; and
``(2) that are furnished to an individual on an annual
basis or immediately following any major change in an
individual's health condition that would warrant such a
consultation (whichever comes first).''.
(c) Waiver of Deductible and Coinsurance.--
(1) Deductible.--The first sentence of section 1833(b) of
the Social Security Act (42 U.S.C. 1395l(b)) is amended--
(A) by striking ``and'' before ``(6)''; and
(B) by inserting before the period at the end the
following: ``, and (7) such deductible shall not apply
with respect to an end-of-life planning consultation
(as defined in section 1861(bbb))''.
(2) Coinsurance.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) in clause (N), by inserting ``(or 100 percent
in the case of an end-of-life planning consultation, as
defined in section 1861(bbb))'' after ``80 percent'';
and
(B) in clause (O), by inserting ``(or 100 percent
in the case of an end-of-life planning consultation, as
defined in section 1861(bbb))'' after ``80 percent''.
(d) Payment for Physicians' Services.--Section 1848(j)(3) of the
Social Security Act (42 U.S.C. 1395w-4(j)(3)), as amended by section
611(c) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2304), is
amended by inserting ``(2)(AA),'' after ``(2)(W),''.
(e) Frequency Limitation.--Section 1862(a)(1) of the Social
Security Act (42 U.S.C. 1395y(a)(1)), as amended by section 613(c) of
the Medicare Prescription Drug, Improvement, and Modernization Act of
2003 (Public Law 108-173; 117 Stat. 2306), is amended--
(1) by striking ``and'' at the end of subparagraph (L);
(2) by striking the semicolon at the end of subparagraph
(M) and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(N) in the case of end-of-life planning consultations (as
defined in section 1861(bbb)), which are performed more
frequently than is covered under paragraph (2) of such
section;''.
(f) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2005.
SEC. 4. IMPROVEMENT OF POLICIES RELATED TO THE USE AND PORTABILITY OF
ADVANCE DIRECTIVES.
(a) Medicare.--Section 1866(f) of the Social Security Act (42
U.S.C. 1395cc(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by inserting ``and if
presented by the individual (or on behalf of the
individual), to include the content of such advance
directive in a prominent part of such record'' before
the semicolon at the end;
(B) in subparagraph (D), by striking ``and'' after
the semicolon at the end;
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by inserting after subparagraph (E) the
following new subparagraph:
``(F) to provide each individual with the opportunity to
discuss issues relating to the information provided to that
individual pursuant to subparagraph (A) with an appropriately trained
professional.'';
(2) in paragraph (3), by striking ``a written'' and
inserting ``an''; and
(3) by adding at the end the following new paragraph:
``(5)(A) In addition to the requirements of paragraph (1), a
provider of services, Medicare Advantage organization, or prepaid or
eligible organization (as the case may be) shall give effect to an
advance directive executed outside the State in which such directive is
presented, even one that does not appear to meet the formalities of
execution, form, or language required by the State in which it is
presented to the same extent as such provider or organization would
give effect to an advance directive that meets such requirements,
except that a provider or organization may decline to honor such a
directive if the provider or organization can reasonably demonstrate
that it is not an authentic expression of the individual's wishes
concerning his or her health care. Nothing in this paragraph shall be
construed to authorize the administration of medical treatment
otherwise prohibited by the laws of the State in which the directive is
presented.
``(B) The provisions of this paragraph shall preempt any State law
to the extent such law is inconsistent with such provisions. The
provisions of this paragraph shall not preempt any State law that
provides for greater portability, more deference to a patient's wishes,
or more latitude in determining a patient's wishes.''.
(b) Medicaid.--Section 1902(w) of the Social Security Act (42
U.S.C. 1396a(w)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by striking ``in the individual's
medical record'' and inserting ``in a prominent
part of the individual's current medical
record''; and
(ii) by inserting ``and if presented by the
individual (or on behalf of the individual), to
include the content of such advance directive
in a prominent part of such record'' before the
semicolon at the end;
(B) in subparagraph (D), by striking ``and'' after
the semicolon at the end;
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by inserting after subparagraph (E) the
following new subparagraph:
``(F) to provide each individual with the opportunity to
discuss issues relating to the information provided to that
individual pursuant to subparagraph (A) with an appropriately
trained professional.'';
(2) in paragraph (4), by striking ``a written'' and
inserting ``an''; and
(3) by adding at the end the following paragraph:
``(6)(A) In addition to the requirements of paragraph (1), a
provider or organization (as the case may be) shall give effect to an
advance directive executed outside the State in which such directive is
presented, even one that does not appear to meet the formalities of
execution, form, or language required by the State in which it is
presented to the same extent as such provider or organization would
give effect to an advance directive that meets such requirements,
except that a provider or organization may decline to honor such a
directive if the provider or organization can reasonably demonstrate
that it is not an authentic expression of the individual's wishes
concerning his or her health care. Nothing in this paragraph shall be
construed to authorize the administration of medical treatment
otherwise prohibited by the laws of the State in which the directive is
presented.
``(B) The provisions of this paragraph shall preempt any State law
to the extent such law is inconsistent with such provisions. The
provisions of this paragraph shall not preempt any State law that
provides for greater portability, more deference to a patient's wishes,
or more latitude in determining a patient's wishes.''.
(c) Effective Dates.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsections (a) and (b) shall apply to provider
agreements and contracts entered into, renewed, or extended
under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.), and to State plans under title XIX of such Act (42
U.S.C. 1396 et seq.), on or after such date as the Secretary of
Health and Human Services specifies, but in no case may such
date be later than 1 year after the date of enactment of this
Act.
(2) Extension of effective date 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 amendments made by subsection (b), 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. 5. INCREASING AWARENESS OF THE IMPORTANCE OF END-OF-LIFE PLANNING.
Title III of the Public Health Service Act is amended by adding at
the end the following new part:
``PART R--PROGRAMS TO INCREASE AWARENESS OF ADVANCE DIRECTIVE PLANNING
ISSUES
``SEC. 399Z-1. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS AND INFORMATION
CLEARINGHOUSES.
``(a) Advance Directive Education Campaign.--The Secretary shall,
directly or through grants awarded under subsection (c), conduct a
national public education campaign--
``(1) to raise public awareness of the importance of
planning for care near the end of life;
``(2) to improve the public's understanding of the various
situations in which individuals may find themselves if they
become unable to express their health care wishes;
``(3) to explain the need for readily available legal
documents that express an individual's wishes, through advance
directives (including living wills, comfort care orders, and
durable powers of attorney for health care); and
``(4) to educate the public about the availability of
hospice care and palliative care.
``(b) Information Clearinghouse.--The Secretary, directly or
through grants awarded under subsection (c), shall provide for the
establishment of a national, toll-free, information clearinghouse as
well as clearinghouses that the public may access to find out about
State-specific information regarding advance directive and end-of-life
decisions.
``(c) Grants.--
``(1) In general.--The Secretary shall use at least 60
percent of the funds appropriated under subsection (d) for the
purpose of awarding grants to public or nonprofit private
entities (including States or political subdivisions of a
State), or a consortium of any of such entities, for the
purpose of conducting education campaigns under subsection (a)
and establishing information clearinghouses under subsection
(b).
``(2) Period.--Any grant awarded under paragraph (1) shall
be for a period of 3 years.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000.''.
SEC. 6. GAO STUDIES AND REPORTS ON END-OF-LIFE PLANNING ISSUES.
(a) Study and Report on Compliance With Advance Directives and
Other Advance Planning Documents.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the effectiveness of advance
directives in making patients' wishes known and honored by
health care providers.
(2) Report.--Not later than the date that is 18 months
after the date of enactment of this Act, the Comptroller
General shall submit to Congress a report on this study
conducted under paragraph (1) together with recommendations for
such legislation and administrative action as the Comptroller
General determines to be appropriate.
(b) Study and Report on Establishment of National Advance Directive
Registry.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of the amendments
made by section 3 (relating to medicare coverage of end-of-life
planning consultations).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report on this study conducted under paragraph (1)
together with recommendations for such legislation and
administrative action as the Comptroller General determines to
be appropriate.
(c) Study and Report on Establishment of National Advance Directive
Registry.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the feasibility of a national registry
for advance directives, taking into consideration the
constraints created by the privacy provisions enacted as a
result of the Health Insurance Portability and Accountability
Act.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report on this study conducted under paragraph (1)
together with recommendations for such legislation and
administrative action as the Comptroller General determines to
be appropriate. | Advance Directives Improvement and Education Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to provide for Medicare coverage of end-of-life planning consultations. Requires a service provider, Medicare Advantage organization, or prepaid or eligible organization to give effect to an advance directive executed outside the State in which it is presented, even one that does not appear to meet the formalities of execution, form, or language required by the State in which it is presented, to the same extent as such provider or organization would give effect to an advanced directive that meets such requirements. Permits a provider or organization to decline to honor such a directive if the provider or organization can reasonably demonstrate that it is not an authentic expression of the individual's wishes concerning his or her health care. Makes such advance directive requirements applicable under Medicaid, title XIX of the Social Security Act.
Amends the Public Health Service Act to provide for grant programs to increase awareness of advance directive planning issues. Directs the Secretary to conduct a national public education campaign to: (1) raise public awareness of the importance of planning for care near the end of life; (2) improve the public's understanding of the various situations in which individuals may find themselves if they become unable to express their health care wishes; (3) explain the need for readily available legal documents that express an individual's wishes, through advance directives (including living wills, comfort care orders, and durable powers of attorney for health care); and (4) educate the public about the availability of hospice care and palliative care.
Directs the Secretary to provide for the establishment of a national, toll-free, information clearinghouse as well as clearinghouses that the public may access to find out about State-specific information regarding advance directive and end-of-life decisions.
Requires General Accounting Office studies and reports on end-of-life planning issues. | {"src": "billsum_train", "title": "A bill to amend titles XVIII and XIX of the Social Security Act and title III of the Public Health Service Act to improve access to information about individuals' health care options and legal rights for care near the end of life, to promote advance care planning and decisionmaking so that individuals' wishes are known should they become unable to speak for themselves, to engage health care providers in disseminating information about and assisting in the preparation of advance directives, which include living wills and durable powers of attorney for health care, and for other purposes."} | 4,116 | 427 | 0.563953 | 1.942477 | 0.74348 | 7.623711 | 9.664948 | 0.969072 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Trade in Seafood Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Food and Agriculture Organization of
the United Nations, 85 percent of the world's fisheries are
overexploited, fully exploited, significantly depleted, or
recovering from overexploitation, the highest percentage ever
on record.
(2) A primary reason for the global fisheries crisis is
government subsidies that create perverse incentives for
continued fishing in the face of declining catches.
(3) Despite the dire conditions of the world's marine
resources, some of the countries that engage in the most
fishing continue to provide significant subsidies to their
fishing fleets.
(4) Fisheries subsidies are estimated to be approximately
20 percent of the value of the world catch and have helped
create a global fishing fleet that is up to 250 percent larger
than that needed to fish sustainably.
(5) Many long-range foreign fleets are supported by
government subsidies for fuel, other operational expenses, and
vessel construction that allow their fleets to fish longer, at
greater distances, and more intensively than is commercially or
environmentally warranted. Those fleets would not be viable
without the support of government subsidies.
(6) Many developing countries are particularly affected by
fisheries subsidies provided by other governments because the
developing countries are unable to compete against subsidized
industrial fleets.
(7) Fisheries subsidies offered by the governments of other
countries give the fleets of those countries an unfair
advantage over United States fishermen by reducing the costs of
operations and increasing the number, size, and power of
vessels competing for fish. Foreign fisheries subsidies also
undermine opportunities for United States fishermen in
potential export markets.
(8) Without committed global leadership to reduce
``overfishing subsidies'', there is a significant risk that the
oceans will become too depleted to fish, resulting in a
catastrophic blow to the world economy and environment.
(9) As one of the world's largest importers of seafood and
one of the top five exporters of seafood, the United States has
a particular responsibility to lead trade negotiations to
address fisheries subsidies and make the establishment of
strong new rules on fisheries subsidies a core priority in
United States trade negotiations.
(10) Paragraphs 28 and 31 of the Ministerial Declaration of
the World Trade Organization adopted at Doha November 14, 2001,
which launched the Doha Development Agenda, called for
negotiations to clarify and improve disciplines on trade-
distorting government fisheries subsidies.
(11) Paragraphs 9 through 11 of Annex D of the Ministerial
Declaration of the World Trade Organization adopted at Hong
Kong December 18, 2005, reinforced the Doha fisheries subsidies
mandate, noting that ``there is broad agreement that the Group
should strengthen disciplines on subsidies in the fisheries
sector, including through the prohibition of certain forms of
fisheries subsidies that contribute to overcapacity and over-
fishing'' and calling on ``Participants promptly to undertake
further detailed work to, inter alia, establish the nature and
extent of those disciplines, including transparency and
enforceability''.
(12) The negotiations on fisheries subsidies in the World
Trade Organization and negotiations for the Trans-Pacific
Partnership Agreement are two of the most important, and
promising, international efforts to stop global overfishing and
represent meaningful efforts to directly address a key
environmental issue that directly impacts international trade.
(13) On November 12, 2011, the leaders of the 9 countries
in negotiations for the Trans-Pacific Partnership Agreement--
Australia, Brunei Darussalam, Chile, Malaysia, New Zealand,
Peru, Singapore, Vietnam, and the United States--announced the
achievement of the broad outlines of an ambitious, 21st-century
agreement. According to a statement released by those leaders,
the agreed outline calls for ``[a] meaningful outcome on
environment [that] will ensure that the agreement appropriately
addresses important trade and environment challenges and
enhances the mutual supportiveness of trade and environment.
The TPP countries share the view that the environment text
should include effective provisions on trade-related issues
that would help to reinforce environmental protection and are
discussing an effective institutional arrangement to oversee
implementation and a specific cooperation framework for
addressing capacity building needs.''. Various proposals,
including a proposal by the United States, to bring disciplines
to government-subsidized fishing are under active discussion as
part of the negotiations on the environment chapter of the
Trans-Pacific Partnership Agreement.
(14) The United States continues to make achievement of an
agreement on disciplines on government fisheries subsidies a
priority in negotiations in the World Trade Organization and
for the Trans-Pacific Partnership Agreement. On December 16,
2011, at the Eighth Ministerial Conference of the World Trade
Organization in Geneva, the United States Trade Representative
issued a statement urging ``continued work toward an ambitious
outcome on fisheries subsidies under the WTO''. Noting the
acute impact of declining catches on developing countries, the
Trade Representative further stated, ``We stand ready to
explore new negotiating approaches that can move us towards the
elimination of harmful subsidies that contribute to
overcapacity and overfishing. . . . WTO Members have a duty to
address one of the root causes of overfishing and
overcapacity--the fisheries subsidies that encourage fishing
enterprises to fish longer, harder, and farther than would
otherwise be sustainable without subsidy aid. . . . The United
States is ready to continue this work in the WTO and in other
appropriate fora--including free trade agreements such as the
Trans-Pacific Partnership and other bilateral, regional and
multilateral initiatives.''.
(15) A strong fisheries subsidies agreement by the World
Trade Organization and in the Trans-Pacific Partnership
Agreement would set an historic precedent by showing that
international trade can directly benefit the environment while
promoting exports and open markets.
SEC. 3. TRADE NEGOTIATING OBJECTIVES OF THE UNITED STATES WITH RESPECT
TO GOVERNMENT FISHERIES SUBSIDIES.
It shall be a principal negotiating objective of the United States
in negotiations for a trade agreement--
(1) to eliminate fisheries subsidies provided by
governments that unfairly distort markets to the detriment of
United States commercial fishing interests and that perpetuate
unsustainable fishing practices; and
(2) to ensure that any commitments with respect to such
subsidies are enforceable under appropriate trade laws.
SEC. 4. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act and
applies with respect to negotiations for a trade agreement that--
(1) include any negotiations relating to the elimination or
reduction of government fisheries subsidies; and
(2) are entered into--
(A) on or after such date of enactment; or
(B) before such date of enactment if the
negotiations continue on or after such date of
enactment. | Fair Trade in Seafood Act - Declares that it shall be a principal objective of the United States in negotiations for a trade agreement to: (1) eliminate or reduce fisheries subsidies provided by foreign countries that unfairly distort markets to the detriment of U.S. commercial fishing interests and perpetuate unsustainable fishing practices, and (2) ensure that any commitments with respect to such subsidies are enforceable under appropriate trade laws. | {"src": "billsum_train", "title": "A bill to make it a principal negotiating objective of the United States in trade negotiations to eliminate government fisheries subsidies, and for other purposes."} | 1,485 | 93 | 0.526888 | 1.367631 | 1.238205 | 4.657895 | 18.381579 | 0.973684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Medical Assistance Act of
1998''.
SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.
Not later than 1 year after the date of the enactment of this Act,
the Administrator of the Federal Aviation Administration shall
reevaluate regulations regarding: (1) the equipment required to be
carried in medical kits of aircraft operated by air carriers; and (2)
the training required of flight attendants in the use of such
equipment, and, if the Administrator determines that such regulations
should be modified as a result of such reevaluation, shall issue a
notice of proposed rulemaking to modify such regulations.
SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.
(a) In General.--During the 1-year period beginning on the 90th day
following the date of the enactment of this Act, a major air carrier
shall make a good faith effort to obtain, and shall submit quarterly
reports to the Administrator of the Federal Aviation Administration on,
the following:
(1) The number of persons who died on aircraft of the air
carrier, including any person who was declared dead after being
removed from such an aircraft as a result of a medical incident
that occurred on such aircraft.
(2) The age of each such person.
(3) Any information concerning cause of death that is available
at the time such person died on the aircraft or is removed from the
aircraft or that subsequently becomes known to the air carrier.
(4) Whether or not the aircraft was diverted as a result of the
death or incident.
(5) Such other information as the Administrator may request as
necessary to aid in a decision as to whether or not to require
automatic external defibrillators in airports or on aircraft
operated by air carriers, or both.
(b) Format.--The Administrator may specify a format for reports to
be submitted under this section.
SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
(a) In General.--Not later than 120 days after the last day of the
1-year period described in section 3, the Administrator of the Federal
Aviation Administration shall make a decision on whether or not to
require automatic external defibrillators on passenger aircraft
operated by air carriers and whether or not to require automatic
external defibrillators at airports.
(b) Form of Decision.--A decision under this section shall be in
the form of a notice of proposed rulemaking requiring automatic
external defibrillators in airports or on passenger aircraft operated
by air carriers, or both, or a recommendation to Congress for
legislation requiring such defibrillators or a notice in the Federal
Register that such defibrillators should not be required in airports or
on such aircraft. If a decision under this section is in the form of a
notice of proposed rulemaking, the Administrator shall make a final
decision not later than the 120th day following the date on which
comments are due on the notice of proposed rulemaking.
(c) Contents.--If the Administrator decides that automatic external
defibrillators should be required--
(1) on passenger aircraft operated by air carriers, the
proposed rulemaking or recommendation shall include--
(A) the size of the aircraft on which such defibrillators
should be required;
(B) the class flights (whether interstate, overseas, or
foreign air transportation or any combination thereof) on which
such defibrillators should be required;
(C) the training that should be required for air carrier
personnel in the use of such defibrillators; and
(D) the associated equipment and medication that should be
required to be carried in the aircraft medical kit; and
(2) at airports, the proposed rulemaking or recommendation
shall include--
(A) the size of the airport at which such defibrillators
should be required;
(B) the training that should be required for airport
personnel in the use of such defibrillators; and
(C) the associated equipment and medication that should be
required at the airport.
