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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of State Special Agents
Retirement Act of 1998''.
SEC. 2. AMENDMENTS RELATING TO THE FOREIGN SERVICE RETIREMENT AND
DISABILITY SYSTEM.
(a) Definition of a Special Agent.--
(1) In general.--Section 804 of the Foreign Service Act of 1980
(22 U.S.C. 4044) is amended--
(A) by striking ``and'' at the end of paragraph (13);
(B) by striking the period at the end of paragraph (14) and
inserting ``; and''; and
(C) by adding at the end the following:
``(15) `special agent' means an employee of the Department of
State with a primary skill code of 2501--
``(A) the duties of whose position--
``(i) are primarily--
``(I) the investigation, apprehension, or detention
of individuals suspected or convicted of offenses
against the criminal laws of the United States; or
``(II) the protection of persons pursuant to
section 2709(a)(3) of title 22, United States Code,
against threats to personal safety; and
``(ii) are sufficiently rigorous that employment
opportunities should be limited to young and physically
vigorous individuals, as determined by the Secretary of
State pursuant to section 4823 of title 22, United States
Code;
``(B) performing duties described in subparagraph (A)
before, on, or after the date of the enactment of this
paragraph; or
``(C) transferred directly to a position which is
supervisory or administrative in nature after performing duties
described in subparagraph (A) for at least 3 years.''.
(2) Conforming amendment.--Section 852 of such Act (22 U.S.C.
4071a) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) the term `special agent' has the same meaning given in
section 804(15).''.
(b) Contributions.--
(1) In general.--Section 805(a) of such Act (22 U.S.C. 4045(a))
is amended by adding at the end the following:
``(3) For service as a special agent, paragraph (1) shall be
applied by substituting for `7 percent' the percentage that applies to
law enforcement officers under section 8334(a)(1) of title 5, United
States Code.''.
(2) Conforming amendment.--Section 805(a)(1) (22 U.S.C.
4045(a)(1)) of such Act is amended by striking ``Except as provided
in subsection (h),'' and inserting ``Except as otherwise provided
in this section,''.
(c) Special Contribution for Prior Nondeposit Service.--Section
805(d) of such Act (22 U.S.C. 4045(d)) is amended by adding at the end
the following:
``(6) Subject to paragraph (4) and subsection (h), for purposes of
applying this subsection with respect to prior service as a special
agent, the percentages of basic pay set forth in section 8334(c) of
title 5, United States Code, with respect to a law enforcement officer,
shall apply instead of the percentages set forth in paragraph (1).''.
(d) Computation of Annuities.--
(1) In general.--Section 806(a) of such Act (22 U.S.C. 4046(a))
is amended--
(A) by redesignating paragraph (6) as paragraph (7); and
(B) by inserting after paragraph (5) the following:
``(6)(A) The annuity of a special agent under this subchapter shall
be computed under paragraph (1) except that, in the case of a special
agent described in subparagraph (B), paragraph (1) shall be applied by
substituting for `2 percent'--
``(i) the percentage under subparagraph (A) of section
8339(d)(1) of title 5, United States Code, for so much of the
participant's total service as is specified thereunder; and
``(ii) the percentage under subparagraph (B) of section
8339(d)(1) of title 5, United States Code, for so much of the
participant's total service as is specified thereunder.
``(B) A special agent described in this subparagraph is any such
agent or former agent who--
``(i)(I) retires voluntarily or involuntarily under section
607, 608, 611, 811, 812, or 813, under conditions authorizing an
immediate annuity, other than for cause on charges of misconduct or
delinquency, or retires for disability under section 808; and
``(II) at the time of retirement--
``(aa) if voluntary, is at least 50 years of age and has
completed at least 20 years of service as a special agent; or
``(bb) if involuntary or disability, has completed at least
20 years of service as a special agent; or
``(ii) dies in service after completing at least 20 years of
service as a special agent, when an annuity is payable under
section 809.
``(C) For purposes of subparagraph (B), included with the years of
service performed by an individual as a special agent shall be any
service performed by such individual as a law enforcement officer
(within the meaning of section 8331(20) or section 8401(17) of title 5,
United States Code), or a member of the Capitol Police.''.
(2) Special rule for special agents with prior service under
the foreign service retirement and disability system or the civil
service retirement system.--Section 806(a) of such Act (22 U.S.C.
4046(a)), as amended by paragraph (1), is further amended--
(A) by redesignating paragraph (7) (as so redesignated by
paragraph (1)) as paragraph (8); and
(B) by inserting after paragraph (6) (as added by paragraph
(1)) the following:
``(7) In the case of a special agent who becomes or became
subject to subchapter II--
``(A) for purposes of paragraph (6)(B), any service
performed by the individual as a special agent (whether under
this subchapter or under subchapter II), as a law enforcement
officer (within the meaning of section 8331(20) or section
8401(17) of title 5, United States Code), or as a member of the
Capitol Police shall be creditable; and
``(B) if the individual satisfies paragraph (6)(B), the
portion of such individual's annuity which is attributable to
service under the Foreign Service Retirement and Disability
System or the Civil Service Retirement System shall be computed
in conformance with paragraph (6).''.
(3) Technical and conforming amendments.--
(A) Paragraph (8) of section 806(a) of such Act (22 U.S.C.
4046(a)), as so redesignated by paragraph (2)(A), is amended by
striking ``and (4)'' and inserting ``(4), and (6)''.
(B) Paragraphs (1) and (3) of section 855(b) of such Act
(22 U.S.C. 4071d(b)) are each amended by inserting ``611,''
after ``608,''.
SEC. 3. MANDATORY SEPARATION OF SPECIAL AGENTS.
The first sentence of section 812(a)(2) of the Foreign Service Act
of 1980 (22 U.S.C. 4052(a)(2)) is amended to read as follows:
``Notwithstanding paragraph (1)--
``(A) an individual described in section 4(a)(2) of the
Department of State Special Agents Retirement Act of 1998 who is
otherwise eligible for immediate retirement under this chapter; or
``(B) a Foreign Service criminal investigator/inspector of the
Office of Inspector General of the Agency for International
Development who would have been eligible for retirement pursuant to
either section 8336(c) or 8412(d) of title 5, United States Code,
as applicable, had the employee remained in civil service,
shall be separated from the Service on the last day of the month in
which such individual under subparagraph (A) or such Foreign Service
criminal investigator/inspector under subparagraph (B) attains 57 years
of age or completes 20 years of service if then over that age.''.
SEC. 4. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act--
(1) shall take effect on the date of the enactment of this Act;
and
(2) shall apply with respect to--
(A) any individual first appointed on or after that date as
a special agent who will have any portion of such individual's
annuity computed in conformance with section 806(a)(6) of the
Foreign Service Act; and
(B) any individual making an election under subsection (b),
subject to the provisions of such subsection.
(b) Election for Current Participants.--
(1) Eligibility.--An election under this subsection may be made
by any currently employed participant under chapter 8 of the
Foreign Service Act of 1980 who is serving or has served as a
special agent, or by a survivor of a special agent who was eligible
to make an election under this section.
(2) Effect of an election.--
(A) In general.--If an individual makes an election under
this subsection, the amendments made by this Act shall become
applicable with respect to such individual, subject to
subparagraph (B).
(B) Treatment of prior service.--
(i) Special contribution.--An individual may, after
making the election under this subsection, make a special
contribution up to the full amount of the difference
between the contributions actually deducted from pay for
prior service and the deductions that would have been
required if the amendments made by this Act had then been
in effect. Any special contributions under this clause
shall be computed under regulations based on section 805(d)
of the Foreign Service Act of 1980 (as amended by section
2), including provisions relating to the computation of
interest.
(ii) Actuarial reduction.--
(I) Rule if the special contribution is paid.--If
the full amount of the special contribution under
clause (i) is paid, no reduction under this clause
shall apply.
(II) Rule if less than the entire amount is paid.--
If no special contribution under clause (i) is paid, or
if less than the entire amount of such special
contribution is paid, the recomputed annuity shall be
reduced by an amount sufficient to make up the
actuarial present value of the shortfall.
(c) Regulations and Notice.--Not later than 6 months after the date
of the enactment of this Act, the Secretary of State--
(1) shall promulgate such regulations as may be necessary to
carry out this Act; and
(2) shall take measures reasonably designed to provide notice
to participants as to any rights they might have under this Act.
(d) Election Deadline.--An election under subsection (b) must be
made not later than 90 days after the date on which the relevant notice
under subsection (c)(2) is provided.
(e) Definition.--For purposes of this section, the term ``special
agent'' has the meaning given such term under section 804(15) of the
Foreign Service Act of 1980 (22 U.S.C. 4044(15)), as amended by section
2(a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Department of State Special Agents Retirement Act of 1998 - Amends the Foreign Service Act of 1980 to redefine (diplomatic security) "special agent" to mean an employee of the Department of State with a primary skill code of 2501 performing certain investigative or protective duties, or having been transferred directly to a supervisory or administrative position after performing such duties for at least three years.
Replaces the current rate for both employee and agency contributions to the Foreign Service Retirement and Disability (FSRD) Fund applicable to special agents with the same rate applicable to Federal law enforcement officers. Subjects to the percentages required for law enforcement officers any special contribution a special agent may make for prior service as a special agent.
Revises the computation of annuities for special agents to apply the formula for law enforcement officers under the Civil Service Retirement System (CSRS). Allows any special agent who elected to transfer from the FSRD System to the Foreign Service Pension System to have the portion of his or her annuity attributable to service preceding such election (including service as a Federal law enforcement officer or as a member of the Capitol Police) also computed according to the formula for law enforcement officers under CSRS.
Subjects special agents who make an election under this Act to mandatory retirement at age 57 or, if older, after 20 years of service.
Allows current participants, certain retirees, and participants' survivors to make specified elections concerning the applicability of amendments made by this Act. | {"src": "billsum_train", "title": "Department of State Special Agents Retirement Act of 1998"} | 2,709 | 317 | 0.518543 | 1.578191 | 0.770945 | 2.584229 | 8.573477 | 0.835125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Partners for Fish and Wildlife
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) approximately 60 percent of fish and wildlife in the
United States are on private land;
(2) it is imperative to facilitate private landowner-
centered and results-oriented efforts that promote efficient
and innovative ways to protect and enhance natural resources;
(3) there is no readily available source of technical
biological information that the public can access to assist
with the application of state-of-the-art techniques to restore,
enhance, and manage fish and wildlife habitats;
(4) a voluntary cost-effective program that leverages
public and private funds to assist private landowners in the
conduct of state-of-the-art fish and wildlife habitat
restoration, enhancement, and management projects is needed;
(5) durable partnerships working collaboratively with
willing private landowners to implement on-the-ground projects
has lead to the reduction of endangered species listings;
(6) Executive Order No. 13352 (69 Fed. Reg. 52989) directs
the Departments of the Interior, Agriculture, Commerce, and
Defense and the Environmental Protection Agency to pursue new
cooperative conservation programs involving the collaboration
of Federal, State, local, and tribal governments, private for-
profit and non-profit institutions, non-governmental entities,
and individuals;
(7) since 1987, the Partners for Fish and Wildlife Program
has exemplified cooperative conservation as an innovative,
voluntary partnership program that helps private landowners
restore wetland and other important fish and wildlife habitat;
and
(8) through 33,103 agreements with private landowners, the
Partners for Fish and Wildlife Program has accomplished the
restoration of 677,000 acres of wetland, 1,253,700 acres of
prairie and native grasslands, and 5,560 miles of riparian and
in-stream habitat since 1987, demonstrating much of that
success since only 2001.
(b) Purpose.--The purpose of this Act is to provide for the
restoration, enhancement, and management of fish and wildlife habitats
on private land through the Partners for Fish and Wildlife Program, a
program that works with private landowners to conduct cost-effective
habitat projects for the benefit of fish and wildlife resources in the
United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal trust species.--The term ``Federal trust
species'' means migratory birds, threatened species, endangered
species, interjurisdictional fish, marine mammals, and other
species of concern.
(2) Habitat enhancement.--
(A) In general.--The term ``habitat enhancement''
means the manipulation of the physical, chemical, or
biological characteristics of a native habitat to
change a specific function or seral stage of the native
habitat.
(B) Inclusions.--The term ``habitat enhancement''
includes--
(i) an activity conducted to increase or
decrease a specific function for the purpose of
benefitting species, including--
(I) increasing the hydroperiod and
water depth of a stream or wetland
beyond what would naturally occur;
(II) improving waterfowl habitat
conditions;
(III) establishing water level
management capabilities for native
plant communities;
(IV) creating mud flat conditions
important for shorebirds; and
(V) cross fencing or establishing a
rotational grazing system on native
range to improve grassland nesting bird
habitat conditions; and
(ii) an activity conducted to shift a
native plant community successional stage,
including--
(I) burning an established native
grass community to reduce or eliminate
invading brush or exotic species;
(II) brush shearing to set back
early successional plant communities;
and
(III) forest management that
promotes a particular seral stage.
(C) Exclusions.--The term ``habitat enhancement''
does not include regularly scheduled and routine
maintenance and management activities, such as annual
mowing or spraying of unwanted vegetation.
(3) Habitat establishment.--The term ``habitat
establishment'' means the manipulation of physical, chemical,
or biological characteristics of a project site to create and
maintain habitat that did not previously exist on the project
site, including construction of--
(A) shallow water impoundments on non-hydric soils;
and
(B) side channel spawning and rearing habitat.
(4) Habitat improvement.--The term ``habitat improvement''
means restoring or artificially providing physiographic,
hydrological, or disturbance conditions necessary to establish
or maintain native plant and animal communities, including
periodic manipulations to maintain intended habitat conditions
on completed project sites.
(5) Habitat restoration.--
(A) In general.--The term ``habitat restoration''
means the manipulation of the physical, chemical, or
biological characteristics of a site with the goal of
returning the majority of natural functions to the lost
or degraded native habitat.
(B) Inclusions.--The term ``habitat restoration''
includes--
(i) an activity conducted to return a
project site, to the maximum extent
practicable, to the ecological condition that
existed prior to the loss or degradation,
including--
(I) removing tile drains or
plugging drainage ditches in former or
degraded wetland;
(II) returning meanders and
sustainable profiles to straightened
streams;
(III) burning grass communities
heavily invaded by exotic species to
reestablish native grass and plant
communities; and
(IV) planting plant communities
that are native to the project site;
(ii) if restoration of a project site to
its original ecological condition is not
practicable, an activity that repairs 1 or more
of the original habitat functions and that
involve the use of native vegetation,
including--
(I) the installation of a water
control structure in a swale on land
isolated from overbank flooding by a
major levee to simulate natural
hydrological processes; and
(II) the placement of streambank or
instream habitat diversity structures
in streams that cannot be restored to
original conditions or profile; and
(iii) removal of a disturbing or degrading
element to enable the native habitat to
reestablish or become fully functional.
(6) Private land.--
(A) In general.--The term ``private land'' means
any land that is not owned by the Federal Government, a
State, or a political subdivision of a State.
(B) Inclusions.--The term ``private land'' includes
tribal land and Hawaiian homeland.
(7) Project.--The term ``project'' means a project carried
out under the Partners for Fish and Wildlife Program
established by section 4.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. PARTNERS FOR FISH AND WILDLIFE PROGRAM.
The Secretary shall carry out the Partners for Fish and Wildlife
Program within the United States Fish and Wildlife Service to provide
technical and financial assistance to private landowners for the
conduct of voluntary projects to benefit Federal trust species by
promoting habitat improvement, habitat restoration, habitat
enhancement, and habitat establishment.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act not
more than $75,000,000 for each of fiscal years 2006 through 2011. | Partners for Fish and Wildlife Act - Requires the Secretary of the Interior to carry out the Partners for Fish and Wildlife Program within the U.S. Fish and Wildlife Service to provide assistance to private landowners for voluntary projects to benefit Federal trust species by promoting habitat improvement, restoration, enhancement, and establishment.
Defines "Federal trust species" to include migratory birds, threatened and endangered species, interjurisdictional fish, marine mammals, and other species of concern. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to provide technical and financial assistance to private landowners to restore, enhance, and manage private land to improve fish and wildlife habitats through the Partners for Fish and Wildlife Program."} | 1,621 | 107 | 0.509365 | 1.369031 | 0.614048 | 4.776471 | 17.329412 | 0.941176 |
SECTION 1. BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL
FOREST, COLORADO.
(a) Boundary Adjustment.--The boundaries of Roosevelt National
Forest, Colorado, are hereby modified to exclude from the national
forest a parcel of real property consisting of approximately 7 acres
within the Crystal Lakes Subdivision as depicted on the map entitled
``Crystal Lakes Encroachment, HR 3299'' and dated July 15, 2008.
(b) Conveyance of Land Removed From National Forest.--The Secretary
of Agriculture shall use the authority provided by Public Law 97-465
(commonly known as the Small Tracts Act; 16 U.S.C. 521c-521i) to convey
all right, title, and interest of the United States in and to the real
property excluded from the boundaries of Roosevelt National Forest
under subsection (a) to the landowners whose real property adjoins the
excluded land and who, as of the date of the enactment of this Act,
occupy the excluded land.
(c) Consideration.--The conveyances required by subsection (b)
shall be made without consideration.
(d) Description of Real Property.--The exact acreage and legal
description of the land excluded from the boundaries of Roosevelt
National Forest under subsection (a) and conveyed under subsection (b)
shall be determined by a survey satisfactory to the Secretary.
SEC. 2. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, VIRGINIA.
(a) In General.--The Secretary of Commerce may sell or exchange to
the City of Norfolk, Virginia, in accordance with chapter 13 of title
40, United States Code, real property under the administrative
jurisdiction of the National Oceanic and Atmospheric Administration (in
this section referred to as ``NOAA''), including land and improvements
thereon, located at 538 Front Street, Norfolk, Virginia, consisting of
approximately 3.78 acres, if the Secretary--
(1) determines that the conveyance is in the best interests
of NOAA and the Federal Government; and
(2) has provided prior notification to the Committee on
Natural Resources and the Committee on Appropriations of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations
of the Senate.
(b) Consideration.--
(1) In general.--For any conveyance under this section the
Secretary shall require the City of Norfolk to provide
consideration to the United States that is not less than the
fair market value of the property conveyed by the United
States.
(2) Form.--Consideration under this subsection may include
any combination of--
(A) cash or cash equivalents;
(B) other property (either real or personal); and
(C) consideration in-kind, including--
(i) provision of space, goods, or services
of benefit to NOAA including construction,
repair, remodeling, or other physical
improvements of NOAA property;
(ii) maintenance of NOAA property;
(iii) provision of office, storage, or
other useable space; or
(iv) relocation services associated with
conveyance of property under this section.
(3) Determination of fair market value.--The Secretary
shall determine fair market value for purposes of paragraph (1)
based upon a highest- and best-use appraisal of the property
conveyed under subsection (a) conducted in conformance with the
Uniform Appraisal Standards for Professional Appraisal
Practice.
(c) Use of Proceeds.--Amounts received under subsection (b)(2)(A)
by the United States as proceeds of any conveyance under this section
shall be available to the Secretary, subject to appropriation, for--
(1) activities related to the operations of, or capital
improvements, to NOAA property; or
(2) relocation and other costs associated with the sale or
exchange.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
of property by the United States under subsection (a) as the Secretary
considers appropriate to protect the interest of the United States,
including the recoupment of any profit the City of Norfolk may realize
within three years after the date of conveyance to the City due to
resale of the property
(e) Termination.--The authority granted to the Secretary under
subsections (a) and (b) shall terminate at the end of the 24-month
period beginning on the date of enactment of this Act if no contract
for sale or exchange under subsection (a) has been entered into by the
City of Norfolk and the United States.
Passed the House of Representatives September 22, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Modifies the boundaries of Roosevelt National Forest, Colorado, to exclude from it a parcel of real property consisting of approximately seven acres within the Crystal Lakes Subdivision as depicted on a map dated July 15, 2008.
Directs the Secretary of Agriculture to use the authority provided by the Small Tracts Act to convey all interest of the United States in and to the real property excluded from the boundaries of Roosevelt National Forest under this Act to the landowners whose real property adjoins the excluded land and who occupy the excluded land.
Authorizes the Secretary of Commerce to sell or exchange to the city of Norfolk, Virginia, certain real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA), including land and improvements, located in Norfolk if the Secretary: (1) determines that such conveyance is in the best interests of NOAA and the federal government; and (2) has provided prior notification to the appropriate congressional committees.
Requires the proceeds of any conveyance under this Act to be made available for: (1) activities related to the operations of, or capital improvements to, NOAA property; or (2) relocation and other costs associated with the sale or exchange. | {"src": "billsum_train", "title": "To provide for a boundary adjustment and land conveyances involving Roosevelt National Forest, Colorado, to correct the effects of an erroneous land survey that resulted in approximately 7 acres of the Crystal Lakes Subdivision, Ninth Filing, encroaching on National Forest System land, and for other purposes."} | 1,042 | 252 | 0.734822 | 2.330475 | 0.869411 | 6.004386 | 4.004386 | 0.960526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Teacher Recruitment and
Retention Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Over the next 10 years, a large percentage of teachers
will retire, leaving American classrooms, particularly urban
and rural classrooms, facing a serious teacher shortage.
(2) The Nation will need 2,000,000 new teachers over the
next 10 years. Unfortunately, in the past this need has been
met by admitting some unqualified teachers to the classroom.
(3) There is also a chronic shortage of fully certified
special education teachers, averaging about 27,000 per year.
While the demand is ever present, institutes of higher
education are graduating fewer teachers qualified in special
education.
(4) Moreover, the burdensome paperwork and legal
requirements are factors which lead special education teachers
to leave the profession. More special education teachers move
into the general education realm than vice versa.
(5) High quality teachers are the first vital step in
ensuring students receive a high quality education.
(6) Potentially valuable teacher candidates are often lured
into different careers by higher compensation.
(7) High-quality prospective teachers need to be identified
and recruited by presenting to them a career that is respected
by their peers, is financially and intellectually rewarding,
and contains sufficient opportunities for advancement.
(8) Teacher loan forgiveness gives high-poverty schools an
effective incentive for recruiting and retaining much-needed
high quality teachers.
(9) Loan forgiveness for high-need teachers, including
special education teachers, can be a critical link in
increasing the supply of these essential educators.
(b) Purpose.--The purpose of this Act is to encourage individuals
to enter and continue in the teaching profession in order to ensure
that high quality teachers are recruited and retained in areas where
they are most needed so students attending school in such areas receive
a quality education.
SEC. 3. EXPANDED LOAN FORGIVENESS PROGRAM FOR TEACHERS.
(a) Program.--
(1) In general.--The Secretary of Education (in this
section referred to as the ``Secretary'') shall carry out a
program of assuming the obligation to repay, pursuant to
subsection (c), a loan made, insured, or guaranteed under part
B of title IV of the Higher Education Act of 1965 or part D of
such title (excluding loans made under sections 428B and 428C
of such Act or comparable loans made under part D of such
title) for any borrower who--
(A) is a new teacher;
(B)(i) is employed, for 3 consecutive complete
school years, as a full-time teacher in a school that
qualifies under section 465(a)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) for
loan cancellation for a recipient of a loan under part
E of title IV of such Act who teaches in such schools;
or
(ii) is employed, for 3 consecutive complete school
years, as a full-time special education teacher, or as
a full-time teacher of special needs children;
(C) satisfies the requirements of subsection (d);
and
(D) is not in default on a loan for which the
borrower seeks forgiveness.
(2) Award basis; priority.--
(A) Award basis.--Subject to subparagraph (B), loan
repayment under this section shall be on a first-come,
first-serve basis and subject to the availability of
appropriations.
(B) Priority.--The Secretary shall give priority in
providing loan repayment under this section for a
fiscal year to student borrowers who received loan
repayment under this section for the preceding fiscal
year.
(3) Regulations.--The Secretary is authorized to prescribe
such regulations as may be necessary to carry out the
provisions of this section.
(b) Loan Repayment.--
(1) Eligible amount.--The amount the Secretary may repay on
behalf of any individual under this section shall not exceed--
(A) the sum of the principal amounts outstanding
(not to exceed $5,000) of the individual's qualifying
loans at the end of 3 consecutive complete school years
of service described in subsection (a)(1)(B);
(B) an additional portion of such sum (not to
exceed $7,500) at the end of each of the next 2
consecutive complete school years of such service; and
(C) a total of not more than $20,000.
(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under part B or D of title IV of the Higher Education Act
of 1965.
(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
(c) Repayment to Eligible Lenders.--The Secretary shall pay to each
eligible lender or holder for each fiscal year an amount equal to the
aggregate amount of loans which are subject to repayment pursuant to
this section for such year.
(d) Application for Repayment.--
(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Years of service.--An eligible individual may apply for
loan repayment under this section after completing the required
number of years of qualifying employment.
(3) Fully qualified teachers in public elementary or
secondary schools.--An application for loan repayment under
this section shall include such information as is necessary to
demonstrate that the applicant--
(A) if teaching in a public elementary, middle, or
secondary school (other than as a teacher in a public
charter school), has obtained State certification as a
teacher (including certification obtained through
alternative routes to certification) or passed the
State teacher licensing exam and holds a license to
teach in such State; and
(B) if teaching in--
(i) a public elementary school, holds a
bachelor's degree and demonstrates knowledge
and teaching skills in each of the subject
areas in which he or she provides instruction;
or
(ii) a public middle or secondary school,
holds a bachelor's degree and demonstrates a
high level of competency in all subject areas
in which he or she teaches through--
(I) a high level of performance on
a rigorous State or local academic
subject areas test; or
(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
(4) Teachers in nonprofit private elementary or secondary
schools or charter schools.--In the case of an applicant who is
teaching in a nonprofit private elementary or secondary school,
or in a public charter school, an application for loan
repayment under this section shall include such information as
is necessary to demonstrate that the applicant has knowledge
and teaching skills in each of the subject areas in which he or
she provides instruction, as certified by the chief
administrative officer of the school.
(e) Treatment of Consolidation Loans.--A loan amount for a
consolidation loan made under section 428C of the Higher Education Act
of 1965, or a Federal Direct Consolidation Loan made under part D of
title IV of such Act, may be a qualified loan amount for the purpose of
this section only to the extent that such loan amount was used by a
borrower who otherwise meets the requirements of this section to
repay--
(1) a loan made under section 428 or 428H of such Act; or
(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
such Act.
(f) Additional Eligibility Provisions.--
(1) Continued eligibility.--Any teacher who performs
service in a school that--
(A) meets the requirements of subsection (a)(1)(B)
in any year during such service; and
(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (a).
(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.).
(3) Definition of new teacher.--The term ``new teacher''
means an individual who has not previously been employed as a
teacher in an elementary or secondary school prior to August 1,
2001, excluding employment while engaged in student teaching
service or comparable activity that is part of a preservice
education program.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 2002 and for each of the 4
succeeding fiscal years. | Quality Teacher Recruitment and Retention Act - Directs the Secretary of Education to carry out a program of student loan forgiveness in exchange for the borrower's commitment to three consecutive years of full-time teaching in low-income schools or special education teaching. | {"src": "billsum_train", "title": "To expand loan forgiveness for teachers, and for other purposes."} | 1,975 | 54 | 0.492435 | 1.241178 | 0.767819 | 1.808511 | 39.12766 | 0.87234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SCORE for Small Business Act of
2016''.
SEC. 2. SCORE REAUTHORIZATION.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended--
(1) by redesignating subsection (j) as subsection (f); and
(2) by adding at the end the following:
``(g) SCORE Program.--There are authorized to be appropriated to
the Administrator to carry out the SCORE program authorized by section
8(b)(1) such sums as are necessary for the Administrator to make grants
or enter into cooperative agreements in a total amount that does not
exceed $10,500,000 in each of fiscal years 2017 and 2018.''.
SEC. 3. SCORE PROGRAM.
Section 8 of the Small Business Act (15 U.S.C. 637) is amended--
(1) in subsection (b)(1)(B), by striking ``a Service Corps
of Retired Executives (SCORE)'' and inserting ``the SCORE
program described in subsection (c)''; and
(2) by striking subsection (c) and inserting the following:
``(c) SCORE Program.--
``(1) Definition.--In this subsection:
``(A) SCORE association.--The term `SCORE
Association' means the Service Corps of Retired
Executives Association or any successor or other
organization who receives a grant from the
Administrator to operate the SCORE program under
paragraph (2)(A).
``(B) SCORE program.--The term `SCORE program'
means the SCORE program authorized by subsection
(b)(1)(B).
``(2) Management and volunteers.--
``(A) In general.--The Administrator shall provide
a grant to the SCORE Association to manage the SCORE
program.
``(B) Volunteers.--A volunteer participating in the
SCORE program shall--
``(i) based on the business experience and
knowledge of the volunteer--
``(I) provide at no cost to
individuals who own, or aspire to own,
small business concerns personal
counseling, mentoring, and coaching
relating to the process of starting,
expanding, managing, buying, and
selling a business; and
``(II) facilitate low-cost
education workshops for individuals who
own, or aspire to own, small business
concerns; and
``(ii) as appropriate, use tools,
resources, and expertise of other organizations
to carry out the SCORE program.
``(3) Plans and goals.--The Administrator, in consultation
with the SCORE Association, shall ensure that the SCORE program
and each chapter of the SCORE program develop and implement
plans and goals to more effectively and efficiently provide
services to individuals in rural areas, economically
disadvantaged communities, and other traditionally underserved
communities, including plans for electronic initiatives, web-
based initiatives, chapter expansion, partnerships, and the
development of new skills by volunteers participating in the
SCORE program.
``(4) Annual report.--The SCORE Association shall submit to
the Administrator an annual report that contains--
``(A) the number of individuals counseled or
trained under the SCORE program;
``(B) the number of hours of counseling provided
under the SCORE program; and
``(C) to the extent possible--
``(i) the number of small business concerns
formed with assistance from the SCORE program;
``(ii) the number of small business
concerns expanded with assistance from the
SCORE program; and
``(iii) the number of jobs created with
assistance from the SCORE program.
``(5) Privacy requirements.--
``(A) In general.--Neither the Administrator nor
the SCORE Association may disclose the name, address,
or telephone number of any individual or small business
concern receiving assistance from the SCORE Association
without the consent of such individual or small
business concern, unless--
``(i) the Administrator is ordered to make
such a disclosure by a court in any civil or
criminal enforcement action initiated by a
Federal or State agency; or
``(ii) the Administrator determines such a
disclosure to be necessary for the purpose of
conducting a financial audit of the SCORE
program, in which case disclosure shall be
limited to the information necessary for the
audit.
``(B) Administrator use of information.--This
paragraph shall not--
``(i) restrict the access of the
Administrator to program activity data; or
``(ii) prevent the Administrator from using
client information to conduct client surveys.
``(C) Regulations.--
``(i) In general.--The Administrator shall
issue regulations to establish standards for--
``(I) disclosures with respect to
financial audits under subparagraph
(A)(ii); and
``(II) conducting client surveys,
including standards for oversight of
the surveys and for dissemination and
use of client information.
``(ii) Maximum privacy protection.--The
regulations issued under this subparagraph
shall, to the extent practicable, provide for
the maximum amount of privacy protection.''.
SEC. 4. ONLINE COMPONENT.
(a) In General.--Section 8(c) of the Small Business Act, as added
by section 3, is further amended by adding at the end the following:
``(6) Online component.--In carrying out this subsection,
the SCORE Association shall make use of online counseling,
including by developing and implementing webinars and an
electronic mentoring platform to expand access to services
provided under this subsection and to further support
entrepreneurs.''.
(b) Online Component Report.--
(1) In general.--At the end of fiscal year 2018, the SCORE
Association shall issue a report to the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate on the
effectiveness of the online counseling and webinars required as
part of the SCORE program, including--
(A) how the SCORE Association determines electronic
mentoring and webinar needs, develops training for
electronic mentoring, establishes webinar criteria
curricula, and evaluates webinar and electronic
mentoring results;
(B) describing the internal controls that are used
and a summary of the topics covered by the webinars;
and
(C) performance metrics, including the number of
small business concerns counseled by, the number of
small business concerns created by, the number of jobs
created and retained by, and the funding amounts
directed towards such online counseling and webinars.
(2) Definitions.--For purposes of this subsection, the
terms ``SCORE Association'' and ``SCORE program'' have the
meaning given those terms, respectively, under section 8(c)(1)
of the Small Business Act (15 U.S.C. 637(c)(1)).
SEC. 5. STUDY AND REPORT ON THE FUTURE ROLE OF THE SCORE PROGRAM.
(a) Study.--The SCORE Association shall carry out a study on the
future role of the SCORE program and develop a strategic plan for how
the SCORE program will evolve to meet the needs of America's
entrepreneurs over the course of the next 5 years, with markers and
specific objectives for year 1, year 3, and year 5.
(b) Report.--Not later than the end of the 6-month period beginning
on the date of the enactment of this Act, the SCORE Association shall
issue a report to the Committee on Small Business of the House of
Representatives and the Committee on small Business and
Entrepreneurship of the Senate containing--
(1) all findings and determination made in carrying out the
study required under subsection (a);
(2) the strategic plan developed under subsection (a); and
(3) an explanation of how the SCORE Association plans to
achieve the strategic plan, assuming both stagnant and
increased funding levels.
(c) Definitions.--For purposes of this section, the terms ``SCORE
Association'' and ``SCORE program'' have the meaning given those terms,
respectively, under section 8(c)(1) of the Small Business Act (15
U.S.C. 637(c)(1)).
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended--
(1) in section 7(m)(3)(A)(i)(VIII) (15 U.S.C.
636(m)(3)(A)(i)(VIII)), by striking ``Service Corps of Retired
Executives'' and inserting ``SCORE program''; and
(2) in section 22 (15 U.S.C. 649)--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``Service
Corps of Retired Executives'' and inserting
``SCORE program''; and
(ii) in paragraph (3), by striking
``Service Corps of Retired Executives'' and
inserting ``SCORE program''; and
(B) in subsection (c)(12), by striking ``Service
Corps of Retired Executives'' and inserting ``SCORE
program''.
(b) Other Laws.--
(1) Section 621 of the Children's Health Insurance Program
Reauthorization Act of 2009 (15 U.S.C. 657p) is amended--
(A) in subsection (a), by striking paragraph (4)
and inserting the following:
``(4) the term `SCORE program' means the SCORE program
authorized by section 8(b)(1)(B) of the Small Business Act (15
U.S.C. 637(b)(1)(B));''; and
(B) in subsection (b)(4)(A)(iv), by striking
``Service Corps of Retired Executives'' and inserting
``SCORE program''.
(2) Section 337(d)(2)(A) of the Energy Policy and
Conservation Act (42 U.S.C. 6307(d)(2)(A)) is amended by
striking ``Service Corps of Retired Executives (SCORE)'' and
inserting ``SCORE program''. | SCORE for Small Business Act of 2015 This bill amends the Small Business Act, with respect to the SCORE program (Service Corps of Retired Executives), to: reauthorize the program for FY2017-FY2018; require the Small Business Administration to award a grant to the SCORE Association (or any successor group) to manage the SCORE program; modify program requirements with respect to the role of participating volunteers, program plans and goals, and reporting; and outline privacy requirements pertaining to the disclosure of information of businesses assisted under such program. The SCORE Association shall: make use of online counseling, including by webinars and an electronic mentoring platform; study the future role of the SCORE program; and develop a strategic plan for how the program will evolve to meet the needs of America's entrepreneurs over the next five years. | {"src": "billsum_train", "title": "SCORE for Small Business Act of 2016"} | 2,231 | 176 | 0.61319 | 1.836247 | 0.858181 | 3.229814 | 12.298137 | 0.84472 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Office of Advocacy
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) excessive regulations continue to burden our Nation's
small businesses;
(2) Federal agencies are reluctant to comply with the
requirements of chapter 6 of title 5, United States Code, and
continue to propose regulations that impose disproportionate
burdens on small businesses;
(3) the Office of Advocacy of the Small Business
Administration (referred to in this Act as the ``Office'') is
an effective advocate for small businesses that can help ensure
that agencies are responsive to small businesses and that
agencies comply with their statutory obligations under chapter
6 of title 5, United States Code and under the Small Business
Regulatory Enforcement Fairness Act of 1996 (Public Law 104-
121; 106 Stat. 4249 et seq.);
(4) the independence of the Office is essential to ensure
that it can serve as an effective advocate for small businesses
without being restricted by the views or policies of the Small
Business Administration or any other executive branch agency;
(5) the Office needs sufficient resources to conduct the
research required to assess effectively the impact of
regulations on small businesses; and
(6) the research, information, and expertise of the Office
make it a valuable adviser to Congress as well as the executive
branch agencies with which the Office works on behalf of small
businesses.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that the Office has the statutory
independence and adequate financial resources to advocate for
and on behalf of small business;
(2) to require that the Office report to the Chairmen and
Ranking Members of the Committees on Small Business of the
Senate and the House of Representatives and the Administrator
of the Small Business Administration in order to keep them
fully and currently informed about issues and regulations
affecting small businesses and the necessity for corrective
action by the regulatory agency or Congress;
(3) to provide a separate authorization for appropriations
for the Office;
(4) to authorize the Office to report to the President and
to Congress regarding agency compliance with chapter 6 of title
5, United States Code; and
(5) to enhance the role of the Office pursuant to chapter 6
of title 5, United States Code.
SEC. 4. OFFICE OF ADVOCACY.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 32 as section 33; and
(2) by inserting after section 31 the following:
``SEC. 32. OFFICE OF ADVOCACY.
``(a) Definitions.--In this section--
``(1) the term `Chief Counsel' means the Chief Counsel for
Advocacy appointed under subsection (b); and
``(2) the term `Office' means the Office of Advocacy
established under subsection (b).
``(b) Establishment.--
``(1) In general.--There is established in the
Administration an Office of Advocacy (referred to in this
section as the `Office').
``(2) Chief counsel for advocacy.--
``(A) In general.--The management of the Office
shall be vested in a Chief Counsel for Advocacy who
shall be appointed from civilian life by the President,
by and with the advice and consent of the Senate,
without regard to political affiliation and solely on
the ground of fitness to perform the duties of the
office.
``(B) Employment restriction.--The individual
appointed to the office of Chief Counsel for Advocacy
may not serve as an officer or employee of the Small
Business Administration during the 5-year period
preceding the appointment.
``(C) Removal.--The Chief Counsel for Advocacy may
be removed from office by the President and the
President shall notify Congress of any such removal not
later than 30 days before the removal.
``(3) Appropriation request.--Each appropriation request
prepared and submitted by the Administration under section 1108
of title 31, United States Code, shall include a separate
request relating to the Office.
``(c) Primary Functions.--The Office shall--
``(1) examine the role of small businesses in the economy
of the United States and the contribution that small businesses
can make in improving competition, encouraging economic and
social mobility for all citizens, restraining inflation,
spurring production, expanding employment opportunities,
increasing productivity, promoting exports, stimulating
innovation and entrepreneurship, and providing the means by
which new and untested products and services can be brought to
the marketplace;
``(2) assess the effectiveness of Federal subsidy and
assistance programs for small businesses and the desirability
of reducing the emphasis on those programs and increasing the
emphasis on general assistance programs designed to benefit all
small businesses;
``(3) measure the direct costs and other effects of
government regulation of small businesses, and make
legislative, regulatory, and nonlegislative proposals for
eliminating the excessive or unnecessary regulation of small
businesses;
``(4) determine the impact of the tax structure on small
businesses and make legislative, regulatory, and other
proposals for altering the tax structure to enable all small
businesses to realize their potential for contributing to the
improvement of the Nation's economic well-being;
``(5) study the ability of financial markets and
institutions to meet small business credit needs and determine
the impact of government demands on credit for small
businesses;
``(6) determine financial resource availability and
recommend methods for--
``(A) delivery of financial assistance to minority
and women-owned enterprises, including methods for
securing equity capital;
``(B) generating markets for goods and services;
``(C) providing effective business education, more
effective management and technical assistance, and
training; and
``(D) assistance in complying with Federal, State,
and local laws;
``(7) evaluate the efforts of Federal agencies and the
private sector to assist minority and women-owned enterprises;
``(8) make such recommendations as may be appropriate to
assist the development and strengthening of minority, women-
owned, and other small businesses;
``(9) recommend specific measures for creating an
environment in which all businesses will have the opportunity
to--
``(A) compete effectively and expand to their full
potential; and
``(B) ascertain any common reasons for small
business successes and failures;
``(10) determine the desirability of developing a set of
rational, objective criteria to be used to define small
business, and to develop such criteria, if appropriate; and
``(11) make recommendations and submit reports to the
Chairmen and Ranking Members of the Committees on Small
Business of the Senate and the House of Representatives and the
Administrator with respect to issues and regulations affecting
small businesses and the necessity for corrective action by the
Administrator, any Federal department or agency, or Congress.
``(d) Additional Functions.--The Office shall, on a continuing
basis--
``(1) serve as a focal point for the receipt of complaints,
criticisms, and suggestions concerning the policies and
activities of the Administration and any other department or
agency of the Federal Government that affects small businesses;
``(2) counsel small businesses on the means by which to
resolve questions and problems concerning the relationship
between small businesses and the Federal Government;
``(3) develop proposals for changes in the policies and
activities of any agency of the Federal Government that will
better fulfill the purposes of this section and communicate
such proposals to the appropriate Federal agencies;
``(4) represent the views and interests of small businesses
before other Federal agencies whose policies and activities may
affect small business;
``(5) enlist the cooperation and assistance of public and
private agencies, businesses, and other organizations in
disseminating information about the programs and services
provided by the Federal Government that are of benefit to small
businesses, and information on the means by which small
businesses can participate in or make use of such programs and
services; and
``(6) carry out the responsibilities of the Office under
chapter 6 of title 5, United States Code.
``(e) Staff and Powers.--
``(1) Staff.--
``(A) In general.--The Chief Counsel may, without
regard to the civil service laws and regulations,
appoint and terminate such additional personnel as may
be necessary to enable the Office to perform its duties
under this section.
``(B) Compensation.--The Chief Counsel may fix the
compensation of personnel appointed under this
paragraph without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, but at rates not to
exceed the minimum rate payable for a position at GS-15
of the General Schedule, except that not more than 14
employees of the Office at any one time may be
compensated at a rate not to exceed the maximum rate
payable for a position at GS-15 of the General
Schedule.
``(2) Powers.--In carrying out this section, the Chief
Counsel may--
``(A) procure temporary and intermittent services
to the same extent as is authorized by section 3109 of
title 5, United States Code;
``(B) consult with--
``(i) experts and authorities in the fields
of small business investment, venture capital,
investment and commercial banking, and other
comparable financial institutions involved in
the financing of business; and
``(ii) individuals with regulatory, legal,
economic, or financial expertise, including
members of the academic community, and
individuals who generally represent the public
interest;
``(C) use the services of the National Advisory
Council established under section 8(b) and, in
accordance with that section, appoint such other
advisory boards or committees as the Chief Counsel
determines to be reasonably necessary and appropriate
to carry out this section; and
``(D) hold hearings and sit and act at such times
and places as the Chief Counsel determines to be
appropriate.
``(f) Overhead and Administrative Support.--The Administrator shall
provide the Office with appropriate and adequate office space at
central and field office locations of the Administration, together with
such equipment, office supplies, and communications facilities and
services as may be necessary for the operation of such offices, and
shall provide necessary maintenance services for such offices and the
equipment and facilities located therein.
``(g) Information From Federal Agencies.--The Chief Counsel may
secure directly from any Federal department or agency such information
as the Chief Counsel considers to be necessary to carry out this
section. Upon request of the Chief Counsel, the head of such department
or agency shall furnish such information to the Office.
``(h) Reports.--
``(1) Annual reports.--Not less than annually, the Chief
Counsel shall submit to the President and to the Committees on
Small Business of the Senate and the House of Representatives,
the Committee on Governmental Affairs of the Senate, the
Committee on Government Reform of the House of Representatives,
and the Committees on the Judiciary of the Senate and the House
of Representatives a report on agency compliance with chapter 6
of title 5, United States Code.
``(2) Additional reports.--In addition to the reports
required under paragraph (1) of this subsection and subsection
(c)(12), the Chief Counsel may prepare and publish such reports
as the Chief Counsel determines to be appropriate.
``(3) Prohibition.--No report under this section shall be
submitted to the Office of Management and Budget or to any
other department or agency of the Federal Government for any
purpose before submission of the report to the President and to
Congress.
``(i) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Office to carry out this section such sums as may be
necessary for each fiscal year.
``(2) Availability.--Any sums appropriated under paragraph
(1) shall remain available, without fiscal year limitation,
until expended.''.
(b) Repeal.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.)
is repealed.
(c) Incumbent Chief Counsel for Advocacy.--The individual serving
as the Chief Counsel for Advocacy of the Small Business Administration
on the date of enactment of this Act shall continue to serve in that
position after such date in accordance with section 32 of the Small
Business Act, as amended by this section.
Passed the Senate November 5, 1999.
Attest:
GARY SISCO,
Secretary. | Directs the Chief Counsel of the Office to report at least annually to specified congressional committees on Federal agency compliance with certain small business deregulation requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "Independent Office of Advocacy Act"} | 2,660 | 38 | 0.552622 | 1.346245 | 0.362454 | 1.548387 | 85.419355 | 0.774194 |
57 as a rare
and valuable national treasure of international importance;
(2) the city of New Orleans is widely recognized as the
birthplace of jazz. In and around this city, cultural and
musical elements blended to form the unique American music that
is known as New Orleans jazz, which is an expression of the
cultural diversity of the lower Mississippi Delta Region; and
(3) Jean Lafitte National Historical Park and Preserve was
established to commemorate the cultural diversity of the lower
Mississippi Delta Region including a range of cultural
expressions like jazz.
(b) Purpose.--In furtherance of the need to recognize the value and
importance of jazz, it is the purpose of this Act to establish a New
Orleans Jazz National Historical Park, together with associated
educational programs, as a unit of the Jean Lafitte National Historical
Park and Preserve which is headquartered in New Orleans, Louisiana. The
historical park shall preserve the origins and early history of jazz;
provide visitors with opportunities to experience the sights, sounds,
and places where jazz evolved; and implement innovative ways of
establishing jazz educational partnerships that will help to ensure
that jazz continues as a vital element of the culture of New Orleans
and our Nation.
SEC. 3. ESTABLISHMENT.
(a) In General.--In order to assist in the preservation, education,
and interpretation of jazz as it has evolved in New Orleans, and to
provide technical assistance to a broad range of organizations involved
with jazz music and its history, there is hereby established the New
Orleans Jazz National Historical Park (hereinafter referred to as the
``historical park''). The historical park shall be administered and
managed as a unit of the Jean Lafitte National Historical Park and
Preserve, which was established to preserve and interpret the cultural
and natural resources of the lower Mississippi Delta Region.
(b) Area Included.--The historical park shall consist of lands and
interests therein as follows--
(1) lands which the Secretary of the Interior (hereinafter
referred to as the ``Secretary'') may designate for an
interpretive visitor center complex;
(2) sites that are the subject of cooperative agreements
with the National Park Service for the purposes of interpretive
demonstrations and programs associated with the purposes of
this Act; and
(3)(A) sites designated by the Secretary as provided in
subparagraph (B);
(B)(i) the Secretary is directed to undertake a national
historic landmark evaluation of sites associated with jazz in
and around New Orleans as identified in the document entitled
``New Orleans Jazz Special Resource Study'', prepared by the
National Park Service pursuant to Public Law 101-499. In
undertaking the evaluation, the Secretary shall, to the extent
practicable, utilize existing information relating to such
sites, and
(ii) if any of the sites evaluated are found to meet the
standards of the National Historic Landmark program and
National Park Service tests of suitability and feasibility, and
offer outstanding opportunities to further the purposes of this
Act, the Secretary may designate such sites as part of the
historical park, following consultation with the city of New
Orleans, the Smithsonian Institution, and the Delta Region
Preservation Commission, and notification to the Committee on
Energy and Natural Resources of the United States Senate and
the Committee on Natural Resources of the United States House
of Representatives.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historical park
in accordance with this Act and with provisions of law generally
applicable to units of the National Park System, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes,'' approved August 25, 1916 (39 Stat. 535; 15 U.S.C. 1, 2-4);
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467); and title
IX of Public Law 95-625, the enabling Act for Jean Lafitte National
Historical Park and Preserve, as amended (16 U.S.C. 230). The Secretary
shall manage the historical park in such a manner as will preserve and
perpetuate knowledge and understanding of the history of jazz and its
continued evolution as a true American art form.
(b) Donations.--The Secretary may accept and retain donations of
funds, property, or services from individuals, foundations,
corporations, or other public entities for the purposes of providing
services, programs, and facilities that further the purposes of this
Act.
(c) Interpretive Center.--The Secretary is authorized to lease,
construct, operate, or maintain an interpretive center in New Orleans.
Programs at the center may include live jazz interpretive and education
programs, and shall provide visitors with information about jazz-
related programs, performances, and opportunities.
(d) Jazz Heritage Districts.--The Secretary may provide technical
assistance to the city of New Orleans and other appropriate entities
for the designation of certain areas in and around New Orleans as jazz
heritage districts. Such districts shall include those areas with an
exceptional concentration of jazz historical sites and established
community traditions of jazz street parades.
(e) Cooperative Agreements, Grants, and Technical Assistance.--In
furtherance of the purposes of this Act--
(1) the Secretary, after consultation with the New Orleans
Jazz Commission established pursuant to section 7, is
authorized to enter into cooperative agreements with owners of
properties that are designated pursuant to section 3(b)(3)
which provide outstanding educational and interpretive
opportunities relating to the evolution of jazz in New Orleans.
The Secretary may assist in the rehabilitation and restoration
of, mark, interpret, and provide technical assistance for the
preservation and interpretation of such properties. Such
agreements shall contain, but need not be limited to,
provisions that the National Park Service will have reasonable
rights of access for operational and visitor use needs, that
rehabilitation and restoration will meet the Secretary's
standards for rehabilitation of historic buildings, and that
specify the roles and responsibilities of the Secretary for
each site or structure;
(2) the Secretary is authorized to enter into cooperative
agreements with the city of New Orleans, the State of
Louisiana, and other appropriate public and private
organizations under which the other parties to the agreement
may contribute to the acquisition, construction, operation, and
maintenance of the interpretive center and to the operation of
educational and interpretive programs to further the purposes
of this Act; and
(3) the Secretary, in consultation with the Commission, is
authorized to provide grants or technical assistance to public
and private organizations.
(f) Jazz Educational Programs.--The Secretary shall, in the
administration of the historical park, promote a broad range of
educational activities relating to jazz and its history. The Secretary
shall cooperate with schools, universities, and organizations
supporting jazz education to develop educational programs that provide
expanded public understanding of jazz and enhanced opportunities for
public appreciation. The Secretary may assist appropriate entities in
the development of an information base including archival material,
audiovisual records, and objects that relate to the history of jazz.
SEC. 5. ACQUISITION OF PROPERTY.
(a) General Authority.--The Secretary may acquire lands and
interests therein within the sites designated pursuant to section
3(b)(1) and (3) by donation or purchase with donated or appropriated
funds: Provided, That sites designated pursuant to section 3(b)(3)
shall only be acquired with the consent of the owner thereof.
(b) State and Local Properties.--Lands and interests in lands which
are owned by the State of Louisiana, or any political subdivision
thereof, may be acquired only by donation.
SEC. 6. GENERAL MANAGEMENT PLAN.
Within 3 years after the date funds are made available therefor and
concurrent with the national landmark study referenced in section
3(b)(3), the Secretary, in consultation with the New Orleans Jazz
Commission, shall prepare a general management plan for the historical
park. The plan shall include, but need not be limited to--
(1) a visitor use plan indicating programs and facilities
associated with park programs that will be made available to
the public;
(2) preservation and use plans for any structures and sites
that are identified through the historic landmark study for
inclusion within the historical park;
(3) the location and associated cost of public facilities
that are proposed for inclusion within the historical park,
including a visitor center;
(4) identification of programs that the Secretary will
implement or be associated with through cooperative agreements
with other groups and organizations;
(5) a transportation plan that addresses visitor use access
needs to sites, facilities, and programs central to the purpose
of the historical park;
(6) plans for the implementation of an archival system for
materials, objects, and items of importance relating to the
history of jazz; and
(7) guidelines for the application of cooperative
agreements that will be used to assist in the management of
historical park facilities and programs.
SEC. 7. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION.
(a) Establishment.--To assist in implementing the purposes of this
Act and the document entitled ``New Orleans Jazz Special Resource
Study,'' there is established the New Orleans Jazz Commission
(hereinafter referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 15 members to be
appointed no later than 6 months after the date of enactment of this
Act. The Commission shall be appointed by the Secretary as follows:
(1) one member recommended by the Mayor of New Orleans;
(2) two members who have recognized experience in music
education programs that emphasize jazz;
(3) one member, with experience and knowledge of tourism in
the greater New Orleans area, from recommendations submitted by
local businesses;
(4) one member recommended by the Board of the New Orleans
Jazz and Heritage Foundation;
(5) one member, with experience and knowledge of historic
preservation within the New Orleans area;
(6) two members who are recognized musicians with knowledge
and experience in the development of jazz in New Orleans;
(7) one member with recognized expertise in jazz and
folklore preservation and interpretation, recommended by the
Director of the Louisiana State Museum;
(8) two members who represent local neighborhood groups or
other local associations, recommended by the Mayor of New
Orleans;
(9) one member representing local social and pleasure
clubs, recommended by the Mayor of New Orleans;
(10) one member recommended by the Governor of the State of
Louisiana, who shall be a member of the Louisiana State Music
Commission;
(11) the Chairman of the Delta Regional Preservation
Commission, ex officio; and
(12) the Director of the National Park Service, or the
Director's designee, ex officio.
(c) Duties of the Commission.--The Commission shall--
(1) advise the Secretary in the preparation of the general
management plan for the historical park; assist in public
discussions of planning proposals; and assist the National Park
Service in working with individuals, groups, and organizations
including economic and business interests in determining
programs in which the Secretary should participate through
cooperative agreements;
(2) in consultation and cooperation with the Secretary,
develop partnerships with educational groups, schools,
universities, and other groups to furtherance of the purposes
of this Act;
(3) in consultation and cooperation with the Secretary,
develop partnerships with citywide organizations, and raise and
disperse funds for programs that assist mutual aid and
benevolent societies in encouraging the continuation of and
enhancement of jazz cultural traditions;
(4) acquire or lease property for jazz education, and
advising on hiring brass bands and musical groups to
participate in education programs and help train young
musicians;
(5) in consultation and cooperation with the Secretary,
provide recommendations for the location of the visitor center
and other interpretive sites;
(6) assist the Secretary in providing funds to support
research on the origins and early history of jazz in New
Orleans; and
(7) notwithstanding any other provision of law, seek and
accept donations of funds, property, or services from
individuals, foundations, corporations, or other public or
private entities and expend and use the same for the purposes
of providing services, programs, and facilities for jazz
education, or assisting in the rehabilitation and restoration
of structures identified in the national historic landmark
study referenced in section 3(b)(3) as having outstanding
significance to the history of jazz in New Orleans.
(d) Appointment.--Members of the Commission shall be appointed for
staggered terms of 3 years, as designated by the Secretary at the time
of the initial appointment.
(e) Chairman.--The Commission shall elect a chairman from among its
members. The term of the chairman shall be for 3 years. The chairman of
the Commission shall serve as an ex officio member of the Delta
Regional Preservation Commission.
(f) Terms.--Any member of the Commission appointed by the Secretary
for a 3-year term may serve after the expiration of his or her term
until a successor is appointed. Any vacancy shall be filled in the same
manner in which the original appointment was made. Any member appointed
to fill a vacancy shall serve for the remainder of the term for which
the predecessor was appointed.
(g) Per Diem Expenses.--Members of the Commission shall serve
without compensation. Members shall be entitled to travel expenses
under section 5703, title 5, United States Code, when engaged in
Commission business, including per diem in lieu of subsistence in the
same manner as persons employed intermittently.
(h) Administrative Support.--The Secretary shall provide the
Commission with assistance in obtaining such personnel, equipment, and
facilities as may be needed by the Commission to carry out its duties.
(i) Annual Report.--The Commission shall submit an annual report to
the Secretary identifying its expenses and income and the entities to
which any grants or technical assistance were made during the year for
which the report is made.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. | New Orleans Jazz National Historical Park Act of 1993 - Establishes the New Orleans Jazz National Historical Park, Louisiana, (Park) to be administered and managed as a unit of the Jean Lafitte National Historical Park and Preserve.
Requires the Secretary of the Interior to prepare a general management plan for the Park.
Establishes the New Orleans Jazz Commission to: (1) advise the Secretary in the preparation of the general management plan, assist in public discussions of planning proposals, and assist the National Park Service in working with individuals, groups, and organizations in determining programs in which the Secretary should participate through cooperative agreements; (2) develop partnerships with educational groups, schools, universities, and other groups, including city-wide organizations, in furtherance of this Act; (3) raise and disperse funds for programs that assist mutual aid and benevolent societies in encouraging the continuation of and enhancement of jazz cultural traditions; (4) acquire or lease property for jazz education, and advising on hiring brass bands and musical groups to participate in education programs and help train young musicians; (5) assist in providing recommendations for the location of the Park's visitor center and other interpretive sites and funds to support research on the origins and early history of jazz in New Orleans; and (6) seek and accept donations to use for providing services, programs, and facilities for jazz education or assisting in the rehabilitation and restoration of structures identified in the national historic landmark study as having outstanding significance to the history of jazz in New Orleans.
Authorizes appropriations. | {"src": "billsum_train", "title": "New Orleans Jazz National Historical Park Act of 1993"} | 2,905 | 318 | 0.737491 | 2.542523 | 0.86125 | 6.180602 | 9.578595 | 0.976589 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Redevelopment
Enhancement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) returning the Nation's brownfield sites to productive
economic use could generate more than 550,000 additional jobs
and up to $2,400,000,000 in new tax revenues for cities and
towns;
(2) redevelopment of brownfield sites and reuse of
infrastructure at such sites will protect natural resources and
open spaces;
(3) lack of funding for redevelopment is a primary obstacle
impeding the reuse of brownfield sites;
(4) the Department of Housing and Urban Development is the
agency of the Federal Government that is principally
responsible for supporting community development and
encouraging productive land use in urban areas of the United
States;
(5) grants under the Brownfields Economic Development
Initiative of the Department of Housing and Urban Development
provide local governments with a flexible source of funding to
pursue brownfields redevelopment through land acquisition, site
preparation, economic development, and other activities;
(6) to be eligible for such grant funds, a community must
be willing to pledge community development block grant funds as
partial collateral for a loan guarantee under section 108 of
the Housing and Community Development Act of 1974, and this
requirement is a barrier to many local communities that are
unable or unwilling to pledge such block grant funds as
collateral; and
(7) by de-linking grants for brownfields development from
section 108 community development loan guarantees and the
related pledge of community development block grant funds, more
communities will have access to funding for redevelopment of
brownfield sites.
(b) Purpose.--The purpose of this Act is to provide cities and
towns with more flexibility for brownfields development, increased
accessibility to brownfields redevelopment funds, and greater capacity
to coordinate and collaborate with other government agencies--
(1) by providing additional incentives to invest in the
development and redevelopment of brownfield sites; and
(2) by de-linking grants for brownfields development from
community development loan guarantees and the related pledge of
community development block grant funds.
SEC. 3. BROWNFIELDS DEVELOPMENT INITIATIVE.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following new
section:
``SEC. 123. BROWNFIELDS DEVELOPMENT INITIATIVE.
``(a) In General.--The Secretary may make grants under this
section, on a competitive basis as specified in section 102 of the
Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3545), only to eligible public entities (as such term is defined
in section 108(o) of this title) and Indian tribes for carrying out
projects and activities to assist the development and redevelopment of
brownfield sites, which shall include mine-scarred lands.
``(b) Use of Grant Amounts.--Amounts from grants under this
section--
``(1) shall be used, as provided in subsection (a) of this
section, only for activities specified in section 108(a);
``(2) shall be subject to the same requirements that, under
section 101(c) and paragraphs (2) and (3) of section 104(b),
apply to grants under section 106; and
``(3) shall not be provided or used in a manner that
reduces the financial responsibility of any nongovernmental
party that is responsible or potentially responsible for
contamination on any real property and the provision of
assistance pursuant to this section shall not in any way
relieve any party of liability with respect to such
contamination, including liability for removal and remediation
costs.
``(c) Availability of Assistance.--The Secretary shall not require,
for eligibility for a grant under this section, that such grant amounts
be used only in connection or conjunction with projects and activities
assisted with a loan guaranteed under section 108.
``(d) Applications.--Applications for assistance under this section
shall be in the form and in accordance with procedures as shall be
established by the Secretary.
``(e) Selection Criteria and Leveraging.--The Secretary shall
establish criteria for awarding grants under this section, which may
include the extent to which the applicant has obtained other Federal,
State, local, or private funds for the projects and activities to be
assisted with grant amounts and such other criteria as the Secretary
considers appropriate. Such criteria shall include consideration of the
appropriateness of the extent of financial leveraging involved in the
projects and activities to be funded with the grant amounts.
``(f) Definition of Brownfield Site.--For purposes of this section,
the term `brownfield site' has the meaning given such term in section
101(39) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(39)). Such term includes a site
that meets the requirements under subparagraph (D) of such section for
inclusion as a brownfield site for purposes of section 104(k) of such
Act (42 U.S.C. 9604(k)).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section such sums as may be
necessary for each of fiscal years 2006, 2007, 2008, 2009, and 2010.''.
SEC. 4. CLARIFICATION OF BROWNFIELDS REDEVELOPMENT AS ELIGIBLE CDBG
ACTIVITY.
(a) Technical Correction.--Subsection (a) of section 105 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is
amended--
(1) by striking paragraph (24) and all that follows through
the end of the subsection and inserting the new paragraph (24)
inserted by section 2(3) of Public Law 108-146 (117 Stat.
1883);
(2) by adding at the end (after the paragraph added by
paragraph (1) of this subsection) the new paragraph (20) added
by section 907(b)(1)(C) of Public Law 101-625 (104 Stat. 4388)
and redesignating such paragraph as paragraph (25); and
(3) by adding at the end (after the paragraphs added by
paragraphs (1) and (2) of this subsection) the new paragraph
(21) added by section 1012(f)(3)) of Public Law 102-550 (106
Stat. 3905) and redesignating such paragraph as paragraph (26).
(b) Brownfields Redevelopment Activities.--Section 105(a) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)), as
in effect pursuant to subsection (a) of this section, is amended--
(1) in paragraph (24) (as added by subsection (a)(1) of
this section), by striking ``and'' at the end;
(2) in paragraph (25) (as added by subsection (a)(2) of
this section), by striking the period at the end and inserting
a semicolon;
(3) in paragraph (26) (as added by subsection (a)(3) of
this section), by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following new paragraph:
``(27) economic development and redevelopment activities
related to projects for brownfields sites (as such term is
defined in section 123(f)), in conjunction with the appropriate
environmental regulatory agencies, except that assistance
pursuant to this paragraph shall not be provided in a manner
that reduces the financial responsibility of any
nongovernmental party that is responsible or potentially
responsible for contamination on any real property and the
provision of assistance pursuant to this paragraph shall not in
any way relieve any party of liability with respect to such
contamination, including liability for removal and remediation
costs.''.
SEC. 5. TECHNICAL AMENDMENT TO ALLOW USE OF CDBG FUNDS TO ADMINISTER
RENEWAL COMMUNITIES.
Section 105(a)(13) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(13)) is amended by inserting ``and renewal
communities'' after ``enterprise zones''.
SEC. 6. APPLICABILITY.
The amendments made by this Act shall apply only with respect to
amounts made available for fiscal year 2006 and fiscal years thereafter
for use under the provisions of law amended by this Act.
Passed the House of Representatives December 13, 2005.
Attest:
KAREN L. HAAS,
Clerk. | Brownfields Redevelopment Enhancement Act - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make grants (without certain otherwise-required loan guarantees) to eligible public entities and Indian tribes to assist in the environmental cleanup and economic development of brownfield sites including mine-scarred lands.
Prohibits: (1) providing or using such grants in a manner that reduces the financial responsibility of any nongovernmental party that is responsible or potentially responsible for contamination on any real property; and (2) the provision of assistance pursuant to this section from in any way relieving any party of liability with respect to such contamination, including liability for removal and remediation costs. Authorizes FY2006-FY2010 appropriations.
Defines "brownfield site" for purposes of this section.
Makes brownfields-related environmental cleanup and economic development activities eligible for community development block grant (CDBG) assistance. Authorizes CDBG use to administer renewal communities. | {"src": "billsum_train", "title": "To facilitate the provision of assistance by the Department of Housing and Urban Development for the cleanup and economic redevelopment of brownfields."} | 1,883 | 214 | 0.572072 | 1.844253 | 0.742947 | 3.458101 | 9.47486 | 0.888268 |
SECTION 1. STATEMENT OF PRINCIPLES.
(a) Purpose.--It is the purpose of this Act to create principles
governing the conduct of United States economic cooperation projects in
the People's Republic of China and Tibet.
(b) Principles.--It is the sense of the Congress that any United
States economic cooperation project in the People's Republic of China
or Tibet should adhere to the following principles:
(1) Suspend the use of all goods, wares, articles, and
merchandise that are mined, produced, or manufactured, in whole
or in part, by convict labor or forced labor if there is reason
to believe that the material or product is produced or
manufactured by such convict or forced labor, and refuse to use
forced labor in the project.
(2) Seek to ensure that political or religious views, sex,
ethnic or national background, involvement in political or
labor activities or nonviolent demonstrations, or association
with suspected or known dissidents will not prohibit hiring,
lead to harassment, demotion, or dismissal, or in any way
affect the status or terms of employment in the project. The
United States parent company of the United States economic
cooperation project should not discriminate in terms or
conditions of employment in the project against persons with
past records of arrests or internal exile for nonviolent
protest or membership in unofficial organizations committed to
nonviolence.
(3) Ensure that methods of production used in the project
do not pose an unnecessary physical danger to workers and
neighboring populations and property and that the project does
not unnecessarily risk harm to the surrounding environment, and
consult with community leaders regarding environmental
protection with respect to the project.
(4) Strive to use business enterprises that are not
controlled by the Government of the People's Republic of China
or its authorized agents and departments as potential partners
in the project.
(5) Prohibit any military presence on the premises of the
operations of the project.
(6) Undertake to promote freedom of association and
assembly among the employees of the project. The United States
economic cooperation project should protest any infringement by
the Government of the People's Republic of China of these
freedoms to the appropriate authorities of that Government and
to the International Labor Organization, which has an office in
Beijing.
(7) Use every possible channel of communication with the
Government of the People's Republic of China to urge that
government to disclose publicly a complete list of all those
individuals arrested since March 1989, to end incommunicado
detention and torture, and to provide international observers
access to all places of detention in the People's Republic of
China and Tibet and to trials of prisoners arrested in
connection with the pro-democracy events of April through June
of 1989 and the pro-democracy demonstrations which have taken
place in Tibet since 1987.
(8) Discourage or undertake to prevent compulsory political
indoctrination programs from taking place on the premises of
the operations of the project.
(9) Promote freedom of expression, including the freedom to
seek, receive, and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print,
in the form of art, or through any media. To this end, the
United States economic cooperation project should raise with
appropriate authorities of the Government of the People's
Republic of China concerns about restrictions on the
importation of foreign publications.
(10)(A) Undertake to prevent harassment of workers who,
consistent with the United Nations World Population Plan of
Action, decide freely and responsibly the number and spacing of
their children.
(B) Prohibit compulsory population control activities on
the premises of the operations of the project.
(c) Promotion of Principles by Other Nations.--The Secretary shall
forward a copy of the principles set forth in subsection (b) to the
member nations of the Organization for Economic Cooperation and
Development and encourage them to promote principles similar to these
principles.
SEC. 2. REGISTRATION REQUIREMENT.
(a) In General.--Each United States parent company conducting a
United States economic cooperation project in the People's Republic of
China or Tibet shall register with the Secretary and indicate whether
such company agrees to implement the principles set forth in section
1(b). No fee shall be required for registration under this subsection.
(b) Effective Date.--The registration requirement of subsection (a)
shall take effect 6 months after the date of the enactment of this Act.
SEC. 3. REPORTING REQUIREMENTS.
(a) Report.--Each United States parent company conducting a United
States economic cooperation project in the People's Republic of China
or Tibet shall report to the Secretary describing such company's
adherence to the principles. Such company shall submit a completed
reporting form furnished by the Secretary. The first report shall be
submitted not later than 1 year after the date on which the national
registers under section 2 and not later than the end of each 1-year
period occurring thereafter.
(b) Review of Report.--The Secretary shall review each report
submitted under subsection (a) and determine whether the United States
parent company submitting the report is adhering to the principles. The
Secretary may request additional information from the United States
parent company and other sources to verify the information contained in
the report submitted by the company.
(c) Annual Report.--The Secretary shall submit a report to the
Congress and to the Secretariat of the Organization for Economic
Cooperation and Development describing the level of adherence to the
principles by United States parent companies subject to the reporting
requirement of subsection (a). This report shall be submitted not later
than 2 years after the date of the enactment of this Act and not later
than the end of each 1-year period occurring thereafter.
SEC. 4. EXPORT MARKETING SUPPORT.
(a) Support.--A Federal agency may intercede with a foreign
government or foreign national regarding export marketing activity in
the People's Republic of China or Tibet on behalf of a United States
parent company subject to the reporting requirements of section 3(a)
only if that company adheres to the principles.
(b) Effective Date.--Subsection (a) shall take effect 2 years after
the date of enactment of this Act.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the terms ``adhere to the principles'', ``adhering to
the principles'' and ``adherence to the principles'' mean--
(A) agreeing to implement the principles set forth
in section 1(b);
(B) implementing those principles by taking good
faith measures with respect to each such principle; and
(C) reporting accurately to the Secretary on the
measures taken to implement those principles;
(2) the term ``intercede with a foreign government or
foreign national'' includes any contact by an officer or
employee of the United States with officials of any foreign
government or foreign national involving or contemplating any
effort to assist in selling a good, service, or technology in
the People's Republic of China or Tibet, except that such term
does not include multilateral or bilateral government-to-government
trade negotiations intended to resolve trade issues which may affect
United States parent companies who do not adhere to the principles;
(3) the term ``organized under the laws of the United
States'' means organized under the laws of the United States,
any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, or any other territory or possession of the
United States;
(4) the term ``Secretary'' means the Secretary of State;
(5) the term ``United States economic cooperation project''
means--
(A) an equity joint venture, a cooperative joint
venture, or a wholly foreign-owned enterprise
established under the laws of the People's Republic of
China, in which--
(i) a corporation, partnership, wholly-
owned subsidiary, or other business association
organized under the laws of the United States
is an investor, or
(ii) a corporation, partnership, or other
business association organized under the laws
of a country other than the United States or
under the laws of a territory or possession of
a country other than the United States, which
is wholly owned by a corporation, partnership,
or other business association organized under
the laws of the United States, is an investor,
and which employs more than 50 individuals in the
People's Republic of China or Tibet; or
(B) a branch office or representative office--
(i) of a corporation, partnership, wholly-
owned subsidiary, or other business association
organized under the laws of the United States,
or
(ii) of a corporation, partnership, or
other business association organized under the
laws of a country other than the United States
or under the laws of a territory or possession
of a country other than the United States,
which is wholly owned by a corporation,
partnership, or other business association
organized under the laws of the United States,
which employs more than 25 individuals in the People's
Republic of China or Tibet; and
(6) the term ``United States parent company'' means a
corporation, partnership, or other business association
organized under the laws of the United States which is--
(A) the direct investor in a United States economic
cooperation project described in paragraph (5)(A)(i),
or the sole owner of the investor in a United States
economic cooperation project described in paragraph
(5)(A)(ii); or
(B) the registrant in the People's Republic of
China of a branch office or representative office
described in paragraph (5)(B)(i), or the sole owner of
the registrant of a branch office or representative
office described in paragraph (5)(B)(ii). | Expresses the sense of the Congress that U.S. economic cooperation projects in China or Tibet should adhere to specified principles, including to: (1) suspend the use of merchandise manufactured by convict or forced labor; (2) seek to ensure political and religious freedom without fear of one's employment status; (3) ensure that methods of production do not pose a danger to project employees and the surrounding environment; (4) strive to use business enterprises that are not controlled by China; and (5) promote specified freedoms in China. Requires the Secretary of State to forward a copy of such principles to member nations of the Organization for Economic Cooperation and Development and encourage them to promote such principles.
Requires each U.S. parent company conducting an economic cooperation project in China or Tibet to register with the Secretary and indicate whether they agree to implement such principles. Sets forth specified reporting requirements.
Authorizes Federal agencies to intercede with a foreign government or national regarding export marketing activity in China or Tibet on behalf of such a parent company only if such company adheres to such principles. | {"src": "billsum_train", "title": "To encourage liberalization inside the People's Republic of China and Tibet."} | 2,093 | 227 | 0.578889 | 1.954279 | 0.832025 | 3.942584 | 9.583732 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Biofuel Investment Act of
2010''.
SEC. 2. INVESTMENT TAX CREDIT FOR QUALIFIED ADVANCED BIOFUEL PRODUCTION
PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 (defining energy property) is amended by
striking ``or'' at the end of clause (vi), by inserting ``or'' at the
end of clause (vii), and by inserting after clause (vii) the following
new clause:
``(viii) qualified advanced biofuel
production property,''.
(b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of subclause (III) and by inserting after subclause (IV) the following
new subclause:
``(V) qualified advanced biofuel
production property, and''.
(c) Definitions.--Subsection (c) of section 48 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(5) Qualified advanced biofuel production property.--
``(A) In general.--The term `qualified advanced
biofuel production property' means property used in an
advanced biofuel project.
``(B) Advanced biofuel project.--The term `advanced
biofuel project' means a project certified by the
Secretary of Energy as meeting the following
requirements:
``(i) The property is used to produce
advanced biofuel for sale to unrelated persons
(within the meaning of section 45(e)(4)).
``(ii) The project will rely primarily on
new or significantly improved technologies as
compared to commercial technologies currently
in service in the United States and used to
produce advanced biofuel.
``(iii) Such other requirements as the
Secretary of Energy, not later than 120 days
after the date of the Advanced Biofuel
Investment Act of 2010, may by regulation
prescribe to the extent necessary to carry out
the purposes of this section, including
encouraging private investment in projects
which provide the greatest net impact in
avoiding or reducing air pollutants or
anthropogenic emissions of greenhouse gases,
have the greatest readiness for commercial
employment, replication, and further commercial
use in the United States, and will introduce
new technologies and fuel production processes
in the commercial market.
``(C) Advanced biofuel.--The term `advanced
biofuel' means fuel that--
``(i) meets the definition of advanced
biofuel in section 9001(3) of the Farm Security
and Rural Investment Act of 2002, and
``(ii) has lifecycle greenhouse gas
emissions that are at least 50 percent less
than baseline lifecycle greenhouse gas
emissions, as required under section
211(o)(1)(B)(i) of the Clean Air Act.
``(D) Termination.--The term `qualified advanced
biofuel production property' shall not include any
property placed in service after December 31, 2015.''.
(d) Grants in Lieu of Tax Credit.--
(1) In general.--Section 1603(d) of the American Recovery
and Reinvestment Tax Act of 2009 is amended by inserting after
paragraph (8) the following new paragraph:
``(9) Qualified advanced biofuel production property.--Any
property described in clause (viii) of section 48(a)(3)(A).''.
(2) Applicable percentage.--Section 1603(b)(2)(A) of such
Act is amended by inserting ``and (9)'' after ``through (4)''.
(e) Grant Includible in Income.--Section 48(d)(3) of the Internal
Revenue Code of 1986 is amended by striking ``Any such grant'' and
inserting ``Except for a grant for specified energy property described
in subsection (d)(9) of such section 1603, any such grant''.
(f) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, in
taxable years ending after such date, under rules similar to the rules
of section 48(m) of the Internal Revenue Code of 1986 (as in effect on
the day before the date of the enactment of the Revenue Reconciliation
Act of 1990). | Advanced Biofuel Investment Act of 2010 - Amends the Internal Revenue Code to allow a 30% energy tax credit for investment in qualified advanced biofuel production property. Defines "qualified advanced biofuel production property" as property used to produce biofuel which meets the definition of advanced biofuel in the Farm Security and Rural Investment Act of 2002 and has lifecycle greenhouse gas emissions that are at least 50% less than baseline lifecycle greenhouse gas emissions required by the Clean Air Act. Terminates such credit after 2015.
Amends the American Recovery and Reinvestment tax Act of 2009 to allow investors in qualified advanced biofuel production property a grant in lieu of a tax credit for investment in such property. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an investment tax credit for advanced biofuel production property."} | 994 | 144 | 0.624463 | 1.554048 | 0.761189 | 3.063492 | 6.753968 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Securities Transactions
Act''.
SEC. 2. IMMEDIATE FEE REDUCTION.
Section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee)
is amended by striking ``1/300 of one percent'' each place it appears
and inserting ``1/500 of one percent''.
SEC. 3. REVISION OF SECURITIES TRANSACTION FEE PROVISIONS; ADDITIONAL
FEE REDUCTIONS.
(a) Pooling and Allocation of Collections.--Section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) is further amended--
(1) in subsection (b)--
(A) by striking ``Every'' and inserting ``Subject
to subsection (i), each''; and
(B) by striking the last sentence;
(2) by striking subsection (c);
(3) in subsection (d)--
(A) by striking paragraphs (2) and (3);
(B) by striking the following:
``(d) Off-Exchange Trades of Last-Sale-Reported Securities.--
``(1) Covered transactions.--Each national securities''
and inserting the following:
``(c) Off-Exchange Trades of Exchange Registered and Last-Sale-
Reported Securities.--Subject to subsection (i), each national
securities'';
(C) by inserting ``registered on a national
securities exchange or'' after ``security futures
products)'';
(D) by striking ``, excluding any sales for which a
fee is paid under subsection (c)'';
(4) by redesignating subsections (e) through (h) as
subsections (d) through (g), respectively;
(5) in subsection (e) (as redesignated by paragraph (4)),
by striking ``(b), (c), and (d)'' and inserting ``(b) and
(c)''; and
(6) by adding at the end the following new subsection:
``(h) Deposit of Fees.--
``(1) Offsetting collections.--Fees collected pursuant to
subsections (b) and (c) for any fiscal year--
``(A) shall be deposited and credited as offsetting
collections to the account providing appropriations to
the Commission, except that the amount so deposited and
credited for fiscal years 2007 through 2011 shall not
exceed the target offsetting collection amount for such
fiscal year; and
``(B) shall not be collected for any fiscal year
except to the extent provided in advance in
appropriation Acts.
``(2) General revenues.--Fees collected pursuant to
subsections (b) and (c) for fiscal years 2007 through 2011 in
excess of the amount deposited and credited as offsetting
collections pursuant to paragraph (1) for such fiscal year
shall be deposited and credited as general revenue of the
Treasury. No fees collected pursuant to such subsections for
fiscal years 2002 through 2006, fiscal year 2012, or any
succeeding fiscal year shall be deposited and credited as
general revenue of the Treasury.''.
(b) Additional Reductions of Fees.--
(1) Amendment.--Section 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78ee) is further amended by adding after
subsection (h) (as added by subsection (a)(6)) the following
new subsections:
``(i) Recapture of Projection Windfalls for Further Rate
Reductions.--
``(1) Annual adjustment.--For each of the fiscal years 2003
through 2011, the Commission shall by order adjust each of the
rates applicable under subsections (b) and (c) for such fiscal
year to a uniform adjusted rate that, when applied to the
baseline estimate of the aggregate dollar amount of sales for
such fiscal year, is reasonably likely to produce aggregate fee
collections under this section that are equal to the sum of--
``(A) the target offsetting collection amount for
such fiscal year; and
``(B) the target general revenue amount for such
fiscal year.
``(2) Final rate adjustment.--For fiscal year 2012 and all
of the succeeding fiscal years, the Commission shall by order
adjust each of the rates applicable under subsections (b) and
(c) for all of such fiscal years to a uniform adjusted rate
that, when applied to the baseline estimate of the aggregate
dollar amount of sales for fiscal year 2012, is reasonably
likely to produce aggregate fee collections under this section
in fiscal year 2012 equal to the target offsetting collection
amount for fiscal year 2011.
``(3) Limitation on rate adjustment.--Notwithstanding
paragraphs (1) and (2), no adjusted rate established under this
subsection for any fiscal year shall exceed the rate that would
otherwise be applicable under subsections (b) and (c) for such
fiscal year.
``(4) Review and effective date.--An adjusted rate
prescribed under paragraph (1) or (2) and published under
subsection (g) shall not be subject to judicial review. Subject
to subsections (h)(1)(B) and (j), an adjusted rate prescribed
under paragraph (1) shall take effect on the first day of the
fiscal year to which such rate applies and an adjusted rate
prescribed under paragraph (2) shall take effect on the first
day of fiscal year 2012.
``(j) Lapse of Appropriation.--If on the first day of a fiscal year
a regular appropriation to the Commission has not been enacted, the
Commission shall continue to collect fees (as offsetting collections)
under subsections (b) and (c) at the rate in effect during the
preceding fiscal year, until such a regular appropriation is enacted.
``(k) Definitions.--For purposes of this section:
``(1) Target offsetting collection amount.--The target
offsetting collection amount is an amount equal to--
``(A) $976,000,000 for fiscal year 2002;
``(B) $1,132,000,000 for fiscal year 2003;
``(C) $1,370,000,000 for fiscal year 2004;
``(D) $1,627,000,000 for fiscal year 2005;
``(E) $1,913,000,000 for fiscal year 2006;
``(F) $1,110,000,000 for fiscal year 2007;
``(G) $1,144,000,000 for fiscal year 2008;
``(H) $1,327,000,000 for fiscal year 2009;
``(I) $1,523,000,000 for fiscal year 2010; and
``(J) $1,745,000,000 for fiscal year 2011.
``(2) Target general revenue amount.--The target general
revenue amount is an amount equal to--
``(A) zero for each of the fiscal years 2002
through 2006;
``(B) $463,000,000 for fiscal year 2007;
``(C) $449,000,000 for fiscal year 2008;
``(D) $500,000,000 for fiscal year 2009;
``(E) $551,000,000 for fiscal year 2010; and
``(F) $614,000,000 for fiscal year 2011.
``(3) Baseline estimate of the aggregate dollar amount of
sales.--The baseline estimate of the aggregate dollar amount of
sales for any fiscal year is the baseline estimate of the
aggregate dollar amount of sales of securities (other than
bonds, debentures, other evidences of indebtedness, and
security futures products) to be transacted on each national
securities exchange and by or through any member of each
national securities association (otherwise than on a national
securities exchange) during such fiscal year as determined by
the Congressional Budget Office in making projections pursuant
to section 257 of the Balanced Budget and Emergency Deficit
Control Act of 1985 and as contained in the projection required
to be made in March of the preceding fiscal year.''.
(2) Conforming amendment.--Section 31(g) of such Act is
amended by inserting before the period at the end the
following: ``not later than April 30 of the fiscal year
preceding the fiscal year to which such rate applies''.
SEC. 4. PAY PARITY PROVISIONS.
(a) Securities and Exchange Commission Employees.--Section 4(b) of
the Securities Exchange Act of 1934 (15 U.S.C. 78d(b)) is amended--
(1) by striking paragraphs (1) and (2) and by inserting the
following:
``(1) Appointment, compensation, and benefits.--
``(A) In general.--The Commission may appoint and
fix the compensation of such officers, attorneys,
economists, examiners, and other employees as may be
necessary for carrying out its functions under this
Act.
``(B) Rates of pay.--Rates of basic pay for all
employees of the Commission may be set and adjusted by
the Commission without regard to the provisions of
chapter 51 or subchapter III of chapter 53 of title 5,
United States Code.
``(C) Additional compensation and benefits.--The
Commission may provide additional compensation and
benefits to employees of the Commission if the same
type of compensation or benefits are then being
provided by any agency referred to under section 1206
of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 or, if not then being provided,
could be provided by such an agency under applicable
provisions of law, rule, or regulation.
``(2) Information; comparability.--In establishing and
adjusting schedules of compensation and additional benefits for
employees of the Commission, which are to be determined solely
by the Commission under this subsection, the Commission--
``(A) shall consult with and inform the heads of
the agencies referred to under section 1206 of the
Financial Institutions Reform, Recovery, and
Enforcement Act of 1989;
``(B) shall inform the Congress of such
compensation and benefits; and
``(C) shall seek to maintain comparability with
such agencies regarding compensation and benefits.''.
(b) Technical Amendments.--
(1) Section 3132(a)(1) of title 5, United States Code, is
amended--
(A) in subparagraph (C), by striking ``or'' after
the semicolon;
(B) in subparagraph (D), by inserting `or` after
the semicolon; and
(C) by adding at the end of the following:
``(E) the Securities and Exchange Commission.''.
(2) Section 5373(a) of title 5, United States Code, is
amended--
(A) in paragraph (2), by striking ``or'' after the
semicolon;
(B) in paragraph (3), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(4) section 4(b) of the Securities Exchange Act of
1934.''.
SEC. 5. EFFECTIVE DATES.
(a) Fee Provisions.--The amendments made by sections 2 and 3 of
this Act shall take effect on October 1, 2001.
(b) Pay Parity.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by section 4 shall take effect on the date of
enactment of this Act.
(2) Exception.--The amendments made by section 4(b)(1)
shall take effect as of such date as the Securities and
Exchange Commission shall (by order published in the Federal
Register) prescribe, but in no event later than 1 year after
the date of enactment of this Act. | Fairness in Securities Transactions Act- Amends the Securities Exchange Act of 1934 to reduce (from one three-hundredth of one percent to one five-hundredth of one percent) the transaction fees designed to recover the costs to the Government of securities markets oversight and enforcement.Replaces the fee structure for off-exchange trades of last-sale-reported securities with a fee structure for off-exchange trades of exchange-registered and last-sale-reported securities.Provides that the fees so collected shall: (1) be deposited and credited as offsetting collections to the account providing appropriations to the Securities and Exchange Commission (SEC); and (2) not be deposited and credited as general revenue of the Treasury for specified fiscal years.Sets forth requirements for pay parity for SEC employees. | {"src": "billsum_train", "title": "To amend the Securities Exchange Act of 1934 to reduce fees on securities transactions."} | 2,513 | 185 | 0.599383 | 1.594893 | 0.66095 | 3.346667 | 15.486667 | 0.853333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Opioid Use Treatment Help Act
of 2016'' or the ``YOUTH Act''.
SEC. 2. REAUTHORIZATION OF SUBSTANCE ABUSE TREATMENT SERVICES FOR
CHILDREN AND ADOLESCENTS.
(a) In General.--Section 514 of the Public Health Service Act (42
U.S.C. 290bb-7) is amended--
(1) by striking ``abuse'' and inserting ``use'' each place
it appears;
(2) by striking ``children and adolescents'' and inserting
``children, adolescents, and young adults'' each place it
appears; and
(3) in subsection (f), by striking ``for fiscal years 2002
and 2003'' and inserting ``for each of fiscal years 2017
through 2022''.
(b) Technical Correction.--Section 514 of the Public Health Service
Act (42 U.S.C. 290bb-9), as added by section 3632 of the
Methamphetamine Anti-Proliferation Act of 2000 (Public Law 106-310; 114
Stat. 1236), is redesignated as section 514B.
SEC. 3. ACCESS TO MEDICATION-ASSISTED TREATMENT FOR ADOLESCENTS AND
YOUNG ADULTS DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Agency for Healthcare Research and Quality
(in this section referred to as the ``Director''), shall award grants
to eligible entities to establish demonstration programs to--
(1) expand access to medication-assisted treatment for
opioid use disorders among adolescents and young adults;
(2) identify and test solutions to overcoming barriers to
implementation of medication-assisted treatment for adolescents
and young adults; or
(3) create and distribute for pediatric health care
providers resources on medication-assisted treatment training
and implementation.
(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a State, political subdivision of a State, Indian
tribe, tribal organization, professional pediatric provider
organization, professional addiction medicine provider,
hospital, an institution of higher education, or other
appropriate public or nonprofit institution; and
(2) certify that it is in compliance with all applicable
registration and licensing requirements.
(c) Application.--To seek a grant under this section, an entity
shall submit to the Director an application at such time, in such
manner, and containing such information as the Director may require.
(d) Duration.--An eligible entity may receive funds under this
section to carry out a demonstration program described in this section
for a period of not greater than 3 years. After the first year for
which funding is provided to an eligible entity for a demonstration
program, funding may be provided under this section for a subsequent
year for such program only upon review of such program by the Director
and approval by the Director of such subsequent year of funding.
(e) Reports.--
(1) By grant recipients.--Each eligible entity awarded a
grant under this section for a demonstration program shall
submit to the Director progress reports on such demonstration
program at such times, in such manner, and containing such
information as the Director may require.
(2) By director.--Not later than one year after the date on
which all demonstration programs funded under this section have
been completed, the Director shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives a report that--
(A) describes the availability of medication-
assisted treatment for adolescents and young adults
with opioid use disorders in the United States,
including barriers to such treatment;
(B) describes the specific demonstration programs
carried out pursuant to this section;
(C) evaluates the effectiveness of such programs;
(D) evaluates any unintended consequences of such
programs; and
(E) provides recommendations for ensuring that
medication-assisted treatment is accessible to
adolescents and young adults with opioid use disorders.
(f) Definitions.--In this section:
(1) The phrase ``adolescents and young adults'' means
individuals who have attained 10 years of age and not yet
attained 26 years of age.
(2) The term ``medication-assisted treatment'' means
pharmacological treatments approved by the Food and Drug
Administration, in combination with counseling and behavioral
therapies.
(3) The term ``opioid use disorder'' means a substance use
disorder that is a problematic pattern of opioid use leading to
clinically significant impairment or distress occurring within
a 12-month period.
(4) The term ``pediatric health care provider'' means a
provider of health care to individuals who have attained 10
years of age and not yet attained 26 years of age.
(5) The term ``professional pediatric provider
organization'' means a national organization whose members
consist primarily of pediatric health care providers.
(g) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 4. GAO STUDY AND REPORT ON PROGRAMS AND RESEARCH RELATIVE TO
SUBSTANCE USE AND SUBSTANCE USE DISORDERS AMONG
ADOLESCENTS AND YOUNG ADULTS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on how Federal agencies are addressing prevention of,
treatment for, and recovery from substance use by and substance use
disorders among adolescents and young adults. Such study shall include
an analysis of each of the following:
(1) The research that has been, and is being, conducted or
supported by the Federal Government on prevention of, treatment
for, and recovery from substance use by and substance use
disorders among adolescents and young adults, including an
assessment of--
(A) such research relative to any unique
circumstances (including social and biological
circumstances) of adolescents and young adults that may
make adolescent-specific and young adult-specific
treatment protocols necessary, including any effects
that substance use and substance use disorders may have
on brain development and the implications for treatment
and recovery; and
(B) areas of such research in which greater
investment or focus is necessary relative to other
areas of such research.
(2) The Federal non-research programs and activities that
address prevention of, treatment for, and recovery from
substance use by and substance use disorders among adolescents
and young adults, including an assessment of the effectiveness
of such programs and activities in preventing substance use by
and substance use disorders among adolescents and young adults,
treating such adolescents and young adults in a way that
accounts for any unique circumstances faced by adolescents and
young adults, and supports long-term recovery among adolescents
and young adults.
(3) Gaps that have been identified by Federal officials and
experts in Federal efforts relating to prevention of, treatment
for, and recovery from substance use by and substance use
disorders among adolescents and young adults, including gaps in
research, data collection, and measures to evaluate the
effectiveness of Federal efforts, and the reasons for such
gaps.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of the Congress a report containing the results of the study
conducted under subsection (a), including--
(1) a summary of the findings of the study; and
(2) recommendations based on the results of the study,
including recommendations for such areas of research and
legislative and administrative action as the Comptroller
General determines appropriate. | Youth Opioid Use Treatment Help Act of 2016 or the YOUTH Act This bill amends the Public Health Service Act to revise and reauthorize through FY2022 grants for substance abuse treatment services for children and adolescents. The grant program is expanded to cover young adults. The Agency for Healthcare Research and Quality (AHRQ) must award grants for demonstration programs to: (1) expand access to medication-assisted treatment for opioid use disorders among adolescents and young adults, or (2) create and distribute for pediatric health care providers resources on medication-assisted treatment training and implementation. AHRQ must report on the demonstration programs and the availability of medication-assisted treatment for adolescents and young adults. The report must include recommendations for ensuring such treatment is accessible. The Government Accountability Office must study how federal agencies are addressing substance use and substance use disorders among adolescents and young adults. | {"src": "billsum_train", "title": "YOUTH Act"} | 1,651 | 186 | 0.564022 | 1.578347 | 0.834963 | 4.380368 | 9.398773 | 0.907975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amtrak Investment Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) intercity rail passenger service is an essential
component of the integrated national transportation system;
however, to achieve its full potential the National Railroad
Passenger Corporation (Amtrak) must provide a quality
transportation product in the form of clean, comfortable, and
on-time service;
(2) Amtrak's management and employees are dedicated to
providing the high quality service that Amtrak's customers
deserve; however, additional capital investment is needed to
acquire the modern equipment and efficient facilities that are
essential to satisfy the demand for superior intercity rail
passenger service;
(3) significant levels of Federal capital investment will
enable Amtrak to provide the world class service American rail
passengers deserve, and will reduce operating costs in the long
term;
(4) Amtrak's management should be held accountable to
ensure that all capital investment by the Federal Government is
effectively used to improve the quality of service and the
long-term financial health of Amtrak;
(5) the Secretary of Transportation, as an ex officio
member of Amtrak's board of directors, should use this position
to evaluate Amtrak's costs and revenue elements to ensure that
Amtrak provides excellent service to its customers and that
Amtrak uses its Federal investment wisely and efficiently;
(6) States can play a significant role in providing cost-
efficient intercity rail passenger transportation and in
addressing local transportation needs and air quality control;
and
(7) the freight railroads represent a critical part of the
Nation's transportation infrastructure, which should help to
provide expeditious and cost-effective delivery of passenger
trains.
SEC. 3. WORLD CLASS SERVICE.
Section 24101(c) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) manage capital investment in such a way as to
provide its customers with world class service.''.
SEC. 4. RETURN ON INVESTMENT.
Section 24315(b)(1) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following:
``(C) shall include projections of the anticipated benefits
of the projects proposed for funding under this part and a
report on the benefits actually realized from all projects
previously funded under this part, or legislation on which this
part is based, beginning with funds provided in fiscal year
1994.
Such report shall include an identification of improvements in the
quality of service offered by Amtrak, facility improvements that
demonstrate a productivity gain, equipment improvements that lower
operating costs, environmental benefits (including air quality and land
use), enhancements to local transportation needs, enhancements to
mobility of physically and economically disadvantaged persons, an
improvement to the revenue-to-cost ratio, reduced dependence on Federal
operating support, and reductions in the need for alternative
transportation investments. To the extent practicable, the benefits
addressed in each report shall also be expressed as return on invested
capital.''.
SEC. 5. STATE REQUESTED RAIL PASSENGER TRANSPORTATION.
(a) State/Federal Formula.--(1) Section 24704 of title 49, United
States Code, is amended--
(A) in subsection (a)(1)(C)--
(i) by striking ``short term'' both places it
appears and inserting in lieu thereof ``long-term'';
and
(ii) by striking ``65 percent'' and inserting in
lieu thereof ``55 percent'';
(B) in subsection (b)--
(i) by adding at the end of paragraph (2) the
following new sentence: ``Any such renewal shall
require the State, agency, or person to provide a
statement that such State, agency, or person agrees to
pay in each year of operation, beginning with the first
year of operation of service under such renewed
agreement, at least 55 percent of the long-term
avoidable losses of operating such service and at least
50 percent of the associated capital costs.''; and
(ii) by inserting at the end the following new
paragraph:
``(3) Amtrak is authorized to contribute in each year of operation
of any service instituted or retained pursuant to this section no more
than--
``(A) 55 percent in the first year of such operation; and
``(B) 45 percent in each year of operation thereafter,
of the long-term avoidable losses of operating such service and no more
than 50 percent of the associated capital costs.''.
(2) The amendments made by paragraph (1) shall only apply with
respect to fiscal year 1996 and subsequent fiscal years.
(b) Review of Program.--Within 2 years after the date of enactment
of this Act, the Secretary of Transportation shall conduct a
comprehensive review of the program of State-assisted rail passenger
services operated by Amtrak under section 24704 of title 49, United
States Code, and shall submit a report to the Congress detailing the
Secretary's findings and conclusions, including any recommendations the
Secretary may have for revising such section 24704. The Secretary's
report shall address, among other things, whether and at what point
services originated under section 24704 should become a part of the
basic system of intercity rail passenger transportation and shall
identify any other avenues for initiating and implementing new rail
passenger transportation.
SEC. 6. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM.
(a) Capital Improvements.--(1) Section 24902(h) of title 49, United
States Code, is amended--
(A) by inserting ``(1)'' before ``If practicable''; and
(B) by adding at the end the following new paragraph:
``(2) Amtrak shall make capital improvements for the Northeast
Corridor improvement program under this chapter as necessary to operate
reliable, high-speed rail passenger service, to enhance capacity for
intercity and commuter passenger transportation, and as otherwise may
be necessary to ensure continued reliable high-speed service. Amtrak
shall also acquire train equipment to be used on the Northeast
Corridor, mitigate environmental impacts related to the Northeast
Corridor improvement program, and provide adequate parking at and
improve Northeast Corridor rail stations.''.
(2) Section 24909 of title 49, United States Code, is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(b) Boston-New Haven Electrification Project.--(1) Section 24902(f)
of title 49, United States Code, is amended--
(A) by inserting ``(1)'' before ``Improvements under''; and
(B) by adding at the end the following new paragraph:
``(2) Amtrak shall design and construct the electrification system
between Boston, Massachusetts, and New Haven, Connecticut, to
accommodate the installation of a third mainline track between
Davisville and Central Falls, Rhode Island, to be used for double-stack
freight service to and from the Port of Davisville. Wherever
practicable, Amtrak shall use portal structures and realign existing
tracks on undergrade and overgrade bridges to minimize the width of the
right-of-way required to add the third track. Amtrak shall take such
other steps as may be required to coordinate and facilitate design and
construction work.''.
(2) Amtrak shall, not later than 6 months after the date of
enactment of this Act, transmit to the Congress a report detailing its
electrification design between Davisville and Central Falls, Rhode
Island, and describing efforts to comply with section 24902(f)(2) of
title 49, United States Code.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 24104 of title 49, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``and not more than
$332,000,000 for fiscal year 1995 and $335,000,000 for fiscal
year 1996 may be appropriated to the Secretary,'' after
``September 30, 1994,'';
(2) in subsection (a)(2), by adding at the end the
following new subparagraphs:
``(C) $250,000,000 for fiscal year 1995.
``(D) $250,000,000 for fiscal year 1996.'';
(3) in subsection (b)(1), by inserting ``Not more than
$373,000,000 for fiscal year 1995 and $373,000,000 for fiscal
year 1996 may be appropriated to the Secretary for the benefit
of Amtrak for operating expenses.'' after ``for operating
expenses.'';
(4) in subsection (b)(2)(A), by adding at the end the
following new clauses:
``(iii) $17,000,000 for fiscal year 1995.
``(iv) $17,000,000 for fiscal year 1996.'';
(5) in subsection (c)(1)--
(A) by striking ``and'' after ``September 30,
1993,''; and
(B) by inserting ``$156,000,000 for fiscal year
1995, and $165,000,000 for fiscal year 1996,'' after
``September 30, 1994,''; and
(6) by amending subsection (d) to read as follows:
``(d) Administration of Appropriations.--Notwithstanding section
6304 of title 31, United States Code, funds appropriated pursuant to
this section shall be provided to Amtrak upon appropriation when
requested by Amtrak.''.
SEC. 8. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.
(a) Amendment.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following new section:
``SEC. 24316. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.
``(a) Establishment.--Amtrak shall establish a Capital and
Equipment Acquisition Account. Amounts in this account shall be used by
Amtrak to--
``(1) acquire passenger equipment and locomotives;
``(2) encourage State and local investment in facilities
and equipment used to provide intercity rail passenger
transportation; and
``(3) address other critical capital priorities.
``(b) Deposits.--Amtrak may deposit into the Capital and Equipment
Acquisition Account--
``(1) payments received for the use of its equipment or
facilities;
``(2) claims recovered by Amtrak; and
``(3) amounts from any other source to the extent
authorized by Federal law.''.
(b) Table of Sections Amendment.--The table of sections for chapter
243 of title 49, United States Code, is amended by adding at the end
the following new item:
``24316. Capital and equipment acquisition account.''.
SEC. 9. ON-TIME PERFORMANCE.
(a) Comparison.--The Secretary of Transportation shall conduct a
direct comparison of the on-time performance of Amtrak compared to
other modes of commercial passenger transportation, using consistent
methodologies.
(b) Report to Congress.--The Secretary of Transportation shall, not
later than 1 year after the date of enactment of this Act, transmit to
the Congress a report on the results of the comparison required by
subsection (a), along with an explanation of the differences found in
on-time performance between modes of transportation, including
consideration of the age and condition of equipment and any other
differences among the modes that affect the ability to achieve on-time
service.
SEC. 10. COOPERATION WITH STUDY.
Amtrak shall cooperate with the efforts of the Virginia State
Department of Transportation in designing and carrying out a study on
the feasibility of reestablishing rail service between Washington,
D.C., and Bristol, Virginia.
SEC. 11. BURBANK-GLENDALE-PASADENA, CALIFORNIA, STATION FACILITIES.
Amtrak shall develop a plan for new station facilities at the
Burbank-Glendale-Pasadena Airport to accommodate the intercity rail
passenger requirements of Amtrak, along with the needs of the commuter
rail services serving the Burbank-Glendale-Pasadena metropolitan area.
In developing the plan, Amtrak shall consider use of a facility at the
airport as a primary facility for handling intercity and commuter
passengers, shall evaluate sources of State, local, and private funding
for the new station facilities, and shall propose the allocation of
space and costs in the new facilities among all transportation services
using the facilities. The plan shall be predicated upon completing the
project with State, local, and private funding, and without Federal
funds appropriated for Amtrak. Amtrak shall submit a report to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
containing such plan no later than April 1, 1995.
SEC. 12. CITY OF ONTARIO, CALIFORNIA, STATION FACILITIES.
Amtrak shall develop a plan for new or redeveloped station
facilities in the City of Ontario, California, to accommodate the
intercity rail passenger requirements of Amtrak, along with the needs
of the commuter rail services servicing the City of Ontario. In
developing the plan, Amtrak shall consider use of a facility at the
Ontario International Airport as the primary facility for handling
intercity passengers, shall evaluate sources of State, local, and
private funding for the new or redeveloped station facilities, and
shall propose the allocation of space and costs in the new facilities
among all transportation services using the facilities. The plan shall
be predicated upon completing the project with State, local, and
private funding, and without Federal funds appropriated for Amtrak.
Amtrak shall submit a report to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate containing such plan no later than
April 1, 1995.
SEC. 13. LAND CONVEYANCE.
(a) Validation and Confirmation.--The conveyance described in
subsection (b)(1) involving certain real property in Tulare County,
California, forming a part of the right-of-way granted by the United
States to the Southern Pacific Railroad under the Act entitled ``An Act
granting Lands to aid in the Construction of a Railroad and Telegraph
Line from the States of Missouri and Arkansas to the Pacific Coast'',
approved July 27, 1866 (14 Stat. 292), is legalized, validated, and
confirmed in the Redevelopment Agency of the city of Tulare, the
grantee in such conveyance, and their successors in interest, with
respect to all interests of the United States in the rights to the real
property described in subsection (b)(2).
(b) Conveyance and Real Property Described.--
(1) Conveyance.--The conveyance referred to in subsection
(a) was made by a Judgment in Condemnation and Final Order of
Condemnation of the Superior Court in and for the county of
Tulare, State of California in Action No. 150298 entitled
``Redevelopment Agency of the City of Tulare v. Southern
Pacific Transportation Company'' filed and entered March 10,
1992, by the Southern Pacific Transportation Company to the
Redevelopment Agency of the city of Tulare.
(2) Real property described.--The real property referred to
in subsection (a) is a parcel of land in the northwest quarter
of section 11, township 20 south, range 24 east, Mount Diablo
Base and meridian in the city of Tulare, county of Tulare,
State of California, more particularly described as follows:
Commencing at the intersection of the centerlines of Tulare
Avenue and ``J'' Street;
Thence north 10 degrees 20 minutes 00 seconds west 208.54
feet along the centerline of ``J'' Street;
Thence south 79 degrees 39 minutes 36 seconds west 40.00
feet to the westerly right-of-way line of ``J'' Street and the
True Point of Beginning;
Thence south 10 degrees 20 minutes 00 seconds east 148.54
feet along said westerly right-of-way line to the beginning of
a tangent curve concave to the northwest having a radius of
20.00 feet, a radial line through which bears north 79 degrees
40 minutes 00 seconds east;
Thence south, southwesterly and westerly along said curve
and right-of-way line through a central angle of 89 degrees 59
minutes 36 seconds to the northerly right-of-way line of Tulare
Avenue;
Thence south 79 degrees 39 minutes 36 seconds west 159.89
feet along last said right-of-way line;
Thence leaving said right-of-way line north 10 degrees 20
minutes 00 seconds west 168.54 feet parallel with the
centerline of ``J'' Street;
Thence north 79 degrees 39 minutes 36 seconds east 179.88
feet to the Point of Beginning.
Containing 0.69 acres.
SEC. 14. RESIDENCE OF EMPLOYEES.
The amendments made by section 7 of the Amtrak Reauthorization and
Improvement Act of 1990 shall apply to all periods before and after the
date of their enactment. | Amtrak Investment Act of 1994 - Amends Federal transportation law to make it a goal of the National Railroad Passenger Corporation (AMTRAK) to manage its capital investment in such a way as to provide its customers with world class service.
(Sec. 4) Requires AMTRAK to include in its annual report on its operations to the President and the Congress projections of anticipated and realized benefits of proposed and previously funded projects.
(Sec. 5) Requires applications by a State, agency, or person requesting AMTRAK to provide rail passenger transportation, or to keep a train, route, or service that AMTRAK intends to discontinue, to commit it to provide at least 65 percent of the long-term loss (currently, short-term loss) of providing such transportation in the first year, and at least 55 percent of such loss in each succeeding year. Requires a State, agency, or person, with respect to the renewal of such service, to state that it agrees to pay at least 55 percent of the long-term avoidable losses of operating such service and at least 50 percent of the associated capital costs. Authorizes AMTRAK for each year of operation to contribute no more than 55 percent of the long-term avoidable losses in the first year of operation, and no more than 45 percent in each succeeding year.
Directs the Secretary of Transportation (Secretary) to review AMTRAK's State-assisted rail passenger services program and report the results, including recommendations for revising such program, to the Congress.
(Sec. 6) Directs AMTRAK to make capital improvements for the Northeast Corridor improvement project necessary for reliable, high- speed rail passenger service and enhancement of capacity for intercity and commuter passenger service.
Requires AMTRAK to construct an electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville. Requires AMTRAK to report to the Congress on its electrification design between Davisville and Central Falls, Rhode Island.
(Sec. 7) Authorizes appropriations for: (1) capital acquisition and corridor development; (2) AMTRAK operating expenses; (3) AMTRAK operating losses; and (4) certain mandatory payments.
(Sec. 8) Directs AMTRAK to establish a Capital and Equipment Acquisition Account.
(Sec. 9) Directs the Secretary to report to the Congress on the on-time performance of AMTRAK as compared to other modes of commercial transportation.
(Sec. 10) Requires AMTRAK to cooperate with the Virginia State Department of Transportation on a study of the feasibility of reestablishing rail service between Washington, D.C., and Bristol, Virginia.
(Sec. 11) Requires AMTRAK to develop plans for new station facilities at the Burbank-Glendale-Pasadena Airport and in Ontario, California.
(Sec. 13) Confirms the conveyance of U.S. interests in certain real property to Tulare County, California. | {"src": "billsum_train", "title": "Amtrak Investment Act of 1994"} | 3,864 | 711 | 0.579626 | 1.879822 | 0.636459 | 3.892123 | 6.032534 | 0.922945 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Security and Efficiency
Enhancement Act of 2002''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress makes the following findings:
(1) The length of time it takes to process immigration
applications within the Immigration and Naturalization Service
of the Department of Justice has created a serious national
security problem. This is demonstrated by the granting of
student visas to Mohamed Atta and Marwan Alshehhi six months
after their involvement in the World Trade Center bombings. The
mistake was attributed to delays in processing the paperwork,
huge backlogs of applicants, and antiquated computer systems.
(2) The INS currently has a backlog of immigration requests
estimated to be 5,000,000 applications.
(3) Currently 40 percent of all requests made to the INS to
obtain permanent resident status are filled out incorrectly.
This means that 40 percent of the files the INS receives must
be processed twice.
(4) There is currently no certified means of identifying
organizations that provide fair services. Many organizations
compete to sell immigration services to immigrants, but there
is no reliable way to distinguish between good and bad
information sources.
(5) It is estimated that in southern California, immigrants
often pay between $500 and $3,000 just to submit their
applications. At the low cost end, preparing a naturalization
application (form N-400) routinely costs about $500-$800. At
the high cost end, preparing the family-sponsored green card
application can cost between $2,000 and $3,000.
(6) President Clinton signed the Electronic Signatures in
Global and National Commerce Act into law in June of 2000,
making electronic signatures the legal equivalent of physical
signatures. The Internal Revenue Service (IRS) has implemented
electronic filing for sensitive tax information, requiring
verifiable electronic identification.
(7) The State Department is introducing a web-based arms
export license application system that will allow companies to
submit license applications and supporting technical documents,
blueprints, and other complex data over the Internet. This
information will be shared with the Commerce, Defense, and
Energy Departments. The State Department claims that this will
help strengthen inter-agency cooperation and cut down on
illegal arms trafficking.
(b) Purpose.--It is the purpose of this Act to enhance the security
procedures and efficiency of the immigration, visa, border patrol, and
naturalization services of the United States Government by mandating
the implementation of an electronic application process utilizing
certified filing entities and e-file applications.
SEC. 3. IMPLEMENTATION OF SECURITY AND EFFICIENCY ENHANCEMENTS.
(a) Plan.--Not later than 90 days after the date of the enactment
of this Act, the Attorney General shall submit to the Congress a plan
for the implementation of security and efficiency enhancements
described in subsection (b). The plan shall include a timetable for
implementation with appropriate information concerning the importance
and impact of technology, funding, and other factors on the timetable.
(b) Security and Efficiency Enhancements.--Immigration security and
efficiency enhancements are as follows:
(1) Establishment of a central computer database and
network for processing immigration applications and forms.
(2) Identification of applications and forms appropriate
for electronic submission.
(3) Implementation of a pilot project for elective
electronic submission of designated immigration applications
and forms.
(4) Implementation of elective electronic submission of
designated immigration applications and forms.
(5) Within 4 to 5 years after the date of the enactment of
this Act, electronic submission of designated immigration
applications and forms which comprise not less than 25 percent
of the total by volume.
(6) Within 6 years after the date of the enactment of this
Act, electronic submission of designated immigration
applications and forms comprising not less than 50 percent of
the total by volume.
(7) Within 8 years after the date of the enactment of this
Act, electronic submission of designated immigration
applications and forms comprising not less than 75 percent of
the total by volume.
(8) Wherever feasible, electronic submission of designated
immigration applications and forms.
(c) Limitations.--Notwithstanding any other provision of this Act,
the Attorney General shall implement an electronic application process
only with respect to immigration, visa, border patrol, and
naturalization services of the United States Government that the
Attorney General determines to be appropriate. The Attorney General may
not implement an electronic application process with respect to
applications by aliens who have been convicted of a felony or aliens
who are residing in the United States illegally.
(d) Annual Report.--Not later than 1 year after the date of the
submission of the plan under subsection (a) and annually thereafter,
the Attorney General shall submit to the Congress an annual report
which outlines the progress in implementing the plan, together with any
modifications in the projections of the plan.
SEC. 4. ESTABLISHMENT OF ELECTRONIC FILE MANAGEMENT SYSTEM.
The Attorney General shall establish within the visa, immigration,
border patrol, and naturalization functions under the jurisdiction of
the Department of Justice a computer network composed of a state-of-
the-art electronic file management system and computer information
system to efficiently receive and process files submitted
electronically and securely share information within the network.
SEC. 5. ESTABLISHMENT OF IMMIGRATION AND NATURALIZATION FILING SYSTEM
THROUGH CERTIFIED SERVICE PROVIDERS.
(a) In General.--The Attorney General shall establish within the
visa, immigration, and naturalization functions under the jurisdiction
of the Department of Justice a system which provides for the electronic
filing and submission of applications only from organizations and
entities certified by the department to perform immigration and
naturalization services on behalf of applicants.
(b) Certification of Service Providers.--The Attorney General
develop criteria and procedures for the certification of organizations
and entities as service providers. In the certification of service
providers the Attorney General shall consider the promotion of
competition and do everything possible to prevent monopolies.
(c) Criteria for Certification of Service Providers.--The Attorney
General shall promulgate regulations which provide for the criteria for
certification of service providers which shall include the following:
(1) Submission security--the ability to verify that a
secure link is established for transmitting applicant
information.
(2) Quality control by the private entity/organization--the
ability to determine that the service providers are competent
and qualified to provide reliable information to applicants on
visa, immigration, and naturalization requirements and
procedures necessary to successfully complete applications.
(3) User identification verification--the ability to
determine that the service provider conducts an adequate
initial identity verification.
(4) The logistical capabilities to participate in the
system.
SEC. 6. GRANTS FOR TECHNOLOGY ENHANCEMENT OF IMMIGRATION SERVICE
PROVIDERS.
The Attorney General is authorized to establish a program of grants
to nonprofit service providers under section 5 to assist such entities
in obtaining electronic technologies compatible with those utilized by
the visa, immigration, and naturalization functions under the
jurisdiction of the Department of Justice.
SEC. 7. ELECTRONIC DATABASE OF CLOSED INS FILES.
The National Records Center shall create and maintain an electronic
database of all closed files of the Immigration and Naturalization
Service to speed up the request process on past records for all Federal
agencies that access such files.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each fiscal year to carry out this Act. | Immigration Security and Efficiency Enhancement Act of 2002 - Directs the Attorney General to submit to Congress an immigration security and efficiency enhancement plan which shall incorporate: (1) establishment of a central computer application and form database and network, and identification of applications and forms appropriate for electronic submission; (2) implementation of an electronic submission pilot project; and (3) within specified time periods, electronic submission of specified percentages of such applications and forms.Directs the Attorney General to establish within the visa, immigration, border patrol, and naturalization functions of the Department of Justice: (1) an electronic file management and computer information system; and (2) an electronic filing and submission system for applications from certified service providers (as provided for by this Act).Authorizes the Attorney General to provide grants for enhancement of immigration service providers.Directs the National Records Center to create and maintain an electronic database of all closed Immigration and Naturalization Service files. | {"src": "billsum_train", "title": "To enhance the security and efficiency of the immigration, visa, border patrol, and naturalization functions of the United States Government."} | 1,616 | 184 | 0.528971 | 1.671735 | 0.955161 | 3.174157 | 8.477528 | 0.926966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Water Sovereignty Protection
Act''.
SEC. 2. DEFINITION OF STATE.
In this Act, the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the Virgin Islands.
SEC. 3. USE OF STATE LAW BY UNITED STATES FOR ACQUIRING AND EXERCISING
WATER RIGHTS.
(a) In General.--When the United States seeks to appropriate water
or acquire a water right in a State or to exercise any right with
respect to a water right in a State, the United States shall be subject
to all procedural and substantive laws of the State relating to the
allocation, adjudication, appropriation, acquisition, use, and exercise
of water rights to the same extent as a private person is subject to
those laws.
(b) Consent to Joinder.--
(1) In general.--Consent is given to join the United States
in any administrative or judicial proceeding of a State
relating to the allocation, adjudication, appropriation,
acquisition, use, or exercise of a water right to the same
extent as any private person may be joined in such a
proceeding.
(2) Waiver.--The United States, when a party to a
proceeding described in paragraph (1)--
(A) shall be deemed to have waived any right to
plead that the State laws are inapplicable or that the
United States is not amenable to the State laws by
reason of the sovereignty of the United States; and
(B) shall be subject to the judgments, orders, and
decrees issued in any such proceeding, and may obtain
review of those judgments, orders, and decrees in the
same manner and to the same extent as a private person
under like circumstances.
(c) No Implied Federal Reserved Water Rights.--The withdrawal,
designation, or other reservation of land by the United States for any
purpose (whether by statute or administrative action) does not give
rise by implication to a Federal reserved right to water relating to
that purpose.
SEC. 4. MANAGEMENT AND CONTROL OF WATER IN A STATE.
(a) In General.--Notwithstanding any other provision of law--
(1) management and control over water in a State shall be
subject to and in accordance with the laws of the State in
which the water is located;
(2) Congress delegates to each State the authority to
regulate water, including the authority to regulate water in
interstate commerce (including regulation of usufructuary
rights, trade, and transportation); and
(3) the United States, and any agency or officer on behalf
of the United States, may exercise management and control over
water in a State only in compliance with the laws of the State
in which the water is located.
(b) Suit by Private Parties.--The United States waives sovereign
immunity with respect to any claim for declaratory, equitable, or
injunctive relief brought by a nongovernmental entity against the
United States under the laws of a State relating to the management or
control of water in the State.
SEC. 5. COSTS AND FEES RELATING TO ADMINISTRATIVE OR JUDICIAL
PROCEEDINGS.
In any administrative or judicial proceeding in which the United
States participates under this Act or section 208 of the Act of July
10, 1952 (commonly known as the ``McCarran Amendment'') (43 U.S.C.
666), the United States shall be subject to the imposition of costs and
fees to the same extent as costs and fees may be imposed on a private
person.
SEC. 6. SAVINGS PROVISIONS AND DISCLAIMERS.
(a) In General.--Nothing in this Act--
(1) permits an appropriation of water under State law that
interferes with any treaty or other international agreement to
which the United States is a party; or
(2) affects, impairs, diminishes, subordinates, or
enlarges--
(A) any right of the United States or any State to
water under any treaty or other international agreement
to which the United States is a party or under any
interstate compact; or
(B) any obligation of the United States to any
Indian or Indian tribe relating to water, or any claim
or right owned or held by or for any Indian or Indian
tribe relating to water, including any obligation,
claim, or right under any Indian water compact.
(b) No Effect on Other Acts.--Nothing in this Act affects or
modifies--
(1) section 208 of the Act of July 10, 1952 (43 U.S.C.
666);
(2) the Submerged Lands Act (43 U.S.C. 1301 et seq.); or
(3) the Outer Continental Shelf Lands Act (43 U.S.C. 1331
et seq.). | State Water Sovereignty Protection Act - Directs the United States, when it seeks to appropriate water or acquire a water right in a State, to be subject to all procedural and substantive laws of that State relating to its water rights and uses. Gives consent to join the United States in any State proceeding relating to the allocation or use of a water right.Subjects management and control of water in a State to the laws of such State. Delegates to each State the authority to regulate water. Allows the United States to exercise management and control of water in a State only in compliance with that State's laws.Subjects the United States to the imposition of costs and fees in a proceeding to the same extent as a private person. | {"src": "billsum_train", "title": "A bill to preserve the authority of States over water within their boundaries, to delegate to States the authority of Congress to regulate water, and for other purposes."} | 1,116 | 169 | 0.6515 | 1.810416 | 0.786636 | 3.971429 | 6.928571 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Pain Care Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Acute and chronic pain are prevalent conditions within
the population of veterans.
(2) Methods of modern warfare, including the use of
improvised explosive devices, produce substantial numbers of
battlefield casualties with significant damage to both the
central and peripheral nervous systems.
(3) The successes of military health care, both on and off
the battlefield, result in high survival rates of severely
injured military personnel who will be afflicted with
significant pain disorders on either an acute or chronic basis.
(4) Failure to treat pain appropriately at the time of
transition from receipt of care from the Department of Defense
to receipt of care from the Department of Veterans Affairs
contributes to the development of long-term chronic pain
syndromes, in some cases accompanied by long-term mental health
and substance use disorders.
(5) Pain is a leading cause of short-term and long-term
disability among veterans.
(6) The Department of Veterans Affairs has implemented
important pain care programs at some facilities and in some
areas, but comprehensive pain care is not consistently provided
on a uniform basis throughout the health care system of the
Department to all patients in need of such care.
(7) Inconsistent and ineffective pain care provided by the
Department of Veterans Affairs leads to pain-related
impairments, occupational disability, and medical and mental
complications for veterans with acute and chronic pain, with
long-term costs for the health care and disability systems of
the Department and for society at large.
(8) Research, diagnosis, treatment, and management of acute
and chronic pain for veterans constitute health care priorities
of the United States.
SEC. 3. PAIN CARE INITIATIVE IN DEPARTMENT OF VETERANS AFFAIRS HEALTH
CARE FACILITIES.
(a) Requirement.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1720F. Pain care
``(a) In General.--The Secretary shall carry out at each health
care facility of the Department an initiative on pain care.
``(b) Elements.--The initiative at each health care facility of the
Department shall ensure that each individual receiving treatment in
such health care facility receives the following:
``(1) An assessment for pain at the time of admission or
initial treatment, and periodically thereafter, using a
professionally recognized pain assessment tool or process.
``(2) Appropriate pain care consistent with recognized
means for assessment, diagnosis, treatment, and management of
acute and chronic pain, including when appropriate, access to
specialty pain management services.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1720E the following new item:
``1720F. Pain care.''.
(c) Implementation.--The Secretary of Veterans Affairs shall ensure
that the pain care initiatives required by section 1720F of title 38,
United States Code, as added by subsection (a), are implemented at all
health care facilities of the Department of Veterans affairs by not
later than--
(1) January 1, 2008, in the case of inpatient care; and
(2) January 1, 2009, in the case of outpatient care.
SEC. 4. PROGRAM ON RESEARCH AND TRAINING ON PAIN IN DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330A. Program of research and training on acute and chronic
pain
``(a) In General.--The Secretary shall carry out within the Medical
and Prosthetic Research Service of the Veterans Health Administration a
program of research and training on acute and chronic pain.
``(b) Purposes.--The purposes of the program shall include the
following:
``(1) To identify research priorities most relevant to the
treatment of the types of acute and chronic pain suffered by
veterans.
``(2) To promote, conduct, and coordinate research in
accordance with such research priorities--
``(A) through the facilities and programs of the
Department; and
``(B) in cooperation with other agencies,
institutions, and organizations, including the
Department of Defense.
``(3) To educate and train health care personnel of the
Department with respect to the assessment, diagnosis,
treatment, and management of acute and chronic pain.
``(c) Designation of Centers.--(1) The Secretary shall designate an
appropriate number of facilities of the Department as cooperative
centers for research and education on pain. Each such center shall be
designated with a focus on research and training on one or more of the
following:
``(A) Acute pain.
``(B) Chronic pain.
``(C) A research priority identified under subsection
(b)(1).
``(2) The Secretary shall designate at least one of the centers
designated under paragraph (1) as a lead center for research on pain
attributable to central and peripheral nervous system damage commonly
associated with the battlefield injuries characteristic of modern
warfare.
``(3) The Secretary shall designate one of the centers designated
under paragraph (1) as the lead center for coordinating the pain care
research activities of the centers designated under this subsection.
The functions of such center shall be the following:
``(A) To review and evaluate periodically the research of
the centers designated under this subsection and to ensure that
such research is conducted in accordance with the research
priorities identified pursuant to subsection (b)(1).
``(B) To collect and disseminate the results of the
research of the centers designated under this subsection.
``(C) To develop and disseminate educational materials and
products--
``(i) to enhance the assessment, diagnosis,
treatment, and management of acute and chronic pain by
the health care professionals and facilities of the
Veterans Health Administration; and
``(ii) for veterans suffering from acute or chronic
pain and their families.
``(d) Award of Funding.--Centers designated under subsection (c)
may compete for the award of funding from amounts appropriated to the
Department each fiscal year for medical and prosthetics research.
``(e) National Oversight.--The Under Secretary of Health shall
designate an appropriate officer--
``(1) to oversee the operation of the centers designated
under subsection (c); and
``(2) to review and evaluate periodically the performance
of such centers.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7330 the following new item:
``7330A. Program of research and training on acute and chronic pain.''. | Veterans Pain Care Act of 2007 - Directs the Secretary of Veterans Affairs to carry out at each Department of Veterans Affairs (VA) health care facility an initiative on pain care which shall include, for each individual receiving treatment at such facility: (1) an assessment for pain at the time of admission or initial treatment, and periodic assessments thereafter; and (2) appropriate pain care including, when necessary, access to specialty pain management services.
Directs the Secretary to carry out within the Medical and Prosthetic Research Service of the Veterans Health Administration a program of research and training on acute and chronic pain. Requires the Secretary, under such program, to designate cooperative centers for research and education on pain, with at least one center as a lead center for research on pain attributable to central and peripheral nervous system damage commonly associated with battlefield injuries characteristic of modern warfare. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to establish a pain care initiative in health care facilities of the Department of Veterans Affairs, and for other purposes."} | 1,489 | 176 | 0.651169 | 1.857625 | 0.801362 | 5.467066 | 8.646707 | 0.952096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ultrasound Informed Consent Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXXIV--INFORMED CONSENT
``SEC. 3401. DEFINITIONS.
``In this title:
``(1) Abortion.--The term `abortion' means the intentional
use or prescription of any instrument, medicine, drug,
substance, device, or method to terminate the life of an unborn
child, or to terminate the pregnancy of a woman known to be
pregnant, with an intention other than--
``(A) to produce a live birth and preserve the life
and health of the child after live birth; or
``(B) to remove an ectopic pregnancy, or to remove
a dead unborn child who died as the result of a
spontaneous abortion, accidental trauma, or a criminal
assault on the pregnant female or her unborn child.
``(2) Abortion provider.--The term `abortion provider'
means any person legally qualified to perform an abortion under
applicable Federal and State laws.
``(3) Unborn child.--The term `unborn child' means a member
of the species homo sapiens, at any stage of development prior
to birth.
``(4) Unemancipated minor.--The term `unemancipated minor'
means a minor who is subject to the control, authority, and
supervision of his or her parent or guardian, as determined
under State law.
``(5) Woman.--The term `woman' means a female human being
whether or not she has reached the age of majority.
``SEC. 3402. REQUIREMENT OF INFORMED CONSENT.
``(a) Requirement of Compliance by Providers.--Any abortion
provider in or affecting interstate or foreign commerce, who knowingly
performs any abortion, shall comply with the requirements of this
title.
``(b) Performance and Review of Ultrasound.--Prior to a woman
giving informed consent to having any part of an abortion performed,
the abortion provider who is to perform the abortion, or an agent under
the supervision of the provider, shall--
``(1) perform an obstetric ultrasound on the pregnant
woman;
``(2) provide a simultaneous explanation of what the
ultrasound is depicting;
``(3) display the ultrasound images so that the pregnant
woman may view them; and
``(4) provide a complete medical description of the
ultrasound images, which shall include all of the following:
the dimensions of the embryo or fetus, cardiac activity if
present and visible, and the presence of external members and
internal organs if present and viewable.
``(c) Ability To Turn Eyes Away.--Nothing in this section shall be
construed to prevent a pregnant woman from turning her eyes away from
the ultrasound images required to be displayed and described to her.
Neither the abortion provider nor the pregnant woman shall be subject
to any penalty under this title if the pregnant woman declines to look
at the displayed ultrasound images.
``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES.
``(a) Exception.--The provisions of section 3402 shall not apply to
an abortion provider if the abortion is necessary to save the life of a
mother whose life is endangered by a physical disorder, physical
illness, or physical injury, including a life-endangering physical
condition caused by or arising from the pregnancy itself.
``(b) Certification.--Upon a determination by an abortion provider
under subsection (a) that an abortion is necessary to save the life of
a mother, such provider shall include in the medical file of the
pregnant woman a truthful and accurate certification of the specific
medical circumstances that support such determination.
``SEC. 3404. PENALTIES FOR FAILURE TO COMPLY.
``(a) Civil Penalties.--
``(1) In general.--The Attorney General may commence a
civil action in Federal court under this section against any
abortion provider who knowingly commits an act constituting a
violation of this title for a penalty in an amount not to
exceed--
``(A) $100,000 for each such violation that is
adjudicated in the first proceeding against such
provider under this title; and
``(B) $250,000 for each violation of this title
that is adjudicated in a subsequent proceeding against
such provider under this title.
``(2) Notification.--Upon the assessment of a civil penalty
under paragraph (1), the Attorney General shall notify the
appropriate State medical licensing authority.
``(b) Private Right of Action.--A woman upon whom an abortion has
been performed in violation of this title may commence a civil action
against the abortion provider for any violation of this title for
actual and punitive damages. For purposes of the preceding sentence,
actual damages are objectively verifiable money damages for all
injuries.''.
SEC. 3. PREEMPTION.
Nothing in this Act or the amendments made by this Act shall be
construed to preempt any provision of State law to the extent that such
State law establishes, implements, or continues in effect disclosure
requirements regarding abortion or penalties for failure to comply with
such requirements that are more extensive than those provided under the
amendment made by this Act.
SEC. 4. SEVERABILITY.
If any provision of this Act, or any application thereof, is found
to be unconstitutional, the remainder of this Act and any application
thereof shall not be affected by such finding. | Ultrasound Informed Consent Act Amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion, to perform an obstetric ultrasound on the pregnant woman, provide a simultaneous explanation of what the ultrasound is depicting, display the ultrasound images so the woman may view them, and provide a complete medical description of the images, including the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable. Prohibits construing this Act to require a woman to view the images or penalizing the provider or the woman if she declines to look at the images. Exempts an abortion provider if the abortion is necessary to save the life of a woman whose life is endangered by a physical condition. Requires the provider to include in the woman's medical file a certification of the specific medical circumstances that support this determination. Authorizes the Attorney General to commence a civil action in federal court against any abortion provider who knowingly violates this Act. Prescribes penalties. Directs the Attorney General to notify the appropriate state medical licensing authority of penalties assessed. Authorizes a woman upon whom an abortion has been performed in violation of this Act to commence a civil action against the provider for actual and punitive damages. | {"src": "billsum_train", "title": "Ultrasound Informed Consent Act"} | 1,273 | 301 | 0.549228 | 1.506109 | 0.704901 | 4.615385 | 4.603239 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Ireland Peace and
Reconciliation Support Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has been effectively engaged in the
Northern Ireland peace process through both participating in
negotiations and contributing to the economic development of
Northern Ireland and border areas of the Republic of Ireland
that are affected by the conflict in Northern Ireland.
(2) The Government of Ireland, the Irish people, the
Government of the United Kingdom, and the British people are
longstanding friends of the United States Government and the
people of the United States.
(3) In 1986, the United States, in support of the Agreement
Between the Government of Ireland and the Government of the
United Kingdom dated November 15, 1985 (``Anglo-Irish
Agreement''), established the International Fund for Ireland
(``International Fund'') to help bolster economic development
and support programs that would foster peace and reconciliation
in Northern Ireland and the affected border areas of the
Republic of Ireland.
(4) The United States has been a generous and faithful
donor to the International Fund, contributing more than
$386,000,000 to help improve relations between Catholics and
Protestants in Northern Ireland through the creation of
thousands of jobs and the development of business opportunities
that allow Catholics and Protestants to work together.
(5) More than 80 percent of the International Fund's
investments have been in disadvantaged areas. Programs funded
by the investments offer work experience and important job
training programs to disadvantaged and unemployed youth through
the economic, social, and physical regeneration of such areas.
(6) The International Fund has also developed a series of
community-building programs promoting greater dialogue and
understanding between Catholics and Protestants and leadership
programs designed to develop a new generation of leaders in
Northern Ireland to bring about a more peaceful and prosperous
future in the region.
(7) Section 2(b) of the Anglo-Irish Agreement Support Act
of 1986 (Public Law 99-415; 100 Stat. 947), states that the
purpose of the United States contributions to the International
Fund is to support the promotion of ``reconciliation in
Northern Ireland and the establishment of a society in Northern
Ireland in which all may live in peace, free from
discrimination, terrorism, and intolerance, and with the
opportunity for both communities to participate fully in the
structures and processes of government''.
(8) United States assistance to the International Fund has
contributed greatly to the economic development of Northern
Ireland and to accomplishing the objectives of the Anglo-Irish
Agreement Support Act of 1986, economic development and
reconciliation, which are critical to achieving a just and
lasting peace in the region, especially in the economically
depressed areas of Northern Ireland.
(9) The Agreement Reached in the Multi-Party Negotiations
in Belfast on April 10, 1998 (the ``Good Friday Agreement'')
created the Northern Ireland Executive Assembly and Executive
Committee and provided for a ``democratically elected Assembly
in Northern Ireland which is inclusive in its membership,
capable of exercising executive and legislative authority, and
subject to safeguards to protect the rights and interests of
all sides of the community''.
(10) The Good Friday Agreement also called for police
reform and establishment of a ``new beginning'' in policing in
Northern Ireland with an effective, accountable, and fair
police service capable of attracting and sustaining support
from the community as a whole, capable of maintaining law
and order, and based on principles of protection of human rights.
(11) In 1999, the Independent Commission on Policing in
Northern Ireland, a commission required by the Good Friday
Agreement, made 175 recommendations for policing reform in
Northern Ireland, some of which have been implemented.
(12) In 2002, the Department of State issued a report
required by section 701(d) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116
Stat. 1419), entitled ``Report on Policing Reform and Human
Rights in Northern Ireland''. The report concluded that a new
police training facility and an increase in funding for police
training programs were critically needed in Northern Ireland.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) although there has been positive economic development
in both the Republic of Ireland and Northern Ireland, the
United States should continue to contribute to the
International Fund to support much needed programs in
economically depressed areas of Northern Ireland as such
programs remain very important to accomplishing the objectives
of the Anglo-Irish Agreement Support Act of 1986;
(2) the United States should support an expansion of
reconciliation projects funded by the International Fund as a
way to promote peace and economic stability in Northern
Ireland; and
(3) as policing reform is a significant part of winning
public confidence and acceptance of the new form of government
in Northern Ireland, the International Fund should support
programs to enhance relations between communities and between
the police officers and the communities served by such
officers, promote human rights training for police officers,
and enhance peaceful mediation in neighborhoods of continued
conflict.
SEC. 4. PURPOSES OF THE ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986.
Section 2(b) of the Anglo-Irish Agreement Support Act of 1986
(Public Law 99-415; 100 Stat. 947) is amended to read as follows:
``(b) Purposes.--
``(1) Purpose of this act.--The purpose of this Act is to
provide for United States contributions in support of the
Anglo-Irish Agreement, such contributions to consist of
economic support fund assistance for payment to the
International Fund established pursuant to the Anglo-Irish
Agreement, as well other assistance to serve as an incentive
for economic development and reconciliation in Ireland and
Northern Ireland.
``(2) Purpose of united states contributions to the
international fund.--The purpose of United States contributions
to the International Fund is to support the Anglo-Irish
Agreement in promoting reconciliation in Northern Ireland and
the establishment of a society in Northern Ireland in which all
may live in peace, free from discrimination, terrorism, and
intolerance, and with the opportunity for both communities to
participate fully in the structures and processes of
government, including through the support of the programs
described in section 3(b).''.
SEC. 5. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND UNDER THE
ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986.
The text of section 3 of the Anglo-Irish Agreement Support Act of
1986 (Public Law 99-415; 100 Stat. 947) is amended to read as follows:
``(a) In General.--
``(1) Authorization of appropriations.--Of the amounts made
available for fiscal years 2004 and 2005 to carry out chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346 et seq.) there are authorized to be appropriated
$25,000,000 for each such fiscal year for United States
contributions to the International Fund.
``(2) Availability of funds authorized.--Amounts authorized
to be appropriated under paragraph (1) may remain available
until expended.
``(b) Specific Programs.--
``(1) Police-community relations.--United States
contributions to the International Fund may be used to fund
programs to enhance relations between communities and between
police officers and the communities served by such officers, to
promote human rights training for police officers, to enhance
peaceful mediation in neighborhoods of continued conflict, and
to promote training programs to enhance the new district
partnership police boards recommended by the Commission into
Policing for Northern Ireland established by the Agreement
Reached in the Multi-Party Negotiations in Belfast on April 10,
1998.
``(2) Sense of congress.--It is the sense of Congress that
not less than 20 percent of the amount authorized to be
appropriated for each of fiscal years 2004 and 2005 under this
subsection should be used to fund the programs described in
paragraph (1).''.
SEC. 6. CONTENT OF ANNUAL REPORT.
Section 6(1) of the Anglo-Irish Agreement Support Act of 1986
(Public Law 99-415; 100 Stat. 949) is amended by inserting before the
semicolon at the end the following: ``, including specifically through
improving local community relations and relations between the police
officers and the people served by such officers''. | Northern Ireland Peace and Reconciliation Support Act of 2003 - Declares the sense of Congress that: (1) the United States should continue to contribute to the International Fund for Ireland to support much needed programs in economically depressed areas of Northern Ireland as such programs remain very important to accomplishing the objectives of the Anglo-Irish Agreement Support Act of 1986; (2) the United States should support an expansion of reconciliation projects funded by the International Fund as a way to promote peace and economic stability in Northern Ireland; and (3) the International Fund should support programs such as those mentioned by this Act.
Amends the Anglo-Irish Agreement Support Act of 1986 to authorize certain appropriations for FY 2004 and 2005 for U.S. contributions to the Fund. Authorizes the use of such contributions to fund programs to: (1) enhance relations between communities and between police officers and the communities served by such officers; (2) promote human rights training for police officers; (3) enhance peaceful mediation in neighborhoods of continued conflict; and (4) promote training programs to enhance the new district partnership police boards recommended by the Commission into Policing for Northern Ireland established by the Agreement Reached in the Multi-Party Negotiations in Belfast on April 10, 1998 (Good Friday Agreement).
Declares the sense of Congress that at least 20 percent of such authorized appropriations for each such fiscal year should be used to carry out such programs. | {"src": "billsum_train", "title": "A bill to authorize appropriations for fiscal years 2004 and 2005 for United States contributions to the International Fund for Ireland, and for other purposes."} | 1,794 | 288 | 0.609123 | 2.028628 | 0.804588 | 5.963235 | 6.393382 | 0.948529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trinity County Land Exchange Act of
2014''.
SEC. 2. LAND EXCHANGE, TRINITY PUBLIC UTILITIES DISTRICT, TRINITY
COUNTY, CALIFORNIA, THE BUREAU OF LAND MANAGEMENT, AND
THE FOREST SERVICE.
(a) Land Exchange Required.--If not later than 3 years after
enactment of this Act, the Utilities District conveys to the Secretary
of the Interior all right, title, and interest of the Utilities
District in and to Parcel A, subject to such terms and conditions as
the Secretary of the Interior may require, the Secretary of Agriculture
shall convey Parcel B to the Utilities District, subject to such terms
and conditions as the Secretary of Agriculture may require, including
the reservation of easements for all roads and trails considered to be
necessary for administrative purposes and to ensure public access to
National Forest System lands.
(b) Availability of Maps and Legal Descriptions.--Maps are entitled
``Trinity County Land Exchange Act of 2014 - Parcel A'' and ``Trinity
County Land Exchange Act of 2014 - Parcel B'', both dated March 24,
2014. The maps shall be on file and available for public inspection in
the Office of the Chief of the Forest Service and the appropriate
office of the Bureau of Land Management. With the agreement of the
parties to the conveyances under subsection (a), the Secretary of the
Interior and the Secretary of Agriculture may make technical
corrections to the maps and legal descriptions.
(c) Equal Value Exchange.--
(1) Land exchange process.--The land exchange under this
section shall be an equal value exchange. Except as provided in
paragraph (3), the Secretary of the Interior and the Secretary
of Agriculture shall carry out the land exchange in accordance
with section 206 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716).
(2) Appraisal of parcels.--The values of Parcel A and
Parcel B shall by determined by appraisals performed by a
qualified appraiser mutually agreed to by the parties to the
conveyances under subsection (a). The appraisals shall be
approved by the Secretary of Interior and the Secretary of
Agriculture and conducted in conformity with the Uniform
Appraisal Standards for Federal Land.
(3) Cash equalization.--If the values of Parcel A and
Parcel B are not equal, the values may be equalized through the
use of a cash equalization payment, however, if the final
appraised value of Parcel A exceeds the value of Parcel B, the
surplus value of Parcel A shall be considered to be a donation
by the Utilities District. Notwithstanding section 206(b) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), a cash equalization payment may be made in excess of
25 percent of the appraised value of the Parcel B.
(d) Disposition of Proceeds.--
(1) In general.--Any cash equalization payment received by
the United States under subsection (c) shall be deposited in
the fund established under Public Law 90-171 (16 U.S.C. 484a;
commonly known as the Sisk Act).
(2) Use of proceeds.--Amounts deposited under paragraph (1)
shall be available to the Secretary of Agriculture, without
further appropriation and until expended, for the improvement,
maintenance, reconstruction, or construction of a facility or
improvement for the National Forest System.
(e) Survey.--The exact acreage and legal description of Parcel A
and Parcel B shall be determined by a survey satisfactory to the
Secretary of the Interior and the Secretary of Agriculture.
(f) Costs.--As a condition of the land exchange under subsection
(a), the Utilities District shall pay the costs associated with--
(1) the surveys described in subsection (e);
(2) the appraisals described in subsection (c)(2); and
(3) any other reasonable administrative or remediation cost
determined by the Secretary of Agriculture.
(g) Management of Acquired Land.--Upon the acquisition of Parcel A,
the Secretary of the Interior, acting through the Redding Field Office
of the Bureau of Land Management, shall administer Parcel A as public
land in accordance with the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) and the laws and regulations applicable
to public land administered by the Bureau of Land Management, except
that public recreation and public access to and for recreation shall be
the highest and best use of Parcel A.
(h) Completion of Land Exchange.--Once the Utilities District
offers to convey Parcel A to the Secretary of the Interior, the
Secretary of Agriculture shall complete the conveyance of Parcel B not
later than 1 year after the date of enactment of this Act.
(i) Definitions.--For the purposes of this section:
(1) Parcel A.--The term ``Parcel A'' means the
approximately 47 acres of land, known as the ``Sky Ranch
parcel'', adjacent to public land administered by the Redding
Field Office of the Bureau of Land Management as depicted on
the map entitled ``Trinity County Land Exchange Act of 2014 -
Parcel A'', dated March 24, 2014, more particularly described
as a portion of Mineral Survey 178, south Highway 299,
generally located in the S1/2 of the S1/2 of Section 7 and the
N1/2 of the N1/2 of Section 8, Township 33 North, Range 10
West, Mount Diablo Meridian.
(2) Parcel B.--The term ``Parcel B'' means the
approximately 100 acres land in the Shasta-Trinity National
Forest in the State of California near the Weaverville Airport
in Trinity County as depicted on the map entitled ``Trinity
County Land Exchange Act of 2014 - Parcel B'' dated March 24,
2014, more particularly described as Lot 8, SW1/4 SE1/4, and
S1/2 N1/2 SE, Section 31, Township 34 North, Range 9 West,
Mount Diablo Meridian.
(3) Utilities district.--The term ``Utilities District''
means the Trinity Public Utilities District of Trinity County,
California.
Passed the House of Representatives November 13, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Trinity County Land Exchange Act of 2014 - Provides for the exchange of approximately 47 acres of land known as the Sky Ranch Parcel and owned by the Trinity Public Utilities District of Trinity County, California, for approximately 100 acres of land in the Shasta-Trinity National Forest near the Weaverville Airport in Trinity County. Intends for such land exchange to be an equal value exchange. Provides for cash equalization if the parcels are not of equal value. Requires any cash equalization payment received under this Act to be deposited into the fund established under the Sisk Act and the deposited amounts to be used for the improvement, maintenance, reconstruction, or construction of a facility or improvement for the National Forest System. Requires the Bureau of Land Management (BLM) to administer the Sky Ranch parcel as public land, except that public recreation and public access to and for recreation shall be the highest and best use of such parcel. | {"src": "billsum_train", "title": "Trinity County Land Exchange Act of 2014"} | 1,412 | 205 | 0.556019 | 1.824811 | 0.681731 | 4.352273 | 7 | 0.920455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Service Study Act of
2012''.
SEC. 2. SPECIAL RESOURCE STUDIES.
(a) Study.--The Secretary of the Interior (referred to in this Act
as the ``Secretary'') shall conduct special resource studies of--
(1) the Kau Coast, on the island of Hawaii;
(2) on request of the Government of the Commonwealth of the
Northern Mariana Islands, the island of Rota in the
Commonwealth of the Northern Mariana Islands;
(3)(A) sites in the State of Alaska associated with the
forced abandonment of the Aleut villages of Makushin, Kashega,
and Biorka around Unalaska Island, and Attu on Attu Island
during World War II; and
(B) the 5 relocation sites in the State of Alaska at Funter
Bay, Burnett Inlet, Killisnoo, Ward Lake, and the Wrangell
Institute;
(4) World War II Japanese American Relocation Center sites,
including--
(A) Gila River and Poston sites in the State of
Arizona;
(B) Grenada in the State of Colorado;
(C) Heart Mountain in the State of Wyoming;
(D) Jerome and Rohwer sites in the State of
Arkansas; and
(E) Topaz in the State of Utah;
(5) American Latino Sites in the San Luis Valley and
Central Sangre de Cristo Mountains in the States of Colorado
and New Mexico;
(6) the town of Goldfield and outlying mining sites in the
State of Nevada;
(7) the Hudson River Valley in the State of New York;
(8) the Norman Studios in Jacksonville, Florida, at which
African-American casts and crews were used in the production of
silent films;
(9) the Mobile-Tensaw River Delta in the State of Alabama;
and
(10) Galveston Bay in the State of Texas.
(b) Contents.--In conducting the studies under subsection (a), the
Secretary shall--
(1) evaluate the national significance of--
(A) the sites; and
(B) the areas surrounding the sites;
(2) determine the suitability and feasibility of
designating 1 or more of the sites as units of the National
Park System;
(3) consider other alternatives for preservation,
protection, and interpretation of the sites by the Federal,
State or local governmental entities or private and nonprofit
organizations;
(4) consult with interested Federal, State, or local
governmental entities, private and nonprofit organizations, or
any other interested individuals; and
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives considered under paragraph
(3).
(c) Applicable Law.--The studies required under subsection (a)
shall be conducted in accordance with section 8 of the National Park
System General Authorities Act (16 U.S.C. 1a-5).
SEC. 3. SPECIAL RESOURCE STUDY UPDATES.
(a) Studies.--The Secretary shall update the following studies:
(1) The study authorized by section 326(b)(3)(N) of the
National Park Service Studies Act of 1999 (as enacted in title
III of Appendix C of Public Law 106-113; 113 Stat. 1501A-195)
relating to World War II Sites, Republic of Palau.
(2) The 1979 study entitled ``Vermejo Ranch, New Mexico/
Colorado: Study of Management Options''.
(b) Contents.--In updating the studies under subsection (a), the
Secretary shall--
(1) determine whether conditions have changed to justify
designation of the site as a unit of the National Park System;
(2) consider other alternatives for preservation,
protection, and interpretation of the site by Federal, State,
or local governmental entities or private and nonprofit
organizations;
(3) consult with other interested Federal, State, or local
governmental entities, private and nonprofit organizations, or
any other interested individuals; and
(4) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives considered under paragraph
(2).
SEC. 4. BUFFALO SOLDIERS IN THE NATIONAL PARKS STUDY.
(a) Study.--The Secretary shall conduct a study of alternatives for
commemorating and interpreting the role of the Buffalo Soldiers in the
early years of the National Parks.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall--
(1) complete a historical assessment of the Buffalo
Soldiers that served in National Parks in the years before the
establishment of the National Park Service;
(2) evaluate the suitability and feasibility of
establishing a national historic trail commemorating the route
traveled by the Buffalo Soldiers from the post of the Buffalo
Soldiers in the Presidio of San Francisco to Sequoia and
Yosemite National Parks and any other National Parks at which
the Buffalo Soldiers may have served;
(3) identify properties relating to the Buffalo Soldiers
that could satisfy--
(A) the criteria for listing in the National
Register of Historic Places; or
(B) the criteria for designation as a National
Historic Landmark; and
(4) evaluate appropriate ways to enhance historical
research, education, interpretation, and public awareness of
the story of the stewardship role of the Buffalo Soldiers in
the National Parks, including ways to link the story to the
development of National Parks and the story of African-American
military service following the Civil War.
SEC. 5. RECONSTRUCTION IN THE SOUTH STUDY THEME STUDY.
(a) Study.--The Secretary shall conduct a national historic
landmark theme study (referred to in this section as the ``theme
study'') to identify sites and resources in the southern United States
that are significant to the Reconstruction era.
(b) Contents.--The theme study shall include recommendations for
commemorating and interpreting sites and resources identified by the
theme study, including recommendations for--
(1) sites for which new national historic landmarks should
be nominated; and
(2) sites for which further study for potential inclusion
in the National Park System is needed.
SEC. 6. CHATTAHOOCHEE RIVER BOUNDARY EXPANSION STUDY.
(a) Study.--The Secretary shall conduct a study to determine the
suitability and feasibility of including in the boundary of the
Chattahoochee River National Recreation Area (referred to in this
section as the ``recreation area'') approximately 45 miles of the
Chattahoochee River and land along the river corridor from the southern
boundary of the recreation area south to the junction of Coweta, Heard,
and Carroll Counties (referred to in this section as the ``study
area'').
(b) Contents.--The study authorized under this section shall
include an analysis of--
(1) significant resources or opportunities for public
enjoyment within the study area relating to the purposes of the
recreation area;
(2) operational and management issues that need to be
considered if the study area is included within the recreation
area;
(3) protection of resources within the study area critical
to fulfilling the purposes of the recreation area;
(4) the feasibility of administering the study area as part
of the recreation area, taking into account--
(A) the size, configuration, and ownership of the
study area;
(B) costs relating to the administration of the
study area; and
(C) any other factors that the Secretary determines
to be appropriate; and
(5) the adequacy of other alternatives for management and
protection of resources within the study area.
SEC. 7. REPORT.
Not later than 3 years after the date on which funds are first made
available for each study authorized under this Act, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that describes--
(1) the results of the applicable study; and
(2) any conclusions and recommendations of the Secretary
with respect to the area studied.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | National Park Service Study Act of 2012 - Directs the Secretary of the Interior to conduct special resource studies of: (1) the Kau coast, on the island of Hawaii; (2) on request, the island of Rota in the Commonwealth of the Northern Mariana Islands; (3) sites in Alaska associated with the forced abandonment of the Aleut villages of Makushin, Kashega, and Biorka around Unalaska Island and Attu on Attu Island during World War II; (4) the five relocation sites in Alaska at Funter Bay, Burnett Inlet, Killisnoo, Ward Lake and the Wrangell Institute; (5) specified World War II Japanese American Relocation Center sites; (6) American Latino sites in the San Luis Valley and Central Sangre de Cristo Mountains in Colorado and New Mexico; (7) the town of Goldfield and outlying mining sites in Nevada; (8) the Hudson River Valley in New York; (9) the Norman Studios in Jacksonville, Florida, at which African-American casts and crews were used in the production of silent films; (10) the Mobile-Tensaw River Delta in Alabama; and (11) Galveston Bay in Texas.
Requires updates of: (1) the study authorized by the National Park Service Studies Act of 1999 relating to World War II sites, Republic of Palau; and (2) the 1979 study entitled "Vermejo Ranch, New Mexico/Colorado: Study of Management Options."
Directs the Secretary to: (1) study alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the National Parks, (2) conduct a national historic landmark theme study to identify sites and resources in the southern United States that are significant to the Reconstruction era, and (3) study the feasibility of including 45 miles of the Chattahoochee River and land along the river corridor within the boundary of the Chattahoochee River National Recreation Area located in Georgia. | {"src": "billsum_train", "title": "A bill to authorize studies of certain areas for possible inclusion in the National Park System, and for other purposes."} | 1,759 | 419 | 0.792963 | 3.164486 | 0.76 | 5.913279 | 4.490515 | 0.97019 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beaches Environmental Assessment,
Closure, and Health Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Nation's beaches are a valuable public resource
used for recreation by millions of people annually;
(2) the beaches of coastal States are hosts to many out-of-
State and international visitors;
(3) tourism in the coastal zone generates billions of
dollars annually;
(4) increased population has contributed to the decline in
the environmental quality of coastal waters;
(5) pollution in coastal waters is not restricted by State
and other political boundaries;
(6) each coastal State has its own method of testing the
quality of its coastal recreation waters, providing varying
degrees of protection to the public; and
(7) the adoption of standards by coastal States for
monitoring the quality of coastal recreation waters, and the
posting of signs at beaches notifying the public during periods
when the standards are exceeded, would enhance public health
and safety.
(b) Purpose.--The purpose of this Act is to require uniform
procedures for beach testing and monitoring to protect public safety
and improve the environmental quality of coastal recreation waters.
SEC. 3. WATER QUALITY CRITERIA AND STANDARDS.
(a) Issuance of Criteria.--Section 304(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at the
end the following:
``(9) Coastal recreation waters.--(A) The Administrator,
after consultation with appropriate Federal and State agencies
and other interested persons, shall issue within 18 months
after the effective date of this paragraph (and review and
revise from time to time thereafter) water quality criteria for
pathogens in coastal recreation waters. Such criteria shall--
``(i) be based on the best available scientific
information;
``(ii) be sufficient to protect public health and
safety in case of any reasonably anticipated exposure
to pollutants as a result of swimming, bathing, or
other body contact activities; and
``(iii) include specific numeric criteria
calculated to reflect public health risks from short-
term increases in pathogens in coastal recreation
waters resulting from rainfall, malfunctions of
wastewater treatment works, and other causes.
``(B) For purposes of this paragraph, the term `coastal
recreation waters' means Great Lakes and marine coastal waters
commonly used by the public for swimming, bathing, or other
similar primary contact purposes.''.
(b) Standards.--
(1) Adoption by states.--A State shall adopt water quality
standards for coastal recreation waters which, at a minimum,
are consistent with the criteria published by the Administrator
under section 304(a)(9) of the Federal Water Pollution Control
Act (33 U.S.C. 1314(a)(9)), as amended by this Act, not later
than 3 years following the date of such publication. Such water
quality standards shall be developed in accordance with the
requirements of section 303(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(c)). A State shall incorporate such
standards into all appropriate programs into which such State
would incorporate water quality standards adopted under section
303(c) of the Federal Water Pollution Control Act (33 U.S.C.
1313(c)).
(2) Failure of states to adopt.--If a State has not
complied with paragraph (1) by the last day of the 3-year
period beginning on the date of publication of criteria under
section 304(a)(9) of the Federal Water Pollution Control Act
(33 U.S.C. 1314(a)(9)), as amended by this Act, the
Administrator shall promulgate water quality standards for
coastal recreation waters for the State under applicable
provisions of section 303 of the Federal Water Pollution
Control Act (33 U.S.C. 1313). The water quality standards for
coastal recreation waters shall be consistent with the criteria
published by the Administrator under section 304(a)(9) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)), as
amended by this Act. The State shall use the standards issued
by the Administrator in implementing all programs for which
water quality standards for coastal recreation waters are used.
SEC. 4. COASTAL BEACH WATER QUALITY MONITORING.
Title IV of the Federal Water Pollution Control Act (33 U.S.C.
1341-1345) is amended by adding at the end thereof the following new
section:
``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING.
``(a) Monitoring.--Not later than 9 months after the date on which
the Administrator publishes revised water quality criteria for coastal
recreation waters under section 304(a)(9), the Administrator shall
publish regulations specifying methods to be used by States to monitor
coastal recreation waters, during periods of use by the public, for
compliance with applicable water quality standards for those waters and
protection of the public safety. Monitoring requirements established
pursuant to this subsection shall, at a minimum--
``(1) specify the frequency of monitoring based on the
periods of recreational use of such waters;
``(2) specify the frequency of monitoring based on the
extent and degree of use during such periods;
``(3) specify the frequency of monitoring based on the
proximity of coastal recreation waters to pollution sources;
``(4) specify methods for detecting short-term increases in
pathogens in coastal recreation waters; and
``(5) specify the conditions and procedures under which
discrete areas of coastal recreation waters may be exempted by
the Administrator from the monitoring requirements of this
subsection, if the Administrator determines that an exemption
will not impair--
``(A) compliance with the applicable water quality
standards for those waters; and
``(B) protection of the public safety.
``(b) Notification Requirements.--Regulations published pursuant to
subsection (a) shall require States to notify local governments and the
public of violations of applicable water quality standards for State
coastal recreation waters. Notification pursuant to this subsection
shall include, at a minimum--
``(1) prompt communication of the occurrence, nature, and
extent of such a violation, to a designated official of a local
government having jurisdiction over land adjoining the coastal
recreation waters for which a violation is identified; and
``(2) posting of signs, for the period during which the
violation continues, sufficient to give notice to the public of
a violation of an applicable water quality standard for such
waters and the potential risks associated with body contact
recreation in such waters.
``(c) Floatable Materials Monitoring Procedures.--The Administrator
shall--
``(1) issue guidance on uniform assessment and monitoring
procedures for floatable materials in coastal recreation
waters; and
``(2) specify the conditions under which the presence of
floatable material shall constitute a threat to public health
and safety.
``(d) Delegation of Responsibility.--A State may delegate
responsibility for monitoring and posting of coastal recreation waters
pursuant to this section to local government authorities.
``(e) Review and Revision of Regulations.--The Administrator shall
review and revise regulations published pursuant to this section
periodically.
``(f) Definitions.--For the purposes of this section--
``(1) the term `coastal recreation waters' means Great
Lakes and marine coastal waters commonly used by the public for
swimming, bathing, or other similar body contact purposes; and
``(2) the term `floatable materials' means any matter that
may float or remain suspended in the water column and includes
plastic, aluminum cans, wood, bottles, and paper products.''.
SEC. 5. STUDY TO IDENTIFY INDICATORS OF HUMAN-SPECIFIC PATHOGENS IN
COASTAL RECREATION WATERS.
(a) Study.--The Administrator, in cooperation with the Under
Secretary of Commerce for Oceans and Atmosphere, shall conduct an
ongoing study to provide additional information to the current base of
knowledge for use for developing better indicators for directly
detecting in coastal recreation waters the presence of bacteria and
viruses which are harmful to human health.
(b) Report.--Not later than 4 years after the date of the enactment
of this Act, and periodically thereafter, the Administrator shall
submit to the Congress a report describing the findings of the study
under this section, including--
(1) recommendations concerning the need for additional
numerical limits or conditions and other actions needed to
improve the quality of coastal recreation waters;
(2) a description of the amounts and types of floatable
materials in coastal waters and on coastal beaches and of
recent trends in the amounts and types of such floatable
materials; and
(3) an evaluation of State efforts to implement this Act,
including the amendments made by this Act.
SEC. 6. GRANTS TO STATES.
(a) Grants.--The Administrator may make grants to States for use in
fulfilling requirements established pursuant to section 3 and 4.
(b) Cost Sharing.--The total amount of grants to a State under this
section for a fiscal year shall not exceed 50 percent of the cost to
the State of implementing requirements established pursuant to sections
3 and 4.
SEC. 7. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``coastal recreation waters'' means Great
Lakes and marine coastal waters commonly used by the public for
swimming, bathing, or other similar body contact purposes; and
(3) the term ``floatable materials'' means any matter that
may float or remain suspended in the water column and includes
plastic, aluminum cans, wood, bottles, and paper products.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator--
(1) for use in making grants to States under section 6 not
more than $3,000,000 for each of the fiscal years 1994 and
1995; and
(2) for carrying out the other provisions of this Act not
more than $1,000,000 for each of the fiscal years 1994 and
1995. | Beaches Environmental Assessment, Closure, and Health Act of 1993 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to issue water quality criteria for pathogens in coastal recreation waters. Requires States to adopt consistent water quality standards.
Requires the Administrator to publish regulations specifying methods to be used by States to monitor coastal recreation waters, during periods of use by the public, for compliance with standards. Requires notification of local governments and the public of water quality standards violations.
Requires the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in coastal recreation waters; and (2) specify the conditions under which the presence of floatable materials constitutes a threat to public health and safety.
Requires an ongoing study and report to the Congress on developing better indicators for detecting harmful bacteria and viruses in coastal recreation waters.
Authorizes the Administrator to make grants to States to fulfill requirements under this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Beaches Environmental Assessment, Closure, and Health Act of 1993"} | 2,217 | 222 | 0.597746 | 1.545504 | 0.962125 | 4.94359 | 10.497436 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Historic Lighthouse
Preservation Act of 2000''.
SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS.
Title III of the National Historic Preservation Act (16 U.S.C.
470w, 470w-6) is amended by adding at the end the following new
section:
``SEC. 308. HISTORIC LIGHTHOUSE PRESERVATION.
``(a) In General.--In order to provide a national historic light
station program, the Secretary shall--
``(1) collect and disseminate information concerning historic
light stations, including historic lighthouses and associated
structures;
``(2) foster educational programs relating to the history,
practice, and contribution to society of historic light stations;
``(3) sponsor or conduct research and study into the history of
light stations;
``(4) maintain a listing of historic light stations; and
``(5) assess the effectiveness of the program established by
this section regarding the conveyance of historic light stations.
``(b) Conveyance of Historic Light Stations.--
``(1) Process and policy.--Not later than 1 year after the date
of the enactment of this section, the Secretary and the
Administrator shall establish a process and policies for
identifying, and selecting, an eligible entity to which a historic
light station could be conveyed for education, park, recreation,
cultural, or historic preservation purposes, and to monitor the use
of such light station by the eligible entity.
``(2) Application review.--The Secretary shall review all
applications for the conveyance of a historic light station, when
the agency with administrative jurisdiction over the historic light
station has determined the property to be `excess property' as that
term is defined in the Federal Property Administrative Services Act
of 1949 (40 U.S.C. 472(e)), and forward to the Administrator a
single approved application for the conveyance of the historic
light station. When selecting an eligible entity, the Secretary
shall consult with the State Historic Preservation Officer of the
State in which the historic light station is located.
``(3) Conveyance of historic light stations.--(A) Except as
provided in subparagraph (B), the Administrator shall convey, by
quitclaim deed, without consideration, all right, title, and
interest of the United States in and to the historic light station,
subject to the conditions set forth in subsection (c) after the
Secretary's selection of an eligible entity. The conveyance of a
historic light station under this section shall not be subject to
the provisions of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard
Authorization Act of 1998 (Public Law 105-383).
``(B)(i) Historic light stations located within the exterior
boundaries of a unit of the National Park System or a refuge within
the National Wildlife Refuge System shall be conveyed or sold only
with the approval of the Secretary.
``(ii) If the Secretary approves the conveyance of a historic
light station referenced in this paragraph, such conveyance shall
be subject to the conditions set forth in subsection (c) and any
other terms or conditions the Secretary considers necessary to
protect the resources of the park unit or wildlife refuge.
``(iii) If the Secretary approves the sale of a historic light
station referenced in this paragraph, such sale shall be subject to
the conditions set forth in subparagraphs (A) through (D) and (H)
of subsection (c)(1) and subsection (c)(2) and any other terms or
conditions the Secretary considers necessary to protect the
resources of the park unit or wildlife refuge.
``(iv) For those historic light stations referenced in this
paragraph, the Secretary is encouraged to enter into cooperative
agreements with appropriate eligible entities, as provided in this
Act, to the extent such cooperative agreements are consistent with
the Secretary's responsibilities to manage and administer the park
unit or wildlife refuge, as appropriate.
``(c) Terms of Conveyance.--
``(1) In general.--The conveyance of a historic light station
shall be made subject to any conditions, including the reservation
of easements and other rights on behalf of the United States, the
Administrator considers necessary to ensure that--
``(A) the Federal aids to navigation located at the
historic light station in operation on the date of conveyance
remain the personal property of the United States and continue
to be operated and maintained by the United States for as long
as needed for navigational purposes;
``(B) there is reserved to the United States the right to
remove, replace, or install any Federal aid to navigation
located at the historic light station as may be necessary for
navigational purposes;
``(C) the eligible entity to which the historic light
station is conveyed under this section shall not interfere or
allow interference in any manner with any Federal aid to
navigation, nor hinder activities required for the operation
and maintenance of any Federal aid to navigation, without the
express written permission of the head of the agency
responsible for maintaining the Federal aid to navigation;
``(D) the eligible entity to which the historic light
station is conveyed under this section shall, at its own cost
and expense, use and maintain the historic light station in
accordance with this Act, the Secretary of the Interior's
Standards for the Treatment of Historic Properties, 36 CFR part
68, and other applicable laws, and any proposed changes to the
historic light station shall be reviewed and approved by the
Secretary in consultation with the State Historic Preservation
Officer of the State in which the historic light station is
located, for consistency with 36 CFR part 800.5(a)(2)(vii), and
the Secretary of the Interior's Standards for Rehabilitation,
36 CFR part 67.7;
``(E) the eligible entity to which the historic light
station is conveyed under this section shall make the historic
light station available for education, park, recreation,
cultural or historic preservation purposes for the general
public at reasonable times and under reasonable conditions;
``(F) the eligible entity to which the historic light
station is conveyed shall not sell, convey, assign, exchange,
or encumber the historic light station, any part thereof, or
any associated historic artifact conveyed to the eligible
entity in conjunction with the historic light station
conveyance, including but not limited to any lens or lanterns,
unless such sale, conveyance, assignment, exchange or
encumbrance is approved by the Secretary;
``(G) the eligible entity to which the historic light
station is conveyed shall not conduct any commercial activities
at the historic light station, any part thereof, or in
connection with any associated historic artifact conveyed to
the eligible entity in conjunction with the historic light
station conveyance, in any manner, unless such commercial
activities are approved by the Secretary; and
``(H) the United States shall have the right, at any time,
to enter the historic light station conveyed under this section
without notice, for purposes of operating, maintaining, and
inspecting any aid to navigation and for the purpose of
ensuring compliance with this subsection, to the extent that it
is not possible to provide advance notice.
``(2) Maintenance of aid to navigation.--Any eligible entity to
which a historic light station is conveyed under this section shall
not be required to maintain any Federal aid to navigation
associated with a historic light station, except any private aids
to navigation permitted under section 83 of title 14, United States
Code, to the eligible entity.
``(3) Reversion.--In addition to any term or condition
established pursuant to this subsection, the conveyance of a
historic light station shall include a condition that the historic
light station, or any associated historic artifact conveyed to the
eligible entity in conjunction with the historic light station
conveyance, including but not limited to any lens or lanterns, at
the option of the Administrator, shall revert to the United States
and be placed under the administrative control of the
Administrator, if--
``(A) the historic light station, any part thereof, or any
associated historic artifact ceases to be available for
education, park, recreation, cultural, or historic preservation
purposes for the general public at reasonable times and under
reasonable conditions which shall be set forth in the eligible
entity's application;
``(B) the historic light station or any part thereof ceases
to be maintained in a manner that ensures its present or future
use as a site for a Federal aid to navigation;
``(C) the historic light station, any part thereof, or any
associated historic artifact ceases to be maintained in
compliance with this Act, the Secretary of the Interior's
Standards for the Treatment of Historic Properties, 36 CFR part
68, and other applicable laws;
``(D) the eligible entity to which the historic light
station is conveyed, sells, conveys, assigns, exchanges, or
encumbers the historic light station, any part thereof, or any
associated historic artifact, without approval of the
Secretary;
``(E) the eligible entity to which the historic light
station is conveyed, conducts any commercial activities at the
historic light station, any part thereof, or in conjunction
with any associated historic artifact, without approval of the
Secretary; or
``(F) at least 30 days before the reversion, the
Administrator provides written notice to the owner that the
historic light station or any part thereof is needed for
national security purposes.
``(d) Description of Property.--
``(1) In general.--The Administrator shall prepare the legal
description of any historic light station conveyed under this
section. The Administrator, in consultation with the Commandant,
United States Coast Guard, and the Secretary, may retain all right,
title, and interest of the United States in and to any historical
artifact, including any lens or lantern, that is associated with
the historic light station and located at the light station at the
time of conveyance. Wherever possible, such historical artifacts
should be used in interpreting that station. In cases where there
is no method for preserving lenses and other artifacts and
equipment in situ, priority should be given to preservation or
museum entities most closely associated with the station, if they
meet loan requirements.
``(2) Artifacts.--Artifacts associated with, but not located
at, the historic light station at the time of conveyance shall
remain the personal property of the United States under the
administrative control of the Commandant, United States Coast
Guard.
``(3) Covenants.--All conditions placed with the quitclaim deed
of title to the historic light station shall be construed as
covenants running with the land.
``(4) Submerged lands.--No submerged lands shall be conveyed
under this section.
``(e) Definitions.--For purposes of this section:
``(1) Administrator.--The term `Administrator' shall mean the
Administrator of General Services.
``(2) Historic light station.--The term `historic light
station' includes the light tower, lighthouse, keepers dwelling,
garages, storage sheds, oil house, fog signal building, boat house,
barn, pumphouse, tramhouse support structures, piers, walkways,
underlying and appurtenant land and related real property and
improvements associated therewith; provided that the `historic
light station' shall be included in or eligible for inclusion in
the National Register of Historic Places.
``(3) Eligible entity.--The term `eligible entity' shall mean:
``(A) any department or agency of the Federal Government;
or
``(B) any department or agency of the State in which the
historic light station is located, the local government of the
community in which the historic light station is located,
nonprofit corporation, educational agency, or community
development organization that--
``(i) has agreed to comply with the conditions set
forth in subsection (c) and to have such conditions
recorded with the deed of title to the historic light
station; and
``(ii) is financially able to maintain the historic
light station in accordance with the conditions set forth
in subsection (c).
``(4) Federal aid to navigation.--The term `Federal aid to
navigation' shall mean any device, operated and maintained by the
United States, external to a vessel or aircraft, intended to assist
a navigator to determine position or safe course, or to warn of
dangers or obstructions to navigation, and shall include, but not
be limited to, a light, lens, lantern, antenna, sound signal,
camera, sensor, electronic navigation equipment, power source, or
other associated equipment.
``(5) Secretary.--The term `Secretary' means the Secretary of
the Interior.''.
SEC. 3. SALE OF HISTORIC LIGHT STATIONS.
Title III of the National Historic Preservation Act (16 U.S.C.
470w, 470w-6), as amended by section 2 of this Act, is amended by
adding at the end the following new section:
``SEC. 309. HISTORIC LIGHT STATION SALES.
``(a) In General.--In the event no applicants are approved for the
conveyance of a historic light station pursuant to section 308, the
historic light station shall be offered for sale. Terms of such sales
shall be developed by the Administrator of General Services and
consistent with the requirements of section 308, subparagraphs (A)
through (D) and (H) of subsection (c)(1), and subsection (c)(2).
Conveyance documents shall include all necessary covenants to protect
the historical integrity of the historic light station and ensure that
any Federal aid to navigation located at the historic light station is
operated and maintained by the United States for as long as needed for
that purpose.
``(b) Net Sale Proceeds.--Net sale proceeds from the disposal of a
historic light station--
``(1) located on public domain lands shall be transferred to
the National Maritime Heritage Grant Program, established by the
National Maritime Heritage Act of 1994 (Public Law 103-451) within
the Department of the Interior; and
``(2) under the administrative control of the Coast Guard shall
be credited to the Coast Guard's Operating Expenses appropriation
account, and shall be available for obligation and expenditure for
the maintenance of light stations remaining under the
administrative control of the Coast Guard, such funds to remain
available until expended and shall be available in addition to
funds available in the Operating Expense appropriation for this
purpose.''.
SEC. 4. FUNDING.
There are hereby authorized to be appropriated to the Secretary of
the Interior such sums as may be necessary to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary and the Administrator of General Services (Administrator) to establish a process and policy for identifying and selecting an eligible entity for: (1) conveyance of historic light stations for preservation purposes; and (2) monitoring the use of such stations. Prescribes application review and conveyance procedures.
States that the conveyance recipient shall not be required to maintain any Federal aid to navigation associated with a historic light station (except certain statutorily permitted private aids).
Precludes submerged lands from any such conveyance.
Mandates offer for sale of any historic light station for which no applicants for conveyance are approved. Sets forth guidelines under which net sale proceeds shall be distributed to either the National Maritime Heritage Grant Program or the Coast Guard's Operating Expenses appropriation account.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Historic Lighthouse Preservation Act of 2000"} | 3,222 | 176 | 0.575959 | 1.695848 | 0.881324 | 2.886667 | 20.346667 | 0.886667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biogas Production Incentive Act of
2008''.
SEC. 2. CREDIT FOR PRODUCTION OF BIOGAS FROM CERTAIN RENEWABLE
FEEDSTOCK.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 45P the following new section:
``SEC. 45Q. BIOGAS PRODUCED FROM CERTAIN RENEWABLE FEEDSTOCK.
``(a) Amount of Credit.--For purposes of section 38, the qualified
biogas production credit for any taxable year is an amount equal to the
product of--
``(1) $4.27, and
``(2) each million British thermal units (mmBtu) of
biogas--
``(A) produced by the taxpayer--
``(i) from qualified energy feedstock, and
``(ii) at a qualified facility during the
7-year period beginning on the date the
facility was originally placed in service, and
``(B)(i) sold by the taxpayer to an unrelated
person during the taxable year, or
``(ii) used by the taxpayer as a fuel during the
taxable year.
``(b) Definitions.--For purposes of this section--
``(1) Biogas.--The term `biogas' means a gas which--
``(A) is derived by processing a qualified energy
feedstock, and
``(B) contains--
``(i) at least 60 percent methane, and
``(ii) carbon dioxide and trace gases.
``(2) Qualified energy feedstock.--
``(A) In general.--The term `qualified energy
feedstock' means--
``(i) manure of livestock (including any
litter, wood shavings, straw, rice hulls,
bedding material, and other materials
incidentally collected with the manure),
``(ii) any nonhazardous, organic
agricultural or food industry byproduct or
waste material (cellulosic or otherwise)
derived from--
``(I) renewable biomass,
``(II) harvesting residue,
``(III) any waste or byproduct from
fermentation processes, ethanol
production, biodiesel production,
slaughter of livestock, food
production, food processing, or food
service, or
``(IV) other organic wastes,
byproducts, or sources,
``(iii) solid wood waste materials,
including waste pallets, crates, dunnage,
manufacturing and construction wood wastes, and
tree trimmings,
``(iv) agricultural or forestry crops, or
``(v) landfill waste, sewage waste
treatment materials, or other decaying organic
materials.
``(B) Renewable biomass.--The term `renewable
biomass' means materials from pre-commercial thinning
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--
``(I) to reduce or contain disease
or insect infestation, or
``(II) to restore ecosystem health,
``(ii) would not otherwise be used for
higher-value products, and
``(iii) are harvested in accordance with
applicable law and land management plans and
the requirements for--
``(I) 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
``(II) large tree retention of
subsection (f) of that section, or
``(iv) 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
(such as feed grains, other
agricultural commodities, other plants
and trees, and algae), and
``(II) waste material (such as crop
residue, other vegetative waste
material (including wood waste and wood
residues), animal waste and byproducts
(including fats, oils, greases, and
manure), food waste, and yard waste).
``(C) Livestock.--The term `livestock' includes
poultry, cattle, sheep, swine, goats, horses, mules,
and other equines.
``(3) Qualified facility.--The term `qualified facility'
means a facility that--
``(A) uses anaerobic digesters or other biological,
chemical, or thermal processes to convert qualified
energy feedstock into biogas,
``(B) is owned by the taxpayer,
``(C) is located in the United States,
``(D) is originally placed in service after the
date of the enactment of this section and before
January 1, 2018, and
``(E) the biogas output of which is--
``(i) marketed through interconnection with
a gas distribution or transmission pipeline,
``(ii) marketed as a gaseous or liquid fuel
such as hydrogen or natural gas and then used
as a fuel, or
``(iii) reasonably expected to be used in a
quantity sufficient to offset the consumption
of at least 5,000 mmBtu annually of
commercially-marketed fuel derived from coal,
crude oil, natural gas, propane, or other
fossil fuel.
``(c) Special Rules.--For purposes of this section--
``(1) Increased credit for qualified cellulosic energy
feedstock.--
``(A) In general.--In the case of biogas is
produced from qualified cellulosic energy feedstock,
subsection (a) shall be applied by substituting the
dollar amount in effect for the taxable year under
subsection (a)(1) with an amount equal to 125 percent
of such dollar amount.
``(B) Qualified cellulosic energy feedstock.--For
purposes of subparagraph (A), the term `qualified
cellulosic energy feedstock' means an qualified energy
feedstock that is composed of any lignocellulosic or
hemicellulosic matter.
``(2) Production attributable to the taxpayer.--In the case
of a facility in which more than 1 person has an ownership
interest, except to the extent provided in regulations
prescribed by the Secretary, production from the qualified
facility shall be allocated among such persons in proportion to
their respective ownership interests in the gross sales from
such qualified facility.
``(3) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section 52(b).
In the case of a corporation which is a member of an affiliated
group of corporations filing a consolidated return, such
corporation shall be treated as selling biogas to an unrelated
person if such biogas is sold to such a person by another
member of such group.