(d) Limitation.--The Administrator may not require automatic
external defibrillators on helicopters and on aircraft with a maximum
payload capacity (as defined in section 119.3 of title 14, Code of
Federal Regulations) of 7,500 pounds or less.
(e) Special Rule.--If the Administrator decides that automatic
external defibrillators should be required at airports, the proposed
rulemaking or recommendation shall provide that the airports are
responsible for providing the defibrillators.
SEC. 5. LIMITATIONS ON LIABILITY.
(a) Liability of Air Carriers.--An air carrier shall not be liable
for damages in any action brought in a Federal or State court arising
out of the performance of the air carrier in obtaining or attempting to
obtain the assistance of a passenger in an in-flight medical emergency,
or out of the acts or omissions of the passenger rendering the
assistance, if the passenger is not an employee or agent of the carrier
and the carrier in good faith believes that the passenger is a
medically qualified individual.
(b) Liability of Individuals.--An individual shall not be liable
for damages in any action brought in a Federal or State court arising
out of the acts or omissions of the individual in providing or
attempting to provide assistance in the case of an in-flight medical
emergency unless the individual, while rendering such assistance, is
guilty of gross negligence or willful misconduct.
SEC. 6. DEFINITIONS.
In this Act--
(1) the terms ``air carrier'', ``aircraft'', ``airport'',
``interstate air transportation'', ``overseas air transportation'',
and ``foreign air transportation'' have the meanings such terms
have under section 40102 of title 49, United States Code;
(2) the term ``major air carrier'' means an air carrier
certificated under section 41102 of title 49, United States Code,
that accounted for at least 1 percent of domestic scheduled-
passenger revenues in the 12 months ending March 31 of the most
recent year preceding the date of the enactment of this Act, as
reported to the Department of Transportation pursuant to part 241
of title 14 of the Code of Federal Regulations; and
(3) the term ``medically qualified individual'' includes any
person who is licensed, certified, or otherwise qualified to
provide medical care in a State, including a physician, nurse,
physician assistant, paramedic, and emergency medical technician.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Aviation Medical Assistance Act of 1998 - Directs the Administrator of the Federal Aviation Administration to reevaluate regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment. Requires the Administrator to issue a notice of proposed rulemaking to make any modifications to such regulations as a result of such reevaluation.
Requires major air carriers to make a good faith effort to report quarterly to the Administrator, over the course of a year, regarding deaths on aircrafts.
Requires the Administrator to decide whether or not to require automatic external defibrillators on passenger aircraft and at airports. Prohibits the Administrator from requiring them on helicopters and on aircraft with a maximum payload capacity of 7,500 pounds or less.
States that, if the Administrator decides that automatic external defibrillators should be required at airports, the proposed rulemaking or recommendation shall provide that the airports are responsible for providing the defibrillators.
Declares that an air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the carrier's performance in obtaining or attempting to obtain the assistance of a passenger in an in-flight medical emergency, or out of the passenger's acts or omissions while rendering such assistance, if the passenger is not an employee or agent of the carrier and the carrier in good faith believes that the passenger is medically qualified.
Declares that an individual shall not be liable for damages in any such action arising out of acts or omissions in providing or attempting to provide such assistance, except for gross negligence or willful misconduct. | {"src": "billsum_train", "title": "Aviation Medical Assistance Act of 1998"} | 1,472 | 385 | 0.730335 | 2.294795 | 0.84742 | 6.161392 | 4.155063 | 0.939873 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Drunk Driving Protection
Act''.
SEC. 2. OPEN CONTAINER LAWS.
(a) Establishment.--Chapter I of title 23, United States Code, is
amended by inserting after section 153 the following:
``Sec. 154. Open container requirements
``(a) Definitions.--In this section:
``(1) Alcoholic beverage.--The term `alcoholic beverage'
has the meaning given the term in section 158(c).
``(2) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include a
vehicle operated exclusively on a rail or rails.
``(3) Open alcoholic beverage container.--The term `open
alcoholic beverage container' has the meaning given the term in
section 410(i).
``(4) Passenger area.--The term `passenger area' shall have
the meaning given the term by the Secretary by regulation.
``(b) Penalty.--
``(1) General rule.--
``(A) Fiscal year 2000.--If, at any time in fiscal
year 2000, a State does not have in effect a law
described in subsection (c), the Secretary shall
transfer 1.5 percent of the funds apportioned to the
State for fiscal year 2001 under each of paragraphs
(1)(A), (1)(C), and (3) of section 104(b) to the
apportionment of the State under section 402.
``(B) Fiscal years thereafter.--If, at any time in
a fiscal year beginning after September 30, 2000, a
State does not have in effect a law described in
subsection (c), the Secretary shall transfer 3 percent
of the funds apportioned to the State for the following
fiscal year under each of paragraphs (1)(A), (1)(C),
and (3) of section 104(b) to the apportionment of the
State under section 402.
``(c) Open Container Laws.--
``(1) In general.--For the purposes of this section, each
State shall have in effect a law that prohibits the possession
of any open alcoholic beverage container, or the consumption of
any alcholic beverage, in the passenger area of any motor
vehicle (including possession or consumption by the driver of
the vehicle) located on a public highway, or the right-of-way
of a public highway, in the State.
``(2) Motor vehicles designed to transport many
passengers.--For the purposes of this section, if a State has
in effect a law that makes unlawful the possession of any open
alcoholic beverage container in the passenger area by the
driver (but not by a passenger) of a motor vehicle designed to
transport more than 10 passengers (including the driver) while
being used to provide charter transportation of passengers, the
State shall be deemed to have in effect a law described in this
subsection with respect to such a motor vehicle for each fiscal
year during which the law is in effect.
``(d) Federal Share.--The Federal share of the cost of a project
carried out under section 402 with funds transferred under subsection
(b) to the apportionment of a State under section 402 shall be 100
percent.
``(e) Transfer of Obligation Authority.--
``(1) In general.--If the Secretary transfers under
subsection (b) any funds to the apportionment of a State under
section 402 for a fiscal year, the Secretary shall allocate to
the State an amount, determined under paragraph (2), of
obligation authority distributed for the fiscal year for
Federal-aid highways and highway safety construction programs
for carrying out projects under section 402.
``(2) Amount.--The amount of obligation authority referred
to in paragraph (1) shall be determined by multiplying--
``(A) the amount of funds transferred under
subsection (b) to the apportionment of the State under
section 402 for the fiscal year; by
``(B) the ratio that--
``(i) the amount of obligation authority
distributed for the fiscal year to the State
for Federal-aid highways and highway safety
construction programs; bears to
``(ii) the total of the sums apportioned to
the State for Federal-aid highways and highway
safety construction programs (excluding sums
not subject to any obligation limitation) for
the fiscal year.
``(f) Limitation on Applicability of Highway Safety Obligations.--
Notwithstanding any other provision of law, no limitation on the total
of obligations for highway safety programs under section 402 shall
apply to funds transferred under subsection (b) to the apportionment of
a State under section 402.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 153 the following:
``154. Open container requirements.''. | National Drunk Driving Protection Act - Requires the transfer of certain Federal highway funds from Federal-aid highway and highway safety construction programs, and Federal surface transportation program apportionments to a State's highway safety program apportionment if the State fails, before FY 2001, to prohibit open containers of alcoholic beverages and consumption of such beverages in the passenger area of motor vehicles on public highways. | {"src": "billsum_train", "title": "National Drunk Driving Protection Act"} | 1,112 | 90 | 0.558139 | 1.354562 | 0.777045 | 1.887324 | 14.239437 | 0.788732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Energy Partnership with India
Act of 2008''.
SEC. 2. RENEWABLE ENERGY DEFINED.
For purposes of this Act, the term ``renewable energy'' means an
energy supply or end-use technology (including solar technology, wind
technology, geothermal technology, hydroelectric technology, and carbon
capture technology), that over its life cycle and compared to a similar
technology already in commercial use--
(1) is reliable, affordable, economically viable, socially
acceptable, and compatible with the needs and norms of--
(A) each country that has a generating plant that
generates energy that is used in India or the United
States; and
(B) each country that uses energy or end-use
technology that is generated or produced in India or
the United States;
(2) results in--
(A) reduced emissions of greenhouse gases; or
(B) increased geological sequestration of
greenhouse gases; and
(3) may result in--
(A) substantially reduced emissions of air
pollutants; or
(B) the generation of substantially smaller or less
hazardous quantities of solid or liquid waste.
TITLE I--CONGRESSIONAL COMMISSION ON RENEWABLE POWER TECHNOLOGY
COMMERCE
SEC. 101. ESTABLISHMENT.
There is established in the legislative branch a commission to be
known as the Congressional Commission on Renewable Power Technology
Commerce with India (in this title referred to as the ``Commission'').
The Commission shall study the methods of improving and promoting
bilateral renewable energy cooperation between the United States and
India.
SEC. 102. DUTIES OF THE COMMISSION.
The Commission shall make recommendations to Congress and the
President on methods and strategies to develop joint energy policy
between the United States and India to provide reliable energy
throughout India through the utilization of renewable, environmentally-
friendly means of production. The Commission shall submit to Congress
and the President a report containing--
(1) a description of--
(A) general market conditions for energy in India
and the potential for renewable technology solutions in
particular;
(B) key policy constraints that exist in the United
States and India for the production and distribution of
renewable energy in India;
(C) best practices for public, private, and public-
private partnerships that can spur investment in Indian
energy production and distribution through renewable
means in India; and
(D) key constraints preventing renewable technology
companies organized under the laws of the United States
or any State from investing in India; and
(2) its recommendations--
(A) to address the constraints described by the
Commission under paragraph (1)(D);
(B) regarding policy measures that the governments
of India and the United States could take to help
realize the full potential of its collaboration with
the United States on energy policy;
(C) for developing an optimal framework for joint
research and development opportunities related to
renewable energy between the United States and India in
the private, educational, and public sectors; and
(D) regarding the ideal role for energy-related
end-user devices (such as energy-efficient devices used
in residential and commercial buildings) in a policy
emphasizing energy efficiency.
SEC. 103. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 15
members appointed as follows:
(A) Five members appointed by the President,
including at least two representatives of
nongovernmental organizations.
(B) Three members appointed by the Speaker of the
House of Representatives and two members appointed by
the minority leader of the House of Representatives.
(C) Three members appointed by the majority leader
of the Senate and two members appointed by the minority
leader of the Senate.
(2) Chairperson.--At the time of appointment, the President
shall designate one of the members appointed in paragraph
(1)(A) as the Chairperson of the Commission.
(b) Qualifications.--To be eligible for appointment as a member of
the Commission, an individual shall be of recognized standing and
distinction in one or more of the following:
(1) Renewable energy production.
(2) The transmission and distribution of energy.
(3) Energy efficiency.
(4) Business.
(5) Entrepreneurship.
(6) Academia and public policy.
(c) Deadline for Appointment.--The members of the Commission shall
be appointed before the end of the 60-day period beginning on the date
of the enactment of this title.
(d) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall not
affect the power of the remaining members to execute the duties
of the Commission. Any such vacancy shall be filled in the same
manner in which the original appointment was made.
(e) Compensation.--
(1) Rates of pay.--Each member may be compensated at a rate
not to exceed the daily equivalent of the annual rate of basic
pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day during which each such member is engaged in the actual
performance of the duties of the Commission.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions of subchapter I of
chapter 57 of title 5, United States Code, while away from the
home or regular place of business of the member in performance
of the duties of the Commission.
(3) Prohibition of compensation of federal employees.--
Notwithstanding the provisions of paragraphs (1) and (2), any
member of the Commission who is a full-time officer or employee
of the United States or a Member of Congress may not receive
additional pay, allowances, or benefits by reason their of
service on the Commission.
(f) Meetings.--
(1) Frequency.--
(A) Quarterly meetings.--The Commission shall meet
at least quarterly.
(B) Additional meetings.--In addition to quarterly
meetings, the Commission shall meet at the call of the
Chairperson or a majority of its members.
(2) Quorum.--Five members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(3) Meeting by telephone or other appropriate technology.--
Members of the Commission may meet using telephones or other
suitable telecommunications technologies if all members of the
Commission are able to communicate with all other members
simultaneously.
SEC. 104. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--
(1) Appointment.--The Commission shall have a director who
shall be appointed by the chairperson of the Commission with
the approval of a majority of the members of the Commission.
(2) Qualifications.--To be eligible for appointment as the
director, an individual shall be of recognized standing and
distinction in one or more of the following:
(A) International, national, or local public
service.
(B) Service-learning, as defined in section 101(23)
of the National and Community Service Act of 1990 (42
U.S.C. 12511(23)).
(3) Salary.--The director shall be paid at a rate
determined by the chairperson with the approval of the
Commission, except that the rate of pay may not exceed the
maximum rate of basic pay for GS-15 of the General Schedule.
(b) Staff.--With the approval of the chairperson, the director may
appoint and fix the pay of additional qualified personnel as the
director considers appropriate, except that the rate of pay may not
exceed the maximum rate of basic pay for GS-15 of the General Schedule.
(c) Experts and Consultants.--With the approval of the Commission,
the director may procure temporary and intermittent services in the
same manner as an agency under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay for GS-15 of the
General Schedule.
(d) Staff of Federal Agencies.--Upon request of the Commission, the
head of any department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist the Commission in carrying out its duties
under this title.
SEC. 105. POWERS OF COMMISSION.
(a) Hearings and Sessions.--For the purpose of carrying out this
title, the Commission may hold public hearings, sit and act at times
and places, take testimony, and receive evidence as the Commission
considers appropriate.
(b) Powers of Members and Agents.--If authorized by the Commission,
any member or agent of the Commission may take any action that the
Commission is authorized to take by this title.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out its duties under this title. Upon
request of the chairperson, the head of the department or agency shall
furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Physical Facilities and Equipment.--The Architect of the
Capitol shall provide, on a nonreimbursable basis, suitable facilities
and equipment for the operation of the Commission.
(f) Administrative Support Services.--Upon the request of the
Commission, the Architect of the Capitol and the Administrator of
General Services shall provide to the Commission, on a nonreimbursable
basis, the administrative support services necessary for the Commission
to carry out its duties under this title.
(g) Contract Authority.--To the extent provided in advance in
appropriations Acts, the Commission may contract with and compensate
Government and private agencies or persons for services necessary for
the Commission to carry out its duties under this title.
SEC. 106. REPORTS.
(a) Interim Report.--Not later than the last day of the 12-month
period beginning on the date of the enactment of this title, the
Commission shall submit to Congress an interim report on its
activities.
(b) Final Report.--Not later than the last day of the 120-day
period beginning on the date of submission of the interim report
required under subsection (a), the Commission shall submit to Congress
a final report containing a detailed statement of the findings of the
Commission, together with its recommendations for proposed legislation.
SEC. 107. TERMINATION.
The Commission shall terminate not later than 30 days after
submitting its final report under section 106(b).
TITLE II--DEVELOPMENT AND CAPACITY BUILDING REPORT
SEC. 201. DEVELOPMENT AND CAPACITY BUILDING REPORT.
Not later than the last day of the one-year period beginning on the
date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Energy and the Secretary of
Commerce, shall submit to Congress a report that--
(1) details the extent to which energy is reliably
available in India and what portion of such energy is produced
through renewable means;
(2) estimates the investment, export, and job creation
potential if United States industry plays a central role in the
production and distribution of renewable energy in India;
(3) estimates the economic benefits and poverty reduction
that would result if India's energy needs were substantially
met through the use of renewable energy;
(4) estimates the level of greenhouse gasses that India
would produce in the coming years if India did not pursue
renewable means of energy production;
(5) contains recommendations for the Federal Government and
the private sector regarding the provision of technical
assistance to assist in the investment, production, and
distribution of renewable energy in India.
TITLE III--RENEWABLE ENERGY COUNCIL
SEC. 301. RENEWABLE ENERGY COUNCIL.
(a) Establishment.--Not later than 60 days after the date of the
enactment of this Act, the President shall seek to establish a
permanent joint renewable energy council between the United States and
India.
(b) Purpose.--The purpose of the council referred to in subsection
(a) shall be to provide advice to the President of the United States
and the Prime Minister of India concerning the promotion of
environmentally sustainable economic growth in India and the United
States through public policy related to the pursuit and facilitation of
investment, production, and distribution of renewable energy in India.
(c) Membership.--The membership of the council shall consist of--
(1) representatives from the legislative and executive
branches of--
(A) the Government of the United States; and
(B) the Government of India; and
(2) representatives from the private sector in--
(A) the United States; and
(B) India. | Clean Energy Partnership with India Act of 2008 - Establishes in the legislative branch the Congressional Commission on Renewable Power Technology Commerce with India to: (1) study methods for improvement and promotion of bilateral renewable energy cooperation between the United States and India; and (2) recommend to Congress and the President methods and strategies to develop joint energy policy between the United States and India for reliable energy throughout India using renewable, environmentally-friendly means of production.
Requires the Secretary of State to report to Congress on: (1) the extent to which energy is reliably available in India and what portion of it is produced through renewable means; (2) estimated investment, export, and job creation potential if U.S. industry plays a central role in the production and distribution of renewable energy in India; (3) estimated economic benefits and poverty reduction that would result if India's energy needs were met through renewable energy; (4) the estimated level of greenhouse gasses that India would produce in the coming years if it did not pursue renewable means of energy production; and (5) recommendations for the federal government and the private sector regarding technical assistance with the investment, production, and distribution of renewable energy in India.
Directs the President to seek to establish a permanent joint renewable energy council between the United States and India to advise the President of the United States and the Prime Minister of India on promotion of environmentally sustainable economic growth in India and the United States through public policy regarding investment, production, and distribution of renewable energy in India. | {"src": "billsum_train", "title": "To establish a commission to study methods for improving and promoting bilateral renewable energy cooperation between the United States and India, and for other purposes."} | 2,788 | 302 | 0.657443 | 2.086078 | 1.064498 | 5.587838 | 8.810811 | 0.966216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuel Standard Improvement
Act''.
SEC. 2. AMENDMENT.
Section 211(o) of the Clean Air Act is amended as follows:
(1) In paragraphs (1)(B)(i), (2)(A)(i), and (2)(A)(ii), the
matter following paragraph (2)(B)(ii)(VI), paragraphs
(2)(B)(iv), (3), (4), (5), (6)(B), (7)(A)(i), (7)(A)(ii),
(7)(B), (7)(D), (7)(E), (7)(F), (8)(D), (9)(A)(ii)(II),
(9)(B)(i), (9)(B)(iii), (9)(C), (9)(D), and (11), by striking
``Administrator'' and inserting ``Secretary of Agriculture, the
Secretary of Energy, and the Administrator''.
(2) In paragraph (1)(C)--
(A) by striking ``Administrator'' and inserting
``Secretary of Energy''; and
(B) by striking ``in 2005.'' and inserting ``2008.
At 3 year intervals after 2008, the baseline shall be
updated by using a date 3 years after the prior
baseline date.''.
(3) In paragraph (1) by amending subparagraph (D) as
follows:
(A) By striking ``and that has'' and inserting a
period and the following: ``In the case of renewable
fuel produced from facilities that commenced
construction after December 19, 2007, such term only
includes such biodiesel if it has''.
(B) By striking out ``the preceding sentence'' and
insert ``the preceding provisions of this
subparagraph''.
(4) In subparagraph (D) and (E) of paragraph (1), by
striking ``Administrator'' and inserting ``Secretary of
Agriculture and the Secretary of Energy''.
(5) In paragraph (1)(G), by striking the last sentence.
(6) By amending paragraph (1)(H) to read as follows:
``(H) Lifecycle greenhouse gas emissions.--
``(i) In general.--The term `lifecycle
greenhouse gas emissions' means the aggregate
quantity of direct greenhouse gas emissions
relating to the full fuel lifecycle, as
determined by the Secretary of Agriculture and
the Secretary of Energy based on--
``(I) measurements taken using the
most recent observable data; and
``(II) consideration of regional
differences of renewable fuel
production.
``(ii) Inclusions.--The term `lifecycle
greenhouse gas emissions' includes greenhouse
gas emissions from all stages of fuel and
feedstock production and distribution, from
feedstock generation or extraction through the
distribution and delivery and use of the
finished fuel to the ultimate consumer, where
the mass values for all greenhouse gases are
adjusted to account for the relative global
warming potential of the greenhouse gases.
``(iii) Peer review and model.--The
Secretary of Agriculture and the Secretary of
Energy shall carry out a peer review of any
model used in measuring lifecycle greenhouse
gas emissions and make the results of the peer
review and model publicly available before any
public comment period provided in connection
with the determination made under this
subparagraph.''.
(7) Amend paragraph (1)(I) to read as follows:
``(I) Renewable biomass.--The term `renewable
biomass' means--
``(i) materials, pre-commercial thinnings,
or invasive species from National Forest System
land and public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702)) that--
``(I) are byproducts of preventive
treatments that are removed--
``(aa) to reduce hazardous
fuels;
``(bb) to reduce or contain
disease or insect infestation;
or
``(cc) to restore ecosystem
health;
``(II) would not otherwise be used
for higher-value products; and
``(III) are harvested in accordance
with--
``(aa) applicable law and
land management plans; and
``(bb) the requirements
for--
``(AA) old-growth
maintenance,
restoration, and
management direction of
paragraphs (2), (3),
and (4) of subsection
(e) of section 102 of
the Healthy Forests
Restoration Act of 2003
(16 U.S.C. 6512); and
``(BB) large-tree
retention of subsection
(f) of that section; or
``(ii) any organic matter that is available
on a renewable or recurring basis from non-
Federal land or land belonging to an Indian or
Indian tribe that is held in trust by the
United States or subject to a restriction
against alienation imposed by the United
States, including--
``(I) renewable plant material,
including--
``(aa) feed grains;
``(bb) other agricultural
commodities;
``(cc) other plants and
trees; and
``(dd) algae; and
``(II) waste material, including--
``(aa) crop residue;
``(bb) other vegetative
waste material (including wood
waste and wood residues);
``(cc) animal waste and
byproducts (including fats,
oils, greases, and manure); and
``(dd) food waste and yard
waste.''.
(8) In paragraph (2)(B)(ii), by striking ``Administrator,
in coordination with the Secretary of Energy and the Secretary
of Agriculture,'' and inserting ``Secretary of Agriculture, the
Secretary of Energy, and the Administrator,''.
(9) In paragraph (4)(E), by striking ``may not adjust'' and
inserting ``may adjust'' and by striking ``unless he
determines'' and inserting ``if they determine''.
(10) In paragraph (4)(G), by striking ``effective date of
such adjustment, revision, or change'' and inserting ``date of
enactment of the Energy Independence and Security Act of
2007''.
(11) In paragraphs (7)(A), (7)(B), (7)(E)(i), (7)(E)(ii),
and (7)(E)(iii), by striking ``Administrator, in consultation
with the Secretary of Energy and the Secretary of Agriculture''
and inserting ``Secretary of Agriculture, the Secretary of
Energy, and the Administrator''.
(12) In clauses (i) and (ii) by striking out ``a
determination by the Administrator'' and inserting ``their
determination''.
(13) In paragraph (7)(A), by striking ``Administrator on
his own'' and inserting ``Secretary of Agriculture, the
Secretary of Energy, and the Administrator on their own''.
(14) In paragraphs (8)(A) and paragraph (9)(A)(ii)(I), by
striking ``the Secretary of Energy shall conduct for the
Administrator'' and inserting ``the Secretary of Agriculture
and the Secretary of Energy shall conduct''.
(15) In paragraph (8)(C), by striking ``the Secretary of
Energy shall make specific recommendations to the
Administrator'' and inserting ``the Secretary of Agriculture
and the Secretary of Energy shall make specific
recommendations''.
(16) In paragraph (8)(D)(i), by striking ``by the Secretary
of Energy''.
(17) In paragraph (9)(B)(ii), by striking ``Administrator,
in consultation with the Secretary of Energy,'' and inserting
``the Secretary of Agriculture, the Secretary of Energy, and
the Administrator''.
(18) In paragraph (10)(B), by striking ``Administrator''
and inserting ``President''. | Renewable Fuel Standard Improvement Act - Amends the Clean Air Act to: (1) include the Secretaries of Agriculture and Energy in renewable fuel program activities under such Act; (2) revise the definition of "lifecycle greenhouse gas emissions" to base the measurement of such emissions on recent observable data and consideration of regional differences of renewable fuel production, rather than on indirect land use changes; and (3) expand the definition of "renewable biomass." | {"src": "billsum_train", "title": "To amend section 211(o) of the Clean Air Act, and for other purposes."} | 1,785 | 92 | 0.468846 | 1.149511 | 0.71396 | 1.724138 | 18.632184 | 0.781609 |
SECTION 1. MEDICARE INTERNET-BASED CLAIMS SUBMISSION DEMONSTRATION
PROJECT.
(a) Establishment of Demonstration Project.--The Secretary of
Health and Human Services shall implement a demonstration project (in
this section referred to as the ``project'') to provide for the use of
the Internet for the electronic submission of claims by providers of
services under the medicare program for which the HCFA-1500 claim form
is utilized. The Secretary may carry out the project directly or
through a third-party contractor.
(b) Prompt Payment of Claims.--
(1) In general.--Subject to paragraph (2), for each clean
claim that is submitted electronically by a provider of
services under the project, the Secretary shall make payment to
the provider of services for the claim by not later than 30
days after receipt of the claim.
(2) Exceptions for fraud.--Payment shall not be made if the
Secretary determines the claim is fraudulent, in part or in
whole. In promulgating regulations to carry out the project,
the Secretary shall provide examples of fraudulent or otherwise
deficient claims for which payment would not be made under the
medicare program or through the project.
(c) Designation of Medicare Payment Areas Covered by Project.--The
Secretary shall designate medicare payment areas located in the New
England or mid-Atlantic areas as areas in which the project under this
section will be conducted.
(d) Consultation.--Before implementing the project under this
section, the Secretary shall consult with affected parties on--
(1) the design of the project, including requirements for
electronic signatures;
(2) the selection criteria for the third-party contractor;
and
(3) the establishment of performance standards, as
described in subsection (e).
(e) Performance Standards.--
(1) In general.--The Secretary shall establish performance
standards for the accuracy and timeliness of claims filing,
processing, and payment functions performed under the project.
(2) Noncompliance.--In the event that a third-party
contractor (if any) is not in substantial compliance with the
performance standards established under paragraph (1), such
claims filing, processing, and payment functions shall be
performed by the Secretary unless the Secretary contracts with
another third-party contractor.
(f) Confidentiality of Information.--
(1) Compliance with hipaa rules.--The Secretary shall
ensure that a third-party contractor participating under the
project shall protect the confidentiality of individually
identifiable health information consistent with the standards
for the privacy of such information promulgated by the
Secretary under the Health Insurance Portability and
Accountability Act of 1996, or any subsequent comprehensive and
more protective set of confidentiality standards enacted into
law or promulgated by the Secretary.
(2) Prohibition on sale of individually identifiable health
information.--A third-party contractor participating under the
project may not sell any individually identifiable health
information collected under the project.
(g) Report to Congress.--The Secretary shall periodically submit
reports to the Congress providing--
(1) analysis of the overall effectiveness of the project;
(2) findings with respect to--
(A) increase or reduction in funds lost to fraud,
abuse, misuse, mistakes, and any other factor the
Secretary determines to be appropriate; and
(B) changes in efficiency in processing claims
submitted by electronic means compared with claims not
submitted electronically; and
(3) recommendations on--
(A) continuation of the project; and
(B) extension or expansion of the use of Internet-
based electronic claims submission under the medicare
program.
(h) Waiver Authority.--The Secretary shall waive compliance with
the requirements of title XVIII of the Social Security Act to such
extent and for such period as the Secretary determines is necessary to
conduct the project.
(i) Duration.--A demonstration project under this section shall be
conducted for a 3-year period.
(j) Definitions.--In this section:
(1) The term ``medicare program'' means the health
insurance program established under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
(2) The term ``provider of service'' has the meaning given
that term in section 1861(u) of such Act (42 U.S.C. 1395x(u)),
and includes a physician (as defined in section 1861(r) of such
Act (42 U.S.C. 1395x(r)).
(3) The term ``clean claim'' has the meaning given that
term in section 1816(c)(2)(B)(i) of such Act (42 U.S.C.
1395h(c)(2)(B)(i)). | Directs the Secretary of Health and Human Services to implement a demonstration project to provide for the use of the Internet for the electronic submission of claims by service providers under title XVIII (Medicare) of the Social Security Act for which the HCFA-1500 claim form is utilized. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to establish a demonstration project for the use of an Internet-based form for submission of certain claims under the Medicare Program."} | 1,017 | 61 | 0.53517 | 1.40968 | 0.469332 | 4.66 | 18.12 | 0.98 |
SECTION 1. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF BOOK INVENTORIES.
(a) In General.--Section 170(e)(3) of the Internal Revenue Code of
1986 (relating to certain contributions of ordinary income and capital
gain property) is amended by redesignating subparagraph (C) as
subparagraph (D) and by inserting after subparagraph (B) the following
new subparagraph:
``(C) Special rule for contributions of book
inventory for educational purposes.--
``(i) Contributions of book inventory.--In
determining whether a qualified book
contribution is a qualified contribution,
subparagraph (A) shall be applied without
regard to whether--
``(I) the donee is an organization
described in the matter preceding
clause (i) of subparagraph (A), and
``(II) the property is to be used
by the donee solely for the care of the
ill, the needy, or infants.
``(ii) Amount of reduction.--
Notwithstanding subparagraph (B), the amount of
the reduction determined under paragraph (1)(A)
shall not exceed the amount by which the fair
market value of the contributed property (as
determined by the taxpayer using a bona fide
published market price for such book) exceeds
twice the basis of such property.
``(iii) Qualified book contribution.--For
purposes of this paragraph, the term `qualified
book contribution' means a charitable
contribution of books, but only if the
requirements of clauses (iv) and (v) are met.
``(iv) Identity of donee.--The requirement
of this clause is met if the contribution is to
an organization--
``(I) described in subclause (I) or
(III) of paragraph (6)(B)(i), or
``(II) described in section
501(c)(3) and exempt from tax under
section 501(a) (other than a private
foundation, as defined in section
509(a), which is not an operating
foundation, as defined in section
4942(j)(3)), which is organized
primarily to make books available to
the general public at no cost or to
operate a literacy program.
``(v) Certification by donee.--The
requirement of this clause is met if, in
addition to the certifications required by
subparagraph (A) (as modified by this
subparagraph), the donee certifies in writing
that--
``(I) the books are suitable, in
terms of currency, content, and
quantity, for use in the donee's
educational programs, and
``(II) the donee will use the books
in its educational programs.
``(vi) Bona fide published market price.--
For purposes of this subparagraph, the term
`bona fide published market price' means, with
respect to any book, a price--
``(I) determined using the same
printing and edition,
``(II) determined in the usual
market in which such a book has been
customarily sold by the taxpayer, and
``(III) for which the taxpayer can
demonstrate to the satisfaction of the
Secretary that the taxpayer customarily
sold such books in arm's length
transactions within 7 years preceding
the contribution of such a book.''.
(b) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this Act | Amends the Internal Revenue Code to set forth a rule for determining the amount of the deduction allowable for charitable book inventory contributions for educational purposes. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to enhance book donations and literacy."} | 778 | 33 | 0.535228 | 1.242478 | 0.513186 | 1.666667 | 25.37037 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending Internet Freedom Act of
2015''.
SEC. 2. REQUIREMENTS FOR NTIA RELINQUISHMENT OF DNS RESPONSIBILITIES.
(a) In General.--Unless the Assistant Secretary submits the
certification described in subsection (b) to the appropriate
congressional committees--
(1) the Assistant Secretary may not relinquish the
responsibilities of the NTIA with respect to Internet domain
name functions, including responsibility with respect to the
authoritative root zone file, the IANA functions, or the
related root zone management functions; and
(2) the Assistant Secretary shall exercise the first option
period described in paragraph I.70(b) of the IANA functions
contract to extend such contract through September 30, 2017.
(b) Certification Described.--The certification described in this
subsection is a written certification that the Assistant Secretary has
received a final proposal for relinquishing the responsibilities of the
NTIA with respect to Internet domain name functions that ensures the
following:
(1) Control over the management of the Internet domain name
system will not be exercised by a governmental or
intergovernmental body.
(2) The bylaws of ICANN have been amended to provide for
the following:
(A) No director or officer of ICANN may be selected
by or represent a governmental or intergovernmental
body.
(B) The board of directors of ICANN is prohibited
from voting on advice or a policy proposal offered by
the Governmental Advisory Committee unless such
Committee reaches consensus regarding such advice or
proposal. For purposes of the preceding sentence, the
term ``consensus'' means general agreement in the
absence of any formal objection.
(C) ICANN is committed to upholding freedom of
speech, freedom of the press, freedom of assembly, and
freedom of association and has adopted and implemented
standards that are at least as protective of such
freedoms as is the First Amendment to the Constitution.
(D) The term ``supermajority'' is defined for
purposes of the bylaws of ICANN to mean, with respect
to a vote of the board of directors, an affirmative
vote by at least four-fifths of all directors.
(E) A change in the bylaws of ICANN requires a vote
of a supermajority of the board of directors.
(F) ICANN has an external, independent process for
reviewing and resolving disputes between ICANN and
external parties, including members of the
multistakeholder community, in all matters related to
the operations and policy decisions of ICANN. Such
process includes the ability to reverse decisions of
the board of directors.
(G) ICANN shall remain subject to United States law
(including State law) and to the jurisdiction of United
States courts (including State courts).
(H) ICANN is prohibited from engaging in activities
unrelated to ICANN's core mission or entering into an
agreement or modifying an existing agreement to impose
on a registrar or registry with which ICANN conducts
business any condition (such as a condition relating to
the regulation of content) that is unrelated to ICANN's
core mission.
(3) ICANN has adopted policies and procedures for
disclosing to the public records and other information that are
at least as protective of public access as the policies and
procedures required by section 552 of title 5, United States
Code (commonly known as the Freedom of Information Act). The
policies and procedures adopted include a means by which the
denial of a request for access to records or other information
may be appealed through the independent dispute resolution
process described in paragraph (2)(F).
(4) The United States Government has been granted ownership
of the .gov and .mil top-level domains.
(5) ICANN has adopted, if necessary through amendment to
its bylaws, all additional measures recommended by the
multistakeholder community through the IANA Stewardship
Transition Coordination Group, the Cross Community Working
Group on Enhancing ICANN Accountability, and the Cross
Community Working Group to Develop an IANA Stewardship
Transition Proposal on Naming Related Functions.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) IANA functions.--The term ``IANA functions'' means the
Internet Assigned Numbers Authority functions, as described in
the IANA functions contract.
(4) IANA functions contract.--The term ``IANA functions
contract'' means the contract between the NTIA and ICANN that
became effective on October 1, 2012, under which ICANN is
required to perform the IANA functions (Contract No. SA1301-12-
CN-0035).
(5) ICANN.--The term ``ICANN'' means the Internet
Corporation for Assigned Names and Numbers.
(6) ICANN's core mission.--The term ``ICANN's core
mission'' means managing the IANA functions and proposing and
overseeing policy decisions central to coordinating the global
interoperability and uniqueness of Internet domain names.
(7) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
(8) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe. | Defending Internet Freedom Act of 2015 Prohibits the Assistant Secretary of Commerce for Communications and Information from relinquishing the responsibilities of the National Telecommunications and Information Administration (NTIA) with respect to Internet domain name functions, including Internet Assigned Numbers Authority (IANA) functions, unless the Assistant Secretary certifies to Congress that a final proposal has been received that ensures: control over the management of the Internet domain name system will not be exercised by a governmental or intergovernmental body; standards for freedoms of speech, of the press, of assembly, and of association are at least as protective as the First Amendment to the U.S. Constitution; the Internet Corporation for Assigned Names and Numbers (ICANN) has an external, independent process for reviewing and resolving disputes between ICANN and external parties, including the ability to reverse decisions of the board of directors; ICANN remains subject to U.S. law; ICANN has adopted disclosure procedures that are at least as protective of public access as the Freedom of Information Act; the U.S. government has been granted ownership of the ".gov" and ".mil" top-level domains; and ICANN has adopted additional measures recommended by the multistakeholder community. Requires such certification to ensure amendments to ICANN bylaws to prohibit ICANN from: (1) engaging in activities unrelated to ICANN's core mission of managing the IANA functions and proposing and overseeing policy decisions central to coordinating the global interoperability and uniqueness of Internet domain names; or (2) agreeing to impose on a registrar or registry any condition, such as a regulation of content, that is unrelated to ICANN's core mission. Requires such a certification to also ensure amendments to bylaws concerning: (1) Governmental Advisory Committee advice and policy proposals, and (2) a required supermajority of the board of directors for votes regarding changes to bylaws. Directs the Assistant Secretary, if such a certification is not submitted to Congress by a specified deadline, to extend through September 30, 2017, the existing IANA functions contract under which ICANN is required to perform IANA functions. | {"src": "billsum_train", "title": "Defending Internet Freedom Act of 2015"} | 1,258 | 494 | 0.730754 | 2.511251 | 0.77838 | 3.640103 | 2.827763 | 0.910026 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Rural Schools and Payment in
Lieu of Taxes Repair Act''.
SEC. 2. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION PROGRAM.
(a) Definition of Full Funding Amount.--Section 3(11) of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7102(11)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C)--
(A) by striking ``fiscal year 2012 and each fiscal
year thereafter'' and inserting ``each of fiscal years
2012 and 2013''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(D) for fiscal year 2014 and each fiscal year
thereafter, the amount that is equal to the full
funding amount for fiscal year 2011.''.
(b) Secure Payments for States and Counties Containing Federal
Land.--
(1) Availability of payments.--Section 101 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111) is amended by striking ``2013'' each place it
appears and inserting ``2016''.
(2) Elections.--Section 102(b) of the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C.