``(4) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(5) Coordination with credit from producing fuel from a
nonconventional source.--The amount of biogas produced and sold
or used by the taxpayer during any taxable year which is taken
into account under this section shall be reduced by the amount
of biogas produced and sold by the taxpayer in such taxable
year which is taken into account under section 45K.
``(6) Coordination with credit from producing electricity
from renewable resources.--The amount of biogas produced and
sold or used by the taxpayer during any taxable year which is
taken into account under this section shall be reduced by the
amount of biogas produced and sold by the taxpayer in such
taxable year which is taken into account under section 45.
``(7) Credit eligibility in the case of government-owned
facilities.--In the case of any facility producing biogas and
that is owned by a governmental unit, subparagraph (B) of
subsection (b)(3) shall be applied by substituting `is leased
or operated by the taxpayer' for `is owned by the taxpayer'.
``(d) Transferability of Credit.--
``(1) In general.--A taxpayer may transfer the credit under
this section through an assignment to any person. Such transfer
may be revoked only with the consent of the Secretary.
``(2) Regulations.--The Secretary shall prescribe such
regulations as necessary to ensure that any credit transferred
under paragraph (1) is claimed once and not reassigned by such
other person.
``(e) Adjustment Based on Inflation.--
``(1) In general.--The dollar amount under subsection
(a)(1) shall be adjusted by multiplying such amount by the
inflation adjustment factor for the calendar year in which the
sale occurs. If any amount as increased under the preceding
sentence is not a multiple of 1 cent, such amount shall be
rounded to the nearest multiple of 1 cent.
``(2) Computation of inflation adjustment factor.--
``(A) In general.--The Secretary shall, not later
than April 1 of each calendar year, determine and
publish in the Federal Register the inflation
adjustment factor in accordance with this paragraph.
``(B) Inflation adjustment factor.--The term
`inflation adjustment factor' means, with respect to a
calendar year, a fraction the numerator of which is the
GDP implicit price deflator for the preceding calendar
year and the denominator of which is the GDP implicit
price deflator for calendar year 2007. The term `GDP
implicit price deflator' means the most recent revision
of the implicit price deflator for the gross domestic
product as computed and published by the Department of
Commerce before March 15 of the calendar year.''.
(b) Credit Treated as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 is amended by striking ``plus'' at the
end of paragraph (32), by striking the period at the end of paragraph
(33) and inserting ``, plus'', and by adding at the end the following
new paragraph:
``(34) the qualified biogas production credit under section
45Q(a).''.
(c) Credit Allowed Against AMT.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (iii), by striking the period at the end of clause (iv) and
inserting ``, and'', and by adding at the end the following new clause:
``(v) the credit determined under section 45Q.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45Q. Biogas produced from certain renewable feedstock.''.
(e) Effective Date.--The amendments made by this section shall
apply to biogas produced and sold (or used) in taxable years beginning
after the date of the enactment of this Act. | Biogas Production Incentive Act of 2008 - Amends the Internal Revenue Code to allow a business tax credit for the production and sale of biogas. Defines "biogas" as a gas that is derived by processing qualified energy feedstock (i.e., manure of agricultural livestock and other organic agricultural or food industry byproduct waste material) in an anaerobic digester and that contains at least 60% methane and carbon dioxide and trace gases. Provides an increased credit for biogas produced from qualified cellulosic energy feedstock. | {"src": "billsum_train", "title": "To promote biogas production, and for other purposes."} | 2,576 | 124 | 0.597051 | 1.483845 | 0.621901 | 2.417582 | 25.263736 | 0.879121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Furthering Education and Research
through Mantis Improvements Act'' or the ``FERMI Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) One-third of the Nobel Prizes awarded to citizens of
the United States have been won by foreign-born individuals who
became naturalized citizens before or after winning the award,
including Enrico Fermi, who won the Nobel Prize in Physics in
1938, and Albert Einstein, who won the Nobel Prize in Physics
in 1921.
(2) Individuals wishing to come to the United States as
nonimmigrants to study or work temporarily in the life
sciences, physical sciences, or engineering are required to
undergo and pass a security check known as a Visas Mantis,
which is designed to protect against illegal transfers of
sensitive technology. Many of these foreign-born individuals
subsequently become permanent residents and citizens of the
United States.
(3) Nonimmigrant alien students earn a high percentage of
doctoral degrees conferred in the sciences. A National Science
Foundation report in 2002 noted that nonimmigrant aliens
account for 30 percent of doctoral degrees conferred in the
life sciences, 37 percent conferred in the physical sciences,
and 52 percent conferred in engineering.
(4) The United States relies heavily upon nonimmigrant
alien post-doctoral fellows for university teaching and
research. Fifty-six percent of post-doctoral fellows in the
life sciences are nonimmigrant aliens, 67 percent in the
physical sciences are nonimmigrant aliens, 69 percent in
engineering are nonimmigrant aliens.
(5) The Council of Graduate Schools reported in March 2004
that 90 percent of United States graduate schools suffered a
serious decline in applications from nonimmigrant aliens for
the academic year beginning in September 2004. Applications
declined across all fields, but most precipitously in the
fields subject to Visas Mantis security checks.
SEC. 3. IMPROVEMENTS IN THE VISAS MANTIS SECURITY CHECK PROGRAM.
(a) Improved Guidance, Refinement of Technology Alert List, and
Data System Interoperability.--
(1) Improved guidance.--The Secretary of State, in
cooperation with the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, and the
Director of the Office of Science and Technology Policy within
the Executive Office of the President, shall provide consular
officers with improved guidance regarding the operational
structure and requirements of the Visas Mantis security check
program, including information regarding--
(A) the specific conditions under which a security
check should be provided;
(B) the specific information required to be
submitted by the consular officer to the Department of
State to ensure a timely response to a request for a
security check; and
(C) a method for estimating the approximate
processing time for a security check associated with a
particular applicant.
(2) Refinement of technology alert list.--The Secretary of
State, in consultation with the Director of the Office of
Science and Technology Policy, shall provide greater
specificity in the Technology Alert List used under the
Program.
(3) Data system interoperability.--The Secretary of State
and the Director of the Federal Bureau of Investigation shall
make fully interoperable the data systems used under the
Program in order to facilitate the transmission of data between
the Department of State and the Federal Bureau of Investigation
in conducting the Program.
(4) Progress report.--Not later than six months after the
date of the enactment of this Act, the Secretary of State shall
submit to Congress a report that describes progress made in
implementing this subsection.
(b) Period and Revalidation of Security Checks; Multiple Entries
Under Security Checks.--
(1) Three-year validity period.--Except as provided in
paragraph (5), the validity period of a security check
(including a revalidation of a security check) shall be three
years.
(2) Revalidation permitted in the united states.--Except as
provided in paragraph (5), a security check may be revalidated
in the United States on or before the date of the expiration of
the previous check.
(3) Multiple entries permitted.--Except as provided in
paragraph (5), a nonimmigrant visa for which a security check
is required shall be valid for multiple entries in the same
manner in which multiple entries are permitted under such a
visa for which a security check is not required.
(4) Portability of security check across changes in
nonimmigrant classification.--Except as provided in paragraph
(5), a security check issued with respect to an individual
classified within a nonimmigrant classification shall remain
valid with respect to a change of the individual to another
nonimmigrant classification so long as the security check
approved in connection with the first classification is in
substantially the same field as the field involved in the
subsequent classification.
(5) Exception.--Paragraphs (1), (2), (3), and (4) shall not
apply with respect to an applicant for a security check insofar
as the Secretary of State determines that the application of
such paragraph with respect to such applicant is not in the
national security interests of the United States.
(6) Effective dates.--
(A) Validity period and revalidation.--Paragraphs
(1) and (2), and paragraph (5) insofar as it relates to
such paragraphs, shall apply to security checks granted
or revalidated on or after such date (not later than 90
days after the date of the enactment of this Act) as
the Secretary of State shall specify.
(B) Multiple entries.--Paragraph (3), and paragraph
(5) insofar as it relates to such paragraph, shall
apply to visas issued on or after such date (not later
than 90 days after the date of the enactment of this
Act) as the Secretary of State shall specify.
(C) Changes in nonimmigrant classification.--
Paragraph (4), and paragraph (5) insofar as it relates
to such paragraph, shall apply to changes in
nonimmigrant classification occurring on or after such
date (not later than 90 days after the date of the
enactment of this Act) as the Secretary of State shall
specify.
(c) Annual Reports on the Operation of the Program.--The Secretary
of State shall submit to Congress an annual report on the Program. Each
annual report shall include information on--
(1) further progress in implementing subsection (a);
(2) the number of individuals in each nonimmigrant visa
classification (under section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15))) for whom a security
check has been provided, the number of such individuals who
have been approved for a visa after such a check, and the
distribution of such individuals by country of nationality; and
(3) average processing time to complete security checks for
applicants in each such nonimmigrant visa classification for
each country of nationality.
(d) Visas Mantis Security Check Program and Check Defined.--For
purposes of this section:
(1) The terms ``Visas Mantis security check program'' and
``Program'' mean the program that implements the requirements
of section 212(a)(3)(A)(i)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(A)(i)(II)) (relating to
the exclusion of nonimmigrants who may unlawfully export goods,
technology, or sensitive information).
(2) The term ``security check'' means a security clearance
under the Program. | Furthering Education and Research through Mantis Improvements Act or FERMI Act - Requires the Secretary of State to: (1) provide consular officers with improved guidance regarding the operational structure and requirements of the Visas Mantis security check program (which protects against illegal transfers of sensitive technology); and (2) provide greater specificity in the Technology Alert List used under the program. Requires the Secretary and the Director of the Federal Bureau of Investigation to make fully interoperable the data systems used under the program. Directs the Secretary to report to Congress on progress toward implementing these provisions.
Establishes a three-year validity period for Visas Mantis security checks and revalidations. Permits revalidations in the United States. Allows multiple entries on a nonimmigrant visa for which a security check is required. Makes security checks valid across changes in nonimmigrant classifications. Creates an exception for national security concerns as determined by the Secretary.
Requires the Secretary to submit annual reports on the Visas Mantis program to Congress. | {"src": "billsum_train", "title": "To preserve the preeminence of the United States in scientific research by improving the Visas Mantis security check program through a reduction of processing times and improvement in efficiency under such program."} | 1,681 | 233 | 0.558003 | 1.868972 | 0.931047 | 3.869565 | 8.119565 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Gun Homicide
Prevention Act of 2014''.
SEC. 2. GRANT PROGRAM REGARDING FIREARMS.
(a) Grant Program.--
(1) Authority to make grants.--The Director of the Office
of Community Oriented Policing Services of the Department of
Justice may make grants to eligible States to assist the State
in carrying out the policies, procedures, protocols, laws, or
regulations described in subsection (b).
(2) Eligible state.--A State shall be eligible to receive
grants under this subsection on and after the date on which the
Attorney General determines that the State has in effect
policies, procedures, protocols, laws, or regulations described
in subsection (b).
(3) Use of funds.--Funds awarded under this section may be
used by a State to assist law enforcement agencies or the
courts of the State in carrying out the policies, procedures,
protocols, laws, or regulations described in subsection (b).
(4) Application.--An eligible State desiring a grant under
this section shall submit to the Director of the Office of
Community Oriented Policing Services an application at such
time, in such manner, and containing or accompanied by such
information, as the Director may reasonably require.
(b) State Policies and Procedures.--The policies, procedures,
protocols, laws, or regulations described in this subsection are
policies, procedures, protocols, laws, or regulations relating to the
possession or transfer of firearms or ammunition (as those terms are
defined in section 921 of title 18, United States Code) that--
(1) impose restrictions and penalties substantially similar
to or more comprehensive than those described in paragraphs (8)
and (9) of subsection (d) and paragraphs (8) and (9) of
subsection (g) of section 922 of title 18, United States Code;
(2) requires the seizure or surrender of all firearms and
ammunition from an individual--
(A) convicted of any crime for which the
restrictions or penalties described in paragraph (1)
apply; or
(B) against whom any court has issued a protection
order, as defined in section 2266(5) of title 18,
United States Code;
(3) require the State and local courts to consider at the
initial appearance before a magistrate of any individual
arrested for any crime for which the restrictions or penalties
described in paragraph (1) apply, if the individual possesses a
firearm or ammunition that has been or is likely to be used to
threaten, harass, menace, or harm the victim or the victim's
child, or may otherwise pose a danger to the victim or the
victim's child and issue a protection order, as defined in
section 2266(5) of title 18, United States Code, in which the
State or local court shall prohibit the possession of any
firearm or ammunition and require the surrender or seizure of
any firearm or ammunition then possessed;
(4) give State and local law enforcement the authority,
consistent with the Constitution of the United States, to seize
a firearm or ammunition when responding to domestic violence
situations, if there is probable cause to believe--
(A) such firearm or ammunition is contraband or
illegally in the possession of the suspected offender;
and
(B) such firearm or ammunition has been or is
likely to be used to threaten, harass, menace, or harm
the victim or the victim's child, or may otherwise pose
a danger to the victim or the victim's child; and
(5) provide for the safe return of any firearm or
ammunition seized or surrendered as described in paragraph (2),
(3), or (4)--
(A) at such time as--
(i) the restrictions and penalties of
paragraph (1) no longer apply to such
individual;
(ii) the protection order described in
paragraph (2) or (3) is no longer in force
against such individual; or
(iii) the firearm or ammunition described
in paragraph (4) is determined not to be
contraband or illegally in the suspected
offender's possession; and
(B) in a manner that does not endanger the safety
of persons who were the victim of any crime described
in paragraph (1) or suspected crime described in
paragraph (4) or who were the persons protected by the
protection order described in paragraph (2) or (3).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Domestic Violence Gun Homicide Prevention Act of 2014 - Authorizes the Director of the Office of Community Oriented Policing Services of the Department of Justice (DOJ) to make grants to assist eligible states in carrying out policies, procedures, protocols, laws, or regulations relating to the possession or transfer of firearms or ammunition that: impose restrictions and penalties substantially similar to or more comprehensive than those applicable to possession by or transfer to persons subject to a court order for stalking-related offenses against an intimate partner or child or persons convicted of a misdemeanor crime of domestic violence; require the seizure or surrender of all firearms and ammunition from an individual convicted of any crime for which any such restrictions or penalties apply or against whom a court has issued a protection order; require state and local courts to consider, at the initial appearance before a magistrate of any individual arrested for any crime for which such restrictions or penalties apply, if the individual possesses a firearm or ammunition that has been or is likely to be used to threaten, harass, or harm the victim or the victim's child or otherwise pose a danger to them and to issue a protection order prohibitting the possession of any firearm or ammunition and require the surrender or seizure of any firearm or ammunition possessed; give state and local law enforcement the authority to seize a firearm or ammunition when responding to specified domestic violence situations, if there is probable cause to believe such firearm or ammunition is contraband or illegally in the possession of the suspected offender and is likely to be used to threaten, harass, menace, or harm, or to otherwise pose a danger to, the victim or the victim's child; and provide for the safe return of any seized or surrendered firearm or ammunition when such restrictions and penalties no longer apply. | {"src": "billsum_train", "title": "Domestic Violence Gun Homicide Prevention Act of 2014"} | 943 | 390 | 0.625449 | 1.920653 | 0.875242 | 5.486726 | 2.764012 | 0.943953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consular Notification Compliance Act
of 2011''.
SEC. 2. PURPOSE AND STATEMENT OF AUTHORITY.
(a) Purpose.--The purpose of this Act is to facilitate compliance
with Article 36 of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, and any comparable provision of a bilateral
international agreement addressing consular notification and access.
(b) Statement of Authority.--This Act is enacted pursuant to
authority contained in articles I and VI of the Constitution of the
United States.
SEC. 3. CONSULAR NOTIFICATION AND ACCESS.
(a) In General.--As required under, and consistent with, Article 36
of the Vienna Convention on Consular Relations, done at Vienna April
24, 1963, and any comparable provision of a bilateral international
agreement addressing consular notification and access, if an individual
who is not a national of the United States is detained or arrested by
an officer or employee of the Federal Government or a State or local
government, the arresting or detaining officer or employee, or other
appropriate officer or employee of the Federal Government or a State or
local government, shall notify that individual without delay that the
individual may request that the consulate of the foreign state of which
the individual is a national be notified of the detention or arrest.
(b) Notice.--
(1) In general.--The consulate of the foreign state of
which an individual detained or arrested is a national shall be
notified without delay if the individual requests consular
notification under subsection (a), and an appropriate officer
or employee of the Federal Government or a State or local
government shall provide any other consular notification
required by an international agreement.
(2) First appearance.--If an appropriate officer or
employee of the Federal Government or a State or local
government has not notified the consulate described in
paragraph (1) regarding an individual who is detained pending
criminal charges and the individual requests notification or
notification is mandatory under a bilateral international
agreement, notification shall occur not later than the first
appearance of the individual before the court with jurisdiction
over the charge.
(c) Communication and Access.--An officer or employee of the
Federal Government or a State or local government (including an officer
or employee in charge of a facility where an individual who is not a
national of the United States is held following detention or arrest)
shall reasonably ensure that the individual detained or arrested is
able to communicate freely with, and be visited by, officials of the
consulate of the foreign state of which the individual detained or
arrested is a national, consistent with the obligations described in
section 2(a).
(d) No Cause of Action.--Nothing in this section is intended to
create any judicially or administratively enforceable right or benefit,
substantive or procedural, by any party against the United States, its
departments, agencies, or other entities, its officers or employees, or
any other person or entity, including, an officer, employee, or agency
of a State or local government.
SEC. 4. PETITION FOR REVIEW.
(a) In General.--
(1) Jurisdiction.--Notwithstanding any other provision of
law, a Federal court shall have jurisdiction to review the
merits of a petition claiming a violation of Article 36(1) (b)
or (c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or a comparable provision of a bilateral
international agreement addressing consular notification and
access, filed by an individual convicted and sentenced to death
by any Federal or State court before the date of enactment of
this Act.
(2) Date for execution.--If a date for the execution of an
individual described in paragraph (1) has been set, the court
shall grant a stay of execution if necessary to allow the court
to review a petition filed under paragraph (1).
(3) Standard.--To obtain relief, an individual described in
paragraph (1) shall make a showing of actual prejudice to the
criminal conviction or sentence as a result of the violation.
The court may conduct an evidentiary hearing if necessary to
supplement the record and, upon a finding of actual prejudice,
shall order a new trial or sentencing proceeding.
(4) Limitations.--
(A) In general.--A petition for review under this
section shall be filed within 1 year of the later of--
(i) the date of enactment of this Act;
(ii) the date on which the Federal or State
court judgment against the individual described
in paragraph (1) became final by the conclusion
of direct review or the expiration of the time
for seeking such review; or
(iii) the date on which the impediment to
filing a petition created by Federal or State
action in violation of the Constitution or laws
of the United States is removed, if the
individual described in paragraph (1) was
prevented from filing by such Federal or State
action.
(B) Tolling.--The time during which a properly
filed application for State post-conviction or other
collateral review with respect to the pertinent
judgment or claim is pending shall not be counted
toward the 1-year period of limitation.
(5) Habeas petition.--A petition for review under this
section shall be part of the first Federal habeas corpus
application or motion for Federal collateral relief under
chapter 153 of title 28, United States Code, filed by an
individual, except that if an individual filed a Federal habeas
corpus application or motion for Federal collateral relief
before the date of enactment of this Act or if such application
is required to be filed before the date that is 1 year after
the date of enactment of this Act, such petition for review
under this section shall be filed not later than 1 year after
the enactment date or within the period prescribed by paragraph
(4)(A)(iii), whichever is later. No petition filed in
conformity with the requirements of the preceding sentence
shall be considered a second or successive habeas corpus
application or subjected to any bars to relief based on pre-
enactment proceedings other than as specified in paragraph (3).
(6) Appeal.--
(A) In general.--A final order on a petition for
review under paragraph (1) shall be subject to review
on appeal by the court of appeals for the circuit in
which the proceeding is held.
(B) Appeal by petitioner.--An individual described
in paragraph (1) may appeal a final order on a petition
for review under paragraph (1) only if a district or
circuit judge issues a certificate of appealability. A
district judge or circuit judge may issue a certificate
of appealability under this subparagraph if the
individual has made a substantial showing of actual
prejudice to the criminal conviction or sentence of the
individual as a result of a violation of Article 36(1)
of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or a comparable provision of a
bilateral international agreement addressing consular
notification and access.
(b) Violation.--
(1) In general.--An individual not covered by subsection
(a) who is arrested, detained, or held for trial on a charge
that would expose the individual to a capital sentence if
convicted may raise a claim of a violation of Article 36(1)(b)
or (c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or of a comparable provision of a
bilateral international agreement addressing consular
notification and access, at a reasonable time after the
individual becomes aware of the violation, before the court
with jurisdiction over the charge. Upon a finding of such a
violation--
(A) the consulate of the foreign state of which the
individual is a national shall be notified immediately
by the detaining authority, and consular access to the
individual shall be afforded in accordance with the
provisions of the Vienna Convention on Consular
Relations, done at Vienna April 24, 1963, or the
comparable provisions of a bilateral international
agreement addressing consular notification and access;
and
(B) the court--
(i) shall postpone any proceedings to the
extent the court determines necessary to allow
for adequate opportunity for consular access
and assistance; and
(ii) may enter necessary orders to
facilitate consular access and assistance.
(2) Evidentiary hearings.--The court may conduct
evidentiary hearings if necessary to resolve factual issues.
(3) Rule of construction.--Nothing in this subsection shall
be construed to create any additional remedy.
SEC. 5. DEFINITIONS.
In this Act--
(1) the term ``national of the United States'' has the
meaning given that term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
(2) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States. | Consular Notification Compliance Act of 2011 - States that the purpose of this Act is to facilitate compliance with Article 36 of the Vienna Convention on Consular Relations (Convention) and any comparable provision of a bilateral international agreement addressing consular notification and access.
Requires that: (1) an individual who is not a U.S. national who is detained or arrested by a federal, state, or local officer or employee be notified that such individual may request that his or her consulate be notified of the detention or arrest; (2) if so requested, an appropriate official shall notify the consulate; and (3) if the consulate has not been so notified, notification shall occur not later than the individual's first court appearance.
Provides that: (1) a federal court shall have jurisdiction to review a petition claiming a violation of the Convention or a comparable bilateral international agreement addressing consular notification and access filed by an individual convicted and sentenced to death by any federal or state court before the date of enactment of this Act; (2) if an execution date has been set the court shall grant a stay of execution if necessary to allow the court to review a petition; (3) an individual must show actual prejudice to the conviction or sentence resulting from the violation (the court may conduct an evidentiary hearing and, upon a finding of actual prejudice, order a new trial or sentencing proceeding); (4) a petition for review shall be part of the first federal habeas corpus application or motion for federal collateral relief filed by an individual; and (5) a final order on a petition for review shall be subject to appeal if a district or circuit judge issues a certificate of appealability.
Permits an individual who is arrested, detained, or held for trial (but not yet convicted and sentenced) on a charge that would expose the individual to a capital sentence to raise a claim of a violation of the Convention or a comparable provision of a bilateral international agreement addressing consular notification and access, at a reasonable time after the individual becomes aware of the violation, before the court of jurisdiction.
Requires: (1) notification of the appropriate consulate by the detaining authority and consular access to the individual, and (2) the court to postpone any proceedings if necessary to allow for consular access and assistance. Authorizes the court to conduct evidentiary hearings to resolve factual issues. | {"src": "billsum_train", "title": "A bill to facilitate compliance with Article 36 of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and for other purposes."} | 1,966 | 530 | 0.716809 | 2.393974 | 0.785433 | 5.133188 | 3.956332 | 0.954148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Surplus Property Reform Act
of 1995''.
SEC. 2. SPECIAL AUTHORITIES OF SECRETARY OF DEFENSE REGARDING DISPOSAL
OF EXCESS AND SURPLUS PROPERTY.
(a) Support of Counter-Drug Activities.--Section 1208 of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 10 U.S.C. 372 note) is repealed.
(b) Support for Regional Equipment Centers.--
(1) Newport township center.--Section 210 of Public Law
101-302 (104 Stat. 220) is repealed.
(2) Cambria county center.--Section 9148 of Public Law 102-
396 (106 Stat. 1941) is repealed.
(c) Expansion of Limitation on Use of Excess Nonlethal Supplies for
International Assistance Programs.--
(1) Expansion of limitation.--Section 2552 of title 10,
United States Code, is amended to read as follows:
``Sec. 2552. Limitation on use of nonlethal excess supplies from
Department of Defense stocks in foreign assistance,
humanitarian assistance, and military sales programs
``(a) Limitation.--Nonlethal excess supplies from the stocks of the
Department of Defense may be transferred to a foreign country or
international organization pursuant to part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2301 et seq.) or section 21 of the
Arms Export Control Act (22 U.S.C. 2761) or used for humanitarian
relief purposes under section 2547 of this title only if--
``(1) no department or agency of the Federal Government
(other than the Department of Defense), no State, and no other
person or entity eligible to receive excess or surplus property
under the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 472 et seq.) submits to the Administrator of
General Services a request for the nonlethal excess supplies;
or
``(2) the President certifies to Congress that the transfer
is necessary in order to respond to an emergency for which the
nonlethal excess supplies are especially suited.
``(b) Definition.--In this section, the term `nonlethal excess
supplies' means property, other than real property, of the Department
of Defense--
``(1) that is excess property, as defined in regulations of
the Department of Defense; and
``(2) that is not a weapon, ammunition, or other equipment
or material that is designed to inflict serious bodily harm or
death.''.
(2) Conforming amendment.--Section 2547(a) of such title is
amended by striking ``The Secretary of Defense'' and inserting
``Subject to section 2552 of this title, the Secretary of
Defense''.
(3) Clerical amendment.--The table of contents at the
beginning of chapter 152 of such title is amended by striking
the item relating to section 2552 and inserting the following
new item:
``2552. Limitation on use of nonlethal excess supplies from Department
of Defense stocks in foreign assistance,
humanitarian assistance, and military sales
programs.''.
(d) Elimination of General Delegation to Secretary of Defense of
Disposal Authority Over Personal Property.--
(1) National defense authorization act for fiscal year
1995.--Effective as of October 5, 1994, section 2813 of the
National Defense Authorization Act for Fiscal Year 1995 (Public
Law 103-337; 108 Stat. 3054) is amended by striking subsection
(c).
(2) Base closures under 1988 act.--Section 204(b)(1) of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note) is
amended--
(A) in subparagraph (A), by inserting ``, other
than personal property,'' after ``excess property'';
(B) in subparagraph (B), by inserting ``, other
than personal property,'' after ``surplus property'';
and
(C) in subparagraph (C), by inserting before the
period at the end the following: ``, other than such
authority with respect to personal property''.
(3) Base closures under 1990 act.--Section 2905(b)(1) of
the Defense Base Closure and Realignment Act of 1990 (Public
Law 101-510; 10 U.S.C. 2687 note) is amended--
(A) in subparagraph (A), by inserting ``, other
than personal property,'' after ``excess property'';
(B) in subparagraph (B), by inserting ``, other
than personal property,'' after ``surplus property'';
and
(C) in subparagraph (C), by inserting before the
period at the end the following: ``, other than such
authority with respect to personal property''.
SEC. 3. DEPARTMENT OF ENERGY SCIENCE EDUCATION ENHANCEMENT ACT
AMENDMENT.
Section 3166(b) of the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381c(b)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively.
SEC. 4. REPEAL OF AUTHORITY TO TRANSFER SURPLUS PROPERTY TO
DISADVANTAGED SMALL BUSINESS CONCERNS ON PRIORITY BASIS.
Section 7(j)(13)(F) of the Small Business Act (15 U.S.C.
636(j)(13)(F)) is amended--
(1) in the first sentence by striking ``or surplus
property'';
(2) in the second sentence by striking ``or property'';
(3) by striking the third sentence; and
(4) in the fourth sentence by striking ``or property''.
SEC. 5. STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 AMENDMENT.
(a) Repeal.--Section 11(i) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710(i)) is repealed.
(b) Delegation of Authority to Directors of Federal Laboratories.--
Section 203(j) of the Federal Property and Administrative Services act
of 1949 (40 U.S.C. 484(j)) is amended by adding at the end the
following new paragraph:
``(6) Under such regulations as the Administrator may prescribe,
the Administrator may delegate to the director of any Federal
laboratory (as defined in section 12(d)(2) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2))) the
authority of the Administrator under this subsection with respect to
the transfer and disposal of scientific and technical surplus property
under the management or control of that Federal laboratory, if the
director of the Federal laboratory certifies that the equipment is
needed by an educational institution or nonprofit organization for the
conduct of scientific and technical education and research.''. | Federal Surplus Property Reform Act of 1995 - Amends Federal law to repeal the Secretary of Defense's authority to make surplus Department of Defense ("Defense") property available for Federal, State, and local law enforcement in counter-drug activities.
Repeals the mandate for Defense participation in infrastructure improvement demonstration programs conducted by Regional Equipment Centers in Newport Township and Cambria County, Pennsylvania.
Repeals the authority of the Defense Reutilization and Marketing Service to receive requests for the transfer to foreign countries or international organizations in foreign assistance or military sales programs of excess supplies of Defense construction and fire equipment.Authorizes the Administrator of General Services, instead, to receive such requests.
Limits to nonlethal the type of excess supplies that may be transferred. Allows such transfer for humanitarian relief purposes.Requires the President to certify to Congress the emergency necessity for any such transaction.
Amends specified Federal law to repeal the general delegation to the Secretary of Defense of disposal authority over personal property.
Repeals the authority of the Secretary of Energy to transfer surplus equipment to an educational institution with which it has a partnership agreement.
Repeals general authority to transfer surplus property to disadvantaged small businesses.
Amends the Stevenson-Wydler Technology Innovation Act of 1980 to repeal the authority of a Federal agency head or the director of a Federal laboratory to give excess research equipment to an educational institution or nonprofit organization. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of General Services to delegate such transfer authority to the director of a Federal laboratory. | {"src": "billsum_train", "title": "Federal Surplus Property Reform Act of 1995"} | 1,637 | 332 | 0.607048 | 1.98442 | 0.785133 | 1.942568 | 4.547297 | 0.820946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Partner Health Benefits
Equity Act''.
SEC. 2. EXTENSION OF EXCLUSION FOR AMOUNTS RECEIVED BY AN EMPLOYEE
THROUGH ACCIDENT OR HEALTH INSURANCE AS REIMBURSEMENT FOR
EXPENSES FOR MEDICAL CARE.
(a) In General.--Section 105(b) of the Internal Revenue Code of
1986 (relating to amounts expended for medical care) is amended--
(1) by striking ``Except in the case'' and inserting the
following:
``(1) In general.--Except in the case'',
(2) by adding at the end of paragraph (1) as redesignated
in paragraph (1) the following new sentence: ``For the purposes
of this subsection, the term `dependents' shall include any
individual who is an eligible beneficiary as defined in the
employer's accident or health insurance arrangement.'', and
(3) by adding at the end the following new paragraph:
``(2) Applicable percentage of exclusion for certain
amounts.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2004, and before January
1, 2011, the exclusion from income applicable by reason
of the third sentence of paragraph (1) shall be equal
to the applicable percentage of the amount which would
(but for this paragraph) be the amount of such
exclusion.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
``For taxable years beginning in The applicable percentage is--
calendar year--
2005, 2006, or 2007........................... 25
2008, 2009, 2010.............................. 50.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. EXTENSION OF EXCLUSION FOR CONTRIBUTIONS BY EMPLOYER TO
ACCIDENT AND HEALTH PLANS.
(a) In General.--Section 106 of the Internal Revenue Code of 1986
(relating to contributions by employer to accident and health plans) is
amended by adding at the end the following new subsection:
``(d) Coverage Provided for Eligible Beneficiaries of Employees.--
``(1) In general.--Subsection (a) shall not fail to apply
by reason of the coverage of an eligible beneficiary as defined
in the employer's accident or health plan.
``(2) Applicable percentage of exclusion for certain
coverage.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2004, and before January
1, 2011, the exclusion from income applicable by reason
of paragraph (1) shall be equal to the applicable
percentage of the amount which would (but for this
paragraph) be the amount of such exclusion.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
``For taxable years beginning in The applicable percentage is--
calendar year--
2005, 2006, or 2007........................... 25
2008, 2009, 2010.............................. 50.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 4. EXTENSION OF DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-
EMPLOYED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) of the Internal
Revenue Code of 1986 (relating to special rules for health insurance
costs of self-employed individuals) is amended to read as follows:
``(1) Allowance of deduction.--
``(A) In general.--In the case of an individual who
is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this
section an amount equal to the amount paid during the
taxable year for insurance which constitutes medical
care for the taxpayer, his spouse, and dependents. For
the purposes of this subparagraph, the term
`dependents' shall include any individual who is an
eligible beneficiary as defined in the insurance
arrangement which constitutes medical care.
``(B) Applicable percentage of deduction for
certain amounts.--
``(i) In general.--In the case of taxable
years beginning after December 31, 2004, and
before January 1, 2011, the deduction
applicable by reason of the second sentence of
subparagraph (A) shall be equal to the
applicable percentage of the amount which would
(but for this subparagraph) be the amount of
such deduction.
``(ii) Applicable percentage.--For purposes
of clause (i), the applicable percentage shall
be determined in accordance with the following
table:
``For taxable years beginning in The applicable percentage is--
calendar year--
2005, 2006, or 2007........................... 25
2008, 2009, 2010.............................. 50.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2004.
SEC. 5. EXTENSION OF SICK AND ACCIDENT BENEFITS PROVIDED TO MEMBERS OF
A VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION AND THEIR
DEPENDENTS.
(a) In General.--Section 501(c)(9) of the Internal Revenue Code of
1986 (relating to list of exempt organizations) is amended by adding at
the end the following new sentence: ``For purposes of providing for the
payment of sick and accident benefits to members of such an association
and their dependents, the term `dependents' shall include any
individual who is an eligible beneficiary as determined under the terms
of a medical benefit, health insurance, or other program under which
members and their dependents are entitled to sick and accident
benefits.''.
(b) Applicable Percentage of Payment of Certain Sick and Accident
Benefits.--Section 501 of the Internal Revenue Code of 1986 (relating
to exemption from tax on corporations, certain trusts, etc.) is amended
by redesignating subsection (p) as subsection (q) and by inserting
after subsection (o) the following new subsection:
``(p) Applicable Percentage of Payment of Certain Sick and Accident
Benefits.--
``(1) In general.--In the case of taxable years beginning
after December 31, 2004, and before January 1, 2011, the
exemption from tax applicable by reason of the second sentence
of subsection (c)(9) shall be equal to the applicable
percentage of the amount which would (but for this subsection)
be the amount of such exemption.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined in
accordance with the following table:
``For taxable years beginning in The applicable percentage is--
calendar year--
2005, 2006, or 2007........................... 25
2008, 2009, 2010.............................. 50.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 6. AMENDMENTS TO VARIOUS DEFINITIONS.
(a) FICA.--
(1) In general.--Section 3121 of the Internal Revenue Code
of 1986 (relating to definitions) is amended by adding at the
end the following new subsection:
``(z) Exclusion of Certain Amounts From Wages.--
``(1) In general.--For purposes of applying subsection (a)
with respect to expenses described in paragraph (2)(B) of such
subsection, the term `dependents' shall include any individual
who is an eligible beneficiary as defined in the plan or system
established by the employer.
``(2) Applicable percentage of exclusion from wages.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2004, and before January
1, 2011, the exclusion from wages applicable by reason
of paragraph (1) shall be equal to the applicable
percentage of the amount which would (but for this
paragraph) be the amount of such exclusion.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
``For taxable years beginning in The applicable percentage is--
calendar year--
2005, 2006, or 2007........................... 25
2008, 2009, 2010.............................. 50.''.
(2) Conforming amendment.--Section 209 of the Social
Security Act (42 U.S.C. 409) is amended by adding at the end
the following new subsection:
``(l)(1) For purposes of applying subsection (a) with respect to
medical or hospitalization expenses described in paragraph (2) thereof,
the term `dependents' shall include any individual who is an eligible
beneficiary as defined in the plan or system established by the
employer.
``(2)(A) In the case of taxable years beginning after December 31,
2004, and before January 1, 2011, the exclusion from wages applicable
by reason of paragraph (1) shall be equal to the applicable percentage
of the amount which would (but for this paragraph) be the amount of
such exclusion.
``(B) For purposes of subparagraph (A), the applicable percentage
shall be determined in accordance with the following table:
``For taxable years beginning in The applicable percentage is--
calendar year--
2005, 2006, or 2007........................... 25
2008, 2009, 2010.............................. 50.''.
(b) Railroad Retirement.--
(1) In general.--Section 3231(e) of the Internal Revenue
Code of 1986 (defining compensation) is amended by adding at
the end the following new paragraph:
``(11) Treatment of certain dependents.--
``(A) In general.--For purposes of applying this
subsection with respect to medical or hospitalization
expenses described in paragraph (1)(i), the term
`dependents' shall include any individual who is an
eligible beneficiary as defined in the plan or system
established by the employer.
``(B) Applicable percentage of exclusion from
compensation.--
``(i) In general.--In the case of taxable
years beginning after December 31, 2004, and
before January 1, 2011, the exclusion from
compensation applicable by reason of
subparagraph (A) shall be equal to the
applicable percentage of the amount which would
(but for this subparagraph) be the amount of
such exclusion.
``(ii) Applicable percentage.--For purposes
of clause (i), the applicable percentage shall
be determined in accordance with the following
table:
``For taxable years beginning in The applicable percentage is--
calendar year--
2005, 2006, or 2007........................... 25
2008, 2009, 2010.............................. 50.''.
(2) Conforming amendment.--Section 1(h) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231(h)) is amended by adding
at the end the following new paragraph:
``(9)(A) For purposes of applying this subsection, with respect to
medical or hospitalization expenses described in paragraph (6)(v), the
term `dependents' shall include any individual who is an eligible
beneficiary as defined in the plan or system established by the
employer.
``(B)(i) In the case of taxable years beginning after December 31,
2004, and before January 1, 2011, the exclusion from compensation
applicable by reason of subparagraph (A) shall be equal to the
applicable percentage of the amount which would (but for this
subparagraph) be the amount of such exclusion.
``(ii) For purposes of clause (i), the applicable percentage shall
be determined in accordance with the following table:
``For taxable years beginning in The applicable percentage is--
calendar year--
2005, 2006, or 2007........................... 25
2008, 2009, 2010.............................. 50.''.
(c) FUTA.--Section 3306 of the Internal Revenue Code of 1986
(relating to definitions) is amended by adding at the end the following
new subsection:
``(v) Exclusion of Certain Amounts From Wages.--
``(1) In general.--For purposes of applying subsection (b)
with respect to expenses described in paragraph (2)(B) of such
subsection, the term `dependents' shall include any individual
who is an eligible beneficiary as defined in the plan or system
established by the employer.
``(2) Applicable percentage of exclusion from wages.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2004, and before January
1, 2011, the exclusion from wages applicable by reason
of paragraph (1) shall be equal to the applicable
percentage of the amount which would (but for this
paragraph) be the amount of such exclusion.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
``For taxable years beginning in The applicable percentage is--
calendar year--
2005, 2006, or 2007........................... 25
2008, 2009, 2010.............................. 50.''.
(d) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 2004. | Domestic Partner Health Benefits Equity Act - Amends the Internal Revenue Code, with respect to health insurance, to provide for the treatment of domestic partners on an equal basis with spouses by designating as a dependent any individual who is an eligible beneficiary under an employer's health insurance plan. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage to designated plan beneficiaries of employees, and for other purposes."} | 2,942 | 62 | 0.496762 | 1.170689 | 0.851491 | 2.490566 | 50.075472 | 0.867925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scott Campbell, Stephanie Roper,
Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights
Act''.
SEC. 2. CRIME VICTIMS' RIGHTS.
(a) Amendment to Title 18.--Part II of title 18, United States
Code, is amended by adding at the end the following:
``CHAPTER 237--CRIME VICTIMS' RIGHTS
``Sec.
``3771. Crime victims' rights.
``Sec. 3771. Crime victims' rights
``(a) Rights of Crime Victims.--A crime victim has the following
rights:
``(1) The right to be reasonably protected from the
accused.
``(2) The right to reasonable, accurate, and timely notice
of any public proceeding involving the crime or of any release
or escape of the accused.
``(3) The right not to be excluded from any such public
proceeding.
``(4) The right to be reasonably heard at any public
proceeding involving release, plea, or sentencing.
``(5) The right to confer with the attorney for the
Government in the case.
``(6) The right to full and timely restitution as provided
in law.
``(7) The right to proceedings free from unreasonable
delay.
``(8) The right to be treated with fairness and with
respect for the victim's dignity and privacy.
``(b) Rights Afforded.--In any court proceeding involving an
offense against a crime victim, the court shall ensure that the crime
victim is afforded the rights described in subsection (a). The reasons
for any decision denying relief under this chapter shall be clearly
stated on the record.
``(c) Best Efforts to Accord Rights.--
``(1) Government.--Officers and employees of the Department
of Justice and other departments and agencies of the United
States engaged in the detection, investigation, or prosecution
of crime shall make their best efforts to see that crime
victims are notified of, and accorded, the rights described in
subsection (a).
``(2) Conflict.--In the event of any material conflict of
interest between the prosecutor and the crime victim, the
prosecutor shall advise the crime victim of the conflict and
take reasonable steps to direct the crime victim to the
appropriate legal referral, legal assistance, or legal aid
agency.
``(3) Notice.--Notice of release otherwise required
pursuant to this chapter shall not be given if such notice may
endanger the safety of any person.
``(d) Enforcement and Limitations.--
``(1) Rights.--The crime victim, the crime victim's lawful
representative, and the attorney for the Government may assert
the rights established in this chapter. A person accused of the
crime may not obtain any form of relief under this chapter.
``(2) Multiple crime victims.--In a case where the court
finds that the number of crime victims makes it impracticable
to accord all of the crime victims the rights contained in this
chapter, the court shall fashion a procedure to give effect to
this chapter.
``(3) Writ of mandamus.--If a Federal court denies any
right of a crime victim under this chapter or under the Federal
Rules of Criminal Procedure, the Government or the crime victim
may apply for a writ of mandamus to the appropriate court of
appeals. The court of appeals shall take up and decide such
application forthwith and shall order such relief as may be
necessary to protect the crime victim's ability to exercise the
rights.
``(4) Error.--In any appeal in a criminal case, the
Government may assert as error the district court's denial of
any crime victim's right in the proceeding to which the appeal
relates.
``(5) New trial.--In no case shall a failure to afford a
right under this chapter provide grounds for a new trial.
``(6) No cause of action.--Nothing in this chapter shall be
construed to authorize a cause of action for damages.
``(e) Definitions.--For the purposes of this chapter, the term
`crime victim' means a person directly and proximately harmed as a
result of the commission of a Federal offense. In the case of a crime
victim who is under 18 years of age, incompetent, incapacitated, or
deceased, the legal guardians of the crime victim or the
representatives of the crime victim's estate, family members, or any
other persons appointed as suitable by the court, may assume the crime
victim's rights under this chapter, but in no event shall the defendant
be named as such guardian or representative.
``(f) Procedures to Promote Compliance.--
``(1) Regulations.--Not later than 1 year after the date of
enactment of this chapter, the Attorney General of the United
States shall promulgate regulations to enforce the rights of
crime victims and to ensure compliance by responsible officials
with the obligations described in law respecting crime victims.
``(2) Contents.--The regulations promulgated under
paragraph (1) shall--
``(A) establish an administrative authority within
the Department of Justice to receive and investigate
complaints relating to the provision or violation of
the rights of a crime victim;
``(B) require a course of training for employees
and offices of the Department of Justice that fail to
comply with provisions of Federal law pertaining to the
treatment of crime victims, and otherwise assist such
employees and offices in responding more effectively to
the needs of crime victims;
``(C) contain disciplinary sanctions, including
suspension or termination from employment, for
employees of the Department of Justice who willfully or
wantonly fail to comply with provisions of Federal law
pertaining to the treatment of crime victims; and
``(D) provide that the Attorney General, or the
designee of the Attorney General, shall be the final
arbiter of the complaint, and that there shall be no
judicial review of the final decision of the Attorney
General by a complainant.''.
(b) Table of Chapters.--The table of chapters for part II of title
18, United States Code, is amended by inserting at the end the
following:
``237. Crime victims' rights................................ 3771''.
(c) Repeal.--Section 502 of the Victims' Rights and Restitution Act
of 1990 (42 U.S.C. 10606) is repealed.
SEC. 3. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS.
(a) Crime Victims Legal Assistance Grants.--The Victims of Crime
Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after
section 1404C the following:
``SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS.
``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public and private entities, to develop, establish,
and maintain programs for the enforcement of crime victims' rights as
provided in law.
``(b) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section, subject to appropriation.''.
(b) Authorization of Appropriations.--In addition to funds made
available under section 1402(d) of the Victims of Crime Act of 1984,
there are authorized to be appropriated to carry out this Act--
(1) $2,000,000 for fiscal year 2005 and $5,000,000 for each
of fiscal years 2006, 2007, 2008, and 2009 to United States
Attorneys Offices for Victim/Witnesses Assistance Programs;
(2) $2,000,000 for fiscal year 2005 and $5,000,000 in each
of the fiscal years 2006, 2007, 2008, and 2009, to the Office
for Victims of Crime of the Department of Justice for
enhancement of the Victim Notification System;
(3) $300,000 in fiscal year 2005 and $500,000 for each of
the fiscal years 2006, 2007, 2008, and 2009, to the Office for
Victims of Crime of the Department of Justice for staff to
administer the appropriation for the support of the National
Crime Victim Law Institute or other organizations as designated
under paragraph (4);
(4) $7,000,000 for fiscal year 2005 and $11,000,000 for
each of the fiscal years 2006, 2007, 2008, and 2009, to the
Office for Victims of Crime of the Department of Justice, for
the support of--
(A) the National Crime Victim Law Institute and the
establishment and operation of the Institute's programs
to provide counsel for victims in criminal cases for
the enforcement of crime victims' rights in Federal
jurisdictions, and in States and tribal governments
that have laws substantially equivalent to the
provisions of chapter 237 of title 18, United States
Code; or
(B) other organizations substantially similar to
that organization as determined by the Director of the
Office for Victims of Crime.
(c) Increased Resources to Develop State-of-the-Art Systems for
Notifying Crime Victims of Important Dates and Developments.--The
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404D the following:
``SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS.
``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public or private entities, to develop and implement
state-of-the-art systems for notifying victims of crime of important
dates and developments relating to the criminal proceedings at issue in
a timely and efficient manner, provided that the jurisdiction has laws
substantially equivalent to the provisions of chapter 237 of title 18,
United States Code.
``(b) Integration of Systems.--Systems developed and implemented
under this section may be integrated with existing case management
systems operated by the recipient of the grant.
``(c) Authorization of Appropriations.--In addition to funds made
available under section 1402(d), there are authorized to be
appropriated to carry out this section--
``(1) $5,000,000 for fiscal year 2005; and
``(2) $5,000,000 for each of the fiscal years 2006, 2007,
2008, and 2009.
``(d) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section, subject to appropriation.''.
SEC. 4. REPORTS.
(a) Administrative Office of the United States Courts.--Not later
than 1 year after the date of enactment of this Act and annually
thereafter, the Administrative Office of the United States Courts, for
each Federal court, shall report to Congress the number of times that a
right established in chapter 237 of title 18, United States Code, is
asserted in a criminal case and the relief requested is denied and,
with respect to each such denial, the reason for such denial, as well
as the number of times a mandamus action is brought pursuant to chapter
237 of title 18, and the result reached.
(b) General Accounting Office.--
(1) Study.--The Comptroller General shall conduct a study
that evaluates the effect and efficacy of the implementation of
the amendments made by this Act on the treatment of crime
victims in the Federal system.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to the appropriate committees a report containing
the results of the study conducted under subsection (a). | Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act - Amends the Federal criminal code to provide that a crime victim has the following rights: (1) to be reasonably protected from the accused; (2) to reasonable, accurate, and timely notice of any public proceeding involving the crime or of any release or escape of the accused and to not be excluded from any such proceeding; (3) to be reasonably heard at any public proceeding involving release, plea, or sentencing; (4) to confer with the attorney for the Government in the case; (5) to full and timely restitution as provided in law; (6) to proceedings free from unreasonable delay; and (7) to be treated with fairness and with respect for the victim's dignity and privacy. Directs: (1) the court to ensure that a victim is afforded these rights; (2) officers and employees of Federal agencies engaged in the detection, investigation, or prosecution of crime to make their best efforts to see that victims are notified of, and accorded, these rights; and (3) the Attorney General to promulgate regulations to enforce victims' rights and to ensure compliance by responsible officials with the obligations respecting crime victims.
Amends the Victims of Crime Act of 1984 to authorize the Director of the Office for Victims of Crime to make grants to: (1) develop, establish, and maintain programs for the enforcement of victims' rights; and (2) develop and implement state-of-the-art systems for notifying victims of important dates and developments relating to criminal proceedings.
Requires: (1) the Administrative Office of the United States Courts to report annually on the number of times such victims' rights are asserted and the relief requested is denied; and (2) the Comptroller General to evaluate the effect of this Act on the treatment of victims. | {"src": "billsum_train", "title": "To protect crime victims' rights."} | 2,691 | 393 | 0.704204 | 2.455397 | 0.848565 | 5.150134 | 6.525469 | 0.978552 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Marriage Tax
Penalty Elimination Act of 1998''.
(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.
(c) Section 15 Not To Apply.--No amendment made by section 2 shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986 .
SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN INDIVIDUAL INCOME TAX RATES.
(a) General Rule.--Section 1 (relating to tax imposed) is amended
by striking subsections (a) through (e) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $50,700...............
15% of taxable income.
Over $50,700 but not over
$122,800.
$7,605, plus 28% of the excess
over $50,700.
Over $122,800 but not over
$256,200.
$27,793, plus 31% of the excess
over $122,800.
Over $256,200 but not over
$556,900.
$69,147, plus 36% of the excess
over $256,200.
Over $556,900..................
$177,399, plus 39.6% of the
excess over $556,900.
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $33,950...............
15% of taxable income.
Over $33,950 but not over
$87,700.
$5,092.50, plus 28% of the
excess over $33,950.
Over $87,700 but not over
$142,000.
$20,142.50, plus 31% of the
excess over $87,700.
Over $142,000 but not over
$278,450.
$36,975.50, plus 36% of the
excess over $142,000.
Over $278,450..................
$86,097.50, plus 39.6% of the
excess over $278,450.
``(c) Other Individuals.--There is hereby imposed on the taxable
income of every individual (other than an individual to whom subsection
(a) or (b) applies) a tax determined in accordance with the following
table:
``If taxable income is: The tax is:
Not over $25,350...............
15% of taxable income.
Over $25,350 but not over
$61,400.
$3,802.50, plus 28% of the
excess over $25,350.
Over $61,400 but not over
$128,100.
$13,896.50, plus 31% of the
excess over $61,400.
Over $128,100 but not over
$278,450.
$34,573.50, plus 36% of the
excess over $128,100.
Over $278,450..................
$88,699.50, plus 39.6% of the
excess over $278,450.
``(d) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $1,700................
15% of taxable income.
Over $1,700 but not over $4,000
$255, plus 28% of the excess
over $1,700.
Over $4,000 but not over $6,100
$899, plus 31% of the excess
over $4,000.
Over $6,100 but not over $8,350
$1,550, plus 36% of the excess
over $6,100.
Over $8,350....................
$2,360, plus 39.6% of the
excess over $8,350.''.
(b) Inflation Adjustment To Apply in Determining Rates for 1999.--
Subsection (f) of section 1 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``1998'',
(2) by striking ``1992'' in paragraph (3)(B) and inserting
``1997'', and
(3) by striking paragraph (7).
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``1992'' and inserting ``1997'' each place it appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 68(b)(2)(B).
(E) Section 135(b)(2)(B)(ii).
(F) Section 151(d)(4).
(G) Section 221(g)(1)(B).
(H) Section 512(d)(2)(B).
(I) Section 513(h)(2)(C)(ii).
(J) Section 877(a)(2).
(K) Section 911(b)(2)(D)(ii)(II).
(L) Section 4001(e)(1)(B).
(M) Section 4261(e)(4)(A)(ii).
(N) Section 6039F(d).
(O) Section 6334(g)(1)(B).
(P) Section 7430(c)(1).
(2) Subclause (II) of section 42(h)(6)(G)(i) is amended by
striking ``1987'' and inserting ``1997''.
(3) Subparagraph (B) of section 59(j)(2) is amended by
striking ``, determined by substituting `1997' for `1992' in
subparagraph (B) thereof''.
(4) Subparagraph (B) of section 132(f)(6) is amended by
inserting before the period ``, determined by substituting
`calendar year 1992' for `calendar year 1997' in subparagraph
(B) thereof''.
(5) Paragraph (2) of section 220(g) of such Code is amended
by striking ``by substituting `calendar year 1997' for
`calendar year 1992' in subparagraph (B) thereof''.
(6) Subparagraph (B) of section 685(c)(3) is amended by
striking ``, by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(7) Subparagraph (B) of section 2032A(a)(3) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(8) Subparagraph (B) of section 2503(b)(2) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(9) Paragraph (2) of section 2631(c) is amended by striking
``by substituting `calendar year 1997' for `calendar year 1992'
in subparagraph (B) thereof''.
(10) Subparagraph (B) of section 6601(j)(3) is amended by
striking ``by substituting `calendar year 1997' for `calendar
year 1992' in subparagraph (B) thereof''.
(11) Sections 468B(b)(1), 511(b)(1), 641(a), 641(d)(2)(A),
and 685(d) are each amended by striking ``section 1(e)'' each
place it appears and inserting ``section 1(d)''.
(12) Sections 1(f)(2) and 904(b)(3)(E)(ii) are each amended
by striking ``(d), or (e)'' and inserting ``or (d)''.
(13) Paragraph (1) of section 1(f) is amended by striking
``(d), and (e)'' and inserting ``and (d)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 3. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION.
(a) In General.--Paragraph (2) of section 63(c) (relating to
standard deduction) is amended to read as follows:
``(2) Basic standard deduction.--For purposes of paragraph
(1), the basic standard deduction is--
``(A) $8,500 in the case of--
``(i) a joint return, or
``(ii) a surviving spouse (as defined in
section 2(a)),
``(B) $6,250 in the case of a head of household (as
defined in section 2(b)), or
``(C) $4,250 in any other case.''
(b) Technical Amendments.--
(1) Paragraph (4) of section 63(c) is amended to read as
follows:
``(4) Adjustments for inflation.--In the case of any
taxable year beginning in a calendar year after 1998, each
dollar amount contained in paragraph (2) or (5) or subsection
(f) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins.''
(2) Subparagraph (A) of section 63(c)(5) is amended by
striking ``$500'' and inserting ``$700''.
(3) Subsection (f) of section 63 is amended by striking
``$600'' each place it appears and inserting ``$850'' and by
striking ``$750'' in paragraph (3) and inserting ``$1,050''.
(4) Subparagraph (B) of section 1(f)(6) is amended by
striking ``subsection (c)(4) of section 63 (as it applies to
subsections (c)(5)(A) and (f) of such section)'' and inserting
``section 63(c)(4)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Marriage Tax Penalty Elimination Act of 1998 - Amends the Internal Revenue Code to revise standard deduction amounts and individual income tax rate bracket amounts, including providing that amounts for married filing jointly categories shall be twice that of amounts for single filers. | {"src": "billsum_train", "title": "Marriage Tax Penalty Elimination Act of 1998"} | 2,510 | 55 | 0.470053 | 1.075575 | -0.052961 | 1.666667 | 46.377778 | 0.688889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fostering Innovation in Medical
Imaging Act of 2017''.
SEC. 2. APPROVAL OF APPLICATIONS FOR CERTAIN DIAGNOSTIC MEDICAL IMAGING
DEVICES.
Section 520 of the Federal Food, Drug, and Cosmetic Act (42 U.S.C.
360j) is amended by adding at the end the following:
``Diagnostic Imaging Devices Intended for Use With Contrast Agents
``(p)(1) The Secretary may, subject to the succeeding provisions of
this subsection, approve an application (or supplement to such an
application) submitted under section 515 with respect to an applicable
medical imaging device, or, in the case of an applicable medical
imaging device for which a notification was submitted under section
510(k) (or a supplement to such a notification), may make a substantial
equivalence determination with respect to such applicable medical
imaging device, if the indications and conditions of use proposed in
such application or notification do not involve the use of a contrast
agent--
``(A) in a concentration, rate of administration, or route
of administration that is different from those described in the
approved labeling of the contrast agent;
``(B) in a region, organ, or system of the body that is
different from those described in the approved labeling of the
contrast agent, unless the Secretary determines, based on
information contained in the application or notification
involved, that the difference does not reduce the safety of the
contrast agent when used with the device;
``(C) in a new patient population for which the contrast
agent is determined by the Secretary to pose an increased risk;
or
``(D) in an imaging modality (such as an ultrasonic,
ionizing radiation, or magnetic resonance imagine modality)
that is different from those described in the approved labeling
of the contrast agent.
``(2) The agency center charged with premarket review of devices
shall have primary jurisdiction with respect to the review of an
application or notification described in paragraph (1). In conducting
such review, such agency center may--
``(A) consult with the agency center charged with the
premarket review of drugs and biological products; and
``(B) review information and data provided to the Secretary
by the sponsor of a contrast agent in an application submitted
under section 505, so long as the sponsor of such contrast
agent has provided to the sponsor of the applicable medical
imaging device that is the subject of such review a right of
reference or use.
``(3) An application submitted under section 515 or a notification
submitted under section 510(k) with respect to an applicable medical
imaging device shall be subject to the requirements of such respective
section, and shall not be subject to subsection (d) or (e) of section
505 (including the substantial evidence standard specified in such
subsections).
``(4) An application submitted under section 515 or a notification
submitted under section 510(k) with respect to an applicable medical
imaging device intended for use in conjunction with a contrast agent to
which clause (ii) or (iii) of section 505(c)(3)(E) applies shall refer
to such contrast agent by trade or brand name, rather than to a class
of drugs.
``(5) For purposes of this subsection and section 505(y)--
``(A) the term `applicable medical imaging device' means a
device intended to be used in conjunction with a contrast agent
(or class of contrast agents) for a use that is not described
in the indications and usage section of the approved labeling
of such contrast agent (or the approved labeling of any
contrast agent in the same class as such contrast agent); and
``(B) the term `contrast agent' means a drug that--
``(i) is a radioactive drug (as defined in section
310.3(n) of title 21, Code of Federal Regulations); or
``(ii)(I) is approved under section 505;
``(II) is intended for use in conjunction with a
diagnostic imaging device; and
``(III) achieves its intended use by enhancing the
contrast between a target tissue, structure, or fluid
and the surrounding tissues or structures within the
body.''.
SEC. 3. APPLICATIONS FOR APPROVAL OF CONTRAST AGENTS INTENDED FOR USE
WITH CERTAIN DIAGNOSTIC MEDICAL IMAGING DEVICES.
Section 505 of the Federal Food, Drug, and Cosmetic Act (42 U.S.C.
355) is amended by adding at the end the following:
``(y) Contrast Agents Intended for Use With Applicable Medical
Imaging Devices.--
``(1) The sponsor of a contrast agent for which an
application has been approved under this section may submit a
supplement to the application seeking approval for the use of
the contrast agent for a new contrast indication.
``(2) In reviewing a supplement submitted under this
subsection, the agency center charged with the premarket review
of drugs may--
``(A) consult with the center charged with the
premarket review of devices; and
``(B) review information and data submitted to the
Secretary by the sponsor of an applicable medical
imaging device pursuant to section 515 or 510(k), so
long as the sponsor of such applicable medical imaging
device has provided to the sponsor of the contrast
agent a right of reference or use.
``(3) For purposes of this subsection--
``(A) the term `new contrast indication' means a
use of a contrast agent that is described in the
approved labeling of an applicable medical imaging
device described in section 520(p), but that is not
described in the indications and usage section of the
approved labeling of the contrast agent; and
``(B) the term `applicable medical imaging device'
and `contrast agent' have the meanings given such terms
in section 520(p).''. | Fostering Innovation in Medical Imaging Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to allow the Food and Drug Administration (FDA) to approve a medical imaging device intended to be used with an approved contrast agent when—under specified conditions—the use differs from the approved use of the contrast agent. (Contrast agents are substances used to enhance the visibility of body structures in medical imaging.) The FDA center that reviews medical devices has primary jurisdiction over such reviews. After authorization of a medical imaging device that makes new use of a contrast agent, the sponsor of the approved contrast agent may submit a supplemental application for the new use of the contrast agent. | {"src": "billsum_train", "title": "Fostering Innovation in Medical Imaging Act of 2017"} | 1,317 | 152 | 0.607154 | 1.691815 | 0.727563 | 2.414063 | 9.515625 | 0.851563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kenneth Starr Corrections Act of
1999''.
SEC. 2. TESTIMONIAL PRIVILEGES IN FEDERAL, CIVIL AND CRIMINAL
PROCEEDINGS.
Rule 501 of the Federal Rules of Evidence (28 U.S.C. App.) is
amended--
(1) in the 1st sentence by inserting ``(a)'' before
``Except'',
(2) in the 2d sentence by striking ``However, in'' and
inserting the following:
``(d) Notwithstanding any other provision of this section, in'',
and
(3) by inserting after the first sentence the following:
``(b)(1) A witness may not be compelled to testify against a child
or parent of the witness.
``(2) A witness may not be compelled to disclose the content of a
confidential communication with a child or parent of the witness.
``(3) For purposes of this subdivision, `child' means, with respect
to an individual, a birth, adoptive, or step-child of the individual,
and any person (such as a foster child or a relative of whom the
individual has long-term custody) with respect to whom the court
recognizes the individual as having a right to act as a parent.
``(4) The privileges provided in this subdivision shall be governed
by principles of the common law, as they may be interpreted by the
courts of the United States in the light of reason and experience, that
are similar to the principles that apply to the similar privileges of a
witness with respect to a spouse of the witness.
``(c) A member of the United States Secret Service may not be
compelled to testify with respect to any conversation of the President
heard by such member while such member is on duty.''.
SEC. 3. RESTRICTIONS ON PROSECUTORIAL CONDUCT.
(a) Amendment.--Part II of title 18, United States Code, is amended
by adding at the end the following:
``CHAPTER 237--RESTRICTIONS
``Sec.
``3761. Restrictions on prosecutorial conduct.
``Sec. 3761. Restrictions on prosecutorial conduct
``(a) Perjury Prosecutions Based on Grand Jury Testimony.--A
criminal proceeding for perjury or false statement may not be brought
against a witness based on a statement made by the witness to the grand
jury if--
``(1) such statement is made in response to a question
that--
``(A) is asked by the prosecutor or a member of the
grand jury; and
``(B) arises from or has any basis in physical
nontestimonial evidence available, and then known, to
the prosecutor; and
``(2) the prosecutor fails--
``(A) to provide such evidence to the witness
before the conclusion of the testimony of the witness;
or
``(B) to allow the witness, after receiving such
evidence, to explain or modify any testimony given by
the witness to the grand jury.
``(b) Perjury Prosecutions Based on Certain Affidavits in Civil
Cases.--A criminal proceeding may not be commenced by an officer or
employee of the United States against an individual for making a false
statement that relates to adultery or to sexual activity that is not
unlawful under Federal law, in an affidavit filed in a noncriminal
proceeding.
``(c) Limitation on Power To Authorize Certain Recordings.--An
officer or employee of an agency of the United States may not authorize
any person to make an audio or video record of a private communication
that such officer, such employee, or such person reasonably expects
will relate to adultery or to sexual activity that is not unlawful
under Federal law.''.
(b) Conforming Amendments.--The table of chapters of part II of
title 18, United States Code, is amended by inserting after the item
relating to chapter 235 the following:
``237. Restrictions......................................... 3761''.
SEC. 4. LIMITATIONS APPLICABLE TO PROCEEDINGS BEFORE THE GRAND JURY.
Rule 6 of the Federal Rules of Criminal Procedure (18 U.S.C. App.)
is amended by adding at the end the following:
``(h) Photographic Records.--A photographic record may not be made
of a witness who testifies before a grand jury for the purpose of
recording the testimony such witness gives before the grand jury.''.
SEC. 5. IMMUNITY FOR CERTAIN GRAND JURY WITNESSES.
Section 6003 of title 18, United States Code, is amended by adding
at the end the following:
``(c) An individual who is a target of an investigation of a
violation of a law of the United States may not be compelled to appear
before a grand jury except under the terms of an order that is
effective as provided in section 6002 of this title.''.
SEC. 6. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to conduct occurring after the date of
the enactment of this Act. | (Sec. 3) Prohibits the bringing of a criminal proceeding for perjury or false statement against a witness based on a statement made to the grand jury if: (1) such statement is made in response to a question that is asked by the prosecutor or a member of the grand jury and that arises from or has any basis in physical non-testimonial evidence available and then known to the prosecutor; and (2) the prosecutor fails to provide such evidence to the witness before the conclusion of that witness's testimony or to allow the witness, after receiving such evidence, to explain or modify any testimony.
Prohibits: (1) a criminal proceeding from being commenced by an officer or employee of the United States against an individual for making a false statement that relates to adultery or to sexual activity that is not unlawful under Federal law in an affidavit filed in a non-criminal proceeding; and (2) an officer or employee of a U.S. agency from authorizing any person to make an audio or video record of a private communication that such officer, employee, or person reasonably expects will relate to adultery or to sexual activity that is not unlawful under Federal law.
(Sec. 4) Amends rule 6 of the Federal Rules of Criminal Procedure to prohibit the making of a photographic record of a witness who testifies before a grand jury for the purpose of recording the testimony such witness gives before the grand jury.
(Sec. 5) Amends the Federal criminal code to prohibit compelling an individual who is a target of an investigation of a violation of Federal law to appear before a grand jury except under the terms of an order that is effective as provided in the code. | {"src": "billsum_train", "title": "Kenneth Starr Corrections Act of 1999"} | 1,246 | 376 | 0.580058 | 1.764983 | 0.612898 | 6.745399 | 3.303681 | 0.947853 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elko Motocross and Tribal Conveyance
Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior, acting through the Bureau of Land Management.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
SEC. 101. DEFINITIONS.
In this title:
(1) City.--The term ``city'' means the city of Elko,
Nevada.
(2) County.--The term ``county'' means the county of Elko,
Nevada.
(3) Map.--The term ``map'' means the map entitled ``Elko
Motocross Park'' and dated January 9, 2010.
SEC. 102. CONVEYANCE OF LAND TO COUNTY.
(a) In General.--As soon as practicable after the date of enactment
of this Act, subject to valid existing rights and the provisions of
this section, the Secretary shall convey to the county, without
consideration, all right, title, and interest of the United States in
and to the land described in subsection (b).
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 275 acres of land managed by the Bureau of
Land Management, Elko District, Nevada, as generally depicted on the
map as ``Elko Motocross Park''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under this section
shall be used only as a motocross, bicycle, off-highway vehicle, or
stock car racing area, or for any other public purpose consistent with
uses allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act''), (43 U.S.C. 869 et seq.).
(e) Administrative Costs.--The Secretary shall require the county
to pay all survey costs and other administrative costs necessary for
the preparation and completion of any patents for, and transfers of
title to, the land described in subsection (b).
(f) Reversion.--If the land conveyed under this section ceases to
be used for a public purpose in accordance with subsection (d), the
land shall, at the discretion of the Secretary, revert to the United
States.
TITLE II--ELKO INDIAN COLONY EXPANSION
SEC. 201. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled ``Te-moak
Tribal Land Expansion'', dated September 30, 2008, and on file
and available for public inspection in the appropriate offices
of the Bureau of Land Management.
(2) Tribe.--The term ``Tribe'' means the Te-moak Tribe of
Western Shoshone Indians of Nevada, which is a federally
recognized Indian tribe.
SEC. 202. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF WESTERN
SHOSHONE INDIANS OF NEVADA.
(a) In General.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the land described
in subsection (b)--
(1) shall be held in trust by the United States for the
benefit and use of the Tribe; and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 373 acres of land administered by the Bureau
of Land Management, as generally depicted on the map as ``Lands to be
Held in Trust''.
(c) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
(d) Conditions.--
(1) Gaming.--Land taken into trust under subsection (a)
shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those terms
are defined in section 4 of the Indian Gaming Regulatory Act
(25 U.S.C. 2703)).
(2) Use of trust land.--
(A) In general.--The Tribe shall use the land taken
into trust under subsection (a) only for--
(i) traditional and customary uses;
(ii) stewardship conservation for the
benefit of the Tribe; or
(iii) residential or recreational
development.
(B) Other uses.--If the Tribe uses any portion of
the land taken into trust under subsection (a) for a
purpose other than a purpose described in subparagraph
(A), the Tribe shall pay to the Secretary an amount
that is equal to the fair market value of the portion
of the land, as determined by an appraisal.
(3) Thinning; landscape restoration.--With respect to the
land taken into trust under subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities on
the land that is beneficial to the Tribe and the Bureau of Land
Management. | Elko Motocross and Tribal Conveyance Act - Directs the Secretary of the Interior to convey to Elko County, Nevada, without consideration, all right, title, and interest of the United States in and to approximately 275 acres of land managed by the Bureau of Land Management (BLM), Elko District, Nevada, as depicted on the map as "Elko Motocross Park." Requires the land conveyed to be used only: (1) as a motocross, bicycle, off-highway vehicle, or stock car racing area; or (2) for any other public purpose consistent with the Recreation and Public Purposes Act.
Holds 373 acres of BLM administered land in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Makes such land part of the Tribe's reservation. Prohibits class II or III gaming on such land. Limits the use of such land to: (1) traditional and customary uses, (2) stewardship conservation for the benefit of the Tribe, and (3) residential or recreational development. Requires the Tribe to pay the Secretary of the Interior the fair market value of any portion of such land used for another purpose. | {"src": "billsum_train", "title": "To require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other purposes."} | 1,304 | 269 | 0.640506 | 2.015044 | 0.827511 | 4.690583 | 5.040359 | 0.923767 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Marshals Service 225th
Anniversary Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) The United States Marshals, the first Federal law
enforcement officers in America, were established under section
27 of the Act of Congress entitled ``Chapter XX.--An Act to
Establish the Judicial Courts of the United States'' and
enacted on September 24, 1789 (commonly referred to as the
``Judiciary Act of September 24, 1789''), during the 1st
Session of the 1st Congress, and signed into law by the 1st
President of the United States, George Washington.
(2) George Washington had carefully considered the
appointments to the Judicial Branch long before the enactment
of the Judiciary Act of September 24, 1789, and nominated the
first 11 United States Marshals on September 24, and the
remaining two Marshals on September 25, 1789. The Senate
confirmed all 13 on September 26, 1789, 2 days after the
Judiciary Act was signed into law.
(3) In 1969, by order of the Department of Justice, the
United States Marshals Service was created, and achieved Bureau
status in 1974. The United States Marshals Service has had
major significance in the history of the United States, and has
directly contributed to the safety and preservation of this
Nation, by serving as an instrument of civil authority used by
all 3 branches of the United States Government.
(4) One of the original 13 United States Marshals, Robert
Forsyth of Georgia, a 40-year old veteran of the Revolutionary
War, was the first civilian official of the United States
Government, and the first of many United States Marshals and
deputies, to be killed in the line of duty when he was shot on
January 11, 1794, while trying to serve civil process.
(5) The United States Marshals Service Commemorative Coin
will be the first commemorative coin to honor the United States
Marshals Service.
(6) The United States should pay tribute to the Nation's
oldest Federal law enforcement agency, the United States
Marshals Service, by minting and issuing commemorative coins,
as provided in this Act.
(7) A commemorative coin will bring national and
international attention to the lasting legacy of this Nation's
oldest Federal law enforcement agency.
(8) The proceeds from a surcharge on the sale of such
commemorative coins will assist the financing of national
museums and charitable organizations.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the 225th anniversary of
the establishment of the United States Marshals Service, the Secretary
of the Treasury (hereafter in this Act referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 gold coins,
which shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent alloy.
(3) Half dollar clad coins.--Not more than 750,000 half
dollar coins, which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31 United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the 225 years of exemplary and
unparalleled achievements of the United States Marshals
Service.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of--
(i) the mint date ``2015''; and
(ii) the years 1789 and 2014; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum'', and such other inscriptions as the
Secretary may determine to be appropriate for the
designs of the coins.
(3) Coin images.--
(A) $5 gold coins.--
(i) Obverse.--The obverse of the $5 coins
issued under this Act shall bear an image of
the United States Marshals Service Star (also
known as ``America's Star'').
(ii) Reverse.--The reverse of the $5 coins
issued under this Act shall bear a design
emblematic of the sacrifice and service of the
men and women of the United States Marshals
Service who lost their lives in the line of
duty and include the Marshals Service motto
``Justice, Integrity, Service''.
(B) $1 silver coins.--
(i) Obverse.--The obverse of the $1 coins
issued under this Act shall bear an image of
the United States Marshals Service Star (also
known as ``America's Star'').
(ii) Reverse.--The reverse of the $1 silver
coins issued under this Act shall bear an image
emblematic of the United States Marshals
legendary status in America's cultural
landscape. The image should depict Marshals as
the lawmen of our frontiers, including their
geographic, political, or cultural history, and
shall include the Marshals Service motto
``Justice, Integrity, Service''.
(C) Half dollar clad coins.--
(i) Obverse.--The obverse of the half
dollar clad coins issued under this Act shall
bear an image emblematic of the United States
Marshals Service and its history.
(ii) Reverse.--The reverse of the half
dollar clad coins issued under this Act shall
bear an image consistent with the role that the
United States Marshals played in a changing
Nation, as they were involved in some of the
most pivotal social issues in American history.
The image should show the ties that the
Marshals have to the United States
Constitution, with themes including--
(I) the Whiskey Rebellion and the
rule of law;
(II) slavery and the legacy of
inequality; and
(III) the struggle between labor
and capital.
(4) Realistic and historically accurate depictions.--The
images for the designs of coins issued under this Act shall be
selected on the basis of the realism and historical accuracy of
the images and on the extent to which the images are
reminiscent of the dramatic and beautiful artwork on coins of
the so-called ``Golden Age of Coinage'' in the United States,
at the beginning of the 20th Century, with the participation of
such noted sculptors and medallic artists as James Earle
Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A.
Weinman, Charles E. Barber, and George T. Morgan.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Director of the United States Marshals Service and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coin Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in proof quality and uncirculated quality.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue coins, to
the public, minted under this Act beginning on or after January 1,
2015, except for a limited number to be issued prior to such date to
the Director of the United States Marshals Service and employees of the
Service for display and presentation during the 225th Anniversary
celebration.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2015.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 gold coin.
(2) A surcharge of $10 per coin for the $1 silver coin.
(3) A surcharge of $3 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, the Secretary shall promptly distribute all surcharges
received from the sale of coins issued under this Act as follows:
(1) The first $5,000,000 available for distribution under
this section, to the U.S. Marshals Museum, Inc., also known as
the United States Marshals Museum, for the preservation,
maintenance, and display of artifacts and documents.
(2) Of amounts available for distribution after the payment
under paragraph (1)--
(A) Thirty-three and one-third percent shall be
distributed to The National Center for Missing &
Exploited Children.
(B) Thirty-three and one-third percent shall be
distributed to the National Law Enforcement Officers
Memorial Fund, in support of the National Law
Enforcement Museum and the National Law Enforcement
Officers Memorial.
(C) Thirty-three and one-third percent shall be
distributed to the Federal Law Enforcement Officers
Association Foundation.
(c) Audits.--All organizations, associations, and funds shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to this issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | United States Marshals Service 225th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service.
Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin; and (2) $10 per $1 coin. Requires distribution of the first $5 million to the U.S. Marshals Service National Museum for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service. Requires distribution of one-third of the remainder each to the National Center for Missing and Exploited Children, the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial, and to the Federal Law Enforcement Officers Association Foundation.
Authorizes the Secretary to strike and sell bronze duplicates of the $5 gold coins. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the 225th anniversary of the establishment of the Nation's first Federal law enforcement agency, the United States Marshals Service."} | 2,550 | 234 | 0.592671 | 1.779342 | 0.731101 | 3.822335 | 11.807107 | 0.949239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Monroe National Historical Park
Establishment Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commonwealth.--The term ``Commonwealth'' means--
(A) the Commonwealth of Virginia; or
(B) any management entity or political subdivision
established by the Commonwealth for the planning,
management, and reuse of land, buildings, or structures
reverting to or conveyed to the Commonwealth as a
result of the Base Realignment land closures process of
2005 affecting the Fort.
(2) Fort.--The term ``Fort'' means the third system
fortification historically referred to as ``Fortress Monroe'',
including--
(A) the moat; and
(B) the land and improvements within the Fort and
adjacent to the outside perimeter of the moat.
(3) Historic area.--The term ``historic area'' means the
Fort Monroe National Historic Landmark located outside the
boundary of the Park.
(4) Historic resources.--The term ``historic resources''
means any land, cultural landscapes, buildings, or structures
that are--
(A) located within the Fort; or
(B) adjacent to the Fort within the connecting road
system formed by Fenwick Road, Ingalls Road, Murray
Road, Patch Road, Griffith Street, and Bomford Lane.
(5) Management plan.--The term ``management plan'' means
the general management plan for the Park developed under
section (4)(i).
(6) Map.--The term ``map'' means the map entitled ``Fort
Monroe National Historical Park Proposed Boundary'', numbered
250/107,111, and dated June 24, 2011.
(7) Natural and recreational resources.--The term ``natural
and recreational resources'' means any land and submerged land
lying within, and associated with, the North Beach area of the
Fort, as depicted on the map.
(8) Park.--The term ``Park'' means the Fort Monroe National
Historical Park established by section (3)(a).
(9) Project.--The term ``project'' means any activity,
restoration, rehabilitation, interpretive exhibit or device, or
physical improvement for which Federal funds have been
expended.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FORT MONROE NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established in the Commonwealth a unit
of the National Park System, to be known as the ``Fort Monroe National
Historical Park''.
(b) Purposes.--The purposes of the Park are--
(1) to preserve the historic resources and natural and
recreational resources;
(2) to provide land and water-based recreational
opportunities at the Park; and
(3) to interpret for the benefit of present and future
generations--
(A) Old Point Comfort, including recognizing--
(i) the relationship of Old Point Comfort
to the voyages of Captain John Smith;
(ii) the location of Old Point Comfort as
the first entry place of captive Africans into
English North America;
(iii) the use of Old Point Comfort for
successive fortifications; and
(iv) the role of Old Point Comfort in the
War of 1812;
(B) the development and use of the Fort as a
coastal defense facility and artillery training center,
including providing information on the military and
community life at Fort Monroe;
(C) the role of the Fort in the Civil War,
including--
(i) the use of the Fort as a haven for
individuals escaping enslavement during the
Civil War; and
(ii) the formation and service of U.S.
Colored Troop units stationed at Fort Monroe;
(D) persons and events associated with the Fort
that contributed to the history of the Fort and the
United States, including the relevance of those persons
and events to modern society; and
(E) the natural and recreational resources
associated with the Fort.
(c) Boundary.--The Park shall be comprised of the Fort, the
historic resources, and the natural and recreational resources, as
generally depicted on the map.
(d) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
SEC. 4. 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 National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Federal, State, and Local Jurisdiction.--
(1) Effect on federal authority.--Except as otherwise
provided in this Act, nothing in this Act enlarges, diminishes,
or modifies any authority of the United States to carry out
Federal laws (including regulations) on Federal land located
within the boundary of the Park.
(2) Effect on state and local authority.--Nothing in this
Act enlarges, diminishes, or modifies any authority of the
Commonwealth or any political subdivision of the Commonwealth--
(A) to exercise civil and criminal jurisdiction
within the Park, unless an agreement for concurrent
jurisdiction is executed that modifies the jurisdiction
of the Commonwealth or political subdivision of the
Commonwealth with respect to the Park; or
(B) to carry out Commonwealth laws, regulations,
and rules on non-Federal land located within the
boundary of the Park.
(c) No Net Loss of Commonwealth-Owned Buildings and Structures.--In
the case of the loss or authorized demolition of buildings or
structures within the Fort Monroe National Historic Landmark,
replacement of the square footage from the loss or demolition shall be
permitted if the construction complies with--
(1) the Secretary of the Interior's Standards for the
Treatment of Historic Properties under part 68 of title 36,
Code of Federal Regulations (or successor regulations); and
(2) section 106 of the National Historic Preservation Act
(16 U.S.C. 470f).
(d) Authorization of Ex-Officio Appointments.--The Superintendent
of the Park may serve as an ex-officio member of any board or committee
affecting the Fort that the Secretary determines would--
(1) be beneficial to the preservation of Park resources;
and
(2) further the interpretive or educational purposes of the
Park.
(e) Cooperative Agreements and Visitor Services.--
(1) In general.--Subject to the provisions of this section
and as the Secretary determines to be appropriate to carry out
this section, the Secretary may enter into cooperative
agreements with the Commonwealth or any other party, under
which the Secretary may identify, interpret, and provide
assistance for the preservation of non-Federal properties
within the boundary of the Park or in the historic area,
including providing for the placement of directional and
interpretive signage, wayside exhibits, and technology-based
interpretive devices.
(2) Limitations.--The Secretary shall not enter into any
cooperative agreement under this subsection until the
Secretary--
(A) determines that--
(i) sufficient historic resources and
natural and recreational resources have been
acquired to constitute a manageable unit; and
(ii) easements have been acquired on the
remaining historic resources and natural and
recreational resources within the boundary of
the Park sufficient to ensure the integrity of
the historic resources and natural and
recreational resources of the Park; and
(B) has entered into a written agreement with the
Commonwealth providing--
(i) for an effective process for ensuring
that the future uses of historic resources and
natural and recreational resources within and
adjacent to the boundary of the Park will be
compatible with the designation of the Park as
a unit of the National Park System; and
(ii) as cooperatively determined between
the Secretary and the Commonwealth,
contributions to be made by any other party for
sharing with the Commonwealth and the Secretary
the costs of, maintenance and utilities
necessary for the operation and maintenance of
the Park.
(3) Adaptive reuse.--Nothing in this Act inhibits the
Commonwealth from providing for the adaptive reuse of the
interior of any non-federally owned historic resource for such
compatible uses determined under subsection (e)(2)(B) that are
conducted in accordance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties under part
68 of title 36, Code of Federal Regulations (or successor
regulations).
(4) Joint visitor services facilities.--If the Secretary
determines that the visitor experience to the Park would be
enhanced and result in cost efficiencies, the Secretary may--
(A) provide not more than 50 percent of the costs
of designing and rehabilitating non-federally owned
structures or buildings in the Park, or within the
historic area, for Park operations and visitor
services, including the design, construction, and
installation of exhibits for the Park; and
(B) jointly operate and maintain the facilities
with the Commonwealth.
(5) Fort monroe foundation.--The Secretary may enter into a
partnership agreement with the Fort Monroe Foundation that
would benefit the preservation and interpretation of resources
within the Park.
(6) Terms and conditions of agreements.--Any cooperative
agreement entered into under paragraph (1) shall include terms
and conditions that ensure that--
(A) the Secretary, acting through the Director of
the National Park Service, shall have the right of
access at all reasonable times to all public portions
of the property covered by the agreement for the
purposes of--
(i) conducting visitors through the
properties; and
(ii) interpreting the properties for the
public;
(B) no changes or alterations shall be made to any
properties covered by a cooperative agreement entered
into under paragraph (1) unless the Secretary and the
other party to the agreement agree to the changes or
alterations; and
(C) any conversion, use, or disposal of a project
for purposes contrary to the purposes of this section,
as determined by the Secretary, shall entitle the
United States to reimbursement in an amount equal to
the greater of--
(i) the amounts made available to the
project by the United States; or
(ii) the portion of the increased value of
the project attributable to the amounts made
available under this subsection, as determined
at the time of the conversion, use, or,
disposal.
(7) Cost-sharing requirement.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary shall require, as a condition of the
receipt of funds under paragraph (1), that any Federal
funds made available under a cooperative agreement or
for joint visitor services facilities shall be matched
on an equal basis by non-Federal funds.
(B) Exceptions.--The cost-sharing requirement under
subparagraph (A) shall not apply to the costs incurred
for placing directional and interpretive signage,
wayside exhibits, and technology-based interpretive
devices as provided for in paragraph (1).
(C) Form of non-federal share.--With the approval
of the Secretary, the non-Federal share required under
paragraph (1) may be in the form of property, goods, or
services from a non-Federal source, fairly valued.
(f) Acquisition of Land.--
(1) In general.--The Secretary may acquire land or
interests in land within the boundary of the Park by donation,
purchase from a willing seller with donated or appropriated
funds, or exchange.
(2) Priority.--The Secretary shall give priority to the
acquisition of land or interests in land under this subsection
in the following properties:
(A) The Old Headquarters Building (Building #1).
(B) The Bachelors Officers Quarters (Building #50).
(C) Lee's Quarters (Building #17).
(D) The Parade Ground.
(E) Casemate #22.
(F) The North Beach and associated submerged land
as depicted on the map.
(G) A right of way appropriate to the cultural and
natural resource Park setting for public access between
the Fort and the North Beach area as depicted on the
map, or in a location agreed upon by the Secretary and
the Commonwealth.
(3) Donation of commonwealth-owned land.--Land or interests
in land owned by the Commonwealth or any political subdivision
of the Commonwealth may only be acquired by donation.
(4) Easements and rights of access.--The Commonwealth may
retain, or the Secretary may grant, such easements or rights of
access as may be necessary for the maintenance and operations
of utilities, infrastructure, and transportation in the Park,
subject to a determination by the Secretary that there would be
no impairment to Park resources or impacts on visitor
experiences in the Park as a result of the easements or rights
of access.
(g) Technical Assistance and Public Interpretation.--
(1) In general.--The Secretary may provide technical
assistance and public interpretation of resources within the
historic area and at any sites in close proximity to the Park
outside of the historic area that are related to events or
persons associated with the Fort, including encampments or
cemeteries of formerly enslaved persons freed at the Fort
during the Civil War.
(2) Coordination.--The Secretary may provide for the
coordination of interpretation between the Park and the Captain
John Smith Chesapeake National Historic Trail for any resources
within the boundary of the Park relating to the trail.
(h) Old Point Comfort Lighthouse.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of
Homeland Security shall enter into an interagency agreement for
the long-term protection and public interpretation of the Old
Point Comfort Lighthouse.
(2) Circumstances of agreement.--The agreement shall
specify the circumstances under which the Secretary may provide
for interpretation and visitor enjoyment of the Old Point
Comfort Lighthouse and the grounds of the Old Point Comfort
Lighthouse.
(3) No limitations on authority.--Nothing in this
subsection limits the authority of the Secretary of Homeland
Security to use the Old Point Comfort Lighthouse for
navigational or national security purposes.
(i) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are first made available to carry out this
Act, the Secretary, in consultation with the Commonwealth,
shall complete a general management plan for the Park in
accordance with--
(A) section 12(b) of the National Park System
General Authorities Act (16 U.S.C. 1a-7(b)); and
(B) any other applicable laws.
(2) Consideration of commonwealth laws, plans and
agreements.--In developing the management plan, the Secretary
shall consider--
(A) the Fort Monroe Reuse Plan;
(B) the Fort Monroe Programmatic Agreement dated
April 27, 2009 (and any amendments to the agreement);
and
(C) the State of Virginia Fort Monroe Authority
Act.
(3) Cost-sharing provisions.--The management plan shall
include provisions that identify any costs to be shared by the
Federal Government and the Commonwealth or other public or
private entities or individuals for necessary capital
improvements to, and maintenance and operations of, the Park.
(j) Limitation of Liability.--Except as mutually agreed upon in
writing, the National Park Service and the Commonwealth shall not be
responsible for liabilities outside of their respective property
ownerships.
(k) Uniform and Consistent Management.--The Secretary may cooperate
with the Commonwealth to ensure that the Park is preserved, maintained,
and operated in a uniform and consistent manner.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Fort Monroe National Historical Park Establishment Act of 2011 - Establishes the Fort Monroe National Historical Park as a unit of the National Park System in Virginia.
Authorizes the Secretary of the Interior to enter into cooperative agreements with the Commonwealth of Virginia or any other party under which the Secretary may identify, interpret, and provide assistance for the preservation of non-federal properties within the boundary of the Park or in the historic area.
Authorizes the Secretary to enter into a partnership agreement with the Fort Monroe Foundation that would benefit the preservation and interpretation of resources within the Park.
Authorizes the Secretary to provide technical assistance and public interpretation of resources within the historic area and at any sites in close proximity to the Park outside of such area that are related to events or persons associated with the Fort , including encampments and cemeteries of formerly enslaved persons freed at the Fort during the Civil War.
Allows the Secretary to provide for the coordination of interpretation between the Park and the Captain John Smith Chesapeake National Historic Trail for any resources within the Park that may relate to the Trail.
Directs the Secretary and the Secretary of Homeland Security (DHS) to enter into an interagency agreement for the long-term protection and public interpretation of the Old Point Comfort Lighthouse.
Requires the Secretary to complete a general management plan for the Park. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to establish Fort Monroe National Historical Park in the Commonwealth of Virginia, and for other purposes."} | 3,404 | 288 | 0.519992 | 1.426279 | 0.738141 | 5.964567 | 12.637795 | 0.964567 |
SECTION 1. VETERAN ELIGIBLITY FOR ASSISTIVE TECHNOLOGY PROGRAM FOR
FARMERS WITH DISABILITIES.
Section 1680 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5933) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``for individuals'' and
inserting the following: ``for--
``(A) individuals (including veterans)'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(B) veterans with disabilities who are pursuing
new farming opportunities and their families.'';
(B) in paragraph (2)--
(i) by striking ``serving individuals'' and
inserting the following: ``serving--
``(A) individuals (including veterans)'';
(ii) by striking the period at the end and
inserting ``; and'';
(iii) by adding at the end the following:
``(B) veterans with disabilities, and their
families, who are pursuing new farming
opportunities.'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``to individuals''
and inserting the following: ``to--
``(i) individuals (including veterans)'';
(II) by inserting ``and'' after the
semicolon; and
(III) by adding at the end the
following new clause:
``(ii) veterans with disabilities who are
pursuing new farming opportunities;'';
(ii) in subparagraph (B)--
(I) by striking ``to accommodate
individuals'' and inserting the
following: ``to accommodate--
``(i) individuals (including veterans)'';
(II) by inserting ``and'' after the
semicolon; and
(III) by adding at the end the
following new clause:
``(ii) veterans with disabilities who are
pursuing farming, farm living and farm-related
tasks;''; and
(iii) in subparagraph (C), by inserting
``(including mental health providers)'' after
``professionals'';
(iv) in subparagraph (D)--
(I) by inserting ``(including
mental health providers)'' after
``health care providers'';
(II) by striking ``to individuals''
and inserting the following: ``to--
``(i) individuals (including veterans)'';
and
(III) by adding at the end the
following new clause:
``(ii) veterans with disabilities, and
their families, who are pursuing new farming
opportunities; and''; and
(IV) by striking ``and'' at the
end; and
(v) in subparagraph (E)--
(I) by inserting ``(including
veterans)'' after ``farmers with
disabilities''; and
(II) by striking the period at the
end and inserting ``; and''; and
(vi) by adding at the end the following new
subparagraph:
``(F) provide behavioral therapy programs that
would assist veterans with mental service-connected
disabilities, such as post-traumatic stress
disorder.'';
(2) in subsection (b)--
(A) by inserting ``(including veterans)'' after
``individuals''; and
(B) by inserting ``or, in the case of veterans with
disabilities, who are pursuing new farming
opportunities'' before the period at the end;
(3) in subsection (c)(1)(B), by striking ``2018'' and
inserting ``2023''; and
(4) by adding at the end the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `disability' has the meaning given such term
in section 3(1) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102(1)).
``(2) The term `veteran' has the meaning given such term in
section 101 of title 38, United States Code.''. | This bill amends the Food, Agriculture, Conservation, and Trade Act of 1990 to reauthorize and modify the Department of Agriculture Assistive Technology Program for Farmers with Disabilities. (The program provides grants for programs to provide agricultural education and assistance directed at accommodating disability in farm operations for disabled individuals and family members engaged in farming and farm-related occupations.) The bill modifies the program to specify that veterans are eligible for assistance under the program, including disabled veterans and family members who: (1) are engaged in farming and farm-related occupations, and (2) are pursuing new farming opportunities. The bill also permits the grants to be used for programs that provide behavioral therapy programs to assist veterans with mental service-connected disabilities, such as post-traumatic stress disorder. | {"src": "billsum_train", "title": "To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide eligibility under the assistive technology program for farmers with disabilities to veterans with disabilities and their families."} | 958 | 159 | 0.598267 | 1.542175 | 0.663481 | 2.622517 | 5.827815 | 0.754967 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lifetime Pension Annuity for You Act
of 2005''.
SEC. 2. EXCLUSION FOR LIFETIME INCOME PAYMENTS.
(a) Lifetime Income Payments Under Annuity Contracts.--Subsection
(b) of section 72 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(5) Exclusion for lifetime income payments.--
``(A) In general.--In the case of lifetime income
payments received under one or more annuity contracts
(which are not taken into account under subparagraph
(B)) in any taxable year, gross income shall not
include 50 percent of the portion of such payments
which would (without regard to this paragraph) be
includible in gross income under this section. For
purposes of the preceding sentence, the amount
excludible from gross income in any taxable year shall
not exceed $5,000 (twice such amount in the case of
joint return).
``(B) Lower percentage exclusion and separate
limitation for annuities provided under certain
retirement plans.--In the case of lifetime income
payments received under any qualified retirement plan
(as defined in section 4974(c)), or any eligible
deferred compensation plan (as defined in section
457(b)) of an eligible employer described in section
457(e)(1)(A), gross income shall not include 25 percent
of the portion of such payments which would (without
regard to this paragraph) be includible in gross income
under this section. For purposes of the preceding
sentence, the amount excludible from gross income in
any taxable year shall not exceed $5,000 (twice such
amount in the case of a joint return).
``(C) Cost-of-living adjustment.--In the case of
taxable years beginning after December 31, 2006, the
$5,000 amounts in subparagraphs (A) and (B) shall each
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2005'
for `calendar year 1992' in subparagraph (B)
thereof.
If any amount as increased under the preceding sentence
is not a multiple of $100, such amount shall be rounded
to the next lower multiple of $100.
``(D) Application of paragraph.--Subparagraphs (A)
and (B) shall not apply to--
``(i) any amount received under a defined
benefit plan,
``(ii) any amount paid under an annuity
contract that is received by the beneficiary
under the contract--
``(I) after the death of the
annuitant in the case of payments
described in subsection
(c)(5)(A)(ii)(III), unless the
beneficiary is the surviving spouse of
the annuitant, or
``(II) after the death of the
annuitant and joint annuitant in the
case of payments described in
subsection (c)(5)(A)(ii)(IV), unless
the beneficiary is the surviving spouse
of the last to die of the annuitant and
the joint annuitant, or
``(iii) any annuity contract that is a
qualified funding asset (as defined in section
130(d)), but without regard to whether there is
a qualified assignment.
``(E) Investment in the contract.--For purposes of
this section, the investment in the contract shall be
determined without regard to this paragraph.''.
(b) Definitions.--Subsection (c) of section 72 of such Code is
amended by adding at the end the following new paragraph:
``(5) Lifetime income payments.--
``(A) In general.--For purposes of subsections (b)
and (x), the term `lifetime income payment' means any
amount received as an annuity under any portion of an
annuity contract, but only if--
``(i) the only person (or persons in the
case of payments described in subclause (II) or
(IV) of clause (ii)) legally entitled (by
operation of the contract, a trust, or other
legally enforceable means) to receive such
amount during the life of the annuitant or
joint annuitant is such annuitant or joint
annuitant, and
``(ii) such amount is part of a series of
substantially equal periodic payments made not
less frequently than annually over--
``(I) the life of the annuitant,
``(II) the lives of the annuitant
and a joint annuitant, but only to the
extent that the requirement of
subparagraph (D) is met,
``(III) the life of the annuitant
with a minimum period of payments or
with a minimum amount that must be paid
in any event, or
``(IV) the lives of the annuitant
and a joint annuitant with a minimum
period of payments or with a minimum
amount that must be paid in any event,
but only to the extent that the
requirement of subparagraph (D) is met.
``(iii) Exceptions.--For purposes of clause
(ii), annuity payments shall not fail to be
treated as part of a series of substantially
equal periodic payments--
``(I) because the amount of the
periodic payments may vary in
accordance with investment experience,
reallocations among investment options,
actuarial gains or losses, cost of
living indices, a constant percentage
(not less than zero) applied not less
frequently than annually, or similar
fluctuating criteria,
``(II) due to the existence of, or
modification of the duration of, a
provision in the contract permitting a
lump sum withdrawal after the annuity
starting date,
``(III) because the period between
each such payment is lengthened or
shortened, but only if at all times
such period is no longer than one
calendar year,
``(IV) because the payments are
reduced on account of a qualified
domestic relations order (within the
meaning of section 414(p)) which
becomes effective after the
commencement of the annuity payments,
or
``(V) because, in the case of an
annuity payable over the lives of the
annuitant and a joint annuitant, the
amounts paid after the death of the
annuitant or joint annuitant are less
than the amounts payable during their
joint lives.
``(B) Minimum period of payments.--For purposes of
subparagraph (A), the term `minimum period of payments'
means a guaranteed term of payments that does not
exceed the greater of 10 years or--
``(i) the life expectancy of the annuitant
as of the annuity starting date, in the case of
lifetime income payments described in
subparagraph (A)(ii)(III), or
``(ii) the life expectancy of the annuitant
and joint annuitant as of the annuity starting
date, in the case of lifetime income payments
described in subparagraph (A)(ii)(IV).
For purposes of this subparagraph, life expectancy
shall be computed with reference to the tables
prescribed by the Secretary under paragraph (3). For
purposes of subsection (x)(1)(C)(ii), the minimum
period of payments shall be determined as of the
annuity starting date and reduced by one for each
subsequent year.
``(C) Minimum amount that must be paid in any
event.--For purposes of subparagraph (A), the term
`minimum amount that must be paid in any event' means
an amount payable to the designated beneficiary under
an annuity contract that is in the nature of a refund
and does not exceed the greater of the amount applied
to produce the lifetime income payments under the
contract or the amount, if any, available for
withdrawal under the contract on the date of death.
``(D) Special rules for joint annuitants.--For
purposes of subclauses (II) and (IV) of subparagraph
(A)(ii), the requirement of this subparagraph is met
only to the extent that--
``(i) the annuitant is the spouse of the
joint annuitant as of the annuity starting
date,
``(ii) the difference in age between the
annuitant and joint annuitant is 15 years or
less,
``(iii) in the case of any payment received
under an annuity contract described in
subsection (b)(5)(A), such payment is made to
or for the benefit of the individual who
furnished the consideration for such annuity
contract, or
``(iv) in the case of any payment received
under a plan described in subsection (b)(5)(B),
such payment is made to or for the benefit of
the employee or the individual for whose
benefit the plan was established.
``(6) Annuity contract.--For purposes of paragraph (5) and
subsection (b)(5), the term `annuity contract' means a
commercial annuity (as defined by section 3405(e)(6)), other
than an endowment or life insurance contract.''.
(c) Recapture Tax for Lifetime Income Payments.--Section 72 of such
Code is amended by redesignating subsection (x) as subsection (y) and
by inserting after subsection (v) the following new subsection:
``(x) Recapture Tax for Modifications to or Reductions in Lifetime
Income Payments.--
``(1) In general.--If any amount received under an annuity
contract is excluded from income by reason of subsection (b)(5)
(relating to exclusion for lifetime income payments), and--
``(A) the series of payments under such contract is
subsequently modified so any future payments are not
lifetime income payments,
``(B) after the date of receipt of the first
lifetime income payment under the contract an annuitant
receives a lump sum and thereafter is to receive
annuity payments in a reduced amount under the
contract, or
``(C) after the date of receipt of the first
lifetime income payment under the contract the dollar
amount of any subsequent annuity payment is reduced and
a lump sum is not paid in connection with the
reduction, unless such reduction is--
``(i) due to an event described in
subsection (c)(5)(A)(iii), or
``(ii) due to the addition of, or increase
in, a minimum period of payments within the
meaning of subsection (c)(5)(B) or a minimum
amount that must be paid in any event (within
the meaning of subsection (c)(5)(C)),
then gross income for the first taxable year in which
such modification or reduction occurs shall be
increased by the recapture amount.
``(2) Recapture amount.--
``(A) In general.--For purposes of this subsection,
the recapture amount shall be the amount, determined
under rules prescribed by the Secretary, equal to the
amount that (but for subsection (b)(5)) would have been
includible in the taxpayer's gross income if the
modification or reduction described in paragraph (1)
had been in effect at all times, plus interest for the
deferral period at the underpayment rate established by
section 6621.
``(B) Deferral period.--For purposes of this
subsection, the term `deferral period' means the period
beginning with the taxable year in which (without
regard to subsection (b)(5)) the payment would have
been includible in gross income and ending with the
taxable year in which the modification described in
paragraph (1) occurs.
``(3) Exceptions to recapture tax.--Paragraph (1) shall not
apply in the case of any modification or reduction that occurs
because an annuitant--
``(A) dies or becomes disabled (within the meaning
of subsection (m)(7)),
``(B) becomes a chronically ill individual within
the meaning of section 7702B(c)(2), or
``(C) encounters hardship.''.
(d) Lifetime Distributions of Life Insurance Death Benefits.--
(1) In general.--Subsection (d) of section 101 of such Code
(relating to payment of life insurance proceeds at a date later
than death) is amended by redesignating paragraph (3) as
paragraph (4) and inserting after paragraph (2) the following
new paragraph:
``(3) Exclusion for lifetime income payments.--
``(A) In general.--In the case of amounts to which
this subsection applies, gross income shall not include
the lesser of--
``(i) 50 percent of the portion of lifetime
income payments (within the meaning of section
72(c)(5), applied with the substitutions
described in subparagraph (B)) otherwise
includible in gross income under this section
(determined without regard to this paragraph),
or
``(ii) the amount in effect under section
72(b)(5)(A).
``(B) Recapture and other special rules.--For
purposes of this paragraph, rules similar to the rules
of subparagraphs (D) and (E) of section 72(b)(5) and
section 72(x) shall be applied by substituting
`beneficiary of the life insurance contract' for
`annuitant' and `life insurance contract' for `annuity
contract' therein.''.
(2) Conforming amendment.--Paragraph (1) of section 101(d)
of such Code is amended by inserting ``or paragraph (3)'' after
``to the extent not excluded by the preceding sentence''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to amounts received in calendar years beginning after the
date of the enactment of this Act.
(2) Special rule for existing contracts.--In the case of a
contract in force on the date of the enactment of this Act that
does not satisfy the requirements of section 72(c)(5)(A) of the
Internal Revenue Code of 1986 (as added by this section), any
modification to such contract (including a change in ownership)
or to the payments thereunder that is made to satisfy the
requirements of such section shall not result in the
recognition of any gain or loss, any amount being included in
gross income, or any addition to tax that otherwise might
result from such modification, but only if the modification is
completed prior to the date that is 2 years after the date of
the enactment of this Act. | Lifetime Pension Annuity for You Act of 2005 - Amends the Internal Revenue Code to allow an exclusion from gross income for 50 percent of the amount otherwise includible in gross income as lifetime income payments from certain annuity contracts. Limits the amount of such exclusion to $5,000 in any taxable year. Provides for an inflation adjustment of the $5,000 limitation beginning in 2007. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage guaranteed lifetime income payments by excluding from income a portion of such payments."} | 3,237 | 82 | 0.616457 | 1.425183 | 0.937739 | 2.449275 | 42.347826 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Jobs First Act of 2011''.
SEC. 2. EXTENSION AND MODIFICATION OF DIVIDENDS RECEIVED DEDUCTION FOR
CERTAIN REPATRIATED FOREIGN EARNINGS.
(a) In General.--Section 965 of such Code is amended by adding at
the end the following new subsection:
``(g) Temporary Extension and Modification.--
``(1) In general.--In the case of an election under this
subsection, subsection (f)(1) shall be applied by substituting
`the date of the enactment of subsection (g)' for `the date of
the enactment of this section'.
``(2) Percentage deductible.--
``(A) In general.--In the case of an election under
this subsection, subsection (a)(1) shall be applied by
substituting `the applicable percentage' for `85
percent'.
``(B) Applicable percentage.--For purposes of this
section, the applicable percentage is 29 percent,
increased by the number of percentage points determined
with respect to the taxpayer under subparagraph (C).
``(C) Increased deduction for payroll expansion.--
``(i) In general.--For purposes of
subparagraph (B), the number of percentage
points determined with respect to a taxpayer
under this subparagraph shall be--
``(I) so much of the percentage
increase, if any, in the taxpayer's
qualified payroll for all quarters
ending during the taxable year as
compared to the qualified payroll for
the same quarters during the taxpayer's
taxable year ending during 2010 as does
not exceed 14 percent, multiplied by
``(II) 4.
``(ii) Qualified payroll.--For purposes of
this subparagraph, the term `qualified payroll'
means the amount of all wages (within the
meaning of section 3121(a)) paid or incurred by
the taxpayer to the employees of such taxpayer,
except that, with respect to each such
employee, such wages shall be taken into
account only to the extent that such wages do
not exceed the contribution and benefit base as
determined under section 230 of the Social
Security Act.
``(iii) Railway labor.--In the case of
remuneration subject to the tax imposed by
section 3221(a), clause (ii) shall be applied
by substituting `all compensation (within the
meaning of section 3231(e))' for `all wages
(within the meaning of section 3121(a))'.
``(iv) Special rule for converted
employees.--For purposes of this subparagraph--
``(I) In general.--The wages of any
specified individual shall not be taken
into account.
``(II) Specified individual.--
Except as provided by the Secretary,
the term `specified individual' means
any individual who, during the 2-year
period ending on the date of the
enactment of this subsection, performed
services directly or indirectly for the
taxpayer and was treated for purposes
of employment taxes as not an employee
with respect to the performance of such
services.
``(3) Special rules.--
``(A) Recapture in case of payroll decrease during
recapture period.--The Secretary shall, by regulations,
provide for recapturing any portion of the benefit
under any deduction allowable by this subsection, and
attributable to paragraph (2)(C), to the extent--
``(i) the taxpayer's qualified payroll for
all quarters ending during the taxable year for
which the such deduction was allowed, exceeds
``(ii) the taxpayer's qualified payroll for
all quarters ending during either of the 2
taxable years following the taxable year with
respect to which such deduction was allowed.
``(B) Controlled groups.--All employers treated as
a single employer under section (a) or (b) of section
52 shall be treated as a single employer for purposes
of this subsection.''.
(b) Conforming Amendment.--
(1) Subsection (b) of section 965 of such Code is amended
by striking paragraph (4).
(2) Section 965 of such Code is amended by striking ``June
30, 2003'' each place it occurs and inserting ``June 30,
2010''.
(3) Subparagraph (B) of section 965(b)(3) of such Code is
amended by striking ``October 3, 2004'' and inserting ``October
1, 2011''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years ending on or after the date of the enactment of this
Act | American Jobs First Act of 2011 - Amends the Internal Revenue Code to extend the election to deduct dividends received by a domestic corporation from a controlled foreign corporation. Increases the amount of such deduction by increases in the payroll of the domestic corporation over the previous taxable year. Requires the Secretary of the Treasury to provide, by regulations, for a recapture of any portion of the increased tax deduction allowed to a domestic corporation if such corporation's payroll decreases during either of the two taxable years following the taxable year in which the increased deduction was allowed. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow temporarily a reduced rate of tax with respect to repatriated foreign earnings."} | 1,050 | 125 | 0.539835 | 1.285061 | 0.570039 | 1.855856 | 8.351351 | 0.738739 |
SECTION 1. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Section 3135 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public
Law 106-398) amended section 3154 of the Department of Energy
Facilities Safeguards, Security, and Counterintelligence
Enhancement Act of 1999 (subtitle D of title XXXI of Public Law
106-65) to increase the requirements for polygraphs of
Department of Energy employees and contractors under the
Department counterintelligence polygraph program.
(2) On January 26, 2001, the Division of Behavioral and
Social Sciences and Education of the National Research Council
of the National Academy of Sciences organized the initial
meeting of the Committee to Review the Scientific Evidence on
the Polygraph. The results of that review will address the
scientific validity of the polygraph for counterintelligence
screening purposes. Those results are expected in June 2002.
(3) On June 28, 2000, the first Administrator of the
National Nuclear Security Administration of the Department of
Energy began work. Personnel security is one of the
responsibilities of the Administrator. The review referred to
in paragraph (2) will provide invaluable guidance to the
Administrator in implementing the optimal personnel security
system for the national security programs of the Department.
(4) The widespread use of polygraphs, in the absence of
confidence in their scientific validity, is of great concern to
many Department of Energy employees and contractors. Such
concern could seriously undermine the morale of those employees
and contractors and could significantly affect the ability of
the Department and its contractors to recruit and retain the
scientific staff required to accomplish the national security
mission of the Department.
(5) Any polygraphs under the Department of Energy
counterintelligence polygraph program require a high level of
rigor in administration and careful attention to the protection
of individual rights commensurate with the rigor in such
matters under drug testing programs of the Department of
Transportation.
(b) New Counterintelligence Polygraph Program.--(1)(A) Not later
than 120 days after the date of enactment of this Act, the Secretary of
Energy shall submit to the congressional defense committees a plan for
conducting, as part of the Department of Energy personnel assurance
programs, an interim counterintelligence polygraph program consisting
of periodic polygraph examinations of Department of Energy employees,
or contractor employees, at Department facilities who have, or may
have, access to Restricted Data or Sensitive Compartmented Information.
The purpose of examinations under the interim program is to minimize
the potential for release or disclosure of classified data, materials,
or information.
(B) The plan shall exclude from examinations under the interim
program any position or class of positions for which the individual or
individuals in such position or class of positions--
(i) operate in a controlled environment that does not
afford an opportunity, through action solely by the individual
or individuals, to inflict damage on or impose risks to
national security; and
(ii) have duties, functions, or responsibilities which are
compartmentalized or supervised such that the individual or
individuals do not impose risks to national security.
(C) The plan shall assure that individuals who undergo examinations
under the interim program receive protections as provided under part 40
of title 49, Code of Federal Regulations.
(D) To ensure that administration of the interim program does not
disrupt safe operations of a facility, the plan shall insure
notification of the management of the facility at least 14 days in
advance of any examination scheduled under the interim program for any
employees of the facility.
(E) The plan shall include procedures under the interim program
for--
(i) identifying and addressing so-called ``false
positive'' results of polygraph examinations; and
(ii) ensuring that adverse personnel actions not be
taken against an individual solely by reason of the
individual's physiological reaction to a question in a
polygraph examination, unless reasonable efforts are
first made to independently determine through
alternative means the veracity of the individual's
response to the question.
(2)(A) Not later than six months after obtaining the results of the
Polygraph Review, the Secretary prescribe requirements for a
counterintelligence polygraph program for the Department of Energy. The
purpose of the program shall be the same as the purpose of the interim
program under paragraph (1).
(B) The Secretary shall prescribe requirements under this paragraph
in accordance with the provisions of subchapter II of chapter 5 of
title 5, United States Code (commonly referred to as the Administrative
Procedures Act).
(C) In prescribing requirements under this paragraph, the Secretary
may include in such requirements any requirement or exclusion provided
for in subparagraphs (B) through (E) of paragraph (1).
(D) In prescribing requirements under this paragraph, the Secretary
shall take into account the results of the Polygraph Review.
(c) Repeal of Existing Polygraph Program.--Section 3154 of the
Department of Energy Facilities Safeguards, Security, and
Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI
of Public Law 106-65; 42 U.S.C. 7383h) is repealed.
(d) Report on Further Enhancement of Personnel Security Program.--
(1) Not later than December 31, 2002, the Administrator for Nuclear
Security shall submit to Congress a report setting forth the
recommendations of the Administrator for any legislative action that
the Administrator considers appropriate in order to enhance the
personnel security program of the Department of Energy.
(2) Any recommendations under paragraph (1) regarding the use of
polygraphs shall take into account the results of the Polygraph Review.
(e) Definitions.--In this section:
(1) The term ``congressional defense committees'' means--
(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
(2) The term ``Polygraph Review'' means the review of the
Committee to Review the Scientific Evidence on the Polygraph of
the National Academy of Sciences.
(3) The term ``Restricted Data'' has the meaning given that
term in section 11 y. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(y)). | Directs the Secretary of Energy to submit to the congressional defense and appropriations committees a plan for conducting an interim counterintelligence polygraph program consisting of periodic polygraph examinations of Department of Energy employees, or contractor employees, who have or may have access to Restricted Data or Sensitive Compartmented Information. Requires the Secretary, within six months after obtaining the results of a polygraph review conducted by the Division of Behavioral and Social Sciences and Education of the National Research Council of the National Academy of Sciences, to prescribe requirements for a Department counterintelligence polygraph program.Amends the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 to repeal the existing Department polygraph program.Directs the Administrator for Nuclear Security to submit to Congress recommendations for necessary legislative action to enhance the Department's personnel security program. | {"src": "billsum_train", "title": "A bill to provide for the establishment of a new counterintelligence polygraph program for the Department of Energy, and for other purposes."} | 1,359 | 185 | 0.674437 | 2.022709 | 0.902105 | 4.641892 | 8.567568 | 0.952703 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Heritage Firearms Act of
2004''.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.
(a) Registration.--Subject to such regulations as the Attorney
General may prescribe, the applicable veteran or a member of such a
veteran's family, who owns and possesses a qualifying firearm, may
register such firearm in the National Firearms Registration and
Transfer Record (described in section 5841 of the Internal Revenue Code
of 1986) during the amnesty period.
(b) Qualifying Firearm.--
(1) In general.--For purposes of this section, the term
``qualifying firearm'' means any firearm which was acquired--
(A) before October 31, 1968; and
(B) by a veteran, while such veteran was a member
of the Armed Forces and was stationed outside the
continental United States.
(2) Presumption of validity.--With respect to any firearm,
in the absence of clear and convincing evidence to the contrary
the Attorney General shall accept as true and accurate any
affidavit, document, or other evidence submitted by an
individual to establish that such firearm meets the
requirements of paragraph (1).
(c) Hearings.--If the Attorney General determines that any
individual may not register a firearm under subsection (a) during the
amnesty period, the Attorney General, upon the request of such
individual, shall--
(1) provide such individual any evidence on which the
Attorney General's decision is based; and
(2) promptly hold a hearing to review such determination.
(d) Limited Immunity.--
(1) Criminal liability under title 18.--Any individual who
registers a firearm under subsection (a)--
(A) shall be treated, for purposes of subsections
(a)(3), (o), (v), and (w) of section 922 of title 18,
United States Code, as having lawfully acquired and
possessed the firearm before the date of the enactment
of chapter 44 of such title and each of such chapter's
provisions; and
(B) shall not be liable under chapter 44 of title
18, United States Code, for any violation of such
chapter which--
(i) is based solely on such individual's
ownership, possession, transportation,
importation, or alteration of such firearm; and
(ii) occurred before or concurrent with
such registration.
(2) Criminal liability under internal revenue code.--Except
as provided in paragraph (3), any individual who registers a
firearm under subsection (a) shall not be liable under chapter
53 or 75 of the Internal Revenue Code of 1986 for any violation
of such chapters which relates to such firearm and which
occurred before or concurrent with such registration.
(3) Transfer tax liability.--Paragraph (2) shall not affect
the liability of any individual for any transfer tax imposed
under section 5811 of the Internal Revenue Code of 1986.
(4) Attempts to register.--In the case of an applicable
veteran or a member of such a veteran's family who attempts to
register a qualifying firearm in the National Firearms
Registration and Transfer Record at a time other than during
the amnesty period, paragraphs (1), (2), and (3) shall apply
with respect to such individual if such individual surrenders
such firearm to a law enforcement agency not later than 30 days
after notification by the Attorney General of potential
criminal liability for continued possession of the firearm.
(e) Forfeiture.--Any firearm registered under subsection (a) shall
not be subject to seizure or forfeiture under chapter 53 or 75 of the
Internal Revenue Code or chapter 44 of title 18, United States Code,
for any violation of such chapters which relates to such firearm and
which occurred before or concurrent with such registration.
(f) Notice; Forms; Mailbox Rule.--
(1) Notice of amnesty period.--The Attorney General shall
provide clear printed notices providing information regarding
the amnesty period and registering a firearm during such
period. To the extent feasible, the Attorney General shall
ensure that such notices are posted in post offices, law
enforcement buildings, buildings of the Department of Veterans
Affairs, and in the businesses of licensed firearms dealers.
(2) Forms.--The Attorney General shall make available any
forms necessary for registering a firearm in the National
Firearms Registration and Transfer Record. To the extent
feasible, the Attorney General shall make such forms available
in the locations referred to in paragraph (1) and through the
website for the Bureau of Alcohol, Tobacco, Firearms, and
Explosives.
(3) Mailbox rule.--For purposes of this section, the
Attorney General shall treat any form that is postmarked during
the amnesty period as received during the amnesty period.
(g) Definitions.--For purposes of this section:
(1) Amnesty period.--The term ``amnesty period'' means the
90-day period beginning on the date that is 90 days after the
date of the enactment of this Act.
(2) Firearm.--The term ``firearm'' has the meaning given
such term in section 5845 of the Internal Revenue Code of 1986,
except that such term does not include--
(A) any device described in subsection (f)(1) of
such section; or
(B) any combination of parts--
(i) designed or intended for use in
converting any device into a device described
in subparagraph (A); or
(ii) from which a device described in
subparagraph (A) may be readily assembled.
(3) Applicable veteran.--With respect to any firearm, the
term ``applicable veteran'' means the veteran described in
subsection (b)(1)(B).
(4) Veteran.--The term ``veteran'' has the meaning given
such term in section 101(2) of title 38, United States Code.
(5) Family.--The term ``family'' means, with respect to a
veteran, the grandparents of such veteran, the grandparents of
such veteran's spouse, the lineal descendants of such
grandparents, and any spouse of such a lineal descendant. A
spouse of an individual who is legally separated from such
individual under a decree of divorce or separate maintenance
shall be treated as such individual's spouse for purposes of
this paragraph. Individuals related by the half blood or by
legal adoption shall be treated as if they were related by the
whole blood for purposes of this paragraph.
(6) Continental united states.--The term ``continental
United States'' means the several States and the District of
Columbia, but does not include Alaska or Hawaii.
SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.
(a) Transfer of Forfeited Firearms to Museums.--
(1) In general.--The Attorney General shall transfer each
firearm which has been forfeited to the United States to the
first qualified museum that submits a request for such firearm
in such form and manner as the Attorney General may specify.
(2) Destruction of forfeited firearms prohibited.--The
Attorney General shall not destroy any firearm which has been
forfeited to the United States until the end of the 5-year
period beginning on the date of such forfeiture.
(3) Catalogue of firearms.--With respect to each firearm
which is available to be transferred to a museum under
paragraph (1), the Attorney General shall, not later than 60
days after the forfeiture of such firearm, publish information
which identifies such firearm (including a picture) on the web
page of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives. Such information shall be available to the public
without cost and without restriction.
(4) Registration of firearms.--Any firearm transferred
under paragraph (1) to a qualified museum shall be registered
to the transferee in the National Firearms Registration and
Transfer Record (described in section 5841 of the Internal
Revenue Code of 1986).
(5) Firearm.--For purposes of this subsection, the term
``firearm'' means any firearm (as defined in section 2(g)(2))
which is treated as a curio or relic under chapter 44 of title
18, United States Code.
(6) Qualified museum.--For purposes of this subsection, the
term ``qualified museum'' means--
(A) any museum owned or operated by a unit of
Federal, State, or local government; and
(B) any museum which--
(i) is open to the public;
(ii) is incorporated as not-for-profit
corporation under applicable state law;
(iii) may possess a firearm in the
collection of the museum under the laws of the
State in which the collection of the museum is
displayed;
(iv) holds a license under chapter 44 of
title 18, United States Code, as a collector of
curios or relics; and
(v) certifies to the Attorney General
that--
(I) the museum is not engaged in
the trade or business of buying or
selling firearms,
(II) with respect to the transfer
of any firearm under paragraph (1), the
museum is not requesting the transfer
of such firearm for purpose of sale,
and
(III) the museum shall, not later
than 90 days after the date on which
such museum ceases operations, file an
application pursuant to chapter 53 of
the Internal Revenue Code of 1986 to
transfer any machinegun transferred to
the museum under paragraph (1) to an
entity or person who may lawfully
possess such machinegun under section
922(o) of title 18, United States Code,
or abandon such machinegun to Federal,
State, or local law enforcement
authorities.
(b) Transfer of Machineguns to Museums.--Section 922(o)(2) of title
18, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) a transfer to or by, or possession by, a museum which
is open to the public and incorporated as a not-for-profit
corporation under applicable State law; or''. | Veterans' Heritage Firearms Act of 2004 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the armed forces stationed outside the continental United States. Grants such an individual limited immunity under the Federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession.
Requires the Attorney General to: (1) transfer each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it; and (2) publish information identifying each such firearm which is available to be transferred to a museum. Prohibits the Attorney General from destroying any such firearm which has been forfeited until five years after the forfeiture. Requires that any firearm transferred to a qualified museum be registered to the transferee.
Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law. | {"src": "billsum_train", "title": "To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes."} | 2,247 | 330 | 0.628524 | 1.878608 | 0.902094 | 4.172161 | 7.56044 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Asset Inventory Reform
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cadastre.--The term ``cadastre'' means an inventory of
real property of the Federal Government developed through
collecting, storing, retrieving, or disseminating graphical or
digital data depicting natural or man-made physical features,
phenomena, or boundaries of the earth and any information
related to the data, including surveys, maps, charts, satellite
and airborne remote sensing data, images, and services, with
services performed by professionals such as surveyors,
photogrammetrists, hydrographers, geodesists, cartographers,
and other such services of an architectural or engineering
nature including the following data layers:
(A) A reference frame consisting of a current
geodetic network.
(B) A series of current, accurate large-scale maps.
(C) An existing cadastral boundary overlay
delineating all cadastral parcels.
(D) A system for indexing and identifying each
cadastral parcel.
(E) A series of land data files, each including the
parcel identifier, that--
(i) can be used to retrieve information and
cross-reference between and among other data
files;
(ii) contain information about the use,
assets, and infrastructure of each parcel; and
(iii) designate any parcels that the
Secretary determines can be better managed
through ownership by a non-Federal entity,
including a State, local, or tribal government,
nonprofit organization, or the private sector.
(2) Real property.--The term ``real property'' means land,
buildings, crops, forests, and other resources attached to or
within the land or improvements or fixtures permanently
attached to the land or a structure on the property, including
any interest, benefit, right, or privilege in the property.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CADASTRE OF FEDERAL LAND.
(a) In General.--The Secretary shall develop and maintain a current
and accurate multipurpose cadastre of Federal real property to support
Federal land management activities, including--
(1) resource development and conservation;
(2) agricultural use;
(3) active forest management;
(4) environmental protection; and
(5) use of real property.
(b) Cost-Sharing Agreements.--
(1) In general.--The Secretary may enter into cost-sharing
agreements with States to include any non-Federal land in a
State in the cadastre.
(2) Cost share.--The Federal share of any cost agreement
described in paragraph (1) shall not exceed 50 percent of the
total cost to a State for the development of the cadastre of
non-Federal land in the State.
(c) Consolidation and Report.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
on--
(1)(A) the real property inventories or any components of
any cadastre that--
(i) exist as of the date of enactment of this Act;
and
(ii) are authorized by law or conducted by the
Secretary;
(B) the statutory authorization for each inventory or
component; and
(C) the amount expended by the Federal Government for the
inventory or component for fiscal year 2015;
(2) the inventories and components described in paragraph
(1)(A) that will be eliminated or consolidated into the
multipurpose cadastre authorized by this Act;
(3) the inventories and components described in paragraph
(1)(A) that will not be eliminated or consolidated into the
multipurpose cadastre authorized by this Act, with a
justification for not terminating or consolidating the
inventories and components in the multipurpose cadastre
authorized by this Act;
(4) the use of real property inventories or any components
of any cadastre that--
(A) exist as of the date of enactment of this Act;
(B) are conducted by any unit of a State or local
government; and
(C) can be used to identify Federal real property
within the unit;
(5) the cost-savings that will be achieved by eliminating
or consolidating duplicative or unneeded real property
inventories or any components described in paragraph (1)(A)
that will become part of the multipurpose cadastre authorized
by this Act;
(6) in consultation with the Director of the Office of
Management and Budget, the Administrator of General Services,
and the Comptroller General of the United States, all cadastres
and inventories authorized, operated, or maintained by all
other executive agencies of the Federal Government, including
each of the components of the assessment described in
paragraphs (1) through (5); and
(7) recommendations for any legislation necessary to
increase the cost-savings and enhance the effectiveness and
efficiency of replacing, eliminating, or consolidating real
property inventories or any components of a cadastre described
in paragraph (1)(A).
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretary shall--
(A) participate (in accordance with section 216 of
the E-Government Act of 2002 (44 U.S.C. 3501 note;
Public Law 107-347)) in the establishment of such
standards and common protocols as are necessary to
ensure the interoperability of geospatial information
pertaining to the cadastre for all users of the
information;
(B) coordinate with, seek assistance and
cooperation of, and provide liaison to the Federal
Geographic Data Committee pursuant to Office of
Management and Budget Circular A-16 and Executive Order
12906 (43 U.S.C. 1457 note; relating to coordinating
geographic data acquisition and access: the National
Spatial Data Infrastructure) for the implementation of
and compliance with such standards as may be applicable
to the cadastre;
(C) make the cadastre interoperable with the
Federal Real Property Profile established pursuant to
Executive Order 13327 (40 U.S.C. 121 note; relating to
Federal real property asset management);
(D) integrate with and leverage, to the maximum
extent practicable, cadastre activities of units of
State and local government; and
(E) use contracts with the private sector, to the
maximum extent practicable, to provide such products
and services as are necessary to develop the cadastre.
(2) Contracts considered surveying and mapping.--Contracts
entered into under paragraph (1)(E) shall be considered
surveying and mapping services as such term is used and as such
contracts are awarded in accordance with the selection
procedures described in chapter 11 of title 40, United States
Code.
SEC. 4. TRANSPARENCY AND PUBLIC ACCESS.
The Secretary shall--
(1) make the cadastre required under this Act publically
available on the Internet in a graphically geoenabled and
searchable format;
(2) ensure that the inventory required under section 3
includes the identification of all land and parcels suitable
for disposal by resource management plans under the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.); and
(3) in consultation with the Secretary of Defense and the
Secretary of Homeland Security, prevent the disclosure of the
identity of any 1 or more parcels of land, and buildings or
facilities on the parcels, or information related to the
parcels, if the disclosure would impair or jeopardize the
national security or homeland defense of the United States.
SEC. 5. RIGHT OF ACTION.
Nothing in this Act creates any substantive or procedural right or
benefit. | Federal Land Asset Inventory Reform Act of 2015 Directs the Department of the Interior to develop and maintain a current, accurate multipurpose cadastre of federal real property (an inventory of real property of the federal government) to assist with federal land management activities, including resource development and conservation, agricultural use, active forest management, environmental protection, and use of real property. Authorizes Interior to enter into cost-sharing agreements with states to include any nonfederal land in a state in such cadastre. Limits the federal share of any such agreement to 50% of the total cost to a state for the development of the cadastre of the nonfederal land in the state. Requires Interior to submit a report, covering all cadastres and inventories authorized, operated, or maintained by all executive agencies, on: (1) existing real property inventories or any components of any cadastre, (2) consolidation of inventories and components, (3) the use of existing inventories and components of any cadastre, (4) cost savings that will be achieved, and (5) recommendations for legislation. Requires Interior to: (1) make the cadastre required under this Act available on the Internet in a graphically geoenabled and searchable format; (2) ensure that the inventory required under this Act includes the identification of all lands and parcels suitable for disposal by resource management plans conducted under the Federal Land Policy and Management Act of 1976; and (3) prevent the disclosure of the identity of any one or more parcels of land, buildings or facilities on the parcels or information related to those parcels, if this would impair or jeopardize national security or homeland defense. | {"src": "billsum_train", "title": "Federal Land Asset Inventory Reform Act of 2015"} | 1,706 | 360 | 0.644139 | 2.109652 | 0.813838 | 4.419048 | 4.942857 | 0.946032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Year 2000 Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Electronic data exchanges are used extensively to
transfer information between computer systems. Federal agencies
now depend on electronic data exchanges to execute programs and
facilitate commerce. Consequently, as computer systems are
converted to process Year 2000 dates, the associated data
exchanges must also be made Year 2000 compliant.
(2) The testing and implementation of new data exchanges
must be closely coordinated with exchange partners to be
completed effectively. If Year 2000 data exchanges do not
function properly, data will not be exchanged between systems,
or invalid data could cause receiving computer systems to
malfunction or produce inaccurate computations.
(3) The United States 381,000 small manufacturers
contribute more than half of the country's total value in
manufacturing. However, as of 1998, 75 percent of all companies
with fewer than 2,000 employees had not yet started Year 2000
remediation projects.
(4) As small manufacturers are an integral part of the
business supply chain, it is imperative that their computer
systems are Year 2000 compliant to prevent disruption to the
country's manufacturing base.
(5) The economic well being of the United States is
interdependent with the economic well being of other nations of
the world. There is very little information on the level of
Year 2000 preparedness by other countries and the potential
impact on the United States economy. Therefore, to prevent
economic disruption in the United States, the Year 2000
computer problem must be addressed on a global scale.
(6) Currently, there is little information to guide
consumers in the purchase of Year 2000 compliant consumer goods
or to ensure that their existing goods are Year 2000 complaint.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``data exchange testing'' means testing data
exchange software with respect to--
(A) the initiation of the exchange by sending
computers;
(B) transmission through intermediate
communications software and hardware; and
(C) receipt and acceptance by receiving computers;
(2) the term ``small and medium-sized businesses'' means
businesses with less than 500 employees;
(3) the term ``Year 2000 compliant'' means, with respect to
information technology, that the information technology
accurately processes (including calculating, comparing, and
sequencing) date and time data from, into, and between the 20th
and 21st centuries and the years 1999 and 2000, and leap year
calculations, to the extent that other information technology
properly exchanges date and time data with it; and
(4) the term ``Year 2000 computer problem'' means the
potential problems that might be encountered in any level of
computer hardware and software from microcode to application
programs, files, and databases that need to correctly interpret
year date data represented in 2-digit-year format.
SEC. 4. FEDERAL AGENCY ACTIONS.
To ensure that all computer operations and processing can be
provided without interruption by Federal agencies after December 31,
1999, the head of each Federal agency shall--
(1) take actions necessary to ensure that all systems and
hardware administered by the agency are Year 2000 compliant, to
the extent necessary to ensure that no significant disruption
of the operations of the agency or of the agency's data
exchange partners occurs, including--
(A) establishing, before June 1, 1999, schedules
for testing and implementing new data exchange formats
for completing all data exchange corrections, which may
include national test days for data exchange testing of
critical processes and associated data exchanges
affecting Federal, State, and local governments;
(B) notifying data exchange partners of the
implications to the agency and the exchange partners if
they do not make appropriate date conversion
corrections in time to meet the Federal schedule for
implementing and testing Year 2000 compliant data
exchange processes;
(C) giving priority to installing filters necessary
to prevent the corruption of mission-critical systems
from data exchanges with noncompliant systems; and
(D) developing and implementing, as part of the
agency's continuity and contingency planning efforts,
specific provisions for data exchanges that may fail,
including strategies to mitigate operational
disruptions if data exchange partners do not make
timely date conversion corrections;
(2) beginning not later than 30 days after the date of the
enactment of this Act, convene meetings at least quarterly with
representatives of the agency's data exchange partners to
assess implementation progress; and
(3) after each meeting convened pursuant to paragraph (2),
transmit to the Congress a report summarizing--
(A) the results of that meeting; and
(B) the status of the agency's completion of key
data exchange corrections, including the extent of data
exchange inventoried, an assessment of data exchange
formats agreed to with data exchange partners, testing
and implementation schedules, and testing and
implementation completed.
SEC. 5. ASSISTANCE FOR SMALL AND MEDIUM-SIZED BUSINESSES.
To ensure that the Nation's small and medium-sized
businesses are prepared to meet the Year 2000 computer problem
challenge, the National Institute of Standards and Technology,
in conjunction with the Small Business Administration, shall
develop a Year 2000 compliance outreach program to assist small
and medium-sized businesses. Such program shall include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) an explanation of the Year 2000 computer problem and an
identification of best practices for resolving the problem;
(3) a list of Federal Government Year 2000 information
resources; and
(4) a list of Year 2000 compliant products provided by the
General Services Administration.
SEC. 6. INTERNATIONAL ASSESSMENT.
Within 3 months after the date of the enactment of this Act, the
Under Secretary of Commerce for Technology, in conjunction with other
relevant Federal agencies, shall transmit to the Congress a report
assessing the international implications of the Year 2000 computer
problem. Such report shall include--
(1) an assessment of Year 2000 compliance by the United
States major trading partners;
(2) a description of efforts by the United States to share
best practices with other countries;
(3) the economic implications on world trade and the United
States economy of the Year 2000 computer problem, including an
identification of impacted United States industrial sectors and Federal
agencies; and
(4) a summary of participation by Federal agencies in
international for addressing the Year 2000 computer problem.
SEC. 7. CONSUMER AWARENESS.
To ensure that the Nation's consumers are aware of and prepared to
meet the Year 2000 computer problem challenge, the Under Secretary of
Commerce for Technology shall develop a Year 2000 consumer awareness
program to assist the public in becoming aware of the implications of
the Year 2000 computer problem. Such program shall include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) a list of Federal Government Year 2000 computer problem
information resources;
(3) a list of Year 2000 compliant products provided by the
General Services Administration;
(4) a series of public awareness announcements or seminars
on the impact of the Year 2000 computer problem on consumer
products and services; and
(5) a series of public awareness announcements or seminars
on the potential effect that the Year 2000 computer problem
could have on the provision of services by the Federal
Government to the public, and the progress made in resolving
the problem by the Federal agencies providing those services.
SEC. 8. ASSISTANCE TO HEALTH CARE PROVIDERS.
To ensure that the Nation's health care providers are prepared to
meet the Year 2000 computer problem challenge, the Food and Drug
Administration, in consultation and cooperation with the Veterans'
Administration, shall develop a Year 2000 compliance outreach program
to assist health care providers. Such program shall include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) an explanation of the Year 2000 computer problem and
identification of best practices for resolving the problem;
(3) a list of Federal Government Year 2000 computer problem
information resources;
(4) a list of Year 2000 compliant biomedical devices and
other equipment used by health care providers that could lead
to life-threatening situations due to a failure related to Year
2000 computer problems, including an indication of whether the
Year 2000 compliance of such devices or equipment has been
independently verified; and
(5) aggressive dissemination of the list described in
paragraph (4).
SEC. 9. ASSISTANCE FOR THE WATER UTILITY SECTOR.
To ensure that the Nation's drinking water suppliers and wastewater
treatment processors are prepared to meet the Year 2000 computer
problem challenge, the Environmental Protection Agency shall develop a
Year 2000 compliance outreach program to assist drinking water
suppliers and wastewater treatment processors. Such program shall
include--
(1) the development of a Year 2000 self-assessment
checklist specifically designed for the needs of the water
utility sector;
(2) an explanation of the Year 2000 computer problem and
identification of best practices for resolving the problem;
(3) a list of Federal Government Year 2000 computer problem
information resources; and
(4) a list of Year 2000 compliant products and equipment
used in key elements of the water utility sector, including an
indication of whether the Year 2000 compliance of such products
or equipment has been independently verified. | Directs the National Institute of Standards and Technology, in conjunction with the Small Business Administration, to develop a Year 2000 compliance outreach program to assist the Nation's small and medium-sized businesses to ensure that such businesses are prepared to meet the Year 2000 computer problem (Y2K problem) challenge.
Requires the Under Secretary of Commerce for Technology: (1) in conjunction with other relevant Federal agencies, to transmit to the Congress a report assessing the international implications of the Year 2000 computer problem; and (2) to develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of such problem.
Directs the Food and Drug Administration, in consultation and cooperation with the Department of Veterans' Affairs, to develop a Year 2000 compliance outreach program to assist the Nation's health care providers in preparing to meet the Y2K problem challenge.
Directs the Environmental Protection Agency to develop a Year 2000 compliance outreach program to assist the Nation's drinking water suppliers and wastewater treatment processors in preparing to meet the Y2K problem challenge. | {"src": "billsum_train", "title": "Year 2000 Act"} | 1,915 | 221 | 0.536671 | 1.799632 | 0.860643 | 5.784314 | 9.534314 | 0.931373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Models of Safety and Health
Excellence Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) since 1982 the Occupational Safety and Health
Administration has conducted voluntary protection programs
designed to recognize excellence in occupational safety and
health;
(2) Such programs have fostered partnerships between
employers, employees and the Occupational Safety and Health
Administration to improve workplace safety and health through
the implementation of effective safety and health programs;
(3) employers participating in such programs provide their
employees with a level of protection that substantially exceeds
the level of protection provided by compliance with the
requirements of the Occupational Safety and Health Act of 1970;
and
(4) as a result of these efforts, employers participating
in such programs have experienced injury and illness rates that
are on average less than half of their respective industry
averages, sparing thousands of America's working families
needless workplace tragedies.
(b) Purposes.--The purposes of this Act are to--
(1) recognize the exemplary leadership of voluntary
protection programs participants in improving occupational
safety and health at workplaces;
(2) encourage other employers to adopt such approaches to
protect their workers; and
(3) to codify such programs to ensure that the Occupational
Safety and Health Administration continues to develop them in
the future.
SEC. 3. VOLUNTARY PROTECTION PROGRAMS.
(a) In General.--The Secretary of Labor or the Secretary's
authorized representative shall establish and carry out voluntary
protection programs (in this section referred to as ``programs'') to
promote and recognize the achievement of worksites that demonstrate
excellence in workplace health and safety. The Secretary may choose, in
limited situations, to alter the application requirements in order to
expand the scope of worksites participating in the programs to include
nonstandard worksites such as short term construction sites and mobile
worksites. The Secretary shall encourage the participants in the
programs to share occupational safety and health expertise with other
employers. The Secretary shall also encourage the participation of
small business (as that term is defined by the Administrator of the
Small Business Administration) in the programs by implementing outreach
and assistance initiatives in cooperation with program participants and
shall develop program requirements that address the needs of small
businesses. The Secretary may provide for the development of equivalent
programs in State plan States.
(b) Program Requirements.--A program shall include the following:
(1) Application.--Applications for participation in the
programs must be signed by the worksite's management and to
demonstrate sufficient employee support. Employers who
volunteer under the programs shall be required to submit an
application to the Secretary of Labor demonstrating that the
worksite, with respect to which the application is made, meets
such requirements as the Secretary may require for
participation in the program. Requirements for excellence shall
include demonstrations of exemplary comprehensive programs to
assure--
(A) top level management leadership and active and
meaningful employee involvement;
(B) systematic assessment of hazards;
(C) comprehensive hazard prevention, mitigation,
and control programs;
(D) employee safety and health training; and
(E) safety and health program evaluation.
(2) Onsite evaluations.--There shall be onsite evaluations
of each permanent worksite by representatives of the Secretary
and others from the private and public sector as determined by
the Secretary.
(3) Information.--Employers who are approved by the
Secretary for participation in a program shall assure the
Secretary that such information as is necessary to evaluate the
employer's application and continued participation in the
program is made available to the Secretary.
(4) Reevaluations.--Periodic reevaluations by the Secretary
shall be required for continued participation in a program.
(c) Program Administration.--
(1) Exemptions.--A worksite which has been selected to
participate in a program shall, while participating in the
program, be exempt from inspections or investigations under the
Occupational Safety and Health Act of 1970, except that the
exemption shall not apply to inspections or investigations
arising from employee complaints, fatalities, catastrophes, or
significant toxic releases.
(2) Program acceptance and continued participation.--
Decisions regarding acceptance into the program and continued
participation in the program will be based on the applicant's
superior safety and health performance, as determined by the
Secretary or the Secretary's authorized representatives.
(3) Program participation.--Decisions regarding
participation in a program are in the sole discretion of the
Secretary or an authorized representative of the Secretary. | Models of Safety and Health Excellence Act of 1999 - Directs the Secretary of Labor to establish and carry out voluntary protection programs to promote and recognize the achievement of worksites that demonstrate excellence in workplace health and safety.
Authorizes the Secretary, in limited situations, to alter program application requirements to include nonstandard worksites such as short-term construction sites and mobile worksites.
Directs the Secretary to encourage: (1) program participants to share occupational safety and health expertise with other employers; (2) the participation of small business in the programs, through outreach and assistance initiatives and program requirements that address the needs of small businesses.
Authorizes the Secretary to provide for development of equivalent programs in State-plan States (under the Occupational Safety and Health Act of 1970 (OSHA)).
Sets forth program requirements for applications, on-site evaluations, information, and reevaluations.
Exempts worksites participating in the program from inspections or investigations under OSHA, except inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases.
Requires decisions regarding acceptance into, and continued participation in, the program to be based on the applicant's superior safety and health performance, as determined by, and in the sole discretion of, the Secretary or the Secretary's authorized representatives. | {"src": "billsum_train", "title": "Models of Safety and Health Excellence Act of 1999"} | 961 | 273 | 0.713332 | 2.18966 | 0.982804 | 4.200803 | 3.686747 | 0.931727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Medicare Part D
Act of 2006''.
SEC. 2. ONE-YEAR EXTENSION OF ENROLLMENT PERIOD FOR MEDICARE
PRESCRIPTION DRUG BENEFITS AND MA PLANS.
(a) In General.--Section 1851(e)(3)(B) of the Social Security Act
(42 U.S.C. 1395w-21(e)(3)(B)) is amended--
(1) in clause (iii), by striking ``May 15, 2006; and'' and
inserting ``November 14, 2006'';
(2) in clause (iv), by striking ``2007'' and inserting
``2008'' and redesignating such clause as clause (v); and
(3) by inserting after clause (iii) the following new
clause:
``(iv) with respect to 2007, the period
beginning on November 15, 2006, and ending on
May 15, 2007; and''.
(b) Conforming Amendments Related to Continuous Open Enrollment and
Disenrollment.--Section 1851(e)(2) of such Act (42 U.S.C. 1395w-
21(e)(2)) is amended--
(1) in subparagraph (B)--
(A) in the heading, by striking ``for first 6
months'';
(B) in clause (i), by striking ``, subparagraph
(C)(iii), and subparagraph (D)'' and inserting ``and
subparagraph (E)''; and
(C) in clause (i), by striking ``during the first 6
months of 2006'' and all that follows through ``is a
Medicare+Choice eligible individual,'' and inserting
``during 2006'';
(2) in subparagraph (C)--
(A) in clause (i)--
(i) by striking ``subparagraph (D)'' and
inserting ``subparagraph (E)''; and
(ii) by striking ``2006'' and inserting
``2007'' each place it appears; and
(B) in clause (iii), by striking ``2006'' and
inserting ``2007'';
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Continuous open enrollment and disenrollment
for first 6 months during 2007.--
``(i) In general.--Subject to clause (ii),
subparagraph (D)(iii), and subparagraph (E), at
any time during the first 6 months of 2007, or,
if the individual first becomes a Medicare
Advantage eligible individual during 2007,
during the first 6 months during 2007 in which
the individual is a Medicare Advantage eligible
individual, a Medicare Advantage eligible
individual may change the election under
subsection (a)(1).
``(ii) Limitation of one change.--An
individual may exercise the right under clause
(i) only once. The limitation under this clause
shall not apply to changes in elections
effected during an annual, coordinated election
period under paragraph (3) or during a special
enrollment period under the first sentence of
paragraph (4).''.
(c) Application of One-Year Enrollment Extension and Conforming
Amendments to Part D Benefits.--Section 1860D-1(b) of such Act (42
U.S.C. 1395w-101(b)) is amended--
(1) in paragraph (1)(B)(iii), by striking ``subparagraphs
(B) and (C) of paragraph (2) and'';
(2) in paragraph (2)(A), by striking ``annual, coordinated
open election period described in section 1851(e)(3)(B)(iii)''
and inserting ``period beginning on the first day of the
annual, coordinated open election period described in clauses
(iii) of section 1851(e)(3)(B) and ending on the last day of
the annual, coordinated open election period described in
clause (iv) of such section''; and
(3) in paragraph (2)(B), by striking ``before the period
described in subparagraph (A)'' and inserting ``before the end
of the annual, coordinated open election period described in
section 1851(e)(3)(B)(iv)''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 3. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS ON
BEHALF OF MEDICARE BENEFICIARIES.
Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111)
is amended by striking subsection (i) (relating to noninterference) and
by inserting the following:
``(i) Authority to Negotiate Prices With Manufacturers.--In order
to ensure that each part D eligible individual who is enrolled under a
prescription drug plan or an MA-PD plan pays the lowest possible price
for covered part D drugs, the Secretary shall have authority similar to
that of other Federal entities that purchase prescription drugs in bulk
to negotiate contracts with manufacturers of covered part D drugs,
consistent with the requirements of this part and in furtherance of the
goals of providing quality care and containing costs under this
part.''.
SEC. 4. SENSE OF CONGRESS RELATED TO IMPROVED MEDICARE PRESCRIPTION
DRUG BENEFIT OUTREACH AND EDUCATION.
It is the sense of Congress that the Secretary of Health and Human
Services should conduct activities (and improve current activities
conducted by the Secretary), with respect to individuals eligible for
the medicare prescription drug benefits, to--
(1) raise the awareness and improve the education of such
individuals with respect to such benefits;
(2) improve and enhance outreach and enrollment assistance
for such benefits; and
(3) provide for the accessibility of appropriate experts
with respect to such benefits (at national, State, and local
levels) to ensure that such individuals understand the benefits
for which they are eligible. | Improving Access to Medicare Part D Act of 2006 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to provide for a one-year extension until May 15, 2007, of the 2006 initial enrollment period for Medicare prescription drug benefits and Medicare Advantage (MA) plans. Extends through May 14, 2007, the current extended period of continuous open enrollment and disenrollment.
Amends part D (Voluntary Prescription Drug Benefit Program) of SSA title XVIII to repeal the prohibition against interference by the Secretary of Health and Human Services with prescription drug price negotiations between drug manufacturers and pharmacies and prescription drug plan (PDP) sponsors. Authorizes the Secretary to negotiate prescription drug price contracts with manufacturers of covered part D drugs in order to ensure that each enrollee under a PDP or an MA-PD plan pays the lowest possible price.
Expresses the sense of Congress that the Secretary should conduct (and improve current) activities, with respect to individuals eligible for the Medicare prescription drug benefits, to: (1) raise the awareness and improve the education of such individuals about such benefits; (2) improve and enhance outreach and enrollment assistance; and (3) provide for the accessibility of appropriate experts (at national, state, and local levels) to ensure that such individuals understand the benefits for which they are eligible. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to extend by one year the initial enrollment period for Medicare prescription drug benefits and for Medicare Advantage plans, to authorize the Secretary of Health and Human Services to negotiate fair prices for Medicare prescription drugs, and to express the sense of Congress that the Secretary should conduct activities to improve outreach and educational efforts with respect to such benefits."} | 1,430 | 290 | 0.562489 | 1.524281 | 0.804298 | 4.706107 | 4.572519 | 0.896947 |
SECTION 1. UNIFORM TREATMENT OF ABSENTEE BALLOTS OF UNIFORMED AND
OVERSEAS VOTERS.
(a) Postmark Requirements; Date to Accept Absentee Ballots.--
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff-1) is amended--
(1) by striking ``Each'' and inserting ``(a) In General.--
Each'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(4) regardless of whether such ballot contains a
postmark, accept and count any otherwise valid absentee ballot
from an overseas voter, with respect to any general, special,
primary, or runoff election for Federal office, if there is
conclusive evidence that such ballot was mailed or otherwise
delivered to the appropriate State election official on or
before the election date to which the ballot refers; and
``(5) accept and count any valid absentee ballot from an
overseas voter, with respect to any general, special, primary,
or runoff election for Federal office, that is received by the
appropriate State election official not more than 10 days after
the date of the election to which the ballot refers.
``(b) Conclusive Evidence of Mailing.--For purposes of subsection
(a)(4), conclusive evidence that an absentee ballot was mailed or
otherwise delivered on or before an election date exists if the
ballot--
``(1) has an appropriate postmark;
``(2) is received by the appropriate State election
official on or before the date of the election;
``(3) bears an attestation on the outside that such ballot
was mailed on or before such date; or
``(4) meets such other requirements as the Presidential
designee may by regulation prescribe.''.
(b) Enforcement.--Section 608 of title 18, United States Code, is
amended by adding at the end the following:
``(c) Whoever knowingly gives false information for the purpose of
establishing the date an absentee ballot of an overseas voter under the
Uniformed and Overseas Citizens Absentee Voting Act is mailed or
delivered shall be fined in accordance with this title or imprisoned
not more than five years, or both.''.
SEC. 2. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE
COMPONENT FACILITIES AS POLLING PLACES.
(a) Use of Military Installations Authorized.--Section 2670 of
title 10, United States Code, is amended--
(1) by striking ``Under'' and inserting ``(a) Use by Red
Cross.--Under'';
(2) by striking ``this section'' and inserting ``this
subsection''; and
(3) by adding at the end the following new subsection:
``(b) Use as Polling Places.--(1) Notwithstanding chapter 29 of
title 18 (including sections 592 and 593 of such title), the Secretary
of a military department may make a building located on a military
installation under the jurisdiction of the Secretary available for use
as a polling place in any Federal, State, or local election for public
office.
``(2) Once a military installation is made available as the site of
a polling place with respect to a Federal, State, or local election for
public office, the Secretary shall continue to make the site available
for subsequent elections for public office unless the Secretary
provides to Congress advance notice in a reasonable and timely manner
of the reasons why the site will no longer be made available as a
polling place.
``(3) In this section, the term `military installation' has the
meaning given the term in section 2687(e).''.
(b) Use of Reserve Component Facilities.--
(1) In general.--Section 18235 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Pursuant to a lease or other agreement under subsection
(a)(2), the Secretary may make a facility covered by subsection (a)
available for use as a polling place in any Federal, State, or local
election for public office notwithstanding chapter 29 of title 18
(including sections 592 and 593 of such title). Once a facility is made
available as the site of a polling place with respect to an election
for public office, the Secretary shall continue to make the facility
available for subsequent elections for public office unless the
Secretary provides to Congress advance notice in a reasonable and
timely manner of the reasons why the facility will no longer be made
available as a polling place.''.
(2) State facilities.--Section 18236 of such title is
amended by adding at the end the following new subsection:
``(e) Pursuant to a lease or other agreement under subsection
(c)(1), a State may make a facility covered by subsection (c) available
for use as a polling place in any Federal, State, or local election for
public office notwithstanding chapter 29 of title 18 (including
sections 592 and 593 of such title).''.
(c) Conforming Amendments to Title 18.--
(1) Prohibition of troops at polls.--Section 592 of title
18, United States Code, is amended by adding at the end the
following:
``This section shall not prohibit the use of buildings located on
military installations, or the use of reserve component facilities, as
polling places in Federal, State, and local elections for public office
in accordance with section 2670(b), 18235, or 18236 of title 10.''.
(2) Prohibition of interference by armed forces.--Section
593 of such title is amended by adding at the end the
following:
``This section shall not prohibit the use of buildings located on
military installations, or the use of reserve component facilities, as
polling places in Federal, State, and local elections for public office
in accordance with section 2670(b), 18235, or 18236 of title 10.''.
(d) Conforming Amendment to Voting Rights Law.--Section 2003 of the
Revised Statutes (42 U.S.C. 1972) is amended by adding at the end the
following: ``Making a military installation or reserve component
facility available as a polling place in a Federal, State, or local
election for public office in accordance with section 2670(b), 18235,
or 18236 of title 10, United States Code, shall be deemed to be
consistent with this section.''.
(e) Availability of Polling Places for 2002 Federal Elections.--If
a military installation or reserve component facility was made
available as the site of a polling place with respect to an election
for Federal office held during 2000, the same or a comparable site
shall be made available for use as a polling place with respect to any
applicable general election for Federal office to be held in November
2002.
(f) Clerical Amendments.--(1) The heading of section 2670 of title
10, United States Code, is amended to read as follows:
``Sec. 2670. Buildings on military installations: use by American
National Red Cross and as polling places in Federal,
State, and local elections''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 159 of such title is amended to read as
follows:
``2670. Buildings on military installations: use by American National
Red Cross and as polling places in Federal,
State, and local elections.''. | Amends the Uniformed and Overseas Citizens Absentee Voting Act with regard to the treatment of absentee ballots of uniformed and overseas voters to ensure the acceptance and counting of any valid absentee ballot from an overseas voter with respect to any election for Federal office, regardless of whether such ballot contains a postmark, if the ballot was: (1) mailed or otherwise delivered to the appropriate State election official on or before the election date to which the ballot refers; and (2) received by the appropriate State official not more than ten days after the date of the election to which the ballot refers.Amends the Federal criminal code to provide sanctions against anyone who knowingly gives false information for the purpose of establishing the date an absentee ballot of an overseas voter is mailed or delivered.Amends Federal armed forces law to authorize the use of buildings on military installations and reserve component facilities as polling places in any Federal, State, or local election for public office. Permits the States to make certain facilities available for such use as well.States that if a military installation or reserve component facility was made available as the site of a polling place with respect to an election for Federal office held during 2000, the same or comparable site shall be made available for use as a polling place with respect to any general election for Federal office to be held in November 2002. | {"src": "billsum_train", "title": "A bill to amend the Uniformed and Overseas Citizens Absentee Voting Act to ensure uniform treatment by States of Federal overseas absentee ballots, to amend titles 10 and 18, United States Code, and the Revised Statutes to remove the uncertainty regarding the authority of the Department of Defense to permit buildings located on military installations and reserve component facilities to be used as polling places in Federal, State, and elections for public office, and for other purposes."} | 1,715 | 299 | 0.647209 | 1.957191 | 0.781029 | 6.657588 | 5.988327 | 0.922179 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Securities Response Act of
2003''.
SEC. 2. EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECURITIES
EXCHANGE COMMISSION.
(a) Extension of Authority.--Paragraph (2) of section 12(k) of the
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended to
read as follows:
``(2) Emergency orders.--(A) The Commission, in an
emergency, may by order summarily take such action to alter,
supplement, suspend, or impose requirements or restrictions
with respect to any matter or action subject to regulation by
the Commission or a self-regulatory organization under the
securities laws, as the Commission determines is necessary in
the public interest and for the protection of investors--
``(i) to maintain or restore fair and orderly
securities markets (other than markets in exempted
securities);
``(ii) to ensure prompt, accurate, and safe
clearance and settlement of transactions in securities
(other than exempted securities); or
``(iii) to reduce, eliminate, or prevent the
substantial disruption by the emergency of (I)
securities markets (other than markets in exempted
securities), investment companies, or any other
significant portion or segment of such markets, or (II)
the transmission or processing of securities
transactions (other than transactions in exempted
securities).
``(B) An order of the Commission under this paragraph (2)
shall continue in effect for the period specified by the
Commission, and may be extended. Except as provided in
subparagraph (C), the Commission's action may not continue in
effect for more than 30 business days, including extensions.
``(C) An order of the Commission under this paragraph (2)
may be extended to continue in effect for more than 30 business
days if, at the time of the extension, the Commission finds
that the emergency still exists and determines that the
continuation of the order beyond 30 business days is necessary
in the public interest and for the protection of investors to
attain an objective described in clause (i), (ii), or (iii) of
subparagraph (A). In no event shall an order of the Commission
under this paragraph (2) continue in effect for more than 90
calendar days.
``(D) If the actions described in subparagraph (A) involve
a security futures product, the Commission shall consult with
and consider the views of the Commodity Futures Trading
Commission. In exercising its authority under this paragraph,
the Commission shall not be required to comply with the
provisions of section 553 of title 5, United States Code, or
with the provisions of section 19(c) of this title.
``(E) Notwithstanding the exclusion of exempted securities
(and markets therein) from the Commission's authority under
subparagraph (A), the Commission may use such authority to take
action to alter, supplement, suspend, or impose requirements or
restrictions with respect to clearing agencies for transactions
in such exempted securities. In taking any action under this
subparagraph, the Commission shall consult with and consider
the views of the Secretary of the Treasury.''.
(b) Consultation; Definition of Emergency.--Section 12(k) of the
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)) is further amended
by striking paragraph (6) and inserting the following:
``(6) Consultation.--Prior to taking any action described
in paragraph (1)(B), the Commission shall consult with and
consider the views of the Secretary of the Treasury, Board of
Governors of the Federal Reserve System, and the Commodity
Futures Trading Commission, unless such consultation is
impracticable in light of the emergency.
``(7) Definitions.--
``(A) Emergency.--For purposes of this subsection,
the term `emergency' means--
``(i) a major market disturbance
characterized by or constituting--
``(I) sudden and excessive
fluctuations of securities prices
generally, or a substantial threat
thereof, that threaten fair and orderly
markets; or
``(II) a substantial disruption of
the safe or efficient operation of the
national system for clearance and
settlement of transactions in
securities, or a substantial threat
thereof; or
``(ii) a major disturbance that
substantially disrupts, or threatens to
substantially disrupt--
``(I) the functioning of securities
markets, investment companies, or any
other significant portion or segment of
the securities markets; or
``(II) the transmission or
processing of securities transactions.
``(B) Securities laws.--Notwithstanding section
3(a)(47), for purposes of this subsection, the term
`securities laws' does not include the Public Utility
Holding Company Act of 1935 (15 U.S.C. 79a et seq.).''.
SEC. 3. PARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY WITH
RESPECT TO GOVERNMENT SECURITIES.
Section 15C of the Securities Exchange Act of 1934 (15 U.S.C. 78o-
5) is amended by adding at the end the following new subsection:
``(h) Emergency Authority.--The Secretary may by order take any
action with respect to a matter or action subject to regulation by the
Secretary under this section, or the rules of the Secretary thereunder,
involving a government security or a market therein (or significant
portion or segment of that market), that the Commission may take under
section 12(k)(2) of this title with respect to transactions in
securities (other than exempted securities) or a market therein (or
significant portion or segment of that market).''.
Passed the House of Representatives February 26, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Emergency Securities Response Act of 2003 - (Sec. 2) Amends the Securities Exchange Act of 1934 to grant the Securities and Exchange Commission (SEC) powers, in an emergency, to reduce, eliminate, or prevent the substantial disruption by the emergency of: (1) securities markets, investment companies, or other significant portion of such markets; or (2) the transmission or processing of securities transactions.Permits such emergency to extend beyond 30 business days, but no more than 90 calendar days, if the SEC finds that the emergency still exists and determines that the continuation of the emergency order beyond 30 business days is necessary in the public interest and for the protection of investors. Redefines emergency to include a major disturbance that substantially disrupts, or threatens to substantially disrupt: (1) the functioning of securities markets, investment companies, or any other significant portion or segment of the securities markets; or (2) the transmission or processing of securities transactions.Requires the Commission to consult with and consider the views of the Secretary of the Treasury, Board of Governors of the Federal Reserve System, and the Commodity Futures Trading Commission, prior to taking action extending the time frame of its emergency powers unless such consultation is impracticable in light of the emergency.(Sec. 3) Grants the Secretary of the Treasury parallel authority to take any action with respect to a matter or action subject to regulation by the Secretary involving a government security or a market therein that the Commission may take with respect to securities transactions or a market therein. | {"src": "billsum_train", "title": "To amend the Securities Exchange Act of 1934 to augment the emergency authority of the Securities and Exchange Commission."} | 1,296 | 324 | 0.689729 | 2.117286 | 0.778742 | 4.969072 | 4.04811 | 0.948454 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alzheimer's Beneficiary and
Caregiver Support Act''.
SEC. 2. TESTING OF MEDICARE AND MEDICAID COVERAGE OF ALZHEIMER'S
DISEASE CAREGIVER SUPPORT SERVICES.
Section 1115A of the Social Security Act (42 U.S.C. 1315a) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A), by adding at the end the
following new sentence: ``The models selected under
this subparagraph shall include the model described in
subparagraph (D), which shall be implemented by not
later than the date that is 1 year after the date of
enactment of such subparagraph.''; and
(B) by adding at the end the following new
subparagraph:
``(D) Alzheimer's disease caregiver support
services model.--The model described in this
subparagraph is a model that meets the requirements of
subsection (h) with respect to coverage of, and payment
for, Alzheimer's Disease caregiver support services (as
defined in such subsection).''; and
(2) by adding at the end the following new subsection:
``(h) Coverage of Alzheimer's Disease Caregiver Support Services.--
``(1) In general.--Subject to the succeeding provisions of
this subsection, for the 3-year period that begins on January
1, 2018, the Secretary shall test the efficacy of coverage of,
and payment for, Alzheimer's Disease caregiver support services
(as defined in paragraph (2)) under the applicable title, in
delaying or reducing the use of institutionalized care for
applicable Medicare beneficiaries (as defined in paragraph
(3)).
``(2) Definition of alzheimer's disease caregiver support
services.--In this subsection, the term `Alzheimer's Disease
caregiver support services' means the following services
furnished by an eligible professional (as defined in paragraph
(3)) to a family caregiver (as defined in such paragraph) of an
applicable Medicare beneficiary (as defined in such paragraph):
``(A) A defined set of counseling sessions over a
fixed period of time (as determined appropriate by the
Secretary), including a comprehensive baseline
interview, two individual counseling sessions, and four
family counseling sessions.
``(B) Following such defined set of counseling
sessions, a subsequent period (as determined
appropriate by the Secretary) of follow-up assessments,
support group participation, and ad hoc counseling or
consultations to support the family caregiver as needs
arise and the health of the applicable Medicare
beneficiary changes.
``(3) Additional definitions.--In this subsection:
``(A) Applicable medicare beneficiary.--The term
`applicable Medicare beneficiary' means an individual--
``(i) who is entitled to benefits under
part A and enrolled under part B of title XVIII
who is not enrolled in a Medicare Advantage
plan under part C of such title, an eligible
organization under section 1876, or a PACE
program under section 1894; and
``(ii) who has been diagnosed with
Alzheimer's Disease or a related dementia.
``(B) Eligible professional.--The term `eligible
professional' means an individual who--
``(i) is a clinical social worker (as
defined in section 1861(hh)(1)) or a nurse
practitioner (as defined in section
1861(aa)(5)(A)); and
``(ii) has undergone extensive online
training in the best practices for caregiver
intervention for patients who have been
diagnosed with Alzheimer's Disease or a related
dementia.
``(C) Family caregiver.--The term `family
caregiver' means, with respect to an applicable
Medicare beneficiary, a spouse, adult child, or other
family member of the applicable Medicare beneficiary
who is part of the care team of the applicable Medicare
beneficiary and receives no monetary compensation for
their service as part of the team.
``(4) Payment.--The Secretary shall establish payment
amounts under this subsection for Alzheimer's Disease caregiver
support services.
``(5) Number of family caregivers furnished alzheimer's
disease caregiver support services.--The Secretary shall select
a sufficient number of eligible professionals to participate in
the model under this subsection to ensure that the primary
family caregiver and at least one other, informal family
caregiver of applicable Medicare beneficiaries receive
Alzheimer's Disease caregiver support services under this
subsection.''. | Alzheimer's Beneficiary and Caregiver Support Act This bill amends title XI (General Provisions) of the Social Security Act to require the Center for Medicare and Medicaid Innovation to test the efficacy of coverage and payment for Alzheimer's Disease caregiver support services in delaying or reducing the use of institutionalized care for Medicare beneficiaries. The Centers for Medicare & Medicaid Services shall establish payment amounts for such services. | {"src": "billsum_train", "title": "Alzheimer's Beneficiary and Caregiver Support Act"} | 988 | 92 | 0.579139 | 1.380112 | 0.685334 | 3.171053 | 11.763158 | 0.855263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention of Escapement of
Genetically Altered Salmon in the United States Act''.
SEC. 2. PROHIBITION ON SALE OF GENETICALLY ALTERED SALMON.
(a) Prohibition.--It shall be unlawful for a person--
(1) to ship, transport, offer for sale, sell, or purchase a
covered fish, or a product containing covered fish, in
interstate or foreign commerce;
(2) to have custody, control, or possession of, with the
intent to ship, transport, offer for sale, sell, or purchase a
covered fish, or a product containing covered fish, in
interstate commerce;
(3) to engage in net-pen aquaculture of covered fish;
(4) to release a covered fish into a natural environment;
or
(5) to have custody, control, or possession of a covered
fish with the intent to release it into a natural environment.
(b) Exception.--Subsection (a) shall not apply to a fish, fish
part, or product--
(1) under confined use, or intended for confined use, for
scientific research;
(2) collected for the purpose of enforcing this Act; or
(3) if the Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with the Director of the United
States Fish and Wildlife Service and any other Federal, State,
or tribal entity the Under Secretary considers appropriate,
reviews any application requesting an action by a department or
agency of the Federal government to permit an act prohibited
under subsection (a), including any environmental assessment
prepared as part of that application, and--
(A) prepares a finding of no significant impact in
accordance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); or
(B) finds the application to be consistent with an
environmental impact statement prepared by the Under
Secretary in accordance with section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332) that includes--
(i) an environmental risk analysis that
assesses the potential direct and indirect
impacts from escapement of covered fish on wild
and cultured fish stocks and environments that
may be exposed to such covered fish;
(ii) a failure mode and effects analysis
that quantitatively assesses the best- and
worst-case probabilities of failure of each
applicable confinement technique;
(iii) an assessment of the costs of control
or eradication of escaped covered fish; and
(iv) an assessment of the potential
economic damage in terms of loss of production
or sales to relevant wild and cultured fish
stocks and environments from the escapement of
covered fish.
(c) Environmental Impact Considerations.--
(1) Notice.--Each agency, department, or other unit of the
Federal Government shall promptly notify the Under Secretary of
Commerce for Oceans and Atmosphere when an action involving
covered fish, or a product containing covered fish is first
identified by such unit.
(2) Ensuring compliance.--The Under Secretary of Commerce
for Oceans and Atmosphere, in cooperation with each Federal,
State, or tribal entity that the Under Secretary considers
appropriate, may monitor any mitigation measures proposed under
subsection (b)(3) to ensure implementation and compliance
therewith.
(3) Provisions as complementary.--The provisions of this
Act are in addition to, and shall not affect the operation of,
other Federal, State, or local laws regulating a covered fish,
or a product containing covered fish.
(d) Rules and Regulations.--The Secretary shall prescribe such
rules and regulations as the Secretary considers necessary to carry out
the provisions of this Act.
SEC. 3. ENFORCEMENT AND PENALTIES.
(a) Enforcement.--The Secretary of Commerce may enforce section 2
in the same manner, by the same means, and with the same jurisdiction,
powers, and duties provided under sections 308, 309, 310, and 311 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1858, 1859, 1860, and 1861).
(b) Penalties.--A person who violates section 2 shall be subject to
the penalties, and entitled to the privileges and immunities, under
sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861).
SEC. 4. REPORT ON RISKS TO WILD FISH STOCKS.
Not later than 180 days after the date of enactment of this Act,
the Under Secretary of Commerce for Oceans and Atmosphere shall
transmit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Natural Resources of the House of
Representatives the report under section 1007 of the Food and Drug
Administration Amendments Act of 2007 (21 U.S.C. 2106).
SEC. 5. DEFINITIONS.
In this Act:
(1) Confined use.--The term ``confined use'' means any
operation, undertaken within a secured, land-based facility,
that involves a covered fish controlled by specific measures
that effectively prevent the covered fish from having contact
with and impact on the external environment, including
biological and physical confinement measures.
(2) Covered fish.--The term ``covered fish'' means any
finfish, live or dead, including the gametes, fertilized eggs,
offspring, and descendants thereof, that is modified or
produced through the application of recombinant
deoxyribonucleic acid (DNA) technologies, using DNA from an
organism's own genome or that of another species, that overcome
natural physiological reproductive barriers and that are not
techniques used in traditional breeding and selection.
(3) Finding of no significant impact.--The term ``finding
of no significant impact'' has the meaning given the term in
section 1508.13 of title 40, Code of Federal Regulations.
(4) Product.--The term ``product'' means an item
manufactured or produced for sale or use as food. | Prevention of Escapement of Genetically Altered Salmon in the United States Act This bill prohibits a person from: shipping, transporting, offering for sale, selling, or purchasing a genetically altered finfish, or a food product containing those fish, in commerce; having custody, control, or possession of those fish or food products with the intent to ship, transport, offer for sale, sell, or purchase them in commerce; engaging in net-pen aquaculture (pens of fish contained by nets) of those fish; releasing those fish into a natural environment; or having custody, control, or possession of those fish with the intent to release them into a natural environment. Fish, fish parts, or products confined for scientific research or collected to enforce this Act are exempted from the prohibition. An additional exemption is established if the National Oceanic and Atmospheric Administration (NOAA): (1) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 after reviewing an application requesting a federal agency to permit activity prohibited by this Act, or (2) finds the application to be consistent with an environmental impact statement that includes an environmental risk analysis and specified assessments of costs and potential economic damage. Each federal agency must promptly notify NOAA when an action involving those fish or food products is first identified by the agency. The Department of Commerce may enforce penalties for violations of this Act under specified provisions of the Magnuson-Stevens Fishery Conservation and Management Act. | {"src": "billsum_train", "title": "Prevention of Escapement of Genetically Altered Salmon in the United States Act"} | 1,342 | 319 | 0.691955 | 2.175138 | 0.778256 | 3.435986 | 4.148789 | 0.83391 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Ivanpah Valley Airport Public Land
Transfer Act''.
SEC. 2. CONVEYANCE TO CLARK COUNTY, NEVADA, DEPARTMENT OF AVIATION.
(a) In general.--
(1) Conveyance.--Notwithstanding the land use planning
requirements contained in sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712),
on occurrence of the conditions specified in subsection (b),
the Secretary of the Interior (referred to in this section as
the ``Secretary'') shall convey to Clark County, Nevada, on
behalf of the Department of Aviation (referred to in this
section as the ``Department''), all right, title, and interest
of the United States in and to the public land identified for
disposition on the map entitled ``Ivanpah Valley, Nevada-
Airport Selections'' numbered 01 and dated April 1999, for the
purpose of developing an airport facility and related
infrastructure.
(2) Map.--The map described in paragraph (1) shall be on
file and available for public inspection in the offices of the
Director of the Bureau of Land Management and the Las Vegas
District of the Bureau of Land Management.
(b) Conditions.--The Secretary shall make the conveyance under
subsection (a) if--
(1) the Department conducts an airspace assessment to
identify any potential adverse effect on access to the Las
Vegas basin under visual flight rules that would result from
the construction and operation of a commercial or primary
airport, or both, on the land to be conveyed;
(2) the Administrator of the Federal Aviation
Administration certifies to the Secretary that--
(A) the assessment under paragraph (1) is thorough;
and
(B) alternatives have been developed to address
each adverse effect identified in the assessment,
including alternatives that ensure access to the Las
Vegas basin under visual flight rules at a level that
is equal to or better than the access in existence as
of the date of enactment of this Act; and
(3) the Department enters into an agreement with the
Secretary to retain ownership of Jean Airport and to maintain
and develop Jean Airport as a general aviation airport.
(c) Phased Conveyances.--At the option of the Department, the
Secretary shall convey the land described in subsection (a) in parcels
over a period of up to 20 years, as may be required to carry out the
phased construction and development of the airport facility and
infrastructure on the land.
(d) Consideration.--
(1) In general.--As consideration for the conveyance of
each parcel, the Department shall pay the United States an
amount equal to the fair market value of the parcel.
(2) Determination of fair market value.--
(A) Initial 3-year period.--During the 3-year
period beginning on the date of enactment of this Act,
the fair market value of a parcel to be conveyed under
subsection (a) shall be based on an appraisal of the
fair market value of the parcel as of a date not later
than 180 days after the date of enactment of this Act.
(B) Subsequent appraisals.--
(i) In general.--The fair market value of
each parcel conveyed after the end of the 3-
year period referred to in subparagraph (A)
shall be based on a subsequent appraisal.
(ii) Factors.--An appraisal conducted after
that 3-year period--
(I) shall take into consideration
the parcel in its unimproved state; and
(II) shall not reflect any
enhancement in the value of the parcel
based on the existence or planned
construction of infrastructure on or
near the parcel.
(3) Use of proceeds.--The proceeds of the sale of each
parcel--
(A) shall be deposited in the special account
established under section 4(e)(1)(C) of the Southern
Nevada Public Land Management Act of 1998 (112 Stat.
2345); and
(B) shall be disposed of by the Secretary as
provided in section 4(e)(3) of that Act (112 Stat.
2346).
(e) Reversionary Interest.--
(1) In general.--During the 5-year period beginning 20
years after the date on which the Secretary conveys the first
parcel under subsection (a), if the Secretary determines that
the Department is not developing or progressing toward the
development of the parcel as part of an airport facility, the
Secretary may exercise a right to reenter the parcel.
(2) Procedure.--Any determination of the Secretary under
paragraph (1) shall be made on the record after an opportunity
for a hearing.
(3) Refund.--If the Secretary exercises a right to reenter
a parcel under paragraph (1), the Secretary shall refund to the
Department an amount that is equal to the amount paid for the
parcel by the Department.
(f) Withdrawal.--The public land described in subsection (a) is
withdrawn from mineral entry under--
(1) sections 910, 2318 through 2340, and 2343 through 2346
of the Revised Statutes (commonly known as the ``General Mining
Law of 1872'') (30 U.S.C. 21, 22, 23, 24, 26 through 30, 33
through 43, 46 through 48, 50 through 53); and
(2) the Act of February 25, 1920 (commonly known as the
``Mineral Lands Leasing Act of 1920'') (41 Stat. 437, chapter
85; 30 U.S.C. 181 et seq.).
(g) Mojave National Preserve.--The Secretary of Transportation
shall consult with the Secretary in the development of an airspace
management plan for the Ivanpah Valley Airport that, to the extent
practicable and without adversely affecting safety considerations,
restricts aircraft arrivals and departures over the Mojave National
Preserve, California. | Requires, at the Department's option, conveyance of land in parcels over 20 years as may be required for phased construction and development.
States that the proceeds of the sale of each parcel shall be deposited in the special account established under the Southern Nevada Public Land Management Act of 1998 and disposed of by the Secretary as provided in that Act.
Withdraws the conveyed lands from mineral entry under: (1) the General Mining Law of 1872; and (2) the Mineral Lands Leasing Act of 1920.
Directs the Secretary of Transportation to consult with the Secretary in the development of an airspace management plan for the Ivanpah Valley Airport that, to the extent practicable and without adversely affecting safety considerations, restricts aircraft arrivals and departures over the Mojave National Preserve, California. | {"src": "billsum_train", "title": "Ivanpah Valley Airport Public Land Transfer Act"} | 1,294 | 177 | 0.601582 | 2.037365 | 0.712334 | 5.14094 | 7.885906 | 0.966443 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Health Payment
Improvement Act of 1999''.
SEC. 2. ELIMINATION OF SCHEDULED 15 PERCENT REDUCTION.
(a) Prospective Payment System.--
(1) In general.--Section 1895(b)(3)(A) of the Social
Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended--
(A) in clause (i)--
(i) by striking ``but if the reduction in
limits described in clause (ii) had been in
effect''; and
(ii) by striking ``(i) In general.--'' and
adjusting the margin accordingly; and
(B) by striking clause (ii).
(2) Conforming amendment.--Section 1895(d)(3) of such Act
(42 U.S.C. 1395fff(d)(3)) is amended by striking ``(including
the reduction described in clause (ii) of such subsection)''.
(b) Interim Payment System.--Section 4603 of the Balanced Budget
Act of 1997 (Public Law 105-33), as amended by section 5101(c)(3) of
the Tax and Trade Relief Extension Act of 1998 (Public Law 105-277), is
amended by striking subsection (e).
SEC. 3. EXTENSION OF REPAYMENT PERIOD FOR OVERPAYMENTS.
(a) 60-Month Repayment Period.--In the case of an overpayment by
the Secretary of Health and Human Services to a home health agency for
home health services furnished under the medicare program during a cost
reporting period beginning on or after October 1, 1997, as a result of
payment limitations provided for under clause (v), (vi), or (viii) of
section 1861(v)(1)(L) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)), the home health agency may elect to repay the amount
of such overpayment over a 60-month period beginning on the date of
notification of such overpayment.
(b) Interest on Overpayment Amounts.--
(1) 60-month grace period.--
(A) In general.--In the case of an agency that
makes an election under subsection (a), no interest
shall accrue on the outstanding balance of the amount
of overpayment during such 60-month period.
(B) Overdue balances.--In the case of such an
agency, interest shall accrue on any outstanding
balance of the amount of overpayment after termination
of such 60-month period. Interest shall accrue under
this subparagraph at the rate of interest charged by
banks for loans to their most favored commercial
customers, as published in the Wall Street Journal on
the Friday immediately following the date of the
enactment of this Act.
(2) Other agencies.--In the case of an agency described in
subsection (a) that does not make an election under subsection
(a), interest shall accrue on the outstanding balance of the
amount of overpayment at the rate described in the second
sentence of paragraph (1)(B).
(c) Termination.--No election under subsection (a) may be made for
cost reporting periods, or portions of cost reporting periods,
beginning on or after the date of the implementation of the prospective
payment system for home health services under section 1895 of the
Social Security Act (42 U.S.C. 1395fff).