7112(b)) is amended--
(A) in paragraph (1)(A), by striking ``by August 1,
2013 (or as soon thereafter as the Secretary concerned
determines is practicable), and August 1 of each second
fiscal year thereafter'' and inserting ``by August 1 of
each applicable fiscal year (or as soon thereafter as
the Secretary concerned determines is practicable)'';
and
(B) in paragraph (2)(B)--
(i) by striking ``in 2013'' and inserting
``in 2014''; and
(ii) by striking ``fiscal year 2013'' and
inserting ``fiscal year 2016''.
(3) Election as to use of balance.--Section 102(d)(1) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7112(d)(1)) is amended--
(A) in subparagraph (B)(ii), by striking ``not more
than 7 percent of the total share for the eligible
county of the State payment or the county payment'' and
inserting ``any portion of the balance''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Counties with major distributions.--In the
case of each eligible county to which $350,000 or more
is distributed for any fiscal year pursuant to
paragraph (1)(B) or (2)(B) of subsection (a), the
eligible county shall elect to do 1 or more of the
following with the balance of any funds not expended
pursuant to subparagraph (A):
``(i) Reserve any portion of the balance
for projects in accordance with title II.
``(ii) Reserve not more than 7 percent of
the total share for the eligible county of the
State payment or the county payment for
projects in accordance with title III.
``(iii) Return the portion of the balance
not reserved under clauses (i) and (ii) to the
Treasury of the United States.''.
(4) Notification of election.--Section 102(d)(3)(A) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7112(d)(3)(A)) is amended by striking ``2012,''
and inserting ``2014 (or as soon thereafter as the Secretary
concerned determines is practicable)''.
(5) Failure to elect.--Section 102(d)(3)(B)(ii) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7112(d)(3)(B)(ii)) is amended by striking
``purpose described in section 202(b)'' and inserting
``purposes described in section 202(b), 203(c), or 204(a)(5)''.
(6) Distribution of payments to eligible counties.--Section
103(d)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by
striking ``2013'' and inserting ``2016''.
(c) Continuation of Authority To Conduct Special Projects on
Federal Land.--
(1) Submission of project proposals.--Section 203(a)(1) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7123(a)(1)) is amended by striking
``September 30 for fiscal year 2008 (or as soon thereafter as
the Secretary concerned determines is practicable), and each
September 30 thereafter for each succeeding fiscal year through
fiscal year 2013'' and inserting ``September 30 of each
applicable fiscal year (or as soon thereafter as the Secretary
concerned determines is practicable)''.
(2) Evaluation and approval of projects by secretary
concerned.--Section 204(e) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7124(e)) is
amended by striking paragraph (3).
(3) Resource advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012''
each place it appears and inserting ``2015''.
(4) Availability of project funds.--Section 207(a) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7127(a)) is amended by striking ``September 30,
2008 (or as soon thereafter as the Secretary concerned
determines is practicable), and each September 30 thereafter
for each succeeding fiscal year through fiscal year 2013'' and
inserting ``September 30 of each applicable fiscal year (or as
soon thereafter as the Secretary concerned determines is
practicable)''.
(5) Termination of authority.--Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7128) is amended--
(A) in subsection (a), by striking ``2013'' and
inserting ``2016 (or as soon thereafter as the
Secretary concerned determines is practicable)''; and
(B) in subsection (b), by striking ``2014'' and
inserting ``2017''.
(d) Continuation of Authority To Reserve and Use County Funds.--
Section 304 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7144) is amended--
(1) in subsection (a), by striking ``2013'' and inserting
``2016 (or as soon thereafter as the Secretary concerned
determines is practicable)''; and
(2) in subsection (b), by striking ``September 30, 2014,
shall be returned to the Treasury of the United States'' and
inserting ``September 30, 2017, may be retained by the counties
for the purposes identified in section 302(a)(2)''.
(e) Authorization of Appropriations.--Section 402 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7152) is amended by striking ``2013'' and inserting ``2016''.
(f) Availability of Funds.--
(1) Title ii funds.--Any funds that were not obligated as
required by section 208 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7128) (as
in effect on the day before the date of enactment of this Act)
shall be available for use in accordance with title II of that
Act (16 U.S.C. 7121 et seq.).
(2) Title iii funds.--Any funds that were not obligated as
required by section 304 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7144) (as
in effect on the day before the date of enactment of this Act)
shall be available for use in accordance with title III of that
Act (16 U.S.C. 7141 et seq.).
SEC. 3. RESTORING MANDATORY FUNDING STATUS TO THE PAYMENT IN LIEU OF
TAXES PROGRAM.
Section 6906 of title 31, United States Code, is amended in the
matter preceding paragraph (1), by striking ``of fiscal years 2008
through 2014'' and inserting ``fiscal year''. | Secure Rural Schools and Payment in Lieu of Taxes Repair Act This bill extends the Secure Rural Schools and Community Self-Determination Program through FY2016 at FY2011 funding levels. This Program provides payments to state jurisdictions to compensate for the cost of providing services in tax-exempt federal lands within such jurisdictions. The bill also eliminates the fiscal year limitation on funding for the Payments in Lieu of Taxes Program. This program compensates local governments for tax revenue lost due to tax-exempt federal lands within their boundaries. | {"src": "billsum_train", "title": "Secure Rural Schools and Payment in Lieu of Taxes Repair Act"} | 2,070 | 118 | 0.516266 | 1.300434 | 0.547263 | 2.092784 | 17.391753 | 0.628866 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Equal Access to Mortgage
Finance Programs Act''.
SEC. 2. PERMANENT CONFORMING LOAN LIMIT INCREASE FOR FREDDIE MAC AND
FANNIE MAE.
(a) Freddie Mac.--
(1) Increase.--Paragraph (2) of section 305(a) of the
Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)) is amended--
(A) by inserting ``(A)'' after ``(2)'';
(B) in the first sentence, by redesignating clauses
(A) through (C) as clauses (i) through (iii),
respectively;
(C) in the second sentence, by striking ``clause
(A)'' and inserting ``clause (i)''; and
(D) in the last sentence--
(i) by striking ``115 percent'' each place
such term appears and inserting ``125
percent''; and
(ii) by striking ``150 percent'' and
inserting ``175 percent''.
(2) Discretionary authority to limit decreases.--Paragraph
(2) of section 305(a) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1454(a)(2)), as amended by paragraph
(1), is further amended by adding at the end the following new
subparagraph:
``(B) Notwithstanding the calculation of the limitation on the
maximum original principal obligation of a mortgage that may be
purchased by the Corporation for an area pursuant to the last sentence
of subparagraph (A), if any recalculation of the local median home
price for any area would otherwise result in a decrease in the maximum
original principal limitation for any size residence in any such area,
the Director of the Federal Housing Finance Agency may prevent or limit
a decrease in such limitation from taking place for any such area. In
taking such action, the Director shall consider such factors as market
dislocations caused by a decrease in such limitation, the extent of the
median home price decline, and the causes for such reduction in median
home price.''.
(b) Fannie Mae.--
(1) Increase.--Paragraph (2) of section 302(b) of the
Federal National Mortgage Association Charter Act (12 U.S.C.
1717(b)(2)) is amended--
(A) by inserting ``(A)'' after ``(2)'';
(B) in the second sentence, by redesignating
clauses (A) through (C) as clauses (i) through (iii),
respectively;
(C) in the third sentence, by striking ``clause
(A)'' and inserting ``clause (i)''; and
(D) in the last sentence--
(i) by striking ``115 percent'' each place
such term appears and inserting ``125
percent''; and
(ii) by striking ``150 percent'' and
inserting ``175 percent''.
(2) Discretionary authority to limit decreases.--Paragraph
(2) of section 302(b) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1717(b)(2)), as amended by
paragraph (1), is further amended by adding at the end the
following new subparagraph:
``(B) Notwithstanding the calculation of the limitation on the
maximum original principal obligation of a mortgage that may be
purchased by the corporation for an area pursuant to the last sentence
of subparagraph (A), if any recalculation of the local median home
price for any area would otherwise result in a decrease in the maximum
original principal limitation for any size residence in any such area,
the Director of the Federal Housing Finance Agency may prevent or limit
a decrease in such limitation from taking place for any such area. In
taking such action, the Director shall consider such factors as market
dislocations caused by a decrease in such limitation, the extent of the
median home price decline, and the causes for such reduction in median
home price.''.
SEC. 3. PERMANENT LOAN LIMIT INCREASE FOR FHA.
(a) Increase.--Subparagraph (A) of section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended--
(1) in clause (i) by striking ``115 percent'' and inserting
``125 percent''; and
(2) in clause (ii) by striking ``150 percent'' and
inserting ``175 percent''.
(b) Discretionary Authority To Limit Decreases.--Subparagraph (A)
of section 203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)(A)) is amended by inserting after ``; and'' at the end the
following: ``except that notwithstanding the calculation of the maximum
dollar amount limitation for any area pursuant to clause (i) of this
subparagraph, if any recalculation of the local median home price for
any area would otherwise result in a decrease in the maximum dollar
amount limitation for any size residence in any such area, the
Secretary, considering such factors as market dislocations caused by a
decrease in such dollar amount limitation, the extent of the median
home price decline, and the causes for such reduction in median home
price, may prevent or limit a decrease in such dollar amount limitation
from taking place for any such area; and''.
SEC. 4. EXISTING LOAN LIMITS.
This Act may not be construed to affect the loan limits for the
Federal Home Loan Mortgage Corporation or the Federal National Mortgage
Association in effect under section 146 of the Continuing
Appropriations Act, 2011 (Public Law 111-242; 124 Stat. 2615) or the
FHA mortgage amount limitations in effect under section 145 of such
Act.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2011. | Preserving Equal Access to Mortgage Finance Programs Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to increase limitations on the maximum original principal obligation of mortgages that may purchased by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Association (Freddie Mac).
Increases such limitations in areas where 125% (currently, 115%) of the median price of residences of a particular size exceed existing mortgage purchase limitations for such residence size.
Gives the Director of the Federal Housing Finance Agency (FHFA) discretion to prevent or limit a decrease in the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation for an area.
Amends the National Housing Act to raise limitations on the maximum principal obligation of mortgages that may be insured by the Secretary of Housing and Urban Development (HUD).
Gives the Secretary discretion to prevent or limit a decrease in the maximum dollar amount limitation for any area from taking place for any such area. | {"src": "billsum_train", "title": "To permanently increase the conforming loan limits for the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association and the FHA maximum mortgage amount limitations."} | 1,353 | 220 | 0.606929 | 1.720205 | 0.85119 | 3.57 | 5.915 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Wi-Net Act''.
SEC. 2. INSTALLATION OF WI-FI HOTSPOTS AND WIRELESS NEUTRAL HOST
SYSTEMS IN ALL FEDERAL BUILDINGS.
(a) In General.--The Administrator of the General Services
Administration shall--
(1) install Wi-Fi hotspots in all publicly accessible
Federal buildings constructed after the date of enactment of
this Act;
(2) allow for the installation of wireless neutral host
systems by any eligible carriers upon request in all publicly
accessible Federal buildings; and
(3) in a manner consistent with sound management
principles, retrofit all Federal buildings constructed prior to
the date of enactment of this Act on a timetable that reflects
the importance of wireless communication to the Federal
functions being performed by the occupants of such buildings,
provided that all such building shall be retrofitted not later
than December 31, 2013.
(b) Funding.--There shall be made available from the Federal
Buildings Fund established under section 592 of title 40, United States
Code, $15,000,000 to carry out this section. Such sums shall be derived
from the unobligated balance of amounts made available from the Federal
Buildings Fund for fiscal year 2010, and prior fiscal years, for
repairs and alterations and other activities (excluding amounts made
available for the energy program). Such sums shall remain available
until expended.
SEC. 3. FEDERAL EASEMENTS AND RIGHTS-OF-WAY.
(a) Grant.--If an executive agency, a State, a political
subdivision or agency of a State, or a person applies for the grant of
an easement or rights-of-way to, in, over, or on a building owned by
the Federal Government for the right to install, construct, and
maintain wireless transmitters and backhaul transmission, the executive
agency having control of the building may grant to the applicant, on
behalf of the Federal Government, an easement or rights-of-way to
perform such installation, construction, and maintenance.
(b) Application.--The Administrator of the General Services
Administration shall develop a common form for rights-of-way
applications required under subsection (a) for all executive agencies
that shall be used by applicants with respect to the buildings of each
such agency.
(c) Fee.--
(1) In general.--Notwithstanding any other provision of
law, in making a grant of an easement or rights-of-way pursuant
to subsection (a), the Administrator of the General Services
Administration shall establish a reasonable fee for the award
of such grant that is based on fair market prices.
(2) Exceptions.--The Administrator of the General Services
Administration may establish exceptions to the fee amount
required under paragraph (1)--
(A) in consideration of the public benefit provided
by a grant of an easement or rights-of-way; and
(B) in the interest of expanding wireless and
broadband coverage.
(d) Use of Fees Collected.--Any fee amounts collected by an
executive agency pursuant to subsection (b) shall be used by the agency
for the construction and maintenance of Wi-Fi hotspots and wireless
neutral host systems.
SEC. 4. MASTER CONTRACTS FOR WIRELESS TRANSMITTER SITINGS.
(a) In General.--Notwithstanding section 704 of the
Telecommunications Act of 1996, or any regulation pursuant thereto, or
any other provision of law, and not later than 60 days after the date
of enactment of this Act, the Administrator of the General Services
Administration shall develop one or more master contracts that shall
govern the placement of wireless transmitters on buildings owned by the
Federal Government. Such master contract shall, with respect to the
siting of wireless transmitters, standardize the treatment of covering
rooftop space, equipment, and technology, and any other key issues that
the Administrator determines appropriate.
(b) Applicability.--The master contract developed by the
Administrator of the General Services Administration under subsection
(a) shall apply to all publicly accessible buildings owned by the
Federal Government, unless the Administrator decides that local issues
with respect to the siting of wireless transmitters requires non-
standard treatment of a specific building.
(c) Application.--The Administrator of the General Services
Administration shall develop a common form or set of forms for wireless
transmitter siting applications required under this section for all
executive agencies that shall be used by applicants with respect to the
buildings of each such agency.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Wireless neutral host system.--The term ``wireless
neutral host system'' means a small cellular communications
base station and related antenna, such as a femtocell,
picocell, or similar device or apparatus, that is connected to
a broadband service to provide--
(A) improved cellular coverage within a building;
and
(B) increased network capacity.
(2) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a site
or area in which the public can access the Internet via a
wireless connection. | Federal Wi-Net Act - Requires the Administrator of the General Services Administration (GSA) to: (1) install or retrofit wireless Internet connections in federal buildings; and (2) allow eligible carriers, upon request, to install wireless neutral host systems in all publicly accessible federal buildings.
Authorizes the executive agency controlling a federal government building to grant an easement or rights-of-way, for the installation, construction, and maintenance of wireless transmitters and backhaul transmission, to an executive agency, state, or individual applicant.
Requires the Administrator to establish a fee for awarding such easement or rights-of-way that is based on fair market prices, subject to certain exceptions. Requires any fees collected to be used by the relevant agency for construction and maintenance of Wi-Fi hotspots and wireless neutral host systems.
Directs the Administrator to develop one or more master contracts to govern the placement of wireless transmitters on federal government buildings. | {"src": "billsum_train", "title": "A bill to direct the Administrator of the General Services Administration to install Wi-Fi hotspots and wireless neutral host systems in all Federal buildings in order to improve in-building wireless communications coverage and commercial network capacity by offloading wireless traffic onto wireless broadband networks."} | 1,121 | 206 | 0.68431 | 1.980025 | 0.889986 | 3.808743 | 5.540984 | 0.945355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Life Insurance Fairness for
Travelers Act of 2005''.
SEC. 2. AMENDMENTS TO TRIA.
The Terrorism Risk Insurance Act of 2002 (Public Law 107-297; 116
Stat. 2322) is amended by adding at the end the following new title:
``TITLE IV--FAIRNESS FOR LIFE INSURANCE PURCHASERS
``SEC. 401. CONGRESSIONAL FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) life insurance companies are increasingly using the
future plans of Americans to engage in lawful foreign travel as
a reason to either deny persons life insurance or to charge
premiums that are not commensurate with the risk of such
travel; and
``(2) that such denials of insurance and disproportionate
premiums may deter Americans from purchasing insurance that
they and their families may need.
``(b) Purpose.--The purpose of this title is to establish uniform
rules relating to the use of foreign travel as a factor in setting life
insurance eligibility and rating.
``SEC. 402. PROHIBITION AGAINST DISCRIMINATION IN LIFE INSURANCE
POLICIES BASED ON FUTURE FOREIGN TRAVEL PLANS.
``(a) In General.--It shall be unlawful for any insurer to deny any
person life insurance, or to otherwise discriminate in the issuance,
cancellation, amount of coverage, or conditions of life insurance,
based upon the intent of such person to engage in future lawful foreign
travel.
``(b) Insurance Rates.--It shall be unlawful for any insurer to
charge rates for life insurance which are excessive or unfairly
discriminatory in relation to the actuarial risk associated with future
lawful foreign travel of such person.
``SEC. 403. ADMINISTRATIVE ENFORCEMENT.
``(a) State Enforcement.--In addition to such other remedies as are
provided under State law, the chief law enforcement officer of a State,
or an official or agency designated by a State, may bring an action to
enjoin any person who has violated or is violating this title.
``(b) Enforcement by the Secretary.--The Secretary shall enforce
this Act in any State that the Secretary determines does not have a
comparable State law or a law that the Secretary has determined is not
inconsistent under section 405.
``SEC. 404. EFFECT ON STATE LAWS.
``(a) In General.--This title does not annul, alter, or affect, or
exempt any insurer subject to the provisions of this title from
complying with the laws of any State with respect to the use of
prospective lawful foreign travel for the purposes of underwriting or
rating life insurance except to the extent that such laws are
inconsistent with any provision of this title and then only to the
extent of the inconsistency. The Secretary is authorized to determine
whether such inconsistencies exist. The Secretary may not determine
that any State law is inconsistent with any provision of this title if
the Secretary determines that such law gives greater protection to the
insured.
``(b) State Exemptions.--The Secretary shall, by regulation, exempt
from the requirements of this title any class of insurance transactions
within any State if the Secretary determines that under the law of that
State that class of transaction is subject to requirements
substantially similar to those imposed under this title or that such
law gives greater protection to the consumer, and that there is
adequate provision for enforcement.
``SEC. 405. DEFINITIONS.
``In this title, the following definitions shall apply:
``(1) Insurer.--The term `insurer' means any entity,
including any affiliate thereof, that is licensed or admitted
to engage in the business of providing life insurance in any
State.
``(2) Insured.--The term `insured' means any natural person
who purchases, or attempts to purchase, life insurance.
``(3) Life insurance.--
``(A) In general.--The term `life insurance' means
insurance for which the probabilities of the duration
of human life or the rate of mortality are an element
or condition of insurance.
``(B) Included insurance.--Such term includes the
granting of--
``(i) endowment benefits;
``(ii) additional benefits in the event of
death by accident or accidental means;
``(iii) disability income benefits;
``(iv) additional disability benefits that
operate to safeguard the contract from lapse or
to provide a special surrender value, or
special benefit in the event of total and
permanent disability;
``(v) benefits that provide payment or
reimbursement for long-term home health care,
or long-term care in a nursing home or other
related facility;
``(vi) burial insurance; and
``(vii) optional modes of settlement of
proceeds of life insurance.