(d) Effective Date.--The provisions of this section shall take
effect as if included in the enactment of the Balanced Budget Act of
1997.
SEC. 4. REPORT TO CONGRESS ON ADMINISTRATIVE BURDENS ON MEDICARE HOME
HEALTH AGENCIES IN COMPLYING WITH OUTCOME AND ASSESSMENT
INFORMATION SET (OASIS) REQUIREMENT.
(a) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall submit to Congress and the Comptroller General of the United
States a report describing costs incurred by medicare home health
agencies in complying with the data collection requirement of patients
of such agencies under the Outcome and Assessment Information Set
(OASIS) standard as part of the comprehensive assessment of patients.
(b) GAO Audit.--The Comptroller General of the United States shall
conduct an independent audit of the costs described in subsection (a).
Not later than 180 days after receipt of the report under subsection
(a), the Comptroller General shall submit to Congress a report
describing the Comptroller General's findings with respect to such
audit, and shall include comments on the report submitted to Congress
by the Secretary of Health and Human Services under subsection (a).
(c) Definitions.--In this section:
(1) Comprehensive assessment of patients.--The term
``comprehensive assessment of patients'' means the rule
published by the Health Care Financing Administration that
requires, as a condition of participation in the medicare
program, a home health agency to provide a patient-specific
comprehensive assessment that accurately reflects the patient's
current status and that incorporates the Outcome and Assessment
Information Set (OASIS).
(2) Outcome and assessment information set.--The term
``Outcome and Assessment Information Set'' means the standard
provided under the rule relating to data items that must be
used in conducting a comprehensive assessment of patients.
SEC. 5. ELIMINATION OF INCREMENTAL BILLING REQUIREMENT.
(a) In General.--Section 1895(c)(2) of the Social Security Act (42
U.S.C. 1395fff(c)(2)) is amended by striking ``, as measured in 15
minute increments.'' and inserting a period.
(b) Effective Date.--The amendment made by subsection (a) takes
effect as if included in the enactment of the Balanced Budget Act of
1997 (Public Law 105-33). | Allows home health agencies to elect to repay certain overpayments made by the Secretary of Health and Human Services over a 60-month no- interest grace period. Makes such an election effective as if included in BBA '97.
Directs the Secretary to report to Congress and the Comptroller General (CG) on the costs incurred by Medicare home health agencies in complying with the Outcome and Assessment Information Set (OASIS) patient data collection requirement. Requires the CG to conduct an independent audit of such costs for a report to Congress.
Amends SSA title XVIII to eliminate the incremental billing requirement with respect to home health service visits under the Medicare program. | {"src": "billsum_train", "title": "Medicare Home Health Payment Improvement Act of 1999"} | 1,349 | 151 | 0.494019 | 1.363009 | 0.82754 | 2.878049 | 8.99187 | 0.878049 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Small Business Tax
Fairness Act of 2001''.
(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. EXPANSION OF EXPENSE TREATMENT FOR SMALL BUSINESSES.
(a) In General.--Section 179(b)(1) is amended to read as follows:
``(1) Dollar limitation.--
``(A) In general.--The aggregate cost which may be
taken into account under subsection (a) for any taxable
year shall not exceed $100,000.
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2001,
the dollar amount contained in subparagraph (A) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
by substituting `calendar year 2000' for
`calendar year 1992' in subparagraph (B)
thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $1,000, such amount shall be rounded
to the nearest multiple of $1,000.''.
(b) Expansion of Phase-Out of Limitation.--Section 179(b)(2) is
amended to read as follows:
``(2) Reduction in limitation.--
``(A) In general.--The limitation under paragraph
(1) for any taxable year shall be reduced (but not
below zero) by the amount by which the cost of section
179 property for which a deduction is allowable
(without regard to this subsection) under subsection
(a) for such taxable year exceeds $400,000.''
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2001,
the dollar amount contained in subparagraph (A) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
by substituting `calendar year 2000' for
`calendar year 1992' in subparagraph (B)
thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.''.
(c) Time of Deduction.--The second sentence of section 179(a)
(relating to election to expense certain depreciable business assets)
is amended by inserting ``(or, if the taxpayer elects, the preceding
taxable year if the property was purchased in such preceding year)''
after ``service''.
(d) Computer Software Eligible for Expensing.--
(1) In general.--The heading and first sentence of section
179(d)(1) are amended to read as follows:
``(1) Section 179 property.--For purposes of this section,
the term `section 179 property' means property--
``(A) which is--
``(i) tangible property to which section
168 applies, or
``(ii) computer software (as defined in
section 197(e)(3)(B)) to which section 167
applies,
``(B) which is section 1245 property (as defined in
section 1245(a)(3)), and
``(C) which is acquired by purchase for use in the
active conduct of a trade or business.''.
(2) No computer software included as section 197
intangible.--
(A) In general.--Section 197(e)(3)(A) is amended to
read as follows:
``(A) In general.--Any computer software.''.
(B) Conforming amendment.--Section 167(f)(1)(B) is
amended by striking ``; except that such term shall not
include any such software which is an amortizable
section 197 intangible''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. DEPRECIATION RECOVERY PERIOD FOR RESTAURANT BUILDINGS AND
FRANCHISE OPERATIONS.
(a) 15-Year Recovery Period.--Section 168(e)(3)(E) (relating to 15-
year property) is amended by striking ``and'' at the end of clause
(ii), by striking the period at the end of clause (iii) and inserting a
comma, and by adding at the end the following new clauses:
``(iv) any section 1250 property which is a
retail restaurant facility or an improvement
thereto, and
``(v) any section 1250 property which is a
franchise operation subject to section 1253.''.
(b) Retail Restaurant Facility.--Section 168(e) (relating to
classification of property) is amended by adding at the end the
following new paragraph:
``(6) Retail restaurant facility.--The term `retail
restaurant facility' means any building if--
``(A) more than 50 percent of the building's square
footage is devoted to preparation of, and seating for
on-premises consumption of, prepared meals, and
``(B) the building is owned by--
``(i) the person operating the meal
preparation facility in such building, or
``(ii) a person who is related (within the
meaning of section 267(b) or 707(b)(1)) to the
person described in clause (i).''
(c) Alternative System.--The table contained in section
168(g)(3)(B) is amended by inserting after the item relating to
subparagraph (E)(iii) the following new items:
``(E)(iv)................................................... 15
``(E)(v).................................................... 15''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act and to all improvements made after the date of enactment. | Small Business Tax Fairness Act of 2001 - Amends the Internal Revenue Code to: (1) increase the amount of section 179 property which may be expensed and permit the expensing of computer software; and (2) classify restaurants and franchise operations as 15-year property. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to expand the expense treatment for small businesses and to reduce the depreciation recovery period for restaurant buildings and franchise operations, and for other purposes."} | 1,506 | 58 | 0.510717 | 1.159445 | 0.349076 | 2.096154 | 23.942308 | 0.865385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Discovery Trails Act of
2015''.
SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.
(a) National Discovery Trails.--Section 3(a) of the National Trails
System Act (16 U.S.C. 1242(a)) is amended by inserting after paragraph
(4) the following:
``(5) National discovery trails, established under section
5, which--
``(A) shall be extended, continuous, interstate
trails so located as to provide for outstanding outdoor
recreation and travel and to connect representative
examples of America's trails and communities;
``(B) should provide for the conservation and
enjoyment of significant natural, cultural, and
historic resources associated with each trail and
should be so located as to represent metropolitan,
urban, rural, and back country regions of the Nation;
``(C) may be designated on Federal lands and, with
the consent of the owner thereof, on any non-Federal
lands; and
``(D) shall not be construed to modify, enlarge, or
diminish any authority of the Federal, State, or local
governments to regulate any use of land as provide for
by law or regulation.''.
(b) Designation of the American Discovery Trail as a National
Discovery Trail.--Section 5(a) of such Act (16 U.S.C. 1244(a)) is
amended by adding at the end the following:
``(__) The American Discovery Trail, a trail of
approximately 6,000 miles extending from Cape Henlopen State
Park in Delaware to Point Reyes National Seashore in
California, extending westward through Delaware, Maryland, the
District of Columbia, West Virginia, Ohio, and Kentucky, where
near Cincinnati it splits into two routes. The Northern Midwest
route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and
Colorado, and the Southern Midwest route traverses Indiana,
Illinois, Missouri, Kansas, and Colorado. After the two routes
rejoin in Denver, Colorado, the route continues through
Colorado, Utah, Nevada, and California. The trail is generally
described in Volume 2 of the National Park Service feasibility
study dated June 1995 which shall be on file and available for
public inspection in the office of the Director of the National
Park Service, Department of the Interior, the District of
Columbia. The American Discovery Trail shall be administered by
the Secretary of the Interior in cooperation with at least one
competent trailwide volunteer-based organization and other
affected Federal land managing agencies, and State and local
governments, as appropriate. No lands or interests outside the
exterior boundaries of federally administered areas may be
acquired by the Federal Government solely for the American
Discovery Trail. The provisions of sections 7(e), 7(f), and
7(g) shall not apply to the American Discovery Trail.''.
(c) Comprehensive National Discovery Trail Plan.--Section 7 of such
Act (16 U.S.C. 1246) is further amended by adding at the end the
following new subsection:
``(l)(1) For purposes of subsection (5)(b), a trail shall not be
considered feasible and desirable for designation as a national
discovery trail unless it meets all of the following criteria:
``(A) The trail must link one or more areas within the
boundaries of a metropolitan area (as those boundaries are
determined under section 134(c) of title 23, United States
Code). It should also join with other trails, connecting the
National Trails System to significant recreation and resources
areas.
``(B) The trail must be supported by at least one competent
trailwide volunteer-based organization. Each trail should have
extensive local and trailwide support by the public, by user
groups, and by affected State and local governments.
``(C) The trail must be extended and pass through more than
one State. At a minimum, it should be a continuous, walkable
route.
``(2) The appropriate Secretary for each national discovery trail
shall administer the trail in cooperation with at least one competent
trailwide volunteer-based organization. Where the designation of
discovery trail is aligned with other units of the National Trails
System, or State or local trails, the designation of a discovery trail
shall not affect the protections or authorities provided for the other
trail or trails, nor shall the designation of a discovery trail
diminish the values and significance for which those trails were
established. Not later than three complete fiscal years after the date
of the enactment of any law designating a national discovery trail, the
appropriate Secretary shall submit a comprehensive plan for the
protection, management, development, and use of the trail, to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural Resources of
the United States Senate. The responsible Secretary shall ensure that
the comprehensive plan for the entire trail does not conflict with
existing agency direction and shall consult with the affected land
managing agencies, the Governors of the affected States, affected
county and local political jurisdictions, and local organizations
maintaining components of the trail. Components of the comprehensive
plan include--
``(A) policies and practices to be observed in the
administration and management of the trail, including the
identification of all significant natural, historical, and
cultural resources to be preserved, model agreements necessary
for joint trail administration among and between interested
parties, and an identified carrying capacity for critical
segments of the trail and a plan for their implementation where
appropriate;
``(B) general and site-specific trail-related development
including costs; and
``(C) the process to be followed by the volunteer-based
organization, in cooperation with the appropriate Secretary, to
implement the trail marking authorities in subsection (c)
conforming to approved trail logo or emblem requirements.
Nothing in this Act may be construed to impose or permit the
imposition of any landowner on the use of any non-Federal lands
without the consent of the owner thereof. Neither the
designation of a national discovery trail nor any plan relating
thereto shall affect or be considered in the granting or denial
of a right of way or any conditions relating thereto.''.
SEC. 3. CONFORMING AMENDMENTS.
The National Trails System Act is amended--
(1) in section 2(b) (16 U.S.C. 1241(b)), by striking
``scenic and historic'' and inserting ``scenic, historic, and
discovery'';
(2) in the section heading to section 5 (16 U.S.C. 1244),
by striking ``and national historic'' and inserting ``,
national historic, and national discovery'';
(3) in section 5(a) (16 U.S.C. 1244(a)), in the matter
preceding paragraph (1)--
(A) by striking ``and national historic'' and
inserting ``, national historic, and national
discovery''; and
(B) by striking ``and National Historic'' and
inserting ``, National Historic, and National
Discovery'';
(4) in section 5(b) (16 U.S.C. 1244(b)), in the matter
preceding paragraph (1), by striking ``or national historic''
and inserting ``, national historic, or national discovery'';
(5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking
``or national historic'' and inserting ``, national historic,
or national discovery'';
(6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking
``and national historic'' and inserting ``, national historic,
and national discovery'';
(7) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or
national historic'' each place such term appears and inserting
``, national historic, or national discovery'';
(8) in section 7(c) (16 U.S.C. 1246(c))--
(A) by striking ``scenic or national historic''
each place it appears and inserting ``scenic, national
historic, or national discovery'';
(B) in the second proviso, by striking ``scenic, or
national historic'' and inserting ``scenic, national
historic, or national discovery''; and
(C) by striking ``, and national historic'' and
inserting ``, national historic, and national
discovery'';
(9) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or
national historic'' and inserting ``national historic, or
national discovery'';
(10) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or
national historic'' each place such term appears and inserting
``, national historic, or national discovery'';
(11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking
``National Scenic or Historic Trail'' and inserting ``national
scenic, historic, or discovery trail'';
(12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking
``or national historic'' and inserting ``national historic, or
national discovery''; and
(13) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or
national historic'' and inserting ``national historic, or
national discovery''. | National Discovery Trails Act of 2015 Amends the National Trails System Act to establish as part of the national trails system national discovery trails, which shall be extended, continuous interstate trails located to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Authorizes the designation of such trails on federal lands and, with the owner's consent, on non-federal lands. Designates as a national discovery trail the 6,000-mile American Discovery Trail extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, splitting into northern and southern routes at Cincinnati, Ohio, and rejoining at Denver, Colorado. Sets forth requirements for designation of a trail as a national discovery trail. Requires the appropriate Department for each national discovery trail to: (1) administer the trail in cooperation with a competent trailwide volunteer-based organization; and (2) submit a comprehensive plan for the trail's protection, management, development, and use. | {"src": "billsum_train", "title": "National Discovery Trails Act of 2015"} | 2,076 | 215 | 0.703612 | 2.066768 | 0.891663 | 3.78534 | 10.015707 | 0.91623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Employment Partnership Act
of 1997''.
SEC. 2. TREATMENT OF WORK OPPORTUNITY WAGES AS PAYMENT OF EMPLOYMENT
TAX LIABILITY.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions relating to employment taxes) is
amended by inserting after section 3510 the following new section:
``SEC. 3511. TREATMENT OF WORK OPPORTUNITY WAGES AS PAYMENT OF
EMPLOYMENT TAX LIABILITY.
``(a) General Rule.--For purposes of this title, the amount equal
to the work opportunity credit amount with respect to any wages paid
for any calendar quarter by an eligible tax-exempt employer shall be
treated as a payment by such employer of such employer's employment tax
liability for such calendar quarter.
``(b) Work Opportunity Credit Amount.--For purposes of this
section, the work opportunity credit amount for any calendar quarter is
the amount of the credit determined under section 51 (relating to work
opportunity credit) in accordance with the following:
``(1) Applicable percentages.--
``(A) Individuals performing at least 400 hours of
services.--In the case of an individual who has
completed at least 400 hours of services performed for
the eligible tax-exempt employer, subsection (a) of
section 51 shall be applied by substituting `30
percent' for `40 percent'.
``(B) Individuals performing fewer than 400 hours
of services.--In the case of an individual who has
completed at least 120 hours, but less than 400 hours,
of services performed for the eligible tax-exempt
employer, subsection (a) of section 51 shall be applied
by substituting `20 percent' for `40 percent'.
``(C) Denial of credit for individuals performing
fewer than 120 hours of services.--No wages shall be
taken into account for purposes of this section with
respect to any individual unless such individual has
completed at least 120 hours of services performed for
the employer.
``(D) Quarterly estimate of annual hours of
services to be performed.--For purposes of
subparagraphs (A), (B), and (C), in lieu of the hours
of services actually performed by an individual during
any of the first 3 quarters of a calendar year, an
employer may make an estimate of the hours of services
an individual is reasonably expected to perform for the
employer in such calendar year. The employer shall
adjust the deemed payments in accordance with subsection (c) for the
last quarter of such calendar year to reflect the hours of services
actually performed by such individual in such calendar year.
``(2) Eligible tax-exempt employer.--The term `eligible
tax-exempt employer' means any organization which is exempt
from tax under subtitle A other than--
``(A) any governmental unit, and
``(B) any agency or instrumentality of a
governmental unit.
``(c) Coordination With Depository Requirements.--
``(1) In general.--Any employer who is entitled to treat
any amount as a payment under subsection (a) for any calendar
quarter may reduce, in such manner as the Secretary may by
regulations prescribe, by a like amount, the amount otherwise
required to be deposited during such quarter by reason of the
employment tax liability of such employer.
``(2) Quarterly determinations.--The amount of reduction
permitted under paragraph (1) for any calendar quarter shall be
based on a separate estimate for such quarter of the amount of
deemed payments to which the employer reasonably expects to be
entitled under subsection (a) for the calendar year which
includes such quarter and shall be properly adjusted (under
regulations prescribed by the Secretary) to reflect the amount
by which prior reductions under subsection (a) during such
calendar year were in excess of, or less than, the amounts
which would be proper under such estimate.
``(3) Year-end adjustments.--
``(A) Excess of deemed payments allowable over
depository benefit claimed.--If the amount of deemed
payments to which an employer is entitled under
subsection (a) for any calendar year exceeds the amount
claimed by the employer under paragraph (1) during such
year, such excess shall be treated for purposes of this
title as an overpayment made by such employer. For
purposes of determining interest, such overpayment
shall be treated as made on January 31 of the following
calendar year.
``(B) Depository benefit claimed exceeds deemed
payment allowable.--If the amount claimed by the
employer under paragraph (1) during the calendar year
exceeds the amount of deemed payments to which such
employer is entitled under subsection (a) for such
year, such excess shall be treated for purposes of this
title as an underpayment of the tax imposed by this
chapter for such calendar year. For purposes of
determining interest, such underpayment shall be
allocated ratably among the calendar quarters in such
year (or in such other manner as the Secretary may by
regulations prescribe).
``(d) Payment Treated as Made on Due Date.--Notwithstanding
subsection (c), for purposes of determining interest, any deemed
payment under subsection (a) for any calendar quarter shall be treated
as made on the due date for the return for such quarter.
``(e) Employment Tax Liability.--For purposes of this section, the
term `employment tax liability' means liability for the taxes imposed
by chapters 21 and 24.
``(f) Social Security Trust Funds.--This section shall not be
construed to affect amounts appropriated under sections 201 and 1817(a)
of the Social Security Act.''
(b) Clerical Amendment.--The table of sections for chapter 25 of
such Code is amended by adding at the end the following new item:
``Sec. 3511. Treatment of work
opportunity wages as payment of
employment tax liability.''
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act. | Community Employment Partnership Act of 1997 - Amends the Internal Revenue Code to set forth, as a general rule, that the amount equal to the work opportunity credit amount with respect to any wages paid for any calendar quarter by an eligible tax-exempt employer shall be treated as payment by such employer of such employer's tax liability for such calendar quarter. | {"src": "billsum_train", "title": "Community Employment Partnership Act of 1997"} | 1,342 | 74 | 0.613233 | 1.400281 | 1.173084 | 6.925373 | 18.507463 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Optimal Use of Trade
to Develop Outerwear and Outdoor Recreation Act'' or the ``U.S. OUTDOOR
Act''.
SEC. 2. ELIMINATION OF DUTIES ON RECREATIONAL PERFORMANCE OUTERWEAR.
(a) In General.--Each subheading of the Harmonized Tariff Schedule
of the United States specified in subsection (b) is amended--
(1) by striking the matter in the column one general rate
of duty column and inserting ``Free''; and
(2) by striking the matter in the column one special rate
of duty column.
(b) Subheadings Specified.--The subheadings of the Harmonized
Tariff Schedule of the United States specified in this subsection are
the following:
6201.91.03............................ 6203.41.03................... 6204.69.02
6201.91.05............................ 6203.41.06................... 6204.69.03
6201.92.05............................ 6203.41.08................... 6204.69.04
6201.92.17............................ 6203.42.05................... 6204.69.05
6201.92.19............................ 6203.42.07................... 6204.69.06
6201.93.15............................ 6203.43.03................... 6210.40.15
6201.93.18............................ 6203.43.05................... 6210.40.25
6201.93.45............................ 6203.43.09................... 6210.40.28
6201.93.47............................ 6203.43.11................... 6210.40.29
6201.93.49............................ 6203.43.13................... 6210.50.03
6201.99.15............................ 6203.49.01................... 6210.50.05
6202.91.03............................ 6203.49.05................... 6210.50.12
6202.91.15............................ 6203.49.09................... 6210.50.22
6202.92.03............................ 6204.61.05................... 6211.32.50
6202.92.05............................ 6204.61.15................... 6211.33.50
6202.92.12............................ 6204.62.05................... 6211.39.03
6202.93.01............................ 6204.62.15................... 6211.39.07
6202.93.03............................ 6204.63.02................... 6211.39.15
6202.93.05............................ 6204.63.03................... 6211.42.05
6202.93.07............................ 6204.63.08................... 6211.43.05
6202.93.09............................ 6204.63.09................... 6211.49.03
6202.99.15............................ 6204.63.11................... 6211.49.15
6203.41.01............................ 6204.69.01................... 6211.49.25.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 15 days after the date of the enactment of
this Act.
SEC. 3. SUSTAINABLE TEXTILE AND APPAREL RESEARCH FUND.
(a) Establishment.--There is established in the Treasury of the
United States the Sustainable Textile and Apparel Research Fund (in
this section referred to as the ``STAR Fund'').
(b) Deposits.--There shall be deposited into the STAR Fund amounts
equal to the fees collected on recreational performance outerwear under
subsection (d).
(c) Board of Directors.--
(1) In general.--The STAR Fund shall be administered by a
board of directors (in this section referred to as the
``Board'') composed of 5 individuals familiar with the
recreational performance outerwear textile and apparel
industry, including the production of raw materials and the
finished products thereof, who shall be appointed by the
President.
(2) Members.--
(A) Fabric or raw material production
representatives.--Not fewer than 2 of the individuals
appointed to the Board under paragraph (1) shall be
representatives of entities involved in the production
of fabrics or raw materials for use in recreational
performance outerwear in the United States.
(B) Recreational performance outerwear production
representatives.--Not fewer than 2 of the individuals
appointed to the Board under paragraph (1) shall be
representatives of entities involved in the production
of recreational performance outerwear that pay the fees
imposed on the importation of such outerwear under
subsection (d).
(3) Ineligible individuals.--The President may not appoint
individuals to the Board under paragraph (1) who are
representatives of entities not involved in the production of
recreational performance outerwear, such as customs brokers,
converters, forwarders, or shippers.
(d) Funding.--
(1) Fee.--In addition to any other fee authorized by law,
the Secretary of the Treasury shall charge and collect upon
entry, or withdrawal from warehouse for consumption, a fee of
1.5 percent of the appraised value of imported garments (as
determined under section 402 of the Tariff Act of 1930 (19
U.S.C. 1401a)) that are classifiable under the Harmonized
Tariff Schedule of the United States as recreational
performance outerwear (as defined in Additional U.S. Note 3 to
chapter 62 of such Schedule).
(2) Exclusions.--The assessment of fees under paragraph (1)
shall not apply to imports of recreational performance
outerwear from the following:
(A) Any country that is party to a free trade
agreement with the United States that--
(i) is in effect on the day before the date
of the enactment of this Act; or
(ii) enters into force under the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015 (19 U.S.C. 4201 et
seq.), or similar subsequent authority.
(B) Any country designated as a CBTPA beneficiary
country under section 213(b)(5)(B) of the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(B)).
(C) Any country designated as a beneficiary sub-
Saharan African country under section 506A(a)(1) of the
Trade Act of 1974 (19 U.S.C. 2466a(a)(1)), if the
President has determined that the country has satisfied
the requirements of section 113(a) of the African
Growth and Opportunity Act (19 U.S.C. 3722(a)), and has
published that determination in the Federal Register.
(3) Termination.--The fee under paragraph (1) shall apply
only to entries, or withdrawals from warehouse for consumption,
that are made during the 10-year period beginning on the date
of the enactment of this Act.
(e) Distribution.--
(1) Quarterly distributions.--The Secretary of Commerce,
upon a majority vote of the Board, taken annually, shall, not
later than 60 days after the end of each calendar quarter,
distribute amounts in the STAR Fund to one or more entities
that the Board considers appropriate to use the funds in
accordance with subsection (f).
(2) Eligibility requirements.--An entity may receive funds
under paragraph (1) only if the entity--
(A) is an organization described in section
501(c)(6) of the Internal Revenue Code of 1986 that is
exempt from tax under section 501(a) of such Code;
(B) is an organization having at least 10 years of
experience providing applied research, technology
development, and education to all parts of the textile
and apparel supply chain, with a research capability
demonstrated through past research programs involving
supply chain management, product development, fit
specifications, operations management, lean
manufacturing, or digital supply chain technologies on
behalf of the textile and sewn products industries in
the United States; and
(C) is comprised of members representing the
following segments of the supply chain:
(i) One or more of the following types of
producers: fiber, yarn, or fabric producers in
the United States.
(ii) Apparel producers in the United
States.
(iii) Retail companies in the United
States.
(f) Use of Funds.--Funds distributed under subsection (e) may be
used only to conduct applied research, development, and education
activities to enhance the competitiveness of businesses in the United
States in clean, eco-friendly apparel, other textile and apparel
articles, and sewn-product design and manufacturing.
(g) Requirements.--The Secretary of Commerce may impose such
requirements on the use of funds distributed under subsection (e) as
the Secretary considers necessary to ensure compliance with subsection
(f), including requiring reporting and assurances by the entities using
the funds.
(h) Reports to Congress.--The Secretary of Commerce shall submit to
Congress a report, not later than April 1 of each year, explaining in
detail how amounts in the STAR Fund were distributed under subsection
(e) and used under subsection (f) during the preceding calendar year. | United States Optimal Use of Trade to Develop Outerwear and Outdoor Recreation Act or the U.S. OUTDOOR Act This bill amends the Harmonized Tariff Schedule of the United States to provide for the duty-free treatment of certain recreational performance outerwear. The bill establishes the Sustainable Textile and Apparel Research Fund (STAR Fund). The Department of the Treasury must impose and collect, with specified exceptions, a fee of 1.5% of the appraised value of imported recreational performance outerwear and to deposit amounts collected into the STAR Fund. The Department of Commerce must make quarterly distributions from the STAR Fund to one or more appropriate organizations to conduct applied research, development, and education activities to enhance the competitiveness of U.S. businesses in clean, eco-friendly apparel, other textile and apparel products, and sewn-product design and manufacturing. | {"src": "billsum_train", "title": "United States Optimal Use of Trade to Develop Outerwear and Outdoor Recreation Act"} | 2,011 | 186 | 0.378974 | 1.098606 | 0.703887 | 4.516129 | 9.83871 | 0.890323 |
<greek-th> x
SECTION 1. EXTENDING AVAILABILITY OF SCHIP ALLOTMENTS FOR FISCAL YEARS
1998 THROUGH 2001.<greek-th> x
(a) Retained and Redistributed Allotments for Fiscal Years 1998 and
1999.--Paragraphs (1)(B)(ii), (2)(A)(i), and (2)(A)(ii) of section
2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)) are each
amended by striking ``fiscal year 2002'' and inserting ``fiscal year
2004''.<greek-th> x
(b) Extension and Revision of Retained and Redistributed Allotments
for Fiscal Year 2000.--<greek-th> x
(1) Permitting and extending retention of portion of fiscal
year 2000 allotment.--Paragraph (2) of such section 2104(g) is
amended--<greek-th> x <greek-th> x
(A) in the heading, by striking ``and 1999'' and
inserting ``through 2000''; and<greek-th> x
(B) by adding at the end of subparagraph (A) the
following:<greek-th> x
``(iii) Fiscal year 2000 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2000 that were not
expended by the State by the end of fiscal year
2002, 50 percent of that amount shall remain
available for expenditure by the State through
the end of fiscal year 2004.''.<greek-th> x
(2) Redistributed allotments.--Paragraph (1) of such
section 2104(g) is amended--<greek-th> x
(A) in subparagraph (A), by inserting ``or for
fiscal year 2000 by the end of fiscal year 2002,''
after ``fiscal year 2001,'';<greek-th> x
(B) in subparagraph (A), by striking ``1998 or
1999'' and inserting ``1998, 1999, or
2000'';<greek-th> x
(C) in subparagraph (A)(i)--<greek-th> x
(i) by striking ``or'' at the end of
subclause (I), <greek-th> x
(ii) by striking the period at the end of
subclause (II) and inserting ``; or''; and
<greek-th> x
(iii) by adding at the end the following
new subclause:<greek-th> x
``(III) the fiscal year 2000
allotment, the amount specified in
subparagraph (C)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(C)(ii) for the State to the amount
specified in subparagraph
(C)(iii).'';<greek-th> x
(D) in subparagraph (A)(ii), by striking ``or
1999'' and inserting ``, 1999, or 2000'';<greek-th> x
(E) in subparagraph (B), by striking `` or 1999''
and inserting ``, 1999, or 2000''; and<greek-th> x
(F) by adding at the end the following new
subparagraph:<greek-th> x
``(C) Amounts used in computing redistributions for
fiscal year 2000.--For purposes of subparagraph
(A)(i)(III)--<greek-th> x
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2000, less the
total amount remaining available pursuant to
paragraph (2)(A)(iii);<greek-th> x
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2000, 2001, and 2002 exceed the State's
allotment for fiscal year 2000 under subsection
(b); and<greek-th> x
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2000, of the amounts
specified in clause
(ii).''.<greek-th> x <greek-th> x <greek-th> x <greek-th>
x <greek-th> x <greek-th> x
(3) Conforming amendments.--Such section 2104(g) is further
amended--<greek-th> x <greek-th> x
(A) in its heading, by striking ``and 1999'' and
inserting ``, 1999, and 2000''; and<greek-th> x
(B) in paragraph (3)--<greek-th> x
(i) by striking ``or fiscal year 1999'' and
inserting ``fiscal year 1999, or fiscal year
2000''; and<greek-th> x
(ii) by striking ``or November 30, 2001,''
and inserting ``November 30, 2001, or November
30, 2002'', respectively.<greek-th> x
(c) Extension and Revision of Retained and Redistributed Allotments
for Fiscal Year 2001.--<greek-th> x
(1) Permitting and extending retention of portion of fiscal
year 2001 allotment.--Paragraph (2) of such section 2104(g), as
amended in subsection (b)(1)(B), is further amended--
<greek-th> x
(A) in the heading, by striking ``2000'' and
inserting ``2001''; and<greek-th> x
(B) by adding at the end of subparagraph (A) the
following: <greek-th> x
``(iv) Fiscal year 2001 allotment.--Of the
amounts allotted to a State pursuant to this
section for fiscal year 2001 that were not
expended by the State by the end of fiscal year
2003, 50 percent of that amount shall remain
available for expenditure by the State through
the end of fiscal year 2005.''.<greek-th> x
(2) Redistributed allotments.--Paragraph (1) of such
section 2104(g), as amended in subsection (b)(2), is further
amended--<greek-th> x
(A) in subparagraph (A), by inserting ``or for
fiscal year 2001 by the end of fiscal year 2003,''
after ``fiscal year 2002,'';<greek-th> x
(B) in subparagraph (A), by striking ``1999, or
2000'' and inserting ``1999, 2000, or
2001'';<greek-th> x
(C) in subparagraph (A)(i)--<greek-th> x
(i) by striking ``or'' at the end of
subclause (II), <greek-th> x
(ii) by striking the period at the end of
subclause (III) and inserting ``; or''; and
<greek-th> x
(iii) by adding at the end the following
new subclause:<greek-th> x
``(IV) the fiscal year 2001
allotment, the amount specified in
subparagraph (D)(i) (less the total of
the amounts under clause (ii) for such
fiscal year), multiplied by the ratio
of the amount specified in subparagraph
(D)(ii) for the State to the amount
specified in subparagraph
(D)(iii).'';<greek-th> x
(D) in subparagraph (A)(ii), by striking ``or
2000'' and inserting ``, 2000, or 2001'';<greek-th> x
(E) in subparagraph (B), by striking `` or 2000''
and inserting ``, 2000, or 2001''; and<greek-th> x
(F) by adding at the end the following new
subparagraph:<greek-th> x
``(D) Amounts used in computing redistributions for
fiscal year 2001.--For purposes of subparagraph
(A)(i)(III)--<greek-th> x
``(i) the amount specified in this clause
is the amount specified in paragraph
(2)(B)(i)(I) for fiscal year 2001, less the
total amount remaining available pursuant to
paragraph (2)(A)(iv);<greek-th> x
``(ii) the amount specified in this clause
for a State is the amount by which the State's
expenditures under this title in fiscal years
2001, 2002, and 2003 exceed the State's
allotment for fiscal year 2001 under subsection
(b); and<greek-th> x
``(iii) the amount specified in this clause
is the sum, for all States entitled to a
redistribution under subparagraph (A) from the
allotments for fiscal year 2001, of the amounts
specified in clause (ii).''.<greek-th> x
(3) Conforming amendments.--Such section 2104(g) is further
amended--<greek-th> x
(A) in its heading, by striking ``and 2000'' and
inserting ``, 2000, and 2001''; and<greek-th> x
(B) in paragraph (3)--<greek-th> x
(i) by striking ``or fiscal year 2000'' and
inserting ``fiscal year 2000, or fiscal year
2001''; and<greek-th> x
(ii) by striking ``or November 30, 2002,''
and inserting ``November 30, 2002, or November
30, 2003'', respectively. <greek-th> x
(d) Effective Date.--This section, and the amendments made by this
section, shall be effective as if this section had been enacted on
September 30, 2002, and amounts under title XXI of the Social Security
Act (42 U.S.C. 1397aa et seq.) from allotments for fiscal years 1998
through 2000 are available for expenditure on and after October 1,
2002, under the amendments made by this section as if this section had
been enacted on September 30, 2002.<greek-th> x <greek-th><greek-th> x
08 | Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to revise the rule for redistribution and extended availability of FY1998 and 1999 allotments to States, permitting and extending retention of half of the FY 2000 allotment, and permitting and extending retention of half of the FY 2001 allotment. | {"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to extend the availability of allotments for fiscal years 1998 through 2001 under the State Children's Health Insurance Program (SCHIP)."} | 2,976 | 87 | 0.494969 | 1.438263 | 1.535168 | 2.2 | 32.216667 | 0.8 |
SECTION 1. CHILD OPPORTUNITY ZONE FAMILY CENTERS.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:
``PART L--CHILD OPPORTUNITY ZONE FAMILY CENTERS
``SEC. 10995A. SHORT TITLE.
``This part may be cited as the `Child Opportunity Zone Family
Center Act of 1999'.
``SEC. 10995B. PURPOSE.
``The purpose of this part is to encourage eligible partnerships to
establish or expand child opportunity zone family centers in elementary
schools and secondary schools in order to provide comprehensive support
services for children and their families, and to improve the children's
educational, health, mental health, and social outcomes.
``SEC. 10995C. DEFINITIONS.
``In this title:
``(1) Child opportunity zone family center.--The term
`child opportunity zone family center' means a school-based or
school-linked community service center that provides and links
children and their families with comprehensive information,
support, services, and activities to improve the education,
health, mental health, safety, and economic well-being of the
children and their families.
``(2) Eligible partnership.--The term `eligible
partnership' means a partnership--
``(A) that contains--
``(i) at least 1 elementary school or
secondary school that--
``(I) receives assistance under
title I and for which a measure of
poverty determination is made under
section 1113(a)(5) with respect to a
minimum of 40 percent of the children
in the school; and
``(II) demonstrates parent
involvement and parent support for the
partnership's activities;
``(ii) a local educational agency;
``(iii) a public agency, other than a local
educational agency, including a local or State
department of health and social services; and
``(iv) a nonprofit community-based
organization, including a community mental
health services organization or a family health
center that provides mental health services;
and
``(B) that may contain--
``(i) an institution of higher education;
and
``(ii) other public or private nonprofit
entities.
``SEC. 10995D. GRANTS AUTHORIZED.
``(a) In General.--The Secretary may award, on a competitive basis,
grants to eligible partnerships to pay for the Federal share of the
cost of establishing and expanding child opportunity zone family
centers.
``(b) Duration.--The Secretary shall award grants under this
section for periods of 5 years.
``SEC. 10995E. REQUIRED ACTIVITIES.
``Each eligible partnership receiving a grant under this part shall
use the grant funds--
``(1) in accordance with the needs assessment described in
section 10995F(b)(1), to provide or link children and their
families with information, support, activities, or services in
core areas consisting of--
``(A) education, such as child care and education
programs for children below the age of compulsory
school attendance, before- and after-school care, and
school age enrichment and education support programs;
``(B) health, such as primary care (including
prenatal care, well child care, and mental health
care), preventative health and safety programs,
outreach and referral, screening and health promotion,
and enrollment in health insurance programs; and
``(C) family support, such as adult education and
literacy programs, welfare-to-work-programs, job
training, parenting skills programs, assistance that
supports healthy child development, and access to basic
needs, including food and housing;
``(2) to provide intensive, high-quality, research-based
instructional programs that--
``(A) provide violence prevention education for
families and developmentally appropriate instructional
services to children (including children below the age
of compulsory school attendance), such as education and
services on nonviolent conflict resolution, pro social
skills and behaviors, and other skills necessary for
effectively relating to others without violence; and
``(B) provide effective strategies for nurturing
and supporting the emotional, social, and cognitive
growth of children; and
``(3) to provide training, information, and support to
families to enable the families to participate effectively in
their children's education, and to help their children meet challenging
standards, including assisting families to--
``(A) understand the accountability systems,
including content standards, performance standards, and
local assessments, in place for the State involved, the
participating local educational agency, and the
participating elementary school or secondary school;
``(B) understand their children's educational
needs, their children's educational performance in
comparison to State and local standards, and the steps
the school is taking to address the children's needs
and to help the children meet the standards; and
``(C) communicate effectively with personnel
responsible for providing educational services to the
families' children, and to participate in the
development, amendment, review, and implementation of
school-parent compacts, parent involvement policies,
and school plans.
``SEC. 10995F. APPLICATIONS.
``(a) In General.--Each eligible partnership desiring a grant under
this part shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(b) Contents.--Each application submitted pursuant to subsection
(a) shall--
``(1) include a needs assessment, including a description
of how the partnership will ensure that the activities to be
assisted under this part will be tailored to meet the specific
needs of the children and families to be served;
``(2) describe arrangements that have been formalized
between the participating elementary school or secondary
school, and other partnership members;
``(3) describe how the partnership will effectively
coordinate and utilize Federal, State, and local educational
agency sources of funding, including funding provided under
part I of title X and under the Safe Schools/Healthy Students
Initiative (jointly funded by the Departments of Education,
Justice, and Health and Human Services), that provide
assistance to families and their children in the areas of job
training, housing, justice, health, mental health, child care,
and social and human services;
``(4) describe the partnership's plan to--
``(A) develop and carry out the activities assisted
under this part with extensive participation of
parents, administrators, teachers, pupil services
personnel, social and human service agencies, and
community organizations and leaders; and
``(B) connect and integrate the activities assisted
under this part with the education reform efforts of
the participating elementary school or secondary
school, and the participating local educational agency;
``(5) describe the partnership's strategy for providing
information and assistance in a language and form that families
can understand, including how the partnership will ensure that
families of students with limited English proficiency, or
families of students with disabilities, are effectively
involved, informed, and assisted;
``(6) describe how the partnership will collect and analyze
data, and will utilize specific performance measures and
indicators to--
``(A) determine the impact of activities assisted
under this part as described in section 10995I(a); and
``(B) improve the activities assisted under this
part; and
``(7) describe how the partnership will protect the privacy
of families and their children participating in the activities
assisted under this part.
``SEC. 10995G. FEDERAL SHARE.
``The Federal share of the cost of establishing and expanding child
opportunity zone family centers--
``(1) for the first year for which an eligible partnership
receives assistance under this part shall not exceed 90
percent;
``(2) for the second such year, shall not exceed 80
percent;
``(3) for the third such year, shall not exceed 70 percent;
``(4) for the fourth such year, shall not exceed 60
percent; and
``(5) for the fifth such year, shall not exceed 50 percent.
``SEC. 10995H. CONTINUATION OF FUNDING.
``Each eligible partnership that receives a grant under this part
shall, after the third year for which the partnership receives funds
through the grant, be eligible to continue to receive the funds if the
Secretary determines that the partnership has made significant progress
in meeting the performance measures used for the partnership's local
evaluation under section 10995I(a)(4).
``SEC. 10995I. EVALUATIONS AND REPORTS.
``(a) Local Evaluations.--Each partnership receiving funds under
this part shall conduct annual evaluations and submit to the Secretary
reports containing the results of the evaluations. The reports shall
include--
``(1) information on the partnership's activities that are
assisted under this part;
``(2) information on the number of families and children
served by the partnership's activities that are assisted under
this part;
``(3) information on the partnership's effectiveness in
reaching and meeting the needs of families and children served
under this part, including underserved families, families of
students with limited English proficiency, and families of
students with disabilities; and
``(4) the results of a partnership's performance assessment
of the partnership, including performance measures
demonstrating--
``(A) improvements in student achievement, school
readiness, family participation in schools, and access
to health care, mental health care, child care, and
family support services, resulting from activities
assisted under this part; and
``(B) reductions in violence-related problems and
risk taking behavior among youth, and reductions in
truancy, suspension, and dropout rates, resulting from
activities assisted under this part.
``(b) National Evaluations.--
``(1) In general.--The Secretary shall reserve not more
than 3 percent of the amount appropriated under this part to
carry out a national evaluation of the activities assisted
under this part. Such evaluation shall be completed not later
than 3 years after the date of enactment of the Child
Opportunity Zone Family Center Act of 1999, and every year
thereafter.
``(2) Scope of evaluation.--In conducting the national
evaluation, the Secretary shall evaluate the effectiveness and
impact of the activities, and identify model activities,
assisted under this part.
``(3) Annual reports.--The Secretary shall submit an annual
report to Congress, regarding each national evaluation
conducted under paragraph (1), that contains the information
described in the national evaluation.
``(c) Model Activities.--The Secretary shall broadly disseminate
information on model activities developed under this part.
``SEC. 10995J. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$50,000,000 for fiscal year 2000, and such sums as may be necessary for
each of the fiscal years 2001 through 2004.''. | Authorizes the Secretary of Education to award competitive grants to eligible partnerships for the Federal share of costs of establishing and expanding such child opportunity zone family centers.
Sets forth requirements for grant funded activities, applications, Federal share, continuation of funding, and evaluations and reports.
Authorizes appropriations. | {"src": "billsum_train", "title": "Child Opportunity Zone Family Center Act of 1999"} | 2,362 | 64 | 0.603268 | 1.405827 | 0.283225 | 2.75 | 40.964286 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Land Reclamation
Reform Act of 2004''.
SEC. 2. AMENDMENTS TO SURFACE MINING ACT.
(a) Amendments to Section 401.--(1) Section 401 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) is amended
as follows:
(A) In subsection (c) by striking paragraphs (2) and (6)
and redesignating paragraphs (3) through (13) in order as
paragraphs (2) through (11).
(B) In subsection (e)--
(i) in the second sentence, by striking ``the needs
of such fund'' and inserting ``achieving the purposes
of the transfers under section 402(h)''; and
(ii) in the third sentence, by inserting before the
period the following: ``for the purpose of the
transfers under section 402(h)''.
(2) Section 712(b) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1302(b)) is amended by striking ``section
401(c)(11)'' and inserting ``section 401(c)(9)''.
(b) Amendments to Section 402.--Section 402 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended as
follows:
(1) In subsection (a)--
(A) by striking ``35'' and inserting ``28'';
(B) by striking ``15'' and inserting ``12''; and
(C) by striking ``10 cents'' and inserting ``8
cents''.
(2) In subsection (b) by striking ``2004'' and all that
follows through the end of the sentence and inserting
``2019.''.
(3) In subsection (g)(1)(D) by striking ``in any area under
paragraph (2), (3), (4), or (5)'' and inserting ``under
paragraph (5)''.
(4) Subsection (g)(2) is amended to read as follows:
``(2) In making the grants referred to in paragraph (1)(C) and the
grants referred to in paragraph (5), the Secretary shall ensure strict
compliance by the States and Indian tribes with the priorities set
forth in section 403(a) until a certification is made under section
411(a).''.
(5) In subsection (g)(3)--
(A) in the matter preceding subparagraph (A) by
striking ``paragraphs (2) and'' and inserting
``paragraph'';
(B) in subparagraph (A) by striking ``401(c)(11)''
and inserting ``401(c)(9)''; and
(C) by adding at the end the following:
``(E) For the purpose of paragraph (8).''.
(6) In subsection (g)(5)--
(A) by inserting ``(A)'' before the first sentence;
(B) in the first sentence by striking ``40'' and
inserting ``60'';
(C) in the last sentence by striking ``Funds
allocated or expended by the Secretary under paragraphs
(2), (3), or (4),'' and inserting ``Funds made
available under paragraph (3) or (4)''; and
(D) by adding at the end the following:
``(B) Any amount that is reallocated and available under section
411(h)(3) shall be in addition to amounts that are allocated under
subparagraph (A).''.
(7) Subsection (g)(6) is amended to read as follows:
``(6)(A) Any State with an approved abandoned mine reclamation
program pursuant to section 405 may receive and retain, without regard
to the 3-year limitation referred to in paragraph (1)(D), up to 10
percent of the total of the grants made annually to such State under
paragraphs (1) and (5) if such amounts are deposited into an acid mine
drainage abatement and treatment fund established under State law, from
which amounts (together with all interest earned on such amounts) are
expended by the State for the abatement of the causes and the treatment
of the effects of acid mine drainage in a comprehensive manner within
qualified hydrologic units affected by coal mining practices.
``(B) For the purposes of this paragraph, the term `qualified
hydrologic unit' means a hydrologic unit--
``(i) in which the water quality has been significantly
affected by acid mine drainage from coal mining practices in a
manner that adversely impacts biological resources; and
``(ii) that contains lands and waters that are--
``(I) eligible pursuant to section 404 and include
any of the priorities set forth in section 403(a); and
``(II) the subject of expenditures by the State
from the forfeiture of bonds required under section 509
or from other States sources to abate and treat acid
mine drainage.''.
(8) Subsection (g)(7) is amended to read as follows:
``(7) In complying with the priorities set forth in section 403(a),
any State or Indian tribe may use amounts available in grants made
annually to such State or tribe under paragraphs (1) and (5) for the
reclamation of eligible lands and waters set forth in section 403(a)(3)
prior to the completion of reclamation projects under paragraphs (1)
and (2) of section 403(a) only if the expenditure of funds for such
reclamation is done in conjunction with the expenditure of funds for
reclamation projects under paragraphs (1) and (2) of section 403(a).''.
(9) Subsection (g)(8) is amended to read as follows:
``(8) In making the grants referred to in paragraph (1)(C), the
Secretary, using amounts allocated to a State or Indian tribe under
subparagraphs (A) or (B) of paragraph (1) or as necessary amounts
available to the Secretary under paragraph (3), shall assure total
grant awards of not less than $2,000,000 annually to each State and
each Indian tribe. Notwithstanding any other provision of law, this
paragraph applies to the State of Tennessee.''.
(10) Subsection (h) is amended to read as follows:
``(h) In General.--(1) In the case of any fiscal year beginning on
or after October 1, 2004, the Secretary shall, as of the beginning of
such fiscal year and before any allocation under subsection (g), make
the transfers provided in paragraph (2).
``(2) Amount.--The Secretary shall transfer to the United Mine
Workers of America Combined Benefit Fund, to the United Mine Workers of
America 1992 Benefit Plan, and to the multiemployer health benefit plan
established after July 20, 1992, by the parties that are the settlors
of the 1992 Plan, for any fiscal year from the interest which the
Secretary estimates will be earned and paid to the fund during the
fiscal year an amount equal to the sum of--
``(A) the amount described in paragraph 3(A);
``(B) the amount described in paragraph 3(B); plus
``(C) the amount described in paragraph 3(C).
``(3) Limitation.--The aggregate amount which may be transferred
under paragraph (2) for any fiscal year shall not exceed--
``(A) the amount which the trustees of the Combined Fund
estimate will be expended from the premium accounts maintained
by such Fund for the fiscal year of the Combined Fund in which
the transfer is made, less the amount which the trustees
estimate the Combined Fund will receive during such fiscal year
in required health benefit premiums; plus
``(B) the amount which the trustees of the 1992 Plan
estimate will be expended from the 1992 Plan during the next
calendar year to provide the benefits required by such Plan on
the date of enactment of this Act, less the amount which the
trustees estimate the 1992 Plan will receive during such
calendar year in required monthly per beneficiary premiums,
including the amount of any security provided to the 1992 Plan
which is available for use in the provision of benefits; plus
``(C) the amount which the trustees of the multiemployer
health benefit plan established after July 20, 1992, by the
parties that are the settlors of the 1992 Plan estimate will be
expended from such plan during the next calendar year, to
provide benefits no greater than those provided by such plan on
the date of enactment of this subparagraph, less the amount of
income which such trustees estimate such plan will receive
during such calendar year.
``(4) Adjustment.--If, for any fiscal year, the amount transferred
to the Combined Fund, or the 1992 Plan, or to the plan described in
paragraph (3)(C) is more or less than the amount required to be
transferred, the Secretary shall appropriately adjust the amount
transferred for the next fiscal year.
``(5)(A) The Secretary may make a transfer under subparagraphs (B)
and (C) of paragraph (2) for a fiscal year only if the Secretary
determines, using actuarial projections provided by the trustees of the
Combined Fund, that amounts will be available under paragraph (1),
after such transfer, for the next fiscal year for making the transfer
under paragraph (2)(A).
``(B) A transfer under paragraph (2)(C) shall not be made unless
the entities that are obligated to contribute to the plan described in
paragraph 3(C) on the date of the transfer are obligated to make such
contributions at rates that are no less than those in effect on the
date of enactment of this paragraph.''.
(c) Amendments to Section 403.--Section 403 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233) is amended as
follows:
(1) In subsection (a)--
(A) in paragraph (1), by striking ``general
welfare,'';
(B) in paragraph (2), by striking ``health, safety,
and general welfare'' and inserting ``health and
safety'', and inserting ``and'' after the semicolon at
the end;
(C) in paragraph (3), by striking the semicolon at
the end and inserting a period; and
(D) by striking paragraphs (4) and (5).
(2) In subsection (b)--
(A) by striking the heading and inserting ``Water
Supply Restoration.--''; and
(B) in paragraph (1) by striking ``up to 30 percent
of the''.
(3) In subsection (c), by inserting ``, subject to the
approval of the Secretary,'' after ``amendments''.
(d) Amendment to Section 406.--Section 406(h) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is amended by
striking ``Soil Conservation Service'' and inserting ``Natural
Resources Conservation Service''.
(e) Further Amendment to Section 406.--Section 406 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236) is amended
by adding at the end the following:
``(i) There is authorized to be appropriated to the Secretary of
Agriculture, from amounts in the Treasury other than amounts in the
fund, such sums as may be necessary to carry out this section.''.
(f) Amendment to Section 408.--Section 408(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1238(a)), is amended by
striking ``who owned the surface prior to May 2, 1977, and''.
(g) Amendments to Section 411.--Section 411 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is amended as
follows:
(1) In subsection (a), by inserting ``(1)'' before the
first sentence, and by adding at the end the following:
``(2) The Secretary may, on the Secretary's own volition, make the
certification referred to in paragraph (1) on behalf of any State or
Indian tribe referred to in paragraph (1) if on the basis of the
inventory referred to in section 403(c) all reclamation projects
relating to the priorities set forth in section 403(a) for eligible
lands and water pursuant to section 404 in such State or tribe have
been completed. The Secretary shall only make such certification after
notice in the Federal Register and opportunity for public comment.''.
(2) By adding at the end the following:
``(h) State Share for Certain Certified States.--(1)(A) From moneys
referred to in subsection (a) of section 35 of the Mineral Leasing Act
(30 U.S.C. 191(a)) that are paid into the Treasury after the date of
the enactment of this subsection and that are not paid to States under
section 35 of the Mineral Leasing Act or reserved as part of the
reclamation fund under such section, the Secretary shall pay to each
qualified State, on a proportional basis, an amount equal to the sum of
the aggregate unappropriated amount allocated to such qualified State
under section 402(g)(1)(A).
``(B) In this paragraph, the term `qualified State' means a State
for which a certification is made under subsection (a) and in which
there are public domain lands available for leasing under the Mineral
Leasing Act (30 U.S.C. 181 et seq.).
``(2) Payments to States under this subsection shall be made,
without regard to any limitation in section 401(d), in the same manner
as if paid under section 35 of the Mineral Leasing Act (30 U.S.C. 191)
and concurrently with payments to States under that section.
``(3) The amount allocated to any State under section 402(g)(1)(A)
that is paid to such State as a result of a payment under paragraph (1)
of this subsection shall be reallocated and available for grants under
section 402(g)(5).''.
(h) Extension of Limitation on Application of Prohibition on
Issuance of Permit.--Section 510(e) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended by striking
``2004'' and inserting ``2019''.
SEC. 3. PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS TITLE.
(a) Transition Rules.--(1) Amounts allocated under section
402(g)(2) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232(g)(2)) (excluding interest) prior to the date of enactment
of this Act for the program set forth under section 406 of that Act (30
U.S.C. 1236), but not appropriated prior to such date, shall be
available in fiscal year 2004 and thereafter for the transfers referred
to in section 402(h) of such Act (30 U.S.C. 1232(h)), as amended by
this Act, in the same manner as are other amounts available for such
transfers.
(2) Notwithstanding any other provision of law, interest credited
to the fund established by section 401 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231) that is not transferred to
the Combined Benefit Fund referred to in section 402(h) of such Act (30
U.S.C. 1232(h)), as amended by this Act, prior to the date of enactment
of this Act shall be available in fiscal year 2004 and thereafter for
transfer to the Combined Fund, and shall be used, notwithstanding any
other provision of law, to pay the amount of any deficit in net assets
in the Combined Fund.
(b) Inventory.--Within 1 year after the date of enactment of this
Act, the Secretary of the Interior shall complete a review of all
additions made, pursuant to amendments offered by States and Indian
tribes after December 31, 1998, to the inventory referred to in section
403(c) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(c)) to ensure that such additions reflect eligible lands
and waters pursuant to section 404 of such Act (30 U.S.C. 1234) that
meet the priorities set forth in paragraphs (1) and (2) of section
403(a) of such Act (30 U.S.C. 1233(a)), and are correctly identified
pursuant to such priorities. Any lands or waters that were included in
the inventory pursuant to the general welfare standard set forth in
section 403(a) of such Act (30 U.S.C. 1233(a)) before the date of
enactment of this Act that are determined in the review to no longer
meet the criteria set forth in paragraphs (1) and (2) of section 403(a)
of such Act, as amended by this Act, shall be removed from the
inventory. | Abandoned Mine Land Reclamation Reform Act of 2004 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization for use of certain moneys in the Abandoned Mine Reclamation Fund: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for certain studies, research, and demonstration projects.
Reduces the reclamation fee required to be paid by operators of coal mining operations. Extends the authority to collect such fee to 2019.
Revises Fund allocation requirements with respect to reclamation fees.
Directs the Secretary of Agriculture to transfer specified sums to: (1) the United Mine Workers of America Combined Benefit Fund; (2) the United Mine Workers of America 1992 Benefit Plan; and (3) a certain multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Plan.
Repeals Fund objectives concerning: (1) protection , construction, or enhancement of public facilities such as utilities, roads, recreation and conservation facilities adversely affected by coal mining practices; and (2) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.
States that no lien shall be filed against any person who neither consented to, nor participated in nor exercised control over the mining operation which necessitated reclamation. Repeals the limitation of such prohibition to persons who owned the surface before May 2, 1977.
Expands certification guidelines to prescribe payments to: (1) qualified States and Indian tribes; and (2) non-qualified States and Indian tribes. | {"src": "billsum_train", "title": "A bill to amend the Surface Mining Control and Reclamation Act of 1977 to reauthorize and reform the Abandoned Mine Reclamation Program, and for other purposes."} | 3,764 | 359 | 0.545484 | 1.678821 | 0.580432 | 2.650307 | 10.527607 | 0.815951 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Service Recognition Act of
2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Many Americans are unaware that there are thousands of
civilian Federal employees serving the Nation in the dangerous
theaters of war in both Iraq and Afghanistan, and elsewhere, in
the Global War on Terror.
(2) These employees voluntarily risk their lives to serve
the Nation overseas and support the cause of freedom.
(3) The patriotism of these employees does not begin or end
in a uniform, but flows from the shining example of many of the
Nation's founding fathers, who, while not serving in the
military, sacrificed everything for the sake of liberty.
(4) In light of the new and unconventional warfare that
characterizes the Global War on Terror, it is no surprise that
thousands of these employees endure danger and injury, and
tragically death, while serving beside the Nation's troops.
(5) These brave employees serve the Nation openly and
clandestinely, contributing to the cause of freedom and
democracy in Iraq and Afghanistan and preserving the security
of the United States.
(6) The dedication and service of these employees exemplify
the giving nature of the United States, as well as the resolve
of the Nation, to spread democracy, freedom, and peace
throughout the world.
(7) These valiant employees, who have lived and died beside
the Nation's troops in war zones in the support of freedom,
should be honored with a presentation of a flag from a Nation
grateful for their service.
SEC. 3. FLAG CEREMONY FOR CIVILIAN FEDERAL EMPLOYEES WHO DIE IN COMBAT
ZONES.
(a) In General.--Subject to the requirements of this section, the
head of an executive agency shall furnish, upon receipt of a request
under subsection (b), a flag of the United States to drape the casket
of an individual who--
(1) was an employee of the agency engaged in the
performance of one or more functions in support of military
operations;
(2) was located or stationed in a combat zone while so
engaged in the course of the individual's employment; and
(3) died while physically present in the combat zone during
the period in which the individual was so engaged.
(b) Request for Flags.--The head of an executive agency shall
furnish a flag for a deceased individual under subsection (a) upon the
request of--
(1) the deceased individual's next of kin; or
(2) a close friend or associate of the deceased individual
if no request is made for the flag by the next of kin.
(c) Presentation of Flag.--After the burial of an individual
described in subsection (a), the head of an executive agency shall
present a flag furnished under subsection (a) to an individual making a
request under subsection (b).
(d) Manner of Ceremony.--A flag shall be furnished and presented
under this section in the same manner as a flag furnished and presented
on behalf of a member of the Armed Services dying in active duty.
(e) Limitation on Flags Provided.--If a flag furnished under
subsection (a) is given to an individual described in subsection
(b)(2), no flag shall be given to any other person on account of the
death of such individual.
(f) Classified Information.--The head of an executive agency may
disclose information necessary to show that the deceased individual is
an individual described in subsection (a) to the extent that such
information is not classified and to the extent that such disclosure
does not endanger the national security of the United States.
SEC. 4. EMPLOYEE NOTIFICATION OF FLAG CEREMONY BENEFIT.
The head of an executive agency shall notify employees of the
agency who are located or stationed in a combat zone for purposes of
the performance of one or more functions in support of military
operations of the flag ceremony benefit provided for under section 3.
SEC. 5. DEFINITIONS.
In this Act, the following definitions apply:
(1) Combat zone.--The term ``combat zone'' means an area in
which a member of the uniformed service on duty in such area
may qualify for special pay under section 310 of title 37,
United States Code.
(2) Employee.--The term ``employee'' has the meaning given
that term in section 2105 of title 5, United States Code, and
includes employees of and donors of volunteer services to
temporary organizations under section 3161 of such title.
(3) Executive agency.--The term ``executive agency'' has
the meaning given the term ``Executive agency'' in section 501
of title 5, United States Code. | Civilian Service Recognition Act of 2006 - Requires executive agencies to furnish a U.S. flag to drape the casket of a civilian federal employee who dies in a combat zone, upon request of the deceased's next of kin or a close associate of the deceased.
Requires notification of federal civilian employees who are located or stationed in a combat zone to perform one or more functions in support of military operations of the flag ceremony benefit provided for under this Act. | {"src": "billsum_train", "title": "To authorize the presentation of flags at the funerals of civilian Federal employees engaged in the support of military operations who have died in combat zones in the course of their duties."} | 1,026 | 109 | 0.526831 | 1.340611 | 0.99264 | 4.127907 | 11.244186 | 0.918605 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Hospital Enhancement and Long
Term Health Act of 2016''.
SEC. 2. GREATER AVAILABILITY OF COMMUNITY FACILITIES GRANTS FOR RURAL
HOSPITALS.
(a) In General.--Section 306(a)(19) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)(19)) is amended by adding at
the end the following:
``(C) Special rules applicable to grants for
hospitals.--In the case of a grant under this paragraph
for a hospital:
``(i) Maximum grant.--The maximum amount of
such a grant shall be $100,000.
``(ii) No financing requirement.--The
Secretary may not condition the provision of
such a grant on the inability of the applicant
to finance the proposed project, in whole or in
part, from the resources of the applicant,
through commercial credit at reasonable rates
and terms, or from any other funding source.
``(iii) Federal share.--The amount of such
a grant shall not exceed 50 percent of the cost
of developing the hospital.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 90 days after the date of the enactment
of this Act.
SEC. 3. REAUTHORIZATION OF PROGRAM OF GRANTS TO STATE OFFICES OF RURAL
HEALTH.
Section 338J of the Public Health Service Act (42 U.S.C. 254r) is
amended to read as follows:
``SEC. 338J. GRANTS TO STATE OFFICES OF RURAL HEALTH.
``(a) In General.--The Secretary, acting through the Director of
the Office of Rural Health Policy (established in section 711 of the
Social Security Act), shall make grants to each State Office of Rural
Health for the purpose of improving health care in rural areas.
``(b) Requirement of Matching Funds.--
``(1) In general.--Subject to paragraph (2), the Secretary
may not make a grant under subsection (a) unless the State
Office of Rural Health involved agrees, with respect to the
costs to be incurred in carrying out the purpose described in
such subsection, to provide non-Federal contributions toward
such costs in an amount equal to $3 for each $1 of Federal
funds provided in the grant.
``(2) Waiver or reduction.--The Secretary may waive or
reduce the non-Federal contribution if the State Office of
Rural Health can demonstrate that requiring matching funds
would limit its ability to carry out the purpose described in
subsection (a).
``(3) Determination of amount of non-federal
contribution.--Non-Federal contributions required in paragraph
(1) may be in cash or in kind, fairly evaluated, including
plant, equipment, or services. Amounts provided by the Federal
Government, or services assisted or subsidized to any
significant extent by the Federal Government, may not be
included in determining the amount of such non-Federal
contributions.
``(c) Certain Required Activities.--Activities for which grant
dollars shall be awarded under subsection (a) include--
``(1) maintaining within the State Office of Rural Health a
clearinghouse for collecting and disseminating information on--
``(A) rural health care issues;
``(B) research findings relating to rural health
care; and
``(C) innovative approaches to the delivery of
health care in rural areas;
``(2) coordinating the activities carried out in the State
that relate to rural health care, including providing
coordination for the purpose of avoiding redundancy in such
activities; and
``(3) identifying Federal and State programs regarding
rural health, and providing technical assistance to public and
nonprofit private entities regarding participation in such
programs.
``(d) Requirement Regarding Annual Budget for Office.--The
Secretary may not make a grant under subsection (a) unless the State
Office of Rural Health involved agrees that, for any fiscal year for
which the State Office of Rural Health receives such a grant, the
office operated pursuant to subsection (a) will be provided with an
annual budget of not less than $50,000.
``(e) Certain Uses of Funds.--
``(1) Restrictions.--The Secretary may not make a grant
under subsection (a) unless the State Office of Rural Health
involved agrees that the grant will not be expended--
``(A) to provide health care (including providing
cash payments regarding such care);
``(B) to conduct activities for which Federal funds
are expended--
``(i) within the State to provide technical
and other nonfinancial assistance under
subsection (f) of section 330;
``(ii) under a memorandum of agreement
entered into with the State Office of Rural
Health under subsection (h) of such section; or
``(iii) under a grant under section 338I;
``(C) to purchase medical equipment, to purchase
ambulances, aircraft, or other vehicles, or to purchase
major communications equipment;
``(D) to purchase or improve real property; or
``(E) to carry out any activity regarding a
certificate of need.
``(2) Authorities.--Activities for which a State Office of
Rural Health may expend a grant under subsection (a) include--
``(A) paying the costs of maintaining such Office
for the purpose described in subsection (a);
``(B) subject to paragraph (1)(B)(iii), paying the
costs of any activity carried out with respect to
recruiting and retaining health professionals to serve
in rural areas of the State; and
``(C) providing grants and contracts to public and
nonprofit private entities to carry out activities
authorized in this section.
``(f) Reports.--The Secretary may not make a grant under subsection
(a) unless the State Office of Rural Health involved agrees--
``(1) to submit to the Secretary reports or performance
data containing such information as the Secretary may require
regarding activities carried out under this section; and
``(2) to submit such a report or performance data not later
than the close of the fiscal year immediately following any
fiscal year for which the State Office of Rural Health has
received such a grant.
``(g) Requirement of Application.--The Secretary may not make a
grant under subsection (a) unless an application for the grant is
submitted to the Secretary and the application is in such form, is made
in such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to carry out
such subsection.
``(h) Noncompliance.--The Secretary may not make payments under
subsection (a) to a State Office of Rural Health for any fiscal year
subsequent to the first fiscal year of such payments unless the
Secretary determines that, for the immediately preceding fiscal year,
the State Office of Rural Health has complied with each of the
agreements made by the State Office of Rural Health under this section.
``(i) Definitions.--In this section:
``(1) The term `State' means each of the several States.
``(2) The term `State Office of Rural Health' means, with
respect to a State, the agency or office that is primarily
responsible for improving health care in rural areas.
``(j) Authorization of Appropriations.--
``(1) In general.--For the purpose of making grants under
subsection (a), there are authorized to be appropriated,
$15,000,000 for fiscal year 2017 and such sums as may be
necessary for fiscal years 2018 through 2021.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.''.
SEC. 4. ANNUAL STUDY AND REPORT ON RURAL HOSPITALS.
(a) Study.--The Secretary of Health and Human Services shall, with
respect to the first fiscal year beginning after the date of the
enactment of this Act and each fiscal year thereafter, conduct an
annual study on the following:
(1) The number of rural hospitals that closed in such
fiscal year.
(2) With respect to the rural hospitals that so closed in
such fiscal year, the reasons for such closures.
(3) With respect to the rural hospitals that so closed in
such fiscal year, the effect such closure had on patient access
to care for the given area.
(4) With respect to each category of rural hospitals
described in subsection (b), the financial well-being of the
rural hospitals in such category during such fiscal year.
(b) Categories Described.--The categories of rural hospitals
described in this subsection are the following:
(1) Rural hospitals that are critical access hospitals (as
defined in section 1861(mm)(1) of the Social Security Act (42
U.S.C. 1395x(mm)(1))).
(2) Rural hospitals that are sole community hospitals (as
defined in section 1886(d)(5)(D)(iii) of such Act (42 U.S.C.
1395ww(d)(5)(D)(iii))).
(3) Rural hospitals that are a medicare-dependent, small
rural hospital (as defined in section 1886(d)(5)(G) of such Act
(42 U.S.C. 1395ww(d)(5)(G))).
(4) Any other such category of rural hospitals that the
Secretary of Health and Human Services determines appropriate.
(c) Definition of Rural Hospital.--For purposes of this section,
the term ``rural hospital'' means a hospital located in a rural area
(as defined in section 1886(d)(2)(D) of the Social Security Act (42
U.S.C. 1395ww(d)(2)(D))).
(d) Report.--With respect to each study conducted pursuant to
subsection (a) with respect to a fiscal year, the Secretary of Health
and Human Services shall, not later than December 31 of the following
fiscal year, submit to Congress and to each State office of rural
health (as described in section 338J(a) of the Public Health Service
Act (42 U.S.C. 254r(a))) a report on such study. | Rural Hospital Enhancement and Long Term Health Act of 2016 This bill revises the Consolidated Farm and Rural Development Act by increasing the maximum grant amount for hospitals under the community facilities grant program. The Department of Health and Human Services (HHS) may not condition grants on the inability of applicants to finance their projects. The bill amends the Public Health Service Act by reauthorizing through FY2021 and revising the grant program for state offices of rural health, including by requiring HHS to make the grants, thus removing HHS' discretion to make them. HHS must report annually to Congress and each state office of rural health on rural hospitals' closures. | {"src": "billsum_train", "title": "Rural Hospital Enhancement and Long Term Health Act of 2016"} | 2,293 | 142 | 0.583041 | 1.507741 | 0.701202 | 2.283333 | 17.025 | 0.816667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salt Cedar and Russian Olive Control
Assessment and Demonstration Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture, in cooperation with the Secretary of
the Interior.
(2) Western united states.--The term ``Western United
States'' refers to the States defined by the Act of June 17,
1902 (commonly known as the 1902 Reclamation Act; 43 U.S.C. 371
et seq.), which includes Arizona, California, Colorado, Idaho,
Kansas, Montana, Nebraska, Kansas, Oklahoma, Nevada, New
Mexico, Oregon, Texas, Utah, Washington, and Wyoming.
SEC. 3. ASSESSMENT OF SALT CEDAR AND RUSSIAN OLIVE INFESTATION IN
WESTERN UNITED STATES.
(a) Assessment.--Not later than one year after the date on which
funds are first made available to carry out this section, the
Secretaries shall complete an assessment of the extent of Salt Cedar
and Russian Olive invasion in the Western United States.
(b) Content.--The assessment shall include the following:
(1) To the extent practicable, documentation of the
quantity of water lost due to the infestation.
(2) Documentation of the quantity of water saved due to
various control methods, including the portion of saved water
that returns to surface water or groundwater supplies and at
what rates.
(3) Determination of the optimum control method for the
various land types and land uses.
(4) Determination of what conditions indicate the need to
remove such growth and the optimal methods for disposal or use
of such growth.
(5) Determination of methods to prevent the regrowth and
reintroduction of Salt Cedar and Russian Olive and to
reestablish native species.
(c) Report on Assessment.--
(1) Preparation and content.--The Secretaries shall prepare
a report containing the results of the assessment. The report
shall identify long-term management and funding strategies that
could be implemented by Federal, State, Tribal, and private
land managers and owners on all land management types to
address the invasion of Salt Cedar and Russian Olive. The
report shall also identify deficiencies or areas for further
study and where actual field demonstrations would be useful in
the control effort.
(2) Submission.--The Secretaries shall submit the report to
the Committee on Resources and the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Energy and Natural
Resources of the Senate.
(d) Support for Identification of Long-Term Management and Funding
Strategies.--The Secretaries may make grants to institutions of higher
education or nonprofit organizations (or both) with an established
background and expertise in the public policy issues associated with
the control of Salt Cedar and Russian Olive to obtain technical
experience, support, and recommendations related to the identification
of the long-term management and funding strategies required to be
included in the report under subsection (c)(1). Each grant awarded
under this subsection may not be less than $250,000.
SEC. 4. DEMONSTRATION PROGRAM FOR CONTROL OF SALT CEDAR AND RUSSIAN
OLIVE IN WESTERN STATES.
(a) Demonstration Projects.--
(1) Projects required.--Based on the results of the
assessment and report in section 3, the Secretaries shall
initiate a program of not fewer than three demonstration
projects in the Western United States designed to address the
deficiencies and areas for further study to address the
invasion of Salt Cedar and Russian Olive, including the test of
additional control methods, identified by the report.
(2) Implementation.--The Secretaries may enter into an
agreement with a State in the Western United States to carry
out a demonstration project. If the Secretaries select a
demonstration project for implementation on National Forest
System lands, the Secretary of Agriculture shall be responsible
for implementation of the project.
(b) Elements of Projects.--
(1) Design and scale.--Each demonstration project shall be
designed with integrated methods and adaptive management
strategies and carried out over time frames and spatial scales
large enough to accomplish the goals laid out in the report.
(2) Scientific review.--Before being carried out, the
methods and strategies proposed for each demonstration project
shall be subject to review by scientific experts, including
non-Federal experts, selected by the Secretaries. The
Secretaries may use existing scientific review processes to the
extent they comply with this requirement.
(c) Project Costs and Cost Sharing.--The total cost of each
demonstration project may not exceed $7,000,000, including the costs of
planning, design, implementation, revegetation, maintenance, and
monitoring. In the case of a demonstration project conducted on lands
under the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture, the Secretaries may accept, but not require,
funds or in-kind contributions, including State agency provided
services. The Federal share of the costs of any activity on private
lands funded under the project shall be no more than 75 percent of the
total cost of the activity.
(d) Reporting Requirement.--During the period in which the
demonstration projects are carried out, the Secretaries shall submit to
the congressional committees specified in section 3(c)(2) an annual
report describing--
(1) the demonstration projects;
(2) the progress made in carrying out the projects during
the period covered by the report; and
(3) the costs of the projects under subsection (c).
(e) Monitoring.--Demonstration projects shall include the
following:
(1) Documentation of the quantity of water saved due to
various control methods, including the portion of water saved
that returns to surface water or groundwater supplies and at
what rates.
(2) Optimal revegetative states to prevent the regrowth and
reintroduction of Salt Cedar and Russian Olive and to
reestablish native species.
(f) Cooperation.--The Secretaries shall use the expertise of their
various agencies, as well as other Federal agencies, institutions of
higher education, State and local governments and political
subdivisions thereof, including soil and water conservation districts,
and Indian tribes, which are actively conducting assessments on or
implementing Salt Cedar and Russian Olive control activities.
SEC. 5. RELATION TO OTHER AUTHORITY.
Nothing in this Act shall be construed to affect, or otherwise
bias, the use by the Secretaries of other statutory or administrative
authorities to plan or conduct Salt Cedar or Russian Olive control and
eradication that is not planned or conducted under this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Assessment.--There are authorized to be appropriated to the
Secretaries $5,000,000 for fiscal year 2005 to conduct the assessment
required by section 3.
(b) Grants.--There are authorized to be appropriated to the
Secretaries $1,000,000 for fiscal year 2005 to award as grants under
section 3(d).
(c) Demonstration Projects.--There are authorized to be
appropriated to the Secretaries $18,000,000 for each of the fiscal
years 2005 through 2009 to carry out the program of demonstration
projects under section 4.
Passed the House of Representatives February 24, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Salt Cedar and Russian Olive Control Assessment and Demonstration Act - (Sec. 2) Directs the Secretary of of Agriculture, in cooperation with the Secretary of the Interior (the Secretaries) to assess the extent of Salt Cedar and Russian Olive invasion in the western United States (as defined by the 1902 Reclamation Act). Requires such assessment to include: (1) documentation of the quantity of water lost due to the infestation and of the quantity of water saved due to various control methods, including the portion of saved water that returns to surface water or groundwater supplies and at what rates; and (2) determination of the optimum control method for the various land types and land uses, of what conditions indicate the need to remove such growth and the optimal methods for disposal or use of such growth, and of the methods to prevent the regrowth and reintroduction of Salt Cedar and Russian Olive and to reestablish native species.
Directs the Secretaries to prepare and submit to specified congressional committees (the congressional committees) a report containing the results of such assessment and identifying: (1) long-term management and funding strategies that could be implemented by Federal, State, tribal, and private land managers and owners on all land management types to address the invasion of Salt Cedar and Russian Olive; and (2) deficiencies or areas for further study and where actual field demonstrations would be useful in the control effort.
Authorizes the Secretaries to make grants to institutions of higher education or nonprofit organizations (or both) with an established background and expertise in public policy issues associated with the control of Salt Cedar and Russian Olive in order to obtain technical experience, support, and recommendations related to the identification of the long-term management and funding strategies required to be included in such report. Limits each grant awarded to $250,000.
(Sec. 3) Directs the Secretaries, based on the assessment and report, to initiate a program of at least three demonstration projects in the western States designed to address deficiencies and areas for further study to address the invasion of Salt Cedar and Russian Olive, including the testing of additional control methods identified by such report.
Allows the Secretaries to enter into an agreement with a western State to carry out a project and, if the Secretaries select a demonstration project for implementation in national Forest System lands, makes the Secretary of Agriculture responsible for implementation of such project.
Requires projects to be designed with integrated methods and adaptive management strategies and carried out over time frames and spatial scales large enough to accomplish the goals laid out in the report. Provides that, before being carried out, the methods and strategies proposed for each project shall be subject to review by scientific experts, including non-Federal experts, selected by the Secretaries.
Limits the total cost of each project to $7 million, including planning, design, implementation, revegetation, maintenance, and monitoring costs. Allows the Secretaries to accept, but not require, in cases of projects conducted on lands under the jurisdiction of either Secretary, funds or in-kind contributions, including State agency provided services. Limits the Federal share of the costs of any activity on private lands funded under a project to 75 percent of the activity's total cost.
Requires projects to include: (1) documentation of the quantity of water saved due to various control methods, including the portion of water saved that returns to surface water or groundwater supplies and at what rates; and (2) optimal revegetative states to prevent regrowth and reintroduction of Salt Cedar and Russian Olive and to reestablish native species.
Requires the Secretaries to submit to the congressional committees annual reports on such projects.
(Sec. 4) Declares that nothing in this Act shall be construed to affect, or otherwise bias, use by the Secretaries of other statutory or administrative authorities to plan or conduct Salt Cedar or Russian Olive control and eradication.
(Sec. 5) Authorizes appropriations to the Secretaries to: (1) conduct the assessment; (2) award the grants specified above; and (3) carry out the program of demonstration projects specified above. | {"src": "billsum_train", "title": "To provide for an assessment of the extent of the invasion of Salt Cedar and Russian Olive on lands in the Western United States and efforts to date to control such invasion on public and private lands, including tribal lands, to establish a demonstration program to address the invasion of Salt Cedar and Russian Olive, and for other purposes."} | 1,581 | 873 | 0.75813 | 2.89708 | 0.814296 | 6.053165 | 1.832911 | 0.959494 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Owners Mitigate Effectively
Act of 2014'' or the ``HOME Act of 2014''.
SEC. 2. DELAY IN FLOOD INSURANCE RATE CHANGES.
(a) Delay.--Notwithstanding any other provision of law, any change
in risk premium rates for flood insurance under the National Flood
Insurance Program resulting from the amendments made by sections 100205
and 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012
(Public Law 112-141; 126 Stat. 917) to sections 1307 and 1308 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4014 and 4015) shall
not take effect until the expiration of the 5-year period that begins
upon the date of the enactment of the Biggert-Waters Flood Insurance
Reform Act of 2012.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if enacted as part of the Biggert-Waters Flood Insurance
Reform Act of 2012 (Public Law 112-141; 126 Stat. 916).
SEC. 3. CAP ON ANNUAL COST OF FLOOD INSURANCE.
Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C.
4015) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:.
``(i) Maximum Annual Premium.--Notwithstanding any other provision
of this title, the maximum annual chargeable premium rate for a
property shall be the appraised value of the property at the time of
the purchase of the property by the current owner of the property
divided by 30.''.
SEC. 4. CREDIT FOR CERTAIN QUALIFIED FLOOD MITIGATION EXPENSES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30E. QUALIFIED FLOOD MITIGATION EXPENSES.
``(a) In General.--In the case of a qualified taxpayer, there shall
be allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the qualified flood mitigation expenses
paid or incurred by the taxpayer for the taxable year.
``(b) Limitations.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $7,500.
``(c) Qualified Taxpayer.--
``(1) In general.--For purposes of this section, the term
`qualified taxpayer' means a taxpayer who is the holder of a
policy for flood insurance coverage under the national flood
insurance program under the National Flood Insurance Act of
1968 (42 U.S.C. 4011 et seq.).
``(2) Business employers must be small.--
``(A) In general.--In the case of a taxpayer which
is a trade or business, for purposes of this section
the term `qualified taxpayer' shall not include any
taxpayer which employed an average of more than 50
employees on business days during such taxable year.
``(B) Controlled groups.--For purposes of
subparagraph (A), all persons treated as a single
employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 shall be treated
as a single employer.
``(d) Qualified Flood Mitigation Expenses.--The term `qualified
flood mitigation expenses' shall have the meaning given such term by
the Administrator of the Federal Emergency Management Agency.
``(e) Partnership, S Corporations, and Other Pass-Thru Entities.--
In the case of a partnership, trust, S corporation, or other pass-thru
entity, the credit and limitations contained in this section shall be
determined at the entity level.
``(f) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is determined with respect to property
of a character subject to an allowance for depreciation shall
be treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart C for such taxable
year.
``(g) Termination.--Subsection (a) shall not apply to any amount
paid or incurred after December 31, 2022.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (35), by striking the period
at the end of section (36) and inserting ``, plus'', and by
inserting after paragraph (36) the following new paragraph:
``(37) the portion of the credit for qualified flood
mitigation expenses to which section 30E(f)(1) applies.''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``30E(f)(2),'' after ``25A,''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by adding at the end the following new item:
``Sec. 30E. Qualified flood mitigation expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2012.
SEC. 5. AFFORDABILITY STUDY.
Section 100236 of the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141; 126 Stat. 957) is amended--
(1) in subsection (c), by striking ``Not'' and inserting
the following: ``Subject to subsection (e), not'';
(2) in subsection (d)--
(A) by striking ``(d) Funding.--Notwithstanding''
and inserting the following:
``(d) Funding.--
``(1) National flood insurance fund.--Notwithstanding'';
and
(B) by adding at the end the following new
paragraph:
``(2) Other funding sources.--To carry out this section, in
addition to the amount made available under paragraph (1), the
Administrator may use any other amounts that are available to
the Administrator.''; and
(3) by adding at the end the following new subsection
``(e) Alternative.--If the Administrator determines that the report
required under subsection (c) cannot be submitted by the date specified
under subsection (c)--
``(1) the Administrator shall notify, not later than 60
days after the date of enactment of this subsection, the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives of an alternative method of gathering the
information required under this section;
``(2) the Administrator shall submit, not later than 180
days after the Administrator submits the notification required
under paragraph (1), to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives the information
gathered using the alternative method described in paragraph
(1); and
``(3) upon the submission of information required under
paragraph (2), the requirement under subsection (c) shall be
deemed satisfied.''.
SEC. 6. INCREASED FUNDING FOR MITIGATION PROGRAMS.
(a) Predisaster Hazard Mitigation.--Section 203(m) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5133(m)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) $300,000,000 for each of fiscal years 2014 through
2018.''.
(b) Flood Hazard Mitigation Assistance.--There is authorized to be
appropriated for financial assistance under section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c) $210,000,000 for
each of fiscal years 2014 through 2018. Any amounts appropriated
pursuant to this subsection shall be in addition to amounts made
available from the National Flood Mitigation Fund under section 1367 of
such Act (42 U.S.C. 4104d) for such assistance during such fiscal
years. | Helping Owners Mitigate Effectively Act of 2014 or the HOME Act of 2014 - Delays any change in risk premium rates for flood insurance under the National Flood Insurance Program resulting from amendments made by the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters Act) until five years after the enactment date of such Act. Amends the National Flood Insurance Act of 1968 to provide that the maximum annual chargeable flood insurance premium rate for a property shall be the appraised value of the property when purchased by its current owner divided by 30. Amends the Internal Revenue Code to allow a tax credit of up to $7,500 for flood mitigation expenses in a taxable year for policy holders of flood insurance coverage and small businesses. Terminates such credit after December 31, 2022 Amends the Biggert-Waters Act to authorize the Administrator of the Federal Emergency Management Agency (FEMA) to use any other amounts available to the Administrator to carry out the the study of participation in the National Flood Insurance Program and of the affordability of risk-based premiums under such Program. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize increased appropriations for predisaster hazard mitigation for FY2014-FY2018. Authorizes appropriations for flood risk mitigation assistance for FY2014-FY2018. | {"src": "billsum_train", "title": "HOME Act of 2014"} | 1,978 | 320 | 0.621785 | 1.84926 | 0.812739 | 3.386266 | 7.587983 | 0.854077 |
SECTION 1. NUTRITIONAL IMPROVEMENT FOR CHILDREN SERVED UNDER CHILD
NUTRITION PROGRAMS.
(a) In General.--Section 18 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the
following:
``(h) Healthy School Nutrition Environment Incentive Grants.--
``(1) In general.--The Secretary shall establish a program
under which the Secretary shall make competitive grants to
selected elementary and secondary schools--
``(A) to create healthy school nutrition
environments; and
``(B) to assess the impact of the environments on
the health and well-being of children enrolled in the
schools.
``(2) Selection of schools.--In selecting schools to
receive incentive grants under this subsection, the Secretary
shall--
``(A) ensure that not less than 75 percent of
schools selected to participate in the program
established under this subsection are schools in which
not less than 50 percent of the students enrolled in
each school are eligible for free or reduced price
meals under this Act;
``(B) ensure that, of the schools selected to
participate in the program, there is appropriate
representation of rural, urban, and suburban schools,
as determined by the Secretary;
``(C) ensure that, of the schools selected to
participate in the program, there is appropriate
representation of elementary, middle, and secondary
schools, as determined by the Secretary;
``(D) ensure that schools selected to receive a
grant under this subsection meet the requirements of
paragraph (3);
``(E) give priority to schools that develop
comprehensive plans that include the involvement of a
broad range of community stakeholders in achieving
healthy school nutrition environments;
``(F) give priority to schools that develop
comprehensive plans that include a strategy for
maintaining healthy school nutrition environments in
the years following the fiscal years for which the
schools receive grants under this subsection;
``(G) select only schools that submit grant
applications by May 1, 2004; and
``(H) make grant awards effective not later than
July 15, 2004.
``(3) Requirements.--
``(A) Input.--Prior to the solicitation of
proposals for grants under this subsection, the
Secretary shall solicit input from appropriate
nutrition, health, and education organizations (such as
the American School Food Service Association, the
American Dietetic Association, and the National School
Boards Association) regarding the appropriate criteria
for a healthy school environment.
``(B) Criteria for healthy school environments.--
The Secretary shall, taking into account input received
under subparagraph (A), establish criteria for defining
a healthy school environment, including criteria that--
``(i) provide program meals that meet
nutritional standards for breakfasts and
lunches established by the Secretary;
``(ii) ensure that all food served
(including food served in participating schools
and service institutions in competition with
the programs authorized under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.)) on school grounds during regular school
hours is consistent with the nutritional
standards for breakfasts and lunches
established by the Secretary;
``(iii) promote the consumption of fruits
and vegetables;
``(iv) provide nutrition education to
students and staff; and
``(v) meet other criteria established by
the Secretary.
``(C) Plans.--To be eligible to receive a grant
under this subsection, a school shall submit to the
Secretary a healthy school nutrition environment plan
that describes the actions the school will take to meet
the criteria established under subparagraph (B).
``(4) Grants.--For each of fiscal years 2005 through 2008,
the Secretary shall make a grant to each school selected under
paragraph (2).
``(5) Evaluations.--
``(A) In general.--The Secretary, acting through
the Administrator of the Food and Nutrition Service,
shall conduct an evaluation of a representative sample
of schools that receive grants under this subsection.
``(B) Content.--The evaluation shall measure, at a
minimum, the effects of a healthy school nutrition
environment on--
``(i) overweight children and obesity;
``(ii) dietary intake;
``(iii) nutrition education and behavior;
``(iv) the adequacy of time to eat;
``(v) physical activities;
``(vi) parental and student attitudes and
participation; and
``(vii) related funding issues, including
the cost of maintaining a healthy school
nutrition environment.
``(C) Reports.--The Secretary shall submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate--
``(i) not later than December 31, 2005, an
interim report on the activities of schools
evaluated under this subsection; and
``(ii) not later than December 31, 2007, a
final report on the activities of schools
evaluated under this subsection.
``(6) Funding.--
``(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture
to carry out this subsection--
``(i) on October 1, 2003, $10,000,000
``(ii) on October 1, 2004, and each October
1 thereafter through October 1, 2006,
$35,000,000.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
subparagraph (A), without further appropriation.
``(C) Availability of funds.--Funds transferred
under subparagraph (A) shall remain available until
expended.
``(D) Evaluations.--Of the funds made available
under this paragraph, the Secretary shall use not more
than $5,000,000 to conduct evaluations under paragraph
(5).''.
(b) Competitive Foods in Schools.--
(1) In general.--Section 10 of the Child Nutrition Act of
1966 (42 U.S.C. 1779) is amended--
(A) in subsection (a), by striking ``, including''
and all that follows through ``Lunch Act''; and
(B) by striking subsection (b) and inserting the
following:
``(b) Competitive Foods in Schools.--
``(1) In general.--The regulations under subsection (a) may
include provisions that regulate the service of food in
participating schools and service institutions in competition
with the programs authorized under this Act and the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
(referred to in this subsection as `competitive foods').
``(2) Regulations.--The regulations promulgated under
paragraph (1)--
``(A) shall apply to all school grounds during the
duration of the school day;
``(B) shall not supersede or otherwise affect State
and local regulations on competitive foods that, as
determined by the Secretary, conform to the nutritional
goals of the regulations promulgated by the Secretary;
``(C) shall require that the proceeds from the sale
of competitive foods in schools be used for the benefit
of the schools or of organizations of students approved
by the schools, if those sales are allowed by the
regulations;
``(D) shall take into account the differing needs
of--
``(i) elementary schools;
``(ii) middle schools and junior high
schools; and
``(iii) high schools; and
``(E) shall implement the recommendations of the
Institute of Medicine made under paragraph (3).
``(3) Institute of medicine recommendations.--
``(A) In general.--The Secretary of Agriculture
shall offer to enter into an agreement with the
Institute of Medicine of the National Academy of
Sciences under which the Institute of Medicine, based
on sound nutritional science, shall make
recommendations to the Secretary regarding the
regulation of competitive foods (as defined in section
10(b)(1) of the Child Nutrition Act of 1966 (as amended
by paragraph (1)(B))).
``(B) Regulations.--Not later than 1 year after the
date of receipt of final recommendations from the
Institute of Medicine, the Secretary shall promulgate
regulations to carry out section 10(b) of the Child
Nutrition Act of 1966 (as amended by paragraph (1)(B))
in accordance with the recommendations of the Institute
of Medicine.
``(C) Report.--Not later than 1 year after the date
of receipt of final recommendations from the Institute
of Medicine, the Secretary shall submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the actions of the Secretary under
subparagraph (B).''. | Amends the Richard B. Russell National School Lunch Act (NSLA) to direct the Secretary of Agriculture (Secretary) to establish a program of competitive incentive grants to selected elementary and secondary schools to create healthy school nutrition environments and assess the impact of such environments on the health and well-being of children enrolled in the schools.
Amends the Child Nutrition Act of 1966 (CNA) to revise requirements relating to the Secretary's CNA and NSLA regulation of competitive foods in schools. Eliminates a provision which barred such regulations from prohibiting the sale of competitive foods approved by the Secretary in food service facilities or areas during the time of service of food under CNA or NSLA, if the proceeds from the sales of such foods would inure to the benefit of the schools or of organizations of students approved by the schools. Allows such regulations to include provisions that regulate the service of competitive foods. Requires regulations regarding competitive foods to: (1) apply to all school grounds during the duration of the school day; (2) not supersede or otherwise affect State and local regulations on competitive foods that the Secretary determines conform to CNA and NSLA nutritional goals; (3) if such sales are allowed, require proceeds to be used for the benefit of schools or school-approved student organizations; (4) take into account differing needs of elementary, middle and junior high, and high schools; and (5) implement recommendations the Institute of Medicine will make to the Secretary regarding regulation of competitive foods in schools. | {"src": "billsum_train", "title": "A bill to amend the Richard B. Russell National School Lunch Act to improve the nutrition of students served under child nutrition programs."} | 1,920 | 320 | 0.570316 | 1.564056 | 0.869098 | 3.432056 | 6.456446 | 0.909408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Direct Funding for First Responders
Act of 2004''.
SEC. 2. DISTRIBUTION OF 50 PERCENT OF GRANT FUNDS TO LOCAL ENTITIES.
(a) Direct Distribution to Local Entities.--Fifty percent of the
amounts provided under a grant to which this section applies shall be
distributed directly to local entities (including local governments and
first responders).
(b) Allocation.--The funds distributed directly to local entities
under subsection (a) shall be allocated among and by such entities in
the manner proposed in the approved application for the grant.
SEC. 3. COVERED GRANTS.
(a) In General.--Section 2 applies to any grant provided by the
Department of Homeland Security to States or regions to improve the
ability of first responders to prevent, prepare for, respond to, or
mitigate threatened or actual terrorist attacks, especially those
involving weapons of mass destruction, and including any grant under
the following:
(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to such
grant program.
(b) Excluded Programs.--Section 2 does not apply to or otherwise
affect the following Federal grant programs or any grant under such a
program:
(1) Nondepartment programs.--Any Federal grant program that
is not administered by the Department of Homeland Security.
(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229, 2229a).
(3) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program and
the Urban Search and Rescue Grants program authorized by title
VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5195 et seq.); the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000 (113 Stat. 1047
et seq.); and the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.).
SEC. 4. DEFINITIONS.
In this Act:
(1) Region.--The term ``region'' means--
(A) any geographic area consisting of all or parts
of 2 or more contiguous States, counties,
municipalities, or other local governments that have a
combined population of at least 1,650,000 or have an
area of not less than 20,000 square miles, and that,
for purposes of an application for a covered grant, is
represented by 1 or more governments or governmental
agencies within such geographic area, and that is
established by law or by agreement of 2 or more such
governments or governmental agencies in a mutual aid
agreement; or
(B) any other combination of contiguous local
government units (including such a combination
established by law or agreement of two or more
governments or governmental agencies in a mutual aid
agreement) that is formally certified by the Secretary
as a region for purposes of this Act with the consent
of--
(i) the State or States in which they are
located, including a multi-State entity
established by a compact between two or more
States; and
(ii) the incorporated municipalities,
counties, and parishes which they encompass.
(2) Emergency response providers.--The term ``emergency
response providers'' includes Federal, State, and local
emergency public safety, law enforcement, emergency response,
emergency medical (including hospital emergency facilities),
and related personnel, agencies, and authorities.
(3) Local government.--The term ``local government''
means--(A) a county, municipality, city, town, township, local
public authority, school district, special district, intrastate
district, council of governments (regardless of whether the
council of governments is incorporated as a nonprofit
corporation under State law), regional or interstate government
entity, or agency or instrumentality of a local government; (B)
an Indian tribe or authorized tribal organization, or in Alaska
a Native village or Alaska Regional Native Corporation; and (C)
a rural community, unincorporated town or village, or other
public entity.
(4) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States. | Direct Funding for First Responders Act of 2004 - Requires 50 percent of the amounts provided under certain Department of Homeland Security (DHS) grants for first responders to be distributed directly to local entities (including local governments and first responders) and allocated among and by such entities in the manner proposed in the approved grant application.
Makes this Act applicable to DHS grants to States or regions to improve the ability of first responders to prevent, prepare for, respond to, or mitigate threatened or actual terrorist attacks, especially those involving weapons of mass destruction, including any grant under DHS's State Homeland Security Grant Program or Urban Area Security Initiative. Excludes grants not administered by DHS, fire grant programs authorized under the Federal Fire Prevention and Control Act of 1974, and grants under the Emergency Management Performance Grant and the Urban Search and Rescue Grants Programs. | {"src": "billsum_train", "title": "To require that 50 percent of the amounts provided under certain grants provided by the Department of Homeland Security for first responders shall be distributed directly to local entities, and for other purposes."} | 1,008 | 181 | 0.683014 | 1.798123 | 0.945758 | 5.062112 | 5.720497 | 0.937888 |
SECTION 1. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS.
(a) Definitions.--In this section:
(1) Certified monitoring program.--The term ``certified
monitoring program'' means a medical monitoring program--
(A) in which a participating responder is a
participant as a condition of the employment of such
participating responder; and
(B) that the Secretary of Health and Human Services
certifies includes an adequate baseline medical
screening.
(2) Disaster area.--The term ``disaster area'' means an
area in which the President has declared a major disaster (as
that term is defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)),
during the period of such declaration.
(3) High exposure level.--The term ``high exposure level''
means a level of exposure to a substance of concern that is for
such a duration, or of such a magnitude, that adverse effects
on human health can be reasonably expected to occur, as
determined by the President, acting through the Secretary of
Health and Human Services, in accordance with human monitoring
or environmental or other appropriate indicators.
(4) Individual.--The term ``individual'' includes--
(A) a worker or volunteer who responds to a
disaster, either natural or manmade, involving any mode
of transportation in the United States or disrupting
the transportation system of the United States,
including--
(i) a police officer;
(ii) a firefighter;
(iii) an emergency medical technician;
(iv) any participating member of an urban
search and rescue team; and
(v) any other relief or rescue worker or
volunteer that the President, acting through
the Secretary of Health and Human Services,
determines to be appropriate;
(B) a worker who responds to a disaster, either
natural or manmade, involving any mode of
transportation in the United States or disrupting the
transportation system of the United States, by
assisting in the cleanup or restoration of critical
infrastructure in and around a disaster area;
(C) a person whose place of residence is in a
disaster area, caused by either a natural or manmade
disaster involving any mode of transportation in the
United States or disrupting the transportation system
of the United States;
(D) a person who is employed in or attends school,
child care, or adult day care in a building located in
a disaster area, caused by either a natural or manmade
disaster involving any mode of transportation in the
United States or disrupting the transportation system
of the United States, of the United States; and
(E) any other person that the President, acting
through the Secretary of Health and Human Services,
determines to be appropriate.
(5) Participating responder.--The term ``participating
responder'' means an individual described in paragraph (4)(A).
(6) Program.--The term ``program'' means a program
described in subsection (b) that is carried out for a disaster
area.
(7) Substance of concern.--The term ``substance of
concern'' means a chemical or other substance that is
associated with potential acute or chronic human health
effects, the risk of exposure to which could potentially be
increased as the result of a disaster, as determined by the
President, acting through the Secretary of Health and Human
Services, and in coordination with the Agency for Toxic
Substances and Disease Registry, the Environmental Protection
Agency, the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Emergency Management
Agency, the Occupational Health and Safety Administration, and
other agencies.
(b) Program.--
(1) In general.--If the President, acting through the
Secretary of Health and Human Services, determines that 1 or
more substances of concern are being, or have been, released in
an area declared to be a disaster area and disrupts the
transportation system of the United States, the President,
acting through the Secretary of Health and Human Services, may
carry out a program for the coordination, protection,
assessment, monitoring, and study of the health and safety of
individuals with high exposure levels to ensure that--
(A) the individuals are adequately informed about
and protected against potential health impacts of any
substance of concern in a timely manner;
(B) the individuals are monitored and studied over
time, including through baseline and followup clinical
health examinations, for--
(i) any short- and long-term health impacts
of any substance of concern; and
(ii) any mental health impacts;
(C) the individuals receive health care referrals
as needed and appropriate; and
(D) information from any such monitoring and
studies is used to prevent or protect against similar
health impacts from future disasters.
(2) Activities.--A program under paragraph (1) may include
such activities as--
(A) collecting and analyzing environmental exposure
data;
(B) developing and disseminating information and
educational materials;
(C) performing baseline and followup clinical
health and mental health examinations and taking
biological samples;
(D) establishing and maintaining an exposure
registry;
(E) studying the short- and long-term human health
impacts of any exposures through epidemiological and
other health studies; and
(F) providing assistance to individuals in
determining eligibility for health coverage and
identifying appropriate health services.
(3) Timing.--To the maximum extent practicable, activities
under any program carried out under paragraph (1) (including
baseline health examinations) shall be commenced in a timely
manner that will ensure the highest level of public health
protection and effective monitoring.
(4) Participation in registries and studies.--
(A) In general.--Participation in any registry or
study that is part of a program carried out under
paragraph (1) shall be voluntary.
(B) Protection of privacy.--The President, acting
through the Secretary of Health and Human Services,
shall take appropriate measures to protect the privacy
of any participant in a registry or study described in
subparagraph (A).
(C) Priority.--
(i) In general.--Except as provided in
clause (ii), the President, acting through the
Secretary of Health and Human Services, shall
give priority in any registry or study
described in subparagraph (A) to the
protection, monitoring and study of the health
and safety of individuals with the highest
level of exposure to a substance of concern.
(ii) Modifications.--Notwithstanding clause
(i), the President, acting through the
Secretary of Health and Human Services, may
modify the priority of a registry or study
described in subparagraph (A), if the
President, acting through the Secretary of
Health and Human Services, determines such
modification to be appropriate.
(5) Cooperative agreements.--
(A) In general.--The President, acting through the
Secretary of Health and Human Services, may carry out a
program under paragraph (1) through a cooperative
agreement with a medical institution, including a local
health department, or a consortium of medical
institutions.
(B) Selection criteria.--To the maximum extent
practicable, the President, acting through the
Secretary of Health and Human Services, shall select,
to carry out a program under paragraph (1), a medical
institution or a consortium of medical institutions
that--
(i) is located near--
(I) the disaster area with respect
to which the program is carried out;
and
(II) any other area in which there
reside groups of individuals that
worked or volunteered in response to
the disaster; and
(ii) has appropriate experience in the
areas of environmental or occupational health,
toxicology, and safety, including experience
in--
(I) developing clinical protocols
and conducting clinical health
examinations, including mental health
assessments;
(II) conducting long-term health
monitoring and epidemiological studies;
(III) conducting long-term mental
health studies; and
(IV) establishing and maintaining
medical surveillance programs and
environmental exposure or disease
registries.
(6) Involvement.--
(A) In general.--In carrying out a program under
paragraph (1), the President, acting through the
Secretary of Health and Human Services, shall involve
interested and affected parties, as appropriate,
including representatives of--
(i) Federal, State, and local government
agencies;
(ii) groups of individuals that worked or
volunteered in response to the disaster in the
disaster area;
(iii) local residents, businesses, and
schools (including parents and teachers);
(iv) health care providers;
(v) faith based organizations; and
(vi) other organizations and persons.
(B) Committees.--Involvement under subparagraph (A)
may be provided through the establishment of an
advisory or oversight committee or board.
(7) Privacy.--The President, acting through the Secretary
of Health and Human Services, shall carry out each program
under paragraph (1) in accordance with regulations relating to
privacy promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d-2 note; Public Law 104-191).
(8) Existing programs.--In carrying out a program under
paragraph (1), the President, acting through the Secretary of
Health and Human Services, may--
(A) include the baseline clinical health
examination of a participating responder under a
certified monitoring programs; and
(B) substitute the baseline clinical health
examination of a participating responder under a
certified monitoring program for a baseline clinical
health examination under paragraph (1).
(c) Reports.--Not later than 1 year after the establishment of a
program under subsection (b)(1), and every 5 years thereafter, the
President, acting through the Secretary of Health and Human Services,
or the medical institution or consortium of such institutions having
entered into a cooperative agreement under subsection (b)(5), may
submit a report to the Secretary of Homeland Security, the Secretary of
Labor, the Administrator of the Environmental Protection Agency, and
appropriate committees of Congress describing the programs and studies
carried out under the program.
(d) National Academy of Sciences Report on Disaster Area Health and
Environmental Protection and Monitoring.--
(1) In general.--The Secretary of Health and Human
Services, the Secretary of Homeland Security, and the
Administrator of the Environmental Protection Agency shall
jointly enter into a contract with the National Academy of
Sciences to conduct a study and prepare a report on disaster
area health and environmental protection and monitoring.
(2) Participation of experts.--The report under paragraph
(1) shall be prepared with the participation of individuals who
have expertise in--
(A) environmental health, safety, and medicine;
(B) occupational health, safety, and medicine;
(C) clinical medicine, including pediatrics;
(D) environmental toxicology;
(E) epidemiology;
(F) mental health;
(G) medical monitoring and surveillance;
(H) environmental monitoring and surveillance;
(I) environmental and industrial hygiene;
(J) emergency planning and preparedness;
(K) public outreach and education;
(L) State and local health departments;
(M) State and local environmental protection
departments;
(N) functions of workers that respond to disasters,
including first responders;
(O) public health; and
(P) family services, such as counseling and other
disaster-related services provided to families.
(3) Contents.--The report under paragraph (1) shall provide
advice and recommendations regarding protecting and monitoring
the health and safety of individuals potentially exposed to any
chemical or other substance associated with potential acute or
chronic human health effects as the result of a disaster,
including advice and recommendations regarding--
(A) the establishment of protocols for monitoring
and responding to chemical or substance releases in a
disaster area to protect public health and safety,
including--
(i) chemicals or other substances for which
samples should be collected in the event of a
disaster, including a terrorist attack;
(ii) chemical- or substance-specific
methods of sample collection, including
sampling methodologies and locations;
(iii) chemical- or substance-specific
methods of sample analysis;
(iv) health-based threshold levels to be
used and response actions to be taken in the
event that thresholds are exceeded for
individual chemicals or other substances;
(v) procedures for providing monitoring
results to--
(I) appropriate Federal, State, and
local government agencies;
(II) appropriate response
personnel; and
(III) the public;
(vi) responsibilities of Federal, State,
and local agencies for--
(I) collecting and analyzing
samples;
(II) reporting results; and
(III) taking appropriate response
actions; and
(vii) capabilities and capacity within the
Federal Government to conduct appropriate
environmental monitoring and response in the
event of a disaster, including a terrorist
attack; and
(B) other issues specified by the Secretary of
Health and Human Services, the Secretary of Homeland
Security, and the Administrator of the Environmental
Protection Agency.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection. | Authorizes the President (acting through the Secretary of Health and Human Substances), upon determining that a substance of concern has been released in an area declared to be a disaster area and has disrupted the transportation system of the United States, to carry out a program for the coordination, protection, assessment, monitoring and study of the health and safety of responding or affected individuals with high exposure levels. Requires that such a program: (1) apply to workers or volunteers, clean up workers, residents of the area, and persons who are employed in or who attend school in the area; (2) ensure that such individuals are informed about and protected against potential health impacts of any such substance in a timely manner, are monitored and studied for any health impacts, and receive health care referrals; and (3) ensure that information from any such monitoring and studies is used to prevent or protect against similar health impacts.
Requires the President to take appropriate measures to protect the privacy of any participant in a registry or study. Gives priority in any registry or study to the protection, monitoring, and study of the heath and safety of individuals with the highest level of exposure to a substance of concern.
Allows the President to carry out such a program through a cooperative agreement with a medical institution.
Requires the Secretary, the Secretary of Homeland Security, and the Administrator of the Environmental Protection Agency (EPA) to jointly enter into a contract with the National Academy of Sciences to study disaster area health and environmental protection and monitoring. | {"src": "billsum_train", "title": "To provide for the protection of health and safety during certain disasters."} | 2,783 | 320 | 0.558245 | 1.672984 | 0.743266 | 4.690236 | 9.16835 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improved Vaccine Supply Act''.
SEC. 2. SUPPLY OF VACCINES.
Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et
seq.) is amended by adding at the end the following:
``Subtitle 3--Adequate Vaccine Supply
``SEC. 2141. SUPPLY OF VACCINES.
``(a) In General.--
``(1) Plan.--Not later than 3 months after the date of
enactment of this section, the Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall develop a plan for the purchase, storage, and rotation of
a supply of vaccines sufficient to provide routinely
recommended vaccinations for a 6-month period for--
``(A) a national stockpile of vaccines for all
children as authorized under section 1928(d)(6) of the
Social Security Act (42 U.S.C. 1396s(d)(6)); and
``(B) adults.
``(2) Supply.--The supply of vaccines under paragraph (1)
shall--
``(A) include all vaccines routinely recommended
for children by the Advisory Committee on Immunization
Practices;
``(B) include all vaccines routinely recommended
for adults by the Advisory Committee on Immunization
Practices; and
``(C) include other vaccines, as designated by the
Secretary, that contribute to public health
preparedness efforts.
``(3) Supply authority.--The Secretary shall carry out--
``(A) paragraph (2)(A) using the authority provided
for under section 1928(d)(6) of the Social Security Act
(42 U.S.C. 1396s(d)(6)); and
``(B) paragraph (2)(B) using--
``(i) the authority provided for under
section 317; and
``(ii) any other authority relating to the
vaccines described in such paragraph.
``(b) Submission of Plan.--
``(1) In general.--Not later than 6 months after the date
of enactment of this section, the Secretary shall submit the
plan developed under subsection (a) to--
``(A) the Committee on Health, Education, Labor,
and Pensions of the Senate;
``(B) the Committee on Finance of the Senate; and
``(C) the Committee on Energy and Commerce of the
House of Representatives.
``(2) Inclusions.--The plan shall include a discussion of
the considerations that formed--
``(A) the basis for the plan; and
``(B) the prioritization of the schedule for
purchasing vaccines set forth in the plan.
``(c) Implementation of the Plan.--Not later than September 30,
2008, the Secretary shall fully implement the plan developed under
subsection (a).
``(d) Notice.--
``(1) In general.--For the purposes of maintaining and
administering the supply of vaccines described under subsection
(a), the Secretary shall require by contract that the
manufacturer of a vaccine included in such supply provide not
less than 1 year notice to the Secretary of a discontinuance of
the manufacture of the vaccine, or of other factors, that may
prevent the manufacturer from providing vaccines pursuant to an
arrangement made to carry out this section.
``(2) Reduction of period of notice.--The notification
period required under paragraph (1) may be reduced if the
manufacturer certifies to the Secretary that good cause exists
for reduction, under the conditions described in section
506C(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356c).
``(e) Proceeds.--Any proceeds received by the Secretary from the
sale of vaccines contained in the supply maintained pursuant to this
section, shall be available to the Secretary for the purpose of
purchasing additional vaccines for the supply. Such proceeds shall
remain available until expended.
``(f) Ongoing Reports.--
``(1) In general.--Not later than 2 years after submitting
the plan pursuant to subsection (b), and periodically
thereafter, the Secretary shall submit a report to the
Committees identified in subsection (b)(1) that--
``(A) details the progress made in implementing the
plan developed under subsection (a); and
``(B) notes impediments, if any, to implementing
the plan developed under subsection (a).
``(2) Recommendation.--The Secretary shall include in the
first of such reports required under paragraph (1)--
``(A) a recommendation as to whether the vaccine
supply should be extended beyond the 6-month period
provided in subsection (a); and
``(B) a discussion of the considerations that
formed the recommendation under subparagraph (A).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2008 through 2012.''. | Improved Vaccine Supply Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop a plan for the purchase, storage, and rotation of a six-month supply of vaccines routinely recommended for children and adults and vaccines that contribute to public health preparedness efforts.
Requires the Secretary to: (1) fully implement the plan; and (2) require manufacturers of vaccines included in such supply to provide at least one year notice of a discontinuance of the manufacture of a vaccine. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to improve immunization rates by increasing the supply of vaccines."} | 1,123 | 131 | 0.609059 | 1.462257 | 0.674529 | 4.025862 | 8.663793 | 0.922414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personnel Security Act of 1994''.
SEC. 2. AMENDMENT TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended by inserting at the end thereof the following new title:
``TITLE VIII--ACCESS TO TOP SECRET INFORMATION
``eligibility for access to top secret information
``Sec. 801. (a) The President and Vice President, Members of the
Congress, Justices of the Supreme Court and judges of other courts of
the United States established pursuant to Article III of the
Constitution, shall, by virtue of their elected or appointed positions,
be entitled to access to Top Secret information needed for the
performance of their governmental functions without regard to the other
provisions of this title.
``(b) Among employees of the United States Government, access to
Top Secret information shall be limited to employees who--
``(1) have been granted access to such information pursuant
to this title;
``(2) are citizens of the United States who require access
to such information for the performance of official
governmental functions; and
``(3) have been determined to be trustworthy based upon a
background investigation and appropriate reinvestigations and
have otherwise satisfied the requirements of section 802,
below.
``(c) Access to Top Secret information by persons other than those
identified in subsections (a) and (b) shall be permitted only in
accordance with the regulations issued by the President pursuant to
section 802 below.
``implementing regulations
``Sec. 802. The President shall, within 180 days of enactment of
this title, issue regulations to implement this title which shall be
binding upon all departments, agencies, and offices of the Executive
branch. These regulations shall, at a minimum provide that--
``(a) no employee of the United States Government shall be
given access to Top Secret information owned, originated or
possessed by United States, after the effective date of this
title, by any department, agency, or entity of the United
States Government unless such person has been subject to an
appropriate background investigation and has--
``(1) provided consent to the investigative agency
responsible for conducting the security investigation
of such person, during the initial background
investigation and for such times as access to such
information is maintained, and for 5 years thereafter,
permitting access to--
``(A) financial records concerning the
subject pursuant to section 1104 of the Right
to Financial Privacy Act of 1978;
``(B) consumer reports concerning the
subject pursuant to section 1681b of the
Consumer Credit Protection Act; and
``(C) records maintained by commercial
entities within the United States pertaining to
any travel by the subject outside the United
States: Provided, that--
``(i) no information may be
requested by an authorized
investigative agency pursuant to this
section for any purpose other than
making a security determination, unless
such agency has reasonable grounds to
believe, based upon specific and
articulable facts available to it, that
such person may pose a threat to the
continued security of the information
to which he or she had previously had
access; and
``(ii) any information obtained by
an authorized investigative agency
pursuant to this section shall not be
disseminated to any other department,
agency, or entity for any purpose other
than: (A) for making a security
determination; or (B) for foreign
counterintelligence or law enforcement
purposes;
``(2) agreed, during the period of his or her
access, to report to the department, agency, or entity
granting such access in accordance with applicable
regulations, any travel to foreign countries which has
not been authorized as part of the subject's official
duties; and
``(3) agreed to report to the Federal Bureau of
Investigation, or to appropriate investigative
authorities of the department, agency, or entity
concerned, any unauthorized contacts with persons known
to be foreign nationals or persons representing foreign
nationals, where an effort to acquire classified
information is made by the foreign national, or where
such contacts appear intended for this purpose. For
purposes of this subsection, the term `unauthorized
contacts' does not include contacts made within the
context of an authorized diplomatic relationship.
Failure by the employee to comply with any of the
requirements of this subsection shall constitute
grounds for denial or termination of access to the Top
Secret information concerned.
``(b) all employees granted access to Top Secret
information pursuant to this subsection shall also be subject
to--
``(1) additional background investigations by
appropriate governmental authorities during the period
of access at no less frequent interval than every 5
years, except that any failure to satisfy this
requirement that is not solely attributable to the
subject of the investigation shall not result in a loss
or denial of access; and
``(2) investigation by appropriate governmental
authority at any time during the period of access to
ascertain whether such persons continue to meet the
requirements for access;
``(c) access to Top Secret information by categories of
persons who do not meet the requirements of subsections (A) and
(B) of this section may be permitted only where the president,
or officials designated by the President for this purpose,
determine that such access is essential to protect or further
the national security interests of the United States; and
``(d) a single office within the Executive branch shall be
designated to monitor the implementation and operation of this
title within the Executive branch. This office shall submit an
annual report to the President and appropriate committees of
the Congress, describing the operation of this title and
recommending needed improvements. A copy of the regulations
implementing this title shall be provided to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives thirty days prior to their effective date.
``waivers for individual cases
``Sec. 803. In extraordinary circumstances, when essential to
protect or further the national security interests of the United
States, the President (or officials designated by the President for
this purpose) may waive the provisions of this title, or the provisions
of the regulations issued pursuant to section 802, above, in individual
cases involving persons who are citizens of the United States or are
persons admitted into the United States for permanent residence:
Provided, that all such waivers shall be made a matter of record and
reported to the office designated pursuant to subsection 802(D), above,
and shall be available for review by the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
``definitions
``Sec. 804. For purposes of this title--
``(a) the term `national security' refers to the national
defense and foreign relations of the United States;
``(b) the phrases `information classified in the interest
of national security' or `classified information' mean any
information originated by or on behalf of the United States
Government, the unauthorized disclosure of which would cause
damage to the national security, which has been marked and is
controlled pursuant to the Executive Order 12356 of April 2,
1982, or successor orders, or the Atomic Energy Act of 1954;
``(c) the term `Top Secret information' means information
classified in the interests of national security, the
unauthorized disclosure of which would cause exceptionally
grave damage to the national security;
``(d) the term `employee' includes any person who receives
a salary or compensation of any kind from the United States
Government, is a contractor of the United States Government, is
an unpaid consultant of the United States Government, or
otherwise acts for or on behalf of the United States
Government, but does not include the President or Vice
President of the United States, Members of the Congress of the
United States, Justices of the Supreme Court or judges of other
federal courts established pursuant to Article III of the
Constitution; and
``(e) the term `authorized investigative agency' means an
agency authorized by law or regulation to conduct
investigations of persons who are proposed for access to Top
Secret information to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to such
information.
``effective date
``Sec. 805. This title shall take effect 180 days after the date of
its enactment.'' | Personnel Security Act of 1994 - Amends the National Security Act of 1947 to: (1) entitle the President and Vice President, Members of Congress, Justices of the Supreme Court, and judges of other U.S. courts established pursuant to Article III of the Constitution to access to top secret information needed for the performance of their governmental functions (category I); and (2) limit such access to only those Government employees who are U.S. citizens who require access for the performance of official governmental functions, who have been determined to be trustworthy based upon a background investigation and appropriate reinvestigations, and who have otherwise satisfied specified requirements (category II).
Permits access by others only in accordance with regulations to be issued by the President providing that: (1) no Government employee shall be given access unless such employee has been subject to an appropriate background investigation, has consented to permit examination of financial records, consumer reports, and foreign travel records maintained by U.S. commercial entities pertaining to such employee and has agreed to report any foreign travel which has not been authorized as part of the subject's official duties and any unauthorized contracts with persons known to be foreign nationals or persons representing foreign nations where an effort to acquire classified information is made or where such contacts appear intended for such purpose; (2) all employees granted access shall be subject to additional background investigations at least every five years and to investigation at any time during the period of access; (3) access by persons other than those in categories I and II may be permitted only where the President determines that such access is essential to protect or further national security interests; and (4) a single office within the executive branch shall be designated to monitor and report regarding the implementation and operation of this title.
Provides for waivers in extraordinary cases. | {"src": "billsum_train", "title": "Personnel Security Act of 1994"} | 1,785 | 375 | 0.68947 | 2.237268 | 0.813231 | 4.103448 | 5.132184 | 0.925287 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Taxation Without Representation
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The phrase ``no taxation without representation'' was a
rallying cry of many American colonists during the period of
British rule in the 1760s and early 1770s. The slogan gained
widespread notoriety after the passage of the Sugar Act on
April 5, 1764.
(2) American colonists increasingly resented being levied
taxes without having actual legislators seated and voting in
Parliament in London. The idea that there should be no taxation
without representation dated back even further. Benjamin
Franklin stated, ``it is suppos'd an undoubted Right of
Englishmen not to be taxed but by their own Consent given thro'
their Representatives.''.
(3) This issue became even more defined in 1765 with the
passage of the Stamp Act which was the first true attempt to
levy a direct tax on the American colonies. Ultimately the tax
was repealed, but the idea of no taxation without
representation persisted.
(4) Article I, section 2, clause 1 of the United States
Constitution, states, ``The House of Representatives shall be
composed of Members chosen every second Year by the People of
the several States, and the Electors in each State shall have
the Qualifications requisite for Electors of the most numerous
Branch of the State Legislature.''.
(5) The Organic Act of 1801 placed Washington, DC, under
the exclusive jurisdiction of the United States Congress and
people in the District were no longer considered residents of
Virginia or Maryland.
(6) Many in Washington, DC, were immediately opposed to the
idea of being taxed without congressional representation and
over the years several congressional leaders introduced
constitutional amendments to give the District of Columbia
voting representation, though none were successful.
(7) In 1898, Puerto Rico was acquired by the United States
and currently has a Resident Commissioner with limited voting
rights. Section 933 of the Internal Revenue Code of 1986
exempts bona fide citizens who are residents of Puerto Rico for
the entire taxable year from Federal taxes on income earned in
Puerto Rico.
(8) On March 31, 1917, the United States took possession of
the Virgin Islands and in 1927, the territory's residents were
granted citizenship. Under section 932 of the Internal Revenue
Code of 1986, individuals who are bona fide residents of the
United States Virgin Islands during the entire taxable year,
and who fully pay all income tax liabilities to the United
States Virgin Islands, are not subject to Federal income taxes
on their income.
(9) Guam was established as a territory of the United
States after the passage of the Guam Organic Act of 1950. Under
the provisions of section 935 of the Internal Revenue Code of
1986, residents of Guam are required to file tax returns with
Guam, but not with the United States Federal Government and
therefore the residents do not have to pay United States
Federal income taxes.
(10) The Commonwealth of the Northern Mariana Islands was
established in 1975 after residents decided not to pursue
independence, but instead they opted to enter into territory
negotiations. The tax treatment of the Northern Mariana Islands
is similar to the structure of Guam in that bona fide residents
are not required to pay Federal income taxes.
(11) American Samoa, which is technically considered
``unorganized'' because no Organic Acts have been passed by
Congress, is governed by section 931 of the Internal Revenue
Code of 1986. Under this section, bona fide year-round
residents are exempt from Federal taxes on income they earn in
Samoa, Guam, and Northern Mariana Islands, but are subject to
Federal taxes on income earned elsewhere.
(12) In keeping with the early history and democratic
traditions of the United States, the principles established in
the Constitution, and in conformance with the other territories
of the United States which have delegates but no
Representative, the residents of the District of Columbia
should be exempt from paying United States Federal income
taxes.
SEC. 3. EXCLUSION FROM GROSS INCOME FOR INCOME FROM SOURCES WITHIN THE
DISTRICT OF COLUMBIA.
(a) In General.--Subpart D of part III of subchapter N of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 938. INCOME FROM SOURCES WITHIN THE DISTRICT OF COLUMBIA.
``(a) General Rule.--In the case of an individual who is a bona
fide resident of the District of Columbia during the entire taxable
year, gross income shall not include--
``(1) income derived from sources within the District of
Columbia, and
``(2) income effectively connected with the conduct of a
trade or business by such individual within the District of
Columbia.
``(b) Deductions, etc. Allocable to Excluded Amounts Not
Allowable.--An individual shall not be allowed--
``(1) as a deduction from gross income any deductions
(other than the deduction under section 151, relating to
personal exemptions), or
``(2) any credit, properly allocable or chargeable against
amounts excluded from gross income under this section.
``(c) Bona Fide Resident and Other Applicable Rules.--For purposes
of this section, rules similar to the rules of section 876, 937,
957(c), 3401(a)(8)(D), and 7654 shall apply.''.
(b) Clerical Amendment.--The table of sections for subpart D of
part III of subchapter N of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 938. Income from sources within the District of Columbia.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | No Taxation Without Representation Act Amends the Internal Revenue Code to allow bona fide residents of the District of Columbia an exclusion from gross income for income derived from sources within the District of Columbia and for income effectively connected with a trade or business within the District of Columbia. | {"src": "billsum_train", "title": "No Taxation Without Representation Act"} | 1,318 | 62 | 0.464413 | 1.205019 | 0.703748 | 4.134615 | 23.192308 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers Are Leaders Act''.
SEC. 2. TEACHER LEADER DEVELOPMENT PROGRAM.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended--
(1) in section 200--
(A) by redesignating paragraphs (21), (22), and
(23), as paragraphs (22), (23), and (24), respectively;
and
(B) by inserting after paragraph (20) the
following:
``(21) Teacher leader.--The term `teacher leader' means a
teacher who carries out formalized leadership responsibilities
based on demonstrated school needs, while maintaining a role as
a classroom instructor.''; and
(2) in section 202--
(A) in subsection (b)(6)(C), by striking
``subsection (f) or (g)'' and inserting ``subsection
(g) or (h)'';
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``a
teacher leader development program under
subsection (f),'' after ``subsection (e),'';
and
(ii) in paragraph (2), by striking
``subsection (f)'' and inserting ``subsection
(g)'';
(C) by redesignating subsections (f), (g), (h),
(i), (j), and (k), as subsections (g), (h), (i), (j),
(k), and (l), respectively; and
(D) by inserting after subsection (e) the
following:
``(f) Teacher Leader Development Program.--
``(1) In general.--A teacher leader development program
carried out with a grant awarded under this section shall
involve the professional development of teachers, as described
in paragraph (2), who maintain their roles as classroom
teachers but who also carry out formalized leadership
responsibilities to increase the academic achievement of
students and promote data-driven instructional practices that
address the demonstrated needs at their schools, such as--
``(A) development of curriculum and curricular
resources;
``(B) facilitating the work of committees and
teams;
``(C) family and community engagement;
``(D) school discipline and culture;
``(E) peer observations and coaching; or
``(F) dual enrollment instruction.
``(2) Professional development.--The professional
development of teachers in a teacher leader development program
carried out with a grant awarded under this section shall
include--
``(A) one year of professional development,
training, and support that may--
``(i) include--
``(I) the engagement of teachers in
rigorous coursework and fieldwork
relevant to their role as a teacher
leader, including available teacher
leader standards; and
``(II) regular observations and
professional support from--
``(aa) a principal, vice
principal, or a designated
instructional leader of the
school;
``(bb) a representative
from the institution of higher
education that is a partner in
the eligible entity;
``(cc) a representative
from another entity that is a
partner in the eligible entity;
and
``(dd) another member of
the teacher leader cohort, if
applicable, or a peer teacher;
and
``(ii) result in the awarding of a
credential in teacher leadership; and
``(B) one or 2 additional years of support from a
principal, vice principal, or a designated
instructional leader of the school, a representative
from the institution of higher education that is a
partner in the eligible entity, and a representative
from another entity that is a partner in the eligible
entity.
``(3) Teacher leader development program plan.--In carrying
out a teacher leader development program under this section, an
eligible entity shall develop a plan that shall describe--
``(A) how the work hours of teacher leaders will be
allocated between their classroom responsibilities and
responsibilities as a teacher leader, which may include
a description of whether the teacher leader will be
relieved from teaching duties during their
participation in the teacher leader development
program;
``(B) how the partnership will support teacher
leaders after the first year of professional
development in the program; and
``(C) how teacher leader activities could be
sustained by the eligible partnership after the program
concludes, which may include a description of
opportunities for the teacher leaders to assist in the
educator preparation program at the institution of
higher education in the partnership.
``(4) Selection of teacher leaders; use of funds.--In
carrying out a teacher leader development program under this
section, an eligible entity--
``(A) shall select a teacher for participation in
the program--
``(i) who--
``(I) is fully certified to teach
in the State in which the high-need
local educational agency that is a
partner in the eligible entity is
located;
``(II) is employed by a high-need
local educational agency that is a
partner in the eligible entity;
``(III) has not less than 3 years
of teaching experience; and
``(IV) submits an application for
participation to the eligible entity;
and
``(ii) based on selection criteria that
includes--
``(I) demonstration of strong
content knowledge or a record of
accomplishment in the field or subject
area the teacher will support as a
teacher leader; and
``(II) demonstration of attributes
linked to effective teaching that is
determined through interviews,
observations, artifacts, student
achievement, or performance
assessments, such as those leading to
an advanced credential;
``(B) may develop admissions goals and priorities
for the teacher leader development program that--
``(i) are aligned with the demonstrated
needs of the school or high-need local
educational agency in which the teacher is
employed;
``(ii) considers cultural competencies that
would make the applicant effective in the
applicant's teacher leader role; and
``(iii) considers whether the teacher has
substantial teaching experience in the school
in which the teacher is employed or in a school
that is similar to the school in which the
teacher is employed;
``(C) shall use the grant funds to pay for costs of
training and supporting teacher leaders for not less
than 2 years and not more than 3 years;
``(D) may use the grant funds to pay for a portion
of a stipend for teacher leaders if such grant funds
are matched by additional non-Federal public or private
funds as follows:
``(i) During each of the first and second
years of the grant period, grant funds may pay
not more than 50 percent of such stipend.
``(ii) During the third year of the grant
period, grant funds may pay not more than 33
percent of such stipend; and
``(E) may require teacher leaders to pay back the
cost of attaining a credential if they do not complete
their term of service in the teacher leader development
program.''. | Teachers Are Leaders Act This bill amends the Higher Education Act of 1965 to authorize grants for the establishment of professional development programs for teachers who remain in the classroom while also carrying out formalized leadership responsibilities. | {"src": "billsum_train", "title": "Teachers Are Leaders Act"} | 1,557 | 56 | 0.513366 | 1.212221 | 0.949524 | 2.083333 | 43.194444 | 0.75 |
SECTION 1. ENHANCED PERIMETER SECURITY AND ACCESS CONTROL THROUGH
COMPREHENSIVE SCREENING OF AIRPORT WORKERS.
(a) Pilot Program.--Not later than 120 days after the date of the
enactment of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall carry out a pilot
program at 7 service airports to screen all individuals with unescorted
access to secure and sterile areas of the airport in accordance with
section 44903(h) of title 49, United States Code.
(b) Participating Airports.--At least 2 of the airports
participating in the pilot program shall be large hub airports (as
defined in section 40102 of title 49, United States Code). At least 1
of the airports participating in the pilot program shall be a category
III airport. Each of the remaining airports participating in the pilot
program shall represent a different airport security risk category (as
defined by the Assistant Secretary).
(c) Screening Standards.--
(1) In general.--Except as provided under paragraphs (2)
and (3), screening for individuals with unescorted access under
the pilot program shall be conducted under the same standards
as apply to passengers at airport security screening
checkpoints and, at a minimum of 1 airport, shall be carried
out by a private screening company that meets the standards in
accordance with section 44920(d) of title 49, United States
Code. That airport shall be an airport that uses such a private
screening company to carry out passenger screenings as of the
date of the enactment of this Act.
(2) Designated screening lane.--In addition to the
requirements under paragraph (1), each airport participating in
the pilot program shall designate at least one screening lane
at each airport security screening checkpoint to be used to
screen individuals with unescorted access on a priority basis
under the pilot program. Such lane may also be used to screen
passengers.
(3) Alternative means of screening.--At 1 of the 7 airports
participating in the pilot program, the Assistant Secretary
shall deploy, instead of the screening standards required under
paragraphs (1) and (2), alternative means of screening all
individuals with unescorted access to secure and sterile areas
of the airport. Alternative means of screening may include--
(A) biometric technology for airport access
control;
(B) behavior recognition programs;
(C) canines to screen individuals with unescorted
access to secure and sterile areas of the airport;
(D) targeted physical inspections of such
individuals;
(E) video cameras; and
(F) increased vetting, training, and awareness
programs for such individuals.
(d) Vulnerability Assessments.--As part of the pilot program under
this section, the Assistant Secretary shall conduct a vulnerability
assessment of each airport participating in the pilot program. Each
such assessment shall include an assessment of vulnerabilities relating
to access badge and uniform controls.
(e) Technology Assessments.--Airport operators at each airport at
which the pilot program under this section is implemented shall conduct
an assessment of the screening technology being used at that airport
and submit the results of the assessment to the Assistant Secretary.
The Assistant Secretary shall compile the results of all the
assessments and provide them to each airport participating in the pilot
program.
(f) Operational Assessments.--As part of the pilot program under
this section, the Assistant Secretary shall conduct an operational
assessment at each airport participating in the pilot program. Each
such assessment shall include an evaluation of--
(1) the effect on security of any increase in terminal
congestion created as a result of screening individuals with
unescorted access under the pilot program;
(2) the average wait times at screening checkpoints for
passengers and individuals with unescorted access;
(3) any additional personnel required to screen individuals
with unescorted access;
(4) the effect of screening individuals with unescorted
access on other security-related activities at the airport;
(5) any lost productivity of individuals with unescorted
access associated with airport participation in the pilot
program; and
(6) the rate at which ``prohibited items'' are detected and
confiscated from individuals with unescorted access.
(g) Duration.--The pilot program shall be carried out for a period
of not less than 180 days.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(i) Report.--
(1) In general.--Not later than 90 days after the last day
of the pilot program, the Assistant Secretary shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
pilot program.
(2) Contents of report.--The report shall include the
following:
(A) An assessment of the effect of screening all
airport workers with access to secure and sterile
airport areas on screening and logistical resources.
(B) An assessment of the security improvements that
are achieved from screening such workers.
(C) An assessment of the costs of screening such
workers.
(D) The results of the vulnerability assessments
conducted under subsection (d).
(E) An estimate of the infrastructure and personnel
requirements necessary to implement a screening program
for individuals with unescorted access at all
commercial service airports in the United States in
order to process each such individual and each
passenger through each screening checkpoint in fewer
than 10 minutes.
Passed the House of Representatives December 11, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Directs the Assistant Secretary of Homeland Security (Transportation Security Administration) to: (1) implement a pilot program at seven commercial service airports to screen all individuals with unescorted access to secure and sterile areas of the airport; and (2) conduct a vulnerability assessment of, and an operational assessment at, each airport participating in such program. Requires: (1) at least two of the participating airports to be large hub airports and at least one of the airports to be a category III airport, with each of the remaining airports representing a different airport security risk category; (2) screening to be conducted under the same standards as apply to passengers at airport security screening checkpoints, to be carried out by private screeners, and, in addition, the designation of at least one lane to be used to screen individuals with unescorted access on a priority basis; (3) deployment of alternative means of screening of all individuals at one of the participating airports; (4) each participating airport operator to conduct an assessment of the screening technology used at the airport and to submit the results to the Assistant Secretary; and (5) the program to be carried out for not less than 180 days.
Authorizes appropriations.
Requires the Assistant Secretary to report to Congress on the results of the program. | {"src": "billsum_train", "title": "To direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to address vulnerabilities in aviation security by carrying out a pilot program to screen airport workers with access to secure and sterile areas of airports, and for other purposes."} | 1,208 | 273 | 0.726053 | 2.128626 | 0.833745 | 3.556 | 4.484 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Delaware Wild and Scenic
Rivers Act''.
SEC. 2. FINDINGS.
The Congress finds that the following:
(1) Public Law 102-460 directed the Secretary of the
Interior to conduct a study of the eligibility and suitability
of the lower Delaware River in cooperation and consultation
with appropriate Federal, State, regional, and local agencies,
including, but not limited to, the Pennsylvania Department of
Conservation and Natural Resources, the New Jersey Department
of Environmental Protection, the Delaware and Lehigh Navigation
Canal National Heritage Corridor Commission, and the Delaware
and Raritan Canal Commission.
(2) During the study, the Lower Delaware Wild and Scenic
River Study Task Force and the National Park Service prepared a
river management plan for the study area, entitled ``Lower
Delaware River Management Plan'', dated August 1997, which
establishes goals and actions that will ensure long-term
protection of the river's outstanding values and compatible
management of their land and water resources. Twenty-four
municipalities along segments of the Delaware River eligible
for designation passed resolutions supporting the Lower
Delaware River Management Plan, agreeing to take action as
appropriate to implement the goals of the plan, and endorsing
designation of the river.
(3) Segments of the lower Delaware River and its
tributaries, the Paulinskill River, Cook's Creek, Tinicum
Creek, Tohickon Creek, and Paunacussing Creek are eligible for
inclusion into the National Wild and Scenic Rivers System--
(A) Segment a.--The segment from the Delaware Water
Gap to the toll bridge connecting Columbia, New Jersey,
and Portland, Pennsylvania (approximately 9.2 miles,
14.8 kilometers)--Recreational.
(B) Segment b.--The segment from Erie Lackawann
railroad bridge to the southern tip of Dildine Island
(approximately 3.6 miles, 5.8 kilometers)--
Recreational.
(C) Segment c.--The segment from the southern tip
of Mack Island to the northern border of the town of
Belvidere, New Jersey (approximately 2 miles, 3.2
kilometers)--Recreational.
(D) Segment d.--The segment from the southern
border of the town of Belvidere, New Jersey, to the
northern border of the city of Easton, Pennsylvania,
excluding river mile 196.0 to 193.8 (approximately 12.5
miles, 20.1 kilometers)--Recreational.
(E) Segment e.--The segment from the southern
border of the town of Phillipsburg, New Jersey, to a
point just north of Gilbert generating station
(approximately 9.5 miles, 15.2 kilometers)--
Recreational.
(F) Segment f.--The segment point just south of the
Gilbert generating station to a point just north of the
Point Pleasant pumping station (approximately 14.2
miles, 22.8 kilometers)--Recreational.
(G) Segment g.--The segment from the point just
south of the Point Pleasant pumping station to a point
1,000 feet north of the Route 202 bridge (approximately
6.3 miles, 10.1 kilometers)--Recreational.
(H) Segment h.--The segment from a point 1,750 feet
south of the Route 202 bridge to the southern border of
the town of New Hope, Pennsylvania (approximately 1.9
miles, 3.0 kilometers)--Recreational.
(I) Segment i.--The segment from the southern
boundary of the town of New Hope, Pennsylvania, to the
town of Washington Crossing, Pennsylvania
(approximately 6 miles, 9.7 kilometers)--Recreational.
(J) Segment j.--Paulinskill River in Knowlton
Township (approximately 2.4 miles, 3.8 kilometers)--
Recreational.
(K) Segment k.--Cook's Creek (approximately 3.5
miles, 5.6 kilometers)--Scenic.
(L) Segment l.--Tinicum Creek (approximately 15.9
miles, 25.6 kilometers)--Scenic.
(M) Segment m.--Tohickon Creek (approximately 25.6
miles, 41.2 kilometers)--Scenic.
(N) Segment n.--Paunacussing Creek in Solebury
Township (approximately 3 miles, 4.8 kilometers)--
Recreational.
SEC. 3. 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:
``( ) Lower delaware river and associated tributaries, new
jersey and pennsylvania.--
``(A) The 65.6 miles of river segments in New
Jersey and Pennsylvania consisting of:
``(i) The segment from river mile 193.8 to
the northern border of the city of Easton,
Pennsylvania (approximately 10.5 miles, 16.9
kilometers), to be administered by the
Secretary of the Interior as a recreational
river.
``(ii) The segment from a point just south
of the Gilbert generating station to a point
just north of the Point Pleasant pumping
station (approximately 14.2 miles, 22.8
kilometers), to be administered by the
Secretary of the Interior as a recreational
river.
``(iii) The segment from a point just south
of the Point Pleasant pumping station to a
point 1,000 feet north of the Route 202 bridge
(approximately 6.3 miles, 10.1 kilometers), to
be administered by the Secretary of the
Interior as a recreational river.
``(iv) The segment from a point 1,750 feet
south of the Route 202 bridge to the southern
border of the town of New Hope, Pennsylvania
(approximately 1.9 miles, 3.0 kilometers), to
be administered by the Secretary of the
Interior as a recreational river.
``(v) The segment from the southern
boundary of the town of New Hope, Pennsylvania,
to the town of Washington Crossing,
Pennsylvania (approximately 6 miles, 9.7
kilometers), to be administered by the
Secretary of the Interior as a recreational
river.
``(vi) Tinicum Creek (approximately 14.7
miles, 23.7 kilometers), to be administered by
the Secretary of the Interior as a scenic
river.
``(vii) Tohickon Creek from the Lake
Nockamixon Dam to the Delaware River
(approximately 10.7 miles, 17.2 kilometers), to
be administered by the Secretary of the
Interior as a scenic river.
``(viii) Paunacussing Creek in Solebury
Township (approximately 3 miles, 4.8
kilometers), to be administered by the
Secretary of the Interior as a recreational
river.
``(B) The segments designated by this paragraph
shall be administered by the Secretary of the Interior
as components of the National Park System in
cooperation with appropriate Federal, State, regional,
and local agencies, including the New Jersey Department
of Environmental Protection, the Pennsylvania
Department of Conservation and Natural Resources, the
Delaware and Lehigh Navigation Canal Heritage Corridor
Commission, the Delaware and Raritan Canal Commission,
and the Delaware River Greenway Partnership. The
segments shall be managed in accordance with the plan
entitled `Lower Delaware River Management Plan'. Such
plan shall be deemed to satisfy the requirements for a
comprehensive management plan under section 3(d).''.
SEC. 4. MANAGEMENT.
(a) Federal Role.--(1) The Secretary of the Interior acting through
the Director of the National Park Service, shall carry out the Lower
Delaware River Management Plan and the provisions of this Act and the
Wild and Scenic Rivers Act with respect to each of the segments
designated by section 3, including the review of proposed federally
assisted water resources projects that could have a direct and adverse
effect on the values for which the segment is established, as
authorized under section 7(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1278(a)). In determining whether a proposed water
resources project would have a direct and adverse effect on the values
for which the segments are designated were included in the National
Wild and Scenic Rivers System, the Secretary, acting through the
Director, shall specifically consider the extent to which the project
is consistent with the Lower Delaware River Management Plan.
(2) Pursuant to sections 10(e) and 11(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Secretary of the
Interior, acting through the Director of the National Park Service, may
enter into cooperative agreements with the States of New Jersey and
Pennsylvania and other organizations as appropriate. Such cooperative
agreements shall be consistent with the Lower Delaware River Management
Plan and may include provisions for financial or other assistance from
the United States to facilitate the long-term protection, conservation,
and enhancement of each of the segments designated by section 3 of this
Act.
(3) The Secretary of the Interior, acting through the Director, may
provide technical assistance, staff support, and funding to assist in
the implementation of the Lower Delaware River Management Plan.
(b) Land Management.--The Secretary of the Interior, acting through
the Director of the National Park Service, may provide planning,
financial, and technical assistance to municipalities through which
designated river segments flow to assist in their implementation of
actions to protect the natural, economic, and historic resources of the
Lower Delaware River corridor. After adoption of recommendations made
in section III of the management plan, the zoning ordinances of the
municipalities bordering the segments shall be considered to satisfy
the standards and requirements under section 6(c) prohibiting the
Secretary from acquiring lands through condemnation for the purposes of
including the lands in the designated segments of the river area where
such lands are located within any incorporated municipality which has
in force and applicable to such lands duly adopted, valid zoning
ordinances that conform with the purposes of the Wild and Scenic Rivers
Act (16 U.S.C. 1221 and following).
(c) Segment Additions.--The Secretary of the Interior, acting
through the Director of the National Park Service, is encouraged to
continue to work with the local municipalities to negotiate agreement
and support for designating those segments of the Delaware River and
its tributaries which were found eligible for designation pursuant to
Public Law 102-460 and were not designated pursuant to this Act. If
within 3 years of enactment of this Act, 1 or more of such additional
river segments are certified by the Secretary of the Interior as
suitable for designation into the National Wild and Scenic Rivers
System, the Secretary shall publish in the Federal Register a notice of
the designation of the segment, and upon such publication the segment
shall thereby be designated as a recreational river or scenic river, as
the case may be, under section 3(a) of the Wild and Scenic River Act
(16 U.S.C. 1274(a)).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Requires the Secretary of the Interior to carry out the Lower Delaware River management plan to bring such portions into compliance with such Act. Authorizes the Secretary to provide planning, financial, and technical assistance to municipalities through which such portions flow to protect the natural, economic, and historic resources of the Lower Delaware River corridor. Authorizes the Secretary to continue to work with appropriate municipalities in order to add to the System additional River segments not designated under this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Lower Delaware Wild and Scenic Rivers Act"} | 2,500 | 102 | 0.51505 | 1.410013 | 0.549771 | 4.164835 | 23.153846 | 0.89011 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Custody Protection Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports a minor across a State line, with
the intent that such minor obtain an abortion, and thereby in
fact abridges the right of a parent under a law requiring
parental involvement in a minor's abortion decision, in force
in the State where the minor resides, shall be fined under this
title or imprisoned not more than one year, or both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed on the minor, in a State other than the State where
the minor resides, without the parental consent or
notification, or the judicial authorization, that would have
been required by that law had the abortion been performed in
the State where the minor resides.
``(b) Exceptions.--
``(1) The prohibition of subsection (a) does not apply if
the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself.
``(2) A minor transported in violation of this section, and
any parent of that minor, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this
section, or an offense under section 2 or 3 based on a
violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant reasonably believed, based on
information the defendant obtained directly from a parent of the minor
or other compelling facts, that before the minor obtained the abortion,
the parental consent or notification, or judicial authorization took
place that would have been required by the law requiring parental
involvement in a minor's abortion decision, had the abortion been
performed in the State where the minor resides.
``(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action.
``(e) Definitions.--For the purposes of this section--
``(1) a `law requiring parental involvement in a minor's
abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(2) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides,
who is designated by the law requiring parental involvement in
the minor's abortion decision as a person to whom notification,
or from whom consent, is required;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion decision;
and
``(4) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 117 the following new item:
``117A. Transportation of minors in circumvention of 2431''.
certain laws relating to abortion. | Child Custody Protection Act - Amends the Federal criminal code to prohibit transporting a minor across a State line to obtain an abortion and thereby abridging the right of a parent under a law in force in the State where the minor resides requiring parental involvement in a minor's abortion decision. Makes an exception if the abortion was necessary to save the life of the minor.Specifies that neither the minor transported nor her parent may be prosecuted or sued for a violation of this Act.Makes it an affirmative defense to a prosecution for, or to a civil action based on, such a violation that the defendant reasonably believed that before the minor obtained the abortion, the parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the minor resides, took place.Authorizes any parent who suffers harm from a violation to obtain appropriate relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by such law as a person to whom notification, or from whom consent, is required. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions."} | 1,082 | 278 | 0.650609 | 1.869047 | 0.942269 | 5.23348 | 4.211454 | 0.9163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gift of Life Congressional Medal Act
of 1994''.
SEC. 2. CONGRESSIONAL MEDAL.
The Secretary of the Treasury shall design and strike a bronze
medal with suitable emblems, devices, and inscriptions, to be
determined by the Secretary of the Treasury, to commemorate organ and
tissue donors and their families.
SEC. 3. ELIGIBILITY REQUIREMENTS.
(a) In General.--Any organ donor, tissue donor, or the family of
any organ or tissue donor, shall be eligible for a medal described in
section 2.
(b) Documentation.--The Secretary of Health and Human Services
shall--
(1) establish an application procedure requiring an
individual, their family, or an organ or tissue procurement
agency acting on behalf of an individual or their family, to
submit to the Secretary documentation supporting the
eligibility of that individual or their family for receipt of a
medal described in section 2; and
(2) determine, through the documentation provided, and, if
necessary, independent investigation, whether the individual or
family is eligible to receive a medal described in section 2.
SEC. 4. PRESENTATION.
(a) Delivery to the Secretary of Health and Human Services.--The
Secretary of the Treasury shall deliver medals struck pursuant to this
Act to the Secretary of Health and Human Services.
(b) Delivery to Eligible Recipients.--The Secretary of Health and
Human Services shall arrange for the presentation, through a qualified
organ procurement organization, as described in section 371(b)(1) of
the Public Health Service Act (42 U.S.C. 273(b)(1)), of medals struck
pursuant to this Act to individuals or families that, in accordance
with section 3, the Secretary has determined are eligible to receive
medals under this Act.
(c) Limitation.--
(1) In general.--Except as provided in paragraph (2), only
1 medal may be presented to a family under subsection (b).
(2) Exception.--In the case of a family in which more than
1 member is an organ or tissue donor, the Secretary of Health
and Human Services may present 1 medal to each such organ or
tissue donor.
SEC. 5. DUPLICATE MEDALS.
(a) In General.--The Secretary of the Treasury may strike and sell
duplicates of the medal described in section 2 to any recipient of a
medal under section 4(b), under such regulations as the Secretary of
the Treasury may issue.
(b) Limitation.--The sale price of a duplicate medal shall be
sufficient to cover the cost of such duplicates.
SEC. 6. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of section 5111 of title 31, United States Code.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods or services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. SOLICITATION OF DONATIONS.
(a) In General.--The Secretary of the Treasury may enter into an
agreement with the Organ Procurement and Transplantation Network
established under section 372 of the Public Health Service Act (42
U.S.C. 274) to solicit donated funds to offset expenditures relating to
the issuance of medals authorized under this Act.
(b) Payment of Funds.--
(1) In general.--Except as provided in paragraph (2), all
funds received by the Organ Procurement and Transplantation
Network under subsection (a) shall be promptly paid by the
Organ Procurement and Transplantation Network to the Secretary
of the Treasury.
(2) Limitation.--Not more than 5 percent of any funds
received under subsection (a) shall be used to pay
administrative costs incurred by the Organ Procurement and
Transplantation Network as a result of an agreement established
under this section.
(c) Numismatic Public Enterprise Fund.--Notwithstanding any other
provision of law--
(1) all amounts received by the Secretary of the Treasury
under subsection (b)(1) shall be deposited in the Numismatic
Public Enterprise Fund, as described in section 5134 of title
31, United States Code; and
(2) the Secretary of the Treasury shall charge such fund
with all expenditures relating to the issuance of medals
authorized under this Act.
(d) No Net Cost to the Government.--The Secretary of the Treasury
shall take all actions necessary to ensure that the issuance of medals
authorized under section 2 results in no net cost to the Government.
SEC. 9. ORGAN AND TISSUE DEFINED.
For purposes of this Act--
(1) the term ``organ'' means the human kidney, liver,
heart, lung, pancreas, and any other human organ (other than
corneas and eyes) specified by regulation of the Secretary of
Health and Human Services; and
(2) the term ``tissue'' means human tissues, including
corneas, eyes, bone marrow, tendons, veins, skin, and heart-
valves. | Gift of Life Congressional Medal Act of 1994 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ and tissue donors and their families.
Makes eligible for the medal any organ or tissue donor or donor's family.
Requires the Secretary of Health and Human Services to arrange for medal presentation to eligible individuals.
Declares the medals to be national medals.
Authorizes the Secretary of the Treasury to enter into agreements with the Organ Procurement and Transplantation Network to solicit donations to offset expenditures relating to medal issuance.
Requires the Secretary of the Treasury to deposit all solicited donations into the Numismatic Public Enterprise Fund. | {"src": "billsum_train", "title": "Gift of Life Congressional Medal Act of 1994"} | 1,175 | 150 | 0.587098 | 1.538388 | 0.699248 | 3.382114 | 8.569106 | 0.910569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College Program
Reauthorization Act of 1998''.
SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment or repeal 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 National
Sea Grant College Program Act (33 U.S.C. 1121 et seq.).
SEC. 3. FINDINGS.
(a) Section 202(a)(1) (33 U.S.C. 1121(a)(1)) is amended--
(1) by redesignating subparagraphs (D) and (E) as subparagraphs
(E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following:
``(D) encourage the development of forecast and analysis
systems for coastal hazards;''.
(b) Section 202(a)(6) (33 U.S.C. 1121(a)(6)) is amended by striking
the second sentence and inserting the following: ``The most cost-
effective way to promote such activities is through continued and
increased Federal support of the establishment, development, and
operation of programs and projects by sea grant colleges, sea grant
institutes, and other institutions.''.
SEC. 4. DEFINITIONS.
(a) Section 203 (33 U.S.C. 1122) is amended--
(1) in paragraph (3)--
(A) by striking ``their university or'' and inserting ``his
or her''; and
(B) by striking ``college, programs, or regional
consortium'' and inserting ``college or sea grant institute'';
(2) by striking paragraph (4) and inserting the following:
``(4) The term `field related to ocean, coastal, and Great
Lakes resources' means any discipline or field, including marine
affairs, resource management, technology, education, or science,
which is concerned with or likely to improve the understanding,
assessment, development, utilization, or conservation of ocean,
coastal, or Great Lakes resources.'';
(3) by redesignating paragraphs (5) through (15) as paragraphs
(7) through (17), respectively, and inserting after paragraph (4)
the following:
``(5) The term `Great Lakes' includes Lake Champlain.
``(6) The term `institution' means any public or private
institution of higher education, institute, laboratory, or State or
local agency.'';
(4) by striking ``regional consortium, institution of higher
education, institute, or laboratory'' in paragraph (11) (as
redesignated) and inserting ``institute or other institution''; and
(5) by striking paragraphs (12) through (17) (as redesignated)
and inserting after paragraph (11) the following:
``(12) The term `project' means any individually described
activity in a field related to ocean, coastal, and Great Lakes
resources involving research, education, training, or advisory
services administered by a person with expertise in such a field.
``(13) The term `sea grant college' means any institution, or
any association or alliance of two or more such institutions,
designated as such by the Secretary under section 207 (33 U.S.C.
1126) of this Act.
``(14) The term `sea grant institute' means any institution, or
any association or alliance of two or more such institutions,
designated as such by the Secretary under section 207 (33 U.S.C.
1126) of this Act.
``(15) The term `sea grant program' means a program of research
and outreach which is administered by one or more sea grant
colleges or sea grant institutes.
``(16) The term `Secretary' means the Secretary of Commerce,
acting through the Under Secretary of Commerce for Oceans and
Atmosphere.
``(17) The term `State' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Mariana Islands, or any other territory or possession of the United
States.''.
(b) The Act is amended--
(1) in section 209(b) (33 U.S.C. 1128(b)), as amended by this
Act, by striking ``, the Under Secretary,''; and
(2) by striking ``Under Secretary'' every other place it
appears and inserting ``Secretary''.
SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.
Section 204 (33 U.S.C. 1123) is amended to read as follows:
``SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.
``(a) Program Maintenance.--The Secretary shall maintain within the
Administration a program to be known as the national sea grant college
program. The national sea grant college program shall be administered
by a national sea grant office within the Administration.
``(b) Program Elements.--The national sea grant college program
shall consist of the financial assistance and other activities
authorized in this title, and shall provide support for the following
elements--
``(1) sea grant programs which comprise a national sea grant
college program network, including international projects conducted
within such programs;
``(2) administration of the national sea grant college program
and this title by the national sea grant office, the
Administration, and the panel;
``(3) the fellowship program under section 208; and
``(4) any national strategic investments in fields relating to
ocean, coastal, and Great Lakes resources developed with the
approval of the panel, the sea grant colleges, and the sea grant
institutes.
``(c) Responsibilities of the Secretary.--
``(1) The Secretary, in consultation with the panel, sea grant
colleges, and sea grant institutes, shall develop a long-range
strategic plan which establishes priorities for the national sea
grant college program and which provides an appropriately balanced
response to local, regional, and national needs.
``(2) Within 6 months of the date of enactment of the National
Sea Grant College Program Reauthorization Act of 1998, the
Secretary, in consultation with the panel, sea grant colleges, and
sea grant institutes, shall establish guidelines related to the
activities and responsibilities of sea grant colleges and sea grant
institutes. Such guidelines shall include requirements for the
conduct of merit review by the sea grant colleges and sea grant
institutes of proposals for grants and contracts to be awarded
under section 205, providing, at a minimum, for standardized
documentation of such proposals and peer review of all research
projects.
``(3) The Secretary shall by regulation prescribe the
qualifications required for designation of sea grant colleges and
sea grant institutes under section 207.
``(4) To carry out the provisions of this title, the Secretary
may--
``(A) appoint, assign the duties, transfer, and fix the
compensation of such personnel as may be necessary, in
accordance with civil service laws;
``(B) make appointments with respect to temporary and
intermittent services to the extent authorized by section 3109
of title 5, United States Code;
``(C) publish or arrange for the publication of, and
otherwise disseminate, in cooperation with other offices and
programs in the Administration and without regard to section
501 of title 44, United States Code, any information of
research, educational, training or other value in fields
related to ocean, coastal, or Great Lakes resources;
``(D) enter into contracts, cooperative agreements, and
other transactions without regard to section 5 of title 41,
United States Code;
``(E) notwithstanding section 1342 of title 31, United
States Code, accept donations and voluntary and uncompensated
services;
``(F) accept funds from other Federal departments and
agencies, including agencies within the Administration, to pay
for and add to grants made and contracts entered into by the
Secretary; and
``(G) promulgate such rules and regulations as may be
necessary and appropriate.
``(d) Director of the National Sea Grant College Program.--
``(1) The Secretary shall appoint, as the Director of the
National Sea Grant College Program, a qualified individual who has
appropriate administrative experience and knowledge or expertise in
fields related to ocean, coastal, and Great Lakes resources. The
Director shall be appointed and compensated, without regard to the
provisions of title 5, United States Code, governing appointments
in the competitive service, at a rate payable under section 5376 of
title 5, United States Code.
``(2) Subject to the supervision of the Secretary, the Director
shall administer the national sea grant college program and oversee
the operation of the national sea grant office. In addition to any
other duty prescribed by law or assigned by the Secretary, the
Director shall--
``(A) facilitate and coordinate the development of a long-
range strategic plan under subsection (c)(1);
``(B) advise the Secretary with respect to the expertise
and capabilities which are available within or through the
national sea grant college program and encourage the use of
such expertise and capabilities, on a cooperative or other
basis, by other offices and activities within the
Administration, and other Federal departments and agencies;
``(C) advise the Secretary on the designation of sea grant
colleges and sea grant institutes, and, if appropriate, on the
termination or suspension of any such designation; and
``(D) encourage the establishment and growth of sea grant
programs, and cooperation and coordination with other Federal
activities in fields related to ocean, coastal, and Great Lakes
resources.
``(3) With respect to sea grant colleges and sea grant
institutes, the Director shall--
``(A) evaluate the programs of sea grant colleges and sea
grant institutes, using the priorities, guidelines, and
qualifications established by the Secretary;
``(B) subject to the availability of appropriations,
allocate funding among sea grant colleges and sea grant
institutes so as to--
``(i) promote healthy competition among sea grant
colleges and institutes;
``(ii) encourage successful implementation of sea grant
programs; and
``(iii) to the maximum extent consistent with other
provisions of this Act, provide a stable base of funding
for sea grant colleges and institutes; and
``(C) ensure compliance with the guidelines for merit
review under subsection (c)(2).''.
SEC. 6. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.
Section 3 of the Sea Grant Program Improvement Act of 1976 (33
U.S.C. 1124a) is repealed.
SEC. 7. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
Section 207 (33 U.S.C. 1126) is amended to read as follows:
``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
``(a) Designation.--
``(1) A sea grant college or sea grant institute shall meet the
following qualifications--
``(A) have an existing broad base of competence in fields
related to ocean, coastal, and Great Lakes resources;
``(B) make a long-term commitment to the objective in
section 202(b), as determined by the Secretary;
``(C) cooperate with other sea grant colleges and
institutes and other persons to solve problems or meet needs
relating to ocean, coastal, and Great Lakes resources;
``(D) have received financial assistance under section 205
of this title (33 U.S.C. 1124);
``(E) be recognized for excellence in fields related to
ocean, coastal, and Great Lakes resources (including marine
resources management and science), as determined by the
Secretary; and
``(F) meet such other qualifications as the Secretary, in
consultation with the panel, considers necessary or
appropriate.
``(2) The Secretary may designate an institution, or an
association or alliance of two or more such institutions, as a sea
grant college if the institution, association, or alliance--
``(A) meets the qualifications in paragraph (1); and
``(B) maintains a program of research, advisory services,
training, and education in fields related to ocean, coastal,
and Great Lakes resources.
``(3) The Secretary may designate an institution, or an
association or alliance of two or more such institutions, as a sea
grant institute if the institution, association, or alliance--
``(A) meets the qualifications in paragraph (1); and
``(B) maintains a program which includes, at a minimum,
research and advisory services.
``(b) Existing Designees.--Any institution, or association or
alliance of two or more such institutions, designated as a sea grant
college or awarded institutional program status by the Director prior
to the date of enactment of the National Sea Grant College Program
Reauthorization Act of 1998, shall not have to reapply for designation
as a sea grant college or sea grant institute, respectively, after the
date of enactment of the National Sea Grant College Program
Reauthorization Act of 1998, if the Director determines that the
institution, or association or alliance of institutions, meets the
qualifications in subsection (a).
``(c) Suspension or Termination of Designation.--The Secretary may,
for cause and after an opportunity for hearing, suspend or terminate
any designation under subsection (a).
``(d) Duties.--Subject to any regulations prescribed or guidelines
established by the Secretary, it shall be the responsibility of each
sea grant college and sea grant institute--
``(1) to develop and implement, in consultation with the
Secretary and the panel, a program that is consistent with the
guidelines and priorities established under section 204(c); and
``(2) to conduct a merit review of all proposals for grants and
contracts to be awarded under section 205.''.
SEC. 8. SEA GRANT REVIEW PANEL.
(a) Section 209(a) (33 U.S.C. 1128(a)) is amended by striking the
second sentence.
(b) Section 209(b) (33 U.S.C. 1128(b)) is amended--
(1) by striking ``The Panel'' and inserting ``(b) Duties.--The
panel'';
(2) by striking ``and section 3 of the Sea Grant College
Program Improvement Act of 1976'' in paragraph (1); and
(3) by striking ``regional consortia'' in paragraph (3) and
inserting ``institutes''.
(c) Section 209(c) (33 U.S.C. 1128(c)) is amended--
(1) in paragraph (1) by striking ``college, sea grant regional
consortium, or sea grant program'' and inserting ``college or sea
grant institute''; and
(2) by striking paragraph (5)(A) and inserting the following:
``(A) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable under
section 5376 of title 5, United States Code, when actually
engaged in the performance of duties for such panel; and''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants, Contracts, and Fellowships.--Section 212(a) (33 U.S.C.
1131(a)) is amended to read as follows:
``(a) Authorization.--
``(1) In general.--There is authorized to be appropriated to
carry out this Act--
``(A) $56,000,000 for fiscal year 1999;
``(B) $57,000,000 for fiscal year 2000;
``(C) $58,000,000 for fiscal year 2001;
``(D) $59,000,000 for fiscal year 2002; and
``(E) $60,000,000 for fiscal year 2003.
``(2) Zebra mussel and oyster research.--In addition to the
amount authorized for each fiscal year under paragraph (1)--
``(A) up to $2,800,000 may be made available as provided in
section 1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4741(b)(4)(A))
for competitive grants for university research on the zebra
mussel;
``(B) up to $3,000,000 may be made available for
competitive grants for university research on oyster diseases
and oyster-related human health risks; and
``(C) up to $3,000,000 may be made available for
competitive grants for university research on Pfiesteria
piscicida and other harmful algal blooms.''.
(b) Limitation on Certain Funding.--Section 212(b)(1) (33 U.S.C.
1131(b)(1)) is amended to read as follows:
``(b) Program Elements.--
``(1) Limitation.--No more than 5 percent of the lesser of--
``(A) the amount authorized to be appropriated; or
``(B) the amount appropriated,
for each fiscal year under subsection (a) may be used to fund the
program element contained in section 204(b)(2).''.
(c) Notice of Reprogramming.--If any funds authorized by this
section are subject to a reprogramming action that requires notice to
be provided to the Appropriations Committees of the House of
Representatives and the Senate, notice of such action shall
concurrently be provided to the Committees on Science and Resources of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(d) Notice of Reorganization.--The Secretary of Commerce shall
provide notice to the Committees on Science, Resources, and
Appropriations of the House of Representatives and the Committees on
Commerce, Science, and Transportation and Appropriations of the Senate,
not later than 45 days before any major reorganization of any program,
project, or activity of the National Sea Grant College Program.
SEC. 10. ADMINISTRATIVE LAW JUDGES.
Notwithstanding section 559 of title 5, United States Code, with
respect to any marine resource conservation law or regulation
administered by the Secretary of Commerce acting through the National
Oceanic and Atmospheric Administration, all adjudicatory functions
which are required by chapter 5 of title 5 of such Code to be performed
by an Administrative Law Judge may be performed by the United States
Coast Guard on a reimbursable basis. Should the United States Coast
Guard require the detail of an Administrative Law Judge to perform any
of these functions, it may request such temporary or occasional
assistance from the Office of Personnel Management pursuant to section
3344 of title 5, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Sea Grant College Program Reauthorization Act of 1998 - Amends the National Sea Grant College Program Act to add or modify various definitions.
(Sec. 5) Replaces provisions establishing and administering the National Sea Grant College Program with provisions maintaining such a program and setting forth its elements and the Program duties of the Secretary of Commerce.
(Sec. 6) Repeals provisions authorizing grants and contracts regarding specified international activities, including research, education, and technology transfer.
(Sec. 7) Replaces provisions providing for the designation of sea grant colleges and regional consortia with provisions setting forth the criteria for designation as a sea grant college or institute and designee duties.
(Sec. 8) Modifies requirements regarding the sea grant review panel.
(Sec. 9) Authorizes appropriations for carrying out the Act and for competitive grants for university research on: (1) the zebra mussel; (2) oyster diseases and oyster-related human health risks; and (3) Pfiesteria piscicida and other harmful algal blooms. Mandates notice to specified congressional committees before certain reprogramming of funds and major reorganizations.
(Sec. 10) Allows, with respect to any marine resource conservation law or regulation administered by the National Oceanic and Atmospheric Administration (NOAA), all adjudicatory functions that are required by Federal law relating to administrative procedures to be performed by an Administrative Law Judge to be performed by the Coast Guard on a reimbursable basis. Allows the Coast Guard, if it needs the detail of an Administrative Law Judge for such purposes, to request temporary or occasional assistance form the Office of Personnel Management. | {"src": "billsum_train", "title": "National Sea Grant College Program Reauthorization Act of 1998"} | 4,147 | 374 | 0.539526 | 1.850459 | 0.737593 | 3.12987 | 12.50974 | 0.876623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ESEA Fiscal Fairness Act''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To remedy the inequitable distribution of State and
local funds within the areas served by local educational
agencies.
(2) To reinforce the supplementary intent of funds made
available under title I of the Elementary and Secondary
Education Act of 1965, ensuring that these funds serve their
original purpose of subsidizing the increased costs associated
with educating students in concentrated poverty.
(3) To address the statutory, regulatory, and enforcement
weaknesses that have undermined the role of the comparability
requirement in ensuring comparability within school districts.
(4) To require the inclusion of real teacher salaries in
calculations of per-pupil expenditures.
(5) To provide sufficient transparency, accountability, and
disclosure to allow parents, communities, educators, and local
agency officials to ensure students have access to the
resources they need to achieve at high levels.
SEC. 3. COMPARABILITY OF EXPENDITURES.
Section 1120A(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6321(c)) is amended to read as follows:
``(c) Comparability of Expenditures.--
``(1) In general.--
``(A) Comparable funding in general.--Except as
provided in paragraphs (4) and (5), a local educational
agency may receive funds under this part only if the
average expenditure per pupil of State and local funds
in each school served under this part is at least 97
percent of the average expenditure per pupil of State
and local funds across all schools that are not
receiving funds under this part.
``(B) Comparable funding among schools.--If the
local educational agency is serving all of such
agency's schools under this part, such agency may
receive funds under this part only if the average
expenditure per pupil of State and local funds in each
higher poverty school is at least 97 percent of the
average expenditure per pupil of State and local funds
across all lower poverty schools.
``(2) Equivalence.--A local educational agency shall be
considered to have met the requirements of paragraph (1), and
to be eligible to receive funds under this part, if--
``(A) such agency has filed with the State
educational agency an up-to-date school-by-school
listing of per-pupil expenditures of State and local
funds for each school served by the agency; and
``(B) the listing identified in clause (i)
demonstrates comparability across schools as required
by subparagraph (A) or (B) of paragraph (1).
``(3) Basis.--A local educational agency may meet the
requirements of subparagraphs (A) and (B) of paragraph (1)
across all schools or among schools serving a particular grade
span, if the local educational agency compares schools within
no more than three grade spans.
``(4) Monitoring.--
``(A) Regulations by secretary.--Not later than 4
months after the date of the enactment of the ESEA
Fiscal Fairness Act, the Secretary shall issue
regulations concerning State educational agencies' and
local educational agencies' responsibilities for
meeting the requirements of this subsection.
``(B) Regulations by states.--Not later than 6
months after the date on which the regulations required
by subparagraph (A) are issued, each State educational
agency shall create and distribute to local educational
agencies, and make available to the public, regulations
on the responsibilities of local educational agencies
for meeting the requirements of this subsection.
``(C) Plan by local educational agencies.--Not
later than 14 months after the date on which
regulations required by subparagraph (B) are
distributed, each local educational agency shall
develop and submit to the State educational agency a
plan, including a time line and annual benchmarks, that
will ensure comparability as described in subparagraphs
(A) and (B) of paragraph (1) not later than 3 years
after the date on which the regulations required by
subparagraph (B) are distributed. The plan shall be
made available to the public.
``(D) Audit.--In each of the fourth and fifth years
after the date of the enactment of this Act, the
Inspector General of the Department shall audit 5
States and 10 local educational agencies to determine
progress in meeting the requirements of this section.
``(5) Inapplicability.--This subsection shall not apply to
a local educational agency that does not have more than one
building for each grade span.
``(6) Compliance.--For the purpose of determining
compliance with paragraph (1), a local educational agency --
``(A) shall exclude State and local funds expended
for the excess costs of providing English language
instruction for Limited English Proficient students as
determined by the local educational agency;
``(B) shall exclude State and local funds expended
for the excess costs of providing services to children
with disabilities as determined by the local
educational agency; and
``(C) may exclude supplemental State or local funds
in any school attendance area or school for programs
that meet the intent and purpose of this part.
``(7) Forced transfers.--Nothing in this subsection shall
be construed to require the forced or involuntary transfer of
any school personnel to comply with subparagraph (A) of
paragraph (1).
``(8) Comparability as minimum standard.--
``(A) In general.--Nothing in this subsection shall
be construed to limit or discourage the allocation of
State or local funds to schools served under this part
in excess of 100 percent of the average per-pupil
expenditure for schools not served under this part.
``(B) Exception.--If the local educational agency
is serving all schools under this part, nothing shall
be construed to discourage the allocation of State and
local funds to any higher poverty schools in excess of
100 percent of the average per-pupil expenditure in
lower poverty schools.
``(9) Public reporting.--
``(A) School report cards.--Beginning with the
first academic year that begins after the date of the
enactment of the ESEA Fiscal Fairness Act, and for each
academic year thereafter, each local educational agency
shall include on the school report cards required under
section 1111(h)(2) the following:
``(i) The average per-pupil expenditures of
State and local funds for the school.
``(ii) The average per-pupil expenditures
of State and local funds for schools in the
local educational agency not served under this
part or for lower poverty schools when all
schools in the local educational agency are
served under this part.
``(iii) The mean of average per-pupil
expenditures of State and local funds for all
schools in the State.
``(B) Up-to-date school-by-school listing.--
Beginning with the first academic year that begins
after the date of the enactment of the ESEA Fiscal
Fairness Act and for each academic year thereafter, the
State educational agency shall make publicly available
the up-to-date school-by-school listings of per-pupil
expenditures of State and local funds submitted by each
local educational agency, as required by paragraph
(2)(A)(i).
``(10) Definitions.--For purposes of this subsection:
``(A) Expenditures.--
``(i) In general.--The term `expenditures'
means--
``(I) salary expenditures for
classroom teachers, including not only
base salaries but also incentive pay,
bonuses, and supplemental stipends for
mentoring or other additional roles;
``(II) salary expenditures for
instructional and instructional support
staff who are not classroom teachers
(such as principals, librarians,
paraprofessionals, academic coaches,
and curriculum specialists), including
not only base salaries but also
incentive pay, bonuses, and
supplemental stipends for mentoring or
other additional roles;
``(III) salary expenditures for
noninstructional staff, including
student support staff; and
``(IV) nonpersonnel expenditures
such as--
``(aa) professional
development for teachers and
other staff;
``(bb) instructional
materials and supplies;
``(cc) computers, software,
and other technology;
``(dd) contracted services
such as distance learning, art,
athletics, and technology
services;
``(ee) library books and
media center materials; and
``(ff) such other
expenditures as the Secretary
of Education may require.
``(ii) Determinations.--For purposes of
subclauses (I) and (II) of clause (i), in the
determination of salary expenditures, salary
differentials for years of employment shall be
included.
``(B) Higher poverty school.--The term `higher
poverty school' means a school that is in the highest
four quartiles of the percentage of pupils from low-
income families in a local educational agency.
``(C) Lower poverty school.--The term `lower
poverty school' means a school that is in the lowest
quartile of the percentage of pupils from low-income
families in a local educational agency.''. | ESEA Fiscal Fairness Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 to condition local educational agency (LEA) receipt of school improvement funds on: (1) an average state and local spending per pupil in each school receiving school improvement funds of at least 97% of such spending per pupil across all schools that are not receiving such funds; and (2) an average state and local spending per pupil in each higher poverty school of at least 97% of such spending per pupil across all lower poverty schools, if the LEA is serving all of its schools under part A.
Allows LEAs to meet such requirement across all schools or among schools serving a particular grade span if they compare schools within no more than three grade spans.
Directs the Inspector General of the Department of Education, in the fourth and fifth years after this Act's enactment, to audit 5 states and 10 LEAs to determine their progress in meeting these requirements.
Requires annual LEA report cards to include certain information on state and local spending per pupil in schools.
Requires states to provide the public with annual up-to-date school-by-school listings of per-pupil state and local spending. | {"src": "billsum_train", "title": "To amend section 1120A(c) of the Elementary and Secondary Education Act of 1965 to assure comparability of opportunity for educationally disadvantaged students."} | 2,017 | 260 | 0.600855 | 1.673349 | 0.790206 | 3.563559 | 8.105932 | 0.885593 |
S ON THE BUDGET.
Section 301 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
``(j) Means-Tested Welfare Spending.--
``(1) In general.--The concurrent resolution on the budget
for the applicable fiscal year shall set forth the appropriate
level for aggregate means-tested welfare spending for the first
fiscal year of that concurrent resolution and for at least each
of the 4 ensuing fiscal years beginning on the earlier of--
``(A) the first fiscal year that begins after the
date of enactment of this subsection and after any
monthly rate of unemployment during the immediately
preceding fiscal year is below 7.5 percent; or
``(B) fiscal year 2015.
``(2) Setting level.--The level described in paragraph (2)
shall not exceed the aggregate level of Federal means-tested
welfare spending for fiscal year 2007, adjusted for inflation
as follows:
``(A) Spending on means-tested medical assistance
programs shall be adjusted for inflation according to
the price index for personal consumption expenditures
for health products and services as calculated by the
Bureau of Economic Analysis.
``(B) Spending for all other means-tested programs
shall be adjusted for inflation according to the
weighted price index for personal consumption
expenditures excluding health products and services as
calculated by the Bureau of Economic Analysis.''.
SEC. 404. ALLOCATIONS OF MEANS-TESTED WELFARE SPENDING.
(a) In General.--Section 302 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(h) Means-Tested Welfare Spending Limit.--
``(1) Further division of amounts.--For any concurrent
resolution on the budget for which levels for aggregate means-
tested welfare spending are set forth under section 301(j), in
the House of Representatives and the Senate, the amounts
allocated under subsection (a) shall be further divided to
establish an allocation of--
``(A) total new budget authority and total outlays
for discretionary means-tested welfare spending in
appropriation measures for the first fiscal year of the
resolution on the budget; and
``(B) total new budget authority and total outlays
for mandatory means-tested welfare spending for the
first fiscal year of the resolution on the budget and
at least each of the ensuing 4 fiscal years to all
other committees of the House of Representatives and
the Senate that have jurisdiction over legislation
providing mandatory means-tested welfare spending.
``(2) Point of order.--It shall not be in order in the
House of Representatives or the Senate to consider any bill,
joint resolution, or amendment if--
``(A) the enactment of such bill or resolution as
reported;
``(B) the adoption and enactment of such amendment;
or
``(C) the enactment of such bill or resolution in
the form recommended in such conference report,
would cause the applicable allocation of new budget authority
or outlays made under subparagraph (A) or (B) of paragraph (1)
for a fiscal year to be exceeded.''.
(b) Conforming Amendment.--Section 302(b) of the Congressional
Budget Act of 1974 is amended by striking ``under subsection (a)'' and
inserting ``under subsections (a) and (h)''.
SEC. 405. RECONCILIATION.
Section 310(a) of the Congressional Budget Act of 1974 is amended
as follows:
(1) Strike ``or'' at the end of paragraph (3) and strike
the period at the end of paragraph (4) and insert ``; and''.
(2) Redesignate paragraph (4) as paragraph (5), and in
paragraph (5) as redesignated, strike ``and (3)'' and insert
``(3), and (4)''.
(3) After paragraph (3), insert the following new
paragraph:
``(4) specify the total amount by which new budget
authority for such fiscal year for mandatory means-tested
welfare spending contained in laws, bills, and resolutions
within the jurisdiction of a committee is to be changed and
direct that committee to determine and recommend changes to
accomplish a change of such total amount, which amount shall be
the amount by which the Congressional Budget Office baseline
level of spending for aggregate mandatory means-tested welfare
programs exceeds the allocation made pursuant to section
302(h)(1)(B) for such fiscal year.''.
TITLE V--GRANTS TO PROMOTE SELF-SUFFICIENCY
SEC. 501. GRANTS TO STATES.
(a) Purpose.--The purpose of this title is to encourage States to
develop policies to promote self-sufficiency and prosperity and to
reduce poverty and Government dependence.
(b) Grants.--The Social Security Act is amended by adding at the
end the following:
``TITLE XXII--GRANTS TO STATES TO PROMOTE SELF-SUFFICIENCY AND
PROSPERITY AND TO REDUCE DEPENDENCE
``SEC. 2201. GRANTS TO STATES.
``(a) In General.--The Secretary may provide grants to States to
reward reductions in poverty and Government dependence and increases in
self-sufficiency.
``(b) Allocation of Grants to States.--For each fiscal year for
which funds are made available under subsection (e), the Secretary
shall make a grant in an amount equal to $100,000,000 to each of the 3
States with the greatest percentage increases in the self-sufficiency
ratio of the State for the preceding fiscal year over the self-
sufficiency ratio of the State for fiscal year 2007, as compared with
the changes in that ratio for each other State, subject to subsection
(c).