``(C) Exclusions.--Such term does not include
property and casualty insurance, health insurance or
workers compensation insurance.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``SEC. 406. REGULATIONS.
`` The Secretary shall issue regulations to carry out the purposes
of this title.
``SEC. 407. APPLICABILITY.
``This title shall apply to any policy for life insurance coverage
issued, renewed, altered, or modified or canceled after the expiration
of the 6-month period beginning on the date of the enactment of the
Life Insurance Fairness for Travelers Act of 2005.''.
SEC. 3. TIMING OF REGULATIONS.
The Secretary of the Treasury shall issue the regulations required
by section 406 of the Terrorism Risk Insurance Act of 2002, as added by
section 2 of this Act, not later than the expiration of the 6-month
period beginning on the date of the enactment of this Act.
SEC. 4. TECHNICAL AMENDMENT.
The table of contents in section 1(b) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the
end the following new items:
``TITLE IV--FAIRNESS FOR LIFE INSURANCE PURCHASERS
``Sec. 401. Congressional findings and purposes.
``Sec. 402. Prohibition against discrimination in life insurance
policies based on future foreign travel
plans.
``Sec. 403. Administrative enforcement.
``Sec. 404. Effect on State laws.
``Sec. 405. Definitions.
``Sec. 406. Regulations.
``Sec. 407. Applicability.''. | Life Insurance Fairness for Travelers Act of 2005 - Amends the Terrorism Risk Insurance Act of 2002 to make it unlawful for any insurer to: (1) deny any person life insurance, or to otherwise discriminate in the issuance, cancellation, amount of coverage, or conditions of life insurance, based upon the person's intent to engage in future lawful foreign travel; and (2) charge rates for life insurance which are excessive or unfairly discriminatory in relation to the actuarial risk associated with future lawful foreign travel of such person.
Provides for administrative enforcement of this Act by either: (1) the chief law enforcement officer of a state, or an official or agency designated by a state; or (2) the Secretary of the Treasury. | {"src": "billsum_train", "title": "To establish minimum standards relating to a factor for life insurance eligibility and rates, and for other purposes."} | 1,529 | 158 | 0.698199 | 2.080763 | 0.786975 | 6.965035 | 9.307692 | 0.965035 |
PANEL--
ESTABLISHMENT.
(a) In General.--If negotiations conducted under section 103 do not
result in a settlement, the Secretary may refer the State and Indian
tribe involved to the Panel established under subsection (b).
(b) Authority of Panel.--To the extent allowable by law, the Panel
may consider and render a decision on a dispute referred to the Panel
under this section.
(c) Taxation.--Any claim involving the legitimacy of a claim for
the collection or payment of certain retail taxes owed by an Indian
tribe to a State or political subdivision thereof and shall include or
admit of counterclaims, setoffs, or related claims submitted or filed
by the tribe in question regarding the original claim.
(d) Membership of the Panel.--
(1) In general.--The Panel shall consist of--
(A) 1 representative from the Department of the
Interior;
(B) 1 representative from the Department of
Justice;
(C) 1 representative from the Department of the
Treasury;
(D) 1 representative of State governments; and
(E) 1 representative of tribal governments of
Indian tribes.
(2) Chairperson.--The members of the Panel shall select a
Chairperson from among the members of the Panel.
(e) Federal Mediation Conciliation Service.--
(1) In general.--In a manner consistent with this title,
the Panel shall consult with the Federal Mediation Conciliation
Service (referred to in this subsection as the ``Service'')
established under section 202 of the National Labor Relations
Act (29 U.S.C. 172).
(2) Duties of service.--The Service shall, upon request of
the Panel and in a manner consistent with applicable law--
(A) provide services to the Panel to aid in
resolving disputes brought before the Panel;
(B) furnish employees to act as neutrals (as that
term is defined in section 571(9) of title 5, United
States Code) in resolving the disputes brought before
the Panel; and
(C) consult with the Administrative Conference of
the United States to maintain a roster of neutrals and
arbitrators.
SEC. 104. JUDICIAL ENFORCEMENT.
(a) Intergovernmental Agreements.--
(1) In general.--
(A) Jurisdiction.--Except as provided in
subparagraph (B), the district courts of the United
States shall have original jurisdiction with respect
to--
(i) any civil action, claim, counterclaim,
or setoff, brought by any party to an agreement
or compact entered into in accordance with this
title to secure equitable relief, including
injunctive and declaratory relief; and
(ii) the enforcement of any agreement or
compact.
(B) Damages.--No action to recover damages arising
out of or in connection with an agreement or compact
entered into under this section may be brought, except
as specifically provided for in that agreement or
compact.
(2) Consent to suit.--Each compact or agreement entered
into under this title shall specify that the partner consent to
litigation to enforce the agreement, and to the extent necessary to
enforce that agreement, each party waives any defense of sovereign
immunity.
SEC. 105. JOINT TRIBAL-FEDERAL-STATE COMMISSION ON INTERGOVERNMENTAL
AFFAIRS.
(a) In general.--The Secretary shall establish a tribal, Federal,
and State commission (to be known as the ``Tribal-Federal-State
Commission'') (referred to in this section as the ``Commission'').
(b) Members.--
(1) In general.--The Commission shall be comprised of
representatives of Indian tribes, the States, and the Federal
Government.
(2) Duties of the commission.--The Commission shall advise
the Secretary concerning issues of intergovernmental concern
with respect to Indian tribes, States, and the Federal
Government, including--
(A) law enforcement;
(B) civil and criminal jurisdiction;
(C) taxation;
(D) transportation;
(E) economy development; and
(F) other matters related to a matter described in
subparagraph (A), (B), (C), (D), or (E).
(3) Period of appointment.--Members shall be appointed for
the life of the Commission. Any vacancy in the Commission shall
not affect its powers, but shall be filled in the same manner
as the original appointment.
(4) Initial meeting.--No later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(5) Meetings.--The Commission shall meet at the call of the
Chairman.
(6) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(7) Chairman and vice chairman.--The Commission shall
select a Chairman and Vice Chairman from among its members.
(8) Powers.--
(A) Hearings.--The Commission may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the
Commission considers advisable to carry out the
purposes of this section.
(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 section. Upon request of the Chairman 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) Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services or property.
(9) 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 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 I 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) Report.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter, the Commission shall prepare and
submit to the President, the Committee on Indian Affairs of the Senate,
and the Committee on Resources of the House of Representatives a report
on the implementation of this title that includes any recommendations
that the Commission determines to be appropriate.
SEC. 106. FUNDING AND IMPLEMENTATION.
(a) In General.--With respect to any agreement or compact between
an Indian tribe and a State, the United States, upon agreement of the
parties and the Secretary, may provide financial assistance to such
parties for costs of personnel or administrative expenses in an amount
not to exceed 100 percent of the costs incurred by the parties as a
consequence of that agreement or compact, including any indirect costs
of administration that are attributable to the services performed under
the agreement or compact.
(b) Assistance.--The head of each Federal agency may, to the extent
allowable by law and subject to the availability of appropriations,
provide technical assistance, material support, and personnel to assist
States and Indian tribes in the implementation of the agreements or
compacts entered into under this title.
TITLE II--TORT LIABILITY INSURANCE
SEC. 201. LIABILITY INSURANCE, WAIVER OF DEFENSE.
(a) Tribal Priority Allocation Defined.--The term ``tribal priority
allocation'' means an allocation to a tribal priority account of an
Indian tribe by the Bureau of Indian Affairs to allow that Indian tribe
to establish program priorities and funding levels.
(b) Insurance.--
(1) In general.--Except as provided in paragraph (3), not
later than 2 years after the date of enactment of this Act, the
Secretary shall obtain or provide tort liability insurance or
equivalent coverage for each Indian tribe that receives a tribal
priority allocation from amounts made available to the Bureau of Indian
Affairs for the operation of Indian programs.
(2) Cost-effectiveness.--In carrying out paragraph (1), the
Secretary shall--
(A) ensure that the insurance or equivalent
coverage is provided in the most cost-effective manner
available; and
(B) for each Indian tribe referred to in paragraph
(1), take into consideration the extent to which the
tort liability is covered--
(i) by privately secured liability
insurance; or
(ii) chapter 171 of title 28, United States
Code (commonly referred to as the ``Federal
Tort Claims Act'') by reason of an activity of
the Indian tribe in which the Indian tribe is
acting in the same capacity as an agency of the
United States.
(3) Limitation.--If the Secretary determines that an Indian
tribe, described in paragraph (1), has obtained liability
insurance in an amount and of the type that the Secretary
determines to be appropriate by the date specified in paragraph
(1), the Secretary shall not be required to provide additional
coverage for that Indian tribe.
(c) Requirements.--A policy of insurance or a document for
equivalent coverage under subsection (a)(1) shall--
(1) contain a provision that the insurance carrier shall
waive any right to raise as a defense the sovereign immunity of
an Indian tribe with respect to an action involving tort
liability of that Indian tribe, but only with respect to tort
liability claims of an amount and nature covered under the
insurance policy or equivalent coverage offered by the
insurance carrier; and
(2) not waive or otherwise limit the sovereign immunity of
the Indian tribe outside or beyond the coverage or limits of
the policy of insurance or equivalent coverage.
(d) Prohibition.--No waiver of the sovereign immunity of a Indian
tribe under this section shall include a waiver of any potential
liability for--
(1) interest that may be payable before judgment; or
(2) exemplary or punitive damages.
(e) Preference.--In obtaining or providing tort liability insurance
coverage for Indian tribes under this section, the Secretary shall, to
the greatest extent practicable, give preference to coverage
underwritten by Indian-owned economic enterprises, as defined in
section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452), except
that for the purposes of this subsection, those enterprises may include
non-profit corporations.
(f) Regulations.--To carry out this title, the Secretary shall
promulgate regulations that--
(1) provide for the amount and nature of claims to be
covered by an insurance policy or equivalent coverage provided
to an Indian tribe under this title; and
(2) establish a schedule of premiums that may be assessed
against any Indian tribe that is provided liability insurance
under this title.
SEC. 202. STUDY AND REPORT TO CONGRESS
(a) In General.--
(1) Study.--In order to minimize and, if possible,
eliminate redundant or duplicative liability insurance coverage
and to ensure that the provision of insurance of equivalent
coverage under this title is cost-effective, before carrying
out the requirements of section 201, the Secretary shall
conduct a comprehensive survey of the degree, type, and
adequacy of liability insurance coverage of Indian tribes at
the time of the study.
(2) Contents of study.--The study conducted under this
subsection shall include--
(A) an analysis of loss data;
(B) risk assessments;
(C) projected exposure to liability, and related
matters; and
(D) the category of risk and coverage involved
which may include--
(i) general liability;
(ii) automobile liability;
(iii) the liability of officials of the
Indian tribe;
(iv) law enforcement liability;
(v) workers' compensation; and
(vi) other types of liability
contingencies.
(3) Assessment of coverage by categories of risk.--For each
Indian tribe described in section 201(a)(1), for each category
of risk identified under paragraph (2), the Secretary, in
conducting the study, shall determine whether insurance
coverage other than coverage to be provided under this title or
coverage under chapter 171 of title 28, United States Code,
applies to that Indian tribe for that activity.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit a report
to Congress concerning the implementation of this title, that contains
any legislative recommendations that the Secretary determines to be
appropriate to improve the provision of insurance of equivalent
coverage to Indian tribes under this title, or otherwise achieves the
goals and objectives of this title. | TABLE OF CONTENTS:
Title I: Intergovernmental Agreements
Title II: Tort Liability Insurance
Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998 -
Title I: Intergovernmental Agreements
- Grants U.S. consent for States, Indian tribes, and tribal organizations to enter into compacts and agreements under this title, including those relating to the collection and payment of certain retail taxes. Requires copies of such compacts or agreements to be filed with the Secretary of the Interior within 30 days. Sets forth compact or agreement limitations and provisions concerning revocation and revision or renewal.
(Sec. 102) Requires good faith negotiations with regard to a claim, with the objective of achieving an intergovernmental agreement or compact. Directs the Secretary to cause to occur and facilitate such negotiations. Provides for: (1) selection of a mediator; (2) negotiation procedures; (3) the exchange of appropriate records and documentation; (4) negotiation termination after one year, unless an extension is mutually agreed upon by the parties; and (5) a negotiated settlement as the final resolution of the claim.
(Sec. 103) Authorizes the Secretary, if negotiations fail to result in a settlement, to refer the State and Indian tribe involved to the Intergovernmental Alternative Dispute Panel, which shall consult with the Federal Mediation Conciliation Service. Outlines Service duties with respect to assistance to the Panel for its dispute resolution.
(Sec. 104) Provides judicial enforcement of intergovernmental agreements under this title.
(Sec. 105) Directs the Secretary to establish the Tribal-Federal-State Commission to advise the Secretary on issues of intergovernmental concern with respect to Indian tribes, States, and the Federal Government, including law enforcement, civil and criminal jurisdiction, taxation, transportation, economy development, and related matters. Requires annual reports from the Commission to the President and specified congressional committees.
(Sec. 106) Authorizes the United States to provide financial assistance for personnel and administrative expenses under any compact or agreement reached under this title.
Title II: Tort Liability Insurance
- Directs the Secretary, within two years after the enactment of this Act, to obtain or provide tort liability insurance or equivalent coverage for each Indian tribe that receives a tribal priority allocation from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs. Requires such insurance to be obtained or provided in the most cost-effective manner available. Sets forth insurance requirements, conditions, and limitations.
(Sec. 202) Directs the Secretary, before obtaining or providing such insurance, to conduct a comprehensive study of the degree, type, and adequacy of liability insurance coverage of Indian tribes at the time of the study. Requires annual reports from the Secretary to the Congress on the implementation of this title. | {"src": "billsum_train", "title": "Indian Tribal Conflict Resolution and Tort Claims and Risk Management Act of 1998"} | 2,805 | 623 | 0.599897 | 2.145727 | 0.652948 | 2.883636 | 4.798182 | 0.847273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Traffic Equity Act of 2002''.
SEC. 2. FINDINGS AND DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) The Federal Aviation Administration (in this section
referred to as the ``FAA'') requested an exemption from Federal
personnel regulations to create a performance-based system.
(2) The Administrator of the FAA elected to implement a
system adversely impacting air traffic employees and contrary
to the basic tenets of fairness and Federal employment in
general.
(3) The report of the General Accounting Office on managers
and supervisors identified the FAA as worse, in general, than
the rest of the Government in multiple aspects.
(4) The Inspector General of the Department of
Transportation found that the new FAA compensation system is
inequitable, imposes disparate compensation on employees, has
no link between pay and performance, and is not based on
experience, qualifications, position, duties, or
responsibilities.
(5) The Committee on Appropriations of the House of
Representatives concluded that the personnel reform efforts of
the FAA have been a failure and should receive special review
in future reauthorizations.
(6) An independent study by the National Academy of Public
Administration found that the FAA has not met many of the key
goals of personnel reform.
(7) The Administrator of the FAA has ignored all
applications for redress to correct these ongoing disparities
and the inequitable treatment of employees.
(8) These actions elicit from FAA employees a sense of
betrayal of trust and commitment at a critical juncture in the
national response to security events.
(9) The actions of the Administrator of the FAA violate the
basic tenets from which the exemption to Federal personnel
regulations were requested and authorized.
(b) Definitions.--In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Air traffic control specialized compensation system.--
The term ``air traffic control specialized compensation
system'' means the compensation system implemented beginning on
October 1, 1998, for air traffic controllers in conjunction
with a collective bargaining agreement with the National Air
Traffic Controllers Association.
(3) Air traffic controller.--The term ``air traffic
controller'' means an employee of the Federal Aviation
Administration in a position classified in the 2152 occupation
series in the Federal Wage System, regardless of the employee's
assigned location or position.
(4) Air traffic mss employee.--The term ``air traffic MSS
employee'' means an air traffic controller assigned as a
manager, supervisor, or staff specialist or any additional
employee designated by the Administrator or the Director of the
Air Traffic Service as critical to accomplishing the air
traffic control mission of the Federal Aviation Administration.
(5) Covered air traffic mss employee.--The term ``covered
air traffic MSS employee'' means an air traffic MSS employee
covered by the air traffic control specialized compensation
system.
(6) FAA field facilities.--The term `FAA field facilities'
means the air traffic control towers, terminal radar approach
controls, and enroute centers of the Federal Aviation
Administration.
(7) FAA headquarters.--The term ``FAA headquarters'' means
the headquarters of the Federal Aviation Administration in
Washington, D.C., including organizations that have elements
that are physically resident at other locations (such as the
Federal Aviation Administration Academy and the William J.
Hughes Technical Center).
(8) FAA regional offices.--The term ``FAA regional
offices'' means the 9 regional offices of the Federal Aviation
Administration.
(9) Uncovered air traffic mss employee.--The term
``uncovered air traffic MSS employee'' means an air traffic MSS
employee not covered by the air traffic control specialized
compensation system.
SEC. 3. ADJUSTMENT IN PAYMENT RATES.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Administrator shall adjust the annual rates of basic
pay applicable to uncovered air traffic MSS employees to align the
rates with the annual rates of basic pay applicable to covered air
traffic MSS employees.
(b) Adjustments.--In adjusting annual rates of basic pay under
subsection (a), the Administrator shall--
(1) align staff specialists assigned to FAA field
facilities with MSS-1 positions under the air traffic control
specialized compensation system;
(2) align staff specialists assigned to FAA regional
offices and FAA headquarters with MSS-2 positions under the air
traffic control specialized compensation system;
(3) align special assistants assigned to FAA regional
offices and FAA headquarters, and branch managers assigned to
FAA headquarters, with MSS-3 positions under the air traffic
control specialized compensation system; and
(4) align branch managers assigned to FAA regional offices,
and division mangers and deputy division managers assigned to
FAA Headquarters, with MSS-4 positions under the air traffic
control specialized compensation system.
(c) Pay Level.--The adjusted annual rate of basic pay established
under subsection (a) for an uncovered air traffic MSS employee shall be
based on the highest air traffic control level in the employee's
geographic area of responsibility.
(d) Increases.--With respect to an employee who was employed as an
uncovered air traffic MSS employee during all or any portion of the
period beginning on October 1, 1998, and ending on the date of
enactment of this Act, the adjusted annual rate of pay of the employee
established under subsection (a) shall take into account any increase
that the employee would have received had the employee been covered by
the air traffic control specialized compensation system during the
period of such employment.
(e) Limitation.--The Administrator shall not reduce the annual rate
of basic pay of any employee as the result of a pay adjustment under
this section.
SEC. 4. LUMP SUM PAYMENT.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, and subject to amounts being made available in advance in
appropriations Acts, the Administrator shall make a lump sum payment to
each individual employed as an uncovered air traffic MSS employee
during all or any portion of the period beginning on October 1, 1998,
and ending on the date of enactment of this Act, including former air
traffic MSS employees.
(b) Amount of Payment.--The amount of a lump sum payment to an
employee under subsection (a) shall equal the difference between--
(1) the amount of basic pay that the employee would have
received for employment as an air traffic MSS employee in the
period beginning on October 1, 1998, and ending on the date of
enactment of this subsection had the employee been covered by
the air traffic control specialized compensation system during
the period of such employment; and
(2) the amount of basic pay actually received by the
employee for such employment in such period.
(c) Inclusion of Retirement Benefits.--In determining the amount of
basic pay of an employee under this section, the Administrator shall
include future retirement benefits attributable to the employee's
annual rate of basic pay, as estimated by the Administrator.
SEC. 5. TREATMENT OF GROUPS OF EMPLOYEES.
In calculating the amount of a pay adjustment under section 3 and a
lump sum payment under section 4, the Administrator may group employees
in similar positions, in similar locations, and with similar lengths of
service in order to avoid making a separate calculation with respect to
each employee.
SEC. 6. INDIVIDUAL APPEAL RIGHTS.
(a) In General.--An individual aggrieved by a final determination
under this Act shall be entitled to appeal such determination to the
Merit Systems Protection Board under title 5, United States Code, or
through any contractual grievance procedure that is applicable to the
employee as a member of a collective bargaining unit.
(b) Compensation Appeals.--The Office of Personnel Management shall
by regulation establish procedures under which individuals may bring an
appeal to the Office with respect to any failure to have been properly
compensated in accordance with this Act. A final determination under
this subsection shall be appealable under subsection (a).
(c) Election of Forum.--Where a determination may be contested
through more than one of the indicated forums (such as the contractual
grievance procedure or that of the Merit Systems Protection Board), an
employee must elect the forum through which the matter will be
contested. Nothing in this section is intended to allow an employee to
contest an action through more than one forum unless otherwise
authorized by law.
SEC. 7. COORDINATION WITH UNIONS.
The Administrator shall promptly coordinate implementation of the
requirements of this Act with the unions representing employees
affected by this Act. If an agreement is not reached within sufficient
time to implement the provisions of this Act by the specified
deadlines, the lack of an agreement shall not delay that implementation
for those employees for whom an agreement has been reached or where
such an agreement is not required. | Air Traffic Equity Act of 2002 - Directs the Administrator of the Federal Aviation Administration (FAA) to adjust the annual rates of basic pay applicable to uncovered air traffic MSS employees (an air traffic controller assigned as a manager, supervisor, or staff specialist or any additional employee designated as critical to accomplishing the FAA air traffic control mission that is not covered by the air traffic control specialized compensation system). Requires such adjustment to align the rates with the annual rates of basic pay applicable to covered air traffic MSS employees (air traffic MSS employees covered by the air traffic control specialized compensation system). Sets forth certain basic pay adjustment requirements, including the payment of a lump sum to uncovered and former air traffic MSS employees. Entitles an individual aggrieved by a final determination under this Act to appeal to the Merit Systems Protection Board, or through any contractual grievance procedure applicable to the employee as a member of a collective bargaining unit. | {"src": "billsum_train", "title": "To provide equitable pay to air traffic managers, supervisors, and specialists of the Federal Aviation Administration at regional and headquarters locations, and for other purposes."} | 1,956 | 207 | 0.539311 | 1.603297 | 0.807777 | 5.361582 | 10.231638 | 0.966102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SCHIP Expansion Act of 2004''.
SEC. 2. ELIGIBILITY OF ALL UNINSURED CHILDREN FOR SCHIP.
(a) In General.--Section 2110(b) of the Social Security Act (42
U.S.C. 1397jj(b)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as
subparagraph (B);
(2) in paragraph (2)--
(A) by striking ``include'' and all that follows
through ``a child who is an'' and inserting ``include a
child who is an''; and
(B) by striking the semicolon and all that follows
through the period and inserting a period; and
(3) by striking paragraph (4).
(b) No Exclusion of Children With Access to High-Cost Coverage.--
Section 2110(b)(3) of the Social Security Act (42 U.S.C. 1397jj(b)(3))
is amended--
(1) in the paragraph heading, by striking ``rule'' and
inserting ``rules'';
(2) by striking ``A child'' and inserting the following:
``(A) Certain non federally funded coverage.--A
child''; and
(3) by adding at the end the following:
``(B) No exclusion of children with access to high-
cost coverage.--A State shall not exclude a child from
being treated as a targeted vulnerable child who has
access to coverage under a group health plan or health
insurance coverage if the total annual aggregate cost
for premiums, deductibles, cost sharing, and similar
charges imposed under the group health plan or health
insurance coverage with respect to all targeted
vulnerable children in the child's family exceeds 5
percent of such family's income for the year
involved.''.
(c) Conforming Amendments.--
(1) Titles XIX and XXI of the Social Security Act (42
U.S.C. 1396 et seq.; 1397aa et. seq.) are amended by striking
``targeted low-income'' each place it appears and inserting
``targeted vulnerable''.
(2) Section 2102(b)(3)(C) of the Social Security Act (42
U.S.C. 1397bb(b)(3)(C)) is amended by inserting ``particularly
with respect to children whose family income exceeds 200
percent of the poverty line'' before the semicolon.
(d) Effective Date.--The amendments made by this section take
effect on October 1, 2004.
SEC. 3. INCREASE IN FEDERAL FINANCIAL PARTICIPATION UNDER SCHIP AND
MEDICAID FOR STATES WITH SIMPLIFIED ENROLLMENT AND
RENEWAL PROCEDURES FOR CHILDREN.
(a) SCHIP.--Section 2105(c)(2) of the Social Security Act (42
U.S.C. 1397ee(c)(2)) is amended by adding at the end the following:
``(C) Nonapplication of limitation and increase in
federal payment for states with simplified enrollment
and renewal procedures.--
``(i) In general.--Notwithstanding
subsection (a)(1) and subparagraph (A)--
``(I) the limitation under
subparagraph (A) on expenditures for
items described in subsection (a)(1)(D)
shall not apply with respect to
expenditures incurred to carry out any
of the outreach strategies described in
clause (ii), but only if the State
carries out the same outreach
strategies for children under title
XIX; and
``(II) the enhanced FMAP for a
State for a fiscal year otherwise
determined under subsection (b) shall
be increased by 5 percentage points
(without regard to the application of
the 85 percent limitation under that
subsection)) with respect to such
expenditures.
``(ii) Outreach strategies described.--For
purposes of clause (i), the outreach strategies
described in this clause are the following:
``(I) Presumptive eligibility.--The
State provides for presumptive
eligibility for children under this
title and under title XIX.
``(II) Adoption of 12-month
continuous eligibility.--The State
provides that eligibility for children
shall not be redetermined more often
than once every year under this title
or under title XIX.
``(III) Elimination of asset
test.--The State does not apply any
asset test for eligibility under this
title or title XIX with respect to
children.
``(IV) Passive renewal.--The State
provides for the automatic renewal of
the eligibility of children for
assistance under this title and under
title XIX if the family of which such a
child is a member does not report any
changes to family income or other
relevant circumstances, subject to
verification of information from State
databases.''.
(b) Medicaid.--
(1) In general.--Section 1902(l) of the Social Security Act
(42 U.S.C. 1396a(l)) is amended--
(A) in paragraph (3), by inserting ``subject to
paragraph (5)'', after ``Notwithstanding subsection
(a)(17),''; and
(B) by adding at the end the following:
``(5)(A) Notwithstanding the first sentence of section 1905(b),
with respect to expenditures incurred to carry out any of the outreach
strategies described in subparagraph (B) for individuals under 19 years
of age who are eligible for medical assistance under subsection
(a)(10)(A), the Federal medical assistance percentage is equal to the
enhanced FMAP described in section 2105(b) and increased under section
2105(c)(2)(C)(i)(II), but only if the State carries out the same
outreach strategies for children under title XXI.
``(B) For purposes of subparagraph (A), the outreach strategies
described in this subparagraph are the following:
``(i) Presumptive eligibility.--The State provides for
presumptive eligibility for such individuals under this title
and title XXI.
``(ii) Adoption of 12-month continuous eligibility.--The
State provides that eligibility for such individuals shall not
be redetermined more often than once every year under this
title or under title XXI.
``(iii) Elimination of asset test.--The State does not
apply any asset test for eligibility under this title or title
XXI with respect to such individuals.
``(iv) Passive renewal.--The State provides for the
automatic renewal of the eligibility of such individuals for
assistance under this title and under title XXI if the family
of which such an individual is a member does not report any
changes to family income or other relevant circumstances,
subject to verification of information from State databases.''.
(2) Conforming amendment.--The first sentence of section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is
amended by striking ``section 1933(d)'' and inserting
``sections 1902(l)(5) and 1933(d)''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2004.
SEC. 4. ELIMINATION OF SCHIP DIP AND INCREASE IN FUNDING.
(a) In General.--Section 2104(a) of the Social Security Act (42
U.S.C. 1397dd(a)) is amended--
(1) in paragraphs (5), (6), and (7), by striking
``$3,150,000,000'' each place it appears and inserting
``$4,275,000,000'';
(2) in paragraphs (8) and (9), by striking
``$4,050,000,000'' each place it appears and inserting
``$9,050,000,000''; and
(3) in paragraph (10), by striking ``$5,000,000,000'' and
inserting ``$10,000,000,000''.
(b) Effective Date.--The amendments made by this section take
effect on October 1, 2004, and apply to allotments and redistributions
of unused allotments made on or after that date.
SEC. 5. LIMITATION ON PAYMENTS TO STATES THAT HAVE AN ENROLLMENT CAP
BUT HAVE NOT EXHAUSTED THE STATE'S AVAILABLE ALLOTMENTS.
(a) In General.--Section 2105 of the Social Security Act (42 U.S.C.
1397ee) is amended by adding at the end the following:
``(h) Limitation on Payments to States That Have an Enrollment Cap
but Have Not Exhausted the State's Available Allotments.--
``(1) In general.--Notwithstanding any other provision of
this section, payment shall not be made to a State under this
section if the State has an enrollment freeze, enrollment cap,
procedures to delay consideration of, or not to consider,
submitted applications for child health assistance, or a
waiting list for the submission or consideration of such
applications or for such assistance, and the State has not
fully expended the amount of all allotments available with
respect to a fiscal year for expenditure by the State,
including allotments for prior fiscal years that remain
available for expenditure during the fiscal year under
subsection (c) or (g) of section 2104 or that were
redistributed to the State under subsection (f) or (g) of
section 2104.
``(2) Rule of construction.--Paragraph (1) shall not be
construed as prohibiting a State from establishing regular open
enrollment periods for the submission of applications for child
health assistance.''.
(b) Effective Date.--The amendments made by this section take
effect on October 1, 2004.
SEC. 6. APPLICATION OF MEDICAID MANAGED CARE REQUIREMENTS TO SCHIP.
(a) In General.--Section 2107(e)(1) of the Social Security Act (42
U.S.C. 1397gg(e)(1)) is amended by adding at the end the following:
``(E) Sections 1903(m) and 1932 (relating to
requirements for managed care).''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2004. | SCHIP Expansion Act of 2004 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to: (1) make all uninsured children eligible for SCHIP; (2) prohibit the State from excluding a child who has access to high cost coverage under a group health plan or health insurance coverage from being treated as a targeted vulnerable child under SCHIP; (3) increase Federal financial participation under SCHIP and Medicaid for States with simplified enrollment and renewal procedures for children, regardless of their family income; (4) provide for an increase in funds under SCHIP and Medicaid for outreach strategies for children; (5) increase funding for SCHIP; (6) prohibit payments to a State with an enrollment cap (or related procedures) which has not exhausted its available allotments; and (7) provide for the application of Medicaid managed care requirements to States under SCHIP. | {"src": "billsum_train", "title": "A bill to amend title XXI of the Social Security Act to make all uninsured children eligible for the State children's health insurance program, to encourage States to increase the number of children enrolled in the medicaid and State children's health insurance programs by simplifying the enrollment and renewal procedures for those programs, and for other purposes."} | 2,374 | 203 | 0.518316 | 1.406176 | 0.841719 | 3.204545 | 11.011364 | 0.920455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interim Consolidated Storage Act of
2015''.
SEC. 2. DEFINITION OF INTERIM CONSOLIDATED STORAGE FACILITY.
Section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)
is amended by adding at the end the following new paragraph:
``(35) The term `interim consolidated storage facility'
means a facility that possesses a specific license issued by
the Commission that authorizes storage of high-level
radioactive waste or spent nuclear fuel received from the
Secretary or from two or more persons that generate or hold
title to high-level radioactive waste or spent nuclear fuel
generated at a civilian nuclear power reactor.''.
SEC. 3. INTERIM CONSOLIDATED STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE
AND SPENT NUCLEAR FUEL.
(a) Storage of Spent Nuclear Fuel.--Section 135(h) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10155(h)) is amended by striking
``Notwithstanding any other provisions of law'' and inserting ``Except
as provided in section 302, and subtitle I of title I''.
(b) Interim Consolidated Storage.--Title I of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at
the end the following:
``Subtitle I--Interim Consolidated Storage
``SEC. 190. INTERIM CONSOLIDATED STORAGE.
``(a) In General.--The Secretary may enter into contracts for the
storage of high-level radioactive waste or spent nuclear fuel with any
person that holds a license for an interim consolidated storage
facility.
``(b) Definition of High-Level Radioactive Waste.--For purposes of
this subtitle and section 302, the term `high-level radioactive waste'
includes Greater than Class C waste as defined in section 72.3 of title
10, Code of Federal Regulations. Nothing in this section or section 191
shall be interpreted to affect existing judicial interpretation of the
term high-level radioactive waste or to require the disposal of Greater
than Class C waste in a repository.
``SEC. 191. CONTRACTS.
``(a) In General.--The Secretary may enter into new contracts or
modify existing contracts with any person who generates or holds title
to high-level radioactive waste or spent nuclear fuel of domestic
origin for the acceptance of title and subsequent storage of such waste
or fuel at an interim consolidated storage facility, with priority for
storage given to high-level radioactive waste and spent nuclear fuel
located on sites without an operating nuclear reactor.
``(b) Contract Terms.--A contract entered into or modified under
this section shall provide that acceptance by the Secretary, and
transfer of title under subsection (d), of any high-level radioactive
waste or spent nuclear fuel for an interim consolidated storage
facility satisfies the Secretary's responsibility under a contract
entered into under section 302(a) to accept title to such waste or fuel
for disposal, with respect to such accepted waste or fuel.
``(c) Limitation.--The Secretary shall not require a person to
settle claims against the United States for the breach of a contract
entered into under section 302(a) for the disposal of high-level
radioactive waste or spent nuclear fuel as a condition precedent of
entering into or modifying a contract under this section.
``(d) Title to Material.--Delivery, and acceptance by the
Secretary, of any high-level radioactive waste or spent nuclear fuel
for an interim consolidated storage facility shall constitute a
transfer to the Secretary of title to such waste or fuel.''.
(c) Nuclear Waste Fund.--Section 302(d) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10222(d)) is amended--
(1) in paragraph (4), by striking ``in a monitored,
retrievable storage site'' and inserting ``in an interim
consolidated storage facility or monitored retrievable storage
site,'';
(2) in paragraph (5)--
(A) by striking ``a monitored, retrievable storage
site'' and inserting ``an interim consolidated storage
facility site, a monitored retrievable storage site,'';
(B) by striking ``such repository, monitored,
retrievable storage facility'' and inserting ``such
repository, interim consolidated storage facility,
monitored retrievable storage facility,''; and
(C) by striking ``; and'' and inserting a
semicolon;
(3) by redesignating paragraph (6) as paragraph (7);
(4) by inserting after paragraph (5) the following:
``(6) the fees and costs in connection with the storage of
high-level radioactive waste or spent nuclear fuel in an
interim consolidated storage facility; and''; and
(5) by inserting ``For purposes of the preceding sentence,
fees and costs described in paragraph (6) shall not be
considered amounts for the construction or expansion of any
facility.'' after ``this or subsequent legislation.''.
(d) Appropriations From the Waste Fund.--Section 302(e)(2) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(2)) is amended--
(1) by inserting ``(A)'' before ``The Secretary shall
submit''; and
(2) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), subject to subparagraph
(C), necessary amounts shall be available to the Secretary from the
Waste Fund without additional appropriations to pay for the following:
``(i) Costs described in subsection (d)(4) in connection
with storage in an interim consolidated storage facility.
``(ii) Costs described in subsection (d)(5) in connection
with an interim consolidated storage facility.
``(iii) Fees and costs described in subsection (d)(6).
``(C) The Secretary shall not expend, on fees for dry modes of
storage of high-level radioactive waste or spent nuclear fuel, amounts
totaling more than the cumulative amount of interest generated by the
Waste Fund each fiscal year, beginning in fiscal year 2016.''. | Interim Consolidated Storage Act of 2015 This bill amends the Nuclear Waste Policy Act of 1982 to authorize the Department of Energy (DOE) to enter into new contracts (or modify existing contracts) with the licensee of an interim consolidated storage facility in order to take title to and store in it either high-level radioactive waste or spent nuclear fuel of domestic origin. The bill defines: "interim consolidated storage facility" as a facility licensed by the Nuclear Regulatory Commission for the storage of high-level radioactive waste or spent nuclear fuel received from DOE or from two or more persons that generate or hold title to such fuel generated at a civilian nuclear power reactor, and "high-level radioactive waste" as including Greater than Class C waste. The bill assigns priority to storage of such waste and spent fuel located on sites without an operating nuclear reactor. The bill makes appropriations targeted for the Nuclear Waste Fund available to pay for costs in connection with storage in an interim consolidated storage facility. Beginning in FY2016 DOE shall not expend, on fees for dry modes of storage of high-level radioactive waste or spent nuclear fuel, any amounts exceeding the cumulative amount of interest generated by the Fund each fiscal year. | {"src": "billsum_train", "title": "Interim Consolidated Storage Act of 2015"} | 1,412 | 264 | 0.726401 | 1.892108 | 0.887502 | 4.873418 | 5.244726 | 0.839662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Taxpayers From Corruption
Act''.
SEC. 2. FORFEITURE OF WORKER'S COMPENSATION BENEFITS BY MEMBERS OF
CONGRESS CONVERTING CAMPAIGN FUNDS TO PERSONAL USE OR
ENGAGING IN OTHER OFFENSES RELATING TO ABUSE OF THE
PUBLIC TRUST.
Section 8148 of title 5, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) If an individual is finally convicted of an offense
described in paragraph (2) and every act or omission of the individual
that is needed to satisfy the elements of the offense occurs while the
individual is a Member of Congress, the individual shall forfeit (as of
the date of such conviction) any entitlement to any benefit such
individual would otherwise be entitled to under this subchapter for any
injury occurring on or before the date of such final conviction.
``(2) An offense described in this paragraph is any of the
following:
``(A) An offense under section 201 of title 18 (relating to
bribery of public officials and witnesses).
``(B) An offense under section 203 of title 18 (relating to
compensation to Member of Congress, officers, and others in
matters affecting the Government).
``(C) An offense under section 204 of title 18 (relating to
practice in the United States Court of Federal Claims or the
United States Court of Appeals for the Federal Circuit by
Member of Congress).
``(D) An offense under section 219 of title 18 (relating to
officers and employees acting as agents of foreign principals).
``(E) An offense under section 286 of title 18 (relating to
conspiracy to defraud the Government with respect to claims).
``(F) An offense under section 287 of title 18 (relating to
false, fictitious or fraudulent claims).