``(c) Limitation on Eligibility for Grants.--A State shall not be
eligible for a grant under this title for a fiscal year unless the
self-sufficiency ratio of the State for the fiscal year is greater than
the self-sufficiency ratio of the State for fiscal year 2007.
``(d) Definitions.--In this title:
``(1) The term `self-sufficient family' means a family
(including a 1-person family) whose combined income, excluding
receipt of means-tested welfare spending (as defined in section
3(11)(A) of the Congressional Budget and Impoundment Control
Act of 1974), exceeds the poverty line (within the meaning of
section 673(2) of the Omnibus Budget Reconciliation Act of
1981, including any revision required by such section
applicable to a family of the size involved).
``(2) The term `self-sufficiency ratio' means, with respect
to a State and a fiscal year--
``(A) the number of self-sufficient families
residing in the State during the fiscal year that are
headed by able-bodied individuals who have not attained
63 years of age; divided by
``(B) the total number of families residing in the
State during the fiscal year that are headed by able-
bodied individuals who have not attained 63 years of
age.
``(3) The term `State' means the 50 States and the District
of Columbia.
``(e) Limitations on Authorization of Appropriations.--For grants
under this title, there are authorized to be appropriated to the
Secretary $300,000,000 for fiscal year 2012 and each succeeding fiscal
year.''.
TITLE VI--PROHIBITION ON FUNDING OF ABORTION
SEC. 601. PROHIBITION ON FUNDING FOR ABORTIONS.
No funds authorized or appropriated by Federal law, and none of the
funds in any trust fund to which funds are authorized or appropriated
by Federal law, shall be expended for any abortion.
SEC. 602. PROHIBITION ON FUNDING FOR HEALTH BENEFITS PLANS THAT COVER
ABORTION.
None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
SEC. 603. PROHIBITION ON TAX BENEFITS RELATING TO ABORTION.
For taxable years beginning after the date of the enactment of this
section, no credit shall be allowed under the internal revenue laws
with respect to amounts paid or incurred for an abortion or with
respect to amounts paid or incurred for a health benefits plan
(including premium assistance) that includes coverage of abortion.
SEC. 604. CONSTRUCTION RELATING TO SEPARATE COVERAGE.
Nothing in this title shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
SEC. 605. CONSTRUCTION RELATING TO THE USE OF NON-FEDERAL FUNDS FOR
HEALTH COVERAGE.
Nothing in this title shall be construed as restricting the ability
of any non-Federal health benefits coverage provider from offering
abortion coverage, or the ability of a State or locality to contract
separately with such a provider for such coverage, so long as only
funds not authorized or appropriated by Federal law are used and such
coverage shall not be purchased using matching funds required for a
federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
SEC. 606. TREATMENT OF ABORTIONS RELATED TO RAPE, INCEST, OR PRESERVING
THE LIFE OF THE MOTHER.
The limitations established in this title shall not apply to an
abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering
physical condition caused by or arising from the pregnancy
itself. | Welfare Reform Act of 2011 - Welfare Reform Restoration Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to revise the TANF program by: (1) eliminating the temporary modification of the caseload reduction credit, and (2) reducing funding of state family assistance grants.
Restores the former name of the Food Stamp Act of 1977, and restores its text as if the Food, Conservation, and Energy Act of 2008 had not been enacted; and (2) renames the supplemental nutrition assistance program benefits as the food stamp program.
Amends the Food Stamp Act of 1977 to revise work requirements for the food stamp program and require able-bodied work eligible adult members of a family unit to participate in a work activation program during a full month of participation in the food stamp program, fulfilling specified levels of work activity during that month. (Work activation means, not employment, but supervised job search, community service activities, education and job training, workfare, or drug and alcohol treatment.)
Specifies a financial reward for any state that reduces its food stamp caseload below calendar 2006 levels.
Declares that a food, food product, meal, or other specified item shall be considered a food under the Food Stamp Act of 1977 only if it is a bare essential.
Requires the President to include means-tested welfare spending in every budget submission.
Amends the Congressional Budget and Impoundment Control Act of 1974 and the Congressional Budget Act of 1974 to define and establish an aggregate cap for means-tested welfare spending.
Directs the Secretary of Health and Human Services (HHS) to provide grants to states to reward reductions in poverty and government dependence and increases in self-sufficiency.
Prohibits the expenditure for abortions, with certain exceptions, of any funds authorized or appropriated by federal law, and funds in any trust fund to which funds are authorized or appropriated by federal law.
Prohibits funding for health benefits plans that cover abortion.
Prohibits the allowance of any tax credit with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion. | {"src": "billsum_train", "title": "A bill to provide information on total spending on means-tested welfare programs, to provide additional work requirements, and to provide an overall spending limit on means-tested welfare programs."} | 2,277 | 495 | 0.483619 | 1.42586 | 0.613044 | 2.930233 | 4.746512 | 0.711628 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Insurance Capital
Standards Accountability Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``appropriate committees of Congress'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(B) the Committee on Financial Services of the
House of Representatives;
(2) the term ``Board of Governors'' means the Board of
Governors of the Federal Reserve System;
(3) the term ``Committee'' means the Insurance Policy
Advisory Committee on International Capital Standards and Other
Insurance Issues established under section 4(a); and
(4) the term ``Secretary'' means the Secretary of the
Treasury.
SEC. 3. FINDINGS.
Congress finds that the Secretary and the Board of Governors
should--
(1) support increasing transparency at any global insurance
or international standard-setting regulatory or supervisory
forum in which the Secretary and the Board of Governors
participate, including supporting and advocating for greater
public observer access to working groups and committee meetings
of the International Association of Insurance Supervisors; and
(2) achieve consensus positions with State insurance
regulators, through the National Association of Insurance
Commissioners--
(A) if the Secretary and the Board of Governors
take a position, or reasonably intend to take a
position, with respect to an insurance proposal by a
global insurance regulatory or supervisory forum; and
(B) when the Secretary, the Board of Governors, and
the National Association of Insurance Commissioners
represent the United States in negotiations with
respect to insurance issues before the International
Association of Insurance Supervisors, the Financial
Stability Board, or any other international forum of
financial regulators or supervisors that considers
insurance issues.
SEC. 4. INSURANCE POLICY ADVISORY COMMITTEE.
(a) Establishment.--The Board of Governors shall establish the
Insurance Policy Advisory Committee on International Capital Standards
and Other Insurance Issues.
(b) Membership.--The Committee shall be composed of not more than
11 members, all of whom shall represent a diverse set of expert
perspectives from the various sectors of the insurance industry of the
United States, including individuals--
(1) from the fields of--
(A) life insurance;
(B) property and casualty insurance; and
(C) reinsurance; and
(2) with experience serving as--
(A) agents and brokers;
(B) academics;
(C) consumer advocates; or
(D) experts on issues facing underserved insurance
communities and consumers.
(c) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Committee or the activities of
the Committee.
SEC. 5. REQUIREMENTS FOR CONSENT TO ADOPT INTERNATIONAL CAPITAL
INSURANCE STANDARDS.
The Secretary and the Board of Governors may not agree to, accept,
establish, enter into, or consent to the adoption of a final
international capital insurance standard with an international
standard-setting organization or a foreign government, authority, or
regulatory entity unless--
(1) the Secretary and the Chair of the Board of Governors
have, with respect to the text of the proposed final
international capital insurance standard--
(A) published the text in the Federal Register;
(B) made the text available for public comment for
a period of not less than 30 days; and
(C) submitted a copy of the text to the appropriate
committees of Congress on a date on which both Houses
of Congress are in session;
(2) the international capital insurance standard is not
inconsistent with capital requirements set forth in the State-
based system of insurance regulation; and
(3) if the international capital insurance standard will
apply to a company supervised by the Board of Governors, the
international capital insurance standard is not inconsistent
with the capital requirements of the Board of Governors for
that company.
SEC. 6. REPORTS.
(a) Reports and Testimony by Secretary of the Treasury and Chair of
the Board of Governors of the Federal Reserve System.--
(1) In general.--The Secretary and the Chair of the Board
of Governors, or their designees, shall submit to the
appropriate committees of Congress an annual report, and
provide annual testimony to those committees, relating to the
efforts of the Secretary and the Chair, along with the National
Association of Insurance Commissioners, with respect to global
insurance regulatory or supervisory forums, including a
description of--
(A) the insurance regulatory or supervisory
standard-setting issues under discussion at
international standard-setting bodies, including the
Financial Stability Board and the International
Association of Insurance Supervisors;
(B) the effects that proposals discussed at
international insurance regulatory or supervisory
forums of insurance could have on consumer and
insurance markets in the United States;
(C) any position taken by the Secretary and the
Board of Governors during international insurance
discussions; and
(D) the efforts by the Secretary and the Board of
Governors to increase transparency at--
(i) the Financial Stability Board with
respect to insurance proposals; and
(ii) the International Association of
Insurance Supervisors, including efforts to
provide additional public access to working
groups and committees of the International
Association of Insurance Supervisors.
(2) Termination.--This paragraph shall terminate on
December 31, 2020.
(b) Reports and Testimony by National Association of Insurance
Commissioners.--The National Association of Insurance Commissioners may
provide testimony to Congress on the issues described in subsection
(a)(1).
(c) Joint Report by the Chair of the Board of Governors of the
Federal Reserve System and the Secretary of the Treasury.--
(1) In general.--Before supporting or consenting to the
adoption of any final international insurance capital standard,
the Secretary and the Chair of the Board of Governors shall, in
consultation with the National Association of Insurance
Commissioners, complete a study, and submit to Congress a
report on the results of the study, with respect to the impact
that the capital standard would have on consumers and markets
in the United States.
(2) Notice and comment.--
(A) Notice.--With respect to a report described in
paragraph (1), the Secretary and the Chair of the Board
of Governors shall, on the date on which the Secretary
and the Chair begin drafting the report, provide notice
to the appropriate committees of Congress that the
Secretary and the Chair have begun drafting the report.
(B) Opportunity for comment.--During the period
beginning on the date on which a report is submitted to
Congress under paragraph (1) and ending on the date
that is 60 days after the date on which the report is
submitted, the Secretary and the Chair of the Board of
Governors shall provide an opportunity for public
comment with respect to the report.
(3) Review by comptroller general.--On the date on which
the Secretary and the Chair of the Board of Governors submit to
Congress a report under paragraph (1), the Secretary and the
Chair shall submit to the Comptroller General of the United
States a copy of the report for review by the Comptroller
General.
(d) Report on Reduction in Transparency.--Not later than 180 days
after the date of enactment of this Act, the Chair of the Board of
Governors and the Secretary, or their designees, shall submit to
Congress a report, and provide testimony to Congress, with respect to
the efforts of the Chair and the Secretary to increase transparency at
meetings of the International Association of Insurance Supervisors. | International Insurance Capital Standards Accountability Act of 2017 This bill directs the Federal Reserve Board (FRB) to establish the Insurance Policy Advisory Committee on International Capital Standards and Other Insurance Issues. The bill prohibits the Department of the Treasury and the FRB from agreeing to an international capital insurance standard unless: (1) it meets specified notice and comment requirements, (2) it is consistent with current state-based capital requirements, and (3) it is consistent with any FRB capital requirements for an FRB-supervised company. Treasury and the FRB must: report annually on their efforts with the National Association of Insurance Commissioners regarding global insurance regulatory or supervisory forums, study an international insurance capital standard's impact on U.S. markets and consumers before agreeing to its adoption, and report on their efforts to increase transparency at meetings of the International Association of Insurance Supervisors. | {"src": "billsum_train", "title": "International Insurance Capital Standards Accountability Act of 2017"} | 1,617 | 177 | 0.608234 | 1.769321 | 0.640517 | 2.63253 | 9.277108 | 0.801205 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop AIDS in Prison Act of 2006''.
SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.
(a) In General.--The Bureau of Prisons (hereinafter in this section
referred to as the ``Bureau'') shall develop a comprehensive policy to
coordinate HIV/AIDS testing, treatment, and prevention for inmates
within the correctional setting and upon reentry.
(b) Purpose.--The purposes of this policy shall be as follows:
(1) To stop the spread of HIV/AIDS among inmates.
(2) To protect prison guards and other personnel from HIV/
AIDS infection.
(3) To provide comprehensive, timely, and compassionate
medical treatment to inmates who are living with HIV/AIDS.
(4) To promote HIV/AIDS awareness and prevention among
inmates.
(5) To encourage inmates to take personal responsibility
for their health, find out if they have been infected with HIV/
AIDS, and reward behavior that reduces the risks of HIV/AIDS
transmission.
(6) To reduce the risk that inmates will transmit HIV/AIDS
to their spouses or other persons in the community following
their release from prison.
(c) Consultation.--The Bureau shall consult with appropriate
officials of the Department of Health and Human Services, the Office of
National Drug Control Policy, and the Centers for Disease Control
regarding the development of this policy.
(d) Time Limit.--The Bureau shall draft appropriate regulations to
implement this policy within not more than 1 year from the enactment of
this Act.
SEC. 3. REQUIREMENTS FOR POLICY.
The policy created under section 2 shall do the following:
(1) Testing and counseling upon intake.--
(A) Medical personnel shall provide routine HIV/
AIDS testing to all inmates as a part of a
comprehensive medical examination immediately following
admission to a facility.
(B) Medical personnel shall provide immediate
confidential, post-test counseling to all inmates who
test positive for HIV/AIDS.
(2) HIV/AIDS prevention education.--Medical personnel shall
educate all inmates on the risk of HIV/AIDS transmission;
promote HIV/AIDS awareness; and encourage behavior that reduces
the risk of HIV/AIDS transmission through frequent and
appropriate educational programs. This education shall include
the risks of HIV/AIDS transmission through tattooing, sexual
contact, and intravenous drug use.
(3) Voluntary hiv/aids testing.--
(A) Medical personnel shall allow inmates to obtain
HIV/AIDS tests upon request once per year or whenever
an inmate has a reason to believe the inmate may have
been exposed to HIV/AIDS. Inmates shall be informed of
their right to obtain these tests.
(B) Medical personnel shall encourage inmates to
request HIV/AIDS tests if the inmate is sexually
active, uses intravenous drugs, or if the inmate is
concerned that the inmate may have been exposed to HIV/
AIDS.
(4) Protection of confidentiality.--In order to ensure
inmate confidentiality and encourage inmates to seek HIV/AIDS
tests without the knowledge or suspicion of other inmates, the
Bureau of Prisons shall develop procedures for inmates
confidentially to request HIV/AIDS counseling and tests. HIV/
AIDS counseling and tests shall be provided in a setting where
other routine health services are provided and in a manner that
allows the inmate to request and obtain these services as
routine medical services.
(5) Comprehensive treatment.--Medical personnel shall
provide all inmates who test positive for HIV/AIDS--
(A) comprehensive medical treatment; and
(B) confidential counseling on managing their
medical condition and preventing its transmission to
other persons.
(6) Testing, counseling, and referral prior to reentry.--
(A) Medical personnel shall provide routine HIV/
AIDS testing to all inmates prior to their release and
reentry into the community. (Inmates who are already
known to be infected need not be tested again.)
(B) To all inmates who test positive for HIV/AIDS
and all inmates who already are known to have HIV/AIDS,
BOP medical personnel shall provide--
(i) confidential prerelease counseling on
managing their medical condition in the
community, accessing appropriate treatment and
services in the community, and preventing the
transmission of their condition to family
members and other persons in the community; and
(ii) referrals to appropriate health care
providers and social service agencies in the
community that meet the inmate's individual
needs.
(7) Opt-out provision.--If an inmate refuses a routine test
for HIV/AIDS, medical personnel shall make a note of the
inmate's refusal in the inmate's confidential medical records.
However, the inmate's refusal shall not be considered a
violation of prison rules or result in disciplinary action.
SEC. 4. CHANGES IN EXISTING LAW.
(a) Screening in General.--Section 4014(a) of title 18, United
States Code, is amended--
(1) by striking ``for a period of 6 months or more'';
(2) by striking ``, as appropriate,''; and
(3) by striking ``if such individual is determined to be at
risk for infection with such virus in accordance with the
guidelines issued by the Bureau of Prisons relating to
infectious disease management'' and inserting ``unless the
individual declines. The Attorney General shall also cause such
individual to be so tested before release unless the individual
declines.''.
(b) Screening as Part of Routine Screening.--Section 4014(e) of
title 18, United States Code, is amended by adding at the end the
following: ``Such rules shall also provide that the initial test under
this section be performed as part of the routine health screening
conducted at intake.''. | Stop AIDS in Prison Act of 2006 - Requires the Bureau of Prisons to develop a comprehensive policy to coordinate HIV/AIDS testing, treatment, and prevention for federal prison inmates. Requires such policy to include provisions for: (1) testing and counseling of inmates immediately following admission to a prison facility; (2) education regarding HIV/AIDS transmission and encouragement of behavior to reduce the risk; (3) HIV/AIDS testing annually or after exposure to HIV; (4) procedures for inmates to request HIV/AIDS counseling and tests confidentially; (5) comprehensive medical treatment of inmates who test positive and confidential counseling on managing their medical condition and preventing transmission to others; (6) testing, counseling, and referral prior to reentry into the community; and (7) noting but not penalizing an inmate's refusal of HIV/AIDS testing.
Amends federal criminal code provisions relating to HIV/AIDS testing to: (1) make such testing available to all federal prison inmates upon intake and upon release regardless of length of sentence or risk factors; (2) allow inmates to decline such testing. | {"src": "billsum_train", "title": "To provide for an effective HIV/AIDS program in Federal prisons."} | 1,266 | 230 | 0.692623 | 1.907744 | 1.115336 | 3.627907 | 5.469767 | 0.893023 |
SECTION 1. TRANSFER TO A PRIVATE CORPORATION.
(a) In General.--In accordance with the plan prescribed under
section 3, all right, title, and interest of the United States in and
to all property of the Postal Service shall be transferred to a
corporation if, within 1 year after the date of the enactment of this
Act, such corporation satisfies the requirements set forth in section
2.
(b) Specific Requirement.--The plan prescribed under section 3
shall include such provisions as may be necessary to ensure that no
payment shall be required in consideration for any rights or assets of
the Postal Service which are transferred pursuant to this Act.
SEC. 2. REQUIREMENTS FOR THE CORPORATION.
(a) In General.--A corporation shall be considered to satisfy the
requirements of this section if such corporation--
(1) is incorporated under the laws of a State;
(2) is not a department, agency, or establishment of the
United States;
(3) is incorporated by not more than 9 individuals who are
especially qualified to establish and operate an effective mail
system by virtue of their education, training, or experience,
and who are chosen by the employees of the Postal Service in an
election which shall be held at such time and in such manner as
the President shall by regulation prescribe;
(4) includes among its purposes the delivery of postal
services in a manner consistent with section 101(b) of title
39, United States Code, at rates established in a manner
consistent with section 101(d) of such title;
(5) issues securities in a manner consistent with
subsection (b); and
(6) satisfies such other requirements as the President may
by regulation prescribe in order to carry out the purposes of
this Act.
(b) Securities.--Any securities issued by the corporation--
(1) shall, during the 1-year period beginning on the date
of the enactment of this Act, be issued--
(A) only to employees of the Postal Service; and
(B) in a manner to be determined by the Postal
Privatization Commission.
(c) Retirement Benefits.--Retirement benefits provided to
individuals who become employees of the corporation by transfer from
the Postal Service must be comparable to those which would have been
afforded to those individuals as employees of the Postal Service had
this Act not been enacted.
SEC. 3. TRANSFER PLAN; PRESIDENTIAL DETERMINATION; RATE-SETTING
AUTHORITY.
(a) Transfer Plan.--Not later than the sixtieth day after the date
on which a corporation first satisfies the requirements of section 2,
as determined under subsection (b), the President shall, in conformance
with the requirements of section 1, and after consultation with the
Postal Privatization Commission, transmit to Congress--
(1) a comprehensive plan providing for the orderly transfer
of all property subject to this Act, including a timetable
under which such transfer is completed not later than 180 days
after the date on which such corporation first satisfies such
requirements; and
(2) such recommendations for legislation as the President
considers necessary in order to carry out the plan described in
paragraph (1), including recommendations--
(A) for the abolishment of the Postal Service;
(B) for the continuation of the private express
statutes with respect to the corporation during the
first 5 years of its existence; and
(C) for the repeal or modification of appropriate
Federal statutes.
(b) Presidential Determination.--The President shall, for purposes
of this section, determine the date on which a corporation first
satisfies the requirements of section 2.
(c) Rate-Setting Authority.--After consulting with the Postal Rate
Commission, the President shall develop and include as part of the
recommendations submitted under subsection (a) proposals relating to
the means by which rates of postage would be established during the 5-
year period referred to in subsection (a)(2)(B). Such recommendations
may include continuing any operations of the Postal Rate Commission
(whether on a modified basis or otherwise) which may be appropriate.
SEC. 4. POSTAL PRIVATIZATION COMMISSION.
(a) Establishment.--In order to carry out the functions set forth
in sections 2(b)(1)(B) and 3(a), there is established a commission to
be known as the ``Postal Privatization Commission''.
(b) Membership.--The Commission shall consist of 9 members, to be
selected by the President. Of those members--
(1) 3 shall be selected from among individuals recommended
jointly by the Speaker of the House of Representatives and the
President pro tempore of the Senate;
(2) 2 shall be selected to represent the interests of
employees of the Postal Service;
(3) 2 shall be selected to represent the interests of
postal management; and
(4) 2 shall be selected from such other postal experts as
the President considers appropriate.
(c) Compensation.--
(1) In general.--Except as provided in paragraph (2),
members of the Commission shall be paid at the daily equivalent
of a rate, not to exceed the rate of basic pay payable for
level IV of the Executive Schedule, for each day (including
travel time) during which they are engaged in the performance
of duties of the Commission.
(2) Exception.--Members of the Commission who are full-time
officers or employees of the United States shall receive no
additional pay by reason of their service on the Commission.
(d) Termination.--The Commission shall cease to exist as of the
date on which the work of the Commission has been completed.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``Postal Service'' means the United States
Postal Service and the Postal Rate Commission;
(2) the term ``property'', when used with respect to the
Postal Service, means all assets and rights, and all
liabilities and obligations, of the Postal Service;
(3) the term ``State'' means each of the several States,
the District of Columbia, and the Commonwealth of Puerto Rico;
and
(4) the term ``Postal Privatization Commission'' refers to
the commission established under section 4. | Directs the President to transmit to the Congress: (1) a comprehensive plan providing for the transfer of property subject to this Act; and (2) recommendations for legislation as necessary.
Establishes the Postal Privatization Commission to: (1) carry out functions relating to the issuance of securities to postal employees; and (2) consult with the President on the transfer. | {"src": "billsum_train", "title": "To provide for the privatization of the United States Postal Service."} | 1,332 | 72 | 0.588413 | 1.538114 | 0.560843 | 2.875 | 17.347222 | 0.902778 |
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the 3 elementary schools available for the children of
employees of Yosemite National Park are administered by the
Bass Lake Joint Union Elementary School District and the
Mariposa Unified School District;
(2) the elementary schools are in remote mountainous areas
that are long distances from other educational and
administrative facilities of the local school districts;
(3) because of the remote locations of and relatively small
number of students at the elementary schools serving the
children of employees of the Park, the elementary schools
provide fewer services in more basic facilities than other
schools located in the local school districts; and
(4) because of the long distances involved and adverse
weather and road conditions that occur during much of the
school year, it is impractical for the children of employees of
the Park who live in or near the Park to attend other schools
located in the local school districts.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
of the Interior to provide supplemental funding and other services that
are necessary to assist the State of California or local educational
agencies in the State in providing educational services for students
attending schools located in Yosemite National Park.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means--
(A) the Bass Lake Joint Union Elementary School
District; and
(B) the Mariposa Unified School District.
(2) Educational service.--The term ``educational service''
includes--
(A) maintenance and minor upgrades of Park school
facilities; and
(B) transportation to and from Park schools.
(3) Eligible student.--The term ``eligible student'' means
a student who--
(A) is a dependent of a person engaged in the
administration, operation, and maintenance of the Park;
or
(B) lives at or near the Park on real property of
the United States.
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Park.--The term ``Park'' means Yosemite National Park,
California.
(6) Park school.--The term ``Park school'' means a school
in the Park that serves eligible students.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of
California.
SEC. 3. FUNDING FOR EDUCATIONAL SERVICES.
(a) In General.--For each of fiscal years 2003 through 2007, the
Secretary may provide to the Districts funding for educational services
for eligible students.
(b) Amount.--
(1) In general.--Amounts made available to the Districts
under this section for any fiscal year shall not exceed the
lesser of--
(A) $750,000; or
(B) the amount necessary to provide eligible
students with educational services that are normally
provided and generally available to students who attend
other public schools in the State.
(2) Adjustments.--Subject to paragraph (1), the Secretary
may adjust the amounts made available under this section if the
State or the appropriate local educational agencies do not
provide, for any fiscal year, amounts for educational services
at Park schools at per student levels that are equal to or
greater than the amounts provided for the fiscal year before
the date of enactment of this Act.
(c) Limitations on Use of Funds.--Amounts provided by the Secretary
to the Districts under this section may not be used by the Districts--
(1) for construction commenced after the date of enactment
of this Act, construction contracts, or major capital
improvements; or
(2) to pay public employees for providing educational
services not authorized by this Act.
(d) Source of Funds.--
(1) In general.--Except as provided in paragraph (2), the
Secretary may use amounts made available to the National Park
Service from appropriations, donations, or fees to provide
funding to Districts under this section.
(2) Exceptions.--The Secretary may not provide funding
under this section from amounts made available from--
(A) the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-4 et seq.);
(B) the recreational fee demonstration program
established under section 315 of the Department of the
Interior and Related Agencies Appropriations Act, 1996
(16 U.S.C. 460l-6a note; Public Law 104-134);
(C) the national park passport program established
under section 602 of the National Parks Omnibus
Management Act of 1998 (16 U.S.C. 5992); and
(D) emergency appropriations for Park flood
recovery.
SEC. 4. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE
BOUNDARIES OF YOSEMITE NATIONAL PARK.
Section 814(c) of the Omnibus Parks and Public Lands Management Act
of 1996 (16 U.S.C. 346e) is amended--
(1) in the first sentence--
(A) by inserting ``and Yosemite National Park''
after ``Zion National Park''; and
(B) by inserting ``transportation systems and''
before ``the establishment of''; and
(2) by striking ``park'' each place it appears and
inserting ``parks''.
SEC. 5. ADVISORY COMMISSIONS.
(a) Golden Gate National Recreation Area Advisory Commission.--
Section 5 of Public Law 92-589 (16 U.S.C. 460bb-4) is amended--
(1) in subsection (b)--
(A) by striking ``(b) The Commission'' and
inserting the following:
``(b) Membership.--
``(1) In general.--The Commission'';
(B) by striking ``Provided, That the'' and all that
follows through the period; and
(C) by inserting after paragraph (1) (as designated
by subparagraph (A)) the following:
``(2) Considerations.--In appointing members to the
Commission, the Secretary shall ensure that the members
represent the interests of local, historic recreational users
of the recreation area.''; and
(2) in subsection (g), by striking ``thirty'' and inserting
``40''.
(b) Manzanar National Historic Site Advisory Commission.--Section
105(h) of Public Law 102-248 (16 U.S.C. 461 note) is amended by
striking ``10 years after the date of enactment of this title'' and
inserting ``on December 31, 2012''. | Authorizes the Secretary of the Interior to provide funds to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in California for educational services for students who: (1) are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (2) live at or near the Park upon Federal property.Allows such educational services to include maintenance and minor upgrades of facilities and transportation to and from school. Allows such payments to come from funds available to the National Park Service through appropriations, donations, or fees; but prohibits such payments from the following sources: (1) fees under the Land and Water Conservation Fund Act of 1965; (2) the recreational fee demonstration program; (3) the national park passport program; and (4) emergency appropriations for Yosemite flood recovery.Amends the Omnibus Parks and Public Lands Management Act of 1996 to allow certain facilities to be located outside the boundaries of Yosemite National Park.Amends specified Federal law to increase the number of members on the Golden Gate National Recreation Area Advisory Commission, and require that they represent the interests of local, historic recreational users of such recreational area.Amends specified Federal law to extend through 2012 the existence of the Manzanar National Historic Site Advisory Commission. | {"src": "billsum_train", "title": "A bill to provide for adequate school facilities in Yosemite National Park, and for other purposes."} | 1,509 | 273 | 0.523673 | 1.544628 | 0.80218 | 3.590164 | 5.463115 | 0.860656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Ambassador at Large
for Arctic Affairs Act of 2009''.
SEC. 2. UNITED STATES AMBASSADOR AT LARGE FOR ARCTIC AFFAIRS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following:
``SEC. 63. UNITED STATES AMBASSADOR AT LARGE FOR ARCTIC AFFAIRS.
``(a) Findings.--Congress finds that--
``(1) the United States is an Arctic nation with--
``(A) an approximately 700-mile border on the
Arctic Ocean;
``(B) more than 100,000,000 acres of land above the
Arctic Circle; and
``(C) an even broader area defined as Arctic by
temperature that includes the Bering Sea and Aleutian
Islands;
``(2) the Arctic region of the United States--
``(A) is known to the indigenous population as
Inuvikput, or the `place where we live';
``(B) is home to an indigenous population that has
subsisted for millennia on the abundance of marine
mammals, fish, and wildlife, many species of which are
unique to the Arctic region;
``(C) has produced more than 16,000,000,000 barrels
of oil, and, according to the United States Geological
Service, holds 30,000,000,000 barrels of oil and 220
trillion cubic feet of natural gas, making the region
fundamentally important to the interest of the United
States;
``(3) since 1959, temperatures in the Arctic region of the
United States have warmed by 3 to 4 degrees Celsius, a rate of
increase more than twice the global average;
``(4) the Arctic ice pack is rapidly diminishing and
thinning, and the National Oceanic and Atmospheric
Administration estimates the Arctic Ocean may be ice free
during the summer months in as few as 30 years;
``(5) these changes are having a significant impact on the
communities and ecosystems of the indigenous people of the
Arctic, and the marine mammals, fish, and wildlife upon which
the indigenous population depends;
``(6) these changes are opening new portions of the Arctic
continental shelf of the United States to possible development
for offshore oil and gas, commercial fishing, marine shipping,
and tourism;
``(7) increased industrial development and commercial
activity in the Arctic region requires a heightened diplomatic
presence to address important issues that involve the United
States and Pan-Arctic countries or the Arctic Council;
``(8) the Arctic Council, an intergovernmental forum
established in 1996, includes representatives from Canada,
Denmark, Finland, Iceland, Norway, the Russian Federation,
Sweden, and the United States and 6 Permanent Participants who
represent the indigenous peoples of the Arctic;
``(9) the Arctic Council--
``(A) is committed to the well-being of the people
who live in the Arctic region;
``(B) recognizes the special relationship
indigenous people have with the Arctic region;
``(C) acknowledges the unique contributions
indigenous communities make to the Arctic region;
``(D) is committed to sustainable economic and
social development in the Arctic region, improving
health conditions in the Arctic region, and fostering
cultural well-being in the Arctic region; and
``(E) is committed to protecting the Arctic
environment, including Arctic ecosystems, biodiversity
in the Arctic region, and the conservation and
sustainable use of Arctic natural resources;
``(10) other Arctic countries are pursuing claims for
Arctic seabed resources under the United Nations Convention on
the Law of the Sea, signed at Montego Bay, Jamaica, December
10, 1982;
``(11) the North Pacific Fishery Management Council
recommends closing commercial fishing operations in the Arctic
waters of the United States until sustainable fishing is
scientifically determined, an action that will only be
effective with cooperation from neighboring Arctic countries;
``(12) increased commercial activity in the Arctic region
raises concerns regarding national security, environmental
protection, and the cultural and subsistence needs of
indigenous communities;
``(13) the United States seeks to maintain, and further
develop, a constructive and cordial relationship with the
members of the Arctic Council; and
``(14) the United States has not established an Ambassador
at Large for Arctic Affairs, who would enhance the ability of
the United States to respond quickly and appropriately to
issues of mutual interest to the Arctic Council and Arctic
countries generally.
``(b) Establishment.--There is established within the Department of
State an Ambassador at Large for Arctic Affairs (referred to in this
section as the `Ambassador'), appointed under subsection (c).
``(c) Appointment.--The Ambassador shall be appointed by the
President, by and with the advice and consent of the Senate.
``(d) Duties.--
``(1) Diplomatic representation.--Subject to the direction
of the President and the Secretary of State, the Ambassador is
authorized to represent the United States in matters and cases
relevant to Arctic affairs in--
``(A) contacts with foreign governments,
intergovernmental organizations, and specialized
agencies of the United Nations, the Arctic Council, and
other international organizations of which the United
States is a member; and
``(B) multilateral conferences and meetings
relating to Arctic affairs.
``(2) Advisory role.--The Ambassador shall be a principal
adviser to the President and the Secretary of State regarding
matters affecting Arctic affairs and shall make recommendations
regarding the policies of the United States relating to Arctic
affairs.
``(e) Funding.--The Secretary of State shall provide the Ambassador
with such funds as may be necessary to carry out the duties described
in subsection (d).''. | United States Ambassador at Large for Arctic Affairs Act of 2009 - Amends the State Department Basic Authorities Act of 1956 to establish within the Department of State an Ambassador at Large for Arctic Affairs. | {"src": "billsum_train", "title": "A bill to amend the State Department Basic Authorities Act of 1956 to establish a United States Ambassador at Large for Arctic Affairs."} | 1,246 | 40 | 0.507245 | 1.178999 | 1.10672 | 6.111111 | 33.666667 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vacant Homes Act of 2015''.
SEC. 2. PROMPT RESPONSE REQUIRED.
(a) Before Foreclosure.--
(1) 90 days provided to respond.--With respect to a home in
foreclosure, the mortgage owner of such home who receives
notice from the owner of such home (or from such owner's
designee) of a qualified offer to buy such home in a short sale
shall, no later than 90 days after receipt of such notice,
provide a response to--
(A) such homeowner; and
(B) the person who made such offer.
(2) Certification required when owner in imminent
default.--If such home is a home in foreclosure only because
the owner is in imminent default on a loan secured by a
mortgage of such home, a communication from such owner (or
designee) to such mortgage owner does not constitute ``notice''
under paragraph (1) unless such owner certifies in such notice
that he or she is in imminent default on such loan.
(3) Contents of response.--A response described under
paragraph (1) shall--
(A) state that such mortgage owner accepts the
offer; or
(B) state that such mortgage owner rejects the
offer and adequately provide a reason for such
rejection.
(4) Sufficient responses.--A response described under
paragraph (1) which states that such mortgage owner rejects the
offer adequately provides a reason for such rejection only if
it provides--
(A) a counteroffer stating--
(i) an alternative price at which the
mortgage owner would approve the offer; and
(ii) an economic analysis demonstrating a
reasonable expectation that, within the 1-year
period following the 90-day period under
subsection (a), the home's fair market value
will likely be equal or greater than such
alternative price;
(B) proof that the home's title is encumbered such
that the transfer of title proposed by the offer is
prohibited;
(C) proof that another mortgage owner of the home
prohibits its being the subject of a short sale; or
(D) proof that an enforceable contract between the
mortgage owner and another person prohibits the
mortgage owner from approving the offer.
(b) After Foreclosure.--
(1) 90 days provided to respond.--With respect to a
foreclosed home, the owner of such home (or a servicer acting
on behalf of the owner) who receives a qualified offer to buy
such home shall, no later than 90 days after receipt of such
offer, provide a response to the person who made such offer.
(2) Contents of response.--A response described under
paragraph (1) shall--
(A) state that such owner or servicer accepts the
offer; or
(B) state that such owner or servicer rejects the
offer and adequately provide a reason for such
rejection.
(3) Sufficient responses.--A response described under
paragraph (1) which states that such mortgage owner rejects the
offer adequately provides a reason for such rejection only if
it provides--
(A) a counteroffer stating--
(i) an alternative price at which the
mortgage owner would approve the offer; and
(ii) an economic analysis demonstrating a
reasonable expectation that, within the 1-year
period following the 90-day period under
subsection (a), the home's fair market value
will likely be equal or greater than such
alternative price; or
(B) proof that the home's title is encumbered such
that the transfer of title proposed by the offer is
prohibited.
SEC. 3. PRIVATE RIGHTS OF ACTION.
(a) For Homeowners.--A homeowner who has provided a mortgage owner
with notice of a qualified offer under section 2(a) and does not within
90 days receive the response required thereunder may bring a civil
action in the district court of the United States for the district in
which such home is located against an entity required to provide such
response.
(b) For Offerors.--A person who has made a qualified offer to
purchase a home in foreclosure or a foreclosed home and does not
receive a response within the 90-day period applicable under section
2(a) or 2(b) may bring a civil action in the district court of the
United States for the district in which such home is located against an
entity required to provide such response.
(c) Relief.--The relief sought in a civil action under subsection
(a) or (b) may include an order requiring the defendant to comply with
section 2.
SEC. 4. AUTHORITY GRANTED TO THE BUREAU OF CONSUMER FINANCIAL
PROTECTION.
(a) Enforcement Authority.--The Bureau of Consumer Financial
Protection may apply to the district court of the United States for the
district in which a home in foreclosure or a foreclosed home is located
for an order requiring--
(1) the mortgage owner of such home in foreclosure to
comply with section 2, and for such other relief as the court
may deem appropriate to carry out this Act; or
(2) the owner of such foreclosed home (or a servicer acting
on behalf of such owner) to comply with section 2, and for such
other relief as the court may deem appropriate to carry out
this Act.
(b) Rulemaking Authority.--The Bureau of Consumer Financial
Protection shall have the power to make such rules as may be necessary
or appropriate to carry out this Act.
SEC. 5. DEFINITIONS.
As used in this Act:
(a) Dwelling; Home.--The terms ``dwelling'' and ``home'' have the
meaning given the term ``dwelling'' under section 103 of the Truth in
Lending Act (15 U.S.C. 1602).
(b) Foreclosed Home.--The term ``foreclosed home'' means a dwelling
whose owner obtained such dwelling--
(1) by reason of the acceptance by such owner (or by a
servicer acting on behalf of such owner) of a deed in lieu of
foreclosure on a mortgage of that dwelling; or
(2) by reason of foreclosure on a mortgage of that dwelling
by such owner (or by a servicer acting on behalf of such
owner).
(c) Home in Foreclosure.--The term ``home in foreclosure'' means a
dwelling--
(1) whose owner is in imminent default on a loan secured by
a mortgage of such dwelling;
(2) whose owner has defaulted on a loan secured by a
mortgage of such dwelling; or
(3) which is the subject of a foreclosure proceeding.
(d) Imminent Default.--The term ``imminent default'' with respect
to a loan obligation means a situation in which the obligor under such
loan--
(1) is current, or delinquent by less than 30 days, on the
obligation under such loan; and
(2) is experiencing a significant reduction in income or
other hardship that will severely limit his or her ability to
make the next required payment on such loan.
(e) Mortgage.--The term ``mortgage'' includes a deed of trust or
other security interest in real property.
(f) Mortgage Owner.--The term ``mortgage owner'' with respect to a
dwelling means--
(1) the mortgagee of such dwelling;
(2) the obligee of a loan secured by a mortgage of such
dwelling; or
(3) the servicer of a loan secured by a mortgage of such
dwelling.
(g) Qualified Offer.--
(1) In general.--The term ``qualified offer'' means an
offer to buy a home for at least the lowest of--
(A) half the assessed value of a home for the
purposes of State or local taxation; or
(B) half the value of a home as established by a
private appraisal.
(2) No appraisal or assessment.--If a home that is the
subject of an offer to buy has not been assessed for tax
purposes or by a private appraisal, such offer shall be deemed
to be a qualified offer if it includes an offer to pay at least
half the home's value as estimated for accounting purposes by--
(A) if it is a foreclosed home, its owner; or
(B) if it is a home in foreclosure, its mortgage
owner.
(h) Servicer.--The term ``servicer'' has the meaning given such
term under section 6(i)(2) of the Real Estate Settlement Procedures Act
of 1974 (12 U.S.C. 2605(i)(2)), and includes a person who was a
servicer of a loan secured by a dwelling before that dwelling became a
foreclosed home.
(i) Short Sale.--The term ``short sale'' means a transaction--
(1) involving the sale of a dwelling that is the subject of
a mortgage securing a loan for less than the amount of the
outstanding obligation under such loan; and
(2) in which the mortgage owner of such dwelling--
(A) accepts the proceeds of such sale in partial or
complete satisfaction of such loan; and
(B) releases the mortgage of such dwelling. | Vacant Homes Act of 2015 This bill provides the mortgage owner of a home in foreclosure who receives notice from the homeowner (or from the homeowner's designee) of a qualified offer to buy the home in a short sale 90 days after receiving the notice to respond to the homeowner and the person who made the offer. The same response time requirement shall apply to the owner of a foreclosed home (or a servicer acting on the owner's behalf) who receives a qualified offer to buy it. A response rejecting an offer shall be sufficient only if, among other things, it makes a counteroffer meeting specified criteria. Aggrieved homeowners or offerors may bring private civil actions for failure to receive a timely and adequate mandatory response. The Consumer Financial Protection Bureau may apply to the U.S. district court for the district in which a home in foreclosure or a foreclosed home is located for an order requiring either the mortgage owner of the home in foreclosure or the owner of the foreclosed home (or a servicer acting on the owner's behalf) to comply with the timely and adequate response requirements of this Act. | {"src": "billsum_train", "title": "Vacant Homes Act of 2015"} | 2,032 | 255 | 0.63064 | 1.892771 | 0.740129 | 3.200957 | 8.803828 | 0.875598 |
SECTION 1. REMOVAL OF LIMITATION UPON THE AMOUNT OF OUTSIDE INCOME
WHICH A SOCIAL SECURITY BENEFICIARY MAY EARN WHILE
RECEIVING BENEFITS.
(a) Repeal of Provisions Relating to Deductions on Account of
Work.--
(1) In general.--Subsections (b), (c)(1), (d), (f), (h),
(j), and (k) of section 203 of the Social Security Act (42
U.S.C. 403) are repealed.
(2) Conforming amendments.--Section 203 of such Act (as
amended by subsection (a)) is further amended--
(A) in subsection (c), by redesignating such
subsection as subsection (b), and--
(i) by striking ``Noncovered Work Outside
the United States or'' in the heading;
(ii) by redesignating paragraphs (2), (3),
and (4) as paragraphs (1), (2), and (3),
respectively;
(iii) by striking ``For purposes of
paragraphs (2), (3), and (4)'' and inserting
``For purposes of paragraphs (1), (2), and
(3)''; and
(iv) by striking the last sentence;
(B) in subsection (e), by redesignating such
subsection as subsection (c), and by striking
``subsections (c) and (d)'' and inserting ``subsection
(b)'';
(C) in subsection (g), by redesignating such
subsection as subsection (d), and by striking
``subsection (c)'' each place it appears and inserting
``subsection (b)''; and
(D) in subsection (l), by redesignating such
subsection as subsection (e), and by striking
``subsection (g) or (h)(1)(A)'' and inserting
``subsection (d)''.
(b) Additional Conforming Amendments.--
(1) Provisions relating to benefits terminated upon
deportation.--Section 202(n)(1) of the Social Security Act (42
U.S.C. 402(n)(1)) is amended by striking ``Section 203 (b),
(c), and (d)'' and inserting ``Section 203(b)''.
(2) Provisions relating to exemptions from reductions based
on early retirement.--
(A) Section 202(q)(5)(B) of such Act (42 U.S.C.
402(q)(5)(B)) is amended by striking ``section
203(c)(2)'' and inserting ``section 203(b)(1)''.
(B) Section 202(q)(7)(A) of such Act (42 U.S.C.
402(q)(7)(A)) is amended by striking ``deductions under
section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and
inserting ``deductions on account of work under section
203 or deductions under section 222(b)''.
(3) Provisions relating to exemptions from reductions based
on disregard of certain entitlements to child's insurance
benefits.--
(A) Section 202(s)(1) of such Act (42 U.S.C.
402(s)(1)) is amended by striking ``paragraphs (2),
(3), and (4) of section 203(c)'' and inserting
``paragraphs (1), (2), and (3) of section 203(b)''.
(B) Section 202(s)(3) of such Act (42 U.S.C.
402(s)(3)) is amended by striking ``The last sentence
of subsection (c) of section 203, subsection (f)(1)(C)
of section 203, and subsections'' and inserting
``Subsections''.
(4) Provisions relating to suspension of aliens'
benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7))
is amended by striking ``Subsections (b), (c), and (d)'' and
inserting ``Subsection (b)''.
(5) Provisions relating to benefits increased on account of
delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42
U.S.C. 402(w)(2)(B)(ii)) is amended by striking ``or 203(c)''.
(6) Provisions relating to reductions in benefits based on
maximum benefits.--Section 203(a)(3)(B)(iii) of such Act (42
U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and
subsections (b), (c), and (d)'' and inserting ``and subsection
(b)''.
(7) Provisions relating to penalties for misrepresentations
concerning earnings for periods subject to deductions on
account of work.--Section 208(a)(1)(C) of such Act (42 U.S.C.
408(a)(1)(C)) is amended by striking ``under section 203(f) of
this title for purposes of deductions from benefits'' and
inserting ``under section 203 for purposes of deductions from
benefits on account of work''.
(8) Provisions taking into account earnings in determining
benefit computation years.--Clause (I) in the next to last
sentence of section 215(b)(2)(A) of such Act (42 U.S.C.
415(b)(2)(A)) is amended by striking ``no earnings as described
in section 203(f)(5) in such year'' and inserting ``no wages,
and no net earnings from self-employment (in excess of net loss
from self-employment), in such year''.
(9) Provisions relating to rounding of benefits.--Section
215(g) of such Act (42 U.S.C. 415(g)) is amended by striking
``and any deduction under section 203(b)''.
(10) Provisions relating to earnings taken into account in
determining substantial gainful activity of blind
individuals.--The second sentence of section 223(d)(4) of such
Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section
102 of the Senior Citizens' Right to Work Act of 1996 had not
been enacted'' and inserting the following: ``if the amendments
to section 203 made by section 102 of the Senior Citizens'
Right to Work Act of 1996 and by section 5 of the ____ Act of
1999 had not been enacted''.
(11) Provisions defining income for purposes of ssi.--
Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended--
(A) by striking ``as determined under section
203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as
defined in the last two sentences of this subsection'';
and
(B) by adding at the end (after and below paragraph
(2)(F)) the following new sentences:
``For purposes of paragraph (1)(A), the term `wages' means wages as
defined in section 209, but computed without regard to the limitations
as to amounts of remuneration specified in paragraphs (1), (6)(B),
(6)(C), (7)(B), and (8) of section 209(a). In making the computation
under the preceding sentence, (A) services which do not constitute
employment as defined in section 210, performed within the United
States by an individual as an employee or performed outside the United
States in the active military or naval services of the United States,
shall be deemed to be employment as so defined if the remuneration for
such services is not includible in computing the individual's net
earnings or net loss from self-employment for purposes of title II, and
(B) the term `wages' shall be deemed not to include (i) the amount of
any payment made to, or on behalf of, an employee or any of his or her
dependents (including any amount paid by an employer for insurance or
annuities, or into a fund, to provide for any such payment) on account
of retirement, or (ii) any payment or series of payments by an employer
to an employee or any of his or her dependents upon or after the
termination of the employee's employment relationship because of
retirement after attaining an age specified in a plan referred to in
section 209(m)(2) or in a pension plan of the employer.''.
(12) Repeal of deductions on account of work under the
railroad retirement program.--Section 2 of the Railroad
Retirement Act of 1974 (45 U.S.C. 231a) is amended by striking
subsections (f) and (g)(2).
(c) Effective Date.--The amendments and repeals made by this
section shall apply with respect to taxable years beginning after
December 31, 1999. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits. | {"src": "billsum_train", "title": "To amend the Social Security Act to remove the limitation on the amount of outside income which a Social Security beneficiary may earn while receiving benefits."} | 2,103 | 56 | 0.459916 | 1.054799 | 0.052483 | 2.255814 | 38.744186 | 0.813953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taiwan Security Enhancement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 1949, the close relationship between the United
States and Taiwan has been of enormous benefit to both
societies.
(2) In recent years, Taiwan has undergone a major political
transformation, and Taiwan is today a true multiparty democracy
with a political system separate from and totally unlike that
of the People's Republic of China.
(3) The economy of Taiwan is based upon free market
principles and is separate and distinct from the People's
Republic of China.
(4) Although on January 1, 1979, the United States
Government withdrew diplomatic recognition of the government on
Taiwan as the legitimate government of China, neither at that
time nor since has the United States Government adopted a
formal position as to the ultimate status of Taiwan other than
to state that status must be decided by peaceful means. Any
determination of the ultimate status of Taiwan must have the
express consent of the people on Taiwan.
(5) The government on Taiwan no longer claims to be the
sole legitimate government of all of China.
(6) The Taiwan Relations Act (Public Law 96-8) states
that--
(A) peace and stability in the Taiwan Strait area
are in the political, security, and economic interests
of the United States and are of international concern;
(B) the decision of the United States to establish
diplomatic relations with the People's Republic of
China rests upon the expectation that the future of
Taiwan will be determined by peaceful means;
(C) the United States would consider any effort to
determine the future of Taiwan by other than peaceful
means, including boycotts or embargoes, a threat to the
peace and security of the Western Pacific region and of
grave concern to the United States;
(D) the United States will maintain the capacity to
resist any form of coercion that jeopardizes the
security, or the social or the economic system, of the
people on Taiwan; and
(E) the preservation and enhancement of the human
rights of all the people on Taiwan are objectives of
the United States.
(7) On the basis of these provisions, the Taiwan Relations
Act establishes on the part of the United States a continuing
connection with and concern for Taiwan, its people, and their
ability to maintain themselves free of coercion and free of the
use of force against them. The maintenance by Taiwan of forces
adequate for defense and deterrence is in the interest of the
United States in that it helps to maintain peace in the Taiwan
Strait area.
(8) Since 1954, when the United States and Taiwan signed
the Mutual Defense Treaty, the United States and Taiwan have
maintained a defense and security relationship that has
contributed greatly to freedom, peace, and stability in Taiwan
and the East Asia and Pacific regions.
(9) The United States and Taiwan no longer conduct joint
training missions, have no direct military lines of
communication, and have only limited military-to-military
contacts. This lack of communication and interoperation between
the United States and Taiwan hinders planning for the defense
of Taiwan and could prove detrimental in the event of future
aggression against Taiwan.
(10) Since 1979, the United States has continued to sell
defensive weapons to Taiwan in accordance with the Taiwan
Relations Act, and such sales have helped Taiwan maintain its
autonomy and freedom in the face of persistent hostility from
the People's Republic of China. However, pressures to delay,
deny, and reduce arms sales to Taiwan have been prevalent
since the signing of the August 17, 1982, communique with the People's
Republic of China. Over time, such delays, denials, and reductions
could prevent Taiwan from maintaining a sufficient capability for self-
defense.
(11) As has been affirmed on several occasions by the
executive branch of Government, the provisions of the Taiwan
Relations Act take legal precedence over any communique with
the People's Republic of China.
(12) The People's Republic of China has consistently
refused to renounce the use of force against Taiwan and has
repeatedly threatened force against Taiwan, including implied
threats by unnamed People's Republic of China officials on
January 10, 1999, who warned Taiwan not to participate in the
development of theater missile defense capabilities with the
United States.
(13) The missile firings by the People's Republic of China
near Taiwan in August 1995 and March 1996 clearly demonstrate
the willingness of the People's Republic of China to use
forceful tactics to limit the freedom of the people on Taiwan.
(14) As most nations in East Asia reduce military spending,
the People's Republic of China continues a major and
comprehensive military buildup.
(15) This military buildup includes the development of
advanced ballistic and cruise missiles that will incorporate
precision guidance capability and the construction of new
imaging, radar, navigation, and electronic intelligence
satellites that will help target and guide ballistic and cruise
missiles. According to the Department of Defense report
entitled ``The Security Situation in the Taiwan Strait'',
submitted to Congress in February 1999, the size of the missile
force of the People's Republic of China is expected to grow
substantially and, by 2005, the People's Republic of China will
possess an ``overwhelming advantage'' in offensive missiles
vis-a-vis Taiwan. The Department of Defense has also noted that
the People's Republic of China may already possess the
capability to damage satellite optical sensors with lasers, is
researching advanced anti-satellite lasers that could blind
United States intelligence satellites, and is procuring radio
frequency weapons that disable electronic equipment. These
missile and anti-satellite capabilities pose a grave threat to
Taiwan.
(16) This military buildup also includes the construction
or procurement from abroad of advanced naval systems, including
Russian Kilo submarines that are difficult to detect, Russian
technology to assist the development of new nuclear-powered
attack submarines, Russian Sovremenny class destroyers armed
with supersonic SS-N-22 Sunburn anti-ship missiles, a new long-
range, all-weather naval attack aircraft called the JH-7, and
new indigenous land-attack cruise missiles that could be
launched from submarines, ships, and naval attack aircraft.
These naval capabilities pose a grave threat of blockade to
Taiwan.
(17) This military buildup also includes the improvement of
air combat capabilities by procuring and co-producing hundreds
of Russian Sukhoi Su-27 fighters, seeking to purchase Russian
Su-30 all-weather attack aircraft, arming these aircraft with
advanced air-to-air missiles such as the Russian R-77 missile
and other precision guided munitions, constructing the
indigenously designed J-10 fighter, and seeking advanced
airborne warning and control systems from abroad. These
capabilities pose a grave airborne threat to Taiwan.
(18) Because of the introduction of advanced submarines
into the Taiwan Strait area by the People's Republic of China
and the increasing capability of the People's Republic of China
to blockade Taiwan, Taiwan needs to acquire diesel-powered
submarines in order to maintain a capability to counter a
blockade, to conduct antisubmarine warfare training, and for
other purposes.
(19) Because of the democratic form of government on Taiwan
and the historically nonaggressive foreign policy of Taiwan, it
is highly unlikely that Taiwan would use submarines in an
offensive manner.
(20) The current defense relationship between the United
States and Taiwan is deficient in terms of its capacity over
the long term to counter and deter potential aggression against
Taiwan by the People's Republic of China.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Secretary of Defense and the Secretaries of the
military departments should make every effort to reserve
additional positions for Taiwan officers at the National
Defense University, the senior war colleges, and the military
academies; and
(2) the Secretary of State should, when considering foreign
military sales to Taiwan--
(A) take into account the special status of Taiwan;
and
(B) make every effort to ensure that Taiwan has
full and timely access to price and availability data
for defense articles and defense services.
SEC. 4. DETERMINATIONS OF DEFENSE NEEDS OF TAIWAN.
(a) Increase in Technical Staff of the American Institute in
Taiwan.--Upon the request of the Defense Security Cooperation Agency,
the President shall use funds available to the Department of Defense
under the Arms Export Control Act for the assignment or detail of
additional technical staff to the American Institute in Taiwan.
(b) Annual Reports.--Beginning 60 days after the next round of arms
talks between the United States and Taiwan, and annually thereafter,
the President shall submit a report to Congress--
(1) detailing each of Taiwan's requests for purchase of
defense articles and defense services during the one-year
period ending on the date of the report;
(2) describing the defense needs asserted by Taiwan as
justification for those requests; and
(3) describing any decision to reject, postpone, or modify
any such request that was made during the one-year period
ending on the date of the report, the level at which the final
decision was made, and a justification for the decision.
SEC. 5. STRENGTHENING THE DEFENSE OF TAIWAN.
(a) Maintenance of Sufficient Self-Defense Capabilities of
Taiwan.--Congress finds that any determination of the nature or
quantity of defense articles or defense services to be made available
to Taiwan that is made on any basis other than the defense needs of
Taiwan, whether pursuant to the August 17, 1982, Communique signed with
the People's Republic of China, or any similar executive agreement,
order, or policy would violate the intent of Congress in the enactment
of section 3(b) of the Taiwan Relations Act (22 U.S.C. 3302(b)).
(b) Plan.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretary of State, shall develop a plan for the
enhancement of programs and arrangements for operational
training and exchanges of personnel between the armed forces of
the United States and Taiwan for work in threat analysis,
doctrine, force planning, operational methods, and other areas.
The plan shall provide for exchanges of officers up to and
including general and flag officers in the grade of O-10.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit a
report to Congress, in classified or unclassified form,
containing the plan required under paragraph (1).
(3) Implementation.--Not later than 30 days after the date
on which the report described in paragraph (2) is submitted or
required to be submitted, the Secretary of Defense shall
implement the plan contained in the report.
(c) Communications Between United States and Taiwan Military
Commands.--Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall establish secure direct
communications between the United States Pacific military command and
the Taiwan military command.
(d) Missile Defense Equipment.--Subject to subsection (h), the
President is authorized to make available for sale to Taiwan, at
reasonable cost, theater missile defense equipment and related items,
including--
(1) ground-based and naval-based missile defense systems;
and
(2) reconnaissance and communications systems, as may be
necessary to target and cue missile defense systems sold to
Taiwan.
(e) Satellite Early Warning Data.--Subject to subsection (h), the
President is authorized to make available for sale to Taiwan, at
reasonable cost, satellite early warning data.
(f) Air Defense Equipment.--Subject to subsection (h), the
President is authorized to make available for sale to Taiwan, at
reasonable cost, modern air-defense equipment, including the following:
(1) AIM-120 AMRAAM air-to-air missiles.
(2) Additional advanced fighters and airborne warning and
control systems (AWACS).
(3) Equipment to better defend airfields from air and
missile attack.
(4) Communications infrastructure that enables coordinated
joint-force air defense of Taiwan.
(g) Naval Defense Systems.--Subject to subsection (h), the
President is authorized to make available for sale to Taiwan, at
reasonable cost, defensive systems that counter the development by the
People's Republic of China of new naval capabilities, including defense
systems such as--
(1) diesel-powered submarines;
(2) anti-submarine systems, including airborne systems,
capable of detecting new Kilo and advanced Chinese nuclear
submarines;
(3) naval anti-missile systems, including Aegis destroyers,
capable of defeating Russian supersonic anti-ship missiles; and
(4) communications systems that better enable Taiwan to
conduct joint-force naval defense operations.
(h) Relation to Arms Export Control Act.--Nothing in this section
supersedes or modifies the application of section 36 of the Arms Export
Control Act to the sale of any defense article or defense service under
this section. | Expresses the sense of Congress that the Secretary of State should, when considering foreign military sales to Taiwan, take into account Taiwan's special status and make every effort to ensure it has full and timely access to price and availability data for defense articles and defense services.
Directs the President, upon the request of the Defense Security Cooperation Agency, to use Department of Defense funds for the assignment of additional technical staff to the American Institute in Taiwan.
Directs the President to report annually to Congress with respect to Taiwan's defense needs.
Directs the Secretary of Defense to develop a plan for the enhancement of programs for operational training and exchanges of personnel between U.S. armed forces and Taiwanese armed forces for work in threat analysis, doctrine, force planning, operational methods, and other areas. Directs the Secretary of Defense to establish secure direct communications between the U.S. Pacific military command and the Taiwan military command.
Authorizes the President, subject to the Arms Export Control Act, to make available for sale to Taiwan, at reasonable cost, theater missile defense equipment and related items, satellite early warning data, modern air-defense equipment, and naval defense systems. | {"src": "billsum_train", "title": "Taiwan Security Enhancement Act"} | 2,738 | 244 | 0.426993 | 1.263254 | 0.615765 | 5.121622 | 12.108108 | 0.95045 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Memorial Preservation and
Recognition Act of 2001''.
SEC. 2. VETERANS' MEMORIAL RESTORATION FUND.
(a) Establishment.--Part VI of title 38, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 87--MISCELLANEOUS MATTERS
``Sec.
``8701. Grants to provide for repair and upkeep of veterans memorials
on public property.
``Sec. 8701. Grants to provide for repair and upkeep of veterans
memorials on public property
``(a) The Secretary may make grants for the following purposes:
``(1) To cover the costs of the repair or restoration of
any injury or depredation to a veterans' memorial on public
property.
``(2) To cover any other cost associated with the repair,
restoration, maintenance, or upkeep of veterans' memorials on
public property.
``(b) A grant under subsection (a) with respect to a veterans'
memorial shall be made to the individual or entity that has authority
or responsibility for the upkeep and maintenance of the memorial. Any
such grant shall be in such manner and in accordance with such criteria
as the Secretary may prescribe.
``(c) Except as otherwise provided by law, a grant under this
section shall be made from amounts in the fund established under
subsection (d).
``(d)(1) There is established on the books of the Treasury a fund
to be known as the `Veterans' Memorial Restoration Fund' (in this
subsection referred to as the `Fund').
``(2) There shall be deposited in the Fund amounts as follows:
``(A) Amounts appropriated to the Fund.
``(B) Amounts collected as civil penalties under section
1369(b) of title 18.
``(C) Amounts donated to the United States for purposes of
deposit in the Fund.
``(D) Any other amounts transferred to the Fund under law.
``(3) Amounts in the Fund are available for the purpose of making
grants under this section. Such amounts may not be used for any other
purpose.
``(e) Amounts in the Fund are in addition to any other amounts
available to the Secretary for purposes of the repair, restoration,
maintenance, or upkeep of veterans' memorials.
``(f) In this section, the term `veterans' memorial' means a
structure, plaque, statue, or other monument commemorating the service
of any person or persons in the Armed Forces.''.
(b) Clerical Amendments.--The tables of chapters at the beginning
of title 38, United States Code, and at the beginning of part VI of
that title, are each amended by adding at the end the following new
item:
``87. Miscellaneous Matters................................. 8701''.
SEC. 3. CRIMINAL AND CIVIL PENALTIES FOR DESECRATION OF VETERANS'
MEMORIALS.
(a) In General.--Chapter 65 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 1369. Desecration of veterans' memorials on public property
``(a) Whoever, in a circumstance described in subsection (c),
willfully damages a veterans' memorial on public property shall be
punished--
``(1) if the cost of repairing the damage to such memorial
exceeds the sum of $1,000, by a fine under this title or
imprisonment for not more than 10 years, or both; and
``(2) if the cost of repairing the damage to such memorial
does not exceed the sum of $1,000, by a fine under this title
or imprisonment for not more than one year, or both.
``(b)(1) Whoever violates subsection (a) shall be subject to a
civil penalty in an amount equal to the cost of repairing the damages
upon which the violation is based.
``(2) A civil penalty for an offense under this subsection is in
addition to any fine or penalty for the offense under subsection (a) or
any other provision of law.
``(3) Amounts collected under this subsection shall be deposited in
the Veterans' Memorial Restoration Fund under section 8701 of title 38.
``(c) The circumstance referred to in subsection (a) is that, in
violating that subsection, the defendant--
``(1) travels or causes another to travel in interstate or
foreign commerce; or
``(2) uses the mail or an instrumentality of interstate or
foreign commerce.
``(d) As used in this section, the term `veterans' memorial' means
a structure, plaque, statue, or other monument commemorating the
service of any person or persons in the Armed Forces of the United
States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 65 of title 18, United States Code, is amended by adding at the
end the following new item:
``1369. Desecration of veterans' memorials.''.
SEC. 4. HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES.
(a) In General.--Notwithstanding the terms of any agreement entered
into by the Secretary of Transportation and a State under section
109(d) or 402(a) of title 23, United States Code, a veterans cemetery
shall be treated as a site for which a supplemental guide sign may be
placed on any Federal-aid highway.
(b) Applicability.--Subsection (a) shall apply to an agreement
entered into before, on, or after the date of the enactment of this
Act. | Veterans' Memorial Preservation and Recognition Act of 2001 - Authorizes the Secretary of Veterans Affairs to make grants for the repair, restoration, or maintenance of veterans' memorials on public property.Establishes in the Treasury a Veterans' Memorial Restoration Fund consisting of appropriations, civil penalty amounts, and donations to fund such grants.Establishes criminal and civil penalties for the willful damage of such memorials.States that a veterans cemetery shall be treated as a site for which a supplemental guide sign may be placed on any Federal-aid highway. | {"src": "billsum_train", "title": "To further the protection and recognition of veterans' memorials, and for other purposes."} | 1,272 | 127 | 0.535223 | 1.401417 | 0.593764 | 4.8 | 11.74 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Corporate Earnings Stripping
Act of 2017''.
SEC. 2. PREVENTION OF EARNINGS STRIPPING OF CORPORATIONS WHICH ARE
RELATED TO INVERTED CORPORATIONS.
(a) In General.--Section 7874 of the Internal Revenue Code of 1986
is amended by redesignating subsection (g) as subsection (h) and by
inserting after subsection (f) the following new subsection:
``(g) Special Rules Applicable to Earnings Stripping and Related
Party Transactions.--
``(1) In general.--In the case of any corporation which is
a related corporation for any taxable year, section 163(j)
shall be applied with the following modifications:
``(A) 5-year limitation on carryforward of
disallowed amounts.--For purposes of determining any
amount carried to, or from, such taxable year under
subparagraph (B) of section 163(j)(1), such
subparagraph shall be applied by substituting `in the
1st succeeding taxable and in the 2nd through 5th
succeeding taxable years to the extent disallowed under
subparagraph (A) in the preceding taxable year
(determined on a first-in, first-out basis and by
treating the amount carried forward under this
subparagraph as allowed under subparagraph (A) before
amounts otherwise taken into account under subparagraph
(A))' for `in the succeeding taxable year'.
``(B) Rules for determining whether interest
limitation rules apply.--In applying section 163(j)(2)
to determine whether section 163(j) applies to such
related corporation for such taxable year--
``(i) subparagraph (A)(ii) shall be
disregarded, and
``(ii) subparagraph (B)(i)(II) shall be
applied by substituting `25 percent of the
adjusted taxable income of the corporation' for
`the sum of 50 percent of the adjusted taxable
income of the corporation plus any excess
limitation carryforward under clause (ii)' for
purposes of determining the corporation's
excess interest expense for such taxable year.
``(2) Related corporation.--For purposes of this
subsection--
``(A) In general.--The term `related corporation'
means any corporation for any taxable year if, at any
time during such taxable year, such corporation is a
member of an expanded affiliated group which includes
(at any time during such taxable year) an entity
which--
``(i) is a surrogate foreign corporation,
determined by applying subsection (a)(2)(B)--
``(I) by substituting `on or after
May 8, 2014' for `after March 4, 2003'
in clause (i) thereof,
``(II) by substituting `more than
50 percent' for `at least 60 percent'
in clause (ii) thereof, and
``(III) by disregarding the matter
following clause (iii) thereof, and
``(ii) is not treated as a domestic
corporation by reason of subsection (b).
``(B) Special rule for inclusion of noncorporate
entities.--For purposes of subparagraph (A), a
partnership or other entity (other than a corporation)
shall be treated as a member of an expanded affiliated
group if such entity controls (as determined under
section 954(d)(3)), or is controlled by (as so
determined), members of such group (including any
entity treated as a member of such group by reason of
this sentence).
``(3) Rules related to application of 5-year carryforward
of disallowed amounts.--For purposes of applying paragraph
(1)(A)--
``(A) Transition rule.--For purposes of applying
paragraph (1)(A), the term `1st succeeding taxable
year' means the later of--
``(i) the 1st succeeding taxable year after
the taxable year in which the disqualified
interest is paid or accrued (determined without
regard to subsection (j)(1)(B)), or
``(ii) the 1st taxable year beginning after
the date of the enactment of this subsection.
``(B) Amounts carried to taxable year for which
corporation is a related corporation.--Paragraph (1)(A)
shall apply to amounts carried to a taxable year to
which such paragraph applies without regard to whether
such paragraph applied to the taxable year in which
such amount was originally paid or accrued (or to any
other taxable year).
``(C) Amounts carried from taxable year for which
corporation is a related corporation.--Paragraph (1)(A)
shall apply to amounts carried from a taxable year to
which such paragraph applies (whether or not such
amount was originally paid or accrued in such taxable
year) without regard to whether such paragraph applies
to the taxable year to which carried (or to any other
taxable year).''.
(b) 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) Limitation on carryforward of disallowed amounts.--For
purposes of determining any amount carried to a taxable year
beginning after the date of the enactment of this Act, the
amendments made by this Act shall apply to amounts paid or
incurred before, on, or after the date of the enactment of this
Act. | Stop Corporate Earnings Stripping Act of 2017 This bill amends the Internal Revenue Code to limit the tax deduction available to certain foreign-controlled U.S. multinational corporations for excess interest on debt incurred by such corporations (i.e., earnings stripping) by: (1) repealing the debt-to-equity ratio threshold required for such deduction, (2) reducing the permitted net interest expense threshold from 50% to 25% of the corporation's adjusted taxable income, (3) repealing the excess limitation carryforward, and (4) limiting to five years the carryforward of disallowed interest expenses with respect to amounts paid or incurred before, on, or after the date of enactment of this bill. | {"src": "billsum_train", "title": "Stop Corporate Earnings Stripping Act of 2017"} | 1,262 | 158 | 0.53956 | 1.490915 | 0.7154 | 2.1875 | 8.398438 | 0.765625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlocking Consumer Choice and
Wireless Competition Act''.
SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL RULEMAKING BY LIBRARIAN
OF CONGRESS.
(a) Repeal and Replace.--As of the date of the enactment of this
Act, paragraph (3) of section 201.40(b) of title 37, Code of Federal
Regulations, as amended and revised by the Librarian of Congress on
October 28, 2012, pursuant to the Librarian's authority under section
1201(a) of title 17, United States Code, shall have no force and
effect, and such paragraph shall read, and shall be in effect, as such
paragraph was in effect on July 27, 2010.
(b) Rulemaking.--
(1) In general.--The Librarian of Congress, upon the
recommendation of the Register of Copyrights, who shall consult
with the Assistant Secretary for Communications and Information
of the Department of Commerce and report and comment on his or
her views in making such recommendation, shall determine,
consistent with the requirements set forth under section
1201(a)(1) of title 17, United States Code, whether to extend
the exemption for the class of works described in section
201.40(b)(3) of title 37, Code of Federal Regulations, as
amended by subsection (a), to include any other category of
wireless devices in addition to wireless telephone handsets.
(2) Timing of rulemaking.--(A) If this Act is enacted
before June 1, 2014, the determination under paragraph (1)
shall be made by not later than the end of the 9-month period
beginning on the date of the enactment of this Act.
(B) If this Act is enacted on or after June 1, 2014, the
determination under paragraph (1) shall be made in the first
rulemaking under section 1201(a)(1)(C) of title 17, United
States Code, that begins on or after the date of the enactment
of this Act.
(c) Unlocking at Direction of Owner.--
(1) In general.--Circumvention of a technological measure
that restricts wireless telephone handsets or other wireless
devices from connecting to a wireless telecommunications
network--
(A)(i) as authorized by paragraph (3) of section
201.40(b) of title 37, Code of Federal Regulations, as
made effective by subsection (a), and
(ii) as may be extended to other wireless devices
pursuant to a determination in the rulemaking conducted
under subsection (b), or
(B) as authorized by an exemption adopted by the
Librarian of Congress pursuant to a determination made
on or after the date of enactment of this Act under
section 1201(a)(1)(C) of title 17, United States Code,
may be initiated by the owner of any such handset or other
device, by another person at the direction of the owner, or by
a provider of a commercial mobile radio service or a commercial
mobile data service at the direction of such owner or other
person, solely in order to enable such owner or a family member
of such owner to connect to a wireless telecommunications
network, when such connection is authorized by the operator of
such network.
(2) No bulk unlocking.--Nothing in this subsection shall be
construed to permit the unlocking of wireless handsets or other
wireless devices, for the purpose of bulk resale, or to
authorize the Librarian of Congress to authorize circumvention
for such purpose under this Act, title 17, United States Code,
or any other provision of law.
(d) Rule of Construction.--Except as provided in subsection (c),
nothing in this Act alters, or shall be construed to alter, the
authority of the Librarian of Congress under section 1201(a)(1) of
title 17, United States Code.
(e) Definitions.--In this Act:
(1) Commercial mobile data service; commercial mobile radio
service.--The terms ``commercial mobile data service'' and
``commercial mobile radio service'' have the respective
meanings given those terms in section 20.3 of title 47, Code of
Federal Regulations, as in effect on the date of the enactment
of this Act.
(2) Wireless telecommunications network.--The term
``wireless telecommunications network'' means a network used to
provide a commercial mobile radio service or a commercial
mobile data service.
(3) Wireless telephone handsets; wireless devices.--The
terms ``wireless telephone handset'' and ``wireless device''
mean a handset or other device that operates on a wireless
telecommunications network.
Passed the House of Representatives February 25, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Unlocking Consumer Choice and Wireless Competition Act - Repeals a Library of Congress (LOC) rulemaking determination, made upon the recommendation of the Register of Copyrights, regarding the circumvention of technological measures controlling access to copyrighted software on wireless telephone handsets (mobile telephones) for the purpose of connecting to different wireless telecommunications networks (a practice commonly referred to as "unlocking" such devices). Reestablishes, as an exemption to provisions of the Digital Millennium Copyright Act (DMCA) prohibiting such circumvention, a previous LOC rule permitting the use of computer programs, in the form of firmware or software, that enable used wireless telephone handsets to connect to a wireless telecommunications network, when circumvention is initiated by the owner of the copy of such computer program solely to connect to such a network and access to the network is authorized by the network operator, thus permitting unlocked phones. Directs the Librarian of Congress, upon the recommendation of the Register, to determine whether to extend such exemption to include any other category of wireless devices in addition to wireless telephone handsets (e.g., tablets and other mobile broadband-enabled devices). Allows such circumvention (unlocking) to be initiated by the owner of such a device, by another person at the direction of the owner, or by a provider of a commercial mobile radio service or a commercial mobile data service at the direction of such owner or other person, solely in order to enable such owner or a family member of such owner to connect to a wireless telecommunications network, when such connection is authorized by the operator of such network. Prohibits such owner-directed unlocking from being construed to: (1) permit the unlocking of devices for the purpose of bulk resale, or (2) authorize the Librarian to authorize circumvention for such purpose. | {"src": "billsum_train", "title": "Unlocking Consumer Choice and Wireless Competition Act"} | 1,045 | 411 | 0.620369 | 1.967193 | 0.834849 | 4.357988 | 2.736686 | 0.849112 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Health Regional Centers
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Until recently, women have been excluded from most
clinical trials for treatments for cancer, heart disease, and
stroke, despite the fact that women react differently from men
to many treatments for these and other diseases.
(2) Historically, little research money has been devoted to
diseases that primarily afflict women, such as osteoporosis,
breast cancer, and multiple sclerosis.
(3) The American medical education system has not trained
physicians and other health care professionals for women's
health needs. A major barrier to change is the absence of an
appropriate curriculum on women's health. Another barrier to
change has been the significant underrepresentation of women in
senior ranks of academic medicine. As long as this void in
women leaders is allowed to continue, women's health issues
will not gain the appropriate attention within the medical
community.
(4) The establishment of the Office of Research on Women's
Health at the National Institutes of Health is vital to
addressing the necessary research for diseases and health
conditions that affect women. However, there is currently no
means by which to translate this new research into improved
physician education and patient care.
(5) The Federal Government should develop regional
education and treatment centers on women's health to
disseminate the information made available by the National
Institutes of Health and other Federal research efforts in
women's health.
SEC. 3. ESTABLISHMENT OF PROGRAM FOR MULTIPURPOSE REGIONAL CENTERS ON
WOMEN'S HEALTH.
Part F of title IV of the Public Health Service Act (42 U.S.C. 287d
et seq.) is amended by adding at the end the following section:
``SEC. 486C. MULTIPURPOSE REGIONAL CENTERS ON WOMEN'S HEALTH.
``(a) In General.--The Director of NIH, in consultation with the
Director of the Office, shall make grants to, or enter into contracts
with, public or nonprofit private entities for the development and
operation of centers to carry out the activities described in
subsection (c) regarding women's health conditions.
``(b) Number of Centers; Regional Considerations.--The Director of
NIH shall, subject to the extent of amounts made available in
appropriations Acts, provide for the development of 5 centers under
subsection (a) and shall ensure, to the extent practicable, that such a
center is developed in each of the principal geographic regions of the
United States.
``(c) Activities of Centers.--
``(1) In general.--With respect to women's health
conditions, each center developed under subsection (a) shall--
``(A) conduct basic research, and clinical and
other applied research;
``(B) develop curricula for training health
professionals and scientists;
``(C) conduct training programs for health
professionals and scientists;
``(D) develop model continuing education programs
for health professionals and scientists;
``(E) disseminate information to health
professionals, scientists, and the public;
``(F) develop model programs for the delivery of
health services to women, including, as appropriate,
programs specific to particular age groups; and
``(G) in the case of women who are in the medical
profession (including women attending schools of
medicine), develop model programs for training the
women in the skills necessary for achieving positions
of leadership in such schools and in academic health
centers.
``(2) Stipends regarding training; fees regarding clinical
research subjects.--A center may use funds provided under
subsection (a) to provide stipends for health professionals and
scientists enrolled in programs described in subparagraph (C)
of paragraph (1), and to provide fees to individuals serving as
subjects in clinical trials conducted under such paragraph.
``(d) Coordination of Information.--The Director of NIH shall, as
appropriate, provide for the coordination of information among the
centers assisted under subsection (a) and among the national research
institutes.
``(e) Structure of Centers.--Each center assisted under subsection
(a) shall use the facilities of a single institution, or be formed from
a consortium of cooperating institutions, meeting such requirements as
may be prescribed by the Director of NIH.
``(f) Duration of Support.--Support of a center under subsection
(a) may be for a period not exceeding 5 years. Such period may be
extended for one or more additional periods not exceeding 5 years if
the operations of such center have been reviewed by an appropriate
technical and scientific peer review group established by the Director
of NIH and if such group has recommended to the Director that such
period should be extended.
``(g) Limitation on Support Per Center.--The Director of NIH may
not, from amounts appropriated under subsection (h), obligate more than
$15,000,000 in the aggregate for the development and operation of a
center under subsection (a).
``(h) Aggregate Authorizations of Appropriations.--For the purpose
of carrying out this section, there is authorized to be appropriated
$60,000,000 in the aggregate for fiscal year 1995 and subsequent fiscal
years.''. | Women's Health Regional Centers Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health to make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to carry out specified activities regarding women's health conditions.
Requires the Director to provide for the development of five centers and to ensure that such a center is developed in each of the principal geographic regions of the United States.
Directs each center to: (1) conduct basic, clinical, and applied research and training programs for health professionals and scientists; (2) devleop curricula and model continuing education programs for training health professionals and scientists and model programs for the delivery of health services to women; (3) disseminate information to health professionals, scientists, and the public; and (4) develop, in the case of women who are in the medical profession, model programs for training such women in the skills necessary for achieving positions of leadership in such schools and in academic health centers.
Sets forth provisions regarding: (1) coordination of information; (2) structure of centers; (3) duration of support; and (4) limits on support.
Authorizes appropriations. | {"src": "billsum_train", "title": "Women's Health Regional Centers Act"} | 1,167 | 252 | 0.617641 | 1.861942 | 0.840933 | 4.657025 | 4.454545 | 0.938017 |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Oil Price Reduction Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Oil producing countries, including the nations of the
Organization of Petroleum Exporting Countries (OPEC), took
concerted actions in March and September of 1999 to cut oil
production and hold back from the market 4,000,000 barrels a
day representing approximately six percent of the global
supply.
(2) OPEC, in its capacity as an oil cartel, has been a
critical factor in driving prices from approximately $11 a
barrel in December 1998 to a high of $30 a barrel in mid-
February 2000, levels not seen since the Persian Gulf Conflict.
(3) On February 10, 2000, a hearing before the Committee on
International Relations of the House of Representatives on
``OPEC and the Northeast Energy Crisis'' clearly demonstrated
that OPEC's goal of reducing its oil stocks was the major
reason behind price increases in heating oil, gasoline, and
diesel oil stocks.
(4) During this hearing, the Assistant Secretary in the
Office of International Affairs of the Department of Energy
noted that artificial supply constraints placed on the market
are ultimately self-defeating in so far as they increase
volatility in the market, lead to boom and bust cycles, and
promote global instability, particularly in developing
countries whose economies are extremely vulnerable to sharp
price increases.
(5) These price increases have caused inflationary shocks
to the United States economy and could threaten the global
economic recovery now underway in Europe and Asia where the
demand of oil is rising.
(6) The transportation infrastructure of the United States
is under stress and tens of thousands of small- to medium-sized
trucking firms throughout the Northeast region are on the verge
of bankruptcy because of the rise in diesel oil prices to more
than $2 per gallon--a 43 percent increase in the Central
Atlantic region and a 55 percent increase in the New England
region--an increase that has had the effect of requiring these
trucking firms to use up to 20 percent of their operating
budgets for the purchase of diesel oil.
(7) Many elderly and retired Americans on fixed incomes
throughout the Northeast region of the United States cannot
afford to pay the prevailing heating oil costs and all too
often are faced with the choice of paying the grocery bills or
staying warm.
(8) Several key oil producing nations relied on the United
States military for their protection in 1990 and 1991,
including during the Persian Gulf Conflict, and these nations
still depend on the United States for their security.
(9) Many of these nations enjoy a close economic and
security relationship with the United States which is a
fundamental underpinning of global security and cooperation.
(10) A continuation of the present policies put in place at
a meeting of OPEC Ministers in March and September of 1999
threatens the relationship that many of the OPEC nations enjoy
with the United States.
SEC. 3. POLICY OF THE UNITED STATES.
(a) Policy With Respect to Oil Exporting Countries.--It shall be
the policy of the United States that its political, economic, and
security relations with countries that are major net oil exporters will
be determined to a great extent by whether such countries engage in oil
price fixing.
(b) Policy With Respect to Oil Importing Countries.--It shall be
the policy of the United States to work multilaterally with other
countries that are major net oil importers to bring about the complete
dismantlement of international oil price fixing arrangements.
SEC. 4. REPORT TO CONGRESS.
Not later than 30 days after the date of enactment of this Act, the
President shall transmit to the Congress a report that contains the
following:
(1) A description of the overall economic and security
relationship between the United States and each country that is
a major net oil exporter, including each country that is a
member of OPEC.
(2) A description of the effect that coordination among the
countries described in paragraph (1) with respect to oil
production and pricing has had on the United States economy and
global energy supplies.
(3) Detailed information on any and all assistance programs
under the Foreign Assistance Act of 1961 and the Arms Export
Control Act, including licenses for the export of defense
articles and defense services under section 38 of such Act,
provided to the countries described in paragraph (1).
(4) A determination made by the President in accordance
with section 5 for each country described in paragraph (1).
SEC. 5. DETERMINATIONS BY THE PRESIDENT OF MAJOR OIL EXPORTING
COUNTRIES ENGAGED IN PRICE FIXING.
The report submitted pursuant to section 4 shall include--
(1) the determination of the President with respect to each
country described in section 4(1) as to whether or not, as of
the date on which the President makes the determination, that
country is engaged in oil price fixing to the detriment of the
United States economy; and
(2) a memorandum of justification with respect to each
determination submitted in accordance with paragraph (1),
including in the case of any determination that a country
described in section 4(1) is not engaged in oil price fixing to
the detriment of the United States economy an explanation
whether that determination rests on a finding that the country
is not engaged in oil price fixing, or a finding that it is
engaged in oil price fixing but that price fixing is not
detrimental to the United States economy.
SEC. 6. REDUCTION, SUSPENSION, OR TERMINATION OF UNITED STATES
ASSISTANCE.
Not later than 10 days after the date on which the President
transmits to the Congress the report pursuant to section 4, the
President shall reduce, suspend, or terminate assistance under the
Foreign Assistance Act of 1961 and the Arms Export Control Act,
including the license for export of defense articles or defense
services under section 38 of such Act, to each country determined by
the President pursuant to section 5 to be engaged in oil price fixing
to the detriment of the United States economy.
SEC. 7. DIPLOMATIC EFFORTS.
(a) Efforts With Respect to Oil Exporting Countries.--It is the
sense of the Congress that the United States should continue to
undertake a concerted diplomatic campaign to convince all countries
that are major net oil exporters that the current oil price levels are
unsustainable and will negatively effect global economic growth rates
in oil consuming and developing countries.
(b) Efforts With Respect to Oil Importing Countries.--It is the
sense of Congress that the United States should undertake a concerted
diplomatic campaign to convince other countries that are major net oil
importers to join in multilateral efforts to bring about the complete
dismantlement of international oil price fixing arrangements.
(c) Report on Diplomatic Efforts.--Not later than 90 days after the
date of enactment of this Act, the President shall transmit to the
Congress a report describing the United States diplomatic efforts
undertaken in accordance with subsection (a) and (b), and the results
achieved by those efforts.
SEC. 7. DEFINITIONS.
In this Act:
(1) Oil price fixing.--The term ``oil price fixing'' means
participation in any agreement, arrangement, or understanding
with other countries that are oil exporters to increase the
price of oil or natural gas by means of, inter alia, limiting
oil or gas production or establishing minimum prices for oil or
gas.
(2) OPEC.--The term ``OPEC'' means the Organization of
Petroleum Exporting Countries. | Directs the President to report to Congress with respect to: (1) the overall economic and security relationship between the United States and each major net oil exporting country (including Organization of Petroleum Exporting Countries (OPEC) countries); (2) the effect that coordination among such countries with respect to oil production and pricing has had on the U.S. economy and global energy supplies; (3) information on all assistance programs under the Foreign Assistance Act of 1961 and the Arms Export Control Act (including licenses for the export of defense articles and defense services) provided to such countries; and (4) whether or not each country is engaging in oil price fixing to the detriment of the U.S. economy.
Requires the President, pursuant to such report, to reduce, suspend, or terminate such assistance to each country determined by the President to be engaged in oil price fixing to the detriment of the U.S. economy.
Expresses the sense of Congress that the United States should continue to undertake a diplomatic campaign to convince: (1) all major net oil exporting countries that the current oil price levels are unsustainable and will negatively affect global economic growth rates in oil consuming and developing countries; and (2) other major net oil importing countries to join in multilateral efforts to bring about the complete dismantlement of international oil price fixing arrangements. Requires the President to report to Congress with respect to such diplomatic efforts. | {"src": "billsum_train", "title": "Oil Price Reduction Act of 2000"} | 1,620 | 293 | 0.394343 | 1.281841 | 0.664905 | 4.62963 | 5.722222 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Over-Criminalization Act of
2015''.
SEC. 2. PURPOSE.
The purpose of this Act is to reduce the size, scope and complexity
of the Federal criminal code. In order to ensure that honest mistakes
by individuals who are not morally blameworthy do not result in
criminal charges, the Act establishes a default criminal state of mind
requirement for all Federal criminal offenses, and allows a mistake of
law defense for situations in which the defendant did not know, and a
reasonable person would not have known, that the action was a crime.
Currently, Federal crimes, including executive rules that carry
criminal penalties are scattered throughout the Federal code and
register. To enable all Americans to access and view Federal crimes,
the Act requires the creation of a Federal inventory that lists all
Federal criminal offenses, including agency rules that define criminal
offenses. To uphold the role of Congress in defining what constitutes a
Federal crime, the Act holds that no rule of the executive branch
defining or establishing a criminal offense shall have force or effect
unless approved by both branches of Congress.
SEC. 3. CLARIFICATION OF DEFAULT MENS REA FOR FEDERAL OFFENSES.
(a) In General.--Chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 28. Default mens rea requirement
``(a) Knowing State of Mind Generally Required.--For the purposes
of a Federal offense, unless otherwise specifically provided in the
provision of law defining the offense, the state of mind required for a
conviction is knowing as to each element of the offense.
``(b) Special Rule for Regulatory and Similar Offenses.--In
addition, in the case of an offense, such as a regulatory offense,
where a defendant might reasonably be unaware the conduct could be
criminally punished, the Government must prove the defendant had reason
to know the defendant's conduct was unlawful.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of title 18, United States Code, is amended by adding at the
end the following new item:
``28. Establishing a default mens rea for Federal offenses.''.
SEC. 4. REQUIRING AN INVENTORY OF ALL FEDERAL CRIMINAL OFFENSES.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530E. Inventory of Federal criminal offenses
``(a) Development and Availability.--
``(1) Initially.--Not later than one year after the
enactment of this section, the Attorney General shall develop
and make available to the public, online and through other
appropriate means, an inventory of all Federal criminal
offenses, including violations of agency rules that carry
criminal penalties.
``(2) Updating.--The Attorney General shall update the
inventory following the subsequent enactment or amendment (or
the creation by agency rulemaking) of any Federal criminal
offenses in order to keep the inventory as up to date as
practicable.
``(b) Prohibition of Prosecution of Non-Inventoried Offenses.--
``(1) Generally.--Except as provided in paragraph (2), it
is a defense against a prosecution for any Federal offense that
the offense is not listed in the inventory as required by this
section.