``(G) An offense under section 597 of title 18 (relating to
expenditures to influence voting).
``(H) An offense under section 599 of title 18 (relating to
promise of appointment by candidate).
``(I) An offense under section 602 of title 18 (relating to
solicitation of political contributions).
``(J) An offense under section 606 of title 18 (relating to
intimidation to secure political contributions).
``(K) An offense under section 607 of title 18 (relating to
place of solicitation).
``(L) An offense under section 641 of title 18 (relating to
public money, property or records).
``(M) An offense under section 666 of title 18 (relating to
theft or bribery concerning programs receiving Federal funds).
``(N) An offense under section 1001 of title 18 (relating
to statements or entries generally).
``(O) An offense under section 1503 of title 18 (relating
to influencing or injuring officer or juror).
``(P) An offense under section 1505 of title 18 (relating
to obstruction of proceedings before departments, agencies, and
committees).
``(Q) An offense under section 1512 of title 18 (relating
to tampering with a witness, victim, or an informant).
``(R) An offense under section 1951 of title 18 (relating
to interference with commerce by threats of violence).
``(S) An offense under section 1952 of title 18 (relating
to interstate and foreign travel or transportation in aid of
racketeering enterprises).
``(T) An offense under section 1956 of title 18 (relating
to laundering of monetary instruments).
``(U) An offense under section 1957 of title 18 (relating
to engaging in monetary transactions in property derived from
specified unlawful activity).
``(V) An offense under chapter 96 of title 18 (relating to
racketeer influenced and corrupt organizations).
``(W) An offense under section 7201 of the Internal Revenue
Code of 1986 (relating to attempt to evade or defeat tax).
``(X) An offense under section 313(b) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30114(b)) (relating to
the conversion of contributions or donations to personal use).
``(Y) An offense under section 104(a) of the Foreign
Corrupt Practices Act of 1977 (relating to prohibited foreign
trade practices by domestic concerns).
``(Z) An offense under section 10(b) of the Securities
Exchange Act of 1934 (relating to fraud, manipulation, or
insider trading of securities).
``(AA) An offense under section 4c(a) of the Commodity
Exchange Act (7 U.S.C. 6c(a)) (relating to fraud, manipulation,
or insider trading of commodities).
``(BB) An offense under section 371 of title 18 (relating
to conspiracy to commit offense or to defraud United States),
to the extent of any conspiracy to commit an act which
constitutes--
``(i) an offense under any of the previous
subparagraphs of this paragraph; or
``(ii) an offense under section 207 of title 18
(relating to restrictions on former officers,
employees, and elected officials of the executive and
legislative branches).
``(3) For purposes of this subsection--
``(A) the terms `finally convicted' and `final conviction'
refer to a conviction (i) which has not been appealed and is no
longer appealable because the time for taking an appeal has
expired, or (ii) which has been appealed and the appeals
process for which is completed; and
``(B) the term `Member of Congress' includes a Delegate or
Resident Commissioner to the Congress.''.
SEC. 3. REQUIRING ANNUAL REPORT ON INDIVIDUALS RECEIVING WORKER'S
COMPENSATION BENEFITS ON ACCOUNT OF INJURY OR DEATH OF
MEMBERS, OFFICERS, AND EMPLOYEES OF HOUSE OF
REPRESENTATIVES.
(a) Report.--Not later than October 1 of each year, the Chief
Administrative Officer of the House of Representatives shall submit a
report to the Committee on House Administration of the House of
Representatives containing a list of each individual with respect to
whom benefits and other payments were made from the Employees'
Compensation Fund under section 8147 of title 5, United States Code, on
account of the injury or death of any Member, officer, or employee of
the House (or any former Member, officer, or employee of the House)
during the most recent July 1 through June 30 expense period for which
information on such reimbursements is available, as described in
section 8417(b) of such title.
(b) Regulations.--The Committee on House Administration shall
promulgate such regulations as the committee considers necessary to
carry out subsection (a), including regulations to protect the privacy
of any individual cited in any report submitted by the Chief
Administrative Officer under such subsection. | Protecting Taxpayers From Corruption Act This bill takes away workers' compensation benefits from Members of Congress who are convicted of an offense relating to abuse of the public trust. The Chief Administrative Officer of the House of Representatives shall submit a report to Congress listing each individual with respect to whom benefits and other payments were made from the Employees' Compensation Fund, on account of the injury or death of any current or former Member, officer, or employee of the House. | {"src": "billsum_train", "title": "Protecting Taxpayers From Corruption Act"} | 1,537 | 98 | 0.477236 | 1.210855 | 0.210878 | 5.772727 | 16.295455 | 0.909091 |
SECTION 1. PILOT PROGRAM FOR GREATER DIRECT ACCESS TO SUPPORTIVE
SERVICES AND COMMUNITY COORDINATION FOR DISABLED VETERANS
FAMILIES.
(a) In General.--Commencing not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs (VA)
shall carry out a three year pilot program with community partners to
provide intensive community care coordination and supportive services
to disabled veteran families who lack access to VA or other direct
wellness services.
(b) Agreements With Community Partners.--In carrying out the pilot
program authorized by subsection (a), the Secretary shall enter into
partnership agreements with community partners described in subsection
(d) using a competitive and merit-based award process for individual
grants and for multi-service site grants to test service delivery
efficiencies and generate best practices.
(c) Community Care Coordination and Supportive Services.--The
focused community care coordination and supportive services referred to
in subsection (a) are the following:
(1) Services provided by a community partner to improve the
well-being and address the needs of disabled veteran families
who otherwise lack access to adequate VA or other direct
wellness services. Such assistance and services may include the
following:
(A) Care coordination and case management services.
(B) Outreach services.
(C) Assistance in obtaining any benefits from the
VA which the veteran may be eligible to receive,
including, but not limited to, vocational and
rehabilitation counseling, employment and training
service, educational assistance, and health care
services.
(D) Assistance in obtaining and coordinating the
provision of other public benefits provided in federal,
state or local agencies or other community partners,
defined in subsection (d), including--
(i) marriage counseling;
(ii) services for children;
(iii) suicide prevention;
(iv) substance abuse awareness and
treatment;
(v) mental health awareness and treatment;
(vi) financial counseling;
(vii) anger management counseling;
(viii) domestic violence awareness and
prevention;
(ix) employment assistance;
(x) transportation services;
(xi) child care;
(xii) housing counseling;
(xiii) preparing and updating family care
plans;
(xiv) development of strategies for living
with a veteran with post-traumatic stress
disorder or traumatic brain injury;
(xv) accessing emergency financial
assistance through philanthropic efforts; and
(xvi) other services that are deemed
appropriate to improve the well-being and
address the unique needs of disabled veteran's
families who lack access to adequate VA or
other direct wellness services and supports.
(E) Providing direct services, described in
subparagraph (D), that are necessary to improve the
well-being and address the needs of the disabled
veteran families but are otherwise unavailable through
existing public or private programs.
(d) Definitions.--In this section:
(1) The term ``community partner'' is a private nonprofit
organization.
(2) The term ``disabled veteran'' is as defined a United
States citizen or United States national with an honorable
discharge from the United States Armed Forces; and is entitled
to disability compensation (or who but for the receipt of
military retired pay would be entitled to disability
compensation) under laws administered by the Secretary of
Veterans Affairs, or was discharged or released from active
duty because of a service-connected disability.
(3) The term ``family'' is defined as a dependent of the
disabled veteran.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Veterans Affairs $2,500,000 for each
fiscal year to carry out the pilot program authorized by this section.
(f) Report.--Not later than 180 days before the completion of the
pilot program, the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the results of the pilot program,
including the number of disabled veteran families served and service
linkages or referrals and a description and assessment of the
effectiveness and achievements of the pilot program with respect to
services and treatments and mitigation of risks, including
homelessness, unemployment and suicide as well as recommended best
practices for improving access to supportive services and coordination
of care for disabled veteran families. | Directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program with community partners (private nonprofit organizations) to provide intensive community care coordination and supportive services to disabled veteran families who lack access to VA or other direct wellness services. Authorizes such services to include: care coordination and case management services; outreach services; assistance in obtaining VA benefits, including vocational and rehabilitation counseling, employment and training service, educational assistance, and health care services; assistance in obtaining and coordinating the provision of other public benefits provided in federal, state or local agencies or other community partners, including marriage counseling, services for children, suicide prevention, substance abuse awareness and treatment, mental health awareness and treatment, financial counseling, anger management counseling, domestic violence awareness and prevention, employment assistance, transportation services, child care, housing counseling, preparing and updating family care plans, development of strategies for living with a veteran with post-traumatic stress disorder or traumatic brain injury, and accessing emergency financial assistance through philanthropic efforts; and providing direct services that are necessary to improve the well-being and address the needs of the disabled veteran families but are otherwise unavailable through existing public or private programs. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to establish a pilot program to improve access to supportive services and community coordination for families of disabled veterans."} | 914 | 247 | 0.712479 | 1.774072 | 1.129961 | 5.174468 | 3.791489 | 0.970213 |
SECTION 1. FINDINGS.
Congress finds that--
(1) the historical significance of the 52-mile Going-to-
the-Sun Road in Glacier National Park, Montana, is recognized
by its--
(A) listing on the National Register of Historic
Places in 1983;
(B) designation as a National Historic Engineering
Landmark by the American Society of Civil Engineers in
1985; and
(C) designation as a National Historic Landmark in
1997;
(2) in 1997, recommendations of the Federal Highway
Administration concerning, and an engineering study of, the
Road verified significant structural damage to the Road has
occurred since the Road opened in 1932;
(3) infrastructure at most of the developed areas in the
Park is inadequate for cold-season (fall, winter, and spring)
operation, and maintenance backlog needs exist for normal
summer operation;
(4) the Many Glacier Hotel and Lake McDonald Lodge are on
the National Register of Historic Places and are National
Historic Landmarks;
(5) other accommodations operated by the concessionaire
that have possessory interest and are listed on the National
Register of Historic Places are the Rising Sun Motor Inn and
Swiftcurrent Motel;
(6) the historic hotels in the Park, operated under
concession agreements with the National Park Service, are
essential for public use and enjoyment of the Park;
(7) visitors to the Park deserve safe hotels in the Park
that meet basic needs and expectations;
(8) the historic hotels in the Park have deteriorated
significantly and need substantial repair;
(9) repairs of the hotels in the Park have been deferred
for so long that, absent any changes to the Federal law
governing concessionaires and the availability of historic tax
credits for up to 39.5 years, the remodeling costs for the
hotels exceed the capacity of the hotel concessionaire to
finance the repairs with hotel revenues;
(10) the remodeling costs of Park hotels are so high that
the concessionaire will need to finance the cost of those
repairs by borrowing the remodeling expenses and repaying them
over time out of net hotel income, which by current law is
limited to 20-year concession agreements;
(11) the season of operation for hotels is about 4 months
because the developed areas of the Park lack--
(A) water, sewer, and fire protection systems that
can operate in freezing conditions;
(B) building insulation; and
(C) heating systems;
(12) because of many factors, including the high projected
costs of remodeling, the relatively short tourist season in the
Park, and the requirement that concession agreements may not
exceed 20 years, concessionaires are unable to carry out the
scope of remodeling that is needed for the hotels in the Park;
(13) the National Park Service Concessions Management
Improvement Act of 1998 (16 U.S.C. 5951 et seq.) is based on
sound principles and is achieving its basic purposes, but there
appear to be selected instances in which the National Park
Service needs additional authority to conduct demonstration
projects; and
(14) a demonstration project is needed to carry out repairs
of the historic hotels in the Park.
SEC. 2. DEFINITIONS.
In this Act:
(1) Committee.--The term ``Committee'' means the Going-to-
the-Sun Road Citizens' Advisory Committee.
(2) Park.--The term ``Park'' means Glacier National Park,
Montana.
(3) Road.--The term ``Road'' means Going-to-the-Sun Road,
located in the Park.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. GOING-TO-THE-SUN ROAD FEASIBILITY STUDY AND REHABILITATION
PLAN.
(a) Feasibility Study.--
(1) In general.--Not later than June 30, 2001, the
Secretary, in consultation with the Committee, shall complete a
feasibility study for rehabilitation of the Road.
(2) Inclusions.--The feasibility study shall include--
(A) alternative plans for rehabilitation of the
Road, including--
(i) a ranking of the feasibility of each
plan;
(ii) an estimate of the length of time
necessary to complete each plan;
(iii) a description of which mitigation
efforts would be used to preserve resources and
minimize adverse economic effects of each plan;
(iv) an analysis of the costs and benefits
of each plan;
(v) an estimate of the cost of each plan;
(B) an analysis of long-term maintenance needs,
standards, and schedules for the Road, alternatives to
accomplish the work, maintenance staff needs, and
associated cost estimates; and
(C) a complete environmental analysis that meets
any applicable requirement of--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the National Historic Preservation Act
(16 U.S.C. 470 et seq.); and
(iii) any other applicable law.
(3) Submission.--Not later than 30 days after completion of
the feasibility study, the Secretary shall submit to the
Committee on Resources in the House of Representatives and the
Committee on Energy and Natural Resources in the Senate a copy
of the study.
(b) Rehabilitation Plan.--
(1) In general.--As soon as practicable after completing
the study and environmental analysis under subsection (a), the
Secretary shall--
(A) consider the recommendations of the Committee;
(B) make any decision documented in the
environmental analysis process; and
(C) select and implement a rehabilitation plan for
the Road.
(2) Authorized actions.--In implementing a rehabilitation
plan under this subsection, the Secretary may--
(A) use funds to--
(i) rehabilitate the Road; and
(ii) carry out transportation system
improvements or impact mitigation activities
outside the Park, if recommended in the
feasibility study and by the Committee; and
(B) seek funding for any long-term maintenance
needs identified in the feasibility study.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to implement the
rehabilitation plan (including the cost of any necessary
environmental or cultural documentation and monitoring),
$200,000,000.
(c) Continuation of Maintenance.--Nothing in this section affects
the duty of the Secretary to continue the program in effect on the day
before the date of the enactment of this Act to preserve, maintain, and
address safety concerns relating to the Road.
SEC. 4. MAINTENANCE AND UPGRADE OF UTILITY
SYSTEMS.
(a) In General.--As soon as practicable after funds are made
available under this section, the Secretary shall begin the upgrade and
continue the maintenance of utility systems that serve the Park and
facilities relating to the Park.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section, $20,000,000.
SEC. 5. HOTEL REHABILITATION.
(a) Competitive Leases of Property.--Notwithstanding section 3(k)
of Public Law 91-383 (commonly known as the ``National Park System
General Authorities Act'') (16 U.S.C. 1a-2) or any other provision of
law, subject to subsection (b), the Secretary may enter into a
competitive lease of Federal property in the Park under which a lessee
may provide visitor services to visitors to the area.
(b) Mandatory Conditions of Leases.--
(1) In general.--The Secretary shall enter into a lease
under subsection (a) only after determining that the provision
of visitor services--
(A) is necessary and appropriate for the
accommodation of visitors to the Park, taking into
consideration the value of providing additional visitor
services (including conference facilities) for groups
of visitors in the early spring and late fall months,
especially as those additional services may provide
extra revenue needed to finance improvements for the
historic hotels in Glacier National Park; and
(B) is consistent with section 402 of the National
Park Service Concessions Management Improvement Act of
1998 (16 U.S.C. 5952).
(2) Terms and conditions.--The Secretary shall include in a
lease under this subsection appropriate terms and conditions to
ensure, to the maximum extent practicable, that--
(A) any visitor service provided is--
(i) adequate; and
(ii) available at a reasonable rate--
(I) to be approved by the Secretary
in accordance with section 406 of the
National Park Service Concessions
Management Improvement Act of 1998 (16
U.S.C. 5951 et seq.); and
(II) that may be at such a level as
to allow any investment in capital
improvements for visitor services to be
recovered within a reasonable amount of
time by the concessionaire that
financed the improvements;
(B) the leased property will be properly maintained
by the lessee, and, with respect to historic property
that may be leased, preserved, and maintained in a
manner consistent with the historic character of the
property, as determined by the Secretary; and
(C) assure the lessee of adequate protection
against any loss of investment in an improvement to
real property that the lessee may make to the leased
property (including an obligation of the United States
to compensate the lessee for any loss of investment in
an improvement to real property in any circumstances
that the Secretary determines to be prudent).
(c) Leasehold Surrender Value.--In any contract for improvements,
the Secretary shall recognize the leasehold surrender value of any
existing lease that the Secretary may require to be surrendered in any
action that is associated with approving an improvement to visitor
services under this section. | Directs the Secretary to upgrade and continue the maintenance of utility systems which service the Park and its related facilities. Authorizes appropriations.
Authorizes the Secretary to enter into competitive leases of federally-owned property in the Park under which the lessee will be authorized to provide visitor services (including a hotel), subject to specified conditions. | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Interior to provide funding for rehabilitation of the Going-to-the-Sun Road in Glacier National Park, to authorize funds for maintenance of utilities related to the Park, and for other purposes."} | 2,066 | 73 | 0.347326 | 1.022142 | 0.084895 | 2.555556 | 31.126984 | 0.873016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer and Environmental
Research Act of 2008''.
SEC. 2. EXPANDING COLLABORATIVE RESEARCH ON BREAST CANCER AND THE
ENVIRONMENT.
(a) In General.--Subpart 1 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the
end the following:
``SEC. 417F. INTERAGENCY BREAST CANCER AND ENVIRONMENTAL RESEARCH
COORDINATING COMMITTEE.
``(a) Interagency Breast Cancer and Environmental Research
Coordinating Committee.--
``(1) Establishment.--Not later than 6 months after the date of
the enactment of this section, the Secretary shall establish a
committee, to be known as the Interagency Breast Cancer and
Environmental Research Coordinating Committee (in this section
referred to as the `Committee').
``(2) Duties.--The Committee shall--
``(A) share and coordinate information on existing research
activities, and make recommendations to the National Institutes
of Health and other Federal agencies regarding how to improve
existing research programs, that are related to breast cancer
research;
``(B) develop a comprehensive strategy and advise the
National Institutes of Health and other Federal agencies in the
solicitation of proposals for collaborative, multidisciplinary
research, including proposals to evaluate environmental and
genomic factors that may be related to the etiology of breast
cancer that would--
``(i) result in innovative approaches to study emerging
scientific opportunities or eliminate knowledge gaps in
research to improve the research portfolio;
``(ii) outline key research questions, methodologies,
and knowledge gaps;
``(iii) expand the number of research proposals that
involve collaboration between 2 or more national research
institutes or national centers, including proposals for
Common Fund research described in section 402(b)(7) to
improve the research portfolio; and
``(iv) expand the number of collaborative,
multidisciplinary, and multi-institutional research grants;
``(C) develop a summary of advances in breast cancer
research supported or conducted by Federal agencies relevant to
the diagnosis, prevention, and treatment of cancer and other
diseases and disorders; and
``(D) not later than 2 years after the date of the
establishment of the Committee, make recommendations to the
Secretary--
``(i) regarding any appropriate changes to research
activities, including recommendations to improve the
research portfolio of the National Institutes of Health to
ensure that scientifically-based strategic planning is
implemented in support of research priorities that impact
breast cancer research activities;
``(ii) to ensure that the activities of the National
Institutes of Health and other Federal agencies, including
the Department of Defense, are free of unnecessary
duplication of effort;
``(iii) regarding public participation in decisions
relating to breast cancer research to increase the
involvement of patient advocacy and community organizations
representing a broad geographical area;
``(iv) on how best to disseminate information on breast
cancer research progress; and
``(v) on how to expand partnerships between public
entities, including Federal agencies, and private entities
to expand collaborative, cross-cutting research.