``(2) Exceptions.--Paragraph (1) does not apply if--
``(A) the Government demonstrates beyond a
reasonable doubt that a reasonable person would have
known the conduct that person engaged in was criminal
in nature; or
``(B) the conduct of the defendant resulted in an
imminent and foreseeable risk of death or bodily injury
to another.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of title 28, United States Code, is amended by adding at the
end the following new item:
``530E. Inventory of Federal criminal offenses.''.
SEC. 5. PRESERVING THE ROLE OF CONGRESS IN DEFINING FEDERAL CRIMES.
(a) In General.--Chapter 8 of title 5, United States Code, is
amended--
(1) by inserting before section 801 the following:
``SUBCHAPTER I--CONGRESSIONAL REVIEW GENERALLY'';
and
(2) by inserting after section 808 the following:
``SUBCHAPTER II--RULES WITH CRIMINAL PENALTIES
``Sec. 811. New rules with criminal penalties
``(a) Limitation on Taking Effect.--A new rule with criminal
penalties shall not take effect except upon the enactment of a joint
resolution under this subchapter, the matter after the resolving clause
of which is as follows: `That Congress approves the rules submitted by
the _______ relating to ______.'. (The blank spaces being appropriately
filled in).
``(b) Proposed Rules To Be Submitted to Congress.--Upon proposing a
rule to which subsection (a) applies, the agency proposing the rule
shall submit to Congress--
``(1) a copy of the rule, a concise general statement
relating to the rule, and the proposed effective date of the
rule;
``(2) a justification for providing criminal penalties,
including--
``(A) an estimate of the number of expected
prosecutions annually over a 10-year period;
``(B) the anticipated cost of prosecuting and
punishing, including by incarceration, offenders;
``(C) a cost-benefit analysis of punishing offenses
as crimes, rather than lesser violations, including the
effect on rule compliance, impact on total Federal
spending, and the impact of incarceration and other
punishments under the rule on communities.
``(3) a criminal rule report for such rule. Such a rule may
not take effect prior to the final disposition date for such
criminal rule report.
``(c) Referral of Submission.--Upon receipt of a submission under
this section, each House of Congress shall provide copies of the
submission to the chairman and ranking member of each standing
committee with the jurisdiction to report a bill to amend the provision
of law under which the rule is issued.
``(d) Deadline for Reporting by Committees.--If, not later than 15
legislative days after the referral in one of the Houses of Congress,
no committee to which a submission is referred under subsection (c)
reports out, either favorably or unfavorably, a joint resolution
approving the rule, the committee to which the submission is referred
is automatically discharged of the resolution of approval.
``(e) House of Representatives.--(1) In the House of
Representatives, after the 15-day period described in subsection (d),
it is at any time in order for a motion to proceed to the consideration
of a joint resolution described in subsection (a).
``(2) In the House of Representatives, all points of order against
a joint resolution described in subsection (a) shall be considered
waived. The joint resolution shall be debatable for one hour equally
divided and controlled by the chairman and ranking minority member of
the committee of referral. The previous question shall be considered as
ordered on the resolution to final passage without intervening motion,
except one motion to recommit without instructions.
``(f) Automatic Discharge.--In the Senate, if the committee to
which is referred a joint resolution described in subsection (a) has
not reported such joint resolution (or an identical joint resolution)
after the 15-day period described in subsection (d), such committee
shall be discharged from further consideration of such joint resolution
and such joint resolution shall be placed on the calendar.
``(g) Motion To Proceed and Debate.--(1) In the Senate, when the
committee to which a joint resolution is referred has reported, or when
a committee is discharged (under subsection (f)) from further
consideration of a joint resolution described in subsection (a), it is
at any time thereafter in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion 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 joint resolution is agreed to, the joint
resolution shall remain the unfinished business of the Senate until
disposed of.
``(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 5 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion further to
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
``(3) In the Senate, immediately following the conclusion of the
debate on a joint 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 Senate, the vote on final passage of the joint
resolution shall occur.
``(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
``(h) Consideration by the Other House.--If, before the passage by
one House of a joint resolution of that House described in subsection
(a), that House receives from the other House a joint resolution
described in subsection (a), then the following procedures shall apply:
``(1) The joint resolution of the other House shall not be
referred to a committee.
``(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
``(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
``(B) the vote on final passage shall be on the
joint resolution of the other House.
``(i) Exercise of Rulemaking Power.--This section is enacted by
Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution 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.
``Sec. 812. Definition
``In this subchapter, the term `new rule with criminal penalties'
means a rule or provision of a rule, or an amendment to such a rule or
provision, that--
``(1) if violated, may be punished by criminal penalties;
and
``(2) is proposed after the date of enactment of this
section.''.
(b) Clerical Amendment.--
(1) References to chapter conformed.--Sections 801 through
808 of such title are amended by striking ``chapter'' each
place such term appears, and inserting ``subchapter''.
(2) Table of sections.--The table of sections for chapter 8
of such title is amended as follows:
(A) before the item pertaining to section 801,
insert the following:
``subchapter i. congressional review generally'';
and
(B) after the item pertaining to section 808,
insert the following:
``subchapter ii. rules with criminal penalties
``811. Agency reviews of rules with criminal penalties.
``812. Definitions.''.
SEC. 6. NONAPPLICATION OF ACT TO UNIFORM CODE OF MILITARY JUSTICE.
Nothing in this Act or any amendment made by this Act applies to
any existing or future statute or regulation enacted in, or prescribed
under, the Uniform Code of Military Justice. | Stopping Over-Criminalization Act of 2015 This bill amends the federal criminal code to establish a default mens rea (guilty mind) standard for a federal criminal offense, unless the provision of law that defines such offense specifically provides otherwise. A federal criminal offense conviction requires proof that a defendant acted knowingly with respect to each element of the offense. If a defendant might lack reasonable awareness that conduct (e.g., a regulatory offense) is criminally punishable, then a conviction requires proof that the defendant had reason to know the conduct was unlawful. Additionally, the bill amends the federal judicial code to: (1) require the Department of Justice to develop, publish, and update an inventory of all federal criminal offenses, including agency rules that carry criminal penalties; and (2) prohibit prosecuting a defendant for a non-inventoried federal offense. Finally, it amends the Congressional Review Act to require congressional approval by joint resolution for a new rule with criminal penalties to take effect. | {"src": "billsum_train", "title": "Stopping Over-Criminalization Act of 2015"} | 2,836 | 219 | 0.575629 | 1.692364 | 0.788911 | 2.365591 | 14.037634 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Access for Treatments
Ideal in Enhancing New Therapies Act of 2015'', or the ``PATIENT Act of
2015''.
SEC. 2. EXTENDED EXCLUSIVITY PERIOD FOR CERTAIN NEW DRUG APPLICATIONS
AND ABBREVIATED NEW DRUG APPLICATIONS.
(a) New Drug Applications.--Section 505(c)(3)(E) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)(3)(E)) is amended by
adding at the end the following new clause:
``(vi) With respect to an application described in clause
(iii) or a supplement to an application described in clause
(iv), the three-year period specified in such clause shall be
extended for an additional 24-month period if the person
submitting such application or supplement provides
documentation to the Secretary demonstrating that--
``(I) the new clinical investigations essential to
the approval of the application or supplement and
conducted or sponsored by the person submitting the
application or supplement support the approval of a new
indication or use for the drug that is the subject of
the application or supplement; or
``(II) the drug that is the subject of the
application or supplement has been reformulated or
redesigned so that the drug can reasonably (as
determined by the Secretary in consultation with the
person submitting such application or supplement) be
expected--
``(aa) to promote greater patient adherence
to an approved treatment regime relative to the
previously approved formulation or design of
the drug;
``(bb) to reduce the public-health risks
associated with the drug relative to the
previously approved formulation or design of
the drug;
``(cc) to reduce the manner or extent of
side effects or adverse events associated with
the previously approved formulation or design
of the drug;
``(dd) to provide systemic benefits to the
health-care system relative to the previously
approved formulation or design of the drug; or
``(ee) to provide other patient benefits
that are comparable to the benefits described
in items (aa) through (dd).''.
(b) Abbreviated New Drug Applications.--Section 505(j)(5)(F) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(F)) is
amended by adding at the end the following new clause:
``(vi) With respect to an application described in clause (iii) or
a supplement to an application described in clause (iv), the three-year
period specified in such clause shall be extended for an additional 24-
month period if the person submitting such application or supplement
provides documentation to the Secretary demonstrating that--
``(I) the new clinical investigations essential to the
approval of the application or supplement and conducted or
sponsored by the person submitting the application or
supplement support the approval of a new indication or use for
the drug that is the subject of the application or supplement;
or
``(II) the drug that is the subject of the application or
supplement has been reformulated or redesigned so that the drug
may reasonably (as determined by the Secretary in consultation
with the person submitting such application or supplement) be
expected--
``(aa) to promote greater patient adherence to an
approved treatment regime relative to the previously
approved formulation or design of the drug;
``(bb) to reduce the public-health risks associated
with the drug relative to the previously approved
formulation or design of the drug;
``(cc) to reduce the manner or extent of side
effects or adverse events associated with the
previously approved formulation or design of the drug;
``(dd) to provide systemic benefits to the health-
care system relative to the previously approved
formulation or design of the drug; or
``(ee) to provide other patient benefits that are
comparable to the benefits described in items (aa)
through (dd).''.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
promulgate final regulations to carry out the amendments made by this
section, including regulations establishing a process under which the
Secretary consults with persons who claim eligibility for the extension
provided by clause (vi) of subsection (c)(3)(E) or (j)(5)(F) of section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) (as
added by subsections (a) and (b)) regarding how the drug that is the
subject of such a claim may reasonably be expected to provide a benefit
described in item (aa), (bb), (cc), (dd), or (ee) of clause (vi)(II) of
each such subsection. | Promoting Access for Treatments Ideal in Enhancing New Therapies Act of 2015 or the PATIENT Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to extend to five years the three-year marketing exclusivity period provided to certain new drugs that include an active ingredient that was already approved by the Food and Drug Administration. A drug is provided this extended exclusivity period if it is approved for a new indication or use, or the drug has been reformulated or redesigned to: promote greater patient adherence to an approved treatment regime, reduce the public health risks associated with the drug, reduce side effects or adverse events, provide benefits to the health-care system, or provide other comparable patient benefits. | {"src": "billsum_train", "title": "PATIENT Act of 2015"} | 1,083 | 152 | 0.587355 | 1.76698 | 0.754947 | 3.166667 | 7.094203 | 0.876812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Authority to Schools Act
of 2004''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to restore authority to the public schools to conduct
education as a human enterprise;
(2) to limit Federal court oversight of public schools to
that which is reasonable and necessary to implement Federal
law; and
(3) to allow State and local education officials to bring
new insights and solutions to problems of allocating revenues
and resources for the common good in keeping with their
designated legislative and executive powers.
SEC. 3. APPROPRIATE REMEDIES WITH RESPECT TO VIOLATIONS OF FEDERAL LAW
IN THE PUBLIC SCHOOLS.
(a) Requirements for Relief.--
(1) Prospective relief.--
(A) Prospective relief in any civil action with
respect to violations of Federal law in the public
schools shall extend no further than necessary to
correct the violation of the Federal right of a
particular plaintiff or plaintiffs. The court shall not
grant or approve any prospective relief unless the
court finds that such relief is narrowly drawn, extends
no further than necessary to correct the violation of
the Federal right, and is the least intrusive means
necessary to correct the violation of the Federal
right. The court shall give substantial weight to any
adverse impact on other students or the school
community as a whole caused by the relief.
(B) The court shall not order any prospective
relief that requires or permits a government official
to exceed his or her authority under State or local law
or otherwise violates State or local law, unless--
(i) Federal law requires such relief to be
ordered in violation of State or local law;
(ii) the relief is necessary to correct the
violation of a Federal right; and
(iii) no other relief will correct the
violation of the Federal right.
(2) Preliminary injunctive relief.--In any civil action
with respect to violations of Federal law in the public
schools, to the extent otherwise authorized by law, the court
may enter a temporary restraining order or an order for
preliminary injunctive relief. Preliminary injunctive relief
must be narrowly drawn, extend no further than necessary to
correct the harm the court finds requires preliminary relief,
and be the least intrusive means necessary to correct that
harm. The court shall give substantial weight to any adverse
impact on other students or the school community as a whole
caused by the preliminary relief and shall respect the
principles of comity set out in paragraph (1)(B) in tailoring
any preliminary relief. Preliminary injunctive relief shall
automatically expire on the date that is 90 days after its
entry, unless the court makes the findings required under
subsection (a)(1) for the entry of prospective relief and makes
the order final before the expiration of the 90-day period.
(b) Termination of Relief.--
(1) Termination of prospective relief.--
(A) In any civil action with respect to violations
of Federal law in the public schools in which
prospective relief is ordered, such relief shall be
terminable upon the motion of any party or intervener--
(i) 2 years after the date the court
granted or approved the prospective relief;
(ii) 1 year after the date the court has
entered an order denying termination of
prospective relief under this paragraph; or
(iii) in the case of an order issued on or
before the date of enactment of the Restoring
Authority to Schools Act (enacted ____ __,
2004), 2 years after such date of enactment.
(B) Nothing in this section shall prevent the
parties from agreeing to terminate or modify relief
before the relief is terminated under subparagraph (A).
(2) Immediate termination of prospective relief.--In any
civil action with respect to violations of Federal law in the
public schools, a defendant or intervener shall be entitled to
the immediate termination of any prospective relief if the
relief was approved or granted in the absence of a finding by
the court that the relief is narrowly drawn, extends no further
than necessary to correct the violation of the Federal right,
and is the least intrusive means necessary to correct the
violation of the Federal right.
(3) Limitation.--Prospective relief shall not terminate if
the court makes written findings based on the record that
prospective relief remains necessary to correct a current and
ongoing violation of the Federal right, extends no further than
necessary to correct the violation of the Federal right, and
that the prospective relief is narrowly drawn and the least
intrusive means to correct the violation.
(4) Termination or modification of relief.--Nothing in this
section shall prevent any party or intervener from seeking
modification or termination before the relief is terminable
under paragraph (1) or (2), to the extent that modification or
termination would otherwise be legally permissible.
(c) Settlements.--
(1) Consent decrees.--In any civil action with respect to
violations of Federal law in the public schools, the court
shall not enter or approve a consent decree unless it complies
with the limitations on relief set forth in subsection (a).
(2) Private settlement agreements.--
(A) Nothing in this section shall preclude parties
from entering into a private settlement agreement that
does not comply with the limitations on relief set
forth in subsection (a), if the terms of that agreement
are not subject to court enforcement other than the
reinstatement of the civil proceeding that the
agreement settled.
(B) Nothing in this section shall preclude any
party claiming that a private settlement agreement has
been breached from seeking in State court any remedy
available under State law.
(d) State Law Remedies.--The limitations on remedies in this
section shall not apply to relief entered by a State court based solely
upon claims arising under State law.
(e) Procedure for Motions Affecting Prospective Relief.--
(1) Generally.--The court shall promptly rule on any motion
to modify or terminate prospective relief in a civil action
with respect to violations of Federal law in the public
schools. Mandamus shall lie to remedy any failure to issue a
prompt ruling on such a motion.
(2) Automatic stay.--Any motion to modify or terminate
prospective relief made under subsection (b) shall operate as a
stay during the period--
(A)(i) beginning on the 30th day after such motion
is filed, in the case of a motion made under paragraph
(1) or (2) of subsection (b); or
(ii) beginning on the 180th day after such motion
is filed, in the case of a motion made under any other
law; and
(B) ending on the date the court enters a final
order ruling on the motion.
(3) Postponement of automatic stay.--The court may postpone
the effective date of an automatic stay specified in subsection
(e)(2)(A) for not more than 60 days for good cause. No
postponement shall be permissible because of general congestion
of the court's calendar.
(4) Order blocking the automatic stay.--Any order staying,
suspending, delaying, or barring the operation of the automatic
stay described in paragraph (2) (other than an order to
postpone the effective date of the automatic stay under
paragraph (3)) shall be treated as an order refusing to
dissolve or modify an injunction and shall be appealable
pursuant to section 1292(a)(1) of title 28, United States Code,
regardless of how the order is styled or whether the order is
termed a preliminary or a final ruling.
(f) Special Masters.--
(1) In general.--
(A) In any civil action in a Federal court with
respect to violations of Federal law in the public
schools, the court may appoint a special master who
shall be disinterested and objective and who will give
due regard to balancing the needs of the school
community as a whole against the requested relief, to
conduct hearings on the record and prepare proposed
findings of fact.
(B) The court shall appoint a special master under
this subsection during the remedial phase of the action
only upon a finding that the remedial phase will be
sufficiently complex to warrant the appointment.
(2) Appointment.--
(A) If the court determines that the appointment of
a special master is necessary, the court shall request
that the defendant State officials and the plaintiff
each submit a list of not more than 5 persons to serve
as a special master.
(B) Each party shall have the opportunity to remove
up to 3 persons from the opposing party's list.
(C) The court shall select the master from the
persons remaining on the list after the operation of
subparagraph (B).
(3) Interlocutory appeal.--Any party shall have the right
to an interlocutory appeal of the judge's selection of the
special master under this subsection, on the ground of
partiality.
(4) Compensation.--The compensation to be allowed to a
special master under this section shall be based on an hourly
rate not greater than the hourly rate established under section
3006A for payment of court-appointed counsel, plus costs
reasonably incurred by the special master. Such compensation
and costs shall be paid with funds appropriated to the
Judiciary.
(5) Regular review of appointment.--In any civil action
with respect to violations of Federal law in the public schools
in which a special master is appointed under this subsection,
the court shall review the appointment of the special master
every 6 months to determine whether the services of the special
master continue to be required under paragraph (1). In no event
shall the appointment of a special master extend beyond the
termination of the relief.
(6) Limitations on powers and duties.--A special master
appointed under this subsection--
(A) may be authorized by a court to conduct
hearings and prepare proposed findings of fact, which
shall be made on the record;
(B) shall not make any findings or communications
ex parte;
(C) may be authorized by a court to assist in the
development of remedial plans; and
(D) may be removed at any time, but shall be
relieved of the appointment upon the termination of
relief.
(g) Definitions.--As used in this section--
(1) the term ``consent decree'' means any relief entered by
the court that is based in whole or in part upon the consent or
acquiescence of the parties, but does not include private
settlements;
(2) the term ``civil action with respect to violations of
Federal law in the public schools'' means any civil proceeding
arising under Federal law with respect to any aspect of
operation of the public schools or the provision of public
education, including extra curricular and ancillary activities,
but does not include civil proceedings relating to
desegregation of the public schools;
(3) the term ``public schools'' means a public elementary
or secondary school as such terms are defined in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. Sec. 7801);
(4) the term ``private settlement agreement'' means an
agreement entered into among the parties that is not subject to
judicial enforcement other than the reinstatement of the civil
proceeding that the agreement settled;
(5) the term ``prospective relief'' means all relief other
than compensatory monetary damages;
(6) the term ``special master'' means any person appointed
by a Federal court pursuant to Rule 53 of the Federal Rules of
Civil Procedure or pursuant to any inherent power of the court
to exercise the powers of a master, regardless of the title or
description given by the court; and
(7) the term ``relief'' means all relief in any form that
may be granted or approved by the court, and includes consent
decrees but does not include private settlement agreements. | Restoring Authority to Schools Act of 2004 - Requires prospective relief in any civil action for violations of Federal law in public schools to be narrowly drawn, to extend no further than necessary, and to reflect the least intrusive means necessary to correct the violation. Requires the court to give substantial weight to any adverse impact on other students or the school community caused by such relief.
Prohibits the court from ordering prospective relief that requires or permits government officials to exceed their authority under State or local law or otherwise violates such law unless Federal law so requires, the relief is necessary, and no other relief will correct the violation.
Authorizes the court to enter a temporary restraining order or an order for preliminary injunctive relief with respect to violations of Federal law in public schools to the extent otherwise authorized by law if the order complies with the limitations on prospective relief set forth in this Act.
Requires the termination of prospective relief upon the motion of any party or intervener at specified times. Entitles defendants or interveners to the immediate termination of such relief if it was approved or granted in the absence of a finding that the limitations set forth in this Act were met.
Prohibits the court from entering or approving a consent decree absent compliance with such limitations.
Sets forth procedures for motions affecting prospective relief.
Authorizes the court to appoint a special master in those civil actions addressed by this Act. | {"src": "billsum_train", "title": "A bill entitled the \"Restoring Authority to Schools Act of 2004\"."} | 2,541 | 315 | 0.677977 | 2.107487 | 1.005641 | 3.782772 | 9.082397 | 0.921348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefits Protection
Act of 2003''.
SEC. 2. ENTITLEMENT TO BENEFITS FOR MONTH OF BENEFICIARY'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of the
Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of the Social Security
Act (42 U.S.C. 402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of the
Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of the Social
Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social
Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: she remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries,''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social
Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: he remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which he dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
the Social Security Act (42 U.S.C. 402(g)(1)) is amended, in the matter
following subparagraph (F)--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending''; and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social
Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: such parent dies, marries,'' in the matter following
subparagraph (E) and inserting ``ending with the month in which such
parent dies or (if earlier) with the month preceding the first month in
which any of the following occurs: such parent marries''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of the Social
Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with
the month preceding whichever of the following months is the earliest:
the month in which he dies,'' in the matter following subparagraph (D)
and inserting the following: ``ending with the month in which he dies
or (if earlier) with whichever of the following months is the
earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by
striking ``the month preceding'' in the matter following paragraph (4).
(k) Exemption From Maximum Benefit Cap.--Section 203 of the Social
Security Act (42 U.S.C. 403) is amended by adding at the end the
following:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to monthly
benefits received under section 202, 223, or 228 for the month in which
the individual entitled to those benefits dies.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the month in which this Act is enacted. | Social Security Benefits Protection Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death, without affecting any other person's entitlement to benefits for that month. Disregards benefits received for the month in which the individual dies for purposes of the maximum benefit cap. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies, and for other purposes."} | 1,543 | 95 | 0.508324 | 1.249411 | 0.191061 | 2.194805 | 15.649351 | 0.844156 |
SECTION 1. LIMITATION ON PUERTO RICO AND POSSESSION TAX CREDIT.
(a) General Rule.--Section 936 of the Internal Revenue Code of 1986
(relating to Puerto Rico and possession tax credit) is amended by
adding at the end thereof the following new subsection:
``(i) Denial of Credit for Income Attributable to Runaway Plants.--
``(1) In general.--
``(A) Income attributable to shareholders.--The
runaway plant income of a corporation electing the
application of this section for any taxable year
(hereinafter in this subsection referred to as the
`electing corporation') shall be included on a pro rata
basis in the gross income of all shareholders of such
electing corporation at the close of the taxable year
of such electing corporation as income from sources
within the United States for the taxable year of such
shareholder in which or with which the taxable year of
such electing corporation ends.
``(B) Exclusion from the income of an electing
corporation.--The taxable income of an electing
corporation shall be reduced by the amount which is
included in the gross income of a shareholder of such
corporation by reason of subparagraph (A).
``(2) Foreign shareholders; shareholders not subject to
tax.--
``(A) In general.--Paragraph (1)(A) shall not apply
with respect to any shareholder--
``(i) who is not a United States person, or
``(ii) who is not subject to tax under this
title on runaway plant income which would be
allocated to such shareholder (but for this
subparagraph).
``(B) Treatment of nonallocated runaway plant
income.--For purposes of this subtitle, runaway plant
income of an electing corporation which is not included
in the gross income of a shareholder of such
corporation by reason of subparagraph (A) shall be
treated as taxable income from sources within the
United States.
``(3) Exclusion of income for qualification tests.--Any
gross income taken into account in determining the amount of
the runaway plant income of any electing corporation shall not
be taken into account for purposes of subsection (a)(2).
``(4) Runaway plant income.--For purposes of this
subsection, the term `runaway plant income' means the portion
of the taxable income of the electing corporation which is
attributable to a disqualified facility.
``(5) Disqualified facility.--For purposes of this
subsection--
``(A) In general.--The term `disqualified facility'
means any facility at which operations are commenced
with respect to the electing corporation after March 3,
1993 unless--
``(i) the Secretary determines that
operations at such facility--
``(I) will not result in a
substantial adverse effect on the level
of employment at any facility in the
United States operated by the electing
corporation or a person related to the
electing corporation, and
``(II) will not result in such an
effect with respect to any other
facility in the United States on
account of changes in a supplier
relationship to the electing
corporation or a person related to the
electing corporation, and
``(ii) the electing corporation files a
request with the Secretary for a determination
under clause (i) on or before the earlier of--
``(I) the day 90 days after the
date on which an application is
submitted to the possession for tax
incentives for such facility, or
``(II) the day 1 year before the
date on which operations at such
facility commence.
The Secretary may treat a request not filed before the
time required under clause (ii) as timely filed if the
Secretary determines that there was reasonable cause
for not filing the request before the time required.
``(B) Certain revocations required.--
``(i) In general.--The Secretary shall
revoke a determination under subparagraph
(A)(i) at any time before the close of the 3-
year period beginning on the date on which
operations at the facility commenced if the
Secretary determines that, on the basis of the
facts and circumstances then known, the
requirements of subparagraph (A)(i) are not
satisfied.
``(ii) Misrepresentations, etc.--The
Secretary shall, at any time, revoke a
determination under subparagraph (A)(i) if, in
connection with the request for such
determination, there was a misrepresentation
with respect to (or a failure to disclose) any
material information by the electing
corporation or a related person.
``(iii) Revocations retroactive.--If any
determination is revoked under this
subparagraph, this subsection (other than
paragraph (8) thereof) shall be applied as if
such determination had never been made.
``(C) Opportunity for public comment.--No
determination may be made under subparagraph (A)(i)
unless the Secretary allows an opportunity for public
comment on the request for such determination.
``(6) Expansions treated as separate facilities.--
``(A) In general.--For purposes of this subsection,
any substantial increase in employment at a facility
shall be treated as a separate facility at which
operations are commenced with respect to the electing
corporation as of the date of such increase.
``(B) Substantial increase in employment.--For
purposes of subparagraph (A), there shall be deemed to
be a substantial increase in employment as of any day
at any facility if--
``(i) such day is the last day of a payroll
period and the average number of employees
performing services at such facility during
such period exceeds 110 percent of the average
number of employees performing services at such
facility during the corresponding payroll
period in the preceding calendar year, or
``(ii) there is an expansion in such
facility or the operations at such facility
with respect to which a separate or
supplemental application or other request
relating to tax incentives for such expansion
is made to governmental authorities of the
possession.
Appropriate adjustments in the application of clause
(i) shall be made in the case of employees not
performing services on a full-time basis.
``(7) Special rules.--
``(A) Distributions to meet qualification
standards.--Rules similar to the rules of subsection
(h)(4) shall apply for purposes of this subsection.
``(B) Related person.--For purposes of this
subsection, the rules of subparagraphs (D) and (E) of
subsection (h)(3) shall apply in determining whether
any person is related to the electing corporation.
``(8) Public disclosure.--
``(A) Publication in federal register.--The
Secretary shall publish in the Federal Register--
``(i) a notification of each request for a
determination under paragraph (5)(A)(i), and
``(ii) a notification of the Secretary's
determination in the case of each such request.
``(B) Public inspection of determination.--
``(i) In general.--Notwithstanding section
6103, the text of any determination made by the
Secretary under paragraph (5)(A)(i) and any
background file document relating to such
determination shall be open to public
inspection at such place as the Secretary may
prescribe.
``(ii) Exemptions from disclosure.--Rules
similar to the rules of section 6110(c) (other
than paragraph (1) thereof) shall apply for
purposes of clause (i).
``(iii) Background file document.--For
purposes of this subparagraph, the term
`background file document' has the meaning
given such term by section 6110(b)(2)
determined by treating the determination under
paragraph (2) as a written determination.''
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years ending after March 3, 1993.
(2) Time for filing request.--The time for filing a request
under section 936(i)(5)(A)(ii) shall in no event expire before
the date 90 days after the date of the enactment of this Act. | Amends the Internal Revenue Code to deny the Puerto Rico and possession tax credit to runaway plants (new or newly expanded operations at Puerto Rican or other possession facilities) unless the Secretary of the Treasury determines that such plants will not have a substantial adverse effect on employment at U.S. facilities. Provides a period for public comment prior to the Secretary's determination. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to deny the benefits of the Puerto Rico and possession tax credit in the case of runaway plants."} | 1,810 | 82 | 0.51104 | 1.326885 | -0.016004 | 1.926471 | 23.897059 | 0.779412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs for Veterans Act of 2011''.
SEC. 2. VETERANS BUSINESS CENTER PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended--
(1) in subsection (f), by inserting ``(other than
subsections (g), (h), and (i))'' after ``this section''; and
(2) by adding at the end the following:
``(g) Veterans Business Center Program.--
``(1) In general.--The Administrator shall establish a
Veterans Business Center program within the Administration to
provide entrepreneurial training and counseling to veterans in
accordance with this subsection.
``(2) Director and regional coordinators.--
``(A) Director.--The Administrator shall appoint a
Director of the Veterans Business Center program, who
shall implement and oversee such program and who shall
report directly to the Associate Administrator for
Veterans Business Development.
``(B) Regional coordinators.--The Director may
appoint regional veterans business center coordinators
to oversee and coordinate the efforts of veterans
business centers.
``(3) Designation of veterans business centers.--The
Director shall establish by regulation an application, review,
and notification process to designate entities as veterans
business centers for purposes of this section. The Director
shall make publicly known the designation of an entity as a
veterans business center and the award of a grant to such
center under this subsection.
``(4) Funding for veterans business centers.--
``(A) Initial grants.--The Director is authorized
to make a grant (hereinafter in this subsection
referred to as an `initial grant') to each veterans
business center each year, for not more than 5 years,
in the amount of $200,000.
``(B) Growth funding grants.--After a veterans
business center has received 5 years of initial grants
under subparagraph (A), the Director is authorized to
make a grant (hereinafter in this subsection referred
to as a `growth funding grant') to such center each
year, for not more than 3 years, in the amount of
$150,000. After such center has received 3 years of
growth funding grants, the Director shall require such
center to meet performance benchmarks established by
the Director to be eligible for growth funding grants
in subsequent years.
``(5) Center responsibilities.--Each veterans business
center receiving a grant under this subsection shall use the
funds primarily on veteran entrepreneurial development,
counseling of veteran-owned small businesses through one-on-one
instruction and classes, and providing government procurement
assistance to veterans.
``(6) Matching funds.--Each veterans business center
receiving a grant under this subsection shall be required to
provide a non-Federal match of 50 percent of the Federal funds
such center receives under this subsection. The Director may
issue to a veterans business center, upon request, a waiver of
all or a portion of such matching requirement upon a
determination of hardship. The Director may waive the matching
funds requirement under this paragraph with respect to veterans
business centers that serve communities with a per capita
income that is less than 75 percent of the national per capita
income and an unemployment rate that is at least 150 percent
higher than the national average.
``(7) Targeted areas.--The Director shall give priority to
applications for designations and grants under this subsection
that will establish a veterans business center in a geographic
area, as determined by the Director, that is not currently
served by a veterans business center and in which--
``(A) the population of veterans exceeds the
national median of such measure; or
``(B) the population of veterans of Operation
Enduring Freedom, Operation Iraqi Freedom, or Operation
New Dawn exceeds the national median of such measure.
``(8) Training program.--The Director shall develop and
implement, directly or by contract, an annual training program
for the staff and personnel of designated veterans business
centers to provide education, support, and information on best
practices with respect to the establishment and operation of
such centers. The Director shall develop such training program
in consultation with veterans business centers, the interagency
task force established under subsection (c), and veterans
service organizations.
``(9) Inclusion of other organizations in program.--Upon
the date of the enactment of this subsection, each Veterans
Business Outreach Center established by the Administrator under
the authority of section 8(b)(17) and each center that received
funds during fiscal year 2006 from the National Veterans
Business Development Corporation established under section 33
and that remains in operation shall be treated as designated as
a veterans business center for purposes of this subsection and
shall be eligible for grants under this subsection.
``(10) Rural areas.--The Director shall submit annually to
the Administrator a report on whether a sufficient percentage,
as determined by the Director, of veterans in rural areas have
adequate access to a veterans business center. If the Director
submits a report under this paragraph that does not demonstrate
that a sufficient percentage of veterans in rural areas have
adequate access to a veterans business center, the Director
shall give priority during the one-year period following the
date of the submission of such report to applications for
designations and grants under this subsection that will
establish veterans business centers in rural areas.
``(11) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$12,000,000 for fiscal year 2012 and $14,000,000 for fiscal
year 2013.
``(h) Additional Grants Available to Veterans Business Centers.--
``(1) Access to capital grant program.--
``(A) In general.--The Director of the Veterans
Business Center program shall establish a grant program
under which the Director is authorized to make, to
veterans business centers designated under subsection
(g), grants for the following:
``(i) Developing specialized programs to
assist veteran-owned small businesses to secure
capital and repair damaged credit.
``(ii) Providing informational seminars on
securing loans to veteran-owned small
businesses.
``(iii) Providing one-on-one counseling to
veteran-owned small businesses to improve the
financial presentations of such businesses to
lenders.
``(iv) Facilitating the access of veteran-
owned small businesses to both traditional and
non-traditional financing sources.
``(v) Providing one-on-one or group
counseling to owners of small business concerns
who are members of the reserve components of
the Armed Forces, as specified in section 10101
of title 10, United States Code, to assist such
owners to effectively prepare their small
businesses for periods when such owners are
deployed in support of a contingency operation.
``(vi) Developing specialized programs to
assist unemployed veterans to become
entrepreneurs.
``(B) Award size.--The Director may not award to
any one veterans business center more than $75,000 in
grants under this paragraph.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,500,000 for each of fiscal years 2012 and
2013.
``(2) Procurement assistance grant program.--
``(A) In general.--The Director shall establish a
grant program under which the Director is authorized to
make, to veterans business centers designated under
subsection (g), grants for the following:
``(i) Assisting veteran-owned small
businesses to identify contracts that are
suitable to such businesses.
``(ii) Preparing veteran-owned small
businesses to be ready as subcontractors and
prime contractors for contracts made available
through the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) through training
and business advisement, particularly with
respect to the construction trades.
``(iii) Providing veteran-owned small
businesses technical assistance with respect to
the Federal procurement process, including
assisting such businesses to comply with
Federal regulations and bonding requirements.
``(B) Award size.--The Director may not award to
any one veterans business center more than $75,000 in
grants under this paragraph.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,500,000 for each of fiscal years 2012 and
2013.
``(3) Service-disabled veteran-owned small business grant
program.--
``(A) In general.--The Director shall establish a
grant program under which the Director is authorized to
make, to veterans business centers designated under
subsection (g), grants for the following:
``(i) Developing outreach programs for
service-disabled veterans to promote self-
employment opportunities.
``(ii) Providing training to service-
disabled veterans with respect to business plan
development, marketing, budgeting, accounting,
and merchandising.
``(iii) Assisting service-disabled veteran-
owned small businesses to locate and secure
business opportunities.
``(B) Award size.--The Director may not award to
any one veterans business center more than $75,000 in
grants under this paragraph.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,500,000 for each of fiscal years 2012 and
2013.
``(i) Veterans Entrepreneurial Development Summit.--
``(1) In general.--The Director of the Veterans Business
Center program is authorized to carry out an event, once every
2 years, for the purpose of providing networking opportunities,
outreach, education, training, and support to veterans business
centers funded under this section, veteran-owned small
businesses, veterans service organizations, and other entities
as determined appropriate for inclusion by the Director. Such
event shall include education and training with respect to
improving outreach to veterans in areas of high unemployment.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $450,000 for
fiscal years 2012 and 2013.
``(j) Inclusion of Surviving Spouses.--For purposes of subsections
(g), (h), and (i) the following apply:
``(1) The term `veteran' includes a surviving spouse of the
following:
``(A) A member of the Armed Forces, including a
reserve component thereof.
``(B) A veteran.
``(2) The term `veteran-owned small business' includes a
small business owned by a surviving spouse of the following:
``(A) A member of the Armed Forces, including a
reserve component thereof.
``(B) A veteran.
``(k) Inclusion of Reserve Components.--For purposes of subsections
(g), (h), and (i) the following apply:
``(1) The term `veteran' includes a member of the reserve
components of the Armed Forces as specified in section 10101 of
title 10, United States Code.
``(2) The term `veteran-owned small business' includes a
small business owned by a member of the reserve components of
the Armed Forces as specified in section 10101 of title 10,
United States Code.''.
SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE.
Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is
amended by adding at the end the following:
``(4) Report.--The Administrator shall submit to Congress
biannually a report on the appointments made to and activities
of the task force.''.
SEC. 4. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY VETERANS.
The Comptroller General shall carry out a study on the effects of
this Act and the amendments made by this Act on small business concerns
owned and controlled by veterans and shall submit to Congress a report
on the results of such study. Such report shall include the
recommendations of the Comptroller General with respect to how this Act
and the amendments made by this Act may be implemented to more
effectively serve small business concerns owned and controlled by
veterans. | Jobs for Veterans Act of 2011 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish within the SBA a Veterans Business Center program (program), headed by a Director, to provide entrepreneurial training and counseling to veterans. Authorizes the Director to make grants to each entity designated as a veterans business center. Requires each center to use such funds on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans.
Targets populations where veterans and veterans of Operations Iraqi Freedom. Enduring Freedom, or New Dawn exceed the national median.
Requires the Director to establish, with respect to veteran-owned small businesses, grant programs for: (1) access to capital; (2) procurement assistance; and (3) service-disabled veteran-owned small businesses.
Authorizes the Director to carry out, every two years, a veterans entrepreneurial development summit.
Requires: (1) an annual report from the Administrator on appointments made to, and activities of, the interagency task force on veteran-owned small businesses; and (2) a study by the Comptroller General of the effects of this Act on small businesses owned and controlled by veterans. | {"src": "billsum_train", "title": "To amend the Small Business Act to establish a Veterans Business Center program, and for other purposes."} | 2,624 | 270 | 0.627422 | 1.787995 | 0.811226 | 3.710843 | 9.971888 | 0.931727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Carriage of International Mail
Act''.
SEC. 2. AIR CARRIAGE OF INTERNATIONAL MAIL.
(a) Contracting Authority.--Section 5402 of title 39, United States
Code, is amended by striking subsections (b) and (c) and inserting the
following:
``(b) International Mail.--
``(1) In general.--
``(A) Except as otherwise provided in this subsection, the
Postal Service may contract for the transportation of mail by
aircraft between any of the points in foreign air
transportation only with certificated air carriers. A contract
may be awarded to a certificated air carrier to transport mail
by air between any of the points in foreign air transportation
that the Secretary of Transportation has authorized the carrier
to serve either directly or through a code-share relationship
with one or more foreign air carriers.
``(B) If the Postal Service has sought offers or proposals
from certificated air carriers to transport mail in foreign air
transportation between points, or pairs of points within a
geographic region or regions, and has not received offers or
proposals that meet Postal Service requirements at a fair and
reasonable price from at least 2 such carriers, the Postal
Service may seek offers or proposals from foreign air carriers.
Where service in foreign air transportation meeting the Postal
Service's requirements is unavailable at a fair and reasonable
price from at least 2 certificated air carriers, either
directly or through a code-share relationship with one or more
foreign air carriers, the Postal Service may contract with
foreign air carriers to provide the service sought if, when the
Postal Service seeks offers or proposals from foreign air
carriers, it also seeks an offer or proposal to provide that
service from any certificated air carrier providing service
between those points, or pairs of points within a geographic
region or regions, on the same terms and conditions that are
being sought from foreign air carriers.
``(C) For purposes of this subsection, the Postal Service
shall use a methodology for determining fair and reasonable
prices for the Postal Service designated region or regions
developed in consultation with, and with the concurrence of,
certificated air carriers representing at least 51 percent of
available ton miles in the markets of interest.
``(D) For purposes of this subsection, ceiling prices
determined pursuant to the methodology used under subparagraph
(C) shall be presumed to be fair and reasonable if they do not
exceed the ceiling prices derived from--
``(i) a weighted average based on market rate data
furnished by the International Air Transport Association or
a subsidiary unit thereof; or
``(ii) if such data are not available from those
sources, such other neutral, regularly updated set of
weighted average market rates as the Postal Service, with
the concurrence of certificated air carriers representing
at least 51 percent of available ton miles in the markets
of interest, may designate.
``(E) If, for purposes of subparagraph (D)(ii), concurrence
cannot be attained, then the most recently available market
rate data described in this subparagraph shall continue to
apply for the relevant market or markets.
``(2) Contract process.--The Postal Service shall contract for
foreign air transportation as set forth in paragraph (1) through an
open procurement process that will provide--
``(A) potential offerors with timely notice of business
opportunities in sufficient detail to allow them to make a
proposal;
``(B) requirements, proposed terms and conditions, and
evaluation criteria to potential offerors; and
``(C) an opportunity for unsuccessful offerors to receive
prompt feedback upon request.
``(3) Emergency or unanticipated conditions; inadequate lift
space.--The Postal Service may enter into contracts to transport
mail by air in foreign air transportation with a certificated air
carrier or a foreign air carrier without complying with the
requirements of paragraphs (b)(1) and (2) if--
``(A) emergency or unanticipated conditions exist that make
it impractical for the Postal Service to comply with such
requirements; or
``(B) its demand for lift exceeds the space available to it
under existing contracts and--
``(i) there is insufficient time available to seek
additional lift using procedures that comply with those
requirements without compromising the Postal Service's
service commitments to its own customers; and
``(ii) the Postal Service first offers any certificated
air carrier holding a contract to carry mail between the
relevant points the opportunity to carry such excess
volumes under the terms of its existing contract.
``(c) Good Faith Effort Required.--The Postal Service and potential
offerors shall put a good-faith effort into resolving disputes
concerning the award of contracts made under subsection (b).''.
(b) Conforming Amendments to Title 49.--
(1) Section 41901(a) is amended by striking ``39.'' and
inserting ``39, and in foreign air transportation under section
5402(b) and (c) of title 39.''.
(2) Section 41901(b)(1) is amended by striking ``in foreign air
transportation or''.
(3) Section 41902 is amended--
(A) by striking ``in foreign air transportation or'' in
subsection (a);
(B) by striking subsection (b) and inserting the following:
``(b) Statements on Places and Schedules.--Every air carrier shall
file with the United States Postal Service a statement showing--
``(1) the places between which the carrier is authorized to
transport mail in Alaska;
``(2) every schedule of aircraft regularly operated by the
carrier between places described in paragraph (1) and every change
in each schedule; and
``(3) for each schedule, the places served by the carrier and
the time of arrival at, and departure from, each such place.'';
(C) by striking ``subsection (b)(3)'' each place it appears
in subsections (c)(1) and (d) and inserting ``subsection
(b)(2)''; and
(D) by striking subsections (e) and (f).
(4) Section 41903 is amended by striking ``in foreign air
transportation or'' each place it appears.
(5) Section 41904 is amended--
(A) by striking ``to or in foreign countries'' in the
section heading;
(B) by striking ``to or in a foreign country'' and
inserting ``between two points outside the United States''; and
(C) by inserting after ``transportation.'' the following:
``Nothing in this section shall affect the authority of the
Postal Service to make arrangements with noncitizens for the
carriage of mail in foreign air transportation under
subsections 5402(b) and (c) of title 39.''.
(6) Section 41910 is amended by striking the first sentence and
inserting ``The United States Postal Service may weigh mail
transported by aircraft between places in Alaska and make
statistical and -administrative computations necessary in the
interest of mail service.''.
(7) Chapter 419 is amended--
(A) by striking sections 41905, 41907, 41908, and 41911;
and
(B) redesignating sections 41906, 41909, 41910, and 49112
as sections 41905, 41906, 41907, and 41908, respectively.
(8) The chapter analysis for chapter 419 is amended by
redesignating the items relating to sections 41906, 41909, 41910,
and 49112 as relating to sections 41905, 41906, 41907, and 41908,
respectively.
(9) Section 101(f) of title 39, United States Code, is amended
by striking ``mail and shall make a fair and equitable distribution
of mail business to carriers providing similar modes of
transportation services to the Postal Service.'' and inserting
``mail.''.
(10) Subsections (b) and (c) of section 3401 of title 39,
United States Code, are amended--
(A) by striking ``at rates fixed and determined by the
Secretary of Transportation in accordance with section 41901 of
title 49'' and inserting ``or, for carriage of mail in foreign
air transportation, other air carriers, air taxi operators or
foreign air carriers as permitted by section 5402 of this
title'';
(B) by striking ``at rates not to exceed those so fixed and
determined for scheduled United States air carriers'';
(C) by striking ``scheduled'' each place it appears and
inserting ``certificated''; and
(D) by striking the last sentence in each such subsection.
(11) Section 5402(a) of title 39, United States Code, is
amended--
(A) by inserting ```foreign air carrier'.'' after
```interstate air transportation','' in paragraph (2);
(B) by redesignating paragraphs (7) through (23) as
paragraphs (8) through (24) and inserting after paragraph (6)
the following:
``(7) the term `certificated air carrier' means an air carrier
that holds a certificate of public convenience and necessity issued
under section 41102(a) of title 49;'';
(C) by redesignating paragraphs (9) through (24), as
redesignated, as paragraphs (10) through (25), respectively,
and inserting after paragraph (8) the following:
``(9) the term `code-share relationship' means a relationship
pursuant to which any certificated air carrier or foreign air
carrier's designation code is used to identify a flight operated by
another air carrier or foreign air carrier;''; and
(D) by inserting ``foreign air carrier,'' after ``terms''
in paragraph (2).
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Air Carriage of International Mail Act - (Sec. 2) Authorizes the U.S. Postal Service to contract, through an open procurement process, for air transportation of mail between foreign points only with certificated air carriers (carriers that hold a certificate of public convenience and necessity issued under specified provisions). Allows a contract to be awarded to transport mail between any foreign points the Secretary of Transportation has authorized the carrier to serve either directly or through a code-share relationship.
Requires that the Postal Service use a method for determining fair and reasonable prices developed in consultation with, and with the concurrence of, certificated air carriers representing at least 51% of available ton miles in the markets of interest. Presumes ceiling prices determined by that method to be fair and reasonable if they do not exceed the ceiling prices derived from a weighted average based on market rate data furnished by the International Air Transport Association (or its subsidiary unit) or such other neutral weighted average market rates as the Postal Service, with the concurrence of such air carriers representing at least 51% of available ton miles, may designate.
Provides for exceptions for emergency or unanticipated conditions or inadequate lift space.
Removes provisions requiring that the Secretary of Transportation set prices to be paid by the Postal Service for the transportation of mail by aircraft in foreign air transportation.
Removes references to foreign air transportation from provisions relating to a duty to provide certain transportation of mail.
Authorizes the Postal Service to weigh mail transported by aircraft between places in Alaska and make statistical and administrative computations necessary in the interest of mail service. (Current law does not restrict that authorization to flights between places in Alaska.)
Removes a requirement that the Postal Service make a fair and equitable distribution of mail business to carriers providing similar modes of transportation.
Modifies provisions regarding the mail of members of the U.S. Armed Forces and of friendly foreign nations. | {"src": "billsum_train", "title": "A bill to amend section 5402 of title 39, United States Code, to modify the authority relating to United States Postal Service air transportation contracts, and for other purposes."} | 2,191 | 421 | 0.692709 | 2.180178 | 0.817612 | 4.254144 | 5.718232 | 0.883978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SBA Emergency Authorization
Extension Act of 2004''.
SEC. 2. SBA PROGRAM AUTHORIZATIONS.
(a) In General.--Section 1 of Public Law 108-172 (117 Stat. 2065)
is amended--
(1) in subsection (a), by striking ``March 15'' each place
that term appears and inserting ``May 15''; and
(2) by adding at the end the following:
``(c) Exception for Other Programs.--Notwithstanding subsection
(a), title V of the Small Business Investment Act of 1958 (15 U.S.C.
661 et seq.) and section 29 of the Small Business Act (15 U.S.C. 656),
including any pilot program, shall remain authorized through September
30, 2004.''.
(b) Conforming Amendment.--Section 503(f) of the Small Business
Investment Act of 1958 (15 U.S.C. 697(f)) is amended by striking
``October 1, 2003'' and inserting ``October 1, 2004''.
SEC. 3. WOMEN'S BUSINESS CENTERS.
(a) In General.--Section 29(k) of the Small Business Act (15 U.S.C.
656(k)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Funding priority.--Subject to available
funds, and reservation of funds, the Administration
shall, for each fiscal year, allocate--
``(i) $150,000 for each women's business
center established under subsection (b), except
for any center that requests a lesser amount;
``(ii) from the remaining funds, not more
than $125,000, in equal amounts, to each
women's business center established under
subsection (l), to the extent such funds are
reserved under subsection (k)(4)(A), except for
any center that requests a lesser amount; and
``(iii) any funds remaining after
allocations are made under clauses (i) and (ii)
to new eligible women's business centers and
eligible women's business centers that did not
receive funding in the prior fiscal year under
subsection (b).''; and
(2) in paragraph (4)(A), by adding at the end the
following:
``(v) For fiscal year 2004, 48 percent.''.
(b) Sunset Date.--The amendments made by this section are repealed
on October 1, 2004.
SEC. 4. 7(A) LOAN GUARANTEE PROGRAM.
(a) Combination Loans.--
(1) In general.--Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended by adding at the end the following:
``(31) Combination loans.--
``(A) Defined term.--As used in this paragraph, the
term `combination loan' means a financing comprised of
a loan guaranteed under this subsection and a loan not
guaranteed by Federal, State, or local government.
``(B) Authority.--
``(i) In general.--A small business concern
may combine a loan guaranteed under this
subsection with a loan that is not guaranteed
by Federal, State, or local government.
``(ii) Lender.--The nonguaranteed loan
under clause (i) may be made by--
``(I) the lender that provided the
financing under this subsection or a
different lender; or
``(II) a lender in the Preferred
Lenders Program.
``(iii) Security.--The nonguaranteed loan
under clause (i) may be secured by a senior
lien and the guaranteed loan under this
subsection may be secured by a subordinated lien.
``(iv) Application.--A loan guarantee under
this subsection on behalf of a small business
concern, which is approved within 120 days of
the date on which a nonguaranteed loan is
obtained by the same small business concern,
shall be subject to the provisions of this
paragraph.
``(C) Fee on combination loan.--The lender shall
pay a one-time fee of 0.5 percent of the amount of the
nonguaranteed loan if the nonguaranteed portion of the
loan has a senior credit position to the guaranteed
portion of the loan. This fee shall be in addition to
any other lender fees and shall not be charged to the
borrower.
``(D) Loan size.--
``(i) Preferred lenders program.--If the
loan guaranteed under this subsection is
processed under delegated authority under the
Preferred Lenders Program, the maximum amount
of the nonguaranteed loan may not exceed--
``(I) $1,000,000; or
``(II) a combination of $2,000,000
gross loan amount of a loan guaranteed
by the Administration and an additional
nonguaranteed loan of $1,000,000.
``(ii) Small business administration.--If
the loan guaranteed under this subsection is
processed and approved by Administration staff,
the amount of the nonguaranteed loan may not
exceed--
``(I) $2,000,000; or
``(II) a combination of $2,000,000
gross loan amount of a loan guaranteed
by the Administration and an additional
nonguaranteed loan of $2,000,000.
``(E) Use of proceeds.--All proceeds from the fee
collected under this subparagraph shall be used to
offset the cost (as defined in section 502 of the
Credit Reform Act of 1990) to the Administration of
guaranteeing loans under this subsection.''.
(b) Termination of Lender Authority to Retain Guarantee Fees.--
Section 7(a)(18)(B) of the Small Business Act (15 U.S.C. 636(a)(18)(B))
is amended to read as follows:
``(B) Retention of certain fees.--
``(i) In general.--Except as provided under
clause (ii), lenders participating in the
programs established under this subsection may
retain not more than 25 percent of a fee
collected under subparagraph (A)(i).
``(ii) Fiscal year 2004.--Beginning on the
date of enactment of this clause and ending on
September 30, 2004, the Administration or its
agent shall collect all fees under subparagraph
(A)(i). All proceeds from fees collected under
this paragraph shall be used to offset the cost
(as defined in section 502 of the Credit Reform
Act of 1990) to the Small Business
Administration of guaranteeing loans under this
subsection.''.
(c) Temporary Modification of Annual Lender Fee.--Section 7(a)(23)
of the Small Business Act (15 U.S.C. 636(a)) is amended--
(1) by striking ``0.25 percent'' and inserting ``0.35
percent''; and
(2) by adding at the end the following: ``All proceeds from
the fee collected under this paragraph shall be used to offset
the cost (as defined in section 502 of the Credit Reform Act of
1990) to the Administration of guaranteeing loans under this
subsection.''.
(d) Lifting Loan Restrictions and Priority Processing of Rejected
Applications.--
(1) In general.--The Small Business Administration shall--
(A) eliminate the program restrictions imposed by
policy notices 5000-902 and 0000-1709 to allow for the
processing and approval of loan applications cancelled
or returned because of the program shutdown or
restrictions imposed by policy notices 5000-902, 0000-
1707, or 0000-1709;
(B) permit a small business or lender to resubmit
any loan application that was not considered or
approved because of the program shutdown or
restrictions imposed by policy notices 5000-902, 0000-
1707, or 0000-1709;
(C) give priority to processing any application
submitted before January 8, 2004, that was not
considered because of the program shutdown or loan
restrictions imposed by policy notices 5000-902, 0000-1707, or 0000-
1709;
(D) give priority, to the extent possible, to
approving all eligible loans that were cancelled or
returned because of the program shutdown or
restrictions imposed by policy notices 5000-902, 0000-
1707, or 0000-1709, in the order in which the
applications were originally submitted; and
(E) give priority to processing all eligible loans
to any small business that has received financing under
section 7(a)(14) of the Small Business Act (15 U.S.C.
636(a)(14) and requests a renewal of such financing,
regardless of temporary restrictions imposed by the
Small Business Administration through the policy
notices referred to in this paragraph, and approve such
loans, if the small business is otherwise eligible for
such financing under that section.
(2) Proof of application.--An application shall not be
denied consideration or approval because the Small Business
Administration failed to retain a record of receiving an
application if the lender or borrower supplies proof that the
application was submitted by mail, fax, or electronic means
before January 8, 2004.
(3) Reservation and application of fee proceeds.--All
proceeds from fees authorized under section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) shall be combined with any
amounts appropriated to carry out such section and used--
(A) first, to process and fund loan guarantees
approved pursuant to paragraph (d)(1); and
(B) second, to process and fund other loan
guarantees under section 7(a) of the Small Business
Act.
(4) Notification requirement.--The Small Business
Administration shall not make any significant policy or
administrative changes affecting the operation of the loan
program authorized under section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) unless, not later than 15 business days
before such change, the Administrator of the Small Business
Administration submits, under the Administrator's signature, a
report that specifically describes the proposed changes and the
duration of those changes to--
(A) the chairman and ranking member of the
Committee on Small Business and Entrepreneurship of the
Senate; and
(B) the chairman and ranking member of the
Committee on Small Business of the House of
Representatives.
(e) Sunset Date.--This section and the amendments made by this
section are repealed on October 1, 2004.
SEC. 5. RESUBMISSION OF DISASTER LOAN APPLICATIONS FOR CERTAIN
BUSINESSES.
(a) Resubmission of Applications.--During the 30-day period
beginning on the date of enactment of this Act, a small business
concern may resubmit an application for a loan that was not approved
under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2))
if the following conditions are met:
(1) Original application.--The small business concern
originally submitted an application before January 1, 2003, in
response to the events associated with Small Business
Administration Disaster Declaration 3364.
(2) Location.--On the date of the original submission of
the application and on the date of the resubmission, the
applicant operates a facility in Bronx, Kings, Nassau, New
York, Queens, Richmond, or Westchester county in the State of
New York.
(3) Inability to operate.--Without regard to physical
damage to a facility, the applicant was unable to operate at a
facility because of a prohibition on the use of the facility,
in whole or in part, by an order or other action of a Federal,
State, or local government (or any instrumentality of any of
the foregoing) for 20 or more consecutive days, occurring as a
result of the events associated with Small Business
Administration Disaster Declaration 3364.
(b) Standard for Approval.--The Administrator shall approve
(without regard to any requirements applicable under section 7(b) of
the Small Business Act (15 U.S.C. 636(b))), a loan with respect to any
application resubmitted under subsection (a) if the applicant has a
debt coverage ratio, as attested to by a qualified, independent, third-
party auditor, of not less than 1.15 for the applicant's last taxable
year ending before the date of the submission of the original
application. For purposes of determining the debt coverage ratio under
this subsection, the Administrator shall not take into account any
Federal or State tax lien or obligation other than a judgment lien.
(c) Minimum Loan Amount.--The Administrator shall not approve a
loan under this section for an amount that is less than 80 percent of
the documented losses shown on the application submitted under
subsection (a).
(d) Coordination With Other Loan Limits.--No loan made under this
section shall be taken into account under section 7(b)(3)(E) of the
Small Business Act (15 U.S.C. 636(b)(3)(E)). | SBA Emergency Authorization Extension Act of 2004 - Extends through: (1) May 15 (currently March 15), 2004, any program, authority, or provision, including any pilot program, that is authorized under the Small Business Act or the Small Business Investment Act of 1958 as of September 30, 2003; and (2) FY 2004 the Small Business Administration (SBA) guaranteed loan programs authorized under such Acts.
Amends the Small Business Act with respect to the women's business centers program to provide SBA funding authority for nonprofit organizations conducting projects for the benefit of small businesses owned and controlled by women. Increases from 30 to 48 the percentage of appropriated women's business center funds to be used during FY 2004 for sustained women's business center projects.
Amends the SBA loan guarantee program to authorize a small business to combine an SBA-guaranteed loan with a loan not guaranteed by a Federal, State, or local government. Allows the nonguaranteed loan to be made by: (1) the lender that provided the financing under the guaranteed loan or a different lender; or (2) a lender in the Preferred Lenders Program. Requires the lender to pay a fee with respect to the nonguaranteed portion of a combination loan. Provides maximum amounts of the nonguaranteed loan when processed either under the Preferred Lenders Program or by SBA staff. Terminates, until the end of FY 2004, the authority of lenders to retain loan guarantee fees collected with respect to SBA-guaranteed loans. Directs the SBA to: (1) eliminate certain loan program shutdowns or restrictions imposed by policy notices (thereby allowing for the processing and approval of previous loan applications that were not considered or approved due to a shutdown or restriction); and (2) give priority to the processing of such loans. Requires all combination loan fee proceeds to be used only to administer such loans.
Authorizes the resubmission of certain small business disaster loan applications submitted before January 1, 2003, in response to the events associated with SBA Disaster Declaration 3364 with respect to areas of New York City and Westchester County, New York. | {"src": "billsum_train", "title": "A bill to temporarily extend the programs under the Small Business Act and the Small Business Investment Act of 1958, through May 15, 2004, and for other purposes."} | 2,883 | 459 | 0.573683 | 1.940205 | 0.813847 | 2.394015 | 6.276808 | 0.892768 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Emergency
Psychiatric Care Act''.
SEC. 2. EXTENSION AND EXPANSION OF MEDICAID EMERGENCY PSYCHIATRIC
DEMONSTRATION PROJECT.
(a) In General.--Subsection (d) of section 2707 of Public Law 111-
148 (42 U.S.C. 1396a note) is amended to read as follows:
``(d) Length of Demonstration Project.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the demonstration project established under this section
shall be conducted for a period of 3 consecutive years.
``(2) Temporary extension of participation eligibility for
selected states.--
``(A) In general.--Subject to subparagraph (B) and
paragraph (4), a State selected as an eligible State to
participate in the demonstration project on or prior to
March 13, 2012, shall, upon the request of the State,
be permitted to continue to participate in the
demonstration project through September 30, 2016, if--
``(i) the Secretary determines that the
continued participation of the State in the
demonstration project is projected not to
increase net program spending under title XIX
of the Social Security Act; and
``(ii) the Chief Actuary of the Centers for
Medicare & Medicaid Services certifies that
such extension for that State is projected not
to increase net program spending under title
XIX of the Social Security Act.
``(B) Notice of projections.--The Secretary shall
provide each State selected to participate in the
demonstration project on or prior to March 13, 2012,
with notice of the determination and certification made
under subparagraph (A) for the State.
``(3) Extension and expansion of demonstration project.--
``(A) Additional extension.--Taking into account
the recommendations submitted to Congress under
subsection (f)(3), the Secretary may permit an eligible
State participating in the demonstration project as of
the date such recommendations are submitted to continue
to participate in the project through December 31,
2019, if, with respect to the State--
``(i) the Secretary determines that the
continued participation of the State in the
demonstration project is projected not to
increase net program spending under title XIX
of the Social Security Act; and
``(ii) the Chief Actuary of the Centers for
Medicare & Medicaid Services certifies that the
continued participation of the State in the
demonstration project is projected not to
increase net program spending under title XIX
of the Social Security Act.
``(B) Option for expansion to additional states.--
Taking into account the recommendations submitted to
Congress pursuant to subsection (f)(3), the Secretary
may expand the number of eligible States participating
in the demonstration project through December 31, 2019,
if, with respect to any new eligible State--
``(i) the Secretary determines that the
participation of the State in the demonstration
project is projected not to increase net
program spending under title XIX of the Social
Security Act; and
``(ii) the Chief Actuary of the Centers for
Medicare & Medicaid Services certifies that the
participation of the State in the demonstration
project is projected not to increase net
program spending under title XIX of the Social
Security Act.
``(C) Notice of projections.--The Secretary shall
provide each State participating in the demonstration
project as of the date the Secretary submits
recommendations to Congress under subsection (f)(3),
and any additional State that applies to be added to
the demonstration project, with notice of the
determination and certification made for the State
under subparagraphs (A) and (B), respectively, and the
standards used to make such determination and
certification--
``(i) in the case of a State participating
in the demonstration project as of the date the
Secretary submits recommendations to Congress
under subsection (f)(3), not later than August
31, 2016; and
``(ii) in the case of an additional State
that applies to be added to the demonstration
project, prior to the State making a final
election to participate in the project.
``(4) Authority to ensure budget neutrality.--The Secretary
annually shall review each participating State's demonstration
project expenditures to ensure compliance with the requirements
of paragraphs (2)(A)(i), (2)(A)(ii), (3)(A)(i), (3)(A)(ii),
(3)(B)(i), and (3)(B)(ii) (as applicable). If the Secretary
determines with respect to a State's participation in the
demonstration project that the State's net program spending
under title XIX of the Social Security Act has increased as a
result of the State's participation in the project, the
Secretary shall treat the demonstration project excess
expenditures of the State as an overpayment under title XIX of
the Social Security Act.''.
(b) Funding.--Subsection (e) of section 2707 of such Act (42 U.S.C.
1396a note) is amended--
(1) in the subsection heading, by striking ``Limitations on
Federal'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``5-
year''; and
(B) by striking ``through December 31, 2015'' and
inserting ``until expended'';
(3) by striking paragraph (3);
(4) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(5) in paragraph (3) (as so redesignated), by striking
``and the availability of funds'' and inserting ``(other than
States deemed to be eligible States through the application of
subsection (c)(4))''; and
(6) in paragraph (4) (as so redesignated)--
(A) in the first sentence--
(i) by inserting ``(other than a State
deemed to be an eligible State through the
application of subsection (c)(4))'' after
``eligible State''; and
(ii) by striking ``paragraph (4)'' and
inserting ``paragraph (3)''; and
(B) by inserting after the first sentence the
following: ``In addition to any payments made to an
eligible State under the preceding sentence, the
Secretary shall, during any period in effect under
paragraph (2) or (3) of subsection (d), or during any
period in which a law described in subsection (f)(4)(C)
is in effect, pay each eligible State (including any
State deemed to be an eligible State through the
application of subsection (c)(4)), an amount each
quarter equal to the Federal medical assistance
percentage of expenditures in the quarter during such
period for medical assistance described in subsection
(a). Payments made to a State for emergency psychiatric
demonstration services under this section during the
extension period shall be treated as medical assistance
under the State plan for purposes of section 1903(a)(1)
of the Social Security Act (42 U.S.C. 1396b(a)(1)).''.
(c) Recommendations to Congress.--Subsection (f) of section 2707 of
such Act (42 U.S.C. 1396a note) is amended by adding at the end the
following:
``(3) Recommendation to congress regarding extension and
expansion of project.--Not later than September 30, 2016, the
Secretary shall submit to Congress and make available to the
public recommendations based on an evaluation of the
demonstration project, including the use of appropriate quality
measures, regarding--
``(A) whether the demonstration project should be
continued after September 30, 2016; and
``(B) whether the demonstration project should be
expanded to additional States.
``(4) Recommendation to congress regarding permanent
extension and nationwide expansion.--
``(A) In general.--Not later than April 1, 2019,
the Secretary shall submit to Congress and make
available to the public recommendations based on an
evaluation of the demonstration project, including the
use of appropriate quality measures, regarding--
``(i) whether the demonstration project
should be permanently continued after December
31, 2019, in 1 or more States; and
``(ii) whether the demonstration project
should be expanded (including on a nationwide
basis).
``(B) Requirements.--Any recommendation submitted
under subparagraph (A) to permanently continue the
project in a State, or to expand the project to 1 or
more other States (including on a nationwide basis)
shall include a certification from the Chief Actuary of
the Centers for Medicare & Medicaid Services that
permanently continuing the project in a particular
State, or expanding the project to a particular State
(or all States) is projected not to increase net
program spending under title XIX of the Social Security
Act.
``(C) Congressional approval required.--The
Secretary shall not permanently continue the
demonstration project in any State after December 31,
2019, or expand the demonstration project to any
additional State after December 31, 2019, unless
Congress enacts a law approving either or both such
actions and the law includes provisions that--
``(i) ensure that each State's
participation in the project complies with
budget neutrality requirements; and
``(ii) require the Secretary to treat any
expenditures of a State participating in the
demonstration project that are excess of the
expenditures projected under the budget
neutrality standard for the State as an
overpayment under title XIX of the Social
Security Act.
``(5) Funding.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to the Centers
for Medicare & Medicaid Services Program Management Account to
carry out this subsection, $100,000 for fiscal year 2015, to
remain available until expended.''.
(d) Conforming Amendments.--Section 2707 of such Act (42 U.S.C.
1396a note) is amended--
(1) in subsection (a), in the matter before paragraph (1),
by inserting ``publicly or'' after ``institution for mental
diseases that is'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``An eligible
State'' and inserting ``Except as otherwise provided in
paragraph (4), an eligible State'';
(B) in paragraph (3), by striking ``A State shall''
and inserting ``Except as otherwise provided in
paragraph (4), a State shall''; and
(C) by adding at the end the following:
``(4) Nationwide availability.--In the event that the
Secretary makes a recommendation pursuant to subsection (f)(4)
that the demonstration project be expanded on a national basis,
any State that has submitted or submits an application pursuant
to paragraph (2) shall be deemed to have been selected to be an
eligible State to participate in the demonstration project.'';
and
(3) in the heading for subsection (f), by striking ``and
Report'' and inserting ``, Report, and Recommendations''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Improving Access to Emergency Psychiatric Care Act This bill amends the Patient Protection and Affordable Care Act to: (1) extend the emergency psychiatric demonstration project, which allows eligible states to provide payment for medical assistance to certain psychiatric institutions under title XIX (Medicaid) of the Social Security Act; and (2) eliminate certain limitations on federal funding for the project. Provided that an eligible state's participation is projected not to increase net Medicaid program spending: (1) a state that is already participating in the project may continue to do so through FY2016, and (2) the Department of Health and Human Services (HHS) may allow a participating state or a new eligible state to participate in the project through 2019. HHS must submit recommendations to Congress regarding whether the project should be further extended or expanded. | {"src": "billsum_train", "title": "Improving Access to Emergency Psychiatric Care Act"} | 2,442 | 216 | 0.633782 | 1.62386 | 0.633721 | 1.841379 | 15.793103 | 0.806897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Hearing Loss Detection,
Diagnosis, and Intervention Act of 1997''.
SEC. 2. PURPOSES.
The purposes of this Act are to authorize statewide early
detection, diagnosis, referral, and intervention networks, technical
assistance, a national applied research program, and interagency and
private sector collaboration for policy development, in order to assist
the States in making progress toward the following goals:
(1) All babies born in hospitals in the United States and
its territories should be screened for hearing loss before
leaving the hospital (unless the parents of the children object
to the screening).
(2) Babies who are not born in hospitals should be screened
within the first 3 months of life.
(3) Diagnostic audiologic testing, if indicated, should be
performed in a timely manner to allow appropriate referral for
treatment/intervention before the age of 6 months.
(4) All universal newborn hearing screening programs should
include a component which ensures linkage to diagnosis and the
community system of early intervention services.
(5) Public policy in early hearing detection, diagnosis,
and intervention should be based on applied research and the
recognition that infants, toddlers, and children who are deaf
or hard-of-hearing have unique language, learning, and
communication needs, and should be the result of consultation
with pertinent public and private sectors.
SEC. 3. STATEWIDE EARLY DETECTION, DIAGNOSIS, AND INTERVENTION
NETWORKS.
The Secretary of Health and Human Services (in this Act referred to
as the ``Secretary''), acting through the Administrator of the Health
Resources and Services Administration, shall make awards of grants or
cooperative agreements to develop statewide early detection, diagnosis,
and intervention networks for the following purposes:
(1) To develop State capacity to support newborn hearing
loss detection, diagnosis, and intervention.
(2) To monitor the extent to which hearing detection is
conducted in birthing hospitals throughout the State, and
assist in the development of universal newborn hearing
detection programs in birthing hospitals and nonhospital
birthing sites.
(3) To develop statewide models which ensure effective
screening, referral, and linkage with appropriate diagnostic,
medical, and qualified early intervention services, providers,
and programs within the community.
(4) To collect data on statewide early detection,
diagnosis, and intervention that can be used for applied
research and policy development.
SEC. 4. TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND APPLIED RESEARCH.
(a) Centers for Disease Control and Prevention.--The Secretary,
acting through the Director of the Centers for Disease Control and
Prevention, shall make awards of grants or cooperative agreements to
provide technical assistance to State agencies to complement an
intramural program and to conduct applied research related to infant
hearing detection, diagnosis, and treatment/intervention. The program
shall carry out the following:
(1) Provide technical assistance on data collection and
management.
(2) Develop standardized procedures for data management to
ensure quality monitoring of infant hearing loss detection,
diagnosis, and intervention programs.
(3) Study the costs and effectiveness of hearing detection
conducted by State-based programs in order to answer issues of
importance to national and State policymakers.
(4) Identify the causes and risk factors for congenital
hearing loss that might lead to the development of preventive
interventions.
(5) Study the effectiveness of early hearing detection,
diagnosis, and treatment/intervention programs by assessing the
health, developmental, cognitive, and language status of these
children at school age.
(6) Promote the sharing of data regarding early hearing
loss with State-based birth defects and developmental
disabilities monitoring programs for the purpose of identifying
previously unknown causes of hearing loss.
(b) National Institutes of Health.--The Director of the National
Institutes of Health, acting through the Director of the National
Institute on Deafness and Other Communication Disorders, shall for
purposes of this Act carry out a program of research on the efficacy of
new screening techniques and technology, including clinical trials of
screening methods, studies on efficacy of intervention, and related
basic and applied research.
SEC. 5. COORDINATION AND COLLABORATION.
(a) In General.--In carrying out programs under this Act, the
Administrator of the Health Resources and Services Administration, the
Director of the Centers for Disease Control and Prevention, and the
Director of the National Institutes of Health shall collaborate and
consult with other Federal agencies; State and local agencies
(including those responsible for early intervention services pursuant
to part C of the Individuals with Disabilities Education Act); consumer
groups serving individuals who are deaf and hard-of-hearing; persons
who are deaf and hard-of-hearing and their families; qualified
professional personnel who are proficient in deaf or hard-of-hearing
children's language and who possess the specialized knowledge, skills,
and attributes needed to serve deaf and hard-of-hearing infants,
toddlers, children, and their families; other health and education
professionals and organizations; third-party payers and managed care
organizations; and related commercial industries.
(b) Policy Development.--The Administrator of the Health Resources
and Services Administration, the Director of the Centers for Disease
Control and Prevention, and the Director of the National Institutes of
Health shall coordinate and collaborate on recommendations for policy
development at the Federal and State levels and with the private
sector, including consumer and professional based organizations, with
respect to early hearing detection, diagnosis, and treatment/
intervention.
(c) State Early Detection, Diagnosis, and Intervention Networks;
Data Collection.--The Administrator of the Health Resources and
Services Administration and the Director of the Centers for Disease
Control and Prevention shall coordinate and collaborate in assisting
States to establish early detection, diagnosis, and intervention
networks under section 3 and to develop a data collection system under
section 4.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Statewide Early Detection, Diagnosis, and Intervention
Networks.--For the purpose of carrying out section 3, there are
authorized to be appropriated $5,000,000 for fiscal year 1999,
$8,000,000 for fiscal year 2000, and such sums as may be necessary for
each of the fiscal years 2001 through 2003.
(b) Technical Assistance, Data Management, and Applied Research.--
(1) Centers for disease control and prevention.--For the
purpose of carrying out section 4(a), there are authorized to
be appropriated $5,000,000 for fiscal year 1999, $7,000,000 for
fiscal year 2000, and such sums as may be necessary for each of
the fiscal years 2001 through 2003.
(2) National institutes of health.--For the purpose of
carrying out section 4(b), there are authorized to be
appropriated $3,000,000 for fiscal year 1999, $4,000,000 for
fiscal year 2000, and such sums as may be necessary for each of
the fiscal years 2001 through 2003. | Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997 - Mandates grants or cooperative agreements to: (1) develop statewide hearing loss early detection, diagnosis, and intervention networks; and (2) provide technical assistance to State agencies to complement an intramural program and to conduct applied research related to infant hearing detection, diagnosis, and treatment or intervention. Requires the National Institutes of Health to carry out research on the efficacy of new screening techniques and technology. Mandates coordination and collaboration. Authorizes appropriations. | {"src": "billsum_train", "title": "Early Hearing Loss Detection, Diagnosis, and Intervention Act of 1997"} | 1,476 | 118 | 0.597795 | 1.728923 | 0.674374 | 5.39604 | 14 | 0.920792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Traveler Improvement Act of
2006''.
SEC. 2. IMPROVING THE ``NEXUS'' AND ``FAST'' REGISTERED TRAVELER
PROGRAMS.
(a) Findings.--The Congress finds the following:
(1) Section 7208(k) of the Intelligence Reform and
Terrorism Prevention Act of 2004 required that the Secretary of
Homeland Security implement a registered traveler program to
expedite the processing of registered travelers who enter and
exit the United States. In order to include as many
participants as possible, the Congress mandated that the
Secretary of Homeland Security create a program that--
(A) minimizes the cost of enrollment;
(B) makes the program enrollment convenient and
easily accessible; and
(C) provides applicants with clear and consistent
eligibility requirements.
(2) According to the Department of State Bureau of Consular
Affairs, 400,000 individuals made 48 percent of cross-border
trips between the United States and Canada in 2004. These are
the frequent travelers that must be encouraged to enroll in
expedited traveler programs.
(3) Barriers to enrollment in the Free and Secure Trade
program (``FAST'' or ``FAST'' program) and the ``NEXUS''
dedicated commuter lane system (``NEXUS'' or ``NEXUS program'')
include inadequate numbers and locations of enrollment centers,
a confusing application process, and high enrollment fees for
non-commercial users.
(4) Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, it is imperative
that the Department of Homeland Security expand the NEXUS and
FAST programs.
(b) Merging Requirements of NEXUS and FAST.--
(1) In general.--The Secretary of Homeland Security shall
merge the procedures for the programs described in subsection
(l) into a single procedure, with common eligibility and
security screening requirements, enrollment processes, and
sanctions regimes.
(2) Specific requirements.--In carrying out paragraph (1),
the Secretary shall ensure that--
(A) the procedures for the programs known as
``NEXUS Highway'', ``NEXUS Marine'', and ``NEXUS Air''
are integrated into such single procedure; and
(B) the processes relating to eligibility and
security screening are identical to those for the FAST
program described in subsection (l)(2) on the date of
the enactment of this Act.
(c) Integrating NEXUS and FAST Information Systems.--The Secretary
of Homeland Security shall integrate all databases and information
systems for the programs described in subsection (l) in a manner that
will permit any identification card issued to a participant to operate
in all locations where a program described in such subsection is
operating.
(d) Creation of NEXUS Convertible Lanes.--In order to expand the
NEXUS program described in subsection (l)(2) to major northern border
crossings, the Secretary of Homeland Security, in consultation with the
Canadian government, shall equip the following northern border
crossings with NEXUS technology:
(1) Pembina, North Dakota;
(2) Sault Ste. Marie, Michigan;
(3) Alexandria Bay, New York;
(4) Portal, North Dakota;
(5) Sweet Grass, Montana; and
(6) International Falls, Minnesota.
(e) Creation of Remote Enrollment Centers.--The Secretary of
Homeland Security, in consultation with the Canadian government, shall
create a minimum of 6 remote enrollment centers for the programs
described in subsection (l). A remote enrollment center shall be
established at each of the border crossings described in subsection
(d).
(f) Creation of Mobile Enrollment Centers.--The Secretary of
Homeland Security, in consultation with the Canadian government, shall
create a minimum of 4 mobile enrollment centers for the programs
described in subsection (l). Such mobile enrollment centers shall be
used to accept and process applications in areas currently underserved
by such programs. The Secretary shall work with State and local
authorities in determining the locations of mobile enrollment centers.
(g) On-Line Application Process.--The Secretary of Homeland
Security shall design an on-line application process for the programs
described in subsection (l). Such process shall permit individuals to
securely submit their applications on-line and schedule a security
interview at the nearest enrollment center.
(h) Promoting Enrollment.--
(1) Creating incentives for enrollment.--In order to
encourage applications for the programs described in subsection
(l), the Secretary of Homeland Security shall develop a plan to
admit participants at a rate that does not exceed $20 per card
issued. The fee for the first renewal shall be waived.
(2) Customer service phone number.--In order to provide
potential applicants with timely information for the programs
described in subsection (l), the Secretary of Homeland Security
shall create a customer service telephone number for such
programs.
(3) Publicity campaign.--The Secretary shall carry out a
program to educate the public regarding the benefits of the
programs described in subsection (l).
(i) Travel Document for Travel Into United States.--For purposes of
the plan required under section 7209(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note), an
identification card issued to a participant in a program described in
subsection (l) shall be considered a document sufficient on its own
when produced to establish identity and citizenship for travel into the
United States by United States citizens and by categories of
individuals for whom documentation requirements have previously been
waived under section 212(d)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(4)(B)).
(j) Consolidated Background Check Process.--
(1) Requirement.--The Secretary of Homeland Security, in
consultation with the Attorney General, shall establish a
single process for conducting the security screening and
background checks on individuals participating in any of the
programs identified under paragraph (2).
(2) Included programs.--The process established under
paragraph (1) shall apply to the following programs:
(A) The Transportation Worker Identification
Credential.
(B) The security risk determination and related
background checks under section 5103a of title 49,
United States Code, performed by the Transportation
Security Administration as part of the Department of
Transportation Hazardous Materials Endorsement
credentialing program.
(C) The programs described in subsection (l).
(D) The Secure Electronic Network for Travelers
Rapid Inspection, or ``SENTRI'', program authorized
under section 286(q) of the Immigration and Nationality
Act (8 U.S.C. 1356(q)).
(E) The Registered Traveler program of the
Transportation Security Administration.
(3) Features of process.--The process established under
paragraph (1) shall include the following:
(A) A single submission of security screening
information, including personal data and biometric
information as appropriate, necessary to meet the
security requirements of all applicable departmental
programs.
(B) An ability to submit such security screening
information at any location or through any process
approved by the Secretary with respect to any of the
applicable departmental programs.
(C) Acceptance by the Department of a security
clearance or other credential issued by a Federal
agency, to the extent that the security clearance
process of the agency satisfies requirements that are
at least as stringent as those of the applicable
departmental programs under subsection (b).
(D) Appropriate standards and procedures for
protecting individual privacy, confidentiality, record
retention, and addressing other concerns relating to
information security.
(4) Deadlines.--The Secretary of Homeland Security shall--
(A) submit a description of the process developed
under subsection (a) to the appropriate congressional
committees (as defined in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101)) by not later than
6 months after the date of the enactment of this Act;
and
(B) begin implementing such process by not later
than 12 months after the date of the enactment of this
Act.
(5) Inclusion of other programs.--The Secretary of Homeland
Security shall review other existing or developing Department
of Homeland Security programs that include security screening
or background checks for participating individuals, and report
to the appropriate congressional committees (as defined in
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101))
any recommendations for inclusion of such additional programs
in the consolidated screening process established under this
section.
(6) Relationship to other laws.--Nothing in this subsection
affects:
(A) any statutory or regulatory requirement
relating to the operation or standards of the programs
described in paragraph (2).
(B) any statutory requirement relating to title III
of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 435b et seq.).
(k) Reports.--
(1) Report on implementation.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit to the appropriate congressional
committees (as defined in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101)) a report on the implementation of
subsections (b) through (h) of this Act.
(2) Report on coordination.--Not later than 6 months after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit to the appropriate congressional
committees (as defined in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101)) a report on the work being
performed to streamline and coordinate the following programs:
(A) The programs described in subsection (l).
(B) The Secure Electronic Network for Travelers
Rapid Inspection, or ``SENTRI'', program authorized
under section 286(q) of the Immigration and Nationality
Act (8 U.S.C. 1356(q)).
(C) The Registered Traveler program of the
Transportation Security Administration.
(l) Programs.--The programs described in this subsection are the
following:
(1) The FAST program authorized under subpart B of title IV
of the Tariff Act of 1930 (19 U.S.C. 1411 et seq.)
(2) The NEXUS program authorized under section 286(q) of
the Immigration and Nationality Act (U.S.C. 1356(q)).
(m) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security such sums as may be
necessary for fiscal year 2007 to carry out this section. | Secure Traveler Improvement Act of 2006 - Directs the Secretary of Homeland Security to: (1) merge the Free and Secure Trade program (FAST, a joint United States-Canada program offering pre-authorized importers, carriers, and drivers expedited clearance processes for eligible goods) and the NEXUS program (a joint United States-Canada program designed to simplify border crossings for pre-approved, low risk travellers) dedicated commuter lane system into a single procedure, with common eligibility and security screening requirements, enrollment processes, and sanctions regimes; (2) ensure that the procedures for the NEXUS Highway, NEXUS Marine, and NEXUS Air programs are integrated into such single procedure, and the processes relating to eligibility and security screening are identical to those for the FAST program; (3) integrate databases and information systems to permit any identification card issued to a participant to operate in all locations; (4) design an on-line application process; and (5) develop enrollment plans that do not exceed $20 per card.
Directs the Secretary, in consultation with the government of Canada, to: (1) equip specified border crossings in Michigan, New York, North Dakota, Montana, and Minnesota with NEXUS technology; and (2) create at least six remote and four mobile FAST and NEXUS enrollment centers.
States that the program card shall satisfy certain travel document requirements for travel into the United States by U.S. citizens and for individuals whose document requirements have been waived under the Immigration and Nationality Act.
Directs the Secretary to establish a single process for conducting security screening and background checks for any of the following programs: (1) the transportation worker identification credential; (2) the security risk determination and related background checks performed by the Transportation Security Administration (TSA) as part of the Department of Transportation hazardous materials endorsement credentialing program; (3) the FAST and NEXUS programs; (4) the secure electronic network for travelers rapid inspection program (SENTRI); and (5) the registered traveler program of the TSA. | {"src": "billsum_train", "title": "To improve the \"NEXUS\" and \"FAST\" registered traveler programs."} | 2,291 | 424 | 0.739015 | 2.609314 | 0.76129 | 3.290816 | 5.375 | 0.928571 |
SEC. 101. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Solid Waste
Compact Act of 1993''.
SEC. 102. AMENDMENT TO THE RESOURCE CONSERVATION AND RECOVERY ACT.
The Resource Conservation and Recovery Act (42 U.S.C. 6903) is
amended by inserting at the end of section 6903 the following:
``(40) Compact--The term `compact' means a compact entered into by
two or more States pursuant to this act.
``(41) Compact Commission--The term `compact commission' means the
regional commission, committee, or board established in a compact to
administer such compact.
``(42) Compact Region--The term `compact region' means the area
consisting of all States that are members of the compact.
``(43) Solid Waste Disposal--The term `solid waste disposal' means
the recycling, incinerating, landfilling, or burning of solid waste
pursuant to the requirements established by the Environmental
Protection Agency, or any State environmental agency in which a compact
is physically located.
``(44) Non-Sited Compact Region--The term `non-sited compact
region' means any compact region that is not a sited compact region.
``(45) Regional Disposal Facility--The term `regional disposal
facility' means a non-Federal municipal or solid waste disposal
facility in operation January 1, 1993, or subsequently established and
operated under a compact.
``(46) Solid Waste--The term `solid waste' pertains to any
nonhazardous waste generated by a municipality, industry, or community.
``(47) State--The term `State' means any State of the United
States, the District of Columbia, and the Commonwealth of Puerto
Rico.''.
Sec. 103. The Resource Conservation and Recovery Act (42 U.S.C.
6904) is amended by striking subsections (a) and (b) and inserting in
lieu thereof the following:
``(a) State Responsibilities.--Each State shall be responsible for
providing, either by itself or in cooperation with other states, a plan
to adequately dispose of all solid waste that is generated within their
state. Within 12 months of the enactment of the Solid Waste Compact Act
of 1993 each State shall submit their plan to the United States
Environmental Protection agency for approval.
``(b) Regional Compacts for Solid Waste Disposal.--(1) In
General.--
``(A) Federal policy.--It is the policy of the Federal
Government that the responsibilities of the States under
section (a) for the disposal of solid waste can be most safely
and effectively managed on a regional basis.
``(B) Interstate compacts.--To carry out the policy set
forth in paragraph (A) the States may enter into such compacts
as may be necessary to provide for the establishment and
operation of regional disposal facilities for solid waste.
``(2) Applicability to Federal Activities.--
``(A) Effect of compacts on federal law.--Nothing contained
in this Act or any compact may be construed to confer any new
authority on any compact commission or State--
``(i) to regulate the packaging, generation,
treatment, storage, disposal, or transportation of
solid waste in a manner incompatible with the
regulations of the Environmental Protection Agency or
inconsistent with the Department of Transportation;
``(ii) to regulate health, safety, or environmental
hazards from source or byproduct material.
``(B) Federal authority.--Except as expressly provided in
this Act, nothing contained in this act or any compact may be
construed to limit the applicability of any Federal law or to
diminish or to otherwise impair the jurisdiction of any action
taken pursuant to any compact.
``(C) State authority preserved.--Except as expressly
provided in this Act, nothing contained in this Act expands,
diminishes, or otherwise affects State law.
``(3) Restricted Use of Regional Solid Waste Disposal Facilities.--
Any authority in a compact to restrict the use of regional solid waste
disposal facilities under the compact to the disposal of solid waste
generated within the compact region shall not take effect before each
of the following occurrs:
``(1) January 1, 1995; and
``(2) the Congress by law consents to the compact.
``(4) Congressional Review.--Each compact shall: Provide, That
every 5 years after the compact has taken effect the Congress may by
law withdraw its consent.
``(c) Alternative Solid Waste Disposal Methods.--
``(1) Not later than 12 months after the date of enactment
of the Solid Waste Compact Act of 1993, the Environmental
Protection Agency shall, in consultation with the States and
other interested persons, identify potential alternative
management programs for the control of solid waste, and
establish and publish technical guidance regarding the
implementation of such programs.
``(2) Not later than 24 months after the date of the
enactment of the Solid Waste Compact Act of 1993, the
Environmental Protection Agency shall, in consultation with the
States and other interested persons, identify and publish all
relevant technical information regarding the technologies
pursuant to subsection (1) that a State or compact must provide
to the Agency in order to pursue such programs, together with
the requirements that such facilities must meet, in the
judgment of the Agency, if pursued as an alternative to
traditional solid waste management. | Solid Waste Compact Act of 1993 - Amends the Resource Conservation and Recovery Act to require States to submit solid waste disposal plans to the Environmental Protection Agency (EPA) for approval.
Authorizes States to enter into compacts to provide for the establishment and operation of regional solid waste disposal facilities.
Prohibits a compact from restricting the use of such facilities to solid waste generated in the compact region before January 1, 1995, and before the Congress consents to such compact.
Requires a compact to provide that every five years after such compact has taken effect the Congress may withdraw its consent.
Directs EPA to: (1) identify alternative management programs for the control of solid waste and publish technical guidance regarding the implementation of such programs; and (2) publish information that a State or compact must provide to EPA, together with requirements for facilities, if such programs are pursued as alternatives to traditional solid waste management. | {"src": "billsum_train", "title": "Solid Waste Compact Act of 1993"} | 1,209 | 190 | 0.61755 | 1.542904 | 0.850167 | 3.180791 | 6.293785 | 0.920904 |
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