``(3) Rule of construction.--For the purposes of the Committee,
when focusing on research to evaluate environmental and genomic
factors that may be related to the etiology of breast cancer,
nothing in this section shall be construed to restrict the
Secretary from including other forms of cancer, as appropriate,
when doing so may advance research in breast cancer or advance
research in other forms of cancer.
``(4) Membership.--
``(A) In general.--The Committee shall be composed of the
following voting members:
``(i) Not more than 7 voting Federal representatives as
follows:
``(I) The Director of the Centers for Disease
Control and Prevention.
``(II) The Director of the National Institutes of
Health and the directors of such national research
institutes and national centers (which may include the
National Institute of Environmental Health Sciences) as
the Secretary determines appropriate.
``(III) One representative from the National Cancer
Institute Board of Scientific Advisors, appointed by
the Director of the National Cancer Institute.
``(IV) The heads of such other agencies of the
Department of Health and Human Services as the
Secretary determines appropriate.
``(V) Representatives of other Federal agencies
that conduct or support cancer research, including the
Department of Defense.
``(ii) 12 additional voting members appointed under
subparagraph (B).
``(B) Additional members.--The Committee shall include
additional voting members appointed by the Secretary as
follows:
``(i) 6 members shall be appointed from among
scientists, physicians, and other health professionals,
who--
``(I) are not officers or employees of the United
States;
``(II) represent multiple disciplines, including
clinical, basic, and public health sciences;
``(III) represent different geographical regions of
the United States;
``(IV) are from practice settings, academia, or
other research settings; and
``(V) are experienced in scientific peer review
process.
``(ii) 6 members shall be appointed from members of the
general public, who represent individuals with breast
cancer.
``(C) Nonvoting members.--The Committee shall include such
nonvoting members as the Secretary determines to be
appropriate.
``(5) Chairperson.--The voting members of the Committee shall
select a chairperson from among such members. The selection of a
chairperson shall be subject to the approval of the Director of
NIH.
``(6) Meetings.--The Committee shall meet at the call of the
chairperson of the Committee or upon the request of the Director of
NIH, but in no case less often than once each year.
``(b) Review.--The Secretary shall review the necessity of the
Committee in calendar year 2011 and, thereafter, at least once every 2
years.''.
(b) Authorization of Appropriations.--For the purpose of carrying
out research activities under title IV of the Public Health Service
Act, including section 417F of such Act as added by subsection (a),
there are authorized to be appropriated $40,000,000 for each of fiscal
years 2009 through 2012. Amounts authorized to be appropriated under
the preceding sentence shall be in addition to amounts otherwise
authorized to be appropriated for such purpose under section 402A of
the Public Health Service Act (42 U.S.C. 282a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Breast Cancer and Environmental Research Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish the Interagency Breast Cancer and Environmental Research Coordinating Committee to: (1) share and coordinate information on existing breast cancer research activities and make recommendations for improvement of research programs; (2) develop a comprehensive strategy and advise the National Institutes of Health (NIH) and other federal agencies in the solicitation of proposals for collaborative, multidisciplinary research, including proposals to evaluate environmental and genomic factors that may be related to the etiology of breast cancer; (3) develop a summary of advances in federal breast cancer research relevant to the diagnosis, prevention, and treatment of cancer and other diseases and disorders; and (4) make recommendations to the Secretary regarding changes to research activities, avoiding unnecessary duplication of effort among federal agencies, public participation in decisions relating to breast cancer research, how best to disseminate information on breast cancer research progress, and how to expand partnerships between public and private entities to expand collaborative, crosscutting research. Authorizes appropriations for FY2009-FY2012. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer."} | 1,452 | 235 | 0.725698 | 2.114441 | 1.03412 | 4.77512 | 6.559809 | 0.956938 |
SECTION 1. TECHNICAL AMENDMENTS.
(a) Expired Provisions.--(1) Section 202(a)(27) of the Older
Americans Act of 1995 (42 U.S.C. 3012(a)(27)) is amended by striking
subparagraph (C).
(2) Section 205 of the Older Americans Act of 1995 (42 U.S.C. 3016)
is amended--
(A) by striking subsection (c), and
(B) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(3) Section 206(g) of the Older Americans Act of 1995 (42 U.S.C.
3017(g)) is amended--
(A) by striking paragraph (1), and
(B) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(b) Name Changes.--Section 207(b)(2) of the Older Americans Act of
1995 (42 U.S.C. 3018(b)(2)) is amended--
(1) in subparagraph (B) by striking ``Labor'' and
inserting ``the Workforce'', and
(2) in subparagraph (C) by striking ``Labor and
Human Resources'' and inserting ``Health, Education,
Labor, and Pensions
SEC. 2. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Federal Council on the Aging.--Section 204(g) of the Older
Americans Act of 1965 (42 U.S.C. 3015(g)) is amended by striking
``$300, 000 for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002''.
(b) Administration.--Section 215 of the Older Americans Act of 1995
(42 U.S.C. 3020f) is amended--
(1) in subsection (a) by striking ``1992, 1993, 1994, and
1995'' and inserting ``2000 through 2002'', and
(2) in subsection (b) by amending paragraph (1) to read as
follows:
``(1) $29,000,000 for each of the fiscal years 2000 through
2002; and''.
(c) Grants for State and Community Programs on Aging.--Section 303
of the Older Americans Act of 1995 (42 U.S.C. 3023) is amended--
(1) in subsection (a)(1) by striking ``$461,376,000 for
fiscal year 1992 and such sums as may be necessary for fiscal
years 1993, 1994, and 1995'' and inserting ``such sums as may
be necessary for fiscal years 2000 through 2002'',
(2) in subsection (b)--
(A) in paragraph (1) by striking ``$505,000,000 for
fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995'' and inserting
``such sums as may be necessary for fiscal years 2000
through 2002'',
(B) in paragraph (2) by striking ``$120,000,000 for
fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995'' and inserting
``such sums as may be necessary for fiscal years 2000 through 2002'',
and
(C) in paragraph (3) by striking
``$15,000,000 for fiscal year 1992 and such sums as may
be necessary for fiscal years 1993, 1994, and 1995''
and inserting ``such sums as may be necessary for
fiscal years 2000 through 2002'',
(3) in subsection (d) by striking ``$45,388,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002'',
(4) in subsection (e) by striking ``the fiscal years 1992,
1993, 1994, and 1995'' and inserting ``fiscal years 2000
through 2002'',
(5) in subsection (f) by striking ``$25,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002'', and
(6) in subsection (g) by striking ``$15,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002''.
(d) Availability of Surplus Commodities.--Section 311(c)(1)(A) of
the Older Americans Act of 1995 (42 U.S.C. 3030a(c)(1)(A)) is amended
by striking
``$250,000,000 for fiscal year 1992, $310,000,000 for fiscal year 1993,
$380,000,000 for fiscal year 1994, and
$460,000,000 for fiscal year 1995'' and inserting
``$460,000,000 for each of the fiscal years 2000 through 2002''.
(e) Training, Research, and Discretionary Projects and Programs.--
Section 431 of the Older Americans Act of 1995 (42 U.S.C. 3037) is
amended--
(1) in subsection (a)(1) by striking
``$72,000,000 for fiscal year 1992, and such sums as may be
necessary for fiscal years 1993, 1994, and 1995'' and inserting
``such sums as may be necessary for fiscal years 2000 through
2002'', and
(2) in subsection (b) by striking ``$450,000 for each of
the fiscal years 1992, 1993, 1994, and 1995'' and inserting
``$450,000 for each of the fiscal years 2000 through 2002''.
(f) Community Service Employment for Older Americans.--Section
508(a)(1) of the Older Americans Act of 1995 (42 U.S.C. 3056f(a)(1)) is
amended by striking ``$470,671,000 for fiscal year 1992, and such sums
as may be necessary for fiscal years 1993, 1994, and 1995'' and
inserting ``such sums as may be necessary for fiscal years 2000 through
2002''.
(g) Grants for Native Americans.--Section 633(a) of the Older
Americans Act of 1995 (42 U.S.C. 3057n(a)) is amended by striking
``$30,000,000 for fiscal year 1992 and such sums as may be necessary
for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as
may be necessary for fiscal years 2000 through 2002''.
(h) Allotments for Vulnerable Elder Rights Protection Activities.--
Section 702 of the Older Americans Act of 1995 (42 U.S.C. 3058a) is
amended--
(1) in subsection (a) by striking ``$40,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002'',
(2) in subsection (b) by striking ``$15,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002'',
(3) in subsection (c) by striking ``$10,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002'', and
(4) in subsection (d) by striking ``$15,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002''.
(i) Native American Program.--Section 751(d) of the Older Americans
Act of 1995 (42 U.S.C. 3058aa(d)) is amended by striking ``$5,000,000
for fiscal year 1992, and such sums as may be necessary for fiscal
years 1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 2000 through 2002''.
SEC. 3. TRANSFERS.
Section 308(b) of the Older Americans Act of 1965 (42 U.S.C.
3028(b)) is amended--
(1) in paragraph (4)(B)--
(A) by striking ``fiscal year 1993, 1994, 1995, or
1996'' and inserting ``a fiscal year'', and
(B) by striking ``need--'' and all that follows and
inserting ``need, an additional 10 percent of the funds
so received for the fiscal year.'', and
(2) in paragraph (5)--
(A) in subparagraph (A) by striking ``not more than
30 percent for fiscal year 1993, not more than 25
percent for fiscal year 1994, not more than 25 percent
for fiscal year 1995, and not more than 20 percent for
fiscal year 1996'' and inserting ``not more than 20
percent for the fiscal year involved'', and
(B) in subparagraph (B)--
(i) by striking ``(B)(i)'' and all that
follows through ``(ii) If'' and inserting ``(B)
If'', and
(ii) by striking ``for fiscal year 1996''
and inserting ``for a fiscal year''. | Amends the Older Americans Act of 1965 to extend through FY 2002 the authorization of appropriations for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for Vulnerable Elder Rights Protection activities; and (9) the Native American program. | {"src": "billsum_train", "title": "To amend the Older Americans Act of 1965 to extend the authorizations of appropriations for that Act, and to make technical corrections."} | 2,149 | 108 | 0.478523 | 1.217267 | 0.213282 | 3.278846 | 17.942308 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Emergencies Lack Provider
Specialists Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In communities facing environmental health hazards that
have been declared a public health emergency (pursuant to
section 104(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980), it is increasingly
difficult for the health care facilities in those areas to
recruit the specialists necessary to treat the particular
health needs of the residents. As a result, these communities
and their populations are medically underserved.
(2) Since 1970, the National Health Service Corps has
helped communities recruit health care professionals who are
committed to serving the needs of underserved populations.
SEC. 3. NATIONAL HEALTH SERVICE CORPS; PARTICIPATION OF SPECIALISTS IN
LOAN REPAYMENT AND SCHOLARSHIP PROGRAMS.
(a) Mission of Corps; Definition of Primary Health Services.--
Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C.
254d(a)(3)(D)) is amended by striking ``or mental health,'' and
inserting ``mental health, or specialists needed to serve in medically
underserved areas or populations that have needs for particular
specialists related to a public health emergency declaration (pursuant
to section 104(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980) based upon environmental
health hazard-related health concerns,''.
(b) Loan Repayment Program.--Section 338B of the Public Health
Service Act (42 U.S.C. 254l-1) is amended--
(1) in subsection (a)(1), by striking ``and physician
assistants;'' and inserting ``physician assistants, and
specialists related to the health needs of environmental
exposure affected individuals stemming from its declaration as
a public health emergency (pursuant to section 104(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980);'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by inserting before the
semicolon the following: ``, or have been det ermined
by the Secretary to be a specialist necessary to treat
the particular health needs of environmental exposure
affected individuals in an area that has been declared
a public health emergency (pursuant to section 104(a)
of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980)'';
(B) in subparagraph (B), by inserting ``specialists
related to the health needs of environmental exposure
affected individuals stemming from its declaration as a
public health emergency (pursuant to section 104(a) of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980),'' after ``mental health,'';
and
(C) in subparagraph (C)(ii), by inserting
``specialists related to the health needs of
environmental exposure affected individuals stemming
from its declaration as a public health emergency
(pursuant to section 104(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980),'' after ``dentistry,''; and
(3) by adding at the end the following:
``(i) Definition.--In this section, the term `environmental
exposure affected individual' means any individual who--
``(1) is diagnosed with a medical condition caused by the
exposure of the individual to a public health hazard to which
an emergency declaration applies, based on such medical
conditions, diagnostic standards, and other criteria as the
Secretary specifies;
``(2) as demonstrated in such manner as the Secretary
determines appropriate, has been present for an aggregate total
of 6 months in the geographic area subject to the emergency
declaration involved, during a period determined appropriate by
the Secretary; and
``(3) is determined under this section to meet the criteria
described in this subsection.''.
(c) Scholarship Program.--Section 338A of the Public Health Service
Act (42 U.S.C. 254l) is amended--
(1) in subsection (a)(1), by striking ``and physician
assistants;'' and inserting ``physician assistants, and
specialists related to the health needs of environmental
exposure affected individuals stemming from its declaration as
a public health emergency (pursuant to section 104(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980);'';
(2) in subsection (b)(1), by inserting before the semicolon
the following: ``, or have been determined by the Secretary to
be a specialist necessary to treat the particular health needs
of environmental exposure affected individuals in an area that
has been declared a public health emergency (pursuant to
section 104(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980)''; and
(3) by adding at the end the following:
``(i) In this section, the term `environmental exposure affected
individual' means any individual who--
``(1) is diagnosed with a medical condition caused by the
exposure of the individual to a public health hazard to which
an emergency declaration applies, based on such medical
conditions, diagnostic standards, and other criteria as the
Secretary specifies;
``(2) as demonstrated in such manner as the Secretary
determines appropriate, has been present for an aggregate total
of 6 months in the geographic area subject to the emergency
declaration involved, during a period determined appropriate by
the Secretary; and
``(3) is determined under this section to meet the criteria
described in this subsection.''. | Health Emergencies Lack Provider Specialists Act of 2010 - Amends the Public Health Service Act to make eligible for the National Health Service Corps loan repayment and scholarship programs specialists needed to serve medically underserved areas or populations that have needs for particular specialists related to a public health emergency declaration based upon environmental health hazard-related health concerns. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide for the participation of particular specialists determined by the Secretary of Health and Human Services to be directly related to the health needs stemming from environmental health hazards that have led to its declaration as a Public Health Emergency to be eligible under the National Health Service Corps in the National Health Service Corps Loan Repayment Program, and for other purposes."} | 1,266 | 76 | 0.566979 | 1.49336 | 1.190027 | 4.885246 | 18.47541 | 0.95082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Verify First Act''.
SEC. 2. PROVISION OF SOCIAL SECURITY NUMBER AS CONDITION OF RECEIVING
THE HEALTH INSURANCE PREMIUM TAX CREDIT.
(a) Application to Current Health Insurance Premium Tax Credit.--
Section 36B of the Internal Revenue Code of 1986, as in effect for
months beginning before January 1, 2020, is amended by redesignating
subsection (g) as subsection (h) and by inserting after subsection (f)
the following new subsection:
``(g) Social Security Number Requirement.--
``(1) In general.--No premium shall be taken into account
under subsection (b)(2)(A) with respect to any individual for
any taxable year unless the taxpayer includes such individual's
social security number on the return of tax for the taxable
year.
``(2) Application to advance payment.--No advance payment
of the credit allowed under this section with respect to any
premium described in paragraph (1) with respect to any
individual shall be made under section 1412 of the Patient
Protection and Affordable Care Act unless the Secretary, in
consultation with the Commissioner of Social Security and the
Secretary of Homeland Security, has verified the social
security number of such individual.
``(3) Social security number.--For purposes of this
subsection, the term `social security number' means a social
security number issued to an individual by the Social Security
Administration (other than a social security number issued
pursuant to clause (II) (or that portion of clause (III) that
relates to clause (II)) of section 205(c)(2)(B)(i) of the
Social Security Act) on or before the due date for filing the
return for the taxable year (for purposes of paragraph (2),
before the close of the month to which the advance payment
relates).''.
(b) Application to New Health Insurance Premium Tax Credit.--
Section 36B of the Internal Revenue Code of 1986, as in effect for
months beginning after December 31, 2019, is amended by adding at the
end the following new subsection:
``(h) Social Security Number Requirement.--
``(1) In general.--No amount shall be taken into account
under subparagraph (A) or (B) of subsection (b)(1) with respect
to any individual for any taxable year unless the taxpayer
includes such individual's social security number on the return
of tax for the taxable year.
``(2) Application to advance payment.--No advance payment
of the credit allowed under this section with respect to any
amount described in paragraph (1) with respect to any
individual shall be made under section 1412 of the Patient
Protection and Affordable Care Act unless the Secretary, in
consultation with the Commissioner of Social Security and the
Secretary of Homeland Security, has verified the social
security number of such individual.
``(3) Social security number.--For purposes of this
subsection, the term `social security number' means a social
security number issued to an individual by the Social Security
Administration (other than a social security number issued
pursuant to clause (II) (or that portion of clause (III) that
relates to clause (II)) of section 205(c)(2)(B)(i) of the
Social Security Act) on or before the due date for filing the
return for the taxable year (for purposes of paragraph (2),
before the close of the month to which the advance payment
relates).''.
(c) Omission of Correct Social Security Number Treated as
Mathematical or Clerical Error.--Section 6213(g)(2) is amended by
striking ``and'' at the end of subparagraph (P), by striking the period
at the end of subparagraph (Q) and inserting a comma, and by inserting
after subparagraph (Q) the following new subparagraph:
``(R) an omission of a correct social security
number required under subsection (h)(1) of section 36B
(subsection (g)(1) of section 36B in the case of months
beginning before January 1, 2020) to be included on a
return.''.
(d) Effective Dates.--
(1) Application to current health insurance premium tax
credit.--
(A) In general.--Except as otherwise provided in
this paragraph, the amendment made by subsection (a)
shall apply to taxable years ending after the date of
the enactment of this Act.
(B) Advance payment.--Section 36B(g)(2) of the
Internal Revenue Code of 1986, as amended by this
section and as in effect for months beginning before
January 1, 2020, shall apply to months beginning after
the date of the enactment of this Act.
(2) Application to new health insurance premium tax
credit.--The amendment made by subsection (b) shall apply to
months beginning after December 31, 2019, in taxable years
ending after such date.
(3) Treatment as mathematical or clerical error.--The
amendments made by subsection (c) shall apply to taxable years
ending after the date of the enactment of this Act. | Verify First Act This bill amends the Internal Revenue Code to require taxpayers to provide their Social Security numbers on their tax returns to be eligible for the health insurance premium tax credit. | {"src": "billsum_train", "title": "Verify First Act"} | 1,127 | 38 | 0.520308 | 1.12306 | 0.563098 | 2.228571 | 29.142857 | 0.685714 |
